Opinion
CR 2:19-cr-322-DMG
01-09-2024
UNITED STATES OF AMERICA, Plaintiff, v. JORGE ALBERTO PRADO, Defendant.
ORDER OF DETENTION
[FED. R. CRIM. P. 32.1(A)(6); 18 U.S.C. § 3143(A)(1)]
BRIANNA FULLER MIRCHEFF, UNITED STATES MAGISTRATE JUDGE
On January 9, 2024, Defendant Jorge Alberto Prado made his initial appearance on a pending petition for revocation of supervised release. Mr. Prado submitting on the government's request for detention.
Following an arrest for alleged violation of the terms of supervised release, a defendant bears the burden of establishing, by clear and convincing evidence, that he would not pose a risk of flight or a danger to any other person or the community if released. Fed. R. Crim. P. 32.1(a)(6). The Court finds that Mr. Prado has not carried that burden. At present, Mr. Prado does not have a stable residence, has unknown bail resources, and has sustained several violations for failure to comply with the conditions of release. Based on the information before the Court at this point, it does not appear that there are additional conditions that could be added that would protect the safety of the community or ensure Mr. Prado's appearance as required.
IT IS THEREFORE ORDERED that Mr. Prado is remanded to the custody of the U.S. Marshal pending further proceedings in this matter.