United States v. Hernandez-Zuniga

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JONATHAN HERNANDEZ-ZUNIGA…

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

Date published: Aug 12, 2015

SA CR 15-00002-JVS (C.D. Cal. Aug. 12, 2015)

Opinion

UNITED STATES OF AMERICA, Plaintiff, v. JONATHAN HERNANDEZ-ZUNIGA, Defendant. No. SA CR 15-00002-JVS United States District Court, C.D. California, Southern Division. August 12, 2015

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

          DOUGLAS F. McCORMICK, Magistrate Judge.

         The defendant having been arrested in this District pursuant to a warrant issued by the United States District Court for the Central District of California for alleged violations of the terms and conditions of his 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. () The defendant has not met his burden of establishing by clear and convincing evidence that he is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on:

Background information unknown; no bail resources; use of multiple identifiers; multiple violations over sustained period of time demonstrate lack of amenability to supervision.

and

         B. (X) The defendant has not met his burden of establishing by clear and convincing evidence that he 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: Multiple violations over sustained period of time including crimes of violence and evidence of substance abuse demonstrate lack of amenability to supervision.

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