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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.

VALENTINO GUY,

Defendant.

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CASE NO. CR05-391-RSM

DETENTION ORDER

Offense charged:

Conspiracy to Distribute Controlled Substances

Date of Detention Hearing: April 18, 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 has been indicted , together with twenty-five co-defendants, on a charge

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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

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of Conspiracy to Distribute Controlled Substances, which is alleged to have transpired over a five

year period. The AUSA proffers that defendant is the source of supply of cocaine to the main

distributer in the conspiracy case. As a ten-plus year drug offense, there is a rebuttable

presumption against defendant as to both dangerousness and flight risk, under 18 U.S.C. §1342(e).

(2) At the time the Indictment was filed, a bench warrant was issued for the defendant.

In an interview with Pretrial Services, defendant acknowledged that he had been eluding arrest

since the bench warrant was issued in November 2005. The AUSA proffers that the Marshals

Service engaged in extensive and aggressive efforts to locate defendant at that time. He selfsurrendered on April 17, 2006.

(3) Defendant has a number of different residences at which he has resided on an

intermittent and sporadic basis. He owns two firearms but told Pretrial he does not know the

current location of the firearms at this time. He attorney reported the firearms are in a locked safe

in Eastern Washington. Defendant reports no employment since July 2005 and only sporadic

employment before that. The AUSA proffers that the defendant owns a home in Mexico although

the defendant denies this.

(4) Nothing in the record effectively rebuts the presumption that no condition or

combination of conditions will reasonably assure the appearance of the defendant as required and

the safety of 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

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DETENTION ORDER 15.13

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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

(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 18th day of April , 2006.

A

Mary Alice Theiler

United States Magistrate Judge 

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