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United States v. Cardenas

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

June 19, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MARIO CESAR CARDENAS, Defendant.

          BRIAN J. STRETCH United States Attorney BARBARA J. VALLIERE Chief, Criminal Division CHRISTOPHER D. VIEIRA Special Assistant United States Attorney, Attorneys for United States of America

          [PROPOSED] ORDER OF DETENTION OF DEFENDANT MARIO CESAR CARDENAS

          HON. HOWARD R. LLOYD United States Magistrate Judge

         The defendant, Mario Cesar Cardenas, came before the Court on June 16, 2017, for a detention hearing. The defendant was present and represented by his counsel, Assistant Federal Public Defender Rita Bosworth, and assisted by a Spanish-language interpreter. Special Assistant United States Attorney Christopher Vieira represented the United States.

         The government requested detention, submitting that no condition or combination of conditions would assure the defendant's appearance at future proceedings. Pretrial Services submitted a report recommending detention on the basis that the defendant is a flight risk.

         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 a preponderance of the evidence that no condition or combination of conditions would assure the defendant's future 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 Mario Cesar Cardenas is charged in an indictment with a violation of Title 8, United states Code, Section ...


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