Opinion
Case No. SACR 02-106 DOC
08-24-2011
UNITED STATES OF AMERICA, Plaintiff, v. William Scott Spalding, 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 issued by the Honorable David O. Carter, United States District Judge, 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 his burden of establishing by clear and convincing evidence that he is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on the defendant's non-opposition to the Government's request for detention, lack of bail resources, lack of a stable residence, and the nature of the charged offenses, which establish the defendant is unlikely to comply with conditions of release; and
B. (X) The defendant has not met his burden of establishing by clear and convincing evidence that he 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 defendant's non-opposition to the Government's request for detention, the nature of the charged offenses and the defendant's criminal history.
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.
ARTHUR NAKAZATO
UNITED STATES MAGISTRATE JUDGE