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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. CR06-67-MJP

)

v. )

)

) DETENTION ORDER

CARL LEBREATH JUSTICE, )

)

Defendant. )

______________________________)

Offense charged:

Possession of Cocaine Base with Intent to Distribute.

Date of Detention Hearing: March 16, 2006

 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 Annette

Hayes. The defendant was represented by Michael Filipovic. 

//

//

Case 2:06-cr-00067-MJP Document 14 Filed 03/17/06 Page 1 of 3
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DETENTION ORDER

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FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) There is probable cause to believe the defendant committed the 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) Due to the nature of the instant offense, defendant is viewed as a risk of 

danger to the community. Defendant has an extensive criminal record

that includes prior drug convictions. At the time of his arrest, officials

recovered crack cocaine, ecstasy and a firearm from the car defendant

was entering. The Washington Department of Corrections has

corroborated their belief that he is a member of the Black Gangsta

Disciple gang.

(3) Defendant has a history of nonappearance and failure to comply with

court orders, pending state charges and a pending probation violation.

(4) 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.

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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DETENTION ORDER

PAGE -3-

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 17th day of March, 2006.

AMONICA J. BENTON

United States Magistrate Judge

Case 2:06-cr-00067-MJP Document 14 Filed 03/17/06 Page 3 of 3