Free Order of Detention - District Court of Arizona - Arizona

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UNITED STATES OF AMERICA GLHIK U S DISTRICT GOURT
v. ORDER OF DETE lONKIINY®I'I&IA
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Roberto Rubio-Diaz _ Case Number: CR 03-00460-001-P - ' -
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing was held on March 24, 2006. Defendant was l
present and was represented by counsel. I conclude by a preponderance of the evidence the defendant is a flight risk and order the
detention of the defendant pending trial in this case.
FINDINGS OF FACT
I find by a preponderance of the evidence that:
The defendant is not a citizen of the United States or Iawfuiiy admitted for permanent residence.
The defendant, at the time of the charged offense, was in the United States illegally.
lf released herein, the defendant faces removal proceedings by the Bureau of Immigration and Customs
Enforcement, placing himfher beyond thejurisdiction of this Court and the defendant has previously been deported
or othewvise removed.
The defendant has no significant contacts in the United States or in the District of Arizona.
The defendant has no resources in the United States from which helshe might make a bond reasonably calculated
to assure hislher future appearance.
m The defendant has a prior criminal history.
D The defendant livesfworks in Mexico. .
I] The defendant is an amnesty applicant but has no substantial ties in Arizona or in the United States and has
substantial family ties to Mexico.
E There is a record of prior failure to appear in court as ordered,
EI The defendant attempted to evade law enforcement contact by fleeing from law enforcement. _
E The defendant is facing a maximum of years imprisonment.
The Court incorporates by reference the material findings of the Pretrial Services Agency which were reviewed by the Court
at the time of the hearing in this matter, except as noted in the record. _
CONCLUSIONS OF LAW
1. There is a serious risk that the defendant will flee.
2. No condition or combination of conditions will reasonably assure the appearance of the defendant as required.
DIRECTIONS REGARDING DETENTION
The defendant is committed to the custody of the Attomey General or hislher 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 a reasonable opportunity for private consultation with defense counsel. On order o a court
of the United States or on request of an attomey for the Govsmment, he person in charge of the corrections facility shall deliver the
defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding.
APPEALS AND THIRD PARTY RELEASE _ __
_ IT IS ORDERED that should an appeal of this detention order be filed with the District Court, it is counsel's responsibility to
tgelivrer a copy of the motion for reviewfreconsideration to Pretrial Services at least one day prior to the hearing set before the Dis rict
ou .
IT IS FURTHER ORDERED that if a release to a third party is to be considered, it is counsel’s responsibility to notify Pretrial
Services sufficiently in advance of the hearing before the District Court to allow Pretrial Services an opportunity to interview and
investigate the potential third party custodian.
DATE: March 24, 2006 ` 2 Q
United States Magistrate Judge
Case 2:03-cr-00460-SRB Document 22 Filed O3/24/2006 Page 1 of 1

Case 2:03-cr-00460-SRB

Document 22

Filed 03/24/2006

Page 1 of 1