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United States v. Nahoolewa

United States District Court, W.D. Washington, Tacoma

September 5, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
WHITNEY NAHOOLEWA, Defendant.

          DETENTION ORDER

          Theresa L. Fricke United States Magistrate Judge.

         THE COURT, having conducted a detention hearing pursuant to 18 U.S.C. Sect. 3142, finds that no condition or combination of conditions which defendant can meet will reasonably assure the appearance of the defendant as required and/or the safety of any other person and the community.

         This finding is based on 1) the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence or involves a narcotic drug; 2) the weight of the evidence against the person; 3) the history and characteristics of the person including those set forth in 18 U.S.C. Sect. 3142(g)(3)(A)(B); and 4) the nature and seriousness of the danger release would impose to any person or the community. This finding is also based on the presumption of detention pursuant to 18 U.S.C. Section 3142(f)(1)(c) and the Court's authority to decide the issue of pre-removal detention pursuant to Federal Rule of Criminal Procedure 5.

         Findings of Fact/ Statement of Reasons for Detention

         Presumptive Reasons/Unrebutted:

() Conviction of a Federal offense involving a crime of violence. 18 U.S.C. Sect. 3142(f)(A)
() Potential maximum sentence of life imprisonment or death. 18 U.S.C. Sect. 3142(f)(B)
(X) Potential maximum sentence of 10 years as prescribed in the Controlled Substances Act (21 U.S.C. Sect. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. Sect. 951 et seq.) Or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)
() Convictions of two or more offenses described in subparagraphs (A) through (C) of 18 U.S.C. Sect. 3142(f)(1) of two or more State or local offenses that would have been offenses described in said subparagraphs if a circumstance giving rise to Federal jurisdiction had existed, or a combination of such offenses.

         Safety Reasons:

() Defendant is currently on probation/supervision resulting from a prior offense.
() Defendant was on bond on other charges at time of alleged occurrences herein.
() Defendant's history of driving while under the ...

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