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MELINDA HAAG (CABN 132612)
United States Attorney
J. DOUGLAS WILSON (DCBN 412811)
Chief, Criminal Division
NATALIE LEE (CABN 277362)
Assistant United States Attorney

450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102
Telephone: (415) 436-7301
Fax: (415) 436-7234
E-Mail: natalie.lee2@usdoj.gov

Attorneys for the United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

v.

JOHN SELLERS,
Defendant.



No. CR 12-0819 RS
[PROPOSED] ORDER DETAINING
DEFENDANT JOHN SELLERS PENDING
TRIAL
Date:
Time:
Court:

July 30, 2013
9:30 a.m.
Hon. Nandor J. Vadas

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Defendant John Sellers is charged in a three count indictment with possessing with intent

to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1); possessing a firearm
during and in relation to, and in furtherance of, a drug trafficking crime, in violation of 18 U.S.C.
§ 924(c); and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). The
United States moved for defendant’s detention pursuant to 18 U.S.C. § 3142, and asked for a
detention hearing, as permitted by 18 U.S.C. § 3142(f). On July 30, 2013, following a hearing
pursuant to 18 U.S.C. § 3142(f), and considering the Pretrial Services report, the indictment filed
in this case, and the factors set forth in 18 U.S.C. § 3142(g), the Court ordered defendant

[PROPOSED] DETENTION ORDER
No. CR 12-0819 RS

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detained, as no condition or combination of conditions in 18 U.S.C. § 3142(c) will reasonably
assure the appearance of defendant as required and the safety of any other person and the
community. See 18 U.S.C. §§ 3142(e) and (f); United States v. Motamedi, 767 F.2d 1403, 1406
(9th Cir. 1985).

After hearing argument from both counsel for defendant and counsel for the government,
the Court granted the government’s motion to detain. Specifically, the Court noted that this is a
presumption case, and that it was concerned with defendant’s criminal record which included
felony convictions involving drug sales and possession of a firearm. The Court further noted
that the allegations in the present case against defendant also included drug sales and possession
of a modified shotgun. The Court noted that it was concerned with defendant’s prior probation
violations, and that defendant violated the terms of his previous state probation/parole conditions
when he left his father’s residence after only two to three days and did not return.

ORDER

Defendant is ordered detained as no condition or combination of conditions in 18 U.S.C.

§ 3142(c) will reasonably assure the appearance of defendant as required and the safety of any
other person and the community.

Defendant is committed to the custody of the Attorney General or a designated

representative for confinement in a corrections facility separate, to the extent practicable, from
persons awaiting or serving sentences or held in custody pending appeal. See 18 U.S.C. §
3142(i)(2). Defendant must be afforded a reasonable opportunity to consult privately with
counsel. See 18 U.S.C. § 3142(i)(3). 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 must deliver
defendant to the United States Marshal for a court appearance. See 18 U.S.C. § 3142(i)(4).

IT IS SO ORDERED.

DATED: July 31, 2013


HON. NANDOR J. VADAS
United States Magistrate Judge

[PROPOSED] DETENTION ORDER
No. CR 12-0819 RS

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