United States District Court, S.D. California
W. ROBINSON Acting United States Attorney
GAGLIARDI Assistant U.S. Attorney
FINDINGS OF FACT AND ORDER OF DETENTION
BERNARD G SKOMAL U.S. MAGISTRATE JUDGE
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.
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.
FINDINGS OF FACT
Nature and Circumstances of the Offense Charged (18
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.
Weight of the Evidence Against the Defendant (18 U.S.C.
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,
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.
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
History and Characteristics of the Defendant (18 ...