Petersen

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING GOVERNMENT’S MOTION TO REVOKE MAGISTRATE JUDGE’S PRETRIAL RELEASE ORDER

This matter is before the Court on a motion brought by the United States of American to revoke the Magistrate Judge’s order releasing the defendant on his own recognizance and to impose pretrial detention.

PROCEDURAL HISTORY

The defendant was charged by a criminal complaint filed on May 7, 2008, with impersonating a DEA agent, in violation of 18 U.S.C. § 912 , and committing extortion or attempting to commit an act of extortion by representing himself to be an officer of the United States, in violation of 18 U.S.C. § 872 .

Later that day, the defendant made his initial appearance before the U.S. Magistrate Judge. The defendant was repre sented by Victor Chavez, Assistant Federal Defender, who appeared specially on behalf of the defendant until the case could be assigned within the Federal Defender’s Office. At that time, the Pretrial Services Officer, based on a purported understanding that the law does not authorize detention for dangerousness, for a non-presumption offense, recommended the Defendant’s release on his own recognizance, notwithstanding…