United States v. Wilbarger

Full title: UNITED STATES OF AMERICA, Plaintiff, v. FRED WILBARGER, Defendant.

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

Date published: Jan 13, 2015

CR 04-1326-R (C.D. Cal. Jan. 13, 2015)

Opinion

UNITED STATES OF AMERICA, Plaintiff, v. FRED WILBARGER, Defendant. No. CR 04-1326-R. United States District Court, C.D. California. January 13, 2015.

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

          PAUL L. ABRAMS, Magistrate Judge.

         The defendant having been arrested in this District pursuant to a warrant issued by the United States District Court for the Central Dist.; CA for alleged violation(s) of the terms and conditions of his/her [probation]; 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 no verified background info or known bail resources; history of failure to appear _____________________________________________________________________________ and/or

B. () 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:____________________________________________________________________ _______________________________________________________________________

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