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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. 

JAVIER ANDRES CORTEZ,

Defendant.

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Case No.: 05-207M

DETENTION ORDER 

Offense charged: 

Felon in possession of a firearm (18 U.S.C. § 922(g)(1)).

Date of Detention Hearing: Initial appearance, April 29, 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) Defendant was not interviewed by Pretrial Services for the Western District of

Washington.

(2) A criminal records check reflects defendant has a prior criminal history involving

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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

several violations.

(3) Defendant is viewed as a risk of nonappearance based on the facts that he is a

native of El Salvador, his background and ties to this district are unknown, and there is an

outstanding warrant for his arrest.

(4) Defendant is viewed as a risk of danger due to his criminal history and the nature

of the instant offense.

(5) The defendant has stipulated to detention due to the detainer placed on defendant

by the Bureau of Immigration and Customs Enforcement, but reserves the right to the possibility

of a subsequent motion for release if there is a change of circumstances.

(6) There appear to be no conditions or combination of conditions that will reasonably

assure the defendant’s appearance at future Court hearings and that will address 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

(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.

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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 3

DATED this 29th day of April, 2005.

s/ JAMES P. DONOHUE 

United States Magistrate Judge

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