UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
February 10, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
MOISES DIAZ, DEFENDANT.
The opinion of the court was delivered by: Marc L. Goldman U.S. Magistrate Judge
ORDER OF DETENTION AFTER HEARING (18 U.S.C. § 3142(i))
A. On motion (X) (by the Government) / ( ) (by the Court sua sponte) involving:
1. ( ) serious risk defendant will flee;
2. ( ) serious risk defendant will
a. ( ) obstruct or attempt to obstruct justice;
b. ( ) threaten, injure, or intimidate a prospective witness or juror or attempt to do so.
3. ( X) a violation of supervised release or probation.
The Court finds no condition or combination of conditions will reasonable assure:
A. (X) appearance of defendant as required; and/or
B. ( ) safety of any person or the community;
The Court has considered:
A. (X) the nature and circumstances of the offense;
B. ( X) the weight of evidence against the defendant;
C. ( X) the history and characteristics of the defendant;
D. ( ) the nature and seriousness of the danger to any person or to the community.
The Court concludes:
A. ( ) Defendant poses a risk to the safety of other persons or the community because:
B. ( ) History and characteristics indicate a serious risk that defendant will flee because:
C. ( ) A serious risk exists that defendant will:
1. ( ) obstruct or attempt to obstruct justice;
2. ( ) threaten, injure or intimidate a witness/ juror; because:
D. ( X) Defendant has not established by clear and convincing evidence to the contrary that he does not pose a risk of flight or danger to the community as provided in 18 U.S.C. § 3143 (a).
IT IS ORDERED that defendant be detained prior to trial.
IT IS FURTHER ORDERED that defendant be confined as far as practicable in a corrections facility separate from persons awaiting or serving sentences or person held pending appeal.
IT IS FURTHER ORDERED that defendant be afforded reasonable opportunity for private consultation with his counsel.
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