Opinion
Case No. CR-04-882-01-PHX-EHC.
December 15, 2008
ORDER
A detention hearing and a preliminary revocation hearing on the Petition on Supervised Release were held on December 12, 2008.
THE COURT FINDS that the Defendant has knowingly, intelligently, and voluntarily waived his right to a detention hearing and a preliminary revocation hearing and has consented to the issue of detention being made based upon the allegations in the Petition.
THE COURT FURTHER FINDS that the Defendant has failed to sustain his burden of proof by clear and convincing evidence pursuant to Rule 32.1(a)(6), FED.R.CRIM.P., that he is neither a flight risk nor a danger to the community. United States v. Loya, 23 F.3d 1529 (9th Cir. 1994). IT IS ORDERED that the Defendant shall be detained pending further order of the court.