UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
January 20, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
ERNEST GUY MURRAY, IV, DEFENDANT.
The opinion of the court was delivered by: Arthur Nakazato United States Magistrate Judge
ORDER OF DETENTION [Fed.R.Crim.P. 32.1(a)(6); 18 U.S.C. §3143(a)]
The defendant having been arrested in this judicial district pursuant to a warrant issued by the Honorable David O. Carter, United States District Judge, for an alleged violation of the terms and conditions of the defendant's supervised release; 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 his 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 the defendant's lack of bail resources, lack of a stable residence, history of probation violations, and the nature of the charged offense, which indicates the defendant is unlikely to comply with conditions of release; and
B. (X) The defendant has not met his 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 the nature of the charged offense and defendant's extensive criminal history.
IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.
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