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United States v. Alvarenga-Rivera

United States District Court, N.D. California, San Jose Division

March 9, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ISMAEL ALVARENGA-RIVERA, Defendant.

          BRIAN J. STRETCH (CABN 163973) United States Attorney BARBARA J. VALLIERE (DCBN 439353) Chief, Criminal Division JOSEPH M. ALIOTO JR. (CABN 215544) WILLIAM J. EDELMAN (CABN 285177) Assistant United States Attorneys Attorneys for United States of America

          ORDER OF DETENTION OF DEFENDANT ISMAEL ALVARENGA-RIVERA

          HON. HOWARD R. LLOYD United Sates Magistrate Judge

         The defendant Ismael Alvarenga-Rivera came before this Court on March 8, 2017, for a further detention hearing. The matter had been continued from a previous detention hearing held before the Honorable Susan van Keulen, Magistrate Judge, on February 24, 2017. On both dates, the defendant was present and represented by his counsel, Vicki Young, and assisted by a Spanish-language interpreter. Assistant United States Attorney William J. Edelman represented the United States.

         The 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. Pretrial Services submitted a report recommending release on conditions.

         Upon consideration of the Pretrial Services report, the court file, and the party proffers as discussed below, the Court finds on the present record by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of the community, and also finds by a preponderance of the evidence that no condition or combination of conditions would assure the defendant's appearance. The Court orders the defendant detained.

         The present order supplements the Court's findings at the detention hearing and serves as written findings of fact and statement of reasons as required by 18 U.S.C. § 3142(i).

         The 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 release.

18 U.S.C. §3142(g).

         Defendant Ismael Alvarenga Rivera is charged in an indictment with a violation of Title 18, United States Code, Section 1951(a)-Conspiracy to Commit Extortion by Force. The government's proffer included the following:

• The pending indictment arises out of a multi-year investigation of an MS-13 gang clique operating in the Santa Cruz area. MS-13 is a notoriously violent street gang that prides itself and operates based on its reputation for violence. The government's investigation includes surreptitious records of the defendant and fellow ...

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