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Case No. 17-cr-0068 EJD (NC)

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

UNITED STATES OF AMERICA,

 Plaintiff,

 v.

ALEXANDER MARTINEZ-FLORES,

 Defendant.

Case No. 17-cr-0068 EJD (NC)

DETENTION ORDER

Hearing: October 20, 2017

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), the Government 

moved for detention of the defendant Alexander Martinez-Flores, and the Court on October 

20, 2017, held a detention hearing to determine whether any condition or combination of

conditions will reasonably assure the appearance of the defendant as required and the safety 

of any other person and the community. This order sets forth the Court’s findings of fact 

and conclusions of law as required by 18 U.S.C. § 3142(i). In conclusion, the Court finds 

that detention is warranted.

The defendant was present at the detention hearing, represented by his attorney 

Joshua Cohen. The Government was represented by Will Edelman, AUSA. The defendant 

was assisted by a Spanish-language certified interpreter. 

The defendant is charged by indictment in this District with one felony count of 
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conspiracy to commit extortion by force, in violation of 18 U.S.C. § 1951(a). The 

defendant is presumed innocent of the charge. See 18 U.S.C. § 3142(j).

The detention hearing was held publicly. Both parties were allowed an opportunity 

to call witnesses and to present evidence. Both parties presented their arguments by way of 

proffer through counsel. Both parties may appeal this detention order to the assigned trial 

judge, U.S. District Court Judge Davila.

I. PRESUMPTIONS

The charged offense does not create a presumption of detention. 

II. REBUTTAL OF PRESUMPTIONS

The defense has no burden to rebut in this case.

III. WRITTEN FINDINGS OF FACT AND STATEMENT OF REASONS

The Court has taken into account the factors set out in 18 U.S.C. § 3142(g) and all of 

the information submitted at the hearing and finds as follows. The Court adopts the facts set 

forth in the Pretrial Services Reports prepared October 19, supplemented by information 

presented at the hearing. The Court finds that the Government has established by more than 

clear and convincing evidence that the defendant poses a risk of danger to the community 

and that no combination of conditions can reasonably mitigate that risk. The Government 

proffered defendant’s membership in the MS13 gang, participation in 17 gang meetings 

including one that involved a physical attack on another person, possession of firearms and 

ammunition, and threats of violence against others. The Government also proffered that 

defendant committed a 2016 murder (which defendant denied through his counsel), but the 

scarcity of facts and corroborating information, and the lack of a formal charge, mean that 

the Court gave little weight to this allegation. Defendant’s background, when joined with 

the serious felony offense charged in this case, combine to create an untenable risk to the 

community. As to risk of non-appearance, the Court finds that the defendant presents a 

moderate risk (based on the charged offense conduct, his gang membership, and his 

substantial ties and travel outside the United States), but that a combination of conditions 

could be imposed to mitigate the risk.
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IV. DIRECTIONS REGARDING DETENTION

The defendant is committed to the custody of the Attorney General or his designated 

representative for confinement in a corrections facility separate, to the extent practicable,

from persons awaiting or serving sentences or being held in custody pending appeal. The 

defendant must be afforded a reasonable opportunity for private consultation with defense 

counsel. On order of a court of the United States or on the request of an attorney for the 

Government, the person in charge of the corrections facility must deliver the defendant to a

United States Marshal for the purpose of an appearance in connection with a court 

proceeding.

IT IS SO ORDERED. 

Date: October 20, 2017 _________________________ Nathanael M. Cousins

United States Magistrate Judge