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United States v. Viera-Chirinos

United States District Court, N.D. California, San Francisco Division

September 3, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JULIO CESAR VIERA-CHIRINOS, a/k/a "Chino," Defendant.

          DAVID L. ANDERSON (CABN 149604) United States Attorney HALLIE HOFFMAN (CABN 210020) Chief, Criminal Division JULIE D. GARCIA (CABN 288624) Assistant United States Attorney Attorneys for United States of America

          [PROPOSED] ORDER DETAINING DEFENDANT JULIO CESAR VIERA-CHIRINOS PRIOR TO TRIAL

          ELIZABETH D. LAPORTE, United States Magistrate Judge.

         On July 30, 2019, defendant Julio Cesar Viera-Chirinos was charged in a criminal complaint with distribution of controlled substances in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). See No. 19-71156 TSH. On August 8, 2019, a grand jury returned an indictment charging Mr. Viera-Chirinos with the same offense. See No. 19-367 CRB. The defendant was arraigned on August 19, 2019, and on the same day the matter came before this Court for a detention hearing. The defendant was present and represented by Karen McConville, Esq.

         Pretrial Services submitted a report that recommended detention based on risk of flight. A representative of Pretrial Services was also present at the hearing. The Government moved for detention, and the defendant opposed. The parties submitted proffers and arguments.

         Upon consideration of the Pretrial Services report, the court file, and the parties' proffers at the detention hearing, the Court finds by a preponderance of the evidence that, at least at this time, there is no condition or combination of conditions that will reasonably assure the appearance of the defendant as required. Accordingly, the Court orders the defendant detained pending trial.

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

         The Bail Reform Act of 1984 sets forth the factors the Court must consider in determining whether pretrial detention is warranted. In coming to its decision, the Court has considered those factors, paraphrased below:

(1) the nature and seriousness of the offense charged;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person including, among other considerations, employment, past conduct and criminal history, and record of court appearances; and
(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release.

18 U.S.C. § 3142(g).

         In considering the Pretrial Services report, the court file, and the party proffers presented at the hearing, the Court finds the following factors among the most compelling in reaching its conclusion that no combination of conditions can reasonably assure the defendant's appearance as required.

         First, Mr. Viera-Chirinos has very strong connections to Honduras. His two minor children and those children's mother, with whom Mr. Viera-Chirinos said he was in a romantic relationship, still live there. Mr. Viera-Chirinos's parents also live in Honduras, and he told Pretrial Services ...


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