Elawyers Elawyers
Washington| Change

USA v. Jones, 14-CR-00135-CMA. (2017)

Court: District Court, D. Colorado Number: infdco20171017974 Visitors: 17
Filed: Oct. 16, 2017
Latest Update: Oct. 16, 2017
Summary: FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION MICHAEL J. WATANABE , Magistrate Judge . This matter comes before the court on October 16, 2017, for preliminary hearing and detention hearing on the Petition to Revoke Supervised Release. The court has accepted a waiver of preliminary hearing and detention hearing by the defendant. In addition, the court has considered the proffers by the government and the defendant. Lastly, I have taken judicial notice of the court's
More

FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION

This matter comes before the court on October 16, 2017, for preliminary hearing and detention hearing on the Petition to Revoke Supervised Release. The court has accepted a waiver of preliminary hearing and detention hearing by the defendant. In addition, the court has considered the proffers by the government and the defendant. Lastly, I have taken judicial notice of the court's file.

Under Rule 32.1, the court "may release or detain the [defendant] under 18 U.S.C. § 3143(a) pending further proceedings. The burden of establishing that the person will not flee or pose a danger to any other person or to the community rests with the [defendant]." Here, I find that defendant has waived his right to a detention hearing. Moreover, based upon the waiver by defendant of his preliminary hearing and detention hearing, I find probable cause exists that defendant has violated his supervised release.

In making my findings of fact, I have taken judicial notice of the entire court file. I have also considered the proffers and arguments of counsel. Under these circumstances, I find that the defendant has not sustained his burden. On the record before the court, I find that no condition or combination of conditions of release that will reasonably assure the safety of the community or defendant's presence in court. Accordingly, I order the defendant detained without bond.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer