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Texas Cases January 22, 2021: United States v. Bazan

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Court: U.S. District Court — Southern District of Texas
Date: Jan. 22, 2021

Case Description

UNITED STATES OF AMERICA
v.
JOSH BAZAN

CR ACTION NO. 2:20-CR-1366

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

January 22, 2021

MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL

A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f). The following requires detention of the defendant pending trial in this case:

(1) There is probable cause to believe the defendant committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. § 841(b)(1)(B); and

(2) The defendant has not rebutted the presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.

The evidence against the defendant meets the probable cause standard. The defendant has a lengthy history of non-compliance with court ordered supervision and a serious substance abuse problem. Additionally, the defendant is currently on bond for a state felony offense and has recently failed to report as required. The state authorities will be pursuing a warrant. The defendant has shown he is either unable or unwilling to

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comply with court ordered supervision. He is a poor candidate for bond and is ORDERED detained pending trial. The findings and conclusions contained in the Pretrial Services Report are adopted.

The defendant is committed to the custody of the United States Marshal or his designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded a reasonable opportunity for private consultation with defense counsel. 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 shall deliver the defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding.

ORDERED this 22nd day of January 2021.

/s/ _________
Jason B. Libby
United States Magistrate Judge