United States v. Huynh

Full title: UNITED STATES OF AMERICA, Plaintiff, v. LONG TUAN HUYNH, Defendant.

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

Date published: Jun 1, 2015

SA 15-294M (C.D. Cal. Jun. 1, 2015)

Opinion

UNITED STATES OF AMERICA, Plaintiff, v. LONG TUAN HUYNH, Defendant. No. SA 15-294M United States District Court, C.D. California, Southern Division. June 1, 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 Western District of Texas, 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. (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:

Lack of bail resources; immigration status unknown; prior warrants and failures to appear.

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:

Criminal history; present allegations and prior probation violations suggest lack of amenability to supervision.

         IT THEREFORE IS ORDERED that the defendant be detained pending further proceedings and/or transfer to the charging district.