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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. CR06-50JCC

)

v. )

)

) DETENTION ORDER

JOSE RUIZ-VELASQUEZ, )

)

Defendant. )

______________________________)

Offenses charged:

Count 1: Conspiracy to Distribute Methamphetamine and Heroin, in violation of

Title 21, U.S.C., Sections 841(a)(1), 841(b)(1)(A), and 846;

Count 3: Distribution of Heroin, in violation of Title 21, U.S.C., Section 841(a)(1)

and 841(b)(1)(C), and Title 18, U.S.C., Section 2;

Count 4: Distribution of Methamphetamine, in violation of Title 21, U.S.C., Section

841(a)(1) and 841(b)(1)(C), and Title 18, U.S.C., Section 2;

Count 5: Distribution of Heroin, in violation of Title 21, U.S.C., Section 841(a)(1)

and 841(b)(1)(C), and Title 18, U.S.C., Section 2;

Count 6: Distribution of Methamphetamine, in violation of Title 21, U.S.C., Section

841(a)(1) and 841(b)(1)(C), and Title 18, U.S.C., Section 2; and

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DETENTION ORDER

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Count 7: Distribution of Heroin, in violation of Title 21, U.S.C., Section 841(a)(1)

and 841(b)(1)(C), and Title 18, U.S.C., Section 2.

Date of Detention Hearing: September 26, 2006.

 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

Adam Cornell. The defendant was represented by John Crowley.

The defendant stipulates to detention, reserving the right to re-open the matter of

detention at a later date.

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) Nothing in this record satisfactorily rebuts the presumption against

release. 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;

(c) The history and characteristics of the person; and

(d) Risk of danger to the community. 

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DETENTION ORDER

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(3) The defendant does not contest detention.

(4) Based upon the foregoing information, 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

(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 29thday of September, 2006.

AMonica J. Benton

U.S. Magistrate Judge

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