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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. CR05-173 JLR

)

v. )

)

) DETENTION ORDER

ROBERT KESLING, )

)

Defendant. )

______________________________)

Offenses charged:

Count 1: Conspiracy to Distribute Cocaine and Marijuana, in violation of

Title 21, U.S.C., Sections 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), and

846;

Count 2: Conspiracy to Import Marijuana, in violation of Title 21, U.S.C.,

Section 952, 960(b)(2)(G), and 963;

Count 3: Conspiracy to Export Cocaine, in violation of Title 21, U.S.C.,

Sections 953, 960(b)(1)(B), and 963;

Count 4: Possession of Cocaine with Intent to Distribute, in violation of Title

21, U.S.C., Sections 841(a)(1) and 841(b)(1)(A), and Title 18,

U.S.C., Section 2; and

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DETENTION ORDER

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Count 5: Possession of Marijuana with Intent to Distribute, in violation of

Title 21, U.S.C., Sections 841(a)(1) and 841(b)(1)(B), and Title 18,

U.S.C., Section 2.

Date of Detention Hearing: May 18, 2005.

 The Court, having conducted an uncontested 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

Ron Friedman and Susan Roe. The defendant was represented by Robert Huff.

The Government argued for detention, pointing out that the evidence of this case

is not speculative but, in fact, corroborated by taped conversations of the defendant.

Maintaining that the defendant is a flight risk, the Government noted that the taped

conversations of the defendant comprised of an elaborate plan for his co-conspirator to flee

to Mexico, stating that he would follow in one week. The Government also noted that the

defendant has ties in Canada and Mexico, and has traveled to Mexico at least twice to meet

with individuals in the drug organization. The recordings reveal that the defendant

liquidated his assets to avoid Government seizure, which the Government noted as further

facilitating the defendant’s pre-arranged flight to Mexico.

The Government asserted that the defendant is a danger and therefore should be

detained. Supporting this position, the Government reported that 150 kilograms of cocaine

were seized in this instant offense, citing its street value of approximately $34 million

dollars, U.S. currency; this, in addition to the reported $1 million dollar approximation of

the seized marijuana. Finally, the Government reported that additional items were seized

from the defendant, including multiple assault weapons, a semi-automatic firearm, the

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DETENTION ORDER

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defendant’s passport, and $3,000 U.S. currency. 

The defense stipulated to detention, requesting leave to reopen the matter of

detention should circumstances change.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

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

conspiracy drug offense. 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) 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. The charges in this matter are serious conspiracy drug

offenses; the substantial amount of drug trafficking appears to be

at the behest of the defendant.

(b) The weight of the evidence. Tape recordings of the defendant tie

the material evidence of criminal activity to the defendant; the

defendant’s own words further indicate his activity and

preparation to flee to Mexico. Additionally, the gravity of the

evidence is reflected in the amount of drugs seized, the combined

street value being over $34 million dollars U.S. currency, as well

a the seizure of twelve firearms, cash and the defendant’s

passport.

(c) Risk of danger to the community. The Court finds that the

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defendant poses a risk of danger to the community given the

nature of the charges and the amount of firearms seized in the

instant offense. The Court is particularly concerned with the

defendant’s threats of bodily harm to others, as reflected in taped

conversations. It should be noted that the defendant is a highly

trained “ultimate” fighter. 

(3) The defendant stipulated to detention.

(4) 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;

(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

//

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//

(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 23rd day of May, 2005.

AMONICA J. BENTON

United States Magistrate Judge

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