Filed: Dec. 13, 2018
Latest Update: Dec. 13, 2018
Summary: [PROPOSED] ORDER DETAINING DEFENDANT ANGELO VALDEZ PRIOR TO TRIAL SALLIE KIM , Magistrate Judge . On November 16, 2018, the government filed a Criminal Complaint charging the defendant with Theft of Government Property, in violation of 18 U.S.C. 641; and Depredation Against the Property of the United States, in violation of 18 U.S.C. 1361. The defendant made his initial appearance on December 10, 2018, and on December 12, 2018, this Court held a detention hearing. The defendant was pres
Summary: [PROPOSED] ORDER DETAINING DEFENDANT ANGELO VALDEZ PRIOR TO TRIAL SALLIE KIM , Magistrate Judge . On November 16, 2018, the government filed a Criminal Complaint charging the defendant with Theft of Government Property, in violation of 18 U.S.C. 641; and Depredation Against the Property of the United States, in violation of 18 U.S.C. 1361. The defendant made his initial appearance on December 10, 2018, and on December 12, 2018, this Court held a detention hearing. The defendant was prese..
More
[PROPOSED] ORDER DETAINING DEFENDANT ANGELO VALDEZ PRIOR TO TRIAL
SALLIE KIM, Magistrate Judge.
On November 16, 2018, the government filed a Criminal Complaint charging the defendant with Theft of Government Property, in violation of 18 U.S.C. §641; and Depredation Against the Property of the United States, in violation of 18 U.S.C. § 1361. The defendant made his initial appearance on December 10, 2018, and on December 12, 2018, this Court held a detention hearing. The defendant was present and represented by Assistant Federal Public Defender Daniel P. Blank.
Pretrial Services submitted a report that recommended detention, citing both the defendant's risk of non-appearance and potential danger to the community. A Pretrial Services Officer was present at the hearing.
The Government moved for detention, and the defendant opposed. The parties submitted proffers and arguments. Upon consideration of the Pretrial Services report and the parties' proffers at the detention hearing, the Court finds by a preponderance of the evidence that the defendant poses a risk of non-appearance and that no condition or combination of conditions will reasonably assure his appearance as required. Accordingly, the Court orders the defendant, Angelo Valdez, detained pending trial.
The Court bases this Order on the defendant's history of bench warrants and failures to appear, his failure to observe the conditions of community supervision while serving his most recent term of probation, and the fact that there is no person available to act as a surety on the defendant's behalf.
This Order supplements the Court's findings at the detention hearing and serves as written findings of fact and statement of reasons, as required by 18 U.S.C. § 3142(i).
The Bail Reform Act of 1984 sets forth the factors the Court must consider in determining whether pretrial detention is warranted. In coming to its decision, the Court has considered those factors, paraphrased below:
(1) the nature and seriousness of the offense charged;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person including, among other considerations, employment, past conduct and criminal history, and record of court appearances; and
(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release.
18 U.S.C. § 3142(g).
Given the nature of the crimes as alleged, as well as the history and characteristics of the defendant, the Court determines that, on the record before it, there is no condition or combination of conditions of release that can reasonably assure the defendant's appearance as required. Accordingly, pursuant to 18 U.S.C. § 3142(i), IT IS HEREBY ORDERED THAT:
(1) the defendant is committed to the custody of the United States Marshals Service for confinement in a correctional facility;
(2) the defendant be afforded reasonable opportunity for private consultation with his counsel; and
(3) on order of a court of the United States or on request of an attorney for the government, the person in charge of the corrections facility in which the defendant is confined shall deliver the defendant to an authorized Deputy United States Marshal for the purpose of any appearance in connection with a court proceeding.
IT IS SO ORDERED.
