United States v. Ferrer-Sosa

28 F. Supp. 3d 122, 2014 WL 2986023, 2014 U.S. Dist. LEXIS 78389
CourtDistrict Court, D. Puerto Rico
DecidedJune 24, 2014
DocketCriminal No. 08-216 (DRD)
StatusPublished

This text of 28 F. Supp. 3d 122 (United States v. Ferrer-Sosa) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ferrer-Sosa, 28 F. Supp. 3d 122, 2014 WL 2986023, 2014 U.S. Dist. LEXIS 78389 (prd 2014).

Opinion

AMENDED OPINION AND ORDER

DANIEL R. DOMÍNGUEZ, District Judge.

On October 24, 2013, the court delivered a verbal opinion from the bench as to the bail reconsideration requested by co-defendant [3] Jose Ferrer-Sosa, pursuant to the challenge made as to a detention order pending trial determined by Hon. Magistrate Judge Bruce J. McGiverin (hereinafter “USMJ”), at Docket No. 15.1 The district court found defendant a danger to the community. The court made specific findings of fact and conclusions of law from the bench. See Docket No. 176. The court indicated at the hearing that a formal opinion and order would eventually be entered by the Court. In view of co-defendant Ferrer-Sosa’s request for severance (Docket No. 209) filed on May 6, 2014, and other motions recently filed, the court deems appropriate at this time, to enter its formal opinion and order.

I. Background,

1. Co-defendant Jose Ferrer (hereinafter referred to as “[3] Ferrer-Sosa”) is charged in Count 1 . of the second superseding Indictment, with a conspiracy as to the use of an interstate facility in a Murder-For-Hire, under 18 U.S.C. § 1958(a), Docket No. 145. Defendant [3] Ferrer-Sosa is charged, together with co-defendant [1] Aurea Vazquez-Rijos (hereinafter “[1] Aurea Vazquez”), the wife of the victim, and her sister, co-defendant [4] Marcia Vazquez-Rijos (hereinafter “[4] Marcia Vazquez”).

All are charged with using interstate facilities, a car and phones, in the Murder-For-Hire of the then husband of [1] Aurea Vazquez, Adam Joel Anhang Uster (hereinafter “Anhang-Uster”). All three are charged as co-conspirators in the Murder-For-Hire of the victim, Anhang-Uster.

An un-indicted co-conspirator, Alex Pa-bón Colón (hereinafter referred to as “Pa-bón-Colón”), was the person hired to perform the murder, also referred to as the “hit man”.

Count 2 of the second superseding indictment constitutes the substantive charge under Title 18 U.S.C. § 1958(a), wherein only co-defendant [1] Aurea Vázquez is charged with using, an interstate facility, a 2005 white Porsche Cayenne, to drive Pabón-Colón and other co-conspirators to a meeting at Puerta de Tierra in San Juan, with the intent to commit a murder-for-hire by Pabón-Colón, that is, the murder of Anhang-Uster, in violation of the Laws of the Commonwealth of Puerto Rico and the United States, and in consideration for the receipt and promise and agreement to pay a sum of money, all in violation of 18 U.S.C. § 1958(a).

In Count 3, also a violation of 18 U.S.C. § 1958(a), only co-defendant [1] Aurea Vázquez is charged with a substantive violation under 18 U.S.C. § 1958 of using an interstate commerce facility, that is a telephone, to call Anhang-Uster with the intent to commit a murder by Pabón-Colón, also in violation of the Laws of the Commonwealth of Puerto Rico and of the United States, and in consideration for the [124]*124receipt and promise and agreement to pay a sum 'of money, all in violation of 18 U.S.C. § 1958(a).

Count 4, once again, only charges co-defendant [1] Aurea-Vázquez with a substantive violation of the use of an Interstate Facility, that is a BMW 5 series, and using said interstate facility to drive An-hang-Uster to Old San Juan with the intent to culminate the murder of her husband Anhang-Uster together with the hired hit man Pabon-Colon, who is not charged in any count, all in violation of the Laws of the Commonwealth of Puerto Rico and of the United States, and in consideration for the receipt and promise and agreement to pay a sum of money to the murderer, all in violation of 18 U.S.C. § 1958(a).

Count 5 constitutes providing false statements to a Federal Grand Jury in the District of Puerto Rico, under Title 18 U.S.C. § 1623(a). This Count of the second superseding Indictment alleges that a Grand Jury was investigating the plot to hire a hitman to murder Anhang-Uster. Co-defendant [5] Charbel Vazquez-Rijos (hereinafter referred to as “[5] Charbel Vazquez”, was asked by the Grand Jury on July 22, 2013, whether he knew Pablin-Collin. [5] Charbel Vazquez provided material false testimony as to knowing Pablin-Collin, and also, as to discussing with Pablin-Collin, together with other family members of [1] Aurea Vazquez, the “taking care of Anhang-Uster,” or killing Anhang-Uster, all in violation of 18 U.S.C. § 1623(a).

On July 5, 2013, the USMJ denied the bail as explained above. The USMJ found that codefendant [3] Ferrer-Sosa constituted a danger to the community. The, USMJ found that the nature of the offense, a Murder-For-Hire, was serious, as it carried a life sentence under 18 U.S.C. § 1958(a), and, in the instant case, the murder for hire was indeed carried out. The USMJ also found additional reasons for the detention, such as, the use of' controlled substances, and the mental history of co-defendant [3] Ferrer-Sosa, amongst others. See Docket No. 15 at p. 2.

The district court is of the opinion that because the instant offense carries a maximum life sentence of imprisonment, as provided by 18 U.S.C. § 3142(f)(1)(B), when a murder is charged, a rebuttable presumption of detention is established under 18 U.S.C. § 3142(f)(1)(B). The rebut-table presumption causes the defendant to rebut: “that no condition or combination of conditions will reasonably assure [both] the appearance of the person as required and the safety of the community.” 18 U.S.C. § 3142(e)(3).

Therefore, in the opinion of this court, co-defendant [3] Ferrer-Sosa constitutes initially, subject to rebuttal, both a risk of flight to prosecution, and a risk of danger to the community. United States v. Jessup, 757 F.2d 378, 384 (1st Cir.1985), partially abrogated on other non-related grounds by United States v. O’Brien, 895 F.2d 810, 814 (1st Cir.1990) (abrogating Jessup, exclusively as to the standard of appellate review).

On September 27, 2013, more than sixty (60) days after the denial of the USMJ’s .determination, co-defendant [3] Ferrer-Sosa filed a De Novo Bail Review hearing request, without alleging any new facts. Docket No. 165.

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Cite This Page — Counsel Stack

Bluebook (online)
28 F. Supp. 3d 122, 2014 WL 2986023, 2014 U.S. Dist. LEXIS 78389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ferrer-sosa-prd-2014.