United States v. Tran

Full title: UNITED STATES OF AMERICA, Plaintiff, v. Bien Vu Hai Tran Defendant.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Feb 10, 2015

SACR 12-215-JVS (C.D. Cal. Feb. 10, 2015)

Opinion

UNITED STATES OF AMERICA, Plaintiff, v. Bien Vu Hai Tran Defendant. No. SACR 12-215-JVS United States District Court, C.D. California. February 10, 2015

          ORDER OF DETENTION AFTER HEARING [Fed.R.Crim.P. 32.1(a) (6); 18 U.S.C. 3143 (a)]

          RALPH ZAREFSKY, Magistrate Judge.

         The defendant having been arrested in this District pursuant to a warrant issued by the United States District Court for the CD Cal for alleged violation(s) of the terms and conditions of his/her [probation] [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. (✓) 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 no evidence by ?; no interview; no resources; nature of charges; prior FTA's _______________________________________________________ and/or

         B. (✓) 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: no evidence by ?; nature of charges; criminal history ________________________________________________________________________

         IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.