United States v. Sexton

Full title: UNITED STATES OF AMERICA, Plaintiff, v. Derrick Ray Sexton Defendant.

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

Date published: Dec 10, 2015

10-cr-923-SJO (C.D. Cal. Dec. 10, 2015)

Opinion

UNITED STATES OF AMERICA, Plaintiff, v. Derrick Ray Sexton Defendant. No. 10-cr-923-SJO United States District Court, C.D. California. December 10, 2015

          ORDER OF DETENTION [Fed. R. Crim. P. 32.1 (a) (6); 18 U.S.C. § 3143 (a)]

          ALEXANDER F. MacKINNON, Magistrate Judge.

         The defendant having been arrested in this District pursuant to a warrant issued by the United States District Court for the Central District of California for alleged violation(s) of the terms and conditions of his/her [probation] [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 Failure to interview writ Pretrial Services, lack of known bail resources, lack of stable resudence or employment, and submission to detention. _____________________________________________________________________________

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: Refusal to interview with PSA, allegations in changing document, prior convictions and submission to detentions. _________________________________________________________________________

         IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.