The opinion of the court was delivered by: Hon. Ruben B. Brooks United States Magistrate Judge
FINDINGS OF FACT AND ORDER OF DETENTION
In accordance with 18 U.S.C. § 3142(f) of the Bail Reform Act of 1984 (18 U.S.C. § 3141, et seq.), a detention hearing was held on July 11, 2012, to determine whether defendant, William NAVARRO, should be held in custody pending trial on the grounds that he is a flight risk. Assistant U.S. Attorney Karla K. Davis appeared on behalf of the United States. Mayra Gonzalez from Federal Defenders of San Diego, Inc., appeared on behalf of the Defendant.
Based on the evidence proffered by the United States and the Defendant, the Pretrial Services Officer, and the criminal complaint issued against the Defendant on July 9, 2012, by the Court, the Court concludes that the following facts establish by a preponderance of the evidence that no condition or combination of conditions required will reasonably assure the appearance of the Defendant.
A. Nature and Circumstances of the Offense Charged (18 U.S.C. §3142(G)(1)
1. The Defendant is charged in Criminal Complaint No. 12MJ8731 with the importation of 1.08 kilograms (2.38 pounds) of heroin, in violation of Title 21 U.S.C. §§ 952 and 960. Therefore, probable cause exists to believe the Defendant committed the charged offense.
2. The charged offense is an offense for which a maximum term of imprisonment of 10 years or more is prescribed in the Uniform Controlled Substances Act (21 U.S.C.§ 801, et seq.). Thus, there arises a presumption that no condition or combination of conditions will reasonably assure the appearance of the Defendant as required. See 18 U.S.C. § 3142(e).
3. The offense carries with it a minimum mandatory 10-year sentence and a maximum term of life. See, 21 U.S.C. § 960(b)(1)(B). According to the United States Sentencing Guidelines, the Base Offense level is 32. See, USSG § 2D1.1(4). Assuming the Defendant's criminal history score places him in Criminal History Category III, see, USSG § 4A1.1, the sentencing range for the Defendant is 121-151 months in prison.
B. Weight of the Evidence Against the Defendant (18 U.S.C. § 3142(g)(2):
1. On July 6, 2012, Defendant, a United States citizen, entered the United States at the Calexico, California West Port of Entry via pedestrian lanes. Defendant presented a California birth certificate. Defendant stated to Customs and Border Protection Officer (CBPO) E. Jacobo he was going to Calexico and was returning from Mexicali, Mexico, where he currently resides. Defendant stated he was on his way to see his probation officer. CBPO Jacobo referred Defendant to pedestrian secondary for further inspection. At secondary, CBPO Jacobo performed a pat-down of Defendant and discovered one package within Defendant's pant leg. The package was probed producing a brown substance, which field-tested positive for heroin. The package had a weight of approximately 1.08 kilograms (2.38 pounds). Defendant admitted knowledge of the narcotics and the attempt to smuggle it into the United States.
C. History and Characteristics of the Defendant (18 U.S.C. § 3142(G)(3):
1. Defendant is a United States citizen.
2. Defendant resides in Mexicali, Baja ...