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United States v. Uribe

United States District Court, S.D. California

September 24, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RICARDO URIBE, Defendant.

          ROBERT S. BREWER, JR., UNITED STATES ATTORNEY.

          ROSARIO GONZALEZ, ASSISTANT U.S. ATTORNEY.

          FINDINGS OF FACT AND ORDER OF DETENTION

          HON. RUTH BERMUDEZ MONTENEGRO, U.S. MAGISTRATE JUDGE

         In accordance with Title 18 U.S.C. § 3142(f) of the Bail Reform Act of 1984 (18 U.S.C. § 3141, et seq.), a detention hearing was held on August 8, 2019, to determine whether defendant, RICARDO URIBE, should be held in custody pending trial on the grounds that he is a flight risk. Assistant U.S. Attorney Rosario T. Gonzalez appeared on behalf of the United States. Court-appointed counsel Melissa Lubin appeared on behalf of the Defendant.

         Based on the evidence proffered by the United States and the Defendant, the Pretrial Services' report, and the criminal complaint issued against the Defendant on August 5, 2019, by this Court, the Court concludes that the following facts establish by a preponderance of the evidence that no condition or combination of conditions required will reasonably assure the appearance of the Defendant.

         I FINDINGS OF FACT

         A. Nature and Circumstances of the Offense Charged (18 U.S.C. §3142(g)(1)):

         1. The Defendant is charged in Criminal Complaint No. 19MJ10199 with the importation of 21.32 kilograms (47.00 pounds) of a mixture and substance containing a detectable amount of methamphetamine, in violation of Title 21, U.S.C, §§ 952 and 960. Therefore, probable cause exists to believe the Defendant committed the charged offenses.

         2. The charged offenses are offenses for which a maximum term of imprisonment of 10 years or more is prescribed in the Controlled Substances Act (21 U.S.C.§ 801, et seq.). Therefore, there arises a presumption that no condition or combination of conditions will reasonably assure the appearance of the Defendant as required. See, 18 U.S.C. § 3142(e).

         3. The offenses carry with them a minimum mandatory sentence of 10 years and a maximum sentence of life. See, 21 U.S.C. § 960(b)(1)(H). According to the United States Sentencing Guidelines, the Base Offense level is 36. See, USSG § 2D1.1(c)(3). Assuming the Defendant's criminal history score places him in Criminal History Category I, see, USSG § 4A1.1, the sentencing range for the Defendant is 188-235 months in prison.

         B. Weight of the Evidence Against the Defendant (18 U.S.C. §3142(g)(2)):

         1. On August 2, 2019, Ricardo Uribe, a United States citizen, applied for entry into the United States at the Calexico, California East Port of Entry. Uribe was the driver and registered owner of a 2010 black Ford Fusion bearing California license plates.

         2. Customs and Border Protection Officer (CBPO) Chong received a negative customs declaration from Uribe who indicated he was unemployed and going to One Stop in Calexico to look for work. CBPO Chong opted to refer the Ford to the secondary lot for a more thorough inspection.

         3. At Secondary Inspection, a Canine Enforcement Officer utilized a Human/Narcotics Detection Dog to conduct a sniff of the vehicle and the HNDD alerted to the gas tank of the Ford. Upon further inspection of the vehicle, CBPOs discovered a total of forty-two (42) packages containing a white crystal-like substance inside of the gas tank of the Ford. The packages field tested positive for the ...


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