Opinion
MAGISTRATE JUDGE NO. 2:15-MJ-01657-1
12-04-2015
UNITED STATES OF AMERICA v. JOHN RAY BENAVIDES
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL
A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f). The following requires detention of the Defendant pending trial in this case:
(1) There is a serious risk that the Defendant will not appear; and
(2) There is a serious risk that the Defendant will endanger the safety of another person or the community.
The evidence against the Defendant meets the probable cause standard. The findings and conclusions contained in the Pretrial Services Report are adopted, supplemented by the testimony of the Defendant's mother. While the Defendant has a supportive family, his criminal history indicates that he has been unable in the past to comply with court-ordered conditions of release. He also has ties to a prison gang, has been unwilling to seek employment, and has used illegal substances within the last month. The Defendant is a poor bond candidate.
The Defendant is committed to the custody of the United States Marshal or his designated representative 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 shall be afforded a reasonable opportunity for private consultation with defense counsel. 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 shall deliver the Defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding.
ORDERED this 4th day of December, 2015.
/s/_________
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE