Free Order of Detention - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs. Jason San Diego, Defendant.

) ) ) ) ) ) ) ) ) ) )

CR 02-00958-001-PHX-SRB

ORDER

A detention hearing and a preliminary revocation hearing on the Petition on Supervised Release were held on December 15, 2005. THE COURT FINDS that the Defendant has knowingly, intelligently, and voluntarily waived his right to a detention hearing and a preliminary revocation hearing and has consented to the issue of detention being made based upon the allegations in the Petition. THE COURT FURTHER FINDS that the Defendant has failed to sustain his burden of proof by clear and convincing evidence pursuant to Rule 32.1(a)(6) FED.R.CRIM.P. that he is neither a flight risk nor a danger to the community. United States v. Loya, 23 F.3d 1529 (9th Cir. 1994).

Case 2:02-cr-00958-SRB

Document 81

Filed 12/19/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 court.

IT IS ORDERED that the Defendant shall be detained pending further order of the

DATED this 16th day of December, 2005.

-2Case 2:02-cr-00958-SRB Document 81 Filed 12/19/2005 Page 2 of 2