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U.S. v. SANTAMARIA, C-12-164-1. (2012)

Court: District Court, S.D. Texas Number: infdco20120316e05 Visitors: 10
Filed: Feb. 21, 2012
Latest Update: Feb. 21, 2012
Summary: MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL B. JANICE ELLINGTON, Magistrate Judge A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the defendant pending trial in this case: (1) There is a serious risk that the defendant will not appear; and (2) There is a serious risk that the defendant will endanger the safety of another person or the community. The evidence against the defendant meets the probab
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MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL

B. JANICE ELLINGTON, Magistrate Judge

A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f). The following requires detention of the defendant pending trial in this case:

(1) There is a serious risk that the defendant will not appear; and

(2) There is a serious risk that the defendant will endanger the safety of another person or the community.

The evidence against the defendant meets the probable cause standard. The findings and conclusions contained in the Pretrial Services Report are adopted. This order is entered without prejudice to the defendant's right to renew his request for bond with proof of the following: (1) suitable third party custodian; (2) suitable co-surety; (3) suitable residence with land line home telephone; (4) home detention with GPS monitor; (5) drug and mental health treatment program; and (6) verification that the burglary charge mentioned in the Pretrial Services Report has been addressed and no further warrants anticipated.

The defendant is committed to the custody of the United States Marshal or his designated representative 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 shall be afforded a reasonable opportunity for private consultation with defense counsel. 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 shall deliver the defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding.

ORDERED.

Source:  Leagle

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