Opinion
MAG. JUDGE NO. 2:17-MJ-117
02-09-2017
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). Detention of the defendant pending trial is necessary because there is a serious risk that the defendant will not appear.
The evidence against the defendant meets the probable cause standard. The defendant is charged with illegally re-entering the United States in violation of 8 U.S.C. § 1326. There is reason to believe the defendant is an alien with no status to remain in the United States lawfully. Therefore, the undersigned finds the defendant to be a flight risk. The findings and conclusions contained in the Pretrial Services Report are adopted.
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 9th day of February, 2017.
/s/_________
Jason B. Libby
United States Magistrate Judge