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United States of America v. Michael Anthony Hernandez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 19, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MICHAEL ANTHONY HERNANDEZ DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Defendant's motion for bail review came before the undersigned on September 16, 2011. All agreed that defendant had presented new and material evidence with respect to continued detention or release pending trial or other resolution of this case. All agreed that conditions could be fashioned to alleviate the potential of flight risk.

In light of the new evidence, the court finds continued detention of defendant based on danger to the community to be a close case at this time under the governing standards of pretrial release.*fn1 Nevertheless, in light of the type of weapons at issue in this case, and the apparent ease with which defendant was able to procure same, the court remains of the view that release at this time would pose a danger to the community.*fn2


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