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United States of America v. David C. Jacquot

February 21, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
DAVID C. JACQUOT, DEFENDANT.



The opinion of the court was delivered by: Hayes, Judge:

ORDER

The matter before the Court is the second motion for reconsideration of detention order and for setting of bail filed by the Defendant David Jacquot. (ECF No. 315).

BACKGROUND FACTS

On August 16, 2010, the Defendant was arraigned on three counts of Transportation of a Minor to Engage in Criminal Sexual Activity in violation of Title 18, United States Code, Section 2423(a). At that time, the Defendant was currently awaiting trial on a two count indictment alleging False Statements in Tax Returns in violation of Title 26, United States Code, Section 7206(1) in Case No. 08cr1171-WQH. The Government moved to detain the Defendant pending trial pursuant to 18 U.S.C. § 3142(e) on the grounds that no condition or combination of conditions will reasonably assure his appearance as required and the safety of any other person and the community.

On August 18, 2010, after a full hearing, Magistrate Judge Victor Bianchini ordered the Defendant detained pending trial pursuant to 18 U.S.C. § 3142(e). The Magistrate Judge found that a rebuttal presumption arises under Section 3142(e)(3)(E) that no condition or combination of conditions will reasonably assure the appearance of the Defendant or the safety of the community. The Magistrate Judge relied upon the weight of the evidence against the Defendant, as well as the history and characteristics of the Defendant. The Magistrate Judge found that there was probable cause to believe that the Defendant committed the offense of transportation of a minor with intent to commit criminal sexual activity, that the Defendant has strong motive to flee, and that no condition or combination of conditions will reasonably assure the Defendant's appearance as required.

On September 2, 2010, United States District Court Judge Whelan conducted a detention hearing, upon appeal of the detention order of the Magistrate Judge. Judge Whelan considered evidence and argument, the transcript of the hearing before the Magistrate Judge, the transcript of the detention hearing on May 26, 2010 in Case No. 08cr1171-WQH, the report prepared by United States Pretrial Services recommending detention, and the detention order by the Magistrate Judge. Judge Whelan found that the nature and severity of the offenses favor detention, that there was probable cause to believe that the Defendant committed the charged offenses, and that Defendant's character was a neutral factor. Judge Whelan made an independent determination that no condition or combination of conditions will reasonably assure his appearance as required and affirmed the detention order issued by the Magistrate Judge.

Defendant appealed the order of detention to the Court of Appeals for the Ninth Circuit. On October 12, 2010, the Court of Appeals for the Ninth Circuit affirmed the detention order finding that "[t]he district court correctly found that the government met its burden of showing, by a preponderance of the evidence, that 'no condition or combination of conditions will reasonably assure the [defendant's] appearance,' 18 U.S.C. § 3142(e), and that appellant therefore poses a risk of flight." (ECF No. 29).

On November 1, 2010, the Court set trial for December 7, 2010.

On November 18, 2010, Defense Counsel made an oral motion for a competency evaluation. On November 22, 2010, the Court entered an order for psychiatric mental competency exam.

On January 3, 2011, the Court held a status hearing regarding Defendant's competency. On January 24, 2011, the Court held a status hearing regarding Defendant's competency. After receiving the competency report, Defendant requested a competency hearing. On March 3, 2011 and March 11, 2011, this Court held hearings and heard testimony and received exhibits regarding the Defendant's competency to stand trial.

On March 29, 2011, this Court found by a preponderance of the evidence that the Defendant was able to understand the nature and consequences of the proceedings against him and able to assist properly in his defense. See 18 U.S.C. § 4241(e). The trial was scheduled for August 16, 2011 in order to give the Defendant adequate time to prepare.

On April 15, 2011, Defendant filed a motion for reconsideration of the detention order and for setting bail.

On April 29, 2011, the Court entered an order denying Defendant's motion for reconsideration of the detention order. The Court stated: "[t]he Government has met its burden of showing, by a preponderance of the evidence, that no condition or combination of conditions will reasonably assure the defendant's appearance pursuant to 18 U.S.C. § 3142(e) and no material information supports reconsideration of the detention order. This Court affirms the Detention Order filed on August 19, 2010 by the Magistrate Judge, affirmed by Judge Whelan, and affirmed by the Court of Appeals." (ECF No. 108).

On July 28, 2011, the Court set the trial date to October 18, 2011, with the agreement of the Defendant in order to resolve ...


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