WO 

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA 

 United States of America 

 v. 

 Nestor Martinez-Penuelas

ORDER OF DETENTION PENDING TRIAL 

Case Number: 15-6283MJ

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

July 15, 2015. Defendant was present and was represented by counsel. I conclude by a 

preponderance of the evidence the defendant is a flight risk and order the detention of the 

defendant pending trial in this case. 

FINDINGS OF FACT

I find by a preponderance of the evidence that: 

☒ The defendant is not a citizen of the United States or lawfully admitted for permanent residence. 

☒ The defendant, at the time of the charged offense, was in the United States illegally. ☒ If released herein, the defendant faces removal proceedings by the Bureau of Immigration and Customs Enforcement, placing him/her beyond the jurisdiction of this Court. 

☐ The defendant has no significant contacts in the United States or 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. ☐ The defendant lives/works in Mexico. 

☐ The defendant is an amnesty applicant but has no substantial ties in Arizona or in 

the United States and has substantial family ties to Mexico. ☐ There is a record of the defendant using numerous aliases. ☐ The defendant attempted to evade law enforcement contact by fleeing from law enforcement. 

☐ The defendant is facing a maximum of years imprisonment. 

 The Court incorporates by reference the material findings in the Pretrial Services 

Report which were reviewed by the Court at the time of the hearing in this matter, except as 

noted in the record. 

CONCLUSIONS OF LAW

 

1. There is a serious risk that the defendant will flee. 

2. No condition or combination of conditions will reasonably assure the appearance 

of the defendant as required. 

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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. 

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. 

 

 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 Court to allow Pretrial Services an opportunity to interview and investigate the 

potential third party custodian. 

 Dated this 16th day of July, 2015. 

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