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FILED
MAR 1 5 2012
CL::RK,:...5 GS-R',CT COuRT
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BY
u
DEPLTY
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Case No. 12-CR-494-JLS
Plaintiff,
v. FINDINGS OF FACT AND ORDER OF
DETENTION
SEAN MICHAEL PARK.
Defendant.
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 behalf of 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. Ifconvicted 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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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. Defendant also failed to report to Pretrial
Services. This factor weighs in favor of detention.
2. Physical and Mental Condition: 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 ofCalifornia.
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 ofevidence regarding Defendant's financial
resources, this factor is also treated as neutral.
6. Length of Residence in the Community: Defendant is a resident ofthe 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 orAlcohol 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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II 10. Record Concerning Appearance at Court Proceedings and on Probation,
II Parole or Other Release: Defendant has failed to cooperate with Pretrial Services and has failed
II to report to Pretrial Services, as required by the tenns of his pretrial release. Defendant has also
failed to make his court appearances, as directed by the Honorable Janis L. Sammartino. This
factor weighs in favor of detention.
II.
CONCLUSIONS REGARDING DETENTION
Based on the factors set forth in 18 U.S.C. 3 I 42(g) and, the Government has satisfied its
burden of demonstrating that the Defendant is a flight risk and that no condition or combination
ofconditions will reasonably assure the appearance ofDefendant at future court proceedings in this
case.
III.
ORDER
IT IS HEREBY ORDERED that Defendant be detained pending trial in this matter.
IT IS FURTHER ORDERED that Defendant be committed to the custody of the Attorney
General or the Attorney General's designated representative for confinement in a corrections
facility separate, to the extent practicable, from persons awaiting or serving sentences or being held
in custody pending appeal. Defendant shall be afforded reasonable opportunity for private
consultation with counsel.
II
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II While in custody, upon order of a court of the United States or upon the request of an
II attorney for the United States, the person in charge of the correctional facility shall deliver
II Defendant to the United States Marshal for the purpose ofan appearance in connection with a court
II proceeding or any other appearance stipulated to by counsel for the defense and for the United
II States.
THIS ORDER IS ENTERED WITHOUT PREJUDICE.
IT IS SO ORDERED.
DATED: 12/'')''/rz-
LEKAREN S. CRAWFORD
tates Magistrate Judge
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