Opinion
CR 17-290-AB
02-16-2022
UNITED STATES OF AMERICA, Plaintiff, v. FAITH ANN MILLARD, Defendant.
ORDER OF DETENTION
[18 U.S.C. §§ 3148(b), 3143(a)]
ALKA SAGAR, UNITES STATES MAGISTRATE JUDGE
On February 16, 2022, Defendant made her initial appearance - by consent to video teleconference - following her arrest on a bench warrant that was issued on May 12, 2020, for alleged violations of the terms and conditions of pretrial release. Deputy Federal Public Defender ("DFPD") Waseem Salahi specially appeared for DFPD Raul Ayala who was previously appointed to represent Defendant. The government was represented by Assistant U.S. Attorney Kellye Ng-McCullough.
A detention hearing was held.
The Court has reviewed the files and records in this matter, including the report prepared by the Pretrial Services Agency and its recommendation of detention, the petition for violation of pretrial release conditions, and the government's request for detention.
The Court finds, pursuant to 18 U.S.C. § 3148(b), as follows:
1. Based on the factors set forth in 18 U.S.C. § 3142 (g), there is no longer is any condition or combination of conditions of release that will assure that the defendant will not flee or pose a danger to the community or to others if allowed to remain on bail pending future court proceedings.
2 . The Court has taken into account the allegations of defendant's noncompliance with the conditions of pretrial release, which include Defendant's arrest for possession of access card devices on November 25, 2020, and the no bail warrant issued by the California Department of Corrections and Rehabilitation based on Defendant's failure to report as required on May 1, 2020.
The Court finds that there is now a change in circumstances which justifies reconsideration of the decision to allow Defendant to remain on release. The Court now finds that, under the current circumstances, clear and convincing evidence does not exist to show that the defendant is not likely to flee or pose a danger to the community or to others if allowed to remain on bail.
IT THEREFORE IS ORDERED that defendant is remanded to the custody of the United States Marshal for further proceedings forthwith.