United States of America v. Salameh

Filing 16

ORDER of Detention pending trial as to defendant Ala Salameh. Ordered by Magistrate Judge Thomas D. Thalken. (Attachments: # 1 NEF 8:15mj159) (MKR)

8:15-mj-00159-TDT Doc # 15 Filed: 06/25/15 Page 1 of 2 - Page ID # 22

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ALA SALAMEH,
Defendant.

)
)
)
)
)
)
)
)
)

8:15MJ159
DETENTION ORDER

A. Order For Detention
After conducting a detention hearing pursuant to 18 U.S.C. § 3142(f) of the Bail
Reform Act on June 25, 2015, the Court orders the above-named defendant detained
pursuant to 18 U.S.C. § 3142(e) and (i).
B. Statement Of Reasons For The Detention
The Court orders the defendant’s detention because it finds:
X By a preponderance of the evidence that no condition or combination of
conditions will reasonably assure the appearance of the defendant as required.
By clear and convincing evidence that no condition or combination of conditions
will reasonably assure the safety of any other person or the community.
C. Finding Of Fact
The Court’s findings are based on the evidence which was presented in court and that
which was contained in the Pretrial Services Report, and includes the following:
X (1) Nature and circumstances of the offense charged:
X
(a) The crime: fraud and misuse of visas, permits and other documents
in violation of 18 U.S.C. § 1546(a) carries a maximum sentence of
ten years imprisonment.
(b) The offense is a crime of violence.
(c) The offense involves a narcotic drug.
(d) The offense involves a large amount of controlled substances, to
wit:
(2) The weight of the evidence against the defendant is high.
X (3) The history and characteristics of the defendant including:
(a) General Factors:
The defendant appears to have a mental condition which
may affect whether the defendant will appear.
The defendant has no family ties in the area.
X
The defendant has no steady employment.
X
The defendant has no substantial financial resources.
X
The defendant is not a long time resident of the community.
The defendant does not have any significant community
ties.
Past conduct of the defendant: use of an alias name.
The defendant has a history relating to drug abuse.
The defendant has a history relating to alcohol abuse.
The defendant has a significant prior criminal record.
The defendant has a prior record of failure to appear at
court proceedings.
(b) At the time of the current arrest, the defendant was on:
Probation

8:15-mj-00159-TDT Doc # 15 Filed: 06/25/15 Page 2 of 2 - Page ID # 23
DETENTION ORDER - Page 2
Parole
Release pending trial, sentence, appeal or completion of
sentence.
(c) Other Factors:
X
The defendant is an illegal alien and is subject to
deportation.
The defendant is a legal alien and will be subject to
deportation if convicted.
X
The Bureau of Immigration and Custom Enforcement
(BICE) has placed a detainer with the U.S. Marshal.
X
Other: The nature of the charges in the complaint and the
manner in which the defendant falsified a visa to enter the
United States.
D. Additional Directives
Pursuant to 18 U.S.C. § 3142(i)(2)-(4), the Court directs that:
1. The defendant be committed to the custody of the Attorney General for
confinement in a corrections facility separate, to the extent practicable from
persons awaiting or serving sentences or being held in custody pending
appeal; and
2. The defendant be afforded reasonable opportunity for private consultation
with counsel; and
3. That, on order of a court of the United States, or on request of an attorney
for the government, the person in charge of the corrections facility in which
the defendant is confined deliver the defendant to a United States Marshal
for the purpose of an appearance in connection with a court proceeding.
DATED:

June 25, 2015.

BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge