Opinion
2:23-mj-06522
01-03-2024
UNITED STATES OF AMERICA, Plaintiff, v. ADRIAN DAMICO MOON, Defendant.
ORDER OF DETENTION
HON. PATRICIA DONAHUE UNITED STATES MAGISTRATE JUDGE
On December 20, 2023, Defendant Adrian Damico Moon made his initial appearance in this district on the Superseding Information filed in the Superior Court of the District of Columbia, Criminal Division. Deputy Federal Public Defender Alejandro Barrientos appeared as stand-by counsel, as Defendant sought to represent himself. A detention hearing was held.
[X] On motion by the Government or on the Court's own motion [18 U.S.C. § 3142(f)(2)] in a case allegedly involving a serious risk that the defendant will flee.
The Court finds that no condition or combination of conditions will reasonably assure:
[X] the appearance of the defendant as required.
[X] the safety of any person or the community.
The Court has considered: (a) the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device; (b) the weight of evidence against the defendant; (c) the history and characteristics of the defendant; and (d) the nature and seriousness of the danger to any person or the community. [18 U.S.C. § 3142(g)] The Court also considered all the evidence adduced at the hearing, the arguments of counsel, and the report and recommendation of the U.S. Pretrial Services Agency.
The Court bases its conclusions on the following:
As to risk of non-appearance:
[X] Multiple recent charges of failure to appear;
[X] Prior supervision violations (09/2018, 09/2019, 11/2019, 01/2020);
[X] Felony convictions for offer false/forge instruments, forgery, grand theft, false checks, offering false evidence, and preparing false evidence (2009);
[X] Felony perjury conviction (2007);
[X] In addition, at the identity hearing on January 3, 2024, one of the arresting deputies testified that when law enforcement arrived at Defendant's residence, Defendant fled and was arrested following a pursuit.
As to danger to the community:
[X] Defendant is listed as the restrained party in (1) an active protection order issued on June 29, 2022, and expiring on June 29, 2027, (2) an active protection order issued on March 31, 2023 and expiring on March 30, 2025, and (3) a workplace violence order issued on August 25, 2022 and expiring on August 25, 2025. The protected parties are three separate individuals.
[X] Violation of court order to prevent domestic violence (03/23/09);
[X] In addition, at the identity hearing on January 3, 2024, one of the arresting deputies testified that when law enforcement arrived at Defendant's residence, Defendant fled and was arrested following a pursuit.
IT IS THEREFORE ORDERED that Defendant be detained until trial and be transported expeditiously to the District of Columbia for all further proceedings in this matter in the Superior Court of the District of Columbia.
Defendant will be 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. The defendant will be afforded reasonable opportunity for private consultation with counsel. On order of a Court of the United States or on request of any attorney for the Government, the person in charge of the corrections facility in which defendant is confined will deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. [18 U.S.C. § 3142(i)]