Opinion
MAGISTRATE ACTION NO. 2:13-MJ-01173-1
2013-09-25
UNITED STATES OF AMERICA v. BERNARDO SALINAS III
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 a serious risk that the defendant will not appear; and
(2) There is a serious risk that the defendant will endanger the safety of another person or the community.
The evidence against the defendant meets the probable cause standard. The findings and conclusions contained in the Pretrial Services Report are adopted. The Defendant was on both a felony and a misdemeanor bond when he committed this offense, reflecting that he is either unwilling or unable to comply with court-ordered conditions of release. Because of the age of the felony bond, this detention order is entered without prejudice to the Defendant's right to file a motion for bond if he is able to show proof that no charges will be filed by the District Attorney and the bond has been exonerated.
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