Opinion
Case No. SACR08-00029-JVS
12-20-2011
UNITED STATES OF AMERICA, Plaintiff, v. MATHEW MICHAEL HESTERLY, Defendant.
ORDER OF DETENTION
[Fed.R.Crim.P. 32.1(a)(6); 18 U.S.C. §3143(a)]
The defendant having been arrested in this judicial district pursuant to a warrants issued by the Honorable James V. Selna, United States District Judge, for an alleged violation of the terms and conditions of the defendant's 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 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 the defendant's lack of bail resources, lack of a stable residence, and the nature of the charged offense, which indicates the defendant is unlikely to comply with conditions of release; 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 the nature of the charged offense and defendant's criminal history.
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.
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ARTHUR NAKAZATO
UNITED STATES MAGISTRATE JUDGE