Opinion
2:21-MJ-04670-DUTY
10-08-2021
ORDER OF DETENTION AFTER HEARING [FED.RCRIM.P. 32.1(A)(6); 18 U.S.C. 3143(A)]
KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE.
The defendant having been arrested in Los Angeles, California pursuant to a warrant issued by the United States District Court for the District of Montana for alleged violation of the terms and conditions of the defendant's supervised release; 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 the defendant's burden of establishing by clear and convincing evidence that the defendant is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on the defendant's submission on the issue of detention; the defendant's minimal family ties to the Central District; the prior revocation of the defendant's probation; and the defendant's history of failures to appear; and
B. (X) The defendant has not met the defendant's burden of establishing by clear and convincing evidence that the defendant 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 defendant's submission on the issue of detention; the defendant's lengthy criminal history including drug and theft crimes; and the defendant's history of substance abuse.
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.