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United States v. Parra-Herrera

United States District Court, D. Arizona

April 11, 2016

United States of America
v.
Estaban Parra-Herrera.

          ORDER OF DETENTION PENDING TRIAL

          DAVID K. DUNCAN, 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.)

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

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

         PART I - FINDINGS OF FACT

         [X] (1) There is probable cause to believe that the defendant has committed

[X] an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. §§ 801 et seq., 951 et seq, or 46 U.S.C. App. § 1901 et seq.
[] an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332(b).
[] an offense listed in 18 U.S.C. § 2332b(g)(5)(B) (Federal crimes of terrorism) for which a maximum term of imprisonment of ten years or more is prescribed.
[]an offense involving a minor victim prescribed in.[1]

         [X] (2) The defendant has not rebutted the presumption established by the offense described in finding (1) above that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.

         Alternative Findings

         [] (1) There is a serious risk that the defendant will flee; no condition or combination of conditions will reasonably assure the appearance of the defendant as required.

         [] (2) No condition or combination of conditions will reasonably assure the ...


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