Opinion
CR 17-346-JAK
03-04-2022
UNITED STATES OF AMERICA, Plaintiff, v. DANIEL VOLYNSKY, Defendant.
ORDER OF DETENTION [FED.R. CRIM. P. 32.1(A)(6); 18 U.S.C. § 3143(A)(1)]
ALKA SAGAR UNITED STATES MAGISTRATE JUDGE
I.
On March 4, 2022, Defendant Daniel Volynsky made his initial appearance - by consent to video teleconference - following his arrest on the petition for revocation of supervised release and warrant for arrest issued on September 9, 2021. Deputy Federal Public Defender Jelani Lindsey was appointed to represent Defendant. The government was represented by Assistant U.S. Attorney Juan Rodriguez. Defendant submitted on the recommendation of detention in the Pretrial Services Report.
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: Defendant used methamphetamine and marijuana, in violation of the conditions of supervised release, on multiple dates in June and July 2021, and failed to report for substance abuse counseling on August 23, 2021.
[x] Defendant absconded from supervision
Thus, Defendant has not demonstrated a willingness to abide by court orders and the Court is not convinced that the defendant will abide by its order to appear for future court appearances if released on bail.
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] allegations in the petition (see above), and prior criminal history
III.
IT IS THEREFORE ORDERED that the defendant is remanded to the custody of the U.S. Marshal pending further proceedings in this matter.