ELLEN SEGAL HUVELLE, United States District Judge.
Defendant Juan R. Floyd, along with twenty-two others, has been charged with conspiracy to distribute and possession with intent to distribute one kilogram or more of heroin, five hundred grams or more of cocaine, and twenty-eight grams or more of cocaine base, in violation of 21 U.S.C. § 846, crimes punishable by a minimum of ten years imprisonment. See 21 U.S.C. § 841. Floyd is also charged with conspiracy to launder monetary instruments in violation of 18 U.S.C. § 1956(h), for which the government seeks forfeiture pursuant to 21 U.S.C. §§ 853(a), (p) and 18 U.S.C. § 982.
The government requested a detention hearing which was held by Magistrate Judge Kay on November 26, 2013. (See Detention Memorandum ("Det.Mem.") at 1, Dec. 3, 2013 [ECF No. 64].) At the conclusion of the hearing, the Magistrate Judge ruled that Floyd should be held pending trial pursuant to 18 U.S.C. § 3142. (See id. at 7.) Floyd thereafter filed a motion to appeal Magistrate Judge Kay's detention order under 18 U.S.C. § 3145(b), which the government opposed. (Def. Floyd's Mot. for Review of Pretrial Det. Order ("Mot."), Dec. 11, 2013 [ECF No. 81]; Gov't's Omnibus Opp. to the Defs.' Mot. for Review and Revocation of Det. Orders ("Opp."), Dec. 13, 2013 [ECF No. 86].) This Court held a hearing on the motion on December 17, 2013. For the reasons stated in open court, as well as the reasons set forth herein, the Court will deny this motion.
Under the Bail Reform Act, 18 U.S.C. § 3141 et seq., a judicial officer "shall order"
Id. § 3142(g). The government is required to demonstrate the appropriateness of pretrial detention by clear and convincing evidence. See id. § 3142(f). However, when "there is probable cause to believe that the [defendant] committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. § 801 et seq.)," there is a rebuttable presumption that "no condition or combination of conditions will reasonably assure the appearance of the [defendant] as required and the safety of the community." Id. § 3142(e). Considering each factor below, the Court agrees with the Magistrate Judge that the government has met its burden and that defendant Floyd has failed to rebut the presumption against pretrial detention.
First, the nature and circumstances of the offense favor continued detention. The indictment demonstrates probable cause that Floyd participated in a large-scale narcotics and money-laundering conspiracy. Moreover, Magistrate Judge Kay concluded that Floyd was not just a member, but "appears to be the head of [this] significant narcotics enterprise...." (Det. Mem. at 6.) Based on the government's proffer and the evidence presented at the December 17 hearing, the Court agrees with this conclusion.
Pursuant to warrant, the government recorded more than twenty thousand of Floyd's phone calls made on seven different cell phones during the period between April 2013 and August 2013.
In addition to the evidence derived from the wiretaps, Floyd was the subject of
Second, the weight of the evidence supports the inference that Floyd was the leader of this large-scale narcotics conspiracy. Floyd's attorney argues that the telephone intercepts which constitute a large part of the government's evidence against him have been "self-servingly interpreted by government agents as [a] suggestion [of] Mr. Floyd's involvement in the charged conspiracy ... "[and b]elief does not amount to clear and convincing evidence." (Mot. at 2). The Court agrees instead with Magistrate Judge Kay's conclusion that "there is a wealth of evidence indicating drug trafficking on those calls." (Det. Mem. at 6.) For example, Floyd's conversations with Mr. Gamez about purchasing and transporting cars (specifically "Civics" and "Expeditions"), "African wood," and "fruits and vegetables" make no sense in light of the fact that Floyd is unemployed and there is no evidence that he ever came into possession of any such items. The far more likely explanation is that Floyd and Gamez were speaking in coded language regarding the purchase and transfer of specific narcotics.
The additional evidence against Floyd is significant: the large amount of cash and the cellphones found in his home, the heroin-laced substances found in Floyd's daughter's Nissan Maxima (which he was seen driving on many occasions), the regular deposits of amounts just below $10,000 into various bank accounts provided by Gamez, and regular trips to pick up individuals who were likely drug couriers. In addition, there is evidence that Floyd was texted the postal tracking number for a package mailed from Texas which was found to contain five pounds of a substance that field-tested positive for marijuana. (See Det. Mem. at 3.) Ultimately, the Court finds that the weight of evidence
Third, the history and characteristics of the defendant support his continued detention. Floyd has a considerable history of narcotics trafficking and is currently under court supervision for distribution of cocaine (set to expire in December 2014). (See Det. Mem. at 4.) Moreover, the evidence suggests that Floyd implicated his own children and other family members in the narcotics-conspiracy, including a nineteen-year old daughter. While the Court recognizes that Floyd has significant ties to the community as well as medical needs, these facts do not outweigh the factors that compel the Court to order his continued detention pending trial.
Fourth, defendant's potential danger to the community favors his continued detention. Floyd has been indicted as the leader of a large-scale narcotics conspiracy, which constitutes "serious and pervasive damage to the community." (Det. Mem. at 7.) Floyd's significant contacts in both Washington D.C. and Texas, as well as his extensive history in the narcotics trade, represent a significant danger that he will continue to traffic narcotics if not detained pending trial.
For the foregoing reasons, defendant's motion for reversal of the Magistrate Judge's order of detention is hereby