Free Order of Detention - District Court of Colorado - Colorado

Case 1:00-cr-00373-EWN

Document 22

Filed 02/01/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Case No. 00-CR-00373-EWN UNITED STATES OF AMERICA, Plaintiff, v. HECTOR MEDINA, Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION

This matter comes before the court on February 1, 2007, for preliminary hearing on the Petition to Revoke Supervised Release and for detention hearing. The government was represented by AUSA Patricia Davies. Defendant Medina was present in custody with Federal Public Defender Janine Yunker. Defendant has waived his right to a preliminary hearing on 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, Defendant Medina has not sustained his burden of establishing that he will not flee or fail to appear at future proceedings. Moreover, Defendant Medina is not contesting detention. Under these 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 1st day of February 2007. BY THE COURT S/ Michael J. Watanabe Michael J. Watanabe U.S. Magistrate Judge