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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. CR05-391 RSM

)

v. )

)

) DETENTION ORDER

CARLOS EDWARD FORD, )

)

Defendant. )

______________________________)

Offense charged:

Conspiracy to Distribute Controlled Substances, in violation of Title 21, U.S.C.,

Sections 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), 841(b)(1)(C), and 846.

Date of Detention Hearing: November 22, 2005.

 The Court, having conducted a contested 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 Rich Cohen. The defendant was represented by Ralph Hurvitz.

The Government urges the court to detain the defendant, stating that the drug

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DETENTION ORDER

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conspiracy involves wiretaps which further corroborate the strength of the evidence in

instant offense. Pointing to the defendant’s flight risk, the Government asserts that the

defendant traveled to Mexico with the purpose of furthering the drug enterprise and drug

trafficking. The Government alleges that the defendant has access to large sums of cash,

emphasizing that the defendant has not been legitimately employed since 2002, yet owns

six residential properties. It should be noted that the down payments for the properties also

involved large sums of cash. The Government expressed concern that access to such cash

may facilitate flight, in addition to the defendant’s use of alias names.

Further supporting the defendant’s risk of flight, the Government contends that the

defendant has a particularly disturbing history of flight to avoid prosecution as reflected in

his felony Hit and Run conviction involving a high speed chase and subsequent serious

injury of his passenger, who is also a co-conspirator in the instant offense. 

As a danger to the community, the Government referred to a drug debt collection

 which involved the defendant’s threat of violence toward the debtor. This is of particular

concern to the Government as firearms - including assault weapons and semiautomatic

firearms - are involved in the conspiracy.

The defense argues for release, requesting that the defendant be permitted to live

with his mother while on electronic home monitoring. The defense contends that the felony

Hit and Run conviction is from 1999, and that a six-year-old conviction does not carry as

much significance as what a recent conviction might carry. Additionally, the defense states

that the defendant’s family initiated contact with counsel, and that their presence in court

suggests the defendant has significant ties to the community and does not pose a flight risk.

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

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DETENTION ORDER

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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 for several reasons: Using the factors below, under Title 18 §

3142 (g), the Court considered the following: 

(a) The defendant poses a risk of flight as he has access to large sums

of cash; he has traveled to Mexico within the past year; he has 

known alias names; and he has no verifiable source of legitimate

income yet $200,000 dollars U.S. Currency was located in the

residence at the time of his arrest.

(b) The Court is very disturbed by the defendant’s serious history of

flight to avoid prosecution and numerous court order violations,

including a felony protection order violation. Additionally, the

Court views the defendant’s use of his mother to hide his

involvement in the felony Hit and Run as indicative of deceitful

character which bears upon his trustworthiness.

(c) Due to the nature of the charges, in combination with the

defendant’s criminal history and seizure of numerous firearms, the

Court finds the defendant to be a risk of danger to the community.

(3) 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.

//

//

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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 23rd day of November, 2005.

AMONICA J. BENTON

United States Magistrate Judge

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