[PROPOSED] DETENTION ORDER

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

30

BRIAN J. STRETCH (CABN 163973)

United States Attorney

BARBARA J. VALLIERE (DCBN 439353)

Chief, Criminal Division

DAMALI A. TAYLOR (CABN 262489)

WILLIAM FRENTZEN (LABN 24421)

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102-3495

Telephone: (415) 436-6401

FAX: (415) 436-6753

damali.taylor@usdoj.gov; william.frentzen@usdoj.gov

Attorneys for United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

v.

MARCUS ETIENNE,

Defendant.

)

)

)

)

)

)

)

)

)

)

CASE NO. 16-MJ-71663

[PROPOSED] ORDER DETAINING DEFENDANT 

MARCUS ETIENNE PENDING TRIAL

Court: Hon. Sallie Kim

Defendant MARCUS ETIENNE has been charged via Complaint with conspiracy to possess 

with intent to distribute marijuana, in violation of 21 U.S.C. '' 846, 841(b)(1)(B). The defendant was 

initially arrested and advised of the charges against him in the Western District of Louisiana, where he 

was ordered detained. After he was transported to this District, the United States again moved for 

detention. The defendant, represented by Darryl Stallworth, Esq., requested a detention hearing. On 

January 25, 2017 and February 1, 2017, this Court heard the arguments of the parties. Mr. Etienne was 

present, in custody, and represented by counsel. The Court also received the memorandum filed by the 

government in support of the defendant’s detention. See Docket No. 15. Following the February 1, 

2017 hearing, pursuant to 18 U.S.C. ' 3142(f), and considering the Pretrial Services recommendation of 

detention, the arguments of the parties, the Complaint filed in this case, and the factors set forth in 18 

Case 3:17-cr-00093-WHA Document 21 Filed 02/02/17 Page 1 of 2
[PROPOSED] DETENTION ORDER

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

30

U.S.C. ' 3142(g), the Court ordered defendant detained. The Court found that, by clear and convincing 

evidence, no condition or combination of conditions in 18 U.S.C. ' 3142(c) will reasonably assure the 

safety of any other person and the community. See 18 U.S.C. '' 3142(e) and (f); United States v. 

Motamedi, 767 F.2d 1403, 1406 (9th Cir. 1985). The Court also found by a preponderance of the 

evidence that no condition or combination of conditions will reasonably assure the defendant’s presence 

in court. Id.

The Court noted the following: 1) the defendant’s chronic history of failures to appear, 2) the 

defendant’s prior criminal history, including his conviction for battery on a police officer; 3) the 

defendant’s access to substantial amounts of cash, coupled with his lack of stable employment; 4) the 

threats made by the defendant to kill his sister-in-law; and 5) the defendant’s efforts to destroy evidence, 

and thereby obstruct justice, following his arrest in the instant case. 

ORDER

The defendant is ordered detained, as no condition or combination of conditions in 18 U.S.C. '

3142(c) will reasonably assure the safety of any other person and the community, and no condition or 

combination of conditions will reasonably assure the defendant’s presence in court. The defendant is 

committed to the custody of the Attorney General or a designated representative for confinement in a 

corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or held 

in custody pending appeal. See 18 U.S.C. ' 3142(i)(2). Defendant must be afforded a reasonable 

opportunity to consult privately with counsel. See 18 U.S.C. ' 3142(i)(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 must deliver defendant to the United States Marshal for a court appearance. See 18 U.S.C. '

3142(i)(4).

IT IS SO ORDERED.

DATED: February 2, 2017 _________________________

HON. SALLIE KIM

United States Magistrate Judge

Case 3:17-cr-00093-WHA Document 21 Filed 02/02/17 Page 2 of 2