Opinion
2:19-CR-00621-GW
12-02-2022
UNITED STATES OF AMERICA, Plaintiff, v. GABRIELA MIRANDA DIAZ, Defendant.
ORDER OF DETENTION [Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143(a)(1)]
PATRICIA DONAHUE UNITED STATES MAGISTRATE JUDGE
On November 15, 2022, Defendant Gabriela Miranda Diaz made her initial appearance on the petition for revocation of supervised release and warrant for arrest issued on October 11, 2022. Oliver Cleary of the Federal Indigent Defense Panel was appointed to represent Defendant. A detention hearing was held.
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 her 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] allegations in the petition include failure to report to the last STAR Court meeting and making herself unavailable to the Probation Officer.
B. [X] Defendant has not carried her 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 include use of methamphetamine.
It is therefore ORDERED that the defendant is remanded to the custody of the U.S. Marshal pending further proceedings in this matter.