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DETENTION ORDER

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) CASE NO. CR 05 417 RSM 

)

v. )

)

) DETENTION ORDER

JOHN JAY CUNNINGHAM, )

)

Defendant. )

______________________________)

Offense charged: Counts I and II: CONSPIRACY TO DISTRIBUTE

MARIJUANA AND COCAINE. 

 Date of Detention Hearing: November 29, 2005.

 The Court, having conducted a contested detention hearing pursuant to Title 18

U.S.C. § 3142(f), and based upon the factual findings and statement of reasons for detention

hereafter set forth, finds that no condition or combination of conditions which the defendant

can meet will reasonably assure the appearance of the defendant as required and the safety

of any other person and the community. 

The Government was represented by Lisca Borichewski. The defendant was represented

by Stephen Illa.

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DETENTION ORDER

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FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) There is probable cause to believe the defendant committed the drug

offense of Possession with Intent to Distribute Cocaine Base. 

The maximum penalty is in excess of ten years. 

There is therefore a rebuttable presumption against the defendant’s

release based upon both dangerousness and flight risk, under Title 18

U.S.C. § 3142(e).

(2) Nothing in this record satisfactorily rebuts the presumption against

release for several reasons: Using the factors below, under Title 18 §

3142 (g), the Court considered the following: 

(a) The nature and circumstances of the offense charged, including

whether the offense is a crime of violence or involves a narcotic

drug. 

(b) The weight of the evidence: This case involves a search of this

Defendant’s residence where in $100,000 was located under the

sink. $60,000 in a safe along with a 9mm loaded magazine

which te Defendant identified as his were also located in his

residence. 

(c) The history and characteristics of the person, including:

The person’s character, physical and mental condition, family

ties, employment, financial resources, length of residence in the

community, community ties, past conduct, history relating to drug

or alcohol abuse, criminal history, record concerning appearance

at court proceedings, and whether at the time of the current

offense or arrest, the person was on probation, on parole, on

other release pending trial, sentencing, appeal, or completion of

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DETENTION ORDER

PAGE -3-

sentence of an offense under Federal, State, or local law. At the

time of his arrest, this Defendant was heard telling the co.

defendant that she would be released before he would, hence she

should “liquidate everything!” While this is susceptible to a

myriad of interpretations, the Court through the use of seizure

warrants (after this hearing) is aware of joint bank accounts which

appear to be proceeds of illegal drug activity, lending some

credibility to the allegation of the Defendant’s appearance of

obstructing justice by this statement to his co-defendant

(d) Risk of Flight.

 He is identified by law enforcement as involved in a first degree

Assault and Felony Flight (eluding) in another jurisdiction. His

co-defendant Luera is also implicated having allegedly assisted

him in his flight.

Based upon the foregoing information which is consistent with the

recommendation of U.S. Pre-trial Services, it appears that there is no condition

or combination of conditions that would reasonably assure future Court

appearances and/or the safety of other persons or the community.

It is therefore ORDERED:

(l) The defendant shall be detained pending trial and committed to the

custody of the Attorney General for confinement in a correction facility

separate, to the extent practicable, from persons awaiting or serving

sentences or being held in custody pending appeal;

(2) The defendant shall be afforded reasonable opportunity for private

consultation with counsel;

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DETENTION ORDER

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(3) On order of a court of the United States or on request of an attorney for

the Government, the person in charge of the corrections facility in which

the defendant is confined shall deliver the defendant to a United States

Marshal for the purpose of an appearance in connection with a court

proceeding; and

 (4) The clerk shall direct copies of this order to counsel for the United

States, to counsel for the defendant, to the United States Marshal, and to

the United States Pretrial Services Officer.

DATED this 9th day of December, 2005.

AMONICA J. BENTON

United States Magistrate Judge

 

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