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U.S. v. GARCIA, CR10-00602-GHK. (2015)

Court: District Court, C.D. California Number: infdco20160104347 Visitors: 23
Filed: Dec. 04, 2015
Latest Update: Dec. 04, 2015
Summary: 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 , Magistrate Judge . The defendant having been arrested in this District pursuant to a warrant issued by the United States District Court for the Central 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
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ORDER OF DETENTION PENDING FURTHER REVOCATION PROCEEDINGS (FED.R. CRIM. P.32.1(a)(6); 18 U.S.C. § 3143(a)(1))

The defendant having been arrested in this District pursuant to a warrant issued by the United States District Court for the Central 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) (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 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) (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.

Source:  Leagle

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