Opinion
5:22-cr-00275-MWF
08-08-2024
UNITED STATES OF AMERICA, Plaintiff, v. GUSTAVO GALLARDO Defendant.
ORDER [OF DETENTION] [SETTING CONDITIONS OF RELEASE] AFTER HEARING (18 U.S.C. §3148(B): (ALLEGATIONS OF VIOLATION OF PRETRIAL CONDITIONS OF RELEASE)
DAVID T. BRISTOW UNITED STATES MAGISTRATE JUDGE
A.
On motion of the Government involving an alleged violation of conditions of pretrial release, and a warrant for arrest, B.
The court finds there is:
(1)
(A) (√) Probable cause to believe that the defendant has committed a Federal, State, or local crime while on release and/or
(B) (√) Clear and convincing evidence thatthe defendant has violated any other condition of release; and
(2) (A) (√) Based on the factors set forth in 18 U.S.C. §3142(g). there is nc condition or combination of conditions of release that will assure that the defendant will not flee or pose a danger to the safety oi any other person or the community; or
(B) () The defendant is unlikely to abide by any condition oi combination of conditions of release.
(3) (√) There is probable cause to believe that, while on release, the defendant committed a Federal, State, or local felony, and the presumption that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community has not been rebutted
OR
(4) () The court finds that there are conditions of release that will assure that the defendant will not flee or pose a danger to the safety any other person or the community, and that the defendant will abide by such conditions. See separate Order setting conditions.
() It is further ordered that this order is stayed for72 hours in order to allow the Government to seek review from the assigned distiict judge or criminal duty district judge as appropriate.
OR
C.
(√) IT IS ORDERED defendant be detained prior to trial