Opinion
Case No. SACR 08-215-AHS
11-01-2011
UNITED STATES OF AMERICA, Plaintiff, v. MARCELO MACIAS-ALEJO, Defendant.
ORDER OF DETENTION
[Fed.R.Crim.P. 32.1(a)(6); 18 U.S.C. §3143(a)]
The defendant having been arrested in this judicial district pursuant to a warrant issued by the Honorable Alicemarie H. Stotler, United States District Judge, for an alleged violation of the terms and conditions of the defendant's supervised release; and
The Court having conducted a detention hearing pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a), The Court finds that:
A. (X) The defendant has not met his burden of establishing by clear and convincing evidence that he is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on the defendant's lack of bail resources, lack of a stable residence, status as an illegal alien, use of aliases/name variations, and the nature of the charged offense, which indicates the defendant is unlikely to comply with conditions of release; and
B. (X) The defendant has not met his burden of establishing by clear and convincing evidence that he is not likely to pose a danger to the safety of any other person or the community if released under 18 U.S.C. § 3142(b) or (c). This finding is based on the nature of the charged offense and defendant's criminal history.
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.
ARTHUR NAKAZATO
UNITED STATES MAGISTRATE JUDGE