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United States of America v. Steven Martinez

March 19, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
STEVEN MARTINEZ,
DEFENDANT.



The opinion of the court was delivered by: The Honorable Mitchell D. Dembin United States Magistrate Judge Southern District of California

FINDINGS OF FACT, REVOCATION OF BOND, AND ORDER OF DETENTION PURSUANT TO 18 U.S.C. § 3148

In accordance with 18 U.S.C. § 3148 of the Bail Reform Act of 1984 (18 U.S.C. § 3141 et seq.), this Court conducted a bond hearing on March 15, 2012 to determine whether defendant STEVEN MARTINEZ (the "Defendant") should be held in custody pending trial, on the grounds that he violated his pretrial release conditions, is a flight risk and poses a danger to the community. Assistant U.S. Attorney Joseph J.M. Orabona appeared on behalf of the United States. Attorney David Demergian appeared on behalf of the Defendant.

Based on the Superseding Indictment in Criminal Case No. 11CR1445-WQH, the evidence proffered by the United States and by the Defendant, the Pretrial Services Report, and the Complaint and Affidavit in Magistrate Case No. 12MJ0767, the Court concludes that the following facts establish by a preponderance of the evidence (with respect to risk of flight) and by clear and convincing evidence (with respect to danger to the community) that no condition or combination of conditions will reasonably assure the appearance of Defendant as required:

I

THE LAW GENERALLY

A. In accordance with 18 U.S.C. § 3148, a person who has been released under 18 U.S.C. § 3142 and who violates a condition of release is subject to revocation of release and an order of detention. See 18 U.S.C. § 3148(a).

B. After a hearing, the judicial officer shall enter an order of revocation and detention if the officer finds that there is (1)(A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or (B) clear and convincing evidence that the person has violated any other condition of release; and (2)(A) based on the factors set forth in § 3142(g), there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or (B) the person is unlikely to abide by any condition or combination of conditions of release. See 18 U.S.C. § 3148(b).

C. Further, if there is probable cause to believe that, while on release, the person committed a Federal, State, or local felony, a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. See 18 U.S.C. § 3148(b)(2)(B).

II

FINDINGS OF FACT

A. Nature and Circumstances of the Offenses Charged

1. On April 14, 2011, Defendant was charged in a 49-count Indictment in Criminal Case No. 11CR1445-WQH with: (1) 6 counts of Mail Fraud (18 U.S.C. § 1341); (2) 14 counts of Procuring a False Tax Return (26 U.S.C. § 7206(2)); (3) 12 counts of Social Security Fraud (42 U.S.C. § 408(a)(8)); (4) 12 counts of Aggravated Identity Theft (18 U.S.C. § 1028A); (5) 4 counts of Making a False Tax Return (26 U.S.C. § 7206(1)); (6) 1 count of Money Laundering (18 U.S.C. § 1957); and (7) Criminal Forfeiture. 2. On April 21, 2011, Defendant was released following the posting of a $350,000 property bond. Defendant signed the Advice of Penalties and Sanctions Form.

2. On March 2, 2012, Defendant, while on pretrial release, was arrested and charged, in Magistrate Case No. 12MJ0767, with Witness Tampering, in violation of 18 U.S.C. § 1512(a)(1)(A).

3. On March 9, 2012, Defendant was charged in a 55-count Superseding Indictment in Criminal Case No. 11CR1445-WQH with: (1) 6 counts of Mail Fraud (18 U.S.C. § 1341); (2) 14 counts of Procuring a False Tax Return (26 U.S.C. § 7206(2)); (3) 12 counts of Social Security Fraud (42 U.S.C. § 408(a)(8)); (4) 12 counts of Aggravated Identity Theft (18 U.S.C. § 1028A); (5) 4 counts ...


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