Opinion
CR23-90-JHC
06-12-2023
DETENTION ORDER
BRIAN A. TSUCHIDA, UNITED STATES MAGISTRATE JUDGE
The Court has conducted a detention hearing under 18 U.S.C. § 3142(f), and concludes there are no conditions which the defendant can meet which would reasonably assure the defendant's appearance as required or the safety of any other person and the community.
FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION
Defendant is charged with wire fraud and money laundering. Defendant has two convictions for robbery committed prior to the age of 18, and a conviction for assault in the third degree committed after the age of 18. His criminal history is lengthy. His history of appearing for court hearings is poor. Over thirty warrants for his arrest were issued due to failures to appear. He currently has an active warrant issued by the state department of corrections. Defendant's performance on state supervision is problematic. He has been returned to custody five times due to violations, and absconded supervision in 2020. The current allegations appear to have occurred while he was on active state supervision. The government proffered that it was difficult to apprehend Defendant because of his use of phone numbers and cars that are registered to other individuals.
It is therefore ORDERED:
(1) Defendant shall be detained pending trial and committed to the custody of the Attorney General for confinement in a correctional facility separate, to the extent practicable, from persons awaiting or serving sentences, or being held in custody pending appeal;
(2) Defendant shall be afforded reasonable opportunity for private consultation with counsel;
(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 correctional 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 provide copies of this order to all counsel, the United States Marshal, and to the United States Probation and Pretrial Services Officer.