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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

JOHN MARTIN MCCULLA,

Defendant.

____________________________________

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CASE NO. 06-351M

DETENTION ORDER

Offense charged:

Aggravated Identity Theft (two counts), Unauthorized Access Device Fraud, Social

Security Fraud

Date of Detention Hearing: July 7, 2006

The Court, having conducted a detention hearing pursuant to 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 defendant can meet will reasonably assure

the appearance of defendant as required and the safety of other persons and the community.

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) Defendant has been indicted for the above listed offenses in the District of Oregon,

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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

case number CR 06-257. He has waived an identity hearing and an order of transfer has been

signed by this court.

(2) In the Pretrial Services Report, criminal records are cited that reflect prior offenses

including DUI, reckless endangerment, possession of methamphetamine, and theft. A charge for

possession of stolen property in the second degree is pending in King County. A bench warrant

has been issued in Beaverton, Oregon for a failure to appear for a court hearing while he was in

custody in the King County Jail. The bench warrant is extradictable from Washington. The

pending charges in Oregon are for theft in the first degree, fraudulent use of a credit card (two

counts) and forgery in the second degree (two counts). Court records reflect that the defendant

is associated with one alias name, two dates of birth and two Social Security numbers.

(3) The defendant does not contest detention at this time, based on the pending,

extradictable warrant from Oregon. He indicates he may request a detention review at his first

appearance in the District of Oregon.

(4) The defendant poses a risk of nonappearance due to some conflicting information

about residential history, multiple personal identifiers, the new felony warrant and several pending

charges in King County, Washington, and outstanding warrant from Oregon for similar offenses.

He poses a risk of danger due to the nature of the charges and criminal history.

(5) There does not appear to be any condition or combination of conditions that will

reasonably assure the defendant’s appearance at future Court hearings while addressing the danger

to other persons or the community.

It is therefore ORDERED:

(1) Defendant shall be detained pending trial and committed to the custody of the

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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 3

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) 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 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 7th day of July, 2006.

A

Mary Alice Theiler

United States Magistrate Judge 

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