United States District Court, N.D. California, San Jose Division
J. STRETCH United States Attorney BARBARA J. VALLIERE Chief,
Criminal Division CHRISTOPHER D. VIEIRA Special Assistant
United States Attorney, Attorneys for United States of
[PROPOSED] ORDER OF DETENTION
OF DEFENDANT MARIO CESAR CARDENAS
HOWARD R. LLOYD United States Magistrate Judge
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.
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.
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.
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).
Mario Cesar Cardenas is charged in an indictment with a
violation of Title 8, United states Code, Section ...