Opinion
CRIMINAL ACTION NO. 2:16-CR-191
06-16-2016
UNITED STATES OF AMERICA v. EDWARD LOPEZ JR
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL
A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f). The following requires detention of the Defendant pending trial in this case:
(1) There is probable cause to believe the Defendant committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in 18 U.S.C. . § 2251; and
(2) The Defendant has not rebutted the presumption that no condition or combination of conditions will reasonably assure the appearance of the Defendant as required and the safety of the community.
The evidence against the Defendant meets the probable cause test because an indictment was returned by the Grand Jury. The findings and conclusions contained in the Pretrial Services Report are adopted. The Defendant was brought into federal custody on a writ. He is pending a state court charge for aggravated assault of a child with a $100,000 bond, and he has not made that bond. In addition, the Defendant is facing a fifteen-year minimum mandatory sentence. The issue of detention will be reconsidered if the Defendant can post a bond in his state court case.
The Defendant is committed to the custody of the United States Marshal or his designated representative 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 shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility shall deliver the Defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding.
ORDERED this 16th day of June, 2016.
/s/_________
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE