United States District Court, N.D. California, Oakland Division
L. ANDERSON (CABN 149604) United States Attorney.
HOFFMAN (CABN 210020) Chief, Criminal Division NIKHIL BHAGAT
(CABN 279892) Assistant United States Attorney Attorneys for
United States of America
[PROPOSED] ORDER OF DETENTION
HONORABLE KANDIS A. WESTMORE, UNITED STATES MAGISTRATE JUDGE.
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).
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.
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).
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