Filed: Mar. 21, 2016
Latest Update: Mar. 21, 2016
Summary: ORDER OF DETENTION [Fed. R. Crim. P. 31.1(a)(6); 18 U.S.C. 3143(a)(1)] ALKA SAGAR , Magistrate Judge . I. Defendant Pedro Ivan Auilar-Quinones ("Defendant") was arrested in the District of South Carolina on the outstanding warrant issued in this district. On March 4, 2016, Defendant made his initial appearance in the District of South Carolina at which time, Defendant waived his rights to an identity hearing, a preliminary hearing and a detention hearing. On March 21, 2016, Defendant a
Summary: ORDER OF DETENTION [Fed. R. Crim. P. 31.1(a)(6); 18 U.S.C. 3143(a)(1)] ALKA SAGAR , Magistrate Judge . I. Defendant Pedro Ivan Auilar-Quinones ("Defendant") was arrested in the District of South Carolina on the outstanding warrant issued in this district. On March 4, 2016, Defendant made his initial appearance in the District of South Carolina at which time, Defendant waived his rights to an identity hearing, a preliminary hearing and a detention hearing. On March 21, 2016, Defendant ap..
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ORDER OF DETENTION
[Fed. R. Crim. P. 31.1(a)(6); 18 U.S.C. § 3143(a)(1)]
ALKA SAGAR, Magistrate Judge.
I.
Defendant Pedro Ivan Auilar-Quinones ("Defendant") was arrested in the District of South Carolina on the outstanding warrant issued in this district. On March 4, 2016, Defendant made his initial appearance in the District of South Carolina at which time, Defendant waived his rights to an identity hearing, a preliminary hearing and a detention hearing.
On March 21, 2016, Defendant appeared before the Court for initial appearance in this district on the petition and warrant for revocation of supervised release in the above-referenced matter.
Defendant was represented by Deputy Federal Public Defender Rachel Rossi.
The Court has reviewed the Pretrial Services Report and its recommendation of detention, the allegations in the Violation Petition and the Government's Request for Detention. Defendant submits on the issue of detention.
Pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a) following Defendant's arrest for alleged violation(s) of the terms of Defendant's [] probation /[X] supervised release,
The Court finds that:
A. [X] Defendant has not carried his burden of establishing by clear and convincing evidence that Defendant will appear for further proceedings as required if released [18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] Lack of sufficient bail resources
[X] No stable residence or employment
[X] Previous failure to appear or violations of probation, parole, or release
[X] Allegations in petition which include reentry into the United States following deportation and without permission; and no legal status in the United States
[X] substance abuse history
[X] use of multiple aliases and dates of birth
B. [X] Defendant has not carried his burden of establishing by clear and convincing evidence that Defendant will not endanger the safety of any other person or the community if released [18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] Extensive criminal history
[X] Substance abuse history
III.
IT IS THEREFORE ORDERED that the defendant be detained pending further proceedings.
