Free Order of Detention - District Court of Colorado - Colorado

Case 1:00-cr-00016-RPM

Document 100

Filed 06/24/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR DISTRICT OF COLORADO Case No. 05-CR-00296-JLK UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL JONES, Defendant. FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION This matter comes before the court on June 24, 2008, for preliminary hearing on the Petition to Revoke Supervised Release and Detention Hearing. The defendant waived his preliminary hearing on the Petition to Revoke Supervised Release. The court has considered the proffer by defendant thorough his counsel, Robert Pepin, Federal Public Defender. In addition, the court has further taken judicial notice of the court's file, the presentence report and has considered applicable Federal Rules of Criminal Procedure. 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 based upon the wavier of preliminary hearing, I find 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 a danger to the community. The evidence at this hearing shows that Defendant has used alcohol to an excess and has driven a motor vehicle after consuming alcohol. Moreover, Defendant has participated in assaultive behavior and he has now been charged with assault charges in state court. Defendant has also had difficulties following the directions of his probation officer. Accordingly, I find that Defendant to be a danger to the community.

Under the circumstances, I find that no condition or combination of conditions of release will reasonably assure the safety of the community . Accordingly, I order the defendant detained without bond. Done this 24rd day of June, 2008. BY THE COURT S/ Michael J. Watanabe Michael J. Watanabe U.S. Magistrate Judge