01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

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

UNITED STATES OF AMERICA,

Plaintiff,

v. 

ANDRE DA COSTA,

Defendant.

____________________________________

)

)

)

)

)

)

)

)

)

)

CASE NO. 05-523M

DETENTION ORDER

Offense charged:

Conspiracy to Smuggle Illegal Aliens; Interstate Travel in Aid of Racketeering

Date of Detention Hearing: Initial Appearance January 26, 2006

The Court, having conducted a detention hearing pursuant to 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 defendant can meet will reasonably assure

the appearance of defendant as required and the safety of other persons and the community.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) Defendant was not interviewed by Pretrial Services. He was born in Brazil and is

Case 2:05-mj-00523-MJB Document 7 Filed 01/26/06 Page 1 of 3
01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

believed to reside in Texas. There is no additional information available regarding his personal

history, residence, family ties, ties to this District, income, financial assets, liabilities,

physical/mental health or controlled substance use if any.

(2) An immigration detainer has been filed. Based on the detainer, defendant does not

contest detention.

(3) Defendant poses a risk of nonappearance due to lack of background information,

as well as lack of ties to this District, the nature of the current charges, and the immigration

detainer. He poses a risk of danger due to the nature of the current charges.

(4) There does not appear to be any condition or combination of conditions that will

reasonably assure the defendant’s appearance at future Court hearings while addressing the danger

to other persons or the community.

It is therefore ORDERED:

(1) 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) 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 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

Case 2:05-mj-00523-MJB Document 7 Filed 01/26/06 Page 2 of 3
01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 3

(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 27th day of January , 2006.

A

Mary Alice Theiler

United States Magistrate Judge 

Case 2:05-mj-00523-MJB Document 7 Filed 01/26/06 Page 3 of 3