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United States of America v. Maynor Gonzalez-Garcia

June 25, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MAYNOR GONZALEZ-GARCIA, DEFENDANT.



The opinion of the court was delivered by: The Honorable Ruben B. BROOKSUnited States Magistrate Judge

FINDINGS OF FACT AND ORDER OF DETENTION

In accordance with § 3142(f) of the Bail Reform Act of 1984 (18 U.S.C. § 3141 et seq.), a detention hearing was held on June 21, 2012, to determine whether defendant Maynor Gonzalez-Garcia ("Defendant") should be held in custody pending trial on the grounds that Defendant is a flight risk. Assistant U.S. Attorney Jeffrey L. Shih appeared on behalf of the United States. Attorney Sylvia A. Baiz appeared on behalf of Defendant.

Based on the evidence proffered by the United States and Defendant, the Pretrial Services report, and the Complaint, the Court concludes that the following facts establish by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of Defendant as required.

I. FINDINGS OF FACT

A. Nature and Circumstances of the Offense Charged [18 U.S.C.§ 3142(g)(1)]

1. Defendant is charged in a Complaint with importing approximately 7.76 kilograms of methamphetamine into the United States, in violation of 21 U.S.C. §§ 952, 960(a).

2. If convicted of this charge, Defendant faces a maximum sentence of life in prison and a mandatory minimum sentence of ten years.

3. Given this potential penalty, under 18 U.S.C. § 3142(e)(3)(A), there is a rebuttable presumption that Defendant should be detained.

B. Weight of the Evidence Against the Defendant [18 U.S.C.§ 3142(g)(2)]

1. Although this factor is to be given the least weight, there is probable cause to believe Defendant committed the charged offense, which favors detention.

C. History and Characteristics of the Defendant [18 U.S.C.§ 3142(g)(3)]

1. Character: Issues of character were not explicitly raised during the hearing. This factor will be treated as neutral.

2. Physical and Mental Condition: The Court has some information as to Defendant's physical and mental condition. This information, however, does not weigh for or against detention. Therefore, this factor will be treated as neutral.

3. Family Ties: Defendant has substantial family ties in the United States, including Defendant's mother, sisters, brother, aunts, and uncles. ...


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