Opinion
CRIMINAL NO. 2:15-CR-1077-1
12-30-2015
UNITED STATES OF AMERICA v. MARGIL OZUNA-BARRERA
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL
A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f). The following requires detention of the defendant pending trial in this case:
(1) There is probable cause to believe the defendant committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. § 841(b)(1)(A); and
(2) The defendant has not rebutted the presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.
The evidence against the defendant meets the probable cause standard and the weight of the evidence is strong. The defendant is a citizen of Mexico and a lawful permanent resident of the United States. If convicted, the defendant will be deported from the United States. Further, the defendant is married to a citizen of Mexico without status to remain in the United States. The strength of the evidence, the amount of the illegal drugs involved, the ten year mandatory minimum and the defendant's ties to Mexico and his likely deportation make the defendant a serious risk of flight. The findings and conclusions contained in the Pretrial Services Report are adopted.
The defendant is committed to the custody of the United States Marshal or his designated representative 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 shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility shall deliver the defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding.
ORDERED this 30th day of December, 2015.
/s/_________
Jason B. Libby
United States Magistrate Judge