Opinion
Case No.: 5:2011-mj-00328-DUTY
08-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. Martinez-Apodaca 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 District pursuant to a warrant issued by the United States District Court for the ___ District of ___ for alleged violation(s) 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), 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:
____________ 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:
____________ IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.
HONORABLE DAVID T. BRISTOW
United States Magistrate Judge