United States v. Ballard

JOHN D. EARLY UNITED STATES MAGISTRATE JUDGE

ORDER OF DETENTION AFTER HEARING [Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143(a)]

JOHN D. EARLY UNITED STATES MAGISTRATE JUDGE

The defendant having been arrested pursuant to a warrant issued by the United States District Court for the Southern District of California fot alleged violations of the terms and conditions of supervision; and

The Court having conducted a detention hearing pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a), The Court finds that:

A. (X) The defendant has not met defendant's burden of establishing by clear and convincing evidence that he is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on: nature of current allegations, including alleged commission of a felony offense, that is, possession of cocaine for sale, and a misdemeanor offense, that is, disorderly conduct, use of alcohol, being present in a place where alcohol is the, main item for sale, failure to report an arrest, use of cocaine, and unauthorized travel to Mexico; prior criminal history

and

B. (X) The defendant has not met defendant's burden of establishing by clear and convincing evidence that he 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: nature of current allegations, including alleged commission of a felony offense, that is, possession of cocaine tor sale, and a misdemeanor offense, that is, disi ydeny conduct, use of alcohol, being present in a pl, ice where alcohol is the main item for sale, failure to report an arrest, use o f cocaine, and unauthorized travel to Mexico; prior criminal history

IT THERE! ORE IS ORDERED that the defendant be detained pending further revocation proceedings.