Opinion
23-167-JHC
10-24-2023
UNITED STATES OF AMERICA, Plaintiff, v. LOREASA JOSEPH MISIPATI, Defendant.
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 possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking offense. Defendant has an extension criminal history and is currently on supervised release for a felon in possession of firearm conviction in this district. The record shows Defendant absconded from supervision in 2022. In light of these factors, and based upon what has been presented, the Court finds Defendant has failed to overcome the presumption that he is both a flight risk and a danger to the community.
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.