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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

HENRY ORLANDO CASTRO, )

)

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 Alison Holcomb.

The Government moved for detention, asserting that the defendant poses a very

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DETENTION ORDER

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significant flight risk. The Government maintains that the defendant played a significant

role in the conspiracy as supported by wire tap surveillance, and that he has access to large

sums of cash which may be used to facilitate flight. The defendant has no significant ties

to Washington. However, the Government states that he does have ties to California and

outside the United States. Further supporting its position of flight risk, the Government

claims that the defendant has a history of noncompliance while on supervision in addition

to numerous failures to appear.

The Government believes the defendant to be a risk of danger given the nature of

the instant offense, which involves large quantities of cocaine (5-10 kilos), and the

significant criminal history of the defendant, which includes burglary and drug charges.

The defense argues for release, asserting that the defendant did not play as large

of a role as the Government purports. The defense suggests that the defendant was - if

anything- merely a possible conduit. Supporting its position, the defense offers that the

defendant did not receive large sums of cash; that he has no assets; and that he resides with

his mother having strong ties to his family.

Additionally, the defense concedes that the defendant’s criminal history reaches

to the distant past, however asserts that most of the offenses are driving offenses. The

defense rebuts the Government’s accusation of substance abuse, stating that the defendant

has had no arrests for drug use since 1990, and has no substance abuse now. The defendant

is currently working for his mother and is taking the steps to be gainfully employed as a

certified court-appointed interpreter.

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

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DETENTION ORDER

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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 a history of failure

to appear and of noncompliance while on supervision; he has

access to large sums of cash which may be used to facilitate

flight; and he has no prospective employment or significant ties to

this district.

(b) The defendant appears to have a history of substance abuse,

which further gives reason for concern of flight risk. The

defendant has not admitted to substance abuse issues that the

Government finds to be relevant.

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

defendant’s criminal history, the Court finds the defendant to be a

risk of danger to the community.

(3) 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

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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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