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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. CR06-206 JLR

)

v. )

)

) DETENTION ORDER

FREDDY MASCARENAS- )

RODRIGUEZ, )

)

Defendant. )

______________________________)

Offense charged:

Count I: Conspiracy to Distribute Heroin and Cocaine, in violation of Title

21, U.S.C., §§ 841(a)(1), 841(b)(1)(B) and 846.

Date of Detention Hearing: June 28, 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

Sarah Vogel. The defendant was represented by Robert Leen.

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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:

(a) Defendant is a citizen of Mexico who is in the United States

illegally; he has no know ties to the Western District of

Washington and ICE has filed a detainer against him.

(b) His criminal history which includes an outstanding misdemeanor

warrant and prior removal.

(3) Defendant stipulates to detention at this time with leave to reopen should

additional information become available.

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

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DETENTION ORDER

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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 29th day of June, 2006.

AMONICA J. BENTON

United States Magistrate Judge

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