UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA – FLAGSTAFF 

January 22, 2016 

United States of America 

v. 

Tanya Marie Silva 

Case Number: CR-16-00048-002-PHX-SPL

ORDER OF DETENTION PENDING TRIAL

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

☐ a drug 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 prescribed in .

☐ 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 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. 

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. 

☐ (4) 

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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 insufficient 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(s) to appear in court as ordered. 

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

☒ The defendant is facing a maximum of 15 years incarceration. 

☒ The defendant does not dispute the information contained in the Pretrial Services Report, except: 

Defendant disagrees with the Pretrial Services Report statement that she stated that she has adoptive 

children. Defendant asserts that she does not have any adoptive children. 

☒ In addition: 

 The Court incorporates by reference the unopposed facts in the Pretrial Services Report. Defendant has 

extensively used an alias name, including with law enforcement and the detention hearing witness. There is a 

warrant in California for Defendant. Defendant was aware of the warrant for her in California and avoided that 

jurisdiction. Corroborating persons for the pretrial report information did not include any family or longer term 

friends. Defendant’s methamphetamine and alcohol use contribute to her risk of flight. 

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 Court. 

 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 Court to allow Pretrial 

Services an opportunity to interview and investigate the potential third party custodian. 

 

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Dated this 22nd day of January, 2016. 

Honorable Deborah M. Fine

United States Magistrate Judge

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