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United States v. Corral-Miranda

United States District Court, Ninth Circuit

August 26, 2013

United States of America, Plaintiff,
v.
Luis Carlos Corral-Miranda, Defendant.

ORDER OF DETENTION

LAWRENCE O. ANDERSON, Magistrate Judge.

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I conclude that the following facts are established: (Check one or both, as applicable.)

[] by clear and convincing evidence Defendant is a danger to the community and require the detention of Defendant pending trial in this case.

[] by a preponderance of the evidence Defendant is a serious flight risk and require the detention of Defendant pending trial in this case.

PART I - FINDINGS OF FACT

[] (1) Defendant has been convicted of a (federal offense)(state or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed) that is

[] a crime of violence as defined in 18 U.S.C. § 3156(a)(4).

[] an offense for which the maximum sentence is life imprisonment or death.

[] an offense for which a maximum term of imprisonment of ten years or more is prescribed in ___________________________________________________________________________________________[1]

[] a felony that was committed after Defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. § 3142(f)(1)(A)-(C), or comparable state or local offenses.

[] (2) The offense described in finding 1 was committed while Defendant was on release pending trial for a federal, state or local offense.

[] (3) A period of not more than five years has elapsed since the (date of conviction)(release of Defendant from imprisonment) for the offense described in finding No. 1.

[] (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of other person(s) and the community. I further ...


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