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United States v. Lopez

United States District Court, Ninth Circuit

November 26, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
Daniel Lopez, Defendant.

ORDER OF PRETRIAL DETENTION 18 U.S.C. §§ 3142(e), (i))

SHERI PYM, Magistrate Judge.

I.

A. (X) On motion of the Government in a case that involves:

1. () a crime of violence, a violation of 18 U.S.C. § 1591, or an offense listed in 18 U.S.C. § 2332b(g)(5)(B) for which a maximum term of imprisonment of ten years or more is prescribed.
2. () an offense for which the maximum sentence is life imprisonment or death.
3. () an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act, the Controlled Substances Import and Export Act, or the Maritime Drug Law Enforcement Act.
4. () any felony if defendant has been convicted of two or more offenses described above, two or more state or local offenses that would have been offenses described above if a circumstance giving rise to federal jurisdiction had existed, or a combination of such offenses.
5. (X) any felony that is not otherwise a crime of violence that involves a minor victim, or that involves possession or use of a firearm or destructive device or any other dangerous weapon, or that involves a failure to register under 18 U.S.C § 2250.

B. On motion (X) by the Government / () of the Court sua sponte in a case that involves:

1. (X) a serious risk defendant will flee.
2. () a serious risk defendant will:
a. () obstruct or attempt to obstruct justice.
b. () threaten, injure or intimidate a prospective witness or juror, or attempt to do so.

C. The Government () is (X) is not entitled to a rebuttable presumption that no condition or combination of conditions will reasonably assure defendant's appearance as required ...


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