United States v. Nguyen

8:08-cr-00103 | C.D. Cal. | Dec 16, 2008

Case 8:08-cr-00103-DOC Document 34 Filed 12/16/08 Page 1 of 2 Page ID #:74

“O” UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) Case No. SACR 08-103 DOC Plaintiff, ORDER OF DETENTION v. [Fed.R.Crim.P. 32.1(a)(6); 18 U.S.C. §3143(a)] PHONG VU NGUYEN, Defendant. The defendant having been arrested in this judicial district pursuant to a warrant issued by the Honorable David O. Carter, United States District Judge, for an alleged violation of the terms and conditions of the defendant’s supervised release; and

The Court having conducted a detention hearing pursuant to Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a), The Court finds that: A. (X) The defendant has not met his burden of establishing by clear and convincing

evidence that he is not likely to flee if released under 18 U.S.C. § 3142(b) or (c). This finding is based on the defendant’s lack of bail resources, lack of a stable residence, and the nature of the charged offense, which indicates the defendant is unlikely to comply with conditions of release; and

/// Case 8:08-cr-00103-DOC Document 34 Filed 12/16/08 Page 2 of 2 Page ID #:75 B. (X) The defendant has not met his burden of establishing by clear and convincing evidence that he is not likely to pose a danger to the safety of any other person or the community if released under 18 U.S.C. § 3142(b) or (c). This finding is based on the nature of the charged offense and defendant’s criminal history.

IT THEREFORE IS ORDERED that the defendant be detained pending the further revocation proceedings. Dated: December 16, 2008
/s/ Arthur Nakazato ARTHUR NAKAZATO

UNITED STATES MAGISTRATE JUDGE

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