Opinion
24-MJ-3769
07-09-2024
UNITED STATES OF AMERICA, Plaintiff, v. LAUREANO VIVERO, Defendant.
ORDER OF DETENTION
[Fed. R. Crim. P. 32.1 a)(6); 18 U.S.C. §§ 3143(a)(), 3148(b]
ALKA SAGAR, UNITED STATES MAGISTRATE JUDGE.
I.
On June 25, 2024, Defendant Laureano Vivero, assisted by a Spanish language interpreter, made his initial appearance in this district following his arrest on the petition for warrant to revoke supervised release and warrant for arrest issued in the District of Arizona on December 6, 2023. The Court exercised its inherent discretionary authority under 5 U.S.C. § 3109, to appoint Deputy Federal Public Defender, Iboh Umodu, to represent Defendant to serve exclusively on behalf of the Court to protect the integrity and continuity of the proceedings based on Defendant's failure to cooperate by requesting that the Court appoint counsel or retaining counsel or indicating that he wished to represent himself. The government was represented by Assistant U.S. Attorney, Sophia Carrillo. Defendant submitted on the recommendation of detention in the report prepared by U.S. Probation and Pretrial Services. Defendant was remanded to the custody of the U.S. Marshal pending an identity hearing scheduled for July 1, 2024 at 10:00 a.m. The identity hearing was subsequently continued to July 9, 2024 and held on that date. The Court found probable cause to believe that Defendant Laureano Vivero was the person named in the petition filed in the District of Arizona on December 6, 2023.
II.
Pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a) following Defendant's arrest for alleged violation(s) of the terms of Defendant's [ ] probation /[X] supervised release, The Court finds that:
A. [X] Defendant has not carried his burden of establishing by clear and convincing evidence that Defendant will appear for further proceedings as required if released [18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] allegations in the petition: After Defendant was deported from the United States on December 15, 2020, Defendant was arrested for, and charged with, possession of controlled substances, theft of property, and reentry following removal and without authorization in Texas on September 15, 2023.
[X] Defendant's criminal history includes felony convictions for illegal reentry following deportation, and misdemeanor convictions for evading arrest and multiple law enforcement contacts.
[X] Defendant has multiple name variations.
[X] unverified background information
[X] no legal status in the United States
[X] lack of bail resources
B. [X] Defendant has not carried his burden of establishing by clear and convincing evidence that Defendant will not endanger the safety of any other person or the community if released [18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] criminal history - see above
[X] allegations in the petition (see above)
III.
IT IS THEREFORE ORDERED that the defendant is remanded to the custody of the U.S. Marshal to be removed to the District of Arizona.
The Court directs government counsel to follow up with government counsel in the charging district regarding Defendant's next scheduled date, and provide this information to DFPD Umodu and/or DFPD Nadine Hettle (specially appearing for DFPD Umodu) in order to monitor the status of defendant's transportation to, and arrival in, the charging district for his next appearance.
The defendant will be 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. The defendant will be afforded reasonable opportunity for private consultation with counsel. On order of a Court of the United States or on request of any attorney for the Government, the person in charge of the corrections facility in which defendant is confined will deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. [18 U.S.C. § 3142(i)]