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United States v. Lara-Guerra

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO
Jul 21, 2017
Case No. 17-CR-00235-PAB (D. Colo. Jul. 21, 2017)

Opinion

Case No. 17-CR-00235-PAB

07-21-2017

UNITED STATES OF AMERICA, Plaintiff, v. GONZALO LARA-GUERRA, Defendant.


FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION

This matter is before the court for detention hearing on July 21, 2017. The court has taken judicial notice of the court's file. In addition, the court has considered the proffers by the government and defendant.

In order to sustain a motion for detention, the government must establish that (a) there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the defendant's presence for court proceedings; or (b) there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the safety of any other person or the community. The former element must be established by a preponderance of the evidence, while the latter requires proof by clear and convincing evidence.

If there is probable cause to believe that the defendant committed an offense which carries a maximum term of imprisonment of over 10 years and is an offense prescribed by the Controlled Substances Act, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community.

The Bail Reform Act, 18 U.S.C. § 3142(g), directs the court to consider the following factors in determining whether there are conditions of release that will reasonably assure the appearance of the defendant as required and the safety of any other person and the community:

(1) [t]he nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug;

(2) the weight of the evidence against the person;

(3) the history and characteristics of the person, including -

(A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and

(B) whether at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State or local law; and

(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release.

The government is requesting detention in this case. In making my findings of fact, I have taken judicial notice of the entire court file, and have considered the proffer submitted by the government and defense counsel and the arguments of counsel. Weighing the statutory factors set forth in the Bail Reform Act, I find the following:

First, the defendant has been charged in the Indictment as follows:

COUNT ONE: 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846 - knowingly and intentionally combine, conspire, confederate and agree with each other and with other persons, both known and unknown to the Grand Jury, to possess with the intent to distribute and to distribute a quantity of 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance

COUNTS NINE AND TEN: 21 U.S.C. §§ 841(a)(1) and (b)(1)(A) - knowingly and intentionally possess with the intent to distribute, and distribution of a quantity of 50 grams or more of methamphetamine, its salts, isomers and salts of its isomers, commonly referred to as pure methamphetamine or methamphetamine (actual), a Schedule II controlled substance

NOTICE OF FORFEITURE

Second, based upon the Indictment, I find probable cause exists as to the above listed crimes.

Third, I find that defendant is unemployed. There is an ICE lodged against the Defendant. Defendant's parents and siblings all reside in Mexico except for his sister, Susanna Lara-Guerra, who is a co-defendant in this case and she is currently in federal custody. Defendant's Mexican Passport was seized at the time of his arrest according to the defendant. Defendant does not have any assets or liabilities. Defendant's time in the community is unknown and he does not have a permanent residence in Colorado. Defendant does not have any family ties to Colorado except for his sister Susanna who is in federal custody on this case. Defendant has a history of marijuana use since age 18. Defendant does not posses a valid Colorado driver's license.

Fourth, I find that the rebuttable presumption of detention as outlined in 18 U.S.C. § 3142(e)(3) and (f) applies based upon the charges brought against the defendant in the Indictment. The defendant has not rebutted this presumption.

In light of these facts, I find, by preponderance of the evidence, that the defendant is a flight risk and that no condition or combination of conditions of release will reasonably assure his presence in court. Accordingly, I order that the defendant be detained without bond.

Done this 21st day of July 2017.

BY THE COURT

S/ Michael J. Watanabe

Michael J. Watanabe

U.S. Magistrate Judge


Summaries of

United States v. Lara-Guerra

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO
Jul 21, 2017
Case No. 17-CR-00235-PAB (D. Colo. Jul. 21, 2017)
Case details for

United States v. Lara-Guerra

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. GONZALO LARA-GUERRA, Defendant.

Court:UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Date published: Jul 21, 2017

Citations

Case No. 17-CR-00235-PAB (D. Colo. Jul. 21, 2017)