UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. 08-mj-63-SM

Jacob Silva

ORDER OF DETENTION PENDING TRIAL

In accordance with Section 3142(f) of the Bail Reform Act,

18 U.S.C. §§ 3141 et seq., a hearing was conducted on June 24,

2008, for the purpose of determining whether to detain defendant,

Jacob Silva, who has been charged in a complaint with production

of child pornography in violation of 18 U.S.C. § 2251(a).

Under 18 U.S.C. § 3142(b), a court, in making a

determination regarding detention, must evaluate the risk of the

defendant’s flight, the risk to the safety of any other person,

and the risk to the safety of the community. In circumstances

when detention is not mandated by the court, the court is

nonetheless empowered to impose conditions on release. 18 U.S.C.

§ 3142(c). 

Pursuant to the provisions of 18 U.S.C. § 3142(g) a court,

in assessing the risks noted in 18 U.S.C. § 3142(b), shall

consider the following: (1) the nature and circumstances of the

offense charged; (2) the weight of the evidence as to guilt; 

(3) the history and characteristics of the accused, including

Case 1:08-cr-00075-JD Document 6 Filed 06/27/08 Page 1 of 4
2

family ties, past history, financial resources and employment;

and (4) the nature and seriousness of the danger to any person or

the community that would be posed by a release.

During the course of a hearing conducted pursuant to 18

U.S.C. § 3142, the government typically retains the burden of

persuading the court that “‘no condition or combination of

conditions will reasonably assure’ the defendant’s presence at

trial.” United States v. Perez-Franco, 839 F.2d 867, 870 (1st

Cir. 1988)(quoting United States v. Palmer-Contreras, 835 F.2d

15, 17-18 (1st Cir. 1987)); United States v. Patriarca, 948 F.2d

789, 793 (1st Cir. 1991). For its part, the government is

required to offer a preponderance of the evidence to prove risk

of flight. See Patriarca, 948 F.2d at 792-93. Facts necessary

to find that no combination will reasonably assure the safety of

any person and the community require satisfaction of the “clear

and convincing” standard. 18 U.S.C. § 3142(f)(2). 

In the case at hand, I have found probable cause to believe

that the offense charged has been committed and that the

defendant has committed it. 

Here, I find that while the defendant does not pose a

serious risk of flight, he does pose a danger to the community. 

Specifically, the presumption in favor of detention in this case

(18 U.S.C. § 3142(d)) has not been rebutted; the evidence of

guilt is compelling; defendant appears to have been involved with

Case 1:08-cr-00075-JD Document 6 Filed 06/27/08 Page 2 of 4
3

multiple minor victims; and it does not appear that any condition

or combination of conditions of release would adequately assure

the safety of minors in the community.

I am satisfied from the representations offered during the

hearing that no condition or combination of conditions will

reasonably assure the safety of the community. 

Upon full consideration of the arguments offered by the

government and defense, I am satisfied that the defendant poses a

danger to the community.

Accordingly, it is ORDERED that the defendant be detained

pending trial. 

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.

Case 1:08-cr-00075-JD Document 6 Filed 06/27/08 Page 3 of 4
4

SO ORDERED.

______________________________

Steven J. McAuliffe

United States District Judge

June 27, 2008

cc: Helen w. Fitzgibbon, Esq., AUSA

Peter D. Anderson, Esq.

U.S. Marshal

U.S. Probation

Case 1:08-cr-00075-JD Document 6 Filed 06/27/08 Page 4 of 4