Opinion
CR 24-0047-FMO
01-24-2024
UNITED STATES OF AMERICA, Plaintiff, v. MAX ROMAN-BETANCOURT, Defendant.
ORDER OF DETENTION
ALKA SAGAR UNITED STATES MAGISTRATE JUDGE
I.
On January 24, 2024, Defendant made his initial appearance on the indictment filed in this matter. John Robertson., a member of the indigent defense panel, was appointed to represent Defendant subject to contribution payment from Defendant. The government was represented by Assistant United States Attorney Miri Song. A detention hearing was held.
[X] On motion of the Government [18 U.S.C. § 3142(f)(1)] in a case allegedly involving a narcotics or controlled substance offense with maximum sentence of ten or more years.
[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 concludes that the Government is entitled to a rebuttable presumption that no condition or combination of conditions will reasonably assure the defendant's appearance as required and the safety or any person or the community [18 U.S.C. § 3142(e)(2)], II.
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.
III.
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 and the arguments of counsel, and the report and recommendation of the U.S. Pretrial Services Agency, issued on November 15, 2023 (at Defendant's initial appearance) and on November 20, 2023, at the detention hearing.
IV.
The Court bases its conclusions on the following:
As to risk of non-appearance:
[X] Defendant is a citizen of Mexico, has family ties to Mexico, and has traveled to Mexico, and was previously deported to Mexico.
[X] Background information is unverified
[X] Defendant professes to be employed as a driver but does not have a valid driver's license.
[X] No confirmed sureties.
[X] History of Substance abuse
[X] Unrebutted Presumption.
As to danger to the community:
[X] allegations in the indictment include Defendant's involvement in a conspiracy to possess with intent to distribute fentanyl, cocaine and methamphetamine; Defendant is alleged to have directed the delivery of drugs to his personal residence
[X] admitted drug use
[X] criminal history includes deportation to Mexico and arrest for domestic violence.
[X] Unrebutted Presumption.
V.
IT IS THEREFORE ORDERED that the defendant be detained until trial. The 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)]