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Order — No. 1:23-cr-00583 (Dkt. 2, N.D. Ill.)

Summary

An order in United States v. Michael Scott, Case No: 1:23-cr-00583-1, in the U.S. District Court for the Northern District of Illinois, filed November 1, 2023 as Document 2 (1 page) and signed by Magistrate Judge Gabriel A. Fuentes. It records an initial appearance and removal proceedings on November 1, 2023, after the defendant's October 31, 2023 arrest on an indictment and warrant issued in the Southern District of Indiana. The Court appoints a Federal Defender Program attorney for the removal proceedings, grants the government's oral motion for detention on the defendant's without-prejudice waiver, finds identity, and remands him to the custody of the U.S. Marshal's Service for transport to the Southern District of Indiana.

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“Order — No. 1:23-cr-00583 (Dkt. 2, N.D. Ill.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-1-23-cr-00583-dkt-2-n-d-ill-b9556854cc/, SHA-256 a0551d6555bd153d43157d24997a3bc8ce3cb05dee0571366c4a12c03d695e4a.

Full text

       Case: 1:23-cr-00583 Document #: 2 Filed: 11/01/23 Page 1 of 1 PageID #:5




                     IN THE UNITED STATES DISTRICT COURT FOR
                        THE NORTHERN DISTRICT OF ILLINOIS

        United States of America               )
                Plaintiff(s),                  )
                                               )          Case No: 1:23-cr-00583-1
                    v.                         )          Magistrate Judge Gabriel A. Fuentes
                                               )
        Michael Scott                          )
               Defendant(s),                   )

                                            ORDER

         Initial appearance and removal proceedings held in open court on 11/1/23. Defendant
Michael Scott appears in response to an arrest on 10/31/23 pursuant to an indictment and arrest
warrant issued in the Southern District of Indiana. Based on review of the tendered financial
affidavit, the Court appoints Jasmine Johnson of the Federal Defender Program as defendant’s
attorney for purposes of the removal proceedings in the Northern District of Illinois only. Defendant
advised of charges and informed of his rights and of prosecutorial obligations per Rule 5(d) and (f),
including the provisions of Rule 20. The government makes an oral motion for detention. The
government states that the detention hearing must be held per 18 U.S.C. § 3142(f)(1)(E). Defendant
did not object to the government’s Section 3142(f)(1)(E) proffer, and the Court finds that a
detention hearing is required to be held on the government’s motion. Detention hearing held.
Defendant waived his right to contest detention in this district. Defendant Scott's waiver is without
prejudice to his right to oppose the government’s detention motion and to argue for release on bond
at a detention hearing at a later date. With defendant having waived without prejudice his right to
object to or contest detention, the Court held the detention hearing, see United States v. Donley, No.
23 CR 511, 2023 WL 6623549, at *7 (N.D. Ill. Oct. 11, 2023), and finds that for the reasons stated
on the record and in the accompanying Detention Order, the government, without defense objection,
established by a preponderance of the evidence that no release conditions or set of conditions will
reasonably assure defendant’s appearance in court as required. No findings were made as to
community safety. The government’s oral motion for pretrial detention is granted. Enter Detention
Order. Defendant waives the identity hearing. The Court enters a finding of identity. Terminated
defendant Michael Scott. Accordingly, without prejudice to any position defendant might take at a
detention hearing in the Southern District of Indiana, defendant is remanded to the custody of the
U.S. Marshal’s Service under further order of court so that he may be transported in custody to that
district for such hearing. Further, the Court found that under Fed. R. Crim. P. 5(c)(3)(D), grounds
exist for transfer and commitment of this matter to the Southern District of Indiana for reasons
stated on the record, including defendant’s waiver of his right to an identity hearing.

(00:25 IA/Rule 5)
(00:05 DH)

  Date: 11/1/2023                                              /s/ _______________________
                                                               Gabriel A. Fuentes
                                                               United States Magistrate Judge

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