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United States v. Villalpando

UNITED STATES DISTRICT COURT THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 12, 2013
Case Number 13mj70275HRL (N.D. Cal. Mar. 12, 2013)

Opinion

Case Number 13mj70275HRL

03-12-2013

UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL VILLALPANDO Defendant.


ORDER OF DETENTION PENDING TRIAL

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing was held on March 12, 2013. Defendant was present, represented by his attorney Dan Barton (CJA). The United States was represented by Assistant U.S. Attorney Stephen Meyer. P ART I. P RESUMPTIONS A PPLICABLE

/ / The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and the defendant has been convicted of a prior offense described in 18 U.S.C. § 3142(f)(1) while on release pending trial for a federal, state or local offense, and a period of not more than five (5) years has elapsed since the date of conviction or the release of the person from imprisonment, whichever is later.

This establishes a rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of any other person and the community.

/X/ There is probable cause based upon (the indictment) (the facts found in Part IV below) to believe that the defendant has committed on offense

A. X for which a maximum term of imprisonment of 10 years or more is prescribed in 21 U.S.C. § 801 et seq., § 951 et seq., or § 955a et seq., OR
B. X under 18 U.S.C. § 924(c): use of a firearm during the commission of a felony.

This establishes a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.

/ / No presumption applies. P ART II. R EBUTTAL OF P RESUMPTIONS, I F A PPLICABLE

/X/ The defendant has not come forward with sufficient evidence to rebut the applicable _______________ therefore will be ordered detained.

/ / The defendant has come forward with evidence to rebut the applicable presumption[s] to wit: .

Thus, the burden of proof shifts back to the United States.
P ART III. P ROOF ( W HERE P RESUMPTIONS R EBUTTED OR I NAPPLICABLE)

/ / The United States has proved to a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required, AND/OR

/ / The United States has proved by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of any other person and the community. P ART IV. W RITTEN F INDINGS OF F ACT AND S TATEMENT OF R EASONS FOR D ETENTION

/ / The Court has taken into account the factors set out in 18 U.S.C. § 3142 (g) and all of the information submitted at the hearing and finds as follows:

/X/ Defendant, his attorney, and the AUSA have waived written findings. P ART V. D IRECTIONS R EGARDING DETENTION

The defendant is committed to the custody of the Attorney General or his designated representative 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 shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on the request of an attorney for the Government, the person in charge of the corrections facility shall deliver the defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding.

________________

HOWARD R. LLOYD

United States Magistrate Judge
AUSA ________, ATTY ________, PTS ____


Summaries of

United States v. Villalpando

UNITED STATES DISTRICT COURT THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 12, 2013
Case Number 13mj70275HRL (N.D. Cal. Mar. 12, 2013)
Case details for

United States v. Villalpando

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL VILLALPANDO Defendant.

Court:UNITED STATES DISTRICT COURT THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Mar 12, 2013

Citations

Case Number 13mj70275HRL (N.D. Cal. Mar. 12, 2013)