The opinion of the court was delivered by: Hugh B. Scott United States Magistrate Judge
The Government seeks to have defendant detained pending trial in this case. In accordance with the Bail Reform Act, 18 U.S.C. §3142(f), a detention hearing was held on June 19, 2009. For the reasons set forth below, and in accordance with 18 U.S.C. §3142(e) and (g), defendant is ordered to be detained pending trial in this case.
Charges Against Defendant
In summary, the defendant is charged by way of an indictment alleging that he did unlawfully seize, kidnap, abduct and carry away a minor ("Victim 1") and did travel, in interstate and foreign commerce from the Western District of New York to Reynosa, Mexico with Civtim 1, and to prevent Victim 1's mother from obtaining custody of the child in violation of 18 U.S.C. §§ 1201(a)(1) and 1204(a).
Pursuant to 18 U.S.C. §3142(g), the factors to be considered in the determination of a detention request are:
(1) the nature and circumstances of the offense charged;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including--
(A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
(B) whether, at the time of the current office or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law; and
(4) the nature and seriousness of the danger to any person or the community that would be ...