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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

FRANCOIS CUNNINGHAM,

Defendant.

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CASE NO.: 05-566M

DETENTION ORDER 

Offense charged:

Convicted Felon in Possession of a Firearm (Western District of Kentucky)

Date of Detention Hearing: December 2, 2005

The Court, having conducted a detention hearing pursuant to 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 defendant can meet will reasonably assure

the appearance of defendant as required and the safety of other persons and the community.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) The defendant is charged in the Western District of Kentucy, Case number 3:05

MJ 348, with the offense of felon in possession of ammunition, having previously been convicted

of the offense of Manslaughter - 2nd degree.. The charge arises out of a possible homicide

investigation by the Louisville Kentucky Metro Police. The affidavit in support of the criminal

Case 2:05-mj-00566-MJB Document 6 Filed 12/02/05 Page 1 of 3
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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

complaint alleges that the same type of ammunition found at the scene of the homicide was found

in the defendant’s residence. 

(2) In the Pretrial Services Report, criminal records are cited that reflect prior offenses

including bail jumping first degree, manslaughter 2nd degree, tampering with physical evidence,

aggravated assault in the 4th degree (Police or probation officer), intimidating a witness, theft by

unlawful taking, possession of marijuana, and escape in the 2nd degree. The defendant is

associated with at least six alias names, two social security numbers and three dates of birth.

(3) The defendant poses a risk of danger due to the nature of the instant offense and

his criminal history. He poses a risk of nonappearance due to his prior convictions for escape and

bail jumping, and alleged connection with multiple alias and identification information.

(4) There does not appear to be any condition or combination of conditions that will

reasonably assure the defendant’s appearance at future Court hearings while addressing the danger

to other persons or the community.

It is therefore ORDERED:

(1) 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) Defendant shall be afforded reasonable opportunity for private consultation with

counsel;

(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 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

/ / /

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Case 2:05-mj-00566-MJB Document 6 Filed 12/02/05 Page 2 of 3
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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 3

(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 2nd day of December, 2005.

A

Mary Alice Theiler

United States Magistrate Judge 

Case 2:05-mj-00566-MJB Document 6 Filed 12/02/05 Page 3 of 3