Opinion
CR22-149-GW
11-08-2022
UNITED STATES OF AMERICA, Plaintiff, v. JOBANI CARPIO, Defendant.
.
ORDER OF DETENTION [FED. R. CRIM. P. 32.1(A)(6); 18 U.S.C. §3143(A)(1)]
ALKA SAGAR, UNITED STATES MAGISTRATE JUDGE
I.
On November 8, 2022, Defendant, assisted by a Spanish language interpreter, made his initial on the petition for revocation of supervised release and warrant for arrest issued on October 20, 2022. Deputy Federal Public Defender (“DFPD”) Neha Christerna was appointed to represent the defendant. The government was represented by Assistant U.S. Attorney Colin Scott. Defendant submitted on the recommendation, by Pretrial Services, that Defendant be detained.
II.
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] the petition alleges that while on supervised release, Defendant absconded from supervision and his whereabouts were unknown.
[X] history of non-compliance while on Supervision includes failures to report to U.S. Probation Officer, failures to report for drug counseling and treatment, and use of amphetamines.
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 releasei8 d [18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] allegations in the petition (see above)
III.
IT IS THEREFORE ORDERED that the defendant is remanded to the custody of the U.S. Marshal pending further proceedings in this matter.