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United States v. Hernandez-Perez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


September 22, 2010

UNITED STATES OF AMERICA
v.
ARLENE HERNANDEZ-PEREZ

The opinion of the court was delivered by: C. Darnell Jones, II J.

ORDER

AND NOW, this 22nd day of September, 2010, upon consideration of the Government's Motion for a Stay and Revocation of Release Order, and Appeal Pursuant to 18 U.S.C. § 3145(a) (Dkt. No. 15),*fn1 after an evidentiary hearing and argument of counsel for both parties, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that

(a) the Government has proved by a preponderance of the evidence that no currently proposed condition or combination of conditions will reasonably assure the appearance of Defendant as required;

(b) the Government has proved by clear and convincing evidence that no currently proposed condition or combination of conditions will reasonably assure the safety of other persons and the community, as required by 18 U.S.C. § 3142(e);*fn2

(c) pursuant to 18 U.S.C. § 3145(a)(1), the pre-trial release order issued by United States Magistrate Judge Linda K. Caracappa of the United States District Court for the Eastern District of Pennsylvania on September 16, 2010 is REVOKED;*fn3

(d) Defendant is committed to the custody of the Attorney General for confinement in a correction facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;

(e) Defendant shall be afforded reasonable opportunity for private consultation with counsel; and

(f) 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 in which Defendant is confined shall deliver Defendant to a United States Marshal for purpose of an appearance in connection with a court proceeding.


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