The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
Following his plea of guilty to misprision of a felony in violation of 18 U.S.C. § 4, defendant Grant Blair was sentenced by this Court to a term of 36 months of incarceration to be followed by one year of supervised release. The defendant's supervised release period commenced on February 5, 2009, and the defendant was permitted to move to California to be supervised by the probation office for the Central District of California, although this Court retained jurisdiction over his supervised release sentence.
On July 7, 2009, a petition for violation of supervised release was brought against the defendant in the Central District of California. The petition alleges that the defendant violated various terms and conditions of his supervised release by: (1) leaving the district without the permission of the Court or Probation to travel to Las Vegas; (2) regularly staying at an address not reported to his Probation officer; (3) having unsupervised contact with children; (4) using a computer without giving advance notification to his Probation Officer (and setting up software on said computer in order to prevent and/or circumvent Probation's ability to monitor the computer); and (5) committing new crimes by collecting public assistance while he was employed.
The defendant was arrested on these violations and a detention hearing was held before the Hon. Oswald Parada, United States Magistrate Judge for the Central District of California. The government moved for detention. On August 7, 2009, Magistrate Judge Parada ordered that the defendant be released on an unsecured $100,000 appearance bond. The government appealed that release order to this Court pursuant to 18 U.S.C. § 3145. On August 17, 2009, this Court issued an order staying the defendant's release pending a hearing on the government's appeal.
On October 8, 2009, this Court heard oral argument on the government's appeal. After hearing argument and upon review of the record on appeal, the Court hereby grants the government's appeal and orders the defendant detained pending a hearing on the alleged supervised release violations.
Pursuant to Rule 32.1(a)(6) of the Federal Rules of Criminal Procedure, a person arrested for a supervised release violation shall be released or detained in accordance with the provisions of 18 U.S.C. § 3143(a), which provides:
[T]he judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence . . . be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c)).
See 18 U.S.C. § 3143(a). The defendant bears the burden of proving that he does not pose a risk of flight or a danger to the community. See Fed. R. Crim. P. 32.1(a)(6).
In determining whether a person poses a danger to the community or a risk of flight, the Court considers the following factors:
(1) The nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the ...