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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

____________________________________

)

In re GRAND JURY ) No. 06-158M

INVESTIGATION 05-01 )

)

 ______________________ )

)

In re Material Witness: ) DETENTION ORDER

) Material Witness

AH IN CHOI. )

____________________________________)

Charge: Material Witness

Date of Detention Hearing: April 10, 2006

The Court, having conducted a detention hearing pursuant to 18 U.S.C. §§ 3142(f) and

3144, and based upon the factual findings and statement of reasons hereafter set forth, finds that

detention is necessary to adequately secure the testimony of the material witness, and to prevent

a failure of justice. 

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) Mr. Choi was arrested on a material witness warrant in a matter currently pending

before the grand jury, upon a finding that he had material evidence to provide and that it was

impracticable to secure his presence by subpoena. He made his initial appearance in this Court

on April 10, 2006.

(2) The United States has moved to detain Mr. Choi pursuant to 18 U.S.C. § 3144

pending his appearance before the grand jury.

(3) There is an immigration detainer lodged against the witness.

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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

(4) Defendant has stipulated to detention, but reserves the right to contest his

continued detention if there is a change in circumstances. 

(5) The material witness is viewed as a risk of nonappearance based on his unknown

background information and lack of information about any ties to this community or to the

Western District of Washington.

(6) The Court finds that further detention is necessary to prevent a failure of justice.

The material witness will be detained until his testimony can adequately be secured. 

It is therefore ORDERED:

(1) The material witness shall be detained pending the taking of his testimony 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 material witness 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 material

witness is confined shall deliver the material witness to a United States Marshal

for the purpose of an appearance in connection with a court proceeding or for

providing testimony in connection with a case pending in this court; and

(4) The Clerk shall direct copies of this Order to counsel for the United States, to

counsel for the material witness, to the United States Marshal, and to the United

States Pretrial Services Officer.

DATED this 10th day of April, 2006.AJAMES P. DONOHUE

United States Magistrate Judge 

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