Free Order of Detention - District Court of Arizona - Arizona

'A FILED _ LODGED
. RECEIVED gg
WO UNITED STATES DISTRICT COU TT — PY
DISTRICT OF ARIZONA ll! _•__i.i.;
CLERK
UNITED STATES oi= AMERICA D,STL§,§,DQ§[”,/,§Q§9U”i
v. ORDER or= DETE l%`l¤ow
Kevin Lorenzo Jose Case Number: CR-04-00605-001-PHX-MHIVI
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I conclude that the following facts
are Bstablishedi (Check one or both, as applicable.) \
X] by clear and convincing evidence the defendant is a danger to the community and require the detention of the defendant
pending trial in this case.
El by a preponderance of the evidence the defendant is a serious flight risk and require the detention of the defendant pending
trial in this case.
PART I -- FINDINGS OF FACT
I] (1) There is probable cause to believe that the defendant has committed
I:] 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.
[:1 an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332(b).
I:] an offense listed in 18 U.S.C. § 2332b(g)(5)(B) (Federal crimes of terrorism) for which a maximum term of
imprisonment often years or more is prescribed.
I:] an offense involving a minor victim prescribed in .‘
I:] (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.
Alternative Findings
P2 (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.
5 (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 obstructjustice) (threaten, injure, or intimidate
a prospective witness orjuror).
IH <4>
PART Il ·- WRITTEN STATEMENT OF REASONS FOR DETENTION
(Check one or both, as applicable.)
I] (1) I find that the credible testimony and information submitted at the hearing establish by clear and convincing evidence
as to danger that:
‘|nsert as applicable: Title 18, § 1201 (kidnaping), § 1591 (sex trafficking), § 2241 (aggravated sexual abuse), § 2242 (sexual abuse), § 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).
Case 2:04-cr-00605-I\/IHIVI Document 55 Filed 05/20/2008 Page 1 of 2

[:1 (2) I find by a preponderance of the evidence as to risk of flight that:
[1 The defendant has no significant contacts in the District of Arizona.
[:1 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.
I] The defendant has a prior criminal history.
I] There is a record of prior failure(s) to appear in court as ordered.
I] The defendant attempted to evade law enforcement contact by fleeing from law enforcement.
I] The defendant is facing a minimum mandatory of incarceration and a maximum of
[I The defendant does not dispute the information contained in the Pretrial Services Report, except:
E In addition:
The defendant submitted the issue of detention and is alleged to have violated his conditions of Sugervised Release.
The Court incorporates by reference the findings of the Pretrial Services Agency which were reviewed by the Court at the
time of the hearing in this matter.
PART lll -- 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. Pursuant to Rule 59(a), FED.R.CRIM.P., effective December 1, 2005, Defendant shall have ten (10) 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 in accordance with Rule 59(a) may waive the right to review. 59(a), FED.R.CRlM.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 Court to allow Pretrial Services an opportunity to interview and
investigate the potential third party custodian.
DBIGZ May 20, 2008
MICHELLE H. BURNS
United States Magistrate Judge
Page 2 of 2
Case 2:04-cr-00605-MHM Document 55 Filed 05/20/2008 Page 2 of 2

Case 2:04-cr-00605-MHM

Document 55

Filed 05/20/2008

Page 1 of 2

Case 2:04-cr-00605-MHM

Document 55

Filed 05/20/2008

Page 2 of 2