Filed: Aug. 16, 2000
Latest Update: Feb. 21, 2020
Summary: Defendant, Appellant.and Boudin, Circuit Judge., Guillermo Gil, United States Attorney, Jorge E. Vega-, Pacheco, Assistant United States Attorney, and Camille Velez-, Rive, Assistant United States Attorney, on brief for appellee.inadequate bond offered, and Cruz prior false statements.
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1704
UNITED STATES,
Appellee,
v.
MICHAEL CRUZ-REYES, A/K/A SEALED DEFENDANT 1,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Carmen Consuelo Cerezo, U.S. District Judge]
Before
Selya, Circuit Judge,
Campbell, Senior Circuit Judge,
and Boudin, Circuit Judge.
Edgar R. Vega Pabon on brief for appellant.
Guillermo Gil, United States Attorney, Jorge E. Vega-
Pacheco, Assistant United States Attorney, and Camille Velez-
Rive, Assistant United States Attorney, on brief for appellee.
July 5, 2000
Per Curiam. After a thorough review of the record
and of the submissions of the parties, we affirm the
district court’s decision to detain the defendant based on
risk of flight.
The evidence proffered by the government showed
that appellant Michael Cruz Reyes (“Cruz”) possesses
extensive financial resources, and Cruz lied to Pretrial
Services about those resources. In light of the extent of
those resources and Cruz’ dishonest statements, the amount
of the bond suggested by Cruz seems woefully inadequate,
especially where the real estate securing that bond does not
belong to Cruz. For a defendant allegedly involved in drug
trafficking of this magnitude, forfeiture of bond may be
“simply a cost of doing business.” United States v. Jessup,
757 F.2d 378, 385 (1st Cir. 1985) (quoting S.Rep. No. 225,
98th Cong., 1 st Sess. 23-24 (1983), reprinted in 1984 U.S.Code
Cong. & Admin. News, pp. 26, 27).
We find no error in the lower court’s decision to
discount the evidence of Cruz’ self-surrender in the instant
matter, in light of the government’s proffer indicating Cruz
fled from an officer attempting to arrest him in a 1995
-2-
incident. Further, the lower court was entitled to reject
Cruz’ suggestion that he be placed on electronic monitoring;
while increasing the likelihood that flight will be detected
(and thereby deterring flight), electronic monitoring is not
always effective. See United States v. O’Brien,
895 F.2d
810, 815-16 (1 st Cir. 1990) (recognizing that while
electronic monitoring acts as a deterrent against flight,
defendants do escape while being monitored and are never
found). We see no error in the lower court’s conclusion
that in light of all the factors in § 3142(g), electronic
monitoring would be insufficient here, especially
considering the financial resources of the defendant, the
inadequate bond offered, and Cruz’ prior false statements.
Finally, while the witnesses who make up the bulk
of the government’s case against Cruz are cooperating
witnesses, and therefore are more vulnerable to impeachment
attempts, we find no error in the lower court’s reliance on
that evidence, see 18 U.S.C. § 3142(g)(2), especially since
more than one witness apparently identifies Cruz as a
significant actor in the charged conspiracy.
Affirmed. 1st Cir. Loc. R. 27(c).
-3-