Cabrera-Ortigoza

ORDER OVERRULING DEFENDANT’S OBJECTION TO THE GOVERNMENT’S PROCEEDING BY PROFFER AND DEFENDANT’S MOTION FOR WITNESS STATEMENTS

Defendant is charged with Bank Fraud, 18 U.S.C. § 1344 . The Defendant made his first appearance in Court pursuant to Federal Rule of Criminal Procedure 5 on September 5, 2000. At the first appearance, the Government moved for detention pursuant to 18 U.S.C. § 3142 (f)(2)(A). A hearing was set for September 8, 2000 and continued twice at Defendant’s request to September 15, 2000.

At the initial detention hearing, the Government indicated its intent to proceed by proffer to demonstrate that the Defendant presented a flight risk and that there were no conditions or combinations of conditions that would reasonably assure the appearance *573 of the Defendant for further proceedings in the case.

The Defendant objected to the Government’s use of a proffer citing the 1993 Amendment to Federal Rule of Criminal Procedure 46(i) which incorporates the provisions of Federal Rule of Criminal Procedure 26.2. Defendant argued specifically that since Rule 46(i) provides for the provision of witness statements at a detention hearing, then the use of a proffer has been…