Opinion
8:24cr114
07-17-2024
UNITED STATES OF AMERICA, v. CARLOS LOPEZ MONTOYA, Defendant
ORDER OF DETENTION PENDING TRIAL
JACQUELINE M. DELUCA UNITED STATES MAGISTRATE JUDGE
Part I - Eligibility for Detention
Upon the
[X] Motion of the Government attorney pursuant to 18 U.S.C. § 3142(f)(1), the Court held a detention hearing and found that detention is warranted.
[X] Defendant waived a detention hearing at this time and the court found that detention is warranted.
This order sets forth the Court's findings of fact and conclusions of law, as required by 18 U.S.C. § 3142(i), in addition to any other findings made at the hearing.
Part II - Findings of Fact and Law as to Presumptions under § 3142(e)
[X] B. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(3) (narcotics, firearm, other offenses): There is a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community because there is probable cause to believe that the defendant committed one or more of the following offenses:
[X] C. Conclusions Regarding Applicability of Any Presumption Established Above
[X] The defendant has not introduced sufficient evidence to rebut the presumption above, and detention is ordered on that basis. (Part III need not be completed.)
Part III - Analysis and Statement of the Reasons for Detention
Part IV - Directions Regarding Detention
The defendant is remanded to the custody of the Attorney General or to the Attorney General's 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 must 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 must deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding.