Opinion
CR23-053 RAJ
06-14-2023
UNITED STATES OF AMERICA, Plaintiff, v. MATTHEW ANDERSON, Defendant.
DETENTION ORDER
Mary Alice Theiler, United States Magistrate Judge
Offense charged: Conspiracy to Distribute Fentanyl; Possession of Fentanyl with Intent to Distribute; Asset Forfeiture Allegations
Date of Detention Hearing: June 14, 2023.
The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds that no condition or combination of conditions which defendant can meet will reasonably assure the appearance of defendant as required and the safety of other persons and the community.
FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION
1. Defendant has been charged with a drug offense, the maximum penalty of which is in excess of ten years. There is therefore a rebuttable presumption against defendant as to both dangerousness and flight risk, under 18 U.S.C. § 3142(e).
2. Defendant has a lengthy criminal record, including failures to appear with warrant activity. Defendant has a prior record of absconding from supervision, and is alleged to have attempted to flee arrest for the instant charges. There are two active warrants for his arrest, and he is currently on active supervision for state charges. He does not have an appropriate release plan, and does not oppose detention.
3. Taken as a whole, the record does not effectively rebut the presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.
It is therefore ORDERED:
1. Defendant shall be detained pending trial and committed to the custody of the Attorney General for confinement in a correction facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
2. Defendant shall be afforded reasonable opportunity for private consultation with counsel;
3. On order of the United States or on request of an attorney for the Government, the person in charge of the corrections facility in which defendant is confined shall deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding; and
4. The Clerk shall direct copies of this Order to counsel for the United States, to counsel for the defendant, to the United States Marshal, and to the United State Pretrial Services Officer.