Opinion
2:16-CR-00449-JFW-2
02-24-2022
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL MONARREZ, Defendant.
ORDER OF DETENTION [FED.R. CRIM. P. 32.1(A)(6); 18 U.S.C. § 3143(A)(1)]
MARIA A. AUDERO UNITED STATES MAGISTRATE JUDGE
I.
On February 24, 2022, Defendant Michael Monarrez ("Defendant") appeared before the Court for initial appearance on the petition and warrant for revocation of supervised release issued in this matter, Case No. 2:16-CR-00449-JFW-2. The Court appointed Deputy Federal Public Defender Reid Rowe as counsel for Defendant.
II.
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. [] Defendant submitted to the Government's Request for Detention;
B. [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:
• Nature and history of supervision violation allegations
• Minimal bail resources
• History of drug addition with evidence of recent use
• Mental health concerns
• Unemployed
C. [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:
• Nature and history of supervision violation allegations
• History of drug addiction with evidence of recent use
• Mental health concerns
• Criminal history, including violent and sex offense related charges
III.
IT IS THEREFORE ORDERED that Defendant be detained pending further proceedings.