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.
GERMAN INZUNZA-GARCIA,
Defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS
FOR ORDER OF DETENTION
This matter is before the court for detention hearing on May 24, 2018. The court
has taken judicial notice of the court’s file and the pretrial services report. 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.
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
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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. 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:
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Count 1: 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii) & 846;
Count 40, 44 and 45: 18 U.S.C. §§ 2 and 1956(a)(1)(A)(I); and
Count 48: 21 U.S.C. § 841(a)(1) and 841(b)(1)(A)(viii).
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’s Colorado Driver’s License is suspended. Defendant’s employment status and
time in the community are both unknown. Defendant has suffered one prior failure to
appear which resulted in a warrant being issued. This warrant remains active. Defendant
has a pending misdemeanor case in the Weld County Court, Case No. 17-T-4840
wherein he is charged with (1) DUI; (2) DUI Per Se and (3) Careless Driving. Defendant
has failed to rebut the rebuttable presumption of detention. The defendant is not
contesting detention.
In light of these facts, I find, by a preponderance of the evidence, that defendant is
a flight risk and that there is no condition or combination of conditions of release that will
reasonably assure his presence in court. Accordingly, I order that the defendant be
detained without bond.
Done this 24th day of May 2018.
BY THE COURT
S/ Michael J. Watanabe
Michael J. Watanabe
U.S. Magistrate Judge
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