Opinion
2:21-mj-3074
06-30-2021
CRIMINAL MINUTES - GENERAL
STEVE KIM, U.S. MAGISTRATE JUDGE
Proceedings: (IN CHAMBERS) ORDER OF DETENTION -PROBATION/SUPERVISED RELEASE VIOLATION
The Court conducted a detention hearing pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a) following Defendant's arrest for alleged violation(s) of the terms of Defendant's [] probation/ [X] supervised release.
The Court finds that:
A. [X] Defendant has not carried his/her burden of establishing by clear and convincing evidence that Defendant will appear for further proceedings as required if released [18 U.S.C. § 3142(b-c)]. This finding is based on:
[] Lack of bail resources
[] Refusal to interview with Pretrial Services
[X] No stable residence or employment
[] Previous failure to appear or violations of probation, parole, or release
[] Ties to foreign countries
[X] Allegations in petition
[X] Substance abuse and mental health history
B. [X] Defendant has not carried his/her burden of establishing by clear and convincing evidence that Defendant will not endanger the safety of any other person or the community if released [18 U.S.C. § 3142(b-c)]. This finding is based on:
[X] Nature of previous criminal convictions
[X] Allegations in petition
[X] Substance abuse and mental health history
[] Already in custody on state or federal offense
[]__________
IT IS THEREFORE ORDERED that the defendant be detained pending further proceedings.