Opinion
CR 16-0073-CAS
12-23-2022
UNITED STATES OF AMERICA, Plaintiff, v. SANTIAGO CARRILLO-GALVAN, 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 December 23, 2022, Defendant made his initial appearance - in this district - on the petition for revocation of supervised release and warrant for arrest issued on September 4, 2020. Peter Johnson, a member of the indigent defense panel, specially appeared for Bernard Rosen, a member of the indigent defense panel, who was appointed to represent Defendant. The government was represented by Assistant U.S. Attorney Danny Weiner. Defendant submitted on the recommendation, by Pretrial Services, that Defendant be detained.
Defendant made his initial appearance in the United States District Court for the Southern District of California on December 8, 2022, at which time he requested a detention hearing to be held in the charging district.
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 Defendant failed to comply with supervised release conditions by entering the United States without permission after being deported, and committing drug related offenses for which he was convicted in the Santa Barbara Superior Court
[x] Defendant has no family or residential ties to the Central District of California and is undocumented.
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 released [18 U.S.C. § 3142(b-c)]. This finding is based on:
[x] allegations in the petition (see above); and criminal history
III.
IT IS THEREFORE ORDERED that the defendant is remanded to the custody of the U.S. Marshal pending further proceedings in this matter.