United States v. Illas-Pellot

• Court: Court of Appeals for the First Circuit
• Decided: May 10, 2000
• Docket: 00-1304
• Status: Published

Opinion

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals For the First Circuit

No. 00-1304

UNITED STATES,

Appellee,

v.

LUIS ILLAS-PELLOT, a/k/a NAPO,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Daniel R. Domínguez, U.S. District Judge]

Before

Torruella, Chief Judge, Selya and Stahl, Circuit Judges.

Maria H. Sandoval on brief for appellant. Guillermo Gil, United States Attorney, Jorge E. Vega- Pacheco, Assistant United States Attorney, and Camille Velez- Rive, Assistant United States Attorney, on brief for appellee.

May 9, 2000 Per Curiam. After carefully reviewing the briefs

and record on appeal, we affirm the order below. The grand

jury indictment facially established probable cause to

believe that the appellant had committed a relevant drug

offense punishable by a maximum term of at least ten years.

It thereby triggered the rebuttable presumption that no

conditions of bail could reasonably assure the appellant’s

appearance or the community’s safety. In addition, the

appellant was charged with a serious drug crime, the crime

was allegedly committed while he was on probation for

another offense, and the government proffered some evidence

about its case. Although the appellant asserted that he may

have been misidentified, under the circumstances, he failed

to counter the showing that he posed a risk of flight and a

danger to the community. See United States v. Dillon, 938

F.2d 1412, 1416 (1st Cir. 1991); United States v. Moss, 887

F.2d 333, 337 (1st Cir. 1989); United States v. Jessup, 757

F.2d 378, 384-386 (1st Cir. 1985).

Affirmed. Loc. R. 27(c).