Opinion
MAGISTRATE ACTION NO. 2:13-MJ-01104-1
2013-09-18
UNITED STATES OF AMERICA v. GILBERT RODRIGUEZ JR
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL
A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f). The following requires detention of the defendant pending trial in this case:
(1) There is probable cause to believe the defendant committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. § 841(b)(1)(B); and
(2) The defendant has not rebutted the presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.
The evidence against the defendant is substantial. The defendant admitted he was being paid to transport marihuana. The findings and conclusions contained in the Pretrial Services Report are adopted, supplemented by the proffer of defense counsel. The defendant has failed to comply with conditions of release in the past, and is addicted to marihuana, despite previous attempts at treatment. In May of this year, only a few days before his parole was set to expire, he was arrested and convicted of possession of marihuana. He is a poor bond risk.
The defendant is committed to the custody of the United States Marshal or his 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 shall 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 shall deliver the defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding.
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B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE