Case 3:16-cr-00051-BR

Document 124

Filed 02/05/16

Page 1 of 1

ORP DET ORD (1115/16)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA,

Case No. 3:16-CR-00051-BR-6

v.
ORDER OF DETENTION AFTER HEARING (18
USC 3142(i))

BRIAN CAVALIER

J3; On motion of the Government involving an alleged:

D risk to the safety of any other person or the community for cases involving crimes described in 18 USC 3142()(1)
serious risk defendant will flee;
D serious risk defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate a prospective witness or juror
or attempt to do so,
D Upon consideration by the court sua sponte involving a:
D serious risk defendant will flee;
D serious risk defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate a prospective witness or juror
or attempt to do so,
~:

:Having considered the nature and circumstances of the offense charged, the weight of evidence against the defendant, the history and
characteristics of the defendant, and the nature and seriousness of the danger to any person and to the community that would be posed by the
defendant's release, the court finds that:
D The offense charged creates a rebuttable presumption in 18 USC 3142(e) that no combination of conditions will reasonably assure the
safety of the community.
)\No condition or combination of conditions will reasonably assure the appearance of defendapt as required due to:
_)Sl\substancc use/abuse
D Foreign citizenship and/or illegal alien
D In custody/serving sentence
D Unknown
D ICE Detainer
D Outstanding warrant( s)
family/employment/community ties
D Deportation(s)
-~PHor failure(s) to appear
D Unstable/no residence available
D Mental health issues
D Information unverified/unverifiable
D Multiple or false identifiers

D Aliases
'81" Prior criminal history,,.JSJ:- including drug/drug related offense,.)s;t including alcohol/alcohol related offense
~rior superyision failure(s), D Including_illicit d1ug use, D including>alcohol abuse
,//,)D1A : .J ::),,);:
/t-r~'> ,;;(/ _,:).,,)(/.!7t/__.{: ., )'llL rv,);L{/l.l:skNo condition or combirlation of condiiions will reasonably assdre the safety of other persons and the community due to:

'J:SI,' Other:

-~~'Nature

D Prior supervision failures

of offense
D Arrest behavior

D Substance use/abuse

D Possession ofweapon(s)
D Violent behavior
.JS;f'Prior criminal history, jgjhcluding drug/drug related offense,
J};~,..,Prior supe:Vf~ion_ failure(s), D Inc~ing illicit drug use~- __ i

~Other:

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D Mental health issues

D Alleged offense involves child pornography on the inte1net
1SJ:'including alcohol/alcohol related offense
D including alcohol abusfV
tf~ 1 J('V-'..:-4J! _(tX:/ 1/--.l...

7
D Other (writ/serving federal or state sentence): _ _____ _/_- - - - - - - - - - - - - - - - - - -

0 Defendant has not rebutted by sufficient evidence to the contrary the presumption provided in 18 USC 3142(e).
D The defendant is detained without prejudice to further review by the court at a later date.

THEREFORE, IT IS ORDERED that:

l.
2.
3.
4.

Defendant is detained prior to trial;

Defendant is committed to the custody of the Attorney General for confinement in a corrections facility separated, as far
as practicable, :from persons awaiting or serving sentences or being held in custody pending appeal;
Defendant shall be afforded a reasonable opportunity for private consultation with his counsel;
The superintendent of the corrections facility in which defendant is confined shall make the defendant available to the
United States Marshal for the purpose of appearance in 9onn~ction with any qourt profeeding.

~--

DATED: February90l6

1 - DETENTION ORDER

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United States Magistrate Judge