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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

ERIC O’NEIL SOLIER, )

)

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 James Vonasch.

The Government moves for detention of the defendant, stating that the drug

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DETENTION ORDER

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conspiracy involves a February 2005 surveillance of the defendant delivering 109 grams of

cocaine base, for which he received large sums of cash. Moreover, evidence found in the

court authorized wiretap further corroborates the defendant’s role in the conspiracy. The

Government reports that the defendant is not legitimately employed, and his access to large

sums of cash may be used to facilitate flight.

The Government cites that the defendant has active bench warrants and a history

of failures to appear, suggesting an inability to comply with release in this conspiracy

offense. Pointing to the defendant’s risk of danger to the community, the Government refers

to the nature of the instant offense, and purports that the defendant is associated with gang

members of the 74 Hoover Crips.

Arguing for release, the defense draws attention to the exceptional support group

of the defendant as reflected by the many family members and friends present in court. The

defense asserts that the defendant has letters from his employers at Jiffy Lube vouching for

his character and employability. According to the defense, the defendant has no assets, has

strong ties to this community, and is a responsible father. The defense requests that court

permit the defendant to be released to home detention.

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

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 nonappearance as he has a history

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DETENTION ORDER

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of failing to appear and is unemployed with no reported source of

income at this time. The risk of the defendant’s nonappearance is

heightened by the severity of penalties he faces in this conspiracy

offense.

(b) The Court finds the weight of the evidence in this conspiracy

charge to be significant: The February 2005 surveillance and later

wiretap evidence clearly implicates him in the drug enterprise.

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

defendant’s reported gang affiliation and admitted drug dealing

activity, there is a risk of danger to the community.

(3) Based upon the foregoing, 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

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

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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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