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United States v. Limon-Lomeli

United States District Court, N.D. California, Oakland Division

June 14, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CARLOS ALBERTO LIMON-LOMELI, Defendant.

          DAVID L. ANDERSON (CABN 149604) United States Attorney.

          HALLIE HOFFMAN (CABN 210020) Chief, Criminal Division NIKHIL BHAGAT (CABN 279892) Assistant United States Attorney Attorneys for United States of America

          [PROPOSED] ORDER OF DETENTION PENDING TRIAL

          THE HONORABLE KANDIS A. WESTMORE, UNITED STATES MAGISTRATE JUDGE.

         A grand jury has charged defendant Carlos Alberto Limon-Lomeli with Possession With Intent to Distribute 500 grams or more of a Mixture and Substance Containing a Detectable Amount of Methamphetamine in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A). Because Mr. Limon-Lomeli stands charged with a violation of the Controlled Substances Act for which the maximum term of imprisonment is ten years or more, there is a rebuttable presumption that no condition of combination of conditions will reasonably assure his appearance as required or the safety of the community. See 18 U.S.C. § 3142(e)(3).

         On May 17, 2019, Mr. Limon-Lomeli had an initial appearance before the undersigned. The Government moved for his detention pending trial pursuant to 18 U.S.C. § 3142(f)(1)- The Court held a detention hearing on May 29, 2019 at 9:30 a.m. and a continued detention hearing on June 6, 2019 at 10:00 a.m. At the hearings, counsel for the defendant and counsel for the Government submitted proffers and argument regarding pretrial detention and what conditions, if any, would reasonably assure the appearance of the defendant as required and the safety of the community. The Court considered those proffers and arguments, as well the memorandum the United States filed on June 5, 2019 (ECF No. 10) and a Pre-Bail Report prepared by Pretrial Services as well as addenda to that Pre-Bail Report.

         This written order supplements the Court's findings and oral order at the detention hearing and serves as written findings of fact and a statement of reasons as required by Title 18, United States Code, Section 3142(i)(1).

         In addition to those findings made on the record, the Court adopts the factual findings set forth in the Pre-Bail Report and also finds the following:

(1) the nature of the offense with which the defendant stands charged gives rise to a rebuttable presumption that no condition or combination of conditions will reasonably assure his appearance or the safety of the community, see 18 U.S.C. § 3142(e)(3);
(2) the defendant is a citizen of Mexico who has no legal status in the United States;
(3) the defendant remained in the United States in contravention of the terms of the visitor visa that was issued to him;
(4) the defendant has significant ties to Mexico, the country where he has spent most of his life;
(5) the defendant is the subject of an outstanding warrant in Contra Costa County for failure to appear;
(6) the defendant has been involved with the distribution of methamphetamine, a dangerous narcotic, since at least 2017;
(7) while the defendant was being investigated by federal agents in 2017, he located and removed a tracker those agents ...

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