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United States v. Garcia

United States District Court, Ninth Circuit, California, C.D. California
Feb 3, 2015
15-145M (C.D. Cal. Feb. 3, 2015)

Opinion


UNITED STATES OF AMERICA, Plaintiff, v. Dagoberto Giovanni Garcia, Defendant. No. 15-145M United States District Court, C.D. California. February 3, 2015

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

          ALKA SAGR, 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

[X] No stable residence or employment

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

[] Ties to foreign countries

[X] Allegations in petition

[]

         B. [] 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

[]

         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 3, 2015
15-145M (C.D. Cal. Feb. 3, 2015)
Case details for

United States v. Garcia

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. Dagoberto Giovanni Garcia…

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

Date published: Feb 3, 2015

Citations

15-145M (C.D. Cal. Feb. 3, 2015)