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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. 

MICHAEL MILLER,

Defendant.

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CASE NO. 06-27M

DETENTION ORDER 

Offense charged:

Felon in Possession of a Firearm - Armed Career Criminal; Possession of a Stolen Firearm

Date of Detention Hearing: January 31, 2006

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) Defendant is charged by Indictment in the District of South Dakota. A hearing was

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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

held in this District pursuant to CrR 5(c)(3)D)(ii), following which a finding was entered that

probable cause exited to establish that the defendant was the same person named in the Indictment.

(2) Defendant has a lengthy criminal record that includes multiple failures to appear

and modifications of sentence for non-compliance. Defendant is currently under the supervision

of this Court for Case Number 03-545, and has been found in violation of the conditions of

supervised release three times for charges including use of controlled substances, failure to

participate in a substance abuse program, failing to complete halfway house placement, failing to

report to the probation officer, and committing new criminal offenses. 

(3) Defendant was not interviewed by Pretrial Services. Updated background

information is not available.

(4) Defendant does not contest detention.

(5) Defendant poses a risk of nonappearance due a history of failure to appear, a

history of noncompliance with court orders, and lack of current background information. He

poses a risk of danger due to criminal history and the nature of the current charges.

(6) 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;

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DETENTION ORDER 15.13

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(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

(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 31st day of January , 2006.

A

Mary Alice Theiler

United States Magistrate Judge 

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