United States District Court, N.D. California, San Francisco Division
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.
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.
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.
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.
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,
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
18 U.S.C. § 3142(g).
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.
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