USA v. Zarate-Suarez et al

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Case No. 18-MJ-01088-KLM
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOANNA ZARATE-SUAREZ,
Defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS
FOR ORDER OF DETENTION
This matter is before the court for detention hearing on May 17, 2018. The court
has taken judicial notice of the court’s file and the pretrial services report. In addition,
the court has considered the testimony and credibility of Special DEA Agent Ryan
Donahue. 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.
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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
and the entire court file. In addition, the court has considered the testimony and
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credibility of Special DEA Agent Ryan Donahue. I have also 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 Criminal Complaint as follows:
Count 1: Distribution and Possession with Intent to Distribute a Controlled
Substance Methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(c) and 18
U.S.C. § 2.
Second, based upon the testimony of Special DEA Agent Ryan Donahue, I find
probable exists that the defendant committed the above charged offense.
Third, I find that the weight of the evidence is substantial against the defendant.
See testimony of Special DEA Agent Ryan Donahue. The defendant and her family that
reside in Colorado but she also has extended family including her grandmother who
resides in Mexico. The CDLE records reflect no earnings for the defendant since 2016-
4th Quarter. Defendant does a valid United States passport. Defendant does possess a
valid Colorado Driver’s License. Defendant is pregnant and was diagnosed with
gestational diabetes. Defendant has been previously diagnosed with Anxiety,
Depression, and Post Traumatic Stress Disorder (PTSD). Defendant’s Depression
dates back to age 15. Defendant has used marijuana in January 2018 and she stated
she used marijuana weekly. Defendant has a history of alcohol, cocaine, and marijuana
use with her last using cocaine in 2011. Defendant has participated in individual dual-
diagnosis counseling and was successfully discharged in May 2016 while she was on
Supervised Release in Case No. 11-cr-527 out of the United States District Court for the
Western District of Texas.
Fourth, I find that defendant has suffered juvenile adjudications for Second
Degree Trespass of a Motor Vehicle (misd) and Third Degree Assault -
Knowingly/Recklessly Cause Injury (misd). In addition, the defendant has suffered
adult convictions for Conspiring to Import a Quantity of Marijuana (felony) and
Required Headlight Equipment. Defendant has had her juvenile probation revoked on
three separate occasions. That based upon the charge brought in the Criminal
Complaint the rebuttable presumption of detention applies pursuant to 18 U.S.C. §
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3142(e)(3) and (f) and the defendant has not rebutted that presumption.
In light of these facts, I find, by a preponderance of the evidence, that defendant
is a flight risk and that no condition or combination of conditions of release will
reasonably assure her presence in court . Accordingly, I order that the defendant be
detained without bond.
Done this 17th day of May 2018.
BY THE COURT
S/ Michael J. Watanabe
Michael J. Watanabe
U.S. Magistrate Judge
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