Opinion
5:20-MJ-00701-DUTY
12-13-2021
UNITED STATES OF AMERICA Plaintiff, v. RICKY RICARDO SIMMONS, Defendant.
ORDER OF DETENTION PENDING FURTHER REVOCATION PROCEEDINGS (FED.R.CRIM.P. 32.1(A)(6): 18 U.S.C. §3143(A)(1)
KENLY KIYA KATO 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 SOUTHERN District of CALIFORNIA 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)(1), the Court finds that:
A. (x) 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:
(x) information in the Pretrial Services Report and Recommendation
(X) information in the violation petition and report(s)
() the defendant's nonobjection to detention at this time
(x) other: Allegations in petitions; Substance abuse; Mental Health issues and/or
B. (x) 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:
(x) information in the Pretrial Services Report and Recommendation
(X) information in the violation petition and report(s)
() the defendant's nonobjection to detention at this time
(X) other: Allegations in petitions; Criminal History; Substance abuse; Mental health issues
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.