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United States v. Menchaca

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 5, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID MANUEL MENCHACA, 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 Alicemarie H. Stotler, 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, and the nature of the charged violations, 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 violations and defendant's criminal history.

IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings.

20100305

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