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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. CR05-433RSL

)

v. )

)

) DETENTION ORDER

KENNETH L. GOUIN, )

)

Defendant. )

______________________________)

Offense charged:

Possession of Visual Images of Minors Engaged in Sexually Explicit Conduct, in

violation of Title 18, U.S.C., Sections 22529a)(4)(B), 2252(b)(2), and 2.

Date of Detention Hearing: October 4, 2007

 The Court, having conducted an uncontested 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

Matthew Diggs. The defendant was represented by Ralph Hurvitz.

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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 an offense

addressed in the recently enacted Adam Walsh Act involving sexual

exploitation of a minor. 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) Defendant has a prior conviction for rape of a minor and there is an

outstanding warrant in King County, Washington for Defendant’s failing

to register as a sex offender. Defendant is therefore viewed as a risk of

danger to the public.

 (3) The defendant stipulates to detention at this time.

After applying the presumptions applicable under the Bail Reform Act and its recent

amendments, the Court concludes that the presumption of detention is not overcome. 

Thus, 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

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DETENTION ORDER

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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 5th day of October, 2007.

AMONICA J. BENTON

United States Magistrate Judge

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