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United States v. Torres-Viera

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

September 3, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JORGE ENRIQUE TORRES-VIERA, a/k/a "Enrique," Defendant.

          DAVID 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.

         On July 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.

         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, 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.

         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, 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.

         First, 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 that ...


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