Opinion
CR 21-305 VC
09-10-2021
UNITED STATES OF AMERICA, Plaintiff, v. MARCUS OLIVER, Defendant.
STEPHANIE M. HINDS, HALLIE HOFFMAN, CHRISTINA LIU Attorneys for United States of America.
STEPHANIE M. HINDS, HALLIE HOFFMAN, CHRISTINA LIU Attorneys for United States of America.
DETENTION ORDER
THE HON. SALLIE KIM, United States Magistrate Judge.
On July 21, 202, defendant Marcus Oliver was charged by complaint with one count of attempted arson, in violation of Title 18, United States Code, Section 844(i). On August 10, 2021, defendant was charged by indictment with the same offense.
This matter came before the Court on September 9, 2021, for a detention hearing. Defendant appeared by videoconference and was represented by his attorney Elisse Larouche. Assistant United States Attorney Christina Liu appeared for the government. The government moved for detention, and defendant opposed. At the hearing, counsel submitted proffers and arguments regarding detention.
Upon consideration of the facts, the government's filing, the Pretrial Services reports, and the 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, 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 18 U.S.C. § 3142(i)(1). As noted on the record, the Court made findings of fact as the basis for its conclusion, including the findings that defendant had failed to report to his state probation officer as required by his state conditions of supervision, and that defendant needed drug treatment but was barred from enrolling in a residential treatment program as a result of the attempted arson charge. These findings are made without prejudice to defendant's right to seek review of defendant's detention, or file a motion for reconsideration if circumstances warrant it.
Pursuant to Title 18, United States Code, Section 3142(i), IT IS ORDERED THAT:
1. 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. 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 defendant to an authorized United States Marshal for the purpose of any appearance in connection with a court proceeding.
IT IS SO ORDERED.