UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
May 20, 2011
UNITED STATES OF AMERICA,
JUAN JOSE VILLALOBOS LOPEZ, AKA, "JUANITO," DEFENDANT.
The opinion of the court was delivered by: Laurel Beeler United States Magistrate Judge
[PROPOSED] ORDER DETAINING
DEFENDANT JUAN JOSE VILLALOBOS
LOPEZ PENDING TRIAL
Date: April 21, 2011 Time: 9:30 a.m.
Court: Hon. Laurel Beeler
Defendant Juan Jose Villalobos Lopez was charged in a one-count complaint with distribution of methamphetamine in violation of 21 U.S.C. § 841(a)(1).*fn1 The United States moved for defendant's detention pursuant to 18 U.S.C. § 3142, and asked for a detention hearing, as permitted by 18 U.S.C. § 3142(f). Given the nature of the crime charged, there is a rebuttable presumption in this case that no conditions or combination of conditions will reasonably assure the appearance of defendant as required and the safety of any other person and the community. See 18 U.S.C. § 3142(e)(3)(A). On April 21, 2011, following a hearing pursuant to 18 U.S.C. § 3142(f), and considering the Pretrial Services criminal history report, the criminal complaint filed in this case, and the factors set forth in 18 U.S.C. § 3142(g), the Court ordered defendant detained, as no condition or combination of conditions in 18 U.S.C. § 3142(c) will reasonably assure the appearance of defendant as required and the safety of any other person and the community. See 18 U.S.C. §§ 3142(e) and (f); United States v. Motamedi, 767 F.2d 1403, 1406 (9th Cir. 1985).
Specifically, the Court noted defendant's alleged immigration status, the fact that defendant is subject to an Immigration and Customs Enforcement detainer, and the allegations contained in the complaint (including the presumption pursuant to 18 U.S.C. § 3142(e)(3)(A) referenced above).
Defendant did not request a full bail study at this time, such as an interview by Pretrial Services, but reserved the right to present information at a future bail hearing should his circumstances change. See 18 U.S.C. § 3142(f) (a defendant has the right at a section 3142(f) hearing to, with the assistance of counsel, testify, present witnesses, cross-examine adverse witnesses, and present evidence by proffer or otherwise).
Defendant is ordered detained as no condition or combination of conditions in 18 U.S.C. § 3142(c) will reasonably assure the appearance of defendant as required and the safety of any other person and the community. Because defendant waived his right to present information pursuant to 18 U.S.C. § 3142(f) without prejudice to raising any relevant information at a later hearing, the Court orders that the hearing may be reopened at defendant's request at a future time.
Defendant is committed to the custody of the Attorney General or a designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or held in custody pending appeal. See 18 U.S.C. § 3142(i)(2). Defendant must be afforded a reasonable opportunity to consult privately with counsel. See 18 U.S.C. § 3142(i)(3). 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 must deliver defendant to the United States Marshal for a court appearance. See 18 U.S.C. § 3142(i)(4).
IT IS SO ORDERED.