Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Benegas-Castro

United States District Court, N.D. California, San Francisco Division

November 16, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MARVIN GUSTAVO BENEGAS-CASTRO, Defendant.

          BRIAN J. STRETCH (CABN 163973) United States Attorney BARBARA J. VALLIERE (DCBN 439353) Chief, Criminal Division CHRISTOPHER D. VIEIRA (CABN 273781) Special Assistant United States Attorney Attorneys for United States of America

          [PROPOSED] ORDER OF DETENTION OF DEFENDANT MARVIN GUSTAVO BENEGAS-CASTRO

          HON. JOSEPH C. SPERO UNITED STATES CHIEF MAGISTRATE JUDGE

         The defendant, Marvin Gustavo Benegas-Castro, came before the Court on November 9, 2017, for a detention hearing. The defendant was present and represented by his counsel, Assistant Federal Public Defender Grace DiLaura, and assisted by a Spanish-language interpreter. Special Assistant United States Attorney Christopher Vieira represented the United States.

         The government requested detention, submitting that no condition or combination of conditions would assure the defendant's appearance at future proceedings. Pretrial Services submitted a report recommending detention on the basis that the defendant is a flight risk.

         Upon consideration of the Pretrial Services report, the court file, and the party proffers as discussed below, the Court finds on the present record by a preponderance of the evidence that no condition or combination of conditions would assure the defendant's future appearance. The Court orders the defendant detained.

         The present order supplements the Court's findings at the detention hearing and serves as written findings of fact and statement of reasons as required by 18 U.S.C. § 3142(i).

         The Bail Reform Act of 1984, 18 U.S.C. §§ 3141-3150, sets forth the factors which the Court must consider in determining whether pretrial detention is warranted. In coming to its decision, the Court has considered those factors, paraphrased below:

(1) the nature and seriousness of the offense charged;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person including, among other considerations, employment, past conduct and criminal history, and records of court appearances; and
(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release.

18 U.S.C. §3142(g).

         At the time of his detention hearing, defendant Marvin Gustavo Benegas-Castro was charged in a Complaint with a violation of Title 21, United States Code, Sections 841(a)(1) and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.