Opinion
Case No. SA 11-546-M
11-04-2011
UNITED STATES OF AMERICA, Plaintiff, v. VILMA LUZ GUEVARA, Defendant.
ORDER OF DETENTION [Fed.R.Crim.P. 32.1(a)(6); 18 U.S.C. §3143(a)]
The defendant having been arrested in this judicial district pursuant to a warrant and related order issued by the Honorable Tena Campbell, United States District Judge, of the United States District Court for the District of Utah - Central Division, for an alleged violation of the terms and conditions of the defendant's 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 her burden of establishing by clear and convincing evidence that she is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on defendant's lack of bail resources, and the nature of the charge offense, which indicates the defendant is unlikely to comply with conditions of release; and
B. (X) The defendant has not met her burden of establishing by clear and convincing evidence that 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 nature of the charged offense and her criminal history.
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings in the charging district.
ARTHUR NAKAZATO
UNITES STATES MAGISTRATE JUDGE