Opinion
2:22-mj-1002
03-14-2022
UNITED STATES OF AMERICA, Plaintiff, v. DANIEL LOPEZ III, Defendant.
ORDER OF DETENTION
PATRICIA DONAHUE, UNITED STATES MAGISTRATE JUDGE
On March 11, 2022, Defendant Daniel Lopez III made his initial appearance on the Complaint filed in this matter. Deputy Federal Public Defender Chad Pennington was appointed to represent Defendant. A detention hearing was held.
[X] On motion of the Government [18 U.S.C. § 3142(f)(1)] in a case allegedly involving any felony that is not otherwise a crime of violence that involves a minor victim, or possession or use of a firearm or destructive device or any other dangerous weapon, or a failure to register under 18 U.S.C. § 2250.
[X] On motion by the Government or on the Court's own motion [18 U.S.C. § 3142(f)(2)] in a case allegedly involving a serious risk that the defendant will flee.
The Court finds that no condition or combination of conditions will reasonably assure:
[X]the appearance of the defendant as required.
[X]the safety of any person or the community. The Court has considered the following:
(a) the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device;
(b) the weight of evidence against the defendant;
(c) the history and characteristics of the defendant; and
(d) the nature and seriousness of the danger to any person or the community.See 18 U.S.C. § 3142(g) The Court also considered all the evidence adduced at the hearing, the arguments of counsel, and the report and recommendation of the U.S. Pretrial Services Agency.
The Court bases its conclusions on the following:
As to risk of non-appearance:
[X] Defendant has an extensive and recent history of substance abuse, and the United States Probation Office alleges that (a) having been ordered to refrain from use of any controlled substances, on or before December 16, 2021, Defendant submitted a urine specimen that tested positive for methamphetamine, amphetamine and TCH metabolite, and (b) on January 18, 2022, he failed to report for intake at an outpatient substance abuse treatment and counseling program as required by the terms and conditions of his supervised release in Case No. 2:16-CR-00048-PA.
[X] The United States Probation Office also alleges that having been ordered by the Court to report to the Probation Officer any change in residence or employment within 10 days, on or about February 3, 2022, Defendant changed his residence and failed to notify the Probation Officer. M Defendant has an extensive criminal history, as set forth below. His repeated inability to comply with the law is one factor showing a substantial risk that he will not appear in court as required.
As to danger to the community:
[X] Defendant has an extensive criminal history, including several convictions involving firearms. He has sustained (a) a February 2017 conviction for felon in possession of firearm and ammunition in violation of 18 U.S.C. § 922(g)(1) in Case No. 2:16-CR-00048-PA; (b) a June 2016 conviction for felon in possession of a firearm in violation of California Penal Code § 29800(A)(1); (c) a July 2011 conviction for possession of a controlled substance while armed in violation of California Health and Safety Code § 11370.1(A); (d) a January 2008 conviction for felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) in this district; (e) April 2006 convictions for receiving a stolen vehicle and felon in possession of a firearm in violation of the California Penal Code; (f) a May 2004 conviction for grand theft auto in violation of the California Penal Code; and (g) a November 1999 conviction for corporal injury to spouse in violation of the California Penal Code.
[X] The Affidavit in support of the Criminal Complaint in this matter alleges that in January 2022, Defendant pointed a gun at his sister with his finger on the trigger and said he was going to shoot her.
[X]The Affidavit in support of the Criminal Complaint also alleges that when Defendant was arrested, he possessed a firearm loaded with .380 caliber ammunition and a backpack containing a baggie with nine rounds of .380 ammunition. He is also alleged to have possessed 4.25 grams of suspected methamphetamine and a pipe in his pocket.
[X] Defendant has an extensive and recent history of substance abuse, as set forth above.
It is therefore ORDERED that Defendant Daniel Lopez III be detained until trial. 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 for the Government, the person in charge of the corrections facility in which 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).