Opinion
Case No. CR13-95-JCC
04-05-2013
DETENTION ORDER
Offense charged:
Hate Crime. Date of Detention Hearing: April 5, 2013.
The Court, having conducted a detention hearing pursuant to Title 18 U.S.C. § 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which the defendant can meet will reasonably assure the appearance of the defendant as required and the safety of any other person and the community.
FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION
Defendant has a lengthy criminal history that includes crimes of violence, failing to appear for court appearances, and failing to abide by court orders. He has abused alcohol for years and despite treatment has not been able to control his drinking. The current charges allege that while intoxicated defendant assaulted the alleged victim.
It is therefore ORDERED:
(1) Defendant shall be detained pending trial and committed to the custody of the Attorney General for confinement in a correctional facility separate, to the extent practicable, from persons awaiting or serving sentences, or being held in custody pending appeal;
(2) Defendant shall be afforded reasonable opportunity for private consultation with counsel;
(3) On order of a court of the United States or on request of an attorney for the Government, the person in charge of the correctional facility in which Defendant is confined shall deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding; and
(4) The Clerk shall direct copies of this order to counsel for the United States, to counsel for the defendant, to the United States Marshal, and to the United States Pretrial Services Officer.
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BRIAN A. TSUCHIDA
United States Magistrate Judge