What factors will the court consider when determining whether a defendant is a potential danger to the community for the purposes of his probation?

MultiRegion, United States of America

The following excerpt is from United States v. Orozco, No. 2:18-cr-00104-KJM (E.D. Cal. 2020):

Here, defendant has a criminal history, with a prior felony firearms conviction incurred less than two years prior to his arrest related to the current charges. He is charged with an offense that was allegedly part of a larger chain of distribution, based on actions he reportedly took while first on formal state supervision; his conversion to informal supervision assumed he had fully complied with the conditions previously in effect. While not dispositive of defendant's current inclination toward criminal behavior, the court may consider past criminality in similar circumstances as relevant to the determination of danger to the community. See, e.g. United States v. Gray, 529 F.Supp.2d 177, 182 (D. Mass. 2007) (finding relevant defendant's past violations of probation while he lived with his mother, where he proposed to return on his release). This factor weighs strongly against defendant.

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