Opinion
CR-23-00159-001-PHX-DWL
03-30-2023
United States of America, Plaintiff, v. Lazaro Rios, Defendant.
DETENTION ORDER
Eileen S. Willett, United States Magistrate Judge
On March 30, 2023, Lazaro Rios (the “Defendant”) appeared before this Court on a Petition to Revoke Conditions of Release. The Court has considered the information provided to the Court and the arguments of counsel in determining whether the Defendant should be released on conditions set by the Court.
The Court makes the following findings under 18 U.S.C. § 3148(b)(1):
[ ] There is probable cause to believe that the Defendant has committed a Federal, State, or local crime while on release.
[X] There is clear and convincing evidence that the Defendant has violated the conditions of release.
The Court makes the following findings under 18 U.S.C. § 3148(b)(2):
[ ] Rebuttable Presumption where Probable Cause to Believe Felony Committed on Pretrial Release. The Defendant has failed to rebut the presumption that no condition or combination of conditions will assure that the Defendant will not pose a danger to the safety of any other person or the community. See 18 U.S.C. § 3148(b)(2) (providing that rebuttable presumption of dangerousness applies if there is probable cause to believe that while on release a defendant has committed a Federal, State, or local felony).
[X] Flight Risk. After considering the factors set forth in 18 U.S.C. § 3142(g), the Court finds by a preponderance of the evidence that there is no condition or combination of conditions of release that will assure that the Defendant will not flee. See 18 U.S.C. § 3148(b)(2)(A); U.S. v. Gotti, 794 F.2d 773, 778 (2nd Cir. 1986) (holding that “findings made under section 3148(b) may be established by a preponderance of the evidence”).
[ ] Dangerousness. After considering the factors set forth in 18 U.S.C. § 3142(g), the Court finds by a preponderance of the evidence that there is no condition or combination of conditions of release that will assure that the Defendant will not pose a danger to the safety of any other person or the community. See 18 U.S.C. § 3148(b)(2)(A); Gotti, 794 F.2d at 778.
[X] Compliance with Conditions. The Court finds by a preponderance of the evidence that the Defendant is unlikely to abide by any condition or combination of conditions of release. See 18 U.S.C. § 3148(b)(2)(B); Gotti, 794 F.2d at 778.
IT IS THEREFORE ORDERED that the Defendant be detained pending further proceedings.