United States v. Herrera

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ERIC ALBERTO HERRERA, Defendant.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Nov 4, 2015

CR 15-449-AB (C.D. Cal. Nov. 4, 2015)

Opinion

UNITED STATES OF AMERICA, Plaintiff, v. ERIC ALBERTO HERRERA, Defendant. No. CR 15-449-AB United States District Court, C.D. California. November 4, 2015

          ORDER OF DETENTION AFTER HEARING (Fed.R.Cim.P. 32.1(a)(6) 18 U.S.C. § 3143(a) Allegations of Violations of Probation/Supervised Release Conditions)

          ALICIA G. ROSENBERG, Magistrate Judge.

         On arrest warrant issued by the United States District Court for the Central District of California involving alleged violations of conditions of probation/supervised release:

1. The court finds that no condition or combination of conditions will reasonably assure:

A. (✓) the appearance of defendant as required; and/or

B. (✓) the safety of any person or the community.

2. The Court concludes:

A. () Defendant has failed to demonstrate by clear and convincing evidence that he is not likely to pose a risk to the safety of any other persons or the community. Defendant poses a risk to the safety of other persons or the community based on: Failures to appeal for testing and treatment; failure to report change of address; whereabouts unknown; arrest while on supervised release _______________________________________________________________________________

B. (✓) Defendant has failed to demonstrate by clear and convincing evidence that he is not likely to flee if released. Defendant poses a flight risk based on: Same as above _______________________________________________________________________________

         IT IS ORDERED that defendant be detained.