Order of Detention After Hearing — United States v. Cara Marie Kirk-Connell
Summary
Order of Detention After Hearing, filed 01/11/21 as Document 49 in Case 5:20-cr-00210-AB (CASE NO. EDCR20-210-AB), concerning defendant Cara Marie Kirk-Connell. On the Government's motion, the court finds that no condition or combination of conditions will reasonably assure her appearance as required or the safety of any person or the community. Reasons checked for flight risk are the instant charges and allegations of violation of supervision, a history of escape in 2018, new criminal conduct while on supervision and substance abuse. The magistrate judge orders her detained prior to trial and committed to the custody of the Attorney General.
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“Order of Detention After Hearing — United States v. Cara Marie Kirk-Connell.”
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, SHA-256 c114238176105adb063ce954e965af32cb42511ab5f89b3e70d3e9586f7b9c9e.Full text
Case 5:20-cr-00210-AB Document 49 Filed 01/11/21 Page 1 of 4 Page ID #:124
(
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6 UNITED STATES DISTRICT COURT
7 CENTRAL DISTRICT OF CALIFORNIA
8
UNITED STATES OF AMERICA,
9
10 Plaintiff, CASE NO. EDCR20-210-AB
11 v.
12
CARA MARIE KIRK-CONNELL ORDER OF DETENTION
13
14 Defendant.
15
16 1.
17 A. () On motion of the Government in a case allegedly involving:
18 1. () a crime of violence.
19 2. () an offense with maximum sentence of life imprisonment or death.
20 3. () a narcotics or controlled substance offense with maximum sentence
21 of ten or more years .
22 4. () any felony - where the defendant has been convicted of two or more
23 prior offenses described above.
24 5. () any felony that is not otherwise a crime of violence that involves a
25 minor victim, or possession or use of a firearm or destructive device
26 or any other dangerous weapon, or a failure to register under 18
27 V.S.C § 2250.
X motion by the Government / ( ) on Court's own motion, in a case
28 B. () On
ORDER OF DETENTION AFTER HEARING (18 U.S.c. §3142(i))
CR-94 (06/07) Page 1 of4
Case 5:20-cr-00210-AB Document 49 Filed 01/11/21 Page 2 of 4 Page ID #:125
1 allegedly involving:
2 X On the further allegation by the Government of:
()
3 X a serious risk that the defendant wil flee.
1. ()
4 2. () a serious risk that the defendant wil:
5 a. ( ) obstruct or attempt to obstruct justice.
6 b. ( ) threaten, injure, or intimidate a prospective witness or juror or
7 attempt to do so.
8 C. The Government ( ) is/ (X) is not entitled to a rebuttable presumption that no
9 condition or combination of conditions wil reasonably assure the defendant's
10 appearance as required and the safety of any person or the community.
11
12 II.
13 A. (X) The Court finds that no condition or combination of conditions wil
14 reasonably assure:
15 1. (X) the appearance of the defendant as required.
16 (X) and/or
17 2. (X ) the safety of any person or the community.
18 B. ( ) The Court finds that the defendant has not rebutted by sufficient
19 evidence to the contrary the presumption provided by statute.
20
21 III.
22 The Court has considered:
23 A. the nature and circumstances of the offense(s) charged, including whether the
24 offense is a crime of violence, a Federal crime of terrorism, or involves a minor
25 victim or a controlled substance, firearm, explosive, or destructive device;
26 B. the weight of evidence against the defendant;
27 C. the history and characteristics of the defendant; and
28 D. the nature and seriousness of the danger to any person or to the community.
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(i))
CR-94 (06/07) Page 2 of4
Case 5:20-cr-00210-AB Document 49 Filed 01/11/21 Page 3 of 4 Page ID #:126
1 iv.
2 The Court also has considered all the evidence adduced at the hearing and the
3 arguments and/or statements of counsel, and the Pretrial Services
4 Report/recommendation.
6 V.
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7 The Court bases the foregoing finding( s) on the following:
8 A. () X
As to flight risk:
9 Instant charges and allegations of violation of supervision
10 History of escape in 2018
11 New criminal conduct while on supervision
12 Substance abuse
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16 B. () x As to danger:
Instant charges and allegations of violations of supervision
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18 New criminal conduct while on Supervision
19 Substance abuse
20 Criminal history
21 Prior violations of supervision
22
24 V1.
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25 A. () The Court finds that a serious risk exists that the defendant wil:
26 1. ( ) obstruct or attempt to obstruct justice.
27 2. ( ) attempt to/ ( ) threaten, injure or intimidate a witness or juror.
28
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(i))
CR-94 (06/07) Page 3 of4
Case 5:20-cr-00210-AB Document 49 Filed 01/11/21 Page 4 of 4 Page ID #:127
1 B. The Court bases the foregoing finding(s) on the following:
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9 VII.
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11 A. IT is THEREFORE ORDERED that the defendant be detained prior to triaL.
---- ._--- - ------ - ----
12 B. IT is FURTHER ORDERED that the defendant be committed to the
13 custody of the Attorney General for confinement in a corrections facilty
14 separate, to the extent practicable, from persons awaiting or serving
15 sentences or being held in custody pending appeaL.
16 C. IT is FURTHER ORDERED that the defendant be afforded reasonable
17 opportunity for private consultation with counseL.
18 D. IT is FURTHER ORDERED that, on order of a Court of the United States
19 or on request of any attorney for the Government, the person in charge of
20 the corrections facilty in which the defendant is confined deliver the
21 defendant to a United States marshal for the purpose of an appearance in
22 connection with a court proceeding.
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6/
26 DATED: 1/11/21
KENL Y KIYA KA TO
27 UNITED STATES MAGISTRATE JUDGE
28
ORDER OF DETENTION AFTER HEARING (18 U.S.c. §3142(i))
CR-94 (06/07) Page 4 of4
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