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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

DIOGENES AUSTUDILLO- )

ZINSER, )

a/k/a Thomas, )

)

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)(A), (b)(1)(B), and 846.

Date of Detention Hearing: June 26, 2006

 The Court, having 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 Sarah Vogel. The

defendant was represented by Michael Nance.

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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) Defendant is a citizen of Mexico and in the United States

illegally; he has prior convictions for reentry after deportation,

including one conviction as an aggravated felon. 

(b) A review of defendant’s criminal history reveals and association

with fourteen aliases and five dates of birth. 

(c) Due to the nature of the instant offense and criminal history,

defendant is viewed as a risk of danger to 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;

(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 28th day of June, 2006.

AMONICA J. BENTON

United States Magistrate Judge

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