Opinion
ED24-MJ-00259
06-10-2024
UNITED STATES OF AMERICA, Plaintiff, v. DAVID JOHN KIDWELL, Defendant.
ORDER OF DETENTION PENDING FURTHER REVOCATION PROCEEDINGS (FED. R. CRIM. P. 32.1(A)(6); 18 U.S.C. § 3143(A)(1))
SHASHI H. KEWALRAMANI 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 North Dakota 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
() other:
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
() other:IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.