Opinion
Case No. 11-cr-00375-CMA-07
09-30-2011
UNITED STATES OF AMERICA, Plaintiff, v. RONALD C. TENORIO, Defendant.
FINDINGS OF FACT, CONCLUSION OF LAW and REASONS FOR
ORDER OF DETENTION
THIS MATTER came before the Court for a detention hearing on September 30, 2011. The Court has taken judicial notice of the Pretrial Services Report and considered the comments of counsel, including that defendant does not contest detention.
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.
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 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.
In making my findings of fact, I have taken judicial notice of the information set forth in the entire court file and have considered the comments of counsel. Weighing the statutory factors set forth in the Bail Reform Act, I find the following:
First, the defendant has been charged with multiple violations of 18 U.S.C. §§ 841 and 924, including but not limited to knowingly possessing with intent to distribute more than 50 grams of methamphetamine and knowingly using a firearm during and in relation to a federal drug trafficking crime.
Second, I note that defendant does not contest detention.
Third, I note that the Pretrial Services Report indicates that the defendant has two failures to appear and one failure to pay a fine, all of which resulted in the issuance of warrants, and a conviction for failure to obey order.
After considering all of the factors set forth in the Bail Reform Act and the offense charged in this case, I find, by a preponderance of the evidence, that no condition or combination of conditions of release will reasonably assure the appearance of the defendant. I also find, by clear and convincing evidence, that no condition or combination of conditions will reasonably assure the safety of the community. In support of those findings, I note the factors listed above, as well as the lengthy sentence that could be imposed if the defendant is found guilty of the charged offense.
BY THE COURT:
U.S. Magistrate Judge
Kristen L. Mix