Opinion
CRIMINAL NO. 2:18-CR-90-1
03-08-2018
UNITED STATES OF AMERICA v. JULIAN LEANDRO
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 is a serious risk that the defendant will not appear; and
(2) There is a serious risk that the defendant will endanger the safety of another person or the community.
The evidence against the defendant meets the probable cause standard. The defendant is charged with possessing a controlled substance while an inmate at the Federal Correctional Institution in Three Rivers, Texas. Since being charged with the instant offense, the defendant has discharged the prior federal sentence. However, the defendant's noncompliance with prison rules and committing a felony offense while a prisoner is a strong indication the defendant is a poor candidate for bond. The defendant has shown the inability or unwillingness to comply with institutional rules regarding his behavior.
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 8th day of March, 2018.
/s/_________
Jason B. Libby
United States Magistrate Judge