1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

DETENTION ORDER

PAGE -1-

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

)

Plaintiff, ) CASE NO. CR06-198 RSL

)

v. )

)

) DETENTION ORDER

EULALIO LEMUS- )

MONTELONGO, )

)

Defendant. )

______________________________)

Offense charged:

Conspiracy to Distribute Cocaine, Heroin and Methamphetamine

Date of Detention Hearing: June 13, 2006

 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

Todd Greenberg. The defendant was represented by Michael Nance.

// // //

Case 2:06-cr-00198-RSL Document 80 Filed 06/14/06 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

DETENTION ORDER

PAGE -2-

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) Defendant is viewed as a risk of danger to the community due to the

nature of the instant offense. The AUSA alleges that a pound of

methamphetamine and $4000.00 cash was located at defendant’s

residence at the time of arrest.

(3) Defendant is viewed as a risk of nonappearance as the defendant’s

background information is unknown or unverified and the Bureau of

Immigrations and Customs Enforcement has placed a detainer on

defendant.

(4) Defendant stipulated to detention.

(5) Based upon the foregoing information, 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;

Case 2:06-cr-00198-RSL Document 80 Filed 06/14/06 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

DETENTION ORDER

PAGE -3-

(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 14th day of June, 2006.

AMONICA J. BENTON

United States Magistrate Judge

Case 2:06-cr-00198-RSL Document 80 Filed 06/14/06 Page 3 of 3