Opinion
8:19-cr-00043-JLS
10-15-2021
UNITED STATES OF AMERICA, Plaintiff, v. GUSTAVO MONTANO, Defendant.
ORDER OF DETENTION AFTER HEARING [Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143(a)]
JOHN D. EARLY, UNITED STATES MAGISTRATE JUDGE
The defendant having been arrested in this District pursuant to a warrant issued by the United States District Court for the Central District of California for alleged violations of the terms and conditions of supervision; 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 defendant's 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: nature of current allegations, including allegations of illegal drug possession, prior violations, history of substance abuse: criminal history, including several prior violations of probation/parole
and
B. (X) The defendant has not met defendant's 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: nature of current allegations, including allegations of illegal drug possession, prior violations, history of substance abuse: criminal history, including several several prior violations of probation /parole
IT THEREFORE IS ORDERED that the defendant be detained pending further revocation proceedings.