Opinion
1:19CR3-LG-RHW-1
03-20-2023
UNITED STATES OF AMERICA v. DAMION XAVIER GIGLIO
ORDER DENYING RENEWED MOTION FOR BOND PENDING REVOCATION HEARING
LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE
BEFORE THE COURT is the [58] Renewed Motion for Bond Pending Revocation Hearing filed by the defendant, Damion Xavier Giglio. After reviewing the Motion and the record in this matter, the Court finds that Giglio has failed to demonstrate by clear and convincing evidence that he is not likely to flee or pose a danger to the safety of any other person or the community if released. See 18 U.S.C. § 3143(a)(1); see also Fed. R. Crim. P. 32.1(a)(6). Moreover, pursuant to 18 U.S.C. § 3583(g) revocation of supervised release followed by a term of imprisonment is mandatory for possession of a controlled substance or possession of a firearm.
The amended petition for revocation of supervised release alleges controlled substance and firearms possession violations.
IT IS THEREFORE ORDERED AND ADJUDGED that the [58] Renewed Motion for Bond Pending Revocation Hearing filed by the defendant, Damion Xavier Giglio is DENIED. Giglio shall remain in the custody of the U.S. Marshal pending further order of the Court.
SO ORDERED AND ADJUDGED this the 20th day of March, 2023