Opinion
MAG. JUDGE ACTION 2:22-MJ-00910-1
08-12-2022
UNITED STATES OF AMERICA v. JOSE ALVARENGA-GUTIERREZ
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL
Julie K. Hampton United States Magistrate Judge
A detention hearing was held today in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f). U.S. Border Patrol Agent Caliguiri testified for the government. The following requires detention of the Defendant pending trial in this case:
(1) There are no conditions or combination of conditions that would reasonably assure the appearance of the Defendant as required and the safety of the community.
The evidence against the Defendant meets the probable cause standard. The Defendant currently has an immigration detainer lodged against him, has recent arrest for a similar offense, and the evidence presented today show Defendant's involvement in other alien smuggling ventures. The findings and conclusions contained in the Pretrial Services Report are adopted.
The Defendant is committed to the custody of the United States Marshal 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 1 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 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.
ORDERED. 2