Opinion
5:21-MJ-00637-DUTY
10-14-2021
UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA FRANK HENTON, Defendant.
ORDER OF DETENTION PENDING
FURTHER REVOCATION
PROCEEDINGS
(FED.R. CRIM. P.32.1(A)(6); 18
U.S.C. § 3143(A) (1))
KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
The defendant having been arrested in this District pursuant to a warrant issued by the United States District Court for the Southern District of California for alleged violations) of the terms and conditions of probation or supervised release; and
Having conducted a detention hearing pursuant to Federal Rule of Criminal Procedure 32.1 (a)(6) and 18 U.S.C. § 3143(a) (1), the Court finds that:
A. (√) 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 the following:
(√) information in the Pretrial Services Report and Recommendation
(√) information in the violation petition and report(s)
() the defendant's nonobjection to detention at this time
(√) other: new arrest, substance abuse, non-compliance while on supervision 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 the following:
(√) information in the Pretrial Services Report and Recommendation
(√) information in the violation petition and report(s)
() the defendant's nonobjection to detention at this time
(√) other: new arrest, substance abuse, criminal history, non-compliance while on supervision
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.