United States v. Perez-Lugo

979 F. Supp. 2d 197, 2013 WL 5817654, 2013 U.S. Dist. LEXIS 157228
CourtDistrict Court, D. Puerto Rico
DecidedOctober 10, 2013
DocketCriminal No. 13-573-02 (FAB)
StatusPublished
Cited by1 cases

This text of 979 F. Supp. 2d 197 (United States v. Perez-Lugo) 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. Perez-Lugo, 979 F. Supp. 2d 197, 2013 WL 5817654, 2013 U.S. Dist. LEXIS 157228 (prd 2013).

Opinion

MEMORANDUM AND ORDER

BESOSA, District Judge.

Before the Court is the United States’ motion pursuant to 18 U.S.C. § 3145(a)(1) for a de novo review of the magistrate judge’s release order, as well as the relevant responses, replies and surreplies. (Docket Nos. 29, 36, 41, 44, and 47.)

I. Background

On August 17, 2013, Jorge Perez-Lugo was arrested at the JFK airport in New York after arriving from Argentina. (Docket No. 29 at ¶ 2.) On August 20, 2013, a federal grand jury returned an indictment against Perez-Lugo and Jose DiazRosado for violations of 21 U.S.C. §§ 952, 960, 963, and 846. (Docket No. 7.)

Perez-Lugo’s bail hearing was held before Magistrate Judge Carreño-Coll on September 13, 2013. The United States asked for detention, considering the presumption that defendant Perez-Lugo posed a flight risk and danger to the community.1 Perez-Lugo proffered evidence emphasizing his strong family ties; his steady and gainful employment history; his lack of criminal history, as well as his lack of history of drug or alcohol abuse, violence, or mental illness; and his family’s willingness to take custody of him and finance his bail. (See Docket No. 40.) Magistrate Judge Carreño-Coll issued an order for Perez-Lugo’s conditional release. (Docket No. 34.) Upon the government’s motion, the Court granted a stay of the release order. (Docket Nos. 20 & 21.) The government now moves for a revocation of the release order pursuant to 18 [199]*199U.S.C. § 3145(a)(1). (Docket No. 29.)2

II. Legal Standard

A. The Bail Reform Act

The Bail Reform Act provides the.procedural and substantive rules for determining the appropriateness of pretrial detention for. defendants. 18 U.S.C. § 3142. Pursuant to 18 U.S.C. § 3142(e), where there is probable cause to believe that a defendant has committed certain enumerated crimes, including an offense for which a maximum term of imprisonment of 10 years is prescribed in the Controlled Substances Act and the Controlled Substances Import and Export Act (21 U.S.C. §§ 801, 951 et seq.), a rebuttable presumption arises “that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community.” Id. § 3142(e); see United States v. O’Brien, 895 F.2d 810, 814-15 (1st Cir.1990). Congress based that presumption on findings that “ ‘flight to avoid prosecution is particularly high among persons charged with major drug offenses’ ” and that “ ‘drug traffickers often have established ties outside the United States ... [and] have both the resources and foreign contacts to escape to other countries.’ ” United States v. Jessup, 757 F.2d 378, 384 (1st Cir.1985) (quoting S.Rep. No. 225, at 20 (1983), reprinted in 1984 U.S.C.C.A.N. 1, 23).

To rebut the presumption, the defendant must produce “some evidence” to the contrary, O’Brien, 895 F.2d at 815 (internal citation omitted), in order to show that “what is true in general is not true in the particular case before [the Court].” United States v. Perez-Franco, 839 F.2d 867, 870 (1st Cir.1988) (internal citation omitted). “The government retains the burden of proving that no conditions will reasonably assure the defendant’s appearance.”3 O’Brien, 895 F.2d at 815. Once the defendant has come forward with some evidence, the presumption remains a factor to be considered by the Court in determining whether the defendant should be detained prior to trial. Id. (internal citations omitted).

B. Standard of Review for a Release Order

If a magistrate judge orders the release of a person, the government may move the district court' for a revocation of the order. 18 U.S.C. § 3145(a); United States v. Godines-Lupian, 816 F.Supp.2d 126 (D.P.R.2011) (Gelpi, J.). A district court reviews the magistrate judge’s order de novo, United States v. Tortora, 922 F.2d 880, 883 n. 4 (1st Cir.1990), and need not defer to the magistrate judge’s.findings or give specific reasons for rejecting them. United States v. Koenig, 912 F.2d 1190, 1191-92 (9th Cir.1990); United States v. Leon, 766 F.2d 77, 80 (2d Cir.1985); United States v. Delker, 757 F.2d 1390, 1394-95 (3d Cir.1985); United States v. Medina, 775 F.2d 1398, 1402 (11th Cir.1985). A district court may take additional evidence or conduct a new evidentiary hearing when appropriate. Koenig, 912 F.2d at 1193; Delker, 757 F.2d at 1393-94; United States v. Fortna, 769 F.2d 243, 250 (5th Cir.1985).

To determine whether pretrial detention is warranted, the judicial officer must consider the statutory factors set [200]*200forth in 18 U.S.C. § 3142(g): (1) the nature and circumstances of the offense charged; (2) the weight of the evidence against the defendant; (3) the history and characteristics of the defendant;4 and (4) the danger that would be posed to the community by the defendant’s release. Tortora, 922 F.2d at 884. “Detention determinations must be made individually and, in the final analysis, must be based on evidence which is before the court regarding the particular defendant.” Id.

III. Analysis

After reviewing the parties’ submissions and the record of the proceedings before Magistrate Judge Carreño-Coll, the Court addresses the Section 3142(g) factors in turn.

A. The Nature and Circumstances of the Offense Charged

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Bluebook (online)
979 F. Supp. 2d 197, 2013 WL 5817654, 2013 U.S. Dist. LEXIS 157228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-perez-lugo-prd-2013.