Free Order of Detention - District Court of Colorado - Colorado

Case 1:04-cr-00060-WYD

Document 58

Filed 07/11/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge David L. West Criminal Case No. 04-CR-00060-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. MICHAEL DEAN PRICE, Defendant. ______________________________________________________________________________ FINDINGS OF FACT, CONCLUSIONS OF LAW AND REASONS FOR ORDER OF DETENTION ______________________________________________________________________________ THIS MATTER came before the Court on a Petition on Supervised Release and Warrant for Arrest of Supervised Releasee. The Petition alleges that on or about November 13, 2006, December 1, 2006 and January 22, 2007, the Defendant submitted urine samples which subsequently tested positive of illicit use of narcotics and in addition the Defendant has not submitted a monthly report to his probation officer since February,2007 and his current whereabouts were unknown until his arrest on July 6, 2007. During a hearing on July 11, 2007, the Defendant waived his right to a Preliminary Hearing under Rule 32.1 of the Federal of Criminal Procedure. In addition the Defendant waived his right to a detention hearing in this matter. Based upon the facts alleged in the Petition and in light of the Defendant's waivers, the court finds that probable cause exists to believe that the Defendant violated one or more conditions of his release. Under Rule 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]." In making my findings of fact, I have taken judicial notice of the information set forth in the Petition on Probation and Supervised Release and entire court file. I have also considered the defense counsel's statement that his client does not contest the Government's request for detention. Under the circumstances, I find that the Defendant has not sustained his burden of establishing that he will not flee or fail to appear at future proceedings in this matter. In particular, I note that the Defendant's whereabouts were unknown until his arrest on July 6, 2007. On the record before the
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Case 1:04-cr-00060-WYD

Document 58

Filed 07/11/2007

Page 2 of 2

record before the court, I find that no condition or combination of conditions of release will reasonably assure the appearance of the Defendant. IT IS HEREBY ORDERED that the Defendant be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; and IT IS FURTHER ORDERED that the Defendant be afforded reasonable opportunity for private consultation with counsel; and IT IS FURTHER ORDERED that, on order of a Court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility in which the Defendant is confined deliver Defendant to the United States Marshal for the purpose of an appearance in connection with a Court proceeding. The next appearance of the Defendant is set before the duty Magistrate Judge in Denver, Colorado on July 13, 2007 at 2:30 p.m. DATED and ENTERED this 11th day of July, 2007. BY THE COURT: s/David L. West United States Magistrate Judge

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