Filed: May 10, 2018
Latest Update: May 10, 2018
Summary: PROBABLE CAUSE FINDING AND ORDER OF DETENTION PENDING TRIAL (risk offlight and danger to community) DAVID FANNIN , Magistrate Judge . The Defendant stands charged by complaint with a violation of (8 U.S.C. 1326 illegal entry after deportation. Under the provisions of Rule 5.1, Fed. R. Crim. P., it appears there is probable cause to believe that an offense has been committed and that the Defendant committed the offense as alleged. The Government has shown the necessary probable cause to g
Summary: PROBABLE CAUSE FINDING AND ORDER OF DETENTION PENDING TRIAL (risk offlight and danger to community) DAVID FANNIN , Magistrate Judge . The Defendant stands charged by complaint with a violation of (8 U.S.C. 1326 illegal entry after deportation. Under the provisions of Rule 5.1, Fed. R. Crim. P., it appears there is probable cause to believe that an offense has been committed and that the Defendant committed the offense as alleged. The Government has shown the necessary probable cause to ge..
More
PROBABLE CAUSE FINDING AND ORDER OF DETENTION PENDING TRIAL (risk offlight and danger to community)
DAVID FANNIN, Magistrate Judge.
The Defendant stands charged by complaint with a violation of (8 U.S.C. § 1326 illegal entry after deportation. Under the provisions of Rule 5.1, Fed. R. Crim. P., it appears there is probable cause to believe that an offense has been committed and that the Defendant committed the offense as alleged. The Government has shown the necessary probable cause to get the case before the Federal Grand Jury.
DETENTION ORDER
The Government moved to detain the Defendant on the basis of Title 18, U.S.C. § 3142. In accordance with the Bail Reform Act, 18, U.S.C. § 3142 (I), a detention hearing has been held. I conclude that detention of the Defendant is required pending trial in this case for the following reason(s):
FINDINGS RELATED TO DETENTION
1) The evidence and punishment range against the Defendant are substantial.
2) The Court took judicial notice of the Complaint, Affidavit in support of the Complaint, and the Pretrial Services Report. Agent Sergio Nava with U.S. Customs and Border Patrol Prosecutions testified concerning the facts outlined in the complaint.
3) The Defendant does not possess any documentation allowing legal residence in the United States.
4) The Defendant's criminal history is attached to this Order.
The Court finds there is no condition or combination of conditions which would reasonably assure the appearance of the Defendant as required and the safety of the community, taking into account all the available information presented to the Court. There is clear and convincing evidence that the Defendant is a danger to the community as well as a preponderance of the evidence which indicates that the Defendant is a risk of flight. Therefore, the Defendant is DETAINED.
DIRECTIONS REGAR DING DETENTION
In light of the findings and reasons set lbrth above, it IsIORDEREI) that:
1) The Defendant be committed to the custody oithe Attorney General for conhitiement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being heldin custody pending appeal during the time, he awaits trial:
2) The Defendant be atThrded opportunity or private consultation with his Counsel during this period in detention;
3) The feility where the Delndant will be placed shall make the Defendant available to the' United States Marshals Service lbr any appearance in conncction with a Court proceeding in this matter; and,
4) In the event of an appeal of this detention order, the Pretrial Services' Report shall be sealed andmade part, of the recordlinthis cause.
It is so ORDERED.
PS3 (12/05-Rev. tbr PACTS 6/11) Gabino Castillo-Trujillo,/0542 4:18-015) IM-001
PRIOR RECORD:
A criminal record check conducted through the National Crime Information Center (NCIC) and local records
revealed the following arrest history.
Date of
Arrest Agency Charge Disposition
11/15/1997 U.S. District Court-WD/FX; Marijuana-Importation 11/15/1997: Convicted, 26
(Age 31) Pecos, TX; Case No.: Exportation months prison, 36 months TSR
4:97CR230-1
09/03/2011 Oklahoma City; OK Possession of a Controlled 02/27/2012: Convicted, 5 years
(Age 44) Substance confinement, suspended
05/04/20 12 ICE Office of mv; OK Illegal Entry Unknown
(Age 45)
