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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. CR06-176-FDB

)

v. )

)

) DETENTION ORDER

BIRGIS BROOKS, )

)

Defendant. )

______________________________)

Offenses charged:

Count I: Conspiracy to Import Marijuana, in violation of Title 21, U.S.C.,

Sections 952, 960(a)(1), 960(b)(2)(G), and 963;

Count 2: Conspiracy to Distribute Marijuana, in violation of Title 21, U.S.C.,

Sections 841(a)(1), 841(b)(1)(B) and 846;

Count 3-4: Possession of Marijuana with Intent to Distribute, in violation of

Title 21, U.S.C., Sections 841(a)(1), 841(b)(1)(B), and Title 18,

U.S.C., Section 2.

Date of Detention Hearing: October 5, 2007

 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

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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 Ronald

Friedman. The defendant was represented by Robert Goldsmith.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) There is probable cause to believe the defendant committed the drug

offenses of conspiracy to distribute marijuana. 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) The defendant has an outstanding warrant in Canada.

(3) He has a history of failing to appear in Washington State courts.

(4) The defendant stipulated to detention. 

Based upon the foregoing information which is also consistent with the recommendation of

detention by U.S. Pre-trial Services, 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

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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 5th day of October, 2007.

AMONICA J. BENTON

United States Magistrate Judge

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