Free Order of Detention - District Court of Colorado - Colorado

Case 1:00-cr-00177-REB

Document 255

Filed 01/25/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 00-cr-00177-REB-3 UNITED STATES OF AMERICA, Plaintiff, v. LEONOR DOSAL, Defendant. _____________________________________________________________________ ORDER OF DETENTION _____________________________________________________________________ THIS MATTER came before the Court for a detention hearing on January 25, 2008. Present were the following: Wayne Campbell, Assistant United States Attorney; Assistant Federal Public Defender Edward A. Pluss, counsel for the defendant; and the defendant. The Court reviewed the Pretrial Services Report and considered the comments of counsel. The Court has concluded that no condition or combination of conditions of release will reasonably assure the appearance of the defendant and the safety of the community, based upon the attached findings. IT IS HEREBY ORDERED that the defendant 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; and IT IS FURTHER ORDERED that the defendant is to be afforded a reasonable opportunity to consult confidentially with defense counsel; and IT IS FURTHER ORDERED that upon order of this Court or on request of an attorney for the United States of America, the person in charge of the corrections facility shall deliver defendant to the United States Marshal for the purposes of an appearance in connection with this proceeding. DATED and ENTERED this 25th day of January, 2008. BY THE COURT: s/ Kristen L. Mix U.S. Magistrate Judge Kristen L. Mix

Case 1:00-cr-00177-REB

Document 255

Filed 01/25/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 00-cr-00177

UNITED STATES OF AMERICA, Plaintiff, v. LEONOR DOSAL, Defendant. _____________________________________________________________________ FINDINGS OF FACT, CONCLUSION OF LAW and REASONS FOR ORDER OF DETENTION _____________________________________________________________________ THIS MATTER came before the Court for a detention hearing on January 25, 2008. The Court has taken judicial notice of the Pretrial Services Report and considered the comments of counsel. In order to sustain a motion for detention, the government must establish that (a) there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the defendant's presence for court proceedings; or (b) there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the safety of any other person or the community. The former element must be established by a preponderance of the evidence, while the latter requires proof by clear and convincing evidence. The Bail Reform Act, 18 U.S.C. § 3142(g), directs the Court to consider the following factors in determining whether there are conditions of release that reasonably assure the appearance of the defendant as required and the safety of any other person and the community: (1) [t]he nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug; the weight of the evidence against the person; the history and characteristics of the person, including ­ (A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and

(2) (3)

Case 1:00-cr-00177-REB

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Filed 01/25/2008

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(B)

whether at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State or local law; and

(4)

the nature and seriousness of the danger to any person or the community that would be posed by the person's release.

In making my findings of fact, I have taken judicial notice of the information set forth in the Pretrial Services Report and the entire court file, and have considered the comments of counsel, including defense counsel's statement that defendant does not contest detention. Weighing the statutory factors set forth in the Bail Reform Act, I find the following: First, the defendant has been charged by indictment with violations of 21 U.S.C. § 846 for conspiracy to possess with intent to distribute cocaine, and other offenses.

Second, I note that the Pretrial Services Report indicates that defendant has a failure to appear resulting in the issuance of a warrant.
Third, I note that the Pretrial Services Report indicates that defendant has resided in Mexico for the past seven years and has been unemployed for the past twelve years. Fourth, I note that the Pretrial Services Report indicates that ICE reports that defendant is currently under removal proceedings. Fifth, I note that the instant offense alleges conspiracy to possess with intent to distribute cocaine, among other defenses. After considering all of the factors set forth in the Bail Reform Act and the offenses charged in this case, I find, by a preponderance of the evidence, that no condition or combination of conditions of release will reasonably assure the appearance of the defendant. I also find, by clear and convincing evidence, that no condition or combination of conditions will reasonably assure the safety of the community. In support of those findings, I note the factors listed above, as well as the lengthy sentence that could be imposed if the defendant is found guilty of the charged offenses. DATED and ENTERED this 25st day of January, 2008.

BY THE COURT: s/ Kristen L. Mix U.S. Magistrate Judge Kristen L. Mix