United States District Court, D. Arizona
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.
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.
Factual and Procedural Background
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.)
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”).
The Bail Reform Act
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 ...