Opinion
MAGISTRATE NO. 2:18-MJ-3402
08-29-2018
UNITED STATES OF AMERICA v. DIANNA GARZA
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 are no conditions or combination of conditions that would reasonably secure the presence of the Defendant; and
(2) There are no conditions or combination of conditions that will reasonably assure the safety of the community.
The evidence against the Defendant meets the probable cause standard. The findings and conclusions contained in the Pretrial Services Report are adopted. The Defendant is homeless and her background information has not been verified. In fact she claimed she did not want her family contacted. Without a family member stepping forward to verify her information, provide a suitable residence, to suggest a third party custodian and conditions, the motion for detention is Granted. This order is entered without prejudice to the Defendant's right to request that detention be re-opened and the matter of bond be reconsidered.
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 29th day of August, 2018.
/s/_________
B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE