UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 07-mj-82-01-JM

Job Ernesto Saenz

ORDER OF FINDING PROBABLE CAUSE AND

OF DETENTION PENDING TRIAL

Agent Young’s testimony, together with the ATF form

establish probable cause. In accordance with Section 3142(f) of

the Bail Reform Act, 18 U.S.C. §§ 3141 et seq., a hearing was

conducted on October 12, 2007, for the purpose of determining

whether to detain defendant, Job Ernesto Saenz, who has been

charged with knowingly making a false statement on a firearms

form. 

Under 18 U.S.C. § 3142(f)(2), a court, in making a

determination regarding detention, must evaluate the risk of the

defendant’s flight or the risk that he will obstruct justice or

intimidate or threaten a witness or juror. 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,

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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

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. 

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

believe that the offenses charged have been committed and that

the defendant has committed them. 

Here, I find that the government has met its burden with

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regard to risk of flight. Specifically, in this crime

defendant’s fraudulent statements on the ATF form served to get

him an AK-47, five loaded 30 round magazines and a total of 696

rounds, all concealed in his car. Other than a temporary job

here, he has no New Hampshire ties. He is in the country

illegally and all of his relatives are in Mexico. His use of

false documents, lies of citizenship and access to weapons

demonstrate a risk of flight. 

I am satisfied from the representations and documents

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

RISK OF FLIGHT OR 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

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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.

SO ORDERED.

______________________________

James R. Muirhead

United States Magistrate Judge

Date: October 12, 2007

cc: Mark S. Zuckerman, Esq.

 U.S. Marshal

 U.S. Probation

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