USA v. Campos-Rutiaga et al

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Case No. 18-CR-00192-RM
UNITED STATES OF AMERICA,
Plaintiff,
v.
AARON DELGADO,
Defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS
FOR ORDER OF DETENTION
This matter is before the court for detention hearing on May 18, 2018. The court
has taken judicial notice of the court’s file , the pretrial services report, and Addendum
dated May 15, 2018. Moreover, the court has considered the proffers by the defendant
and the government.
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.
Case No. 1:18-cr-00192-NYW Document 160 filed 05/18/18 USDC Colorado pg 1
of 4

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 information set forth in the pretrial services report
Case No. 1:18-cr-00192-NYW Document 160 filed 05/18/18 USDC Colorado pg 2
of 4

report, the Addendum dated May 15, 2018 and the entire court file. Lastly, I have
considered the proffers 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 1: 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii) & 846;
Count 21: 21 U.S.C. §§ 843(b) and (d);
Count 22: 21 U.S.C. § 841(a)(1), 841(b)(1)(A)(viii) and 18 U.S.C. § 2.
Second, I find that the rebuttable presumption of detention applies in this case
pursuant to 18 U.S.C. § 3142(e)(3) and (f) based upon the charges brought in the
Indictment.
Third, I find that probable cause exists that defendant committed the above
crimes charged in the Indictment.
Fourth, I find that defendant was born in Mexico and is a citizen of Mexico.
Defendant is in the United States illegally. His immigration status is uncertain. The
weight of the evidence indicates that defendant was involved in the 20 pound
Methamphetamine transaction. Defendant’s Colorado Driver’s License is revoked.
Defendant does not have a valid social security number and he has no assets.
Defendant has never been married but he is a father of two small children. Defendant
has suffered six prior failures to appear and five prior failures to comply all resulting in
warrants being issued. Defendant has suffered juvenile adjudications for Theft $500-
$1000 (misd.); Second Degree Trespass-Enclosed/Fenced Property (misd.); and
Underage Alcohol Possession/Consumption (misd.). Defendant has also suffered adult
convictions for Attempted Criminal Mischief $1,000-$20,000 (felony); Underage Alcohol
Possession/Consumption (misd.); Harassment - Telephone Threats/Obscene (misd.);
Violation of Protection Order -Criminal (misd.); and Attempted Violation of Protection
Order- Criminal (misd.). Defendant has had his probation revoked on six occasions in
Case No. 1:18-cr-00192-NYW Document 160 filed 05/18/18 USDC Colorado pg 3
of 4

the past. Defendant may have gang affiliation according to law enforcement but such
gang affiliation has been denied by the defendant. Defendant has failed to rebut the
rebuttable presumption of detention.
In light of these facts, I find, by clear and convincing evidence, that defendant is
a flight risk and a danger to the community and that there is no condition or combination
of conditions of release that will reasonably assure his presence in court and the safety
of the community. Accordingly, I order that the defendant be detained without bond.
Done this 18th day of May 2018.
BY THE COURT
S/ Michael J. Watanabe
Michael J. Watanabe
U.S. Magistrate Judge
Case No. 1:18-cr-00192-NYW Document 160 filed 05/18/18 USDC Colorado pg 4
of 4