Opinion
2:22-cr-00031-DMG
02-10-2022
UNITED STATES OF AMERICA, Plaintiff, v. David Silva Benavides, Defendant.
ORDER OF DETENTION AFTER HEARING
[FED. R. CRIM. P. 32.1(A)(6); 18 U.S.C. § 3143(A)]
KAREN E. SCOTT, UNITED STATES MAGISTRATE JUDGE
The defendant having been arrested in this District pursuant to a warrant issued by the United States District Court for the District of Arizona, for alleged violation(s) of the terms and conditions of his supervised release; and
The Court having conducted a detention hearing pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a), The Court finds that: A.
(X) The defendant has not met his/her burden of establishing by clear and convincing evidence that he/she is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on family ties to Mexico; underlying § 1326 Re-entry conviction indicating lack of legal status in U.S. and/or B. (X) The defendant has not met his/her burden of establishing by clear and convincing evidence that he/she is not likely to pose a danger to the safety of any other person or the community if released under 18 U.S.C. § 3142(b) or (c). This finding is based on prior felony convictions
IT THEREFORE IS ORDERED that the defendant be detained pending further revocation proceedings.