United States District Court, D. Arizona
ORDER OF DETENTION PENDING TRIAL
James F. Metcalf United States Magistrate Judge.
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been submitted, I conclude that the following facts are established: (Check one or both, as applicable.)
[ ] 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 serious flight risk and require the detention of the defendant pending trial in this case.
PART I - FINDINGS OF FACT
[ ] (1) 18 U.S.C. § 3142(e)(2)(A): The 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 the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. § 3142(f)(l)(A)-(C), or comparable state or local offenses.
[ ] any felony that involves a minor victim or that involves the possession or use of a firearm or destructive device (as those terms are defined in section 921), or any other dangerous weapon, or involves a failure to register under 18 U.S.C. § 2250.
[ ] (2) 18 U.S.C, § 3142(e)(2)(B): The offense described in finding 1 was committed while the defendant was on release pending trial for a federal, state or local offense.
[ ] (3) 18 U.S.C. § 3142(e)(2)(C): A period of not more than five years has elapsed since the (date of conviction)(release of the defendant from imprisonment) for the offense described in finding 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 (an)other person(s) and the community. I further ...