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United States v. Robles

June 11, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MAGON ROBLES, DEFENDANT.



The opinion of the court was delivered by: Honorable Carolyn Turchin United States Magistrate Judge

ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW

The parties last appeared before the court in this matter on June 3, 2009, for a hearing on a motion for an order to show cause why defendant Magon Robles' bond should not be revoked. Defendant Robles was present at the hearing and represented by his attorney of record, Austin Dove. The government was represented by Assistant United States Attorney Lawrence S. Middleton. The court, after carefully considering the evidence presented at the hearing and the oral arguments presented by counsel, ordered that defendant's bond be revoked and that he be detained pending sentencing. In conjunction with that order, the court hereby makes the following Findings of Fact and Conclusions of Law.

Findings of Fact

1. Defendant Robles was previously brought before the court on a motion to show cause on March 31, 2009, the date of his guilty plea, also for failure to comply with the terms and conditions of his supervision.

2. At the March 31, 2009 hearing on the motion for an order to show cause, the court admonished defendant that he was to comply with the terms and conditions of his release. The court also advised defendant of the consequences of his failure to comply.

3. Defendant entered a plea of guilty on March 31, 2009, and since that time, has been free on bond pending sentencing.

4. Since his guilty plea, defendant has continued to violate the terms and conditions of his release. Specifically, as established by Government's Exhibit 1 and the testimony of the Pretrial Services Officer presented at the June 3, 2009 hearing, defendant's violations include, among others, the following:

a. On April 2, 2009, defendant failed to report to Detection and Treatment Resources ("DTR") for drug testing;

b. On April 6, 2009, defendant failed to report to the Pretrial Services Officer by telephone;

c. On April 7, 2009, defendant failed to report to DTR for drug testing;

d. On April 17, 2009, defendant failed to report to DTR for drug testing;

e. On April 17, 2009, defendant failed to report in person to the Pretrial Services Officer;

f. On April 21, 2009, defendant failed to report to DTR for drug testing;

g. On April 21, 2009, at the Pretrial Services Office, defendant failed to provide a urine ...


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