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United States v. Lainez

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

September 3, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
WILMER LAINEZ, Defendant.

          DAVID L. ANDERSON United States Attorney HALLIE HOFFMAN Chief, Criminal Division LINA PENG Assistant United States Attorney Attorneys for United States of America

          [PROPOSED] ORDER DETAINING DEFENDANT PRIOR TO TRIAL

          Hon. Thomas S. Hixson United States Magistrate Judge.

         On August 22, 2019, an Indictment was filed in the Northern District of California charging the defendant, Wilmer Lainez, with one count of violating Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) - Possession with Intent to Distribute Fentanyl. The defendant made his initial appearance and was arraigned on his Indictment in the Northern District of California on August 26, 2019, and the Court held a detention hearing on August 28, 2019.

         At the detention hearing, the defendant was present and represented by Assistant Federal Public Defender Sophia Whiting. A United States Pretrial Services Agency Officer was also present at the hearing. Pretrial Services submitted a report that recommended detention on the grounds of risk of non-appearance and danger to the community. The government moved for detention, and the defendant opposed. The parties submitted proffers and arguments.

         Upon consideration of the court file and the parties' proffers at the detention hearing, the Court finds by a preponderance of the evidence that no combination of conditions will reasonably assure the defendant's appearance as required and by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of the community. Accordingly, the Court orders the defendant detained pending trial.

         This Order supplements the Court's findings at the detention hearing and serves as written findings of fact and statement of reasons as required by Title 18, United States Code, Section 3142(i).

         The Bail Reform Act of 1984 sets forth the factors 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, ties to the community, employment, past conduct and criminal history, and record 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.

See 18 U.S.C. § 3142(g).

         After considering all of the facts and proffers presented at the hearing, including the information contained in the Pretrial Services report, the Court finds, by a preponderance of the evidence, that no condition or combination of conditions will reasonably assure the defendant's appearance as required and, by clear and convincing evidence, that no condition or combination of conditions will reasonably assure the safety of the community, including because of: (1) the defendant's history and characteristics, including that he is a Honduran national without legal status in the United States, he has been previously deported from the United States, he has significant family ties to Honduras including that his mother, father and siblings live there, and he appears to have limited ties to the Northern District of California; (2) the nature and circumstances of the offense charged, including that the defendant is facing a serious federal charge for possession with intent to distribute fentanyl; (3) the defendant's criminal history, including ...


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