UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, Case No. 09-MJ-30048

Plaintiff, Sean F. Cox

United States District Judge

vs.

Michael Hluchaniuk

JOSE MANUEL CIGARRERO-JAVANA, United States Magistrate Judge 

Defendant.

 /

ORDER OF DETENTION PENDING TRIAL

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

hearing was held on February 5, 2009. I conclude that the following facts require

the detention of the defendant pending trial in this case.

Part I-Findings of Fact

(1) There is probable cause to believe that the defendant has committed

the offense charged in the complaint.

(2) Based on the factors in 18 U.S.C. § 3142(g), there are no conditions

or combination of conditions that will reasonably assure the

appearance of the defendant as required.

Part II – Written Statement of Reasons for Detention

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I find that the credible information submitted at the hearing establishes by a

preponderance of the evidence that detention is appropriate in this matter. The

information presented at the hearing and as outlined in the criminal complaint

indicates that the defendant is a citizen and national of Mexico who is currently

living in the Owosso, Michigan area. As outlined in the complaint, the defendant

has been deported back to Mexico on three separate occasions, and has

subsequently re-entered the United States illegally. Further information presented

by the Pretrial Officer reveals that the defendant currently has an outstanding

felony warrant pending against him in Minnesota since 2003. The position taken

by defendant’s counsel in this matter is that the defendant does not pose a risk of

flight based upon his continued re-entry into the United States and desire to remain

in this country where he claims to have children. However, as noted by the Pretrial

Officer, the defendant has used an alias, and a different date of birth on more than

one occasion when confronted by law enforcement authorities. It also appears that

the defendant does not have a permanent residence within this district.

18 U.S.C. § 3142(g) outlines factors to be considered whether there are

conditions of release which will reasonably assure the appearance of the defendant. 

Among those are the weight of the evidence against the defendant, the persons

family ties, past conduct, and criminal conduct. Based upon the information

presented at the hearing, I find that the defendant has exhibited a strong inclination

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to not follow court orders by his continued re-entry into the United States after

having been ordered removed back to Mexico. His prior criminal history, as

outlined in the complaint affidavit, and his use of an alias as well as a false date of

birth is indicative of a pattern of illegal conduct. For the foregoing reasons I find

that the defendant poses a risk of flight should he be released on bond. The

defendant shall be detained without bond pending trial in this matter. 

Part III – 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 shall be afforded a reasonable opportunity

for private consultation with defense counsel. 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 shall deliver the defendant to the United States Marshal for the

purpose of an appearance in connection with a court proceeding.

Date: February 6, 2009 s/Michael Hluchaniuk 

Michael Hluchaniuk

United States Magistrate Judge

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CERTIFICATE OF SERVICE

I hereby certify that on February 6, 2009, I electronically filed the foregoing

paper with the Clerk of the Court using the ECF system which will send electronic

notification to the following: Barbara C. Tanase, AUSA, and I hereby certify that I

have mailed by United States Postal Service/hand-delivered the paper to the

following non-ECF participants: David I. Megdell, 503 S. Saginaw St., Ste. 739,

Flint, MI 48502, Pretrial Services Agency and the United States Marshal’s Service.

s/James P. Peltier 

Courtroom Deputy Clerk

U.S. District Court

600 Church Street

Flint, MI 48502

(810) 341-7850

pete_peltier@mied.uscourts.gov

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