Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Molina

United States District Court, N.D. Texas, Dallas Division

January 6, 2020

UNITED STATES OF AMERICA
v.
MAYELI MOLINA

          MEMORANDUM OPINION AND ORDER

          IRMA CARRILLO RAMIREZ UNITED STATES MAGISTRATE JUDGE

         By electronic order of reference dated December 23, 2019 (doc. 805), before the Court is Defendant's Motion for Continued Pretrial Release and Incorporated Brief, filed December 20, 2019 (doc. 804). Mayeli Molina (Defendant) appeared in person and through counsel for a hearing on January 3, 2020. After consideration of the filings, evidence, testimony, oral argument, and applicable law, Defendant's motion for continued pretrial release is DENIED.

         I. BACKGROUND

         On September 26, 2017, Defendant was charged by superseding indictment with conspiracy to possess with intent to distribute methamphetamine. (See doc. 84.) She was arrested and made her initial appearance on October 11, 2017, and she was released on conditions of pretrial release that same day, after the government orally moved to withdraw its motion to detain. (See docs. 120, 122.) On December 20, 2019, a jury convicted Defendant of the charge in the superseding indictment, and she was remanded into custody. (See docs. 799, 802, 804.)

         Defendant's motion contends that exceptional reasons why she should not be detained exist because (1) she has been consistently and gainfully employed for many years; (2) she has an 8-week-old baby who was exclusively breast fed at the time of her detention and whose health may suffer; (3) she has two older children for whom she cares; and (4) she has longstanding property and family ties to the area. At the hearing, Defendant's husband testified that Defendant has lived in the area for 20 years, they own a home, and they have three children, including an 8-week-old baby. The baby is having trouble adjusting to the formula and throws up, the other children also need her, and he needs more time to arrange care for his children. He also testified that he has family locally, he has not asked them for help with child care, although they would help him if he asked, and that he does not think that Defendant is guilty. Defendant's father, sisters, and grandmother live in Michoacan, Mexico, and Defendant visits them. Defendant's brother testified that Defendant is not going to get into trouble, he just heard that the baby is not well, and he also does not think that Defendant is guilty.

         The government's witness testified that Defendant was intercepted on a wiretap arranging a one-kilogram sale of methamphetamine. Her involvement in the conspiracy was later determined to be more significant than originally thought, based on text messages, wire transfer receipts and other evidence. The witness testified that Defendant had not been truthful during her proffer with the government, and she had tried to minimize her involvement. Defendant is facing a mandatory minimum of ten years of imprisonment, and she will be deported after completing her sentence.

         It is undisputed that Defendant was compliant with her conditions of pretrial release while awaiting trial.

         II. ANALYSIS

         Section 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.

18 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)[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. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.