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United States v. Camarena

United States District Court, D. Arizona

November 14, 2016

United States of America, Plaintiff,
v.
Kevin Ezra Camarena, Defendant.

          DETENTION ORDER

         On November 9, 2016, the Court conducted the pretrial release revocation hearing in this matter. The Government requests Defendant be found in violation of his pretrial release conditions and detained as a flight risk and danger to the community. Defendant argues the Government has not satisfied its burden of proof and requests Defendant be released under the previous or additional pretrial release conditions.

         The Court has also considered the exhibits, proffers, and argument of the parties. The Court finds the Government has satisfied its burden of proof that Defendant violated his conditions of pretrial release. The Court further finds Defendant shall be detained as a flight risk.

         I. Factual and Procedural Background

         On September 29, 2016, Defendant was released on Conditions of Release that required Defendant to not commit any federal, state, or local crime. (Doc. 8.) On October 31, 2016, United States Pretrial Services Officer Alex Chavez filed a Petition for Action on Conditions of Pretrial Release that alleged a violation of pretrial release conditions due to conduct occurring on October 30, 2016. Specifically, the Petition alleged Defendant was arrested for the offenses of misdemeanor Disorderly Conduct and felony Unlawful Discharge of a Firearm. (Doc. 17.)

         II. Evidentiary Rules

         “The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at [a detention] hearing.” 18 U.S.C. § 3142(f). The Federal Rules of Evidence are also inapplicable in a detention hearing. Fed.R.Evid. 1101(d)(3). See also United States v. Winsor, 785 F.2d 755, 756 (9th Cir. 1986) (“the government may proceed in a detention hearing by proffer or hearsay”).

         III. The Bail Reform Act

         The Bail Reform Act of 1984, 18 U.S.C. § 3141, et seq., permits the revocation of release and an order of detention for a person who has been released under 18 U.S.C. § 3142 and has violated a condition of that release. 18 U.S.C. § 3148(a). Revocation and detention are mandated if, after a hearing, the judicial officer-

(1) finds that there is-
(A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or
(B) clear and convincing evidence that the person has violated any other condition of release; and
(2) finds that-
(A) based on the factors set for in section 3142(g) of this title, there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the ...

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