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United States v. Moutinho

United States District Court, Northern District of California
Dec 13, 2021
21-mj-71759-MAG (N.D. Cal. Dec. 13, 2021)

Opinion

21-mj-71759-MAG

12-13-2021

UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY MOUTINHO, Defendant.

STEPHANIE M. HINDS Acting United States Attorney HALLIE HOFFMAN Chief, Criminal Division ANKUR SHINGAL Assistant United States Attorney Attorneys for United States of America.


STEPHANIE M. HINDS Acting United States Attorney HALLIE HOFFMAN Chief, Criminal Division ANKUR SHINGAL Assistant United States Attorney Attorneys for United States of America.

[PROPOSED] DETENTION ORDER

JOSEPH C.SPERO United States Chief Magistrate Judge.

On November 8, 2021, defendant Timothy Moutinho was charged by Complaint with possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); and being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1).

This matter came before the Court on December 9 and 13, 2021, for a detention hearing. The defendant was present and represented by Chief Assistant Federal Public Defender Candis Mitchell. Assistant United States Attorney Ankur Shingal appeared for the government. The government moved for detention, and the defendant opposed. At the hearing, counsel submitted proffers and arguments regarding detention. The government also submitted a detention memorandum in support of detention.

Upon consideration of the facts, proffers and arguments presented, and for the reasons stated on the record, the Court finds by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the person as required, and clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of any other person or the community. Accordingly, the defendant must be detained pending trial in this matter.

The present order supplements the Court's findings and order at the detention hearing and serves as written findings of fact and a statement of reasons as required by Title 18, United States Code, Section 3142(i)(1). As noted on the record, the Court makes the following findings as the bases for its conclusion: with respect to the issue of non-appearance, the Court finds pertinent that Moutinho has twice had his parole and probation revoked, that he fled from police prior to being arrested for the charged offense, that the facts of his arrest after he was released from state custody indicate a risk of flight, and that he has numerous pending criminal actions against him. With respect to being a danger to the community, the Court finds pertinent that Moutinho has a substantial criminal history, that he was again arrested in the presence of guns and additional methamphetamine after being released from state custody, and that there is a potential association between the charged firearm and a prior shooting. This finding is made without prejudice to the defendant's right to seek review of defendant's detention, or file a motion for reconsideration if circumstances warrant it.

Pursuant to 18 U.S.C. § 3142(i), IT IS ORDERED THAT:

1. The defendant be, and hereby is, 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;
2. The defendant be afforded reasonable opportunity for private consultation with counsel; and
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 corrections facility in which the defendant is confined shall deliver the defendant to an authorized United States Marshal for the purpose of any appearance in connection with a court proceeding.

IT IS SO ORDERED.


Summaries of

United States v. Moutinho

United States District Court, Northern District of California
Dec 13, 2021
21-mj-71759-MAG (N.D. Cal. Dec. 13, 2021)
Case details for

United States v. Moutinho

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY MOUTINHO, Defendant.

Court:United States District Court, Northern District of California

Date published: Dec 13, 2021

Citations

21-mj-71759-MAG (N.D. Cal. Dec. 13, 2021)