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.
EDWIN ROMAN-ACEVEDO,
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. 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
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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. I have also considered the proffers submitted by the
government and defense counsel and the arguments of counsel. Weighing the
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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).
Second, I find probable cause exists that defendant has committed the above
offense based upon the waiver of preliminary hearing by defendant.
Third, I find that defendant employment status and time in the community are
unknown. Defendant’s Colorado Driver’s License is suspended for not carrying
insurance. Defendant has used one alias name in the past. Defendant has suffered
convictions for Theft $50 - $300 (misd); Possession of Marijuana 2-6 Ounces (misd);
Second Degree Burglary of a Dwelling (felony)[three separate convictions]; First Degree
Trespass of a Dwelling (felony); Possession of Schedule I and II Controlled Substance
with Intent to Distribute (felony); Possession of Schedule III, IV, & V Controlled
Substance (felony); Operating Unsafe Vehicle; Expired License Plates - 1-29 Days; and
No Insurance -Owner. Defendant has committed many new criminal offenses while on
probation. Defendant has suffered one prior failure to appear resulting in a warrant
being issued. Defendant has suffered one prior failure to comply resulting in a warrant
being issued. Defendant’s probation has been revoked on four separate occasions
involving three separate criminal cases. Defendant has tested positive for marijuana,
opiates, and cocaine while on probation. Defendant is currently on probation in Denver
County District Court, Case Nos. 16-CR-2281 and 17-CR-213. Defendant is awaiting
sentencing in Broomfield County Combined Court, Case No. 17-CR-269 for Second
Degree Burglary of a Dwelling (felony). That based upon the charges brought in the
Criminal Complaint the rebuttable presumption of detention applies pursuant to 18
U.S.C. § 3142(e)(3) and (f) and the defendant has not rebutted that presumption. The
defendant is not contesting detention.
In light of these facts, I find, by a preponderance of the evidence, that defendant
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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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