United States District Court, S.D. California
S. BREWER, JR., UNITED STATES ATTORNEY.
ROSARIO GONZALEZ, ASSISTANT U.S. ATTORNEY.
FINDINGS OF FACT AND ORDER OF DETENTION
RUTH BERMUDEZ MONTENEGRO, U.S. MAGISTRATE JUDGE
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.
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.
FINDINGS OF FACT
Nature and Circumstances of the Offense Charged (18
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.
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.
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.
Weight of the Evidence Against the Defendant (18 U.S.C.
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.
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.
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 ...