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United States of America v. Aaron Darnel Runner

United States District Court Northern District of California


March 12, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
AARON DARNEL RUNNER, DEFENDANT.

The opinion of the court was delivered by: Kandis A. Westmore United States Magistrate Judge

ORDER OF DETENTION PENDING SUPERVISED RELEASE VIOLATION HEARING

On October 9, 2008, Defendant Aaron Darnel Runner was convicted in the Eastern

District of California of eleven counts of the following crimes: conspiracy to commit bank fraud, 14 bank fraud, access device fraud, and possession of stolen mail. See 18 U.S.C. §§ 371, 1344, 15 1029(a)(2), 1708. He was sentenced to 46 months on each of the counts, with the sentences to be 16 served concurrently, as well as a total of 60 months of supervised release. 17

On February 14, 2013, Judge Newman of the Eastern District of California issued an order 18 finding that there was probable cause to believe Defendant had violated a condition of supervised 19 release, and ordered that Defendant be detained and transported to this district for further 20 proceedings. 21

The Form 12 presently before the Court alleges that Defendant violated the following 22 conditions of his supervised release: that he refrain from any unlawful use of a controlled 23 substance; that he report to his probation officer and submit a truthful and complete written report 24 within the first five days of each month; that he answer truthfully all inquiries by the probation 25 officer and follow instructions of the probation officer; that he should participate in a correctional 26 treatment program to obtain assistance for drug or alcohol abuse; and that he reside at the 27 28 residential Re-Entry Center for a period of up to 60 days and abide by all program rules and 2 regulations. 3

At the March 12, 2013 hearing before this Court, Defendant, who was in custody and 4 represented by Assistant Federal Defender Ellen Leonida, waived his right to proffer information 5 at a detention hearing, while retaining his right to seek release at a later hearing should his 6 circumstances change. Assistant United States Attorney Talia Falk appeared on behalf of the 7

United States. Probation officer Emily Libby was also present. 8

The Court hereby detains Defendant, but because he has waived his right to present 9 information under 18 U.S.C. § 3143(a)(1) without prejudice to raising relevant information at a 10 later hearing, the Court orders that the hearing may be reopened at Defendant's request at any future time. 12

Defendant shall remain committed to the custody of the Attorney General for confinement 13 in a corrections facility separate, to the extent practicable, from persons awaiting or serving 14 sentences or being held in custody pending appeal. Defendant shall be afforded reasonable 15 opportunity for private consultation with counsel. On order of a court of the United States or on 16 request of an attorney for the Government, the person in charge of the corrections facility in 17 which Defendant is confined shall deliver Defendant to a United States marshal for the purpose of 18 an appearance in connection with a court proceeding. 19

IT IS SO ORDERED.

20130312

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