Opinion
Case No.: CR 13-mj-70494 MAG-1
05-10-2013
UNITED STATES OF AMERICA, Plaintiff, v. AHUIZOTL MENDOZA-BAHENA, Defendant.
DETENTION ORDER
I. DETENTION ORDER
Defendant Ahuizotl Mendoza-Bahena is charged in a complaint with a violation of 18 U.S.C. § 841(a)(1)(possession with intent to distribute methamphetamine). At the May 10, 2013 hearing before this
Court, Defendant was in custody and represented by Federal Public Defender Joyce Leavitt. Assistant United States Attorney Aaron Wegner appeared on behalf of the United States.
Defendant waived the timing of his right to proffer information at a detention hearing, see 18 U.S.C. § 3142(f), and also waived findings, while retaining his right to seek release at a later hearing should his circumstances change. The Court notes that Defendant is subject to an immigration detainer issued by U.S. Immigration and Customs Enforcement.
II. CONCLUSION
The Court hereby detains Defendant, but because he has waived his right to present information under 18 U.S.C. § 3142(f) without prejudice to raising relevant information at a later hearing, the Court orders that the hearing may be reopened at Defendant's request at any future time.
Defendant shall remain 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. Defendant shall be afforded reasonable opportunity for private consultation with 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 in which Defendant is confined shall deliver Defendant to a United States marshal for the purpose of an appearance in connection with a court proceeding.
IT IS SO ORDERED.
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KANDIS A. WESTMORE
United States Magistrate Judge