Opinion
MJ21-640
12-03-2021
UNITED STATES OF AMERICA, Plaintiff, v. ELAN JOSUE CRUZ CABRERA, Defendant.
Date of Detention Hearing: December 2, 2021.
DETENTION ORDER
S. KATE VAUGHAN United States Magistrate Judge.
The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3143, 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 is alleged to have removed his GPS monitor and fled, and therefore presents a significant risk of flight. Mr. Cruz Cabrera does not contest detention.
2. There does not appear to be any condition or combination of conditions that will reasonably assure the defendant's appearance at future Court hearings while addressing the danger to other persons or the community.
It is therefore ORDERED:
1. Defendant shall be detained pending appearance in the Northern District of California, and committed to the custody of the Attorney General for confinement in a correction facility;
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 Stales Marshal, and to the United States Probation Services Officer.