ORDER OF DETENTION

DONNA M. RYU, Magistrate Judge.

The parties appeared before the Honorable Donna M. Ryu on August 21, 2015, for a detention hearing. Defendant was present and represented by his appointed attorney, Ned Smock. The United States was represented by Assistant U.S. Attorney Wade M. Rhyne. The United States and Pretrial Services both requested detention, submitting that no condition or combination of conditions of release would reasonably assure the safety of the community or assure the defendant's appearance for future court proceedings. Upon consideration of the parties' proffers, the court file, and the Pretrial Services Report, the Court finds that the government has met its burden by clear and convincing evidence that the defendant presents a danger to the community absent detention and is a flight risk. See 18 U.S.C. §§ 3142(e) and (f). The Court therefore orders the defendant detained.

In particular, as to flight risk, the Court notes that Foster has a long record of failures to appear and parole violations. Since January 7, 2014, alone, the defendant has had twelve parole violations. Most recently, on July 28, 2015, the defendant was placed on electronic monitoring for a period of 90 days, and was transported to a residential drug treatment program as part of his parole supervision. On that same day, the defendant removed his electronic monitoring device and walked away from the residential drug treatment program. That was the second time the defendant walked away from a residential drug treatment program, and the third time the defendant absconded while on community supervision.

As to danger to the community, the Court notes that defendant has an extensive criminal history including domestic violence and attempted robbery convictions. During ATF's recent investigation of the defendant, the defendant made a number of recorded statements that indicate he is a danger to the community. On July 21, 2015, the defendant told an undercover agent that he would be participating in a robbery and would be in possession of a firearm.

In sum, the Court finds that there is no condition or combination of conditions of release that will reasonably assure the appearance of the defendant, or assure the safety of the community.

IT IS HEREBY ORDERED THAT, accordingly, pursuant to Title 18, United States Code, Section 3142:

(1) the defendant is committed to the custody of the Attorney General for confinement in a corrections facility;

(2) the defendant be afforded reasonable opportunity for private consultation with his counsel;

(3) on Order of a court of the United States or on request of any attorney for the government, the person in charge of the corrections facility in which the defendant is confined shall deliver the defendant to an authorized Deputy United States Marshal for the purpose of any appearance in connection with a court proceeding.

IT IS SO ORDERED.