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16-125 - USA v. BARRERAS et al


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16-125 - USA v. BARRERAS et al
March 2, 2016
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ORDER as to JOSE LUIS BARRERAS (1). The Court finds that Mr. Barreras has not presented adequate evidence to rebut the presumption of detention when a crime of this nature is involved, and given his personal history and characteristics. The presumption remaining, the Government has established by a preponderance of the evidence that there are no conditions of release that would reasonably assure Mr. Barreras's appearance. Accordingly, the Court GRANTS the Government's Motion for Reconsideration of Release Order, [Filing No. 16], REVERSES the decision of the Magistrate Judge, and ORDERS that Mr. Barreras be remanded to the custody of the United States Marshal pending his trial. The Court further ORDERS that Mr. Barreras: (1) shall be held in a correctional facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; (2) shall be afforded reasonable opportunity for private consultation with counsel; and (3) shall, on order of the Court or on request of an attorney for the Government, be delivered to the United States Marshal by the correctional facility for appearances in connection with a court proceeding. Signed by Judge Jane Magnus-Stinson on 3/2/2016. (BGT)