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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. 05-588M

)

v. )

)

) DETENTION ORDER

HECTOR JUAN FELIX, )

)

Defendant. )

______________________________)

Offense charged:

Count 1: Conspiracy to Distribute Methamphetamine, in violation of Title 21,

U.S.C., Sections 841(a)(1), 841(b)(1)(a), and 846;

Counts 2-7: Distribution of Methamphetamine, in violation of Title 21, U.S.C.,

Sections 841(a)(1) and 841(b)(1)(B) and Title 18, U.S.C., Section 2.

Date of Detention Hearing: December 13, 2005.

 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

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 Adam Cornell

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DETENTION ORDER

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and John Lulejian. The defendant was represented by Peter Avenia.

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) Due to the nature of the instant offense and the weight of the

evidence, defendant is viewed as a flight risk. The charges

involve purchase of a kilo or more of drugs and $25,000.00. The

Title III wiretaps reveals defendant’s conduct in the drug

conspiracy. On the day of arrest defendant was in possession of

19 grams of “Ice”.

(b) These new drug charges occurred while defendant was on

probation to Superior Court in Snohomish County.

(c) A search of defendant’s vehicle revealed a hidden compartment

containing drugs and a firearm.

(d) The defendant’s record reveals a history of non-appearance. 

(e) Defendant has problems with substance abuse.

(3) Based upon the foregoing information, which is consistent with the

recommendation of 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.

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DETENTION ORDER

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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

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 December, 2005.

AMONICA J. BENTON

United States Magistrate Judge

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