USA v. AGUIRRE

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
UNITED STATES OF AMERICA,
v
DAVID AGUIRRE
Defendant.
Case Number: 3:24-cr-77-TKW
ORDER OF RELEASE
The Defendant appeared before this Court for a detention hearing on Monday,
December 15, 2025, pending a hearing to revoke the Defendant’s supervised release.
The Government moved for detention pursuant to Federal Rule of Criminal
Procedure 32.1(a)(6), which provides that a “magistrate judge may release or detain”
a defendant under 18 U.S.C. § 3143(a)(1). 	Section 3143(a)(1) provides that the
Defendant shall be detained unless the Court finds “by clear and convincing
evidence that the person is not likely to flee or pose a danger to the safety of any
other person or the community if released under 3142(b) or (c).” Additionally, Rule
32.1(a)(6) makes clear that “the burden of establishing by clear and convincing
evidence that the person will not flee or pose a danger to any other person or to the
community rests with the [Defendant].”
I. 	The Offense and the Violations
In 2023, Defendant was sentenced to 24 months of imprisonment followed by
3 years of supervised release for transporting illegal aliens for profit. He began his
supervised release on June 28, 2024, and jurisdiction was transferred to this District
on September 11, 2024.
According to USPO Carson, who testified at the hearing, Defendant was
arrested on November 25, 2025, in Louisiana for driving while under the influence,
hit and run, possession of alcoholic beverages in a vehicle, and not having a license.
That offense resulted in several violations, including (1) possessing or consuming
alcohol - a violation of a special condition; (2) failing to notify the supervising
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officer of his arrest; and (3) leaving this District without permission. 	The arrest
report for the DUI arrest (Gov’t Exh. 1) notes that Defendant’s vehicle struck another
vehicle and continued down the road. Approximately an hour later, officers located
Defendant’s vehicle on the interstate, parked on the shoulder of the road. 	The
Defendant was asleep in the backseat. 	Officers smelled a strong odor of alcohol
coming from Defendant and observed an open container of Modelo beer in the
console. 	Additionally, the Defendant had urinated on himself. 	That case remains
pending.
Five (5) days later, on November 30, 2025, Defendant was arrested in
Okaloosa, Florida, for operating a motor vehicle without a license, subsequent
offense. That case is also still pending. Defendant also did not report that arrest to
USPO Carson. According to the affidavit for that arrest (Gov’t Exh. 2), Defendant
was pulled over for traveling 61 mph in a 40-mph zone. Although he was given only
a warning for the speeding offense, he was arrested for not having a driver’s license.
The report notes that Defendant has one prior DUI conviction, which, as reflected in
the presentence investigation report, was from 2009.
Six days later, on December 6, 2025, Defendant was arrested once again for
driving without a license. Gov’t Exh. 3. Defendant has been incarcerated since that
date.
II. 	The 3142(g) Factors
As stated above, it is Defendant’s burden to show by clear and convincing
evidence that he will not pose a danger to the community and is not likely to flee if
released. 	Clear and convincing evidence exists when the evidence induces “an
abiding conviction that the truth of its factual contentions are ‘highly probable.’”
Colorado v. New Mexico, 467 U.S. 310, 316, 104 S. Ct. 2433, 2437-38 (1984).
“Clear and convincing evidence” entails more than a preponderance of the evidence,
but less than evidence establishing a fact beyond a reasonable doubt. Addington v.
Texas, 441 U.S. 418, 423-25(1979). In considering whether Defendant has met that
burden, the Court considers the factors found in 18 U.S.C. § 3142(g). 	See United
States v. Dickerson, 2020 WL 7234516, at *4 (S.D. Ga. Sept. 9, 2020). Those factors
are (1) the nature of the offense; (2) the weight of the evidence; (3) the Defendant’s
history and characteristics; and (4) the danger to the community if Defendant is
released. 18 U.S.C. § 3142(g).
The Government argues that the November 25 arrest shows that Defendant is
a danger to the community. The Court agrees that driving under the influence is a
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serious offense, and its danger to the community cannot be understated. That said,
the Court must also consider other factors, such as that (1) Defendant maintained his
sobriety for more than a year after his release from federal custody, (2) Defendant is
gainfully employed and has the support of his employer (see Def’s Exh. 1), (3)
Defendant has a stable residence, and (4) Defendant has been and continues to
actively seek treatment for his addiction and mental health issues. 	Additionally,
Defendant proffered that he believes he has a valid Arizona driver’s license, has been
in contact with the Arizona department of motor vehicles, and is working on
resolving his license issue as well as working on obtaining a Florida driver’s license.
Against that backdrop, the Court finds Defendant has met his burden of
showing by clear and convincing evidence that, with additional conditions, he will
not be a danger to the community or a flight risk.
Accordingly, IT IS ORDERED that Defendant SHALL BE RELEASED
pending a final adjudication on the petition to revoke supervised release and SHALL
BE 	SUBJECT 	TO 	THE 	EXISTING 	CONDITIONS 	OF 	HIS 	SUPERVISED
RELEASE 	AND 	THE FOLLOWING ADDITIONAL CONDITIONS. 	These
additional conditions shall remain in place until Defendant’s final revocation
hearing unless otherwise extended by the Court:
1. Immediately upon his release from federal custody, Defendant shall
contact his supervising officer and shall report to the probation office as
directed by his supervising officer for placement of a GPS monitoring
system.
2. Home detention with GPS monitoring. Defendant shall be subject to GPS
monitoring and shall be restricted to his residence at all times except for
employment; education; religious services; medical, substance abuse, or
mental health treatment; attorney visits; court appearances; court-ordered
obligations; or activities approved in advance by the pretrial services office
or supervising officer.
3. Within 24 hours of his release, Defendant shall relinquish custody, control,
and possession of his vehicle and all keys associated with the vehicle to a
third party and shall provide confirmation to his supervising officer.
4. Defendant shall not drive any vehicle.
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5. Defendant shall make himself available for alcohol and substance abuse
testing on a weekly basis as directed by the supervising officer.
Entered on December 16, 2025
s/Hope Thai Cannon
HOPE THAI CANNON
UNITED STATES MAGISTRATE JUDGE
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