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United States v. Garivay

United States District Court, Ninth Circuit

July 23, 2013

United States of America, Plaintiff,
v.
Carolina Garivay, Defendant.

ORDER OF DETENTION

LAWRENCE O. ANDERSON, District Judge.

In accordance with Title 18 U.S.C. § 3142 of the Bail Reform Act, a detention hearing was held in the above-captioned matter. The Court finds that the Government has established: (Check one or both, as applicable)

[] by clear and convincing evidence, Defendant is a danger to the community and shall be detained pending trial.

[X] by a preponderance of the evidence, Defendant is a serious flight risk and shall be detained pending trial.

PART I - FINDINGS OF FACT

[X] (1) There is probable cause to believe that Defendant has committed the following:

[X] an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. §§ 841(a)(1), 952, and 963.

[] an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332(b).

[] an offense listed in 18 U.S.C. § 2332b(g)(5)(B) (crimes of terrorism) for which a maximum term of imprisonment of ten years or more is prescribed.

[] an offense involving a minor victim prescribed in ________________________.

[X] (2) Defendant has not rebutted the presumption established by finding (1) that no condition or combination of conditions will reasonably assure Defendant's appearance as required at future court proceedings.

Alternative Findings

[X] (1) There is a serious risk that Defendant will flee and no condition or combination of conditions will reasonably assure Defendant's appearance as required at future court proceedings.

[] (2) No condition or combination of conditions will reasonably assure the safety of the community or others if ...


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