Opinion
Case No. 14-CR-00135-CMA
10-16-2017
UNITED STATES OF AMERICA, Plaintiff, v. BRIAN JONES, Defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION
This matter comes before the court on October 16, 2017, for preliminary hearing and detention hearing on the Petition to Revoke Supervised Release. The court has accepted a waiver of preliminary hearing and detention hearing by the defendant. In addition, the court has considered the proffers by the government and the defendant. Lastly, I have taken judicial notice of the court's file.
Under Rule 32.1, the court "may release or detain the [defendant] under 18 U.S.C. § 3143(a) pending further proceedings. The burden of establishing that the person will not flee or pose a danger to any other person or to the community rests with the [defendant]." Here, I find that defendant has waived his right to a detention hearing. Moreover, based upon the waiver by defendant of his preliminary hearing and detention hearing, I find probable cause exists that defendant has violated his supervised release.
In making my findings of fact, I have taken judicial notice of the entire court file. I have also considered the proffers and arguments of counsel. Under these circumstances, I find that the defendant has not sustained his burden. On the record before the court, I find that no condition or combination of conditions of release that will reasonably assure the safety of the community or defendant's presence in court. Accordingly, I order the defendant detained without bond.
Done this 16th of October 2017.
BY THE COURT
S/ Michael J. Watanabe
Michael J. Watanabe
U.S. Magistrate Judge