Opinion
5:22-MJ-00374-DUTY
06-13-2022
UNITED STATES OF AMERICA, Plaintiff, v. THEODORE JAMES BENNETT, Defendant.
ORDER OF DETENTION PENDING FURTHER REVOCATION PROCEEDINGS (FED. R. CRIM. P. 32.1(a)(6); 18 U.S.C.§3143(a)(1))
KENLY KIYA KATO 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 Southern District of California for alleged violation(s) of the terms and conditions of probation or supervised release; and
Having conducted a detention hearing pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a)(1), 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 the following:
(x) information in the Pretrial Services Report and Recommendation
(x) information in the violation petition and report(s)
(x) the defendant's nonobjection to detention at this time
(x) other: No known bail resources; Unknown background information; Outstanding warrant; Allegations in petition, including, failing to report change of address; failing to complete residential drug treatment; substance abuse
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 the following:
(x) information in the Pretrial Services Report and Recommendation
(X) information in the violation petition and report(s)
(x) the defendant's nonobjection to detention at this time
(X) other: Extensive criminal history; Pending case; Substance abuse
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.