Opinion
21-MJ-2678-2
06-08-2021
UNITED STATES OF AMERICA, Plaintiff, v. EDGAR ADRIAN HERNANDEZ-LEMUS, Defendant.
ORDER OF DETENTION
ALKA SAGAR, UNITED STATES MAGISTRATE JUDGE
I.
On June 8, 2021, Defendant made his initial appearance on the criminal complaint filed in this matter, assisted by Jesus Rivera, Spanish language interpreter. Humberto Diaz, a member of the indigent defense panel was appointed to represent Defendant. Defendant submitted on the recommendation of detention by Pretrial Services.
[ ] On motion of the Government [18 U.S.C. § 3142(f)(1)] in a case allegedly involving a narcotics or controlled substance offense with maximum sentence often or more years.
[X] On motion by the Government or on the Court's own motion [18 U.S.C. § 3142(f)(2)] in a case allegedly involving a serious risk that the defendant will flee.
The Court concludes that the Government is not entitled to a rebuttable presumption that no condition or combination of conditions will reasonably assure the defendant's appearance as required and the safety or any person or the community [18 U.S.C. § 3142(e)(2)].
II.
The Court finds that no condition or combination of conditions will reasonably assure:
[X] the appearance of the defendant as required.
[X] the safety of any person or the community.
the Court finds that the defendant has not rebutted the § 3142(e)(2) presumption by sufficient evidence to the contrary.
III.
The Court has considered: (a) the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence, a Federal crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device; (b) the weight of evidence against the defendant; (c) the history and characteristics of the defendant; and (d) the nature and seriousness of the danger to any person or the community. [18 U.S.C. § 3142(g)] The Court also considered all the evidence adduced at the hearing and the arguments, the arguments of counsel, and the report and recommendation of the U.S. Pretrial Services Agency.
IV.
The Court bases its conclusions on the following:
As to risk of non-appearance:
[X] family ties in Mexico
[X] lack of bail resources
[X] unverified background information
[X] minimal ties to Central District of California
As to danger to the community:
[X] The allegations in the criminal complaint detail defendant's involvement in picking up ransom payments from family members of victims waiting to cross the border into the United States in order to secure their release.
[X] unverified background information
V.
IT IS THEREFORE ORDERED that the defendant be detained until trial. The defendant will be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant will be afforded reasonable opportunity for private consultation with counsel. On order of a Court of the United States or on request of any attorney for the Government, the person in charge of the corrections facility in which defendant is confined will deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. [18 U.S.C. §3142(i)]