Free Order of Detention - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
UNITED STATES OF AMERICA v. Cody Rea Kyyitan ORDER OF DETENTION PENDING TRIAL Case Number: CR 04-00231-001-PHX-NVW

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I conclude that the following facts are established: (Check one or both, as applicable.)

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by clear and convincing evidence the defendant is a danger to the community and require the detention of the defendant pending trial in this case. by a preponderance of the evidence the defendant is a serious flight risk and require the detention of the defendant pending trial in this case. PART I -- FINDINGS OF FACT (1) The defendant has been convicted of a (federal offense)(state or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed) that is

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(2) (3) (4)

a crime of violence as defined in 18 U.S.C. § 3156(a)(4). an offense for which the maximum sentence is life imprisonment or death. an offense for which a maximum term of imprisonment of ten years or more is prescribed in
1

a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. § 3142(f)(1)(A)-(C), or comparable state or local offenses.

The offense described in finding 1 was committed while the defendant was on release pending trial for a federal, state or local offense. A period of not more than five years has elapsed since the (date of conviction)(release of the defendant from imprisonment) for the offense described in finding 1. Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of (an)other person(s) and the community. I further find that the defendant has not rebutted this presumption. Alternative Findings

(1)

There is probable cause to believe that the defendant has committed an offense

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(2) (1) (2) (3) (4)

for which a maximum term of imprisonment of ten years or more is prescribed in under 18 U.S.C. § 924(c)

2

The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community. Alternative Findings There is a serious risk that the defendant will flee; no condition or combination of conditions will reasonably assure the appearance of the defendant as required. No condition or combination of conditions will reasonably assure the safety of others and the community. There is a serious risk that the defendant will (obstruct or attempt to obstruct justice) (threaten, injure, or intimidate a prospective witness or juror). Defendant has violated the conditions of his supervised release.

1 Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a). 2 Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 2:04-cr-00231-NVW

Document 38

Filed 04/09/2007

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Case 2:04-cr-00231-NVW

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Case 2:04-cr-00231-NVW

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