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United States of America v. Francisco Perez-Rocha

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 14, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FRANCISCO PEREZ-ROCHA, DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER OF DETENTION PENDING A BOND VIOLATION HEARING

Order for Revocation and Detention

After conducting a preliminary hearing and detention hearing pursuant to Federal Rules of Criminal Procedure 32.1(a)(1) and 46(c) and 18 U.S.C. § 3143(a) of the Bail Reform Act, the Court orders the above-named defendant detained pursuant to 18 U.S.C. § 3143 pending transfer to the Southern District of California.

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:

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

(3) That based on the factors set forth in § 3142(g), there is no condition or combination of conditions of release that will assure that this defendant will not flee or pose a danger to the safety of any other person or the community; or,

X (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.

X (6) Other: The defendant is to be transported to the Southern District of California as soon as practicable.

IT IS SO ORDERED.

20121114

© 1992-2012 VersusLaw Inc.



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