_ ' 1 muse _____Lo ·»
,____ RECEIVED ___ COPY
1 WO JUL 2 9 2008
CLERK 0 9 me 1 mor UOURT
2 BY DISTRICT OF ARl2ODN§3u
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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 United States of America, CR-04-231-PHX-NVW
10 Plaintiff,
1 l vs.
12 Cody Rea Kyyitan, ORDER
13 Defendant.
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16 A detention hearing and a preliminary revocation hearing on the Petition on
17 Supervised Release were held on July 25, 2008.
18 THE COURT FINDS that the Defendant has knowingly, intelligently, and
19 voluntarily waived his right to a detention hearing and a preliminary revocation hearing and
20 has consented to the issue of detention being made based upon the allegations in the Petition.
2] THE COURT FURTHER FINDS that the Defendant has failed to sustain his burden
22 of proof by clear and convincing evidence pursuant to Rule 32.1(a)(6), FED.R.CRIM.P., that
23 he is neither a flight risk nor a danger to the community. United States v. Loya, 23 F.3d 1529
24 (9th Cir. 1994).
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ase 2:04—cr—00231—NVW Document 49 Filed 07/29/2008 Page 1 of 2
1 IT IS ORDERED that the Defendant shall be detained pending further order ofthe
2 court. ~ `
3 DATED this &l7`%h1y of I / , 2008.
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se 2:04-cr—00231—NVW Document 49 Filed 07/29/2008 Page 2 of 2
Case 2:04-cr-00231-NVW
Document 49
Filed 07/29/2008
Page 1 of 2
Case 2:04-cr-00231-NVW
Document 49
Filed 07/29/2008
Page 2 of 2