Opinion
Mag. No. 1:13-mj-24
02-12-2013
UNITED STATES OF AMERICA v. ARTURO SANTOS-AYALA
JUDGE CARTER
MEMORANDUM AND ORDER
In accordance with Rules 5 and 5.1 of the Federal Rules of Criminal Procedure and in accordance with the Bail Reform Act, 18 United States Code § 3142(f), the initial appearance, preliminary hearing and detention hearing were held in this action on February 12, 2013. Those present included:
(1) AUSA Perry Piper for the United States of America.
(2) The defendant, ARTURO SANTOS-AYALA.
(3) Attorney Myrlene Marsa for defendant.
(4) Deputy Clerk Kelli Jones.
Upon being sworn the defendant was informed or reminded of his/her privilege against self-incrimination accorded him/her under the 5th Amendment to the United States Constitution.
AUSA Piper moved the court for an order detaining the defendant. The defendant waived his/her detention hearing and preliminary hearing, reserving the right to ask for a detention hearing at a later date.
Findings
Based on the sworn Affidavit/Complaint and defendant's waiver of preliminary hearing and detention hearing, the undersigned finds:
(1) There is probable cause to believe that there have been violations of 8 U.S.C. § 1326(a) and (b), illegal re-entry, committed in the Eastern District of Tennessee.
(2) There is probable cause to believe the defendant committed the aforesaid offenses.
Conclusions
It is therefore ORDERED:
(1) The defendant is DETAINED without bail.
(2) The defendant's next appearance shall be before a U.S. Magistrate Judge at 10:00 a.m. on Wednesday, February 27, 2013.
ENTER.
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UNITED STATES MAGISTRATE JUDGE