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United States of America v. Joseph Michael Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 10, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSEPH MICHAEL SMITH, DEFENDANT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER OF DETENTION FOLLOWING REVOCATION OF PREVIOUSLY SET CONDITIONS OF RELEASE

Order for Revocation and Detention

X Pursuant to the request of the defense, the Court orders the previous conditions of pretrial release revoked and this defendant detained.

Statement of Reasons for the Revocation and Detention

The Court orders the revocation of pretrial release conditions and the defendant's detention because it finds:

(1) There is probable cause to believe this defendant has committed a Federal, State, or local crime while on release.

(2) There is clear and convincing evidence that this defendant has violated a condition or conditions of release.

X (3) There is no condition or combination of conditions of release that will assure that this defendant will not flee and/or pose a danger to the safety of any other person or the community.

(4) That this defendant is unlikely to abide by any condition or combination of conditions of release.

(5) That this defendant has not rebutted the rebuttable presumption contained in 18 U.S.C. § 3148(b) that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community based upon the existence of probable cause to believe that, while on release, the defendant committed a Federal, State, or local felony.

IT IS SO ORDERED.

10, 2011

20110510

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