U.S. v. DOMINGUEZ

WILLIAM McCURINE, JR., Magistrate Judge

In accordance with § 3142(f) of the Bail Reform Act of 1984 ( 18 U.S.C. § 3141 et seq.), a detention hearing was held on February 1, 2004, to determine whether Defendant Agustin Dominguez (hereinafter "Defendant") should be held in custody pending trial on the grounds that he is a flight risk and a danger to the community. Assistant United States Attorney Carol M. Lee appeared on behalf of the United States, and Philip Shapiro, appeared on behalf of Defendant.

Based on the evidence proffered by the United States and Defendant, the pretrial services report, and the criminal indictment returned against Defendant on January 25, 2005, by a federal grand jury sitting in the Southern District of California, the Court concludes that, the Court finds that the Government has established by a preponderance of the evidence that there is no condition or combination of conditions that would reasonably assure the appearance of the Defendant at future court appearances. The Government has established by clear and convincing evidence that there is no condition or combination of conditions that would reasonably assure the safety of the community.

A. Nature and Circumstances of the Offense Charged ( 18 U.S.C. § 3142(G)(1))

1. Defendant is charged in Criminal Indictment No. 05CR0109-R with distribution of methamphetamine. Therefore, there exists probable cause to believe Defendant committed the charged offense.

2. The charged offense is an offense for which a maximum term of imprisonment of ten (10) years or more is prescribed in the Controlled Substances Act ( 21 U.S.C. § 801 et seq.). See 21 U.S.C. § 841(b)(1)(A). Thus, there arises a presumption that no condition or combination of conditions will reasonably assure the appearance of Defendant as required. See 18 U.S.C. § 3142(e).

3. If convicted of this charge, Defendant faces a mandatory minimum sentence of 5 years imprisonment. See 21 U.S.C. § 841 (b)(1)(A) and (B).

B. Weight of the Evidence Against the Defendant ( 18 U.S.C. § 3142(g)(2))

1. The weight of the evidence against Defendant is strong in that an indictment charging distribution of methamphetamine was returned against Defendant by a grand jury sitting in the Southern District of California.

C. History and Characteristics of Defendant ( 18 U.S.C. § 3142(g)(3))

1. Defendant is a U.S. citizen with family ties in the United States.

2. Defendant has secured future employment.

3. Defendant has resided in his community for some time.

4. Defendant's past criminal conduct includes one 1993 misdemeanor conviction for carrying a concealed weapon and a 2004 felony conviction for possession of a controlled substance.

D. Nature and Seriousness of Danger Posed by Release ( 18 U.S.C. § 3142(g)(4))

1. The nature of the danger posed by this Defendant, as expressed by the Government, is that the Defendant has ready access to firearms.

A. There is probable cause to believe that Defendant committed the offense charged in Criminal Indictment No. 05CR0109-R, distribution of methamphetamine, in violation of Title 21, United States Code, Section 841(a)(1).

B. Defendant faces a substantial period of time in custody if convicted of the offense charged in the Indictment; specifically, he faces a mandatory minimum sentence of five (5) years imprisonment. He therefore has a strong motive to flee.

C. Other reasons stated by the court for detention include his past criminal conduct.

D. Defendant has not rebutted the presumption, based upon the Court's finding that there is probable cause to believe that Defendant committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act ( 21 U.S.C. § 801 et seq.), that no condition or combination of conditions will reasonably assure the appearance of Defendant at future court proceedings.

IT IS HEREBY ORDERED that Defendant be detained pending trial in this matter.

IT IS FURTHER ORDERED that Defendant be committed to the custody of the Attorney General or her 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. The Defendant shall be afforded reasonable opportunity for private consultation with counsel.

While in custody, upon order of a court of the United States or upon the request of an attorney for the United States, the person in charge of the correctional facility shall deliver Defendant to the United States marshal for the purpose of an appearance in connection with a court proceeding or any other appearance stipulated to by defense and counsel for the United States.

THIS ORDER IS ENTERED WITHOUT PREJUDICE.

IT IS SO ORDERED.