Order of Detention by Magistrate Judge Charles F. Eick as to Defendant Hassan Kanyike — USA v. Kanyike (Dkt. 11, C.D. Cal.)

Summary

A form Order of Detention After Hearing under 18 U.S.C. § 3142, Form CR-94, Doc. 11 in Case No. 2:20-mj-05936-DUTY, United States District Court, Central District of California, filed 12/09/20. The printed form lists grounds for detention such as risk of flight, risk to the safety of other persons or the community, and the presumption in 18 U.S.C. § 3142(e), but the checkmarks and handwritten reasons are not legible in the text. The order paragraphs state that the defendant be detained prior to trial, be confined as far as practicable apart from persons awaiting or serving sentences, and be afforded reasonable opportunity for private consultation with counsel. The date and the signature line of the U.S. Magistrate/District Judge are blank in the text, and the defendant's name does not appear.

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Record facts

Full text

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FIi.rCi —'—'
K U.S. DISTRICT COUF.T
DEC I n 2020
L DIST IC 
F CA! 
I~~`
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
Defendant.
i ORDER OF DETENTION AFTER HEARING
i (18 U.S.C. § 3142(1))
I.
A. () 
On motion of the Government involving an alleged
1. ()crime of violence;
2. ( )offense with maximum sentence of life imprisonment or death;
3. ( )narcotics or controlled substance offense with maximum sentence of ten or more
years (21 U.S.C. §§ 801,/951, et. eus
,/955a);
4. () felony -defendant convicted of two or more prior offenses described above;
5. () any felony that is not otherwise a crime of violence that involves a minor victim, or
possession or use of a firearm or destructive device or any other dangerous weapon,
or a failure to register under 18 U.S.0 § 2250.
B. (.~On motion (~y 
the Government) / ( 
) 
(by the Court sua sponte involving)
If ///
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
~~ CR-94 (U6/07)
Page I of 3
Case 2:20-mj-05936-DUTY     Document 11     Filed 12/09/20     Page 1 of 3   Page ID #:47

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1. ( serious risk defendant will flee;
2. {) serious risk defendant will
a. () 
obstruct or attempt to obstruct justice;
b. () threaten, injure, or intimidate a prospective witness or juror or attempt to .do so.
TI.
The Court finds no condition or combination of conditions will reasonably assure:
A. (appearance of defendant as required; and/or
B. () 
safety of any person or the community.
III.
T'he Court has considered:
A. (~he nature and circumstances of the offense, including whether the offense is a crime of
violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance,
firearm, explosive, or destructive device;
B. ()the weight of evidence against the defendant;
C. (
the history and characteristics of the defendant;
D. (~ 
the nature and seriousness of the danger to any person or to the community.
IV.
The Court concludes;
A. ()Defendant poses a risk to the safety of other persons or the community because:
///
///
///
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94 (06/07) 
Paee 2 of 3
Case 2:20-mj-05936-DUTY     Document 11     Filed 12/09/20     Page 2 of 3   Page ID #:48

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B. (~ 
istory and characteristics indicate a serious risk that defendant will flee because:
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C. () 
A serious risk exists that defendant will:
1. () obstruct or attempt to obstruct justice;
2. () threaten, injure or intimidate awitness/ juror, because:
D. (}Defendant has not rebutted by sufficient evidence to the contrary the presumption
provided in 18 U.S.C. § 3142 (e).
IT IS ORDERED that defendant be detained prior to trial.
IT IS FURTHER ORDERED that defendant be confined as far as practicable in a corrections
facility separate from persons awaiting ar serving sentences or persons held pending appeal.
IT IS FURTHER ORDERED that defendant be afforded reasonable opportunity for private
consultation with his counsel.
DATED: ~~
U.S. MAGIS 
TE /DISTRICT JUDGE
ORDER OF DETENTIOfV AFTER HEARING (18 U.S.C. §3142(1))
~~ CR-94 (06/07)
Paon i of Z
Case 2:20-mj-05936-DUTY     Document 11     Filed 12/09/20     Page 3 of 3   Page ID #:49

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