Opinion
MAG. JUDGE NO. 2:16-MJ-1101-1
09-13-2016
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL
A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f). The following requires detention of the defendant pending trial in this case:
(1) There is a serious risk that the defendant will not appear; and
(2) There is a serious risk that the defendant will endanger the safety of another person or the community.
The evidence against the defendant meets the probable cause standard. The defendant is required to register as a sex offender. The Pretrial Services report indicates the defendant is not in compliance with his registration and therefore he is a poor candidate for bond. However, the defendant may move to re-open the detention hearing if he is able to establish that he is, and has been, in compliance with his registration requirements. 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 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 this 13th day of September, 2016.
/s/_________
Jason B. Libby
United States Magistrate Judge