Opinion
3:23-CR-00087-TLT
05-01-2023
UNITED STATES OF AMERICA, Plaintiff, v. OLVIN OCHOA-CRUZ; DARWIN OCHOA-CRUZ; CARLOS RIVAS Defendants.
[PROPOSED] DETENTION ORDER
HONORABLE THOMAS S. HIXSON UNITED STATES MAGISTRATE JUDGE
On April, 6, 2023, the defendant, Carlos Rivas, made an initial appearance on the indictment charged in the above-captioned case. The government moved for the defendant's pre-trial detention.
The Court held a detention hearing on April 11, 2023. The defendant was present and represented by Assistant Federal Defender Daniel Blank. Assistant United States Attorney Emily R. Dahlke appeared for the government. Both counsel for the government and counsel for the defendant submitted proffers and arguments regarding detention.
Upon consideration of the facts and arguments presented, and for the reasons stated on the record, the Court finds that the government met its burden to prove by a preponderance of the evidence that the defendant is a risk of flight and that no condition or combination of conditions of release will reasonably assure his appearance. Accordingly, the defendant must be detained pending resolution in this matter.
The present order supplements the Court's findings and order at the detention hearing and serves as written findings of fact and a statement of reasons as required by Title 18, United States Code, Section 3142(i)(1). As noted on the record, the Court makes the following findings as the bases for its conclusion: the defendant has minimal ties to the Northern District of California or to the United States; has significant ties to Honduras, including most of his family; and has no bail resources. This finding is made without prejudice to the defendant's right to seek review of defendant's detention or file a motion for reconsideration if circumstances warrant it.
Pursuant to 18 U.S.C. § 3142(i), IT IS ORDERED THAT:
1. The defendant be, and hereby is, committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
2. The defendant be afforded reasonable opportunity for private consultation with counsel; and
3. 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 in which the defendant is confined shall deliver the defendant to an authorized United States Marshal for the purpose of any appearance in connection with a court proceeding.
IT IS SO ORDERED.