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(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 an authorized Deputy United States Marshal for the purpose of any appearance in connection with a

court proceeding.

Dated: June 19, 20;
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HON. HO’ R.YLOYD [
United States Magistrate Judge

[PROPOSED] DETENTION ORDER
NO. CR 17-00059 BLF 4



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BRIAN J. STRETCH (CABN 163973)
United States Attorney

BARBARA J. VALLIERE (DCBN 439353)
Chief, Criminal Division

CHRISTOPHER D. VIEIRA (CABN 273781)
Special Assistant United States Attorney

150 Almaden Boulevard, Suite 900
San Jose, California 95113
Telephone: (408) 535-5061

FAX: (408) 535-5066

Email: christopher. vieira@usdoj.gov

Attorneys for United States of America

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION
UNITED STATES OF AMERICA, ) Case No. CR 17-00059 BLF
Plaintiff, | -PEDEOSER ORDER OF DETENTION OF
v. ) DEFENDANT MARIO CESAR CARDENAS
MARIO CESAR CARDENAS, ‘
Defendant.

The defendant, Mario Cesar Cardenas, came before the Court on June 16, 2017, for a detention
hearing. The defendant was present and represented by his counsel, Assistant Federal Public Defender
Rita Bosworth, and assisted by a Spanish-language interpreter. Special Assistant United States Attorney
Christopher Vieira represented the United States.

The government requested detention, submitting that no condition or combination of conditions
would assure the defendant’s appearance at future proceedings. Pretrial Services submitted a report
recommending detention on the basis that the defendant is a flight risk.

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Upon consideration of the Pretrial Services report, the court file, and the party proffers as
discussed below, the Court finds on the present record by a preponderance of the evidence that no
condition or combination of conditions would assure the defendant’s future appearance. The Court
orders the defendant detained.

The present order supplements the Court’s findings at the detention hearing and serves as written
findings of fact and statement of reasons as required by 18 U.S.C. § 3142(i).

The Bail Reform Act of 1984, 18 U.S.C. §§ 3141-3150, sets forth the factors which the Court
must consider in determining whether pretrial detention is warranted. In coming to its decision, the
Court has considered those factors, paraphrased below:

(1) the nature and seriousness of the offense charged;

(2) the weight of the evidence against the person;

(3) the history and characteristics of the person including, among other considerations,
employment, past conduct and criminal history, and records of court appearances; and

(4) the nature and seriousness of the danger to any person or the community that would be posed
by the person’s release.

18 U.S.C. § 3142(g).

Defendant Mario Cesar Cardenas is charged in an indictment with a violation of Title 8, United
States Code, Section 1326(a) — Illegal Reentry of Removed Alien.

The Pretrial Services report reflected the following facts:

¢ The defendant is not a United States citizen.

© The defendant has two parents, two sisters, and one daughter who live in Honduras.

¢ The defendant’s wife, four adult children, and one minor child live in the Northern
District of California. However, the defendant and his wife are separated, and the
defendant has not had any contact with his wife or children since a domestic violence
incident on October 11, 2016.

¢ The defendant may possess a valid Honduran passport.

¢ The defendant reported having no assets and no present employment.

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¢ The defendant does not have a permanent address. If the defendant is placed on pretrial
release, he will be able to stay with a friend, but only temporarily.
¢ The defendant’s criminal history report reflects two 2003 convictions for violating
California Penal Code section 288(c)(2) — Lewd and Lascivious with a Dependent Adult
by a Caretaker and one 2003 conviction for violating California Penal Code section
288a(g) — Oral Copulation: Victim Incapable of Giving Consent.
¢ The defendant’s criminal history report reflects a 2016 arrest for an alleged felony
violation of California Penal Code section 273.5(a) — Inflict Corporal Injury on
Spouse/Co-Habitant.
¢ The defendant has two active warrants in Santa Clara County.
¢ After his arrest in February 2017, the defendant applied for, and was denied, asylum in
the United States.
¢ The defendant has an active warrant for removal from the United States.
The defendant did not proffer that Pretrial Services’ reported facts were inaccurate.
In considering all of the facts and proffers presented at the hearing, on the present record the
Court finds the following factors among the most compelling in reaching its conclusion that no
combination of conditions could reasonably assure the defendant’s appearance as required: First, the
defendant does not have United States citizenship, he is illegally present in the United States, and he has
current ties to Honduras. Second, the defendant has a pending felony criminal matter in Santa Clara
County Superior Court. Third, the defendant’s asylum application was recently rejected, and his
removal from the United States is pending. Fourth, the defendant has no assets, is not employed, and
does not have a permanent place to live.
Accordingly, pursuant to 18 U.S.C. § 3142(i), IT IS ORDERED THAT:
(1) the defendant is committed to the custody of the Attorney General for confinement ina
corrections facility;
(2) the defendant be afforded reasonable opportunity for private consultation with his counsel;
and

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