United States District Court, N.D. California, San Jose Division
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
ORDER OF DETENTION OF DEFENDANT ISMAEL
HOWARD R. LLOYD United Sates Magistrate Judge
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.
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
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.
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).
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).
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 ...