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UNITED STATES DISTRICT COURT

 WESTERN DISTRICT OF WASHINGTON

 AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) CASE NO. CR05-182 MJP

)

v. )

)

YVETTE R. BAILEY, ) DETENTION ORDER 

True name: Fahtima Schneiver, )

Defendant. )

_____________________________ )

Offense charged: Conspiracy to Utter Fictitious Instruments, in violation of Title 18,

U.S.C., Section 514(a)(2).

Date of Detention Hearing: May 13, 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 Vince

Lombardi. The defendant was represented by Peter Mair.

The Government argued for detention, asserting that the defendant has an extensive

criminal history, including multiple failures to appear. Further supporting its motion, the

Government stated the defendant has outstanding warrants and four to five alias names. The

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Government expressed concern as to the nature of the instant offense in which the

conspiracy spans multiple jurisdictions. 

Finally, the Government reported that the defendant’s criminal history included

being out of compliance with her recent drug treatment program; that she did not show up

for counseling and, after being mirandized, stated that she had in fact been using drugs. The

Government maintained that the defendant poses a significant flight risk and therefore needs

to be detained.

The defense argued for the defendant’s release, however, concurring that her

criminal history is impressive. The defense believed that the defendant’s addiction to crack

cocaine should be factored in as her drug use has driven the series of crimes. The defense

notes that the defendant is not currently using illegal substances. Additionally, the defense

asserts that the instant offense is not the type of charge that demands detention. The defense

further stated that the defendant has significant ties to the community; she is the mother of

two children and her father, whom she wishes to repair her relationship with, owns the home

where she resides with her children and her aunt. The defense also noted that the

defendant’s father is an assistant chief of police of Seattle.

The defense denies that the defendant was out of compliance with her drug

treatment program, asserting that she was very active in the program. The defendant made

a statement to the Court, expressing a wish to get her life back together.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) The defendant has an extensive criminal history. Government records

indicate that the defendant is a career criminal, having numerous criminal

offenses which date back to 1985. The criminal history includes 

outstanding bench warrants in multiple states and several failures to

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comply, which indicate the defendant to be a risk of non-appearance in this

instant offense. 

(2) Additionally supporting the risk of non-appearance, the defendant is

reportedly associated with at least fifteen alias names, seven alias dates of

birth, and eight alias social security numbers. This, in combination with

the defendant’s apparent substance abuse problems, compels the Court to

view the defendant as a risk of flight.

(2) Due to the nature and seriousness of the crime alleged, paired with the

defendant’s criminal history, release of the defendant would pose a risk to

the community.

Thus, there is no condition or combination of conditions that would reasonably assure

future court appearances.

It is therefore ORDERED:

(l) Defendant shall be detained pending trial and committed to the custody of

the Attorney General for confinement in a correctional 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 correctional 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,

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to counsel for the defendant, to the United States Marshal, and to the

United States Pretrial Services Officer.

DATED this 18th day of May, 2005.

AMONICA J. BENTON

United States Magistrate Judge

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