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United States v. Lam

United States District Court, Ninth Circuit

December 20, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
PHUNG HO LAM, Defendant.

ORDER OF DETENTION AFTER HEARING [Fed.R.Crim.P. 32.1(a)(6); 18 U.S.C. 3143(a)]

CARLA M. WOEHRLE, Magistrate Judge.

The defendant having been arrested in THE DISTRICT OF OREGON pursuant to a warrant issued by the United States District Court for the CENTRAL DISTRICT OF CALIFORNIA for alleged violation(s) of the terms and conditions of his/her [probation] [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/her burden of establishing by clear and convincing evidence that he/she is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on ________________________________________________________ Current allegations; defendant's fugitive status Limited background information; limited or no intimation an bail resources and community ties immigration status and/or

B. (X) The defendant has not met his/her burden of establishing by clear and convincing evidence that he/she 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: defendant's prior criminal history ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

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


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