Opinion
2:16-cr-00452-JAK
06-23-2022
UNITED STATES OF AMERICA, Plaintiff, v. MARLON DAGOBERTO LOPEZ, 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 June 23, 2022, Defendant Marlon Dagoberto Lopez made his initial appearance on the petition for revocation of supervised release and warrant for arrest issued on May 31, 2022. Deputy Federal Public Defender Richard Goldman was specially appointed to represent Defendant for the initial appearance. Deputy Federal Public Defender Lisa Shinar LaBarre, who was previously appointed to represent Defendant in this case, was appointed to represent Defendant for the pending matter. 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 [18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] allegations in the petition include prior violation of conditions of supervised release, termination from a residential reentry center in May 2022 for returning to the facility intoxicated from alcohol use, and multiple failures to report the Probation Office as directed.
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, as set forth above, as well as a felony conviction for assault with a deadly weapon, not a firearm, in 2020.
It is therefore ORDERED that the defendant is remanded to the custody of the U.S. Marshal pending further proceedings in this matter.