WO

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America

v.

Javier Antonio Velasquez-Rios

ORDER OF DETENTION PENDING TRIAL

Case Number: CR-15-01211-09-PHX-SPL

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

submitted to the Court. I have considered all the factors set forth in 18 U.S.C. § 3142(g). I 

conclude that the following facts are established: (Check one or both, as applicable.)

☐ by clear and convincing evidence the defendant is a danger to the community and 

detention of the defendant is required pending trial in this case.

☒ by a preponderance of the evidence the defendant is a flight risk and detention of the 

defendant is required pending trial in this case.

PART I -- FINDINGS OF FACT

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

☐ an offense for which a maximum term of imprisonment of ten years or more is 

prescribed in 21 U.S.C. §§ 801 et seq., 951 et seq., or 46 U.S.C. App. § 1901 et 

seq.

☐ an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332(b).

☐ an offense listed in 18 U.S.C. § 2332b(g)(5)(B) (Federal crimes of terrorism) for 

which a maximum term of imprisonment of ten years or more is prescribed.

☐ an offense involving a minor victim as set forth in 18 U.S.C. § 3142(e)(3)(E), 

specifically in 18 U.S.C. § ___________.

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☐ an offense for which a maximum term of imprisonment of 20 years or more is 

prescribed pursuant to 18 U.S.C. §§ 1581-1584, 1589-1591 (Slavery and Sex 

Trafficking).

☐ (2) The defendant has not rebutted the presumption established by Finding No. (1) 

that no condition or combination of conditions will reasonably assure the 

appearance of the defendant as required and the safety of the community or any 

person.

☐ (3) There is clear and convincing evidence that the defendant has been convicted of:

• a crime listed in 18 U.S.C. § 3142(f)(1); and

• the offense was committed while the defendant was on release pending trial 

for a Federal, State or local offense; and

• a period of not more than five (5) years has elapsed since the date of 

conviction, or the release of defendant from imprisonment for the offense 

listed in 18 U.S.C. § 3142(f)(1).

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Insert as applicable: Title 18, § 1201 (kidnapping), § 1591 (sex trafficking), § 2241 (aggravated sexual abuse), § 2242 (sexual abuse), 

§2244(a)(1) (abusive sexual contact), § 2245 (offenses resulting in death), § 2251 (sexual exploitation of children), § 2251A (selling or buying 

of children), § 2252 et seq. (certain activities relating to material involving sexual exploitation of minors), § 2252A et seq. (certain activities 

relating to material constituting or containing child pornography), § 2260 (production of sexually explicit depictions of minors for importation into 

the U.S.), § 2421 (transportation for prostitution or a criminal sexual activity offense), § 2422 (coercion or enticement for a criminal sexual 

activity), § 2423 (transportation of minors with intent to engage in criminal sexual activity), § 2425 (use of interstate facilities to transmit 

information about a minor).

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☐ (4) The defendant has not rebutted the presumption established by Finding No. (3) 

that no condition or combination of conditions will reasonably assure the safety of 

the community and any other person.

Alternative Findings

☒ (1) There is a serious risk that the defendant will flee; no condition or combination of 

conditions will reasonably assure the appearance of the defendant as required.

☐ (2) No condition or combination of conditions will reasonably assure the safety of 

others and the community.

☐ (3) There is a serious risk that the defendant will obstruct or attempt to obstruct justice; 

or threaten, injure, or intimidate a prospective witness or juror.

PART II -- WRITTEN STATEMENT OF REASONS FOR DETENTION

(Check as applicable.)

☐ (1) I find that the credible testimony and information submitted at the hearing 

establishes by clear and convincing evidence as to danger that:

☒ (2) I find by a preponderance of the evidence as to risk of flight that:

☒ The defendant has no significant contacts in the District of Arizona.

☒ The defendant has no resources in the United States from which he/she might 

make a bond reasonably calculated to assure his/her future appearance.

☒ The defendant has a prior criminal history.

☒ There is a record of prior failure to appear in court as ordered.

☐ The defendant attempted to evade law enforcement contact by fleeing from law 

enforcement.

☐ The defendant has a history of substance abuse.

☐ The defendant is facing a minimum mandatory of _____________ incarceration 

and a maximum of _____________.

☒ The defendant has ties to a foreign country.

☐ The defendant has used aliases or multiple dates of birth or false identifying 

information.

☐ The defendant was on probation, parole, or supervised release at the time of the 

alleged offense.

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☐ (3) The defendant does not dispute the information contained in the Pretrial Services 

Report, except:

☒ (4) The weight of the evidence against the defendant is great.

☐ (5) In addition:

☒ (6) The defendant has submitted the issue of detention to the Court based upon the 

Pretrial Services Report.

The Court incorporates by reference the findings in the Pretrial Services Report which were 

reviewed by the Court at the time of the hearing in this matter.

PART III -- DIRECTIONS REGARDING DETENTION

The defendant is committed to the custody of the Attorney General or his/her 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.

PART IV -- APPEALS AND THIRD PARTY RELEASE

IT IS ORDERED that should an appeal of this detention order be filed with the District Court, it 

is counsel's responsibility to deliver a copy of the motion for review/reconsideration to Pretrial 

Services at least one day prior to the hearing set before the District Judge. Pursuant to Rule 

59, FED.R.CRIM.P., Defendant shall have fourteen (14) days from the date of service of a copy 

of this order or after the oral order is stated on the record within which to file specific written 

objections with the District Court. Failure to timely file objections may waive the right to review. 

See Rule 59, FED.R.CRIM.P.

IT IS FURTHER ORDERED that if a release to a third party is to be considered, it is counsel's 

responsibility to notify Pretrial Services sufficiently in advance of the hearing before the District 

Judge to allow Pretrial Services an opportunity to interview and investigate the potential third 

party custodian.

Dated this 1

st day of February, 2022.

 Honorable Eileen S. Willett 

United States Magistrate Judge

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