USA v. Gonzalez-Torres, et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Philip A. Brimmer
Criminal Case No. 24-cr-00326-PAB-5
UNITED STATES OF AMERICA,
Plaintiff,
v.
5. 	JOSE ARTURO GARCIA-SANCHEZ,
Defendant.
ORDER
This matter is before the Court on the government=s Emergency Motion for Stay
and Revocation of Release Order [Docket No. 18]. 	On November 7, 2024, an
indictment was filed against the defendant in this District. 	Docket No. 1. 	An arrest
warrant was issued for defendant on the same date. 	Docket No. 6. 	Defendant was
arrested on the warrant in Texas and had his initial appearance on November 21, 2024.
Docket No. 18 at 2. 	On December 3, 2024, the defendant had a contested identity
hearing and detention hearing before Magistrate Judge Miguel A. Torres in the Western
District of Texas. 	Id. 	Magistrate Judge Torres ordered that defendant be released on
bond with conditions. 	Id. 	The U.S. Attorney’s Office for the Western District of Texas
orally moved to stay Magistrate Judge Torres’ order so the U.S. Attorney’s Office in the
District of Colorado could file a motion for revocation of the release order. 	Id.
The government seeks a stay from this Court in order to conduct a detention
hearing pursuant to 18 U.S.C. ' 3145(a)(1) before the defendant is released. 	Docket
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No. 18. 	The government proffers information in its motion in support of a stay. 	Id. at
4-9.
Pursuant to 18 U.S.C. ' 3145(a)(1), this Court has Aoriginal jurisdiction over the
offense@ and therefore the government=s motion for revocation of the magistrate judge=s
order is properly before this Court as opposed to a judge in the Western District of
Texas. 	See United States v. Cisneros, 328 F.3d 610, 615 (10th Cir. 2003) (motion for
review of a release order Ashould be considered and ruled upon . . . by a district judge in
the court of original jurisdiction@).
Upon review of the government=s proffer, the Court finds that the government has
demonstrated good cause to stay the December 3, 2024 order of Magistrate Judge
Torres releasing the defendant on bond. 	It is therefore
ORDERED that the portion of government=s Emergency Motion for Stay and
Revocation of Release Order that seeks a stay [Docket No. 18] is GRANTED. 	It is
further
ORDERED that the December 3, 2024 release order of Magistrate Judge Miguel
A. Torres is stayed until further order of the Court. 	It is further
ORDERED that the government shall file the transcript of the December 3, 2024
detention hearing in the U.S. District Court for the Western District of Texas on or before
December 5, 2024. 	It is further
ORDERED that the U.S. Marshals Service shall transfer the defendant to the
District of Colorado by December 11, 2024. 	It is further
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ORDERED that, once the defendant is transferred to the District of Colorado and
an attorney is appointed for the defendant, the Court will provide a deadline for the
defendant to respond to the motion for revocation of release.
DATED December 4, 2024.
BY THE COURT:
PHILIP A. BRIMMER
Chief United States District Judge
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