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United States v. Zamudio-Hernandez

United States District Court, D. Arizona

May 2, 2016

United States of America, Plaintiff,
v.
Juan Zamudio-Hernandez, Defendant.

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)(1)(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. ยง 3142(e)(2)(C); A period of not more than five years has elapsed since the (date of conviction)(release of the defendant from ...


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