United States District Court, N.D. California, San Francisco Division
L. ANDERSON United States Attorney HALLIE HOFFMAN Chief,
Criminal Division JULIE D. GARCIA Assistant United States
Attorney Attorneys for United States of America
[PROPOSED] ORDER DETAINING
DEFENDANT JORGE ENRIQUE TORRES-VIERA PRIOR TO TRIAL
Elizabeth D. Laporte United States Magistrate Judge.
26, 2019, defendant Jorge Enrique Torres-Viera, a/k/a
"Enrique," was charged in a criminal complaint with
conspiracy to distribute controlled substances in violation
of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(C).
See Case No. 19-71145 TSH. On August 8, 2019, Torres-Viera
was charged in an indictment with conspiracy to distribute
controlled substances in violation of 21 U.S.C. §§
846 and 841(a)(1) and (b)(1)(B). See 19-367 WHA. The
defendant was arraigned on August 9, 2019, and on the same
day the matter came before this Court for a detention
hearing. The defendant was present and represented by Charles
Wood son, 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, the government's memorandum in support of its
motion, 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, the
government's memorandum in support of its motion, 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. Torres-Viera has very strong connections to Honduras. His
parents, his three minor siblings, and his grandparents still
live there, and he speaks with at least his parents and
siblings every day. Mr. Torres-Viera also has a valid
Honduran passport. Additionally, the government has proffered