Free Findings of Fact - District Court of California - California

Case 3:07-cr-03029-BTM

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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 In accordance with § 3142(f) of the Bail Reform Act of 1984 (18 U.S.C. § 3141 et seq.), this Court conducted a detention hearing on June 18, 2008, to determine whether Victor Caperon ("the defendant") should be held in custody pending trial, on the grounds that he is a flight risk. Assistant U.S. Attorney Rebecca Kanter appeared on behalf of the United States. Attorney Erick Guzman appeared on behalf of the defendant. Based on the evidence proffered by the United States and by the defendant, the Pretrial Services Report, and the Indictment, the Court concludes that the following facts establish by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required. // // // // v. VICTOR CAPERON, Defendant.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff, Criminal Case No. 07CR3029-BTM FINDINGS OF FACT AND ORDER OF DETENTION

Case 3:07-cr-03029-BTM

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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 A. 1.

I. FINDINGS OF FACT Nature and Circumstances of the Offense Charged (18 U.S.C.§ 3142(g)(1)) Victor Caperon is charged in the Southern District of California in Criminal with

one count of Escape in violation of Title 18, United States Code Sections 751(a) and 4082(a). 2. of detention. B. Weight of the Evidence Against the Defendant (18 U.S.C.§ 3142(g)(2)) The nature of the charged offense is escape, therefore this factor weighs in favor

While admittedly the least important factor, the Court finds based on the indictment filed in the Southern District of California that probable cause exists that the defendant committed the instant offense and this factor weighs in favor of detention. C. 1. History and Characteristics of the Defendant (18 U.S.C.§ 3142(g)(3)) There is some adverse information regarding the defendant's character, including

the fact that his prior criminal conduct put his wife's family's Section 8 housing in jeopardy. Therefore, this factor weighs in favor of detention; ... 2 Although the defendant has a broken ankle, this factor does not necessarily weigh

in favor or against the defendant and is regarded as neutral by the Court; 3. Because the defendant has some family ties in this community, including his wife,

child and mother-in-law, this factor weighs in favor of setting bail; 4. Because the defendant no stable employment to act as an anchor in the community,

this factor weighs in favor of detention; 5. Because the defendant has no financial resources in the community, this factor

weighs in favor of detention; 6. Because the defendant is a United States citizen and resident, this factor weighs

in favor of setting bail; //

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7.

The defendant's community ties and past conduct are duplicative of other factors

considered by the Court, so they are viewed as neutral; 8. Because the defendant's history shows a substance abuse problem, this factor weighs

in favor of detention; 9. Because the defendant's criminal history includes three prior misdemeanor

convictions and one felony conviction, this factor weighs in favor of detention; 10. The defendant has a prior failure to appear and, at the time of his escape, was on

probation from a November 2, 2005 conviction for Driving without a License, therefore this factor weighs in favor of detention. II. REASONS FOR DETENTION A. There is probable cause to believe that the defendant committed the offense charged

in Criminal Indictment No. 07CR3029-BTM, namely, Escape in violation of 18 U.S.C. §§ 751(a) and 4082(a). B. The Court finds, by a preponderance of evidence, the Government has carried the

burden of establishing that no condition or combination of conditions will reasonably assure the appearance of the defendant as required. III. ORDER IT IS HEREBY ORDERED that the defendant be detained pending further proceedings in this matter. IT IS FURTHER ORDERED that the 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 sentences or being held in custody pending appeal. The defendant shall be afforded reasonable opportunity for private consultation with counsel.

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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 cc:

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 ENTERED WITHOUT PREJUDICE. IT IS SO ORDERED.

DATED: June 20, 2008 The Honorable Ruben B. Brooks United States Magistrate Judge Prepared by:

Rebecca Kanter Assistant U.S. Attorney

Erick Guzman, Esq.

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