Opinion
CRIMINAL ACTION NO. 2:13-CR-00422-1
06-05-2013
UNITED STATES OF AMERICA v. GEORGE MIGUEL LOPEZ
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 findings and conclusions contained in the Pretrial Services Report and Addendum are adopted. The court further accepts the proffer of defense counsel that the assault charge was dismissed and the defendant has secured employment if released on bond. The defendant was on bond for a serious felony when he committed this offense, reflecting that he is either unwilling or unable to comply with court-ordered conditions of release. He is a poor bond candidate.
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.
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B. JANICE ELLINGTON
UNITED STATES MAGISTRATE JUDGE