United States District Court, N.D. Texas, Dallas Division
MEMORANDUM OPINION AND ORDER OF DETENTION
CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE.
Order Accepting Report and Recommendation of the United
States Magistrate Judge Concerning Plea of Guilty, filed
March 29, 2019 (doc.45), this matter has been referred for a
hearing to determine whether it has been clearly shown that
there are exceptional circumstances under 18 U.S.C. §
3145(c) why the defendant should not be detained under 18
U.S.C. § 3143(a)(2), and whether it has been shown by
clear and convincing evidence that the defendant is likely to
flee or pose a danger to any other person in the community if
released under 18 U.S.C. § 3142(b) or (c). Also before
the Court is the defendant's Motion to Continue on
Pretrial Release, filed April 5, 2019 (doc. 52).
DelaMora-Mendoza (Defendant) appeared in person and through
counsel for a hearing on April 9, 2019. After consideration
of the filings, evidence, testimony, oral argument, and
applicable law, the Court finds that exceptional reasons have
not been shown, and Defendant is ordered detained. The motion
for continued pretrial release is DENIED.
The defendant's oral motion to STAY
execution of this order of detention pending appeal to the
district judge is GRANTED.
was charged by complaint dated June 29, 2018, with conspiracy
to distribute a controlled substance in violation of 21
U.S.C. § 846. (See doc. 1.) He was arrested and
made his initial appearance in this district on that date,
and after the government withdrew its motion for detention,
he was released on conditions of pretrial release on July 5,
2018. (See docs. 5, 15.)
was indicted for the same offense on July 24, 2018.
(See doc. 19.) On January 28, 2019, the parties
filed a plea agreement in which Defendant agreed to waive his
rights and to plead guilty to the one-count indictment.
(See doc. 38.) On February 19, 2019, Defendant
appeared and entered his plea of guilty before a U.S.
Magistrate Judge, who recommended that the guilty plea be
accepted. (See docs. 42-44.) The recommendation
provided notice that upon conviction, Defendant was subject
to the mandatory detention provisions of 18 U.S.C. §
3143(a)(2), unless the Court made certain findings.
(See doc. 44.) The Court accepted the recommendation
on March 29, 2019, and referred the matter for hearing and
determination of whether Defendant had made the necessary
showing to support the findings required for continued
release. (See doc. 45.)
undisputed that Defendant has been fully compliant with his
conditions of pretrial release. Defendant contends that
exceptional reasons why he should not be detained exist
because of his compliance with his conditions of release, his
need to support his wife and 6 children, his employer's
need to hire a replacement for him, and his probable
deportation after completion of his sentence.
3143(a)(2) of Title 18 mandates the detention of persons who
have been found guilty of certain offenses and who are
awaiting imposition or execution of sentence, except in
certain limited circumstances. It provides:
(2) The judicial officer shall order that a
person who has been found guilty of an offense in a case
described in subparagraph (A), (B), or (C) of subsection
(f)(1) of section 3142 and is awaiting imposition or
execution of sentence be detained unless--
(A)(i) the judicial officer finds there is a
substantial likelihood that a motion for acquittal or new
trial will be granted; or
(ii) an attorney for the Government has
recommended that no sentence of imprisonment be imposed on
the person; and
(B) the judicial officer finds by clear and
convincing evidence that the person is not likely to flee or
pose a danger to any other person or the community.
8 U.S.C. § 3143(a)(2). In addition, § 3145(c)
provides that a person subject to mandatory detention under
this section may also be ordered released if the person meets
the conditions of release in § 3143(a)(1) and it is clearly
shown that there are exceptional reasons why the person's
detention would not be appropriate. See 18 U.S.C.