United States v. Fleming

Full title: UNITED STATES OF AMERICA, Plaintiff, v. NANCY FLEMING, Defendant.

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

Date published: Aug 13, 2015

15 MJ 01510 (C.D. Cal. Aug. 13, 2015)

Opinion

UNITED STATES OF AMERICA, Plaintiff, v. NANCY FLEMING, Defendant. No. 15 MJ 01510 United States District Court, C.D. California. August 13, 2015

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

          CARLA M. WOEHRLE, 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 Colorado for alleged violation(a) 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 absence of full background information defendant's substance abuse history, and prior supervisers release violations

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: defendant's prior criminal history ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

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