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United States v. Rosales-Gonzales

United States District Court, S.D. California

May 3, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
Guadalupe ROSALES-Gonzales, Defendant

          ALANA W. ROBINSON Acting United States Attorney

          SETH GAGLIARDI Assistant U.S. Attorney

          FINDINGS OF FACT AND ORDER OF DETENTION

          HON. BERNARD G SKOMAL U.S. 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 May 3, 2017, to determine whether defendant, Guadalupe ROSALES-Gonzales, should be held in custody pending trial on the grounds that he is a flight risk. Assistant U.S. Attorney Seth Gagliardi appeared on behalf of the United States. Court-appointed counsel Michael McCabe appeared on behalf of Defendant.

         Based on the evidence proffered by the United States and Defendant, the Pretrial Services Officer, and the criminal complaint issued against Defendant on May 3, 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 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 Criminal Complaint No. 17MJ8435with Deported Alien Found in the United States (Felony), in violation of Title 8, United States Code, Section 1326. Therefore, probable cause exists to believe Defendant committed the charged offenses.

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

         1. According to the Complaint filed in the Southern District of California on May 3, 2017, the Defendant was found in the United States and was arrested on May 1, 2017, near Ocotillo, California.

         2. Record checks revealed the Defendant was ordered removed from the United States, on February 4, 2004, by an Immigration Judge, and subsequently removed to Mexico via San Ysidro, California on June 28, 2016.

         3. There is no evidence showing the Defendant has applied for and sought or received permission from the Unites States Attorney General or Secretary of the Department of Homeland Security to re-enter the Unites States after being previously removed.

         C. History and Characteristics of the Defendant (18 ...


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