Opinion
3:23-MJ-71564-MAG 3:23-cr-00385-VC
10-26-2023
UNITED STATES OF AMERICA, Plaintiff, v. ELTHON TURCIOS-HERNANDEZ, Defendant.
DETENTION ORDER
HONORABLE SALLIE KIM, UNITED STATES MAGISTRATE JUDGE
On October 18, 2023, defendant Elthon Turcios-Hernandez was charged by Complaint with distributing fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).
This matter came before the Court on October 25, 2023, for a detention hearing. The defendant was present and represented by defense counsel, Angela Chuang. Assistant United States Attorney George Hageman appeared for the government. The government moved for detention, and the defendant opposed. At the hearing, counsel submitted proffers and arguments regarding detention.
Upon consideration of the facts, proffers and arguments presented, and for the reasons stated on the record, the Court finds by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the person as required. Accordingly, the defendant must be detained pending trial in this matter.
At the hearing, Defendant waived written findings of fact and a statement of reasons as required by Title 18, United States Code, Section 3142(i)(1).
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.