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States v. Gomez-Zaragoza

United States District Court, S.D. California

May 7, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JUVENCIO GOMEZ-ZARAGOZA, Defendant.

          ADAM L. BRAVERMAN, United States Attorney

          ROSARIO GONZALEZ Assistant U.S. Attorney

          Jo Anne Tyrell, Federal Defenders

          FINDINGS OF FACT AND ORDER OF DETENTION

          HON. WILLIAM V. GALLO UNITED STATES MAGISTRATE JUDGE

         In 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.

         Based 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.

         I

         FINDINGS OF FACT

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

         Defendant 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.

         B. 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.

         C. History and Characteristics of Defendant (18 U.S.C. § 3142(g)(3)):

         1. 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.

         2. Physical and Mental Condition: Defendant did not present information on either physical or mental health conditions that weigh either for or against ...


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