Opinion
CR08-557-JAK
02-01-2021
UNITED STATES OF AMERICA, Plaintiff, v. SHUNTA MONTGOMERY, Defendant.
ORDER OF DETENTION
[Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143(a)(1)]
ALKA SAGAR, UNITED STATES MAGISTRATE JUDGE
I.
On February 1, 2021, Defendant made his initial appearance on the petition for revocation of supervised release and warrant for arrest issued on February 20, 2020. Deputy Federal Public Defender ("DFPD") Kate Morris, specially appeared for DFPD Raul Ayala who was appointed to represent Defendant.
II.
Pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a) following Defendant's arrest for alleged violation(s) of the terms of Defendant's □ probation / [X] supervised release,
The Court finds that:
A. [X] Defendant has not carried his burden of establishing by clear and convincing evidence that Defendant will appear for further proceedings as required if released [18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] allegations in the petition include defendant's failure to reside at residential reentry center, participate in outpatient substance abuse treatment and counseling, report for random drug testing, and particpte in mental health treatment, and absconding from supervision
[X] history of substance abuse
B. [X] Defendant has not carried his burden of establishing by clear and convincing evidence that Defendant will not endanger the safety of any other person or the community if released [18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] allegations in the petition (see above)
III.
IT IS THEREFORE ORDERED that the defendant is remanded to the custody of the U.S. Marshal pending further proceedings in this matter.