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United States v. Garcia

United States District Court, Ninth Circuit, California, C.D. California
Feb 17, 2015
CR 15-17 MWF (C.D. Cal. Feb. 17, 2015)

Opinion


UNITED STATES OF AMERICA, Plaintiff, v. ROQUE GARCIA, Defendant. No. CR 15-17 MWF United States District Court, C.D. California. February 17, 2015

          ORDER OF DETENTION [Fed. R. Crim. P. 31.1(a)(6); 18 U.S.C. § 3143(a)(1)]

          MICHAEL R. WILNER, Magistrate Judge.

         I.

         The Court conducted a detention hearing pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a) following Defendant's arrest for alleged violation(s) of the terms of Defendant's [] probation/ [x] supervised release.

         II.

         The Court finds that

         A. [x] Defendant has not carried his/her burden of establishing by clear and convincing evidence that Defendant will appear for further proceedings as required if released [18 U.S.C. § 3142(b-c)]. This finding is based on:

[x] Lack of bail resources

[x] Refusal to interview with Pretrial Services

[] No stable residence or employment

[] Previous failure to appear or violations of probation, parole, or release

[] Ties to foreign countries

[] Allegations in petition

[]

         B. [x] Defendant has not carried his/her burden of establishing by clear and convincing evidence that Defendant will not endanger the safety of any other person or the community if released [18 U.S.C. § 3142(b-c)]. This finding is based on:

[x] Nature of previous criminal convictions

[x] Allegations in petition

[] Substance abuse

[] Already in custody on state or federal offense

[x] Psych issues as noted in violation report

         III.

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


Summaries of

United States v. Garcia

United States District Court, Ninth Circuit, California, C.D. California
Feb 17, 2015
CR 15-17 MWF (C.D. Cal. Feb. 17, 2015)
Case details for

United States v. Garcia

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ROQUE GARCIA, Defendant.

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

Date published: Feb 17, 2015

Citations

CR 15-17 MWF (C.D. Cal. Feb. 17, 2015)