Opinion
23-MJ-4479
01-24-2024
UNITED STATES OF AMERICA, Plaintiff, v. STEPHANIE COX, Defendant.
ORDER OF DETENTION [18 U.S.C. § 3148(B), 3143(A)]
ALKA SAGAR UNITED STATES MAGISTRATE JUDGE
I.
On January 24, 2024, Defendant appeared before the Court on the Petition for Violation of Pretrial Release Conditions and arrest warrant issued on September 13, 2023. Defendant was represented by retained counsel, Ruzanna Poghosyan. The government was represented by Assistant U.S. Attorney Cameron Vanderwall. Defendant submitted on the recommendation, by the Probation and Pretrial Services Officer, that Defendant be detained.
The Court has reviewed the files and records in this matter, including the Petition for violations of conditions of pretrial release, dated September 12, 2023, and the recommendation, by the Probation and Pretrial Services Officer, that Defendant be detained.
The Court finds, pursuant to 18 U.S.C. § 3148(b), as follows:
Based on the factors set forth in 18 U.S.C. § 3142(g), there is no longer any condition or combination of conditions of release that will assure that Defendant will not flee or pose a danger to the community or to others if allowed to remain on bail pending future court proceedings.
The Court has taken into account the allegations of Defendant's noncompliance with the conditions of pretrial release, as alleged in the petition, which include her leaving a substance abuse treatment facility without permission and absconding from supervision.
Thus, the Court finds that there is now a change in circumstances which justifies reconsideration of the decision to allow Defendant to remain on release. The Court finds that, under the current circumstances, clear and convincing evidence does not exist to show that the defendant is not likely to flee or pose a danger to the community or to others if allowed to remain on bail.
IT IS THEREFORE ORDERED that the defendant is remanded to the custody of the U.S. Marshal to be removed to the Eastern District of New York.
The Court directs government counsel to follow up with government counsel in the charging district regarding Defendant's next scheduled date, and provide this information to Defendant's counsel in order to monitor the status of defendant's transportation to, and arrival in, the charging district for her next appearance.