Opinion
3:22-MJ-71520-MAG
01-30-2023
UNITED STATES OF AMERICA, Plaintiff, v. OLVIN ISAAC GUTIERREZ NUNEZ, Defendant.
[PROPOSED] DETENTION ORDER
HONORABLE THOMASK HIXSON, UNITED STATES MAGISTRATE JUDGE
On January 18, 2023, the defendant Olvin Isaac Gutierrez Nunez made an initial appearance on the complaint charged in the above-captioned case. The government moved for the defendant's pre-trial detention.
The Court held a detention hearing on January 25, 2023. The defendant was present and represented by counsel. Assistant United States Attorney Hillary T. Irvin appeared for the government. Both counsel for the government and counsel for the defendant submitted proffers and arguments regarding detention.
Upon consideration of the facts and arguments presented, and for the reasons stated on the record, the Court finds that the government met its burden to prove by clear and convincing evidence that the defendant is a danger to the community and by a preponderance of the evidence that he is a risk of flight, and that there are no conditions of release that will reasonably assure the appearance of the defendant or the safety of the community. Accordingly, the defendant must be detained pending resolution in this matter.
The present order supplements the Court's findings and order at the detention hearing and serves as written findings of fact and a statement of reasons as required by Title 18, United States Code, Section 3142(i)(1). As noted on the record, the Court makes the following findings as the bases for its conclusion: the defendant has at least eight (8) aliases indicating the ability to evade law enforcement, the defendant possessed a large amount of fentanyl, the defendant had an active stay away order from the Tenderloin, and the defendant possessed a firearm and ammunition. These findings are made without prejudice to the defendant's right to seek review of defendant's detention or file a motion for reconsideration if circumstances warrant it.
Pursuant to 18 U.S.C. § 3142(i), IT IS ORDERED THAT:
1. The defendant be, and hereby is, committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
2. The defendant be afforded reasonable opportunity for private consultation with counsel; and
3. 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 in which the defendant is confined shall deliver the defendant to an authorized United States Marshal for the purpose of any appearance in connection with a court proceeding.
IT IS SO ORDERED.