1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

KENNETH LEDBETTER,

Defendant.

Case No. 17-cr-00041-HSG-1 (VKD)

ORDER OF DETENTION PENDING 

REVOCATION HEARING

The United States moves for detention of defendant Kenneth Ledbetter, pending a hearing 

before the district judge regarding revocation of his supervised release. The Court held a detention 

hearing by videoconference, with Mr. Ledbetter’s consent, on August 26, 2021. Mr. Ledbetter was 

represented by counsel during the hearing. 

Having considered the factors set forth in 18 U.S.C. § 3142(g), the matters in the third 

amended petition, and the proffers of counsel for Mr. Ledbetter and for the United States, the Court 

concludes that Mr. Ledbetter has not met his burden to show by clear and convincing evidence that he 

is not a danger to others and the community. Fed. R. Crim. P. 32.1(a)(6). 

According to the allegations in the third amended petition, Mr. Ledbetter has not only refused 

to comply with the directions of the Probation Officer, but he has threatened the Probation Officer with 

physical violence. See Dkt. No. 66 (charge 9). In addition, the petition includes allegations that Mr. 

Ledbetter did not comply with prior conditions of release that this Court set on August 10, 2021, and 

which were subsequently adopted by the district judge, in connection with an earlier petition for 

supervised release violations. Dkt. No. 58 and Dkt. No. 66 (charges 7 and 8). Mr. Ledbetter responds

that he has an alternative residence available to him if the Court were to permit him to remain out of 

custody, and he urges the Court to not detain him so that he may continue to care for his child. Mr. 

FILED 

SUSANY. SOONG 

CLERK, U.S. DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

OAKLAND Aug 26 2021

Case 4:17-cr-00041-HSG Document 68 Filed 08/26/21 Page 1 of 2
2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United States District Court

Northern District of California

Ledbetter also cites the adverse and unhealthy conditions of the Santa Rita Jail, particularly during the 

recent surge in COVID-19 cases there, as additional reasons why he should not be detained. Finally, 

Mr. Ledbetter cites a breakdown in communications with his Probation Officer as a reason the Court 

should not view the reported threats against the Probation Officer as posing a danger to others or the 

community, but rather as an expression of Mr. Ledbetter’s frustration with how he is being supervised.

Mr. Ledbetter’s arguments are not persuasive. The Court finds that he did not comply with 

this Court’s prior conditions of release, and the Court views as extremely serious the threats of 

violence described in the third amended petition. Moreover, there is an outstanding arrest warrant 

issued upon the order of the district judge. Mr. Ledbetter was advised at his last appearance to selfsurrender or be arrested. He has not self-surrendered, although he did appear by videoconference for 

his initial appearance on the third amended petition. However, even in the absence of the outstanding 

arrest warrant, the Court would order Mr. Ledbetter detained as a danger to others and the community, 

in accordance with the Bail Reform Act, 18 U.S.C. §§ 3142, 3143(a), pending a revocation hearing to 

be conducted pursuant to Federal Rule of Criminal Procedure 32.1(b)(2). 

Mr. Ledbetter is committed to the custody of the Attorney General or his designated 

representative for confinement in a corrections facility separate, to the extent practicable, from persons 

awaiting or serving sentences or being held in custody pending appeal. Mr. Ledbetter shall be afforded 

a reasonable opportunity for private consultation with defense counsel. On order of a court of the 

United States or on the request of an attorney for the United States, the person in charge of the 

corrections facility shall deliver Mr. Ledbetter to the United States Marshal for the purpose of an 

appearance in connection with a court proceeding.

IT IS SO ORDERED.

Dated: August 26, 2021

VIRGINIA K. DEMARCHI

United States Magistrate Judge

Case 4:17-cr-00041-HSG Document 68 Filed 08/26/21 Page 2 of 2