United States District Court, S.D. California
L. BRAVERMAN, United States Attorney
ROSARIO GONZALEZ Assistant U.S. Attorney
Anne Tyrell, Federal Defenders
FINDINGS OF FACT AND ORDER OF DETENTION
WILLIAM V. GALLO UNITED STATES MAGISTRATE JUDGE
accordance with § 3142 the Bail Reform Act of 1984 (18
U.S.C. § 3141, etseq.), this Court conducted a
detention hearing on May 2, 2018, to determine whether
Juvencio Gomez-Zaragoza ("Defendant") should be
held in custody pending trial based on risk of flight.
Assistant United States Attorney Rosario T. Gonzalez appeared
on behalf of the United States. Attorney Jo Anne Tyrell
appeared on behalf of the defendant.
on the evidence proffered by the United States and Defendant,
and the Complaint, the Court concludes that the following
facts establish by a preponderance of the evidence that no
condition or combination of conditions will reasonably assure
Defendant's appearance as required.
Nature and Circumstances of the Offense Charged (18 U.S.C.
is charged by Complaint with transportation of illegal
aliens, a felony, in violation of 8 U.S.C. § 1324. While
there is not a rebuttable presumption of detention, Defendant
faces a significant amount of time in custody which may
entice him to flee.
Weight of the Evidence Against Defendant (18 U.S.C. §
3142(g)(2)): Although this factor is to be given the
least weight, there is probable cause to believe that
Defendant committed the charged offense, and there is strong
evidence against Defendant as set forth in the Complaint.
This factor weighs in favor of detention.
History and Characteristics of Defendant (18 U.S.C. §
Character: Defendant is a 34-year-old Mexican
citizen with no legal right to enter or remain in the United
States. There is insufficient evidence about Defendant's
character to weigh either for or against detention. This
factor will be treated as neutral.
Physical and Mental Condition: Defendant did
not present information on either physical or mental health
conditions that weigh either for or against ...