U.S. v. Westfall, 4:15CR3049. (2019)
Court: District Court, D. Nebraska
Number: infdco20190617988
Visitors: 6
Filed: Jun. 14, 2019
Latest Update: Jun. 14, 2019
Summary: ORDER CHERYL R. ZWART , Magistrate Judge . Defendant was afforded an opportunity for a hearing, but agreed to be detained without a hearing. Defendant has therefore failed to meet the burden of showing, by clear and convincing evidence pursuant to 18 U.S.C. 3143 (a) and Fed. R. Crim. P. Rule 32.1(a)(6) that Defendant will appear at court proceedings and will not pose a danger to the safety of any person or the community if released. The Court's findings are based on the allegations within
Summary: ORDER CHERYL R. ZWART , Magistrate Judge . Defendant was afforded an opportunity for a hearing, but agreed to be detained without a hearing. Defendant has therefore failed to meet the burden of showing, by clear and convincing evidence pursuant to 18 U.S.C. 3143 (a) and Fed. R. Crim. P. Rule 32.1(a)(6) that Defendant will appear at court proceedings and will not pose a danger to the safety of any person or the community if released. The Court's findings are based on the allegations within ..
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ORDER
CHERYL R. ZWART, Magistrate Judge.
Defendant was afforded an opportunity for a hearing, but agreed to be detained without a hearing. Defendant has therefore failed to meet the burden of showing, by clear and convincing evidence pursuant to 18 U.S.C. § 3143 (a) and Fed. R. Crim. P. Rule 32.1(a)(6) that Defendant will appear at court proceedings and will not pose a danger to the safety of any person or the community if released. The Court's findings are based on the allegations within the Petition.
IT IS ORDERED:
1) Defendant is committed to the custody of the Attorney General for confinement in a corrections facility; Defendant shall be afforded reasonable opportunity for private consultation with counsel; and on order of a court of the United States, or on request of an attorney for the government, the person in charge of the facility shall deliver Defendant to a United States Marshal for appearance in connection with a court proceeding.
2) The Amended Petition (Filing No. 85), supersedes the Initial Petition (Filing No. 72). The Initial Petition (Filing No. 72), is therefore terminated.
Source: Leagle
