Free Order of Detention - District Court of Colorado - Colorado

Case 1:01-cr-00068-WYD

Document 47

Filed 04/27/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Case No. 01-CR-00068-WYD UNITED STATES OF AMERICA, Plaintiff, v. DAVID DAVENPORT, Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION This matter comes before the court on April 27, 2006, for preliminary hearing on the Petition to Revoke Supervised Release and Detention Hearing. The court has taken judicial notice of the court' file, the presentence report and has considered s applicable Federal Rules of Criminal Procedure. The defendant is not contesting detention. The court now being fully informed makes the following findings of fact, conclusions of law and order. As to the issue of probable cause, I find that the defendant has waived his right to a preliminary hearing and therefore probable cause has been established that the defendant has violated his supervised release as alleged in the Petition to Revoke Supervised Release. Under Federal Rule of Criminal Procedure 32.1, the court " may release or detain the [defendant] under 18 U.S.C. § 3143(a) pending further proceedings. The burden of establishing that the person will not flee or pose a danger to any other person or to the community rests with the [defendant]." Here, the defendant has not sustained his burden of establishing that he will not flee or fail to appear at future proceedings. Under the circumstances, I find that no condition or combination of conditions of release will reasonably assure the appearance of the defendant. Accordingly, I order the defendant detained without bond. Done this 27th day of April 2006. BY THE COURT S/ Michael J. Watanabe Michael J. Watanabe

Case 1:01-cr-00068-WYD

Document 47

Filed 04/27/2006

Page 2 of 2

U.S. Magistrate Judge