Opinion
CR 17-00018-CAS
01-11-2024
UNITED STATES OF AMERICA, Plaintiff, v. JOSE ARVISO, 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 January 11, 2024, Defendant Jose Arviso appeared before this Court following his arrest on the bench warrant issued on November 27, 2023, due to Defendant's failure to appear before the Court at a final revocation hearing.
Peter Swarth, a member of the indigent defense panel, was appointed to represent Defendant. The government was represented by Assistant U.S. Attorney Kedar Bhatia. A detention hearing was held.
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] the petition alleges that Defendant failed to comply with supervised release conditions by failing to appear in Court, failing to report for drug testing, and testing positive for the use of controlled substances, failing to contact his Probation Officer and respond to the Probation Officer's attempts to contact Defendant, and absconding from supervision.
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);
[X] criminal history includes multiple attempts to evade law enforcement, violations of court orders including revocations of parole, continued criminal conduct while on supervision.
III
IT IS THEREFORE ORDERED that the defendant is remanded to the custody of the U.S. Marshal pending further proceedings in this matter.