Opinion
No. 4:20-cr-374
2022-01-04
UNITED STATES of America, Plaintiff, v. Luis Carlos Maldonado GARZA, Defendant.
Financial Litigation, Hays Jenkins, Jr., Office of U.S. Attorney, Houston, TX, for Plaintiff.
Financial Litigation, Hays Jenkins, Jr., Office of U.S. Attorney, Houston, TX, for Plaintiff.
ORDER
Dena Hanovice Palermo, United States Magistrate Judge
On January 3, 2022, Defendant appeared before Judge Sam Sheldon for his initial appearance. The Government moved to detain him pending trial, which was set for a detention hearing on January 5, 2022. Defendant was remanded to custody of the U.S. Marshals and transported to the Federal Detention Center ("FDC") for temporary detention pending the hearing. Once at FDC, Defendant tested positive for COVID-19, has been placed in quarantine for at least 10 days, and cannot appear for a detention hearing before he is released from quarantine. Defendant's counsel has requested that the Court reset this hearing for January 18, 2022, when Defendant is expected to be released from quarantine.
This is beyond the usual 3-to-5-day timeframe allowed under the statute to set a detention hearing unless the Court finds good cause for further delay. 18 U.S.C. § 3142(f). Defendant has a right to a detention hearing in which he is given the "opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise." 18 U.S.C. § 3142(f). The hearing shall be held immediately and no more than five days after the initial hearing on Defendant's request, unless there is good cause for further delay. Id. Although defendant's presence may not be required under Rule 43(a) of the Federal Rules of Criminal Procedure, the court can move forward with the detention hearing in the defendant's absence only if he voluntarily and knowingly chooses not to be present. United States v. Martinez , No. 4:21-mj-2706 (S.D. Tex. Jan. 3, 2022) (Docket Entry 7) (citing United States v. Donovan , 2021 WL 6211392 (M.D. N.C. Aug. 16, 2021) ).
The FDC does not have a procedure in place for counsel to confer with a defendant who is in quarantine. The FDC also does not have a procedure in place for a defendant to participate in a hearing remotely while in quarantine. Because the Defendant is in quarantine at the FDC after having tested positive for the COVID virus, the Court finds that there is good cause to delay the detention hearing until Defendant is no longer under quarantine, can confer with his counsel, and attend the hearing in person.
FDC does not have an adequate system in place for any defendant to participate in hearings remotely. Consequently, during this pandemic, the court has required defendants housed at FDC to appear in person in the courtroom for detention hearings, while defendants housed at Joe Corley detention center have been able to participate in detention and other hearings remotely throughout the pandemic.
Accordingly, it is ORDERED that the detention hearing scheduled for January 5, 2022, at 10:30 a.m. is VACATED . The detention hearing will be held on January 18, 2022, at 10:00 a.m. before Judge Francis Stacy.