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United States of America v. Jose R. Arellano Guerra

United States District Court Northern District of California


March 27, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE R. ARELLANO GUERRA, DEFENDANT.

The opinion of the court was delivered by: Kandis A. Westmore United States Magistrate Judge

ORDER OF DETENTION PENDING SUPERVISED RELEASE VIOLATION HEARING

On May 5, 2005, Defendant Jose Arellano Guerra was convicted of a violation of 21 U.S.C. § 846 (conspiracy to possess with intent to distribute five kilograms or more of cocaine). 14 He was sentenced to 70 months of custody and five years of supervised release. 15 The Form 12 presently before the Court alleges that Defendant violated the following 13 16 condition of his supervised release: that he not commit a new federal, state, or local crime. 17

At the March 27, 2013 hearing before this Court, Defendant, who was in custody and 18 represented by Assistant Federal Defender Joyce Leavitt, waived his right to proffer information 19 at a detention hearing, while retaining his right to seek release at a later hearing should his 20 circumstances change. Assistant United States Attorney Andew Huang appeared on behalf of the 21 United States. Probation officer Alexander Bonneville was also present. The Court notes that 22 Defendant is subject to an immigration detainer issued by U.S. Immigration and Customs 23 Enforcement ("ICE") in Riverside. 24

The Court hereby detains Defendant, but because he has waived his right to present 25 information under 18 U.S.C. § 3143(a)(1) without prejudice to raising relevant information at a 26 later hearing, the Court orders that the hearing may be reopened at Defendant's request at any 27 future time. 28

Defendant shall remain committed to the custody of the Attorney General for confinement 2 in a corrections facility separate, to the extent practicable, from persons awaiting or serving 3 sentences or being held in custody pending appeal. Defendant shall be afforded reasonable 4 opportunity for private consultation with counsel. On order of a court of the United States or on 5 request of an attorney for the Government, the person in charge of the corrections facility in 6 which Defendant is confined shall deliver Defendant to a United States marshal for the purpose of 7 an appearance in connection with a court proceeding. 8

IT IS SO ORDERED.

20130327

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