Opinion
21-MJ-00737-DUTY
12-16-2021
UNITED STATES OF AMERICA, Plaintiff, v. GILDARDO VALDEZ-CERVANTES, Defendant. No. 5:21-MJ-00737-DUTY
KENLY KITYA KATO UNITED STATES MAGISTRATE JUDGE
ORDER OF DETENTION PENDING FURTHER REVOCATION PROCEEDINGS (FED. R. CRIM. P. 32.1 (a)(6); 18 U.S.C. § 3143(a)(1))
KENLY KITYA 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 ____District of ARIZONA 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)
(X) the defendant's nonobjection to detention at this time ()
() other:____and/or
B. (x) The defendant has not met his/her burden of establishing by dear and eonvincing 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 (e). 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)
(X) the defendant's nonobjection to detention at this time
() other:_____
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.