Opinion
18-CR-00230-JLS
03-03-2022
UNITED STATES OF AMERICA, Plaintiff, v. NICHOLAS ELIJAH MARINO, Defendant.
ORDER OF DETENTION AFTER HEARING
[Fed.R.Crim.P. 32.1(a)(6); 18 U.S.C. 3143(a)]
KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE
The defendant having been arrested in Los Angeles, California pursuant to a warrant issued by the United States District Court for the Central District of California for 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 the defendant's burden of establishing by clear and convincing evidence that the defendant is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on
• The defendant's failure to proffer sufficient evidence to meet the defendant's burden on this issue;
• the defendant's history of failures to appear; and
B. (X) The defendant has not met the defendant's burden of establishing by clear and convincing evidence that the defendant 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 defendant's
• failure to proffer sufficient evidence to meet the defendant's burden on this issue;
• criminal history; and
• history of substance abuse.
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.