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United States v. Caperon

June 20, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
VICTOR CAPERON, DEFENDANT.



The opinion of the court was delivered by: The Honorable Ruben B. Brooks United States Magistrate Judge

FINDINGS OF FACT AND ORDER OF DETENTION

In accordance with § 3142(f) of the Bail Reform Act of 1984 (18 U.S.C. § 3141 et seq.), this Court conducted a detention hearing on June 18, 2008, to determine whether Victor Caperon ("the defendant") should be held in custody pending trial, on the grounds that he is a flight risk. Assistant U.S. Attorney Rebecca Kanter appeared on behalf of the United States. Attorney Erick Guzman appeared on behalf of the defendant.

Based on the evidence proffered by the United States and by the defendant, the Pretrial Services Report, and the Indictment, the Court concludes that the following facts establish by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required.

I. FINDINGS OF FACT

A. Nature and Circumstances of the Offense Charged (18 U.S.C.§ 3142(g)(1))

1. Victor Caperon is charged in the Southern District of California in Criminal with one count of Escape in violation of Title 18, United States Code Sections 751(a) and 4082(a).

2. The nature of the charged offense is escape, therefore this factor weighs in favor of detention.

B. Weight of the Evidence Against the Defendant (18 U.S.C.§ 3142(g)(2))

While admittedly the least important factor, the Court finds based on the indictment filed in the Southern District of California that probable cause exists that the defendant committed the instant offense and this factor weighs in favor of detention.

C. History and Characteristics of the Defendant (18 U.S.C.§ 3142(g)(3))

1. There is some adverse information regarding the defendant's character, including the fact that his prior criminal conduct put his wife's family's Section 8 housing in jeopardy. Therefore, this factor weighs in favor of detention;

... 2 Although the defendant has a broken ankle, this factor does not necessarily weigh in favor or against the defendant and is regarded as neutral by the Court;

3. Because the defendant has some family ties in this community, including his wife, child and mother-in-law, this factor weighs in favor of setting bail;

4. Because the defendant no stable employment to act as an anchor in the community, this factor ...


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