Free Order of Detention - District Court of California - California

Case 3:08-mj-02320-RBB

Document 11

Filed 08/26/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08-MJ-2320-RBB v. EDWARD LORENZO STONE, Defendant. UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Criminal Case No. 08-MJ-2320-RBB UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ORDER OF DETENTION ON DEFENDANT'S WAIVER OF BAIL PENDING TRIAL

In accordance with the Bail Reform Act of 1984, 18 U.S.C. § 3142(f), a detention hearing was set for August 26, 2008, to determine whether Edward Lorenzo Stone (the "Defendant") should be held in custody pending trial, on the grounds that Defendant is a flight risk. Assistant U.S. Attorney Shireen M. Becker appeared on behalf of the United States; Robert A. Garcia appeared on behalf of the Defendant. At the August 26, 2008 hearing, Defendant knowingly and voluntarily waived his right, on the record and in the presence of counsel, to the setting of bail and a detention hearing. Based on the waiver, the Court orders that Defendant be detained pending trial and, if convicted, sentencing in these matters, without prejudice or waiver of the Defendant's right to later apply for bail and conditions of release, and without prejudice or a waiver of the right of the United States to seek detention in the event of an application by Defendant for such relief.

Case 3:08-mj-02320-RBB

Document 11

Filed 08/26/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Prepared by: /s/ Shireen M. Becker SHIREEN M. BECKER Assistant U.S. Attorney

ORDER IT IS HEREBY ORDERED that the Defendant be detained pending trial and, if convicted, sentencing in these matters. IT IS FURTHER ORDERED that Defendant be committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentence or being held in custody pending appeal. Defendant shall be afforded reasonable opportunity for private consultation with counsel. While in custody, upon order of a court of the United States or upon the request of an attorney for the United States, the person in charge of the correctional facility shall deliver the Defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding or any other appearance stipulated to by defense and government counsel. This order is made without prejudice to modification by this Court and without prejudice to the Defendant's exercise of his right to bail and a detention hearing at a future date. IT IS SO ORDERED. DATED: August 26, 2008 THE HONORABLE RUBEN B. BROOKS United States Magistrate Judge United States District Court for the Southern District of California

08-MJ-2320-RBB