Opinion
2:24-MJ-02009
04-05-2024
UNITED STATES OF AMERICA. Plaintiff, v. MATTHEW FERNANDEZ, 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 April 5, 2024, Defendant Matthew Fernandez made his initial appearance in this district following his arrest on the petition for revocation of supervised release and warrant for arrest issued in the District of New Mexico on May 15, 2023. Defendant submitted on the detention recommendation in the Pretrial Services Report.
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. See 18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] allegations in the petition- defendant is charged with failing to comply with drug testing requirements, failing tc participate in substance abuse treatment, and failing to report to his assigned residential reentry center, and was unsuccessfully terminated from a residential reentry center;
[X] history of noncompliance while under supervision.
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. See 18 U.S C § 3142(b-c). This finding is based on:
[X] nature of his most recent conviction; allegations in the petition (see above)
It is therefore ORDERED that Defendant Matthew Fernandez is remanded to the custody of the U.S. Marshal to be transported to the United States District Court for the District of New Mexico for further proceedings. Both government counsel and counsel for the Defendant are directed to follow up with government counsel in the charging district regarding the Defendant's next scheduled appearance, and the status of the Defendant's transportation to, and arrival in, the charging district for the appearance.
The Defendant will be committed to the custody of the Attorney General 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 will be afforded reasonable opportunity for private consultation with counsel. On order of a Court of the United States or on request of any attorney foi the Government, the person in charge of the corrections facility in which the Defendant is confined will deliver the Defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. See 18 U.S.C. § 3142(i).