Filed: Feb. 19, 2016
Latest Update: Feb. 19, 2016
Summary: ORDER OF DETENTION ALKA SAGAR , Magistrate Judge . I. The Court conducted a detention hearing: [] On motion of the Government [18 U.S.C. 3142(f)(1)] in a case allegedly involving Choose an item. [x] On motion by the Government or on the Court's own motion [18 U.S.C. 3142(f)(2)] in a case allegedly involving a serious risk that the defendant will flee. The Court concludes that the Government is not entitled to a rebuttable presumption that no condition or combination of conditions wi
Summary: ORDER OF DETENTION ALKA SAGAR , Magistrate Judge . I. The Court conducted a detention hearing: [] On motion of the Government [18 U.S.C. 3142(f)(1)] in a case allegedly involving Choose an item. [x] On motion by the Government or on the Court's own motion [18 U.S.C. 3142(f)(2)] in a case allegedly involving a serious risk that the defendant will flee. The Court concludes that the Government is not entitled to a rebuttable presumption that no condition or combination of conditions wil..
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ORDER OF DETENTION
ALKA SAGAR, Magistrate Judge.
I.
The Court conducted a detention hearing:
[] On motion of the Government [18 U.S.C. § 3142(f)(1)] in a case allegedly involving Choose an item.
[x] On motion by the Government or on the Court's own motion [18 U.S.C. § 3142(f)(2)] in a case allegedly involving a serious risk that the defendant will flee.
The Court concludes that the Government is not entitled to a rebuttable presumption that no condition or combination of conditions will reasonably assure the defendant's appearance as required and the safety or any person or the community [18 U.S.C. § 3142(e)(2)].
II.
The Court finds that no condition or combination of conditions will reasonably assure: [x] the appearance of the defendant as required.
[x] the safety of any person or the community. Choose an item.
III.
The Court has considered: (a) the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device; (b) the weight of evidence against the defendant; (c) the history and characteristics of the defendant; and (d) the nature and seriousness of the danger to any person or the community. [18 U.S.C. § 3142(g)] The Court also considered all the evidence adduced at the hearing and the arguments, the arguments of counsel, and the report and recommendation of the U.S. Pretrial Services Agency.
IV.
The Court bases its conclusions on the following:
As to risk of non-appearance:
[x] Lack of bail resources
[x] Defendant has no legal status in the United States
[x] No employment
[x] History of non compliance with court orders
[x] Defendant has family ties to El Salvador
As to danger to the community:
[x] Defendant has pending criminal matters with the Los Angeles Police Department and the Glendale Police Department involving narcotics, receiving known stolen property and obtaining credit/using another identification
[x] Admitted drug use
V.
IT IS THEREFORE ORDERED that the defendant be detained until trial. The defendant will be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant will be afforded reasonable opportunity for private consultation with counsel. On order of a Court of the United States or on request of any attorney for the Government, the person in charge of the corrections facility in which defendant is confined will deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. [18 U.S.C. § 3142(i)].
