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United States of America, Plaintiff v. Fortunato Rodelo-Lara

April 5, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FORTUNATO RODELO-LARA ,
DEFENDANT.



The opinion of the court was delivered by: Nathanael Cousins United States Magistrate Judge

ORDER OF DETENTION PENDING TRIAL

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), the Court held a detention hearing on April 2, 2012. Defendant was present, represented by his attorney Geoffrey Glenn. The United States was represented by AUSA Waqar Hasib. Rodelo-Lara is charged in two counts (1 and 7) of the Indictment with violations of 21 U.S.C. §§ 841 and 846 for conspiracy to distribute and possession with intent to distribute cocaine. Those charges create a rebuttable presumption of detention and also a statutory mandatory minimum prison sentence upon conviction.

PART I.PRESUMPTIONS APPLICABLE

/ / The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and the defendant has been convicted of a prior offense described in 18 U.S.C. § 3142(f)(1) while on release pending trial for a federal, state or local offense, and a period of not more than five (5) years has elapsed since the date of conviction or the release of the person from imprisonment, whichever is later.

This establishes a rebuttable presumption that no condition or combination of conditions will reasonably assure the safety of any other person and the community.

/ X / There is probable cause based upon the indictment to believe that the defendant has committed an offense

A. X for which a maximum term of imprisonment of 10 years or more is prescribed in 21 U.S.C. § 801 et seq., § 951 et seq., or § 955a et seq., OR

B. under 18 U.S.C. § 924(c): use of a firearm during the commission of a felony.

This establishes a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.

/ / No presumption applies.

PART II.REBUTTAL OF PRESUMPTIONS,IF APPLICABLE

/ X / The defendant has not come forward with sufficient evidence to rebut the applicable presumption, and he therefore will be ordered detained.

/ / The defendant has come forward with evidence to rebut the applicable presumption[s] to wit: . Thus, the burden of proof ...


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