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United States v. Crawford

United States District Court, Northern District of California, Oakland Division

January 12, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
GREGORY CRAWFORD, Defendant.

[PROPOSED] DETENTION ORDER

KANDIS A. WESTMORE United States Magistrate Judge

I. INTRODUCTION

On January 2, 2015, defendant Gregory Crawford appeared before U.S. Magistrate Judge Bernard Zimmerman, charged with violating the terms of his supervised release: (1) by committing an assault, in violation of California Penal Code § 243(e)(1), Battery of Spouse, a misdemeanor; and (2) for failing to respond to probation's repeated attempts to contact him and by failing to report as directed to Reentry Court, Sharing Education and Employment Development Strategies, and cognitive group therapy.

On January 8, 2015, U.S. Magistrate Judge Kandis Westmore held a detention hearing. The government and probation requested that the defendant be detained as a risk of danger and flight. After considering the factors set forth in 18 U.S.C. § 3142(g), and for the reasons stated on the record and in this Order, the Court concludes that there are no conditions of release that will reasonably assure the appearance of defendant and the safety of any other person or the community. Therefore the Court Orders the defendant detained.

II. LAW

Under the Bail Reform Act, the Court shall hold a hearing upon motion of the Government attorney in a case that involves a serious risk that such person will flee. 18 U.S.C. § 3142(f)(2)(A). Such hearing may also be held if there is a serious risk that the person sought to be detained will pose a danger to any person or the community. 18 U.S.C. § 3142(d). In making this determination, the Court shall consider:

(1) the nature and circumstances of the offense charged;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including his physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug and alcohol abuse, criminal history, and records concerning appearance at court proceedings; and whether at the time of arrest the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law; and
(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release.

18 U.S.C. § 3142(g).

Because Defendant is charged with a supervised release violation, Defendant bears the burden of establishing that he is not a flight risk or a danger to the community by clear and convincing evidence. Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143.

III. FACTS

On December 17, 2010, defendant was convicted of being a Felon in Possession of a Firearm, 18 U.S.C. ยง 922(g)(1). He was sentenced 48 months imprisonment and three years of supervised ...


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