Opinion
Case No. 08-CR-00500-REB
04-10-2017
UNITED STATES OF AMERICA, Plaintiff, v. JEREMY PADIA, Defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION
This matter comes before the court on April 10, 2017 for preliminary hearing and detention hearing on the current Petition to Revoke Supervised Release. The Defendant has waived his right to preliminary hearing. In addition, the court has considered the proffer by the Defendant. Lastly, I have taken judicial notice of the court's file. Accordingly, I find that probable cause exists to believe that the Defendant violated one or more conditions of his Supervised Release based upon his waiver of preliminary hearing.
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]." The Defendant is not contesting detention.
In making my findings of fact, I have taken judicial notice of the information set forth in the Presentence Report and 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 of establishing that he will not flee or fail to appear at future proceedings in this matter. On the record before the court, I find that no condition or combination of conditions of release that will reasonably assure the appearance of the Defendant. Accordingly, I order the Defendant detained without bond.
Done this 10th of April 2017.
BY THE COURT
S/ Michael J. Watanabe
Michael J. Watanabe
U.S. Magistrate Judge