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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. 05-570M

)

v. )

)

) DETENTION ORDER

MISTY MAYWOOD MCKEE, )

)

Defendant. )

______________________________)

Offense charged:

Count I: Conspiracy to Distribute Cocaine, in violation of Title 21, U.S.C.,

Sections 841(a)(1), 841(b)(1)(A) and 846

Date of Detention Hearing: December 6, 2005

 The Court conducted a 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 Lisca Borichewski. The

defendant was represented by Courtney Knudsen.

The Government moved for detention. The defendant did not contest to detention.

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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 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) Nothing in this record satisfactorily rebuts the presumption against

release for several reasons: 

(a) There is a risk of non-appearance as the defendant has no ties to

the Western District of Washington. 

(b) Due to the nature of the instant offense and defendant’s criminal

history she as viewed as a risk of danger and a threat to the

community. 

(c) Defendant appears to have ongoing poly-substance abuse

problems.

(d) Defendant does not contest detention.

(3) 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;

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DETENTION ORDER

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(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

States, to counsel for the defendant, to the United States Marshal, and to

the United States Pretrial Services Officer.

DATED this 12th day of December, 2005.

AMONICA J. BENTON

United States Magistrate Judge

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