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United States v. Garcia-Anzures

United States District Court, W.D. Arkansas, Texarkana Division

March 21, 2019

UNITED STATES OF AMERICA PLAINTIFF
v.
JUAN PABLO GARCIA-ANZURES DEFENDANT

          ORDER

          Susan O. Hickey Chief United States District Judge.

         Before the Court is the Government's Motion and Brief in Support of United States' Appeal of Magistrate Judge's Release Order. ECF No. 17. Defendant has responded. ECF No. 20. The Court finds this matter ripe for consideration.

         BACKGROUND

         On February 11, 2019, a criminal complaint was filed in the instant case accusing Defendant of illegal re-entry in violation of 8 U.S.C. § 1326(a). ECF No. 1. A detention hearing was held on February 21, 2019, before the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 10. Judge Bryant found that pretrial detention was not warranted and released Defendant on an unsecured appearance bond. ECF No. 11. Judge Bryant further issued orders setting various additional conditions of release. ECF Nos. 12, 14.

         On March 1, 2019, the Government filed a Petition to Stay Orders of Pre-trial Release. ECF No. 15. On March 5, 2019, Judge Bryant granted the motion, staying his orders granting and setting the conditions of Defendant's pre-trial release until March 25, 2019. ECF No. 19.

         The Government filed the instant motion, moving the Court to order that Defendant be held in pre-trial detention on March 4, 2019. ECF No. 17. Defendant has responded and opposes the requested relief. ECF No. 20.

         On March 14, 2019, an Indictment was filed against Defendant, alleging violations of 18 U.S.C. § 1546(a) for use of fraudulent residency/citizenship documents, 42 U.S.C. § 408(a)(7)(B) for use of a fraudulent social security number not assigned to him, and 8 U.S.C. § 1326(a) for illegal re-entry. ECF No. 22.

         DISCUSSION

         Title 18 U.S.C. § 3142 governs the pre-trial release or detention of a defendant.[1] As stated above, in the instant motion the Government moves for the pre-trial detention of Defendant. The Government's request for pre-trial detention requires a two-step inquiry. See United States v. Villatoro-Ventura, 330 F.Supp.3d 1118, 1124 (N.D. Iowa 2018). First, the Court must determine whether the Government has shown by a preponderance of the evidence that it is authorized to seek detention under section 3142(f)(1) or (2). Id. Section 3142(f)(2) allows for the Government- or the Court on its own initiative-to move for detention where there is a serious risk that a defendant will flee. The parties do not specifically address the two-step analysis or otherwise argue which subsection of section 3142(f) is applicable, however, upon review of the briefing, it appears the Government contends that Defendant is a flight risk, as contemplated by section 3142(f)(2)(A). Moreover, at the detention hearing Judge Bryant found that “there is a risk of flight in this matter, ” ECF No. 21, p. 29, and the parties do not appear to oppose this portion of Judge Bryant's findings. Accordingly, the Court finds that section 3142(f)(2)(A) has been satisfied so as to allow the Court to move on to the second step of the analysis on which the parties focus.

         The Court now must ask whether any condition or combination of conditions could be imposed to reasonably assure Defendant's appearance at trial. 18 U.S.C. § 3142(e) (stating that a court may only order pre-trial detention upon a finding that “no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community[.]”)[2]; Villatoro-Ventura, 330 F.Supp.3d at 1125. In making this determination, courts must:

take into account the available information concerning . . . (1) the nature and circumstances of the offense charged . . .; (2) the weight of the evidence against the person; (3) the history and characteristics of the person . . .; 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)(1)-(4).

         In the instant motion, the Government asserts that no condition or set of conditions could reasonably assure Defendant's appearance at trial. The Government must show by a preponderance of the evidence that no release condition or conditions will reasonably assure Defendant's appearance. See United States v. Kisling, 334 F.3d 734, 735 (8th Cir. 2003) (“After reviewing the district court's order, we agree the government met its burden to show by a preponderance of the evidence that no condition or set of conditions would reasonably assure [the defendant's] appearance for trial.”).

         In support of its position, the Government argues that the weight of the evidence regarding the instant charge of illegal re-entry in violation of 8 U.S.C. § 1326(a)[3] is substantial. The Government further notes that Defendant is an undocumented immigrant who currently has an Immigration and Customs Enforcement (“ICE”) detainer lodged against him and has been previously removed from the United States. Accordingly, the Government states that Defendant is “subject to re-removal under” his prior order of removal. Furthermore, the Government notes that it introduced evidence at the detention hearing establishing that, in 2017, Defendant was convicted of sexual assault in the fourth ...


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