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United States v. Faudoa

United States District Court, S.D. California

April 7, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ALEXANDER DAVID FAUDOA, Defendant.

          ALANA W., Robinson Acting United States Attorney

          LARA A. STINGLEY Assistant U.S. Attorney

          Douglas C. Brown Attorney for Alexander Faudoa

          FINDINGS OF FACT AND ORDER OF DETENTION

          HON. PETER C. LEWIS, UNITED STATE MAGISTRATE JUDGE

         In accordance with Title 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 March 21, 2017, to determine whether defendant ALEXANDER DAVID FAUDOA, should be held in custody pending trial on the grounds that he is a flight risk. Assistant U.S. Attorney Lara A. Stingley appeared on behalf of the United States. Attorney Danielle Iredale specially appeared for attorney Douglas C. Brown on behalf of the Defendant.

         Based on the evidence proffered by the United States and the Defendant, the Pretrial Services report, and the criminal complaint issued against the Defendant on March 21, 2017, by this 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.

         I

         FINDINGS OF FACT

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

         1. The Defendant is charged in Criminal Complaint No. 17MJ8205-PCL with Transportation of Illegal Aliens and Aiding and Abetting, in violation of Title 8 U.S.C, Sections 1324(a)(1)(A)(ii) and (v)(II).

         Therefore, probable cause exits to believe the Defendant committed the charged offenses.

         B. Weight of the Evidence Against the Defendant (18 U.S.C. $ 3142(g)(2)):

         On December 29, 2016, FBI Special Agents asked CW to contact FAUDOA on a consensually-monitored telephone[1]. During the telephone call, FAUDOA told CW that he was staying in Mexicali, Mexico because he left his wallet, identification, and other belongings in a stash house that was recently identified and taken down by Border Patrol.[2]FAUDOA asked CW if he could come to El Centro that evening to transport aliens because FAUDOA could not reach his usual drivers since he was in Mexicali. FAUDOA told CW that the pickup area would be near the second bridge[3] and that he would be watching from "up top.[4]" FBI and Border Patrol agents subsequently conducted physical surveillance of CW as he/she drove towards the pickup location. During surveillance, the FBI monitored consensually-recorded telephone calls between FAUDOA and CW, wherein FAUDOA instructed CW to be at the pickup location at 6:00 p.m. because the aliens would be ready between 6:30 p.m. and 7:00 p.m.

         On December 29, 2016, at approximately 6:07 p.m., FAUDOA instructed CW to drive between the first and second bridges and to stop when he saw a bunch of little lights near the side of the road. At approximately 6:10 p.m., FAUDOA placed CW on a three-way telephone call with "Nino" to pinpoint CW's precise location. The telephone call lasted approximately nine minutes and consisted of multiple, unsuccessful attempts by FAUDOA and Nino to guide CW to a location where the aliens were hiding near a red antenna. After much confusion, Nino and FAUDOA changed the location to be near the yellow lights in i alignment with what FAUDOA ...


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