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United States v. Malaquias-Mendoza

United States District Court, Ninth Circuit

January 28, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
DANIEL MALAQUIAS MENDOZA (1), Defendant.

ORDER

WILLIAM Q. HAYES, District Judge.

The matter before the Court is the motion for revocation of the Magistrate Judge's detention order (ECF No. 185) filed by Defendant Daniel Malaquias Mendoza.

BACKGROUND FACTS

On November 9, 2012, Defendant was arrested pursuant to a Complaint.

On November 14, 2012, Defendant was brought before the Magistrate Judge and counsel was appointed. The Government moved to detain the Defendant on the grounds that he was a flight risk. Defendant requested a detention hearing.

On November 16, 2012, an Indictment was filed in the Southern District of California charging the Defendant Daniel Malaquias-Mendoza and nine others with conspiring to manufacture marijuana, in violation of Title 21, U.S.C. ยงยง 846 and 841(a)(1).

On November 27, 2012, the Magistrate Judge held a detention hearing. The Government made an oral motion for detention and the Court granted the motion without prejudice.

On November 29, 2012, the Magistrate Judge entered a Detention Order finding "by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant as required." (ECF No. 50 at 1).

On January 3, 2013, this Court held a motion hearing.

On January 24, 2013, Defendant moved the Court to substitute counsel. The Court granted the motion.

On February 25, 2013, this Court held a motion hearing and set dates to file pretrial motions.

On July 19, 2013, Defendant moved the Court to substitute counsel. The Court granted the motion.

On October 15, 2013, the Magistrate Judge set a detention hearing as requested by defense counsel.

On October 29, 2013, the Magistrate Judge held a detention hearing. The Government requested detention on the grounds that Defendant is a flight risk. The Government asserted that there is a rebuttable presumption that no combination of conditions will assure the Defendant's appearance and that the Defendant has not rebutted the presumption. The Government asserted that the evidence shows that Defendant and others used federal public lands to grow marijuana, that Defendant has a prior conviction for possession of marijuana for sale, and that Defendant currently has a warrant for his arrest in Riverside County for cultivation of marijuana. Counsel for the Government stated that Defendant "has an extensive family in Mexico" and "ties to co-conspirators who fled to Mexico." (ECF ...


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