United States District Court, N.D. California, San Francisco Division
J. STRETCH (CABN 163973) United States Attorney DAVID R.
CALLAWAY (CABN 121782) Chief, Criminal Division WILLIAM J.
EDELMAN (CABN 285177) Special Assistant United States
Attorney Attorneys for United States of America
[PROPOSED] ORDER OF DETENTION
OF DEFENDANT ANTHONY RICE
SALLIE KIM United States Magistrate Judge
defendant Anthony Rice came before this Court on July 29,
2016, for a detention hearing. The defendant was present and
represented by his counsel, Assistant Federal Public Defender
Elizabeth Falk. Special Assistant United States Attorney
William J. Edelman represented the United States.
government requested detention, submitting that no condition
or combination of conditions would assure the
defendant’s appearance or reasonably assure the safety
of the community.
Services submitted a report recommending detention.
consideration of the Pretrial Services report, the court
file, and the parties’ proffers as discussed below, the
Court finds by clear and convincing evidence that no
condition or combination of conditions will reasonably assure
the safety of the community, and the Court also finds on the
present record by a preponderance of the evidence that no
condition or combination of conditions would assure the
defendant’s appearance. The Court orders the defendant
present order supplements the Court’s findings at the
detention hearing and serves as a written findings of fact
and statement of reasons as required by 18 U.S.C. §
Bail Reform Act of 1984, 18 U.S.C. §§ 3141-3150,
sets forth the factors which the Court must consider in
determining whether pretrial detention is warranted. In
coming to its decision, the Court has considered those
factors, paraphrased below:
(1) the nature and seriousness of the offense charged;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person including,
among other considerations, employment, past conduct and
criminal history, and records of court appearances; and
(4) the nature and seriousness of the danger to any person or
the community that would be posed by the person’s
18 U.S.C. § 3142(g).
Anthony Rice was originally appeared before the Court on a
complaint alleging violations of 18 U.S.C. § 2114(a)
(robbery of mail) and 18 U.S.C. § 1708 (theft of mail),
and on July 26, 2016 waived his right to indictment and was
arraigned on an Information charging him with a single count
of mail theft in violation of 18 U.S.C. § 1708. The