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Case 3:12-cr-00494-JLS

Document 28

Filed 03/15/12

Page 1 of 4

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

v.

Plaintiff,

SEAN MICHAEL PARK.

Defendant.

Case No. 12-CR-494-JLS

FINDINGS OF FACT AND ORDER OF DETENTION

In accordance with § 3142(f) of the Bail Reform Act of 1984 (18 U.S.C. § 3141 et seq.),

a detention hearing was held on March 13,2012, to determine whether defendant Sean Michael

Park ("Defendant") should be held in custody pending trial on the grounds that Defendant is a flight risk. Assistant U.S. Attorney Neama Rahmani appeared on behalf of the United States; attorney

Brian White specially appeared on behalfof Defendant.

Based on the evidence proffered by the United States, Defendant, and Pretrial Services, and

the files and records of the case, 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 Defendant as required.

I.

FINDINGS OF FACT

A. Nature and Circumstances of the Offense Char&ed [18 U.S.C.§ 3142(&)(1)]

1. Defendant is charged in a three-count indictment with perjury, obstruction ofjustice,

false statement, and aiding and abetting, in violation of 18 U.S.C. §§ 2, 1001(a)(2), 1512(c), and

1623(a).

2. If convicted ofthese charges, Defendant faces a maximum sentence often years on

the obstruction ofjustice count and five years on the perjury and false statement counts.

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Case 3:12-cr-00494-JLS

Document 28

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B. Wei&ht of the Evidence A&ainst the Defendant [18 U.S.C.§ 3142(&)(2)]

1. Although this factor is to be given the least weight, there is probable cause to

believe Defendant committed the charged offense, which favors detention.

C. History and Characteristics of the Defendant (18 U.S.C.§ 3142(&)(3)1

1. Character: Defendant failed to appear at the March 5, 2012 Motions in Limine

hearing before the Honorable Janis L. Sammartino. Defendant was at large for one week before

surrendering to the United States Marshals Service.

Services. This factor weighs in favor of detention.

2.

Physical and

Mental Condition:

Defendant also failed to report to Pretrial

Due to

the

lack of evidence regarding

Defendant's physical and mental condition, this factor is treated as neutral.

3. Family Ties: The Defendant has family ties to the Southern District of California.

This factor weighs against detention.

4. Employment: Due to the lack ofevidence regarding Defendant's employment, this

factor is also treated as neutral.

5. Financial Resources: Due to the lack of evidence regarding Defendant's financial

resources, this factor is also treated as neutral.

6. Length of Residence in the Community: Defendant is a resident of the Southern

District of California. This factor weighs against detention.

7. Community Ties and Past Conduct: The community ties factor implicates

considerations that are duplicative of other findings already made by the Court in this Order. As

a result, this factor will be treated as neutral. Defendant's past conduct in this case includes filings

which assert that Defendant is not subject to the jurisdiction or the authority of the United States

District Court. This factor weighs in favor of detention.

8. History Relating to Drug or Alcohol Abuse: Due to the lack ofevidence regarding

Defendant's drug or alcohol abuse, this factor is also treated as neutral.

9. Criminal History: The Defendant has no known criminal convictions. This factor

weighs against detention.

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Case 3:12-cr-00494-JLS

Document 28

Filed 03/15/12

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II

10.

Record Concerning Appearance at Court Proceedings and on Probation,

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Parole or Other Release: Defendant has failed to cooperate with Pretrial Services and has failed

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to report to Pretrial Services, as required by the tenns of his pretrial release. Defendant has also

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failed to make his court appearances, as directed by the Honorable Janis L. Sammartino.

This

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factor weighs in favor of detention.

 

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II.

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CONCLUSIONS REGARDING DETENTION

8 Based on the factors set forth in 18 U.S.C. § 3 I42(g) and, the Government has satisfied its

9 burden of demonstrating that the Defendant is a flight risk and that no condition or combination

10 ofconditions will reasonably assure the appearance ofDefendant at future court proceedings in this

11 case.

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III.

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ORDER

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IT IS HEREBY ORDERED that Defendant be detained pending trial in this matter.

15 IT IS FURTHER ORDERED that Defendant be committed to the custody of the Attorney

16 General or the Attorney General's designated representative for confinement in a corrections

17 facility separate, to the extent practicable, from persons awaiting or serving sentences or being held

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in custody pending appeal.

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consultation with counsel.

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Defendant shall be afforded reasonable opportunity for private

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Case 3:12-cr-00494-JLS

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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 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 counsel for the defense and for the United States.

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9 DATED: 12/'')''/rz-

THIS ORDER IS ENTERED WITHOUT PREJUDICE.

IT IS SO ORDERED.

THIS ORDER IS ENTERED WITHOUT PREJUDICE. IT IS SO ORDERED. LEKAREN S. CRAWFORD tates Magistrate Judge
THIS ORDER IS ENTERED WITHOUT PREJUDICE. IT IS SO ORDERED. LEKAREN S. CRAWFORD tates Magistrate Judge

LEKAREN S. CRAWFORD tates Magistrate Judge

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