ORDER - 1 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. 

CEDRIC ROMERO BOOKER, 

 Defendant. 

CASE NO. 3:06-cr-05421-RBL 

ORDER OF DETENTION PENDING 

HEARING ON REVOCATION OF 

SUPERVISED RELEASE 

Defendant appeared before Magistrate Judge Theresa L. Fricke at a hearing on September 

25, 2018. The purpose of the hearing was to determine whether defendant should be detained 

until an evidentiary hearing on the government’s allegation that defendant violated the terms of 

his supervised release and that release should be revoked. That hearing is scheduled for October 

5, 2018, before District Judge Ronald B. Leighton. Dkt. 58. 

The Court, having conducted a detention hearing under 18 U.S.C. § 3143(a), and based 

on the factual findings and statement of reasons set forth in this order, finds that defendant 

should be detained. Defendant has failed to show by clear and convincing evidence that he will 

not flee or pose a danger to any other person or the community pursuant to 18 U.S.C. § 

3143(a)(1), CrR 32.1(a)(6), and CrR 46(c), (d). Accordingly, the Court has remanded defendant 

to custody pending the revocation hearing. 
ORDER - 2 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

The record indicates that defendant has repeatedly broken the Court’s trust in failing to 

comply with conditions of supervised release. 

Defendant has not shown by clear and convincing evidence that he would not present a 

danger to others or the community. The Court is mindful that the record shows that defendant’s 

wife, with whom he has been in a relationship since 2015, has a stabilizing presence in his life. 

The Court also takes note of the United States Probation Office’s positive residence assessment. 

The Court is nonetheless concerned that defendant’s release from prison directly to the new 

home would lack the structure and enhanced supervision a transitional living arrangement would 

provide. Moreover, the defendant’s most recent arrest involved witness tampering, unlawful 

imprisonment, threats to kill, and extortion. The Court is not convinced that defendant does not 

present a danger to the safety of any other person or the community. 

Defendant also has not shown by clear and convincing evidence that he would not present 

a risk of flight or nonappearance. The availability of defendant’s wife’s residence is again a 

factor in his favor. Defendant also points to his work as a personal trainer. However, defendant 

has never lived with his wife, and his job does not have a set schedule. Defendant was charged 

with escape; while this occurred over a decade ago, that charge together with defendant’s 

repeated violations of conditions of supervision give the Court doubts about the likelihood 

defendant will willingly appear in the future. Defendant’s showing is not clear and convincing. 
ORDER - 3 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

It is therefore ORDERED: The defendant is detained pursuant to 18 U.S.C. § 3143(a). 

He is to be delivered as ordered by the Court for further proceedings. 

Dated this 25th day of September, 2018.

A

Theresa L. Fricke 

United States Magistrate Judge