Filed: Sep. 11, 2013
Latest Update: Sep. 11, 2013
Summary: ORDER OF DETENTION JOHN R. FROESCHNER, Magistrate Judge. On September 10, 2013, this Court conducted a Detention Hearing in the above-styled and numbered cause; the Government had moved for the Defendant's detention pursuant to 18 U.S.C. 3142(f)(1)(E). The Government offered the testimony of Michael Henson, a member of the Dickinson Police Department assigned to the Drug Enforcement Agency (D.E.A.) Task Force; the Defendant offered no evidence except for a proffer concerning the testimony o
Summary: ORDER OF DETENTION JOHN R. FROESCHNER, Magistrate Judge. On September 10, 2013, this Court conducted a Detention Hearing in the above-styled and numbered cause; the Government had moved for the Defendant's detention pursuant to 18 U.S.C. 3142(f)(1)(E). The Government offered the testimony of Michael Henson, a member of the Dickinson Police Department assigned to the Drug Enforcement Agency (D.E.A.) Task Force; the Defendant offered no evidence except for a proffer concerning the testimony of..
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ORDER OF DETENTION
JOHN R. FROESCHNER, Magistrate Judge.
On September 10, 2013, this Court conducted a Detention Hearing in the above-styled and numbered cause; the Government had moved for the Defendant's detention pursuant to 18 U.S.C. § 3142(f)(1)(E). The Government offered the testimony of Michael Henson, a member of the Dickinson Police Department assigned to the Drug Enforcement Agency (D.E.A.) Task Force; the Defendant offered no evidence except for a proffer concerning the testimony of Pena Garza's wife. The Court also made the Pretrial Services report, which recommended, inter alia, bond in the amount of $100,000.00/$10,000 cash deposit. Having now considered all of the evidence the Court issues the following findings of fact and conclusions of law.
The Court FINDS, in accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), that the following facts are established by clear and convincing evidence and require the detention of Pena Garza in this case:
1. That pursuant to the complaint, there is probable cause to believe that Pena Garza has committed a drug offense with a maximum penalty of ten years or more confinement as prescribed by 21 U.S.C. §§ 841(a) and (b);
2. That by virtue of the foregoing finding a rebuttable presumption was created in favor of Pena Garza's detention, 18 U.S.C. § 3142(e);
3. That the strength of the Government's case is substantial: (a) that over the course of an investigation lasting about two and one-half years Pena Garza was involved in numerous tape recorded phone calls with the leader of the targeted Gonzales drug trafficking organization in which he negotiated drug sales; (b) that it is credible to believe that Pena Garza supplied numerous 1,000 pound loads of marijuana during the investigation and was paid in excess of $400,000.000; and (c) that following a wire-tap interception law enforcement officers conducted surveillance on a residence in Brazoria County and observed Pena Garza present at the scene of the unloading of the remaining 150 pounds of a marijuana shipment believed to have totaled about 1,000 pounds;
4. That Pena Garza has a relevant criminal history: (a) that in 1994, Pena Garza was placed on two years of felony probation for possession of marijuana; (b) that despite the 1994 felony conviction Pena Garza was again arrested in 2010 for possession of marijuana following a search of his home, after a vehicle containing 200 pounds of marijuana was stopped after leaving his residence, which recovered in excess of $47,000.00 and which resulted in his conviction for a misdemeanor possession of marijuana charge; (c) that before or at the time of his 2010 conviction, the United States initiated removal proceedings against Pena Garza, a permanent resident who is a citizen of Mexico, which are still currently pending; and (d) that despite the fortunate disposition of his 2010 criminal charge and the pending removal proceedings, Pena Garza continued his involvement in drug trafficking which resulted in the instant Indictment and his current arrest;
5. That by virtue of the foregoing finding, it is reasonble to assume that Pena Garza would continue his drug-trafficking activities were he to be released, United States V. Salerno, 481 U.S. 739 (1987);
6. That based upon the foregoing findings, Pena Garza would constitute a danger to the community of released;
7. That Pena Garza has not rebutted the presumption of danger established by 18 U.S.C. § 3142(e); and
8. That the credible evidence and information submitted establishes by clear and convincing evidence that there is no condition or combination of conditions which could be imposed upon Pena Garza by this Court to reasonably assure the safety of the community if he were released.
It is, therefore, ORDERED that Roman Pena Garza, be, and he is hereby, COMMITTED to the custody of the Attorney General or his designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal.
It is further ORDERED that the Roman Pena Garza, SHALL be afforded a reasonable opportunity for private consultation with defense counsel.
It is further ORDERED that upon Order of a Court of the United States or upon request of an attorney for the Government, the person in charge of the corrections facility SHALL deliver Roman Pena Garza, to the United States Marshal for the purpose of an appearance in connection with a Court proceeding.
