Opinion
8:24cr117
07-17-2024
UNITED STATES OF AMERICA, v. MATEO TORRES-DIEGO, 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 or Court's own motion pursuant to 18 U.S.C. § 3142(f)(2), the Court held a detention hearing and 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] 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
[x] By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community.
[x] By a preponderance of evidence that no condition or combination of conditions of release will reasonably assure the defendant's appearance as required.
[x] Prior criminal history
[x] History of violence or use of weapons
[x] Lack of legal status in the United States
[x] Subject to removal or deportation after serving any period of incarceration
[x] Background information unknown or unverified
[x] The nature and circumstances of the offense charged.
No information regarding any employment or stable residence for Defendant
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.