Opinion
MAGISTRATE JUDGE NO. 2:15-MJ-813
07-02-2015
UNITED STATES OF AMERICA v. RODOLFO MARTINEZ MOLINA
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 has an extensive criminal history including a federal conviction for escape. Further, the defendant has a history of non-compliance with court ordered supervision. The defendant was discharged from parole on February 23, 2015 and it has only taken a matter of months for the defendant to find himself back in court for a felony offense. The defendant has shown an inability or unwillingness to comply with court ordered supervision or otherwise not engage in criminal activity. 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 2nd day of July, 2015.
/s/_________
Jason B. Libby
United States Magistrate Judge