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.
OMAR OBESO-GASTELUM,
Defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS
FOR ORDER OF DETENTION
This matter is before the court for detention hearing on May 14, 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 DEA Strike Force Officer Tony
Collett. 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
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and the entire court file. In addition, the court has considered the testim ony and
credibility of DEA Strike Force Officer Tony Collett. 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;
Counts 2 and 3: - 21 U.S.C. §§ 843(b) and (d)
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 crimes
charged in the Indictment.
Fourth, I find that defendant was born in Mexico and is a citizen of Mexico.
Defendant’s parents and siblings reside in Mexico. Defendant entered the United
States in January 1999 and is a permanent resident in the United States. Defendant is
employed by Mortenson Construction Company for the past three years. Defendant has
used cocaine in the past and also uses alcohol. Def endant has used eight alias names,
one alias date of birth, and one alias social security number in the past. Defendant has
suffered two prior failures to appear in the past. Defendant has suffered a some traffic
convictions and has had his probation revoked on one occasion. Further, the weight of
the evidence is substantial against the defendant and the evidence further shows that
weapons [i.e. hand guns] were attempted to be purchased by the defendant. Moreover,
the volume of methamphetamine involved is approximately 141 pounds in both cases
18-CR-00192-RM and 18-CR.00209-CMA where defendant is charged. 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
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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 14th day of May 2018
BY THE COURT
S/ Michael J. Watanabe
Michael J. Watanabe
U.S. Magistrate Judge
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