United Statesv.Nichols

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIAOct 12, 2011
Case No. 11-2364M (C.D. Cal. Oct. 12, 2011)

Case No. 11-2364M

10-12-2011

UNITED STATES OF AMERICA, Plaintiff, v. JAMES EDWARD NICHOLS, Defendant.


ORDER OF DETENTION

[Fed. R. Crim. P. 32.1(a)(6);


18 U.S.C. § 3143(a)
]


The defendant, having been arrested in this District pursuant to a warrant issued by the United States District Court for the Southern District of California for alleged violation(s) of the terms and conditions of his 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), finds that:

A. (×) 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 (1) his lack of bail resources; (2) unverified background; (3) the instant allegations indicate that he is not amenable to supervision; and (4) defendant submitted to detention request,
and/or
B. () 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: ____________


IT THEREFORE IS ORDERED, without prejudice, that the defendant be detained pending further revocation proceedings.

Fernando M. Olguin


United States Magistrate Judge