United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
C. NYE CHIEF U.S. DISTRICT COURT JUDGE
before the Court is the Government's Motion for
Revocation of Release Order. Dkt. 26. Having reviewed the
record and briefs, the Court finds that the facts and legal
arguments are adequately presented. Accordingly, in the
interest of avoiding further delay, and because the Court
finds that the decisional process would not be significantly
aided by further hearings, the Court will decide the Motion
without oral argument. Dist. Idaho Loc. Civ. R. 7.1(d)(1)(B).
reasons set forth below, the Court DENIES the
Government's Motion for Revocation of Release Order.
Accordingly, Madriz-Cerna is ordered released pending trial
on the conditions outlined in the Pretrial Services Report.
defendant, Lorenzo Madriz-Cerna (“Madriz-Cerna”),
is a Mexican national who has been charged with Distribution
of Methamphetamine under 21 U.S.C. § 841(a)(1) and
(b)(1)(A). This charge arose out of an investigation which
started after a confidential informant provided information
that Madriz-Cerna was selling methamphetamine and trafficking
in firearms. Dkt. 26, at 3. Madriz-Cerna then became the
focus of several operations. During at least three of these,
he sold either methamphetamine or firearms to undercover
officers and/or a confidential informant. Madriz-Cerna was
ultimately charged with distributing methamphetamine.
Id., at 6.
Pretrial Services Report recommended that Madriz-Cerna be
released on a personal recognizance bond with pretrial
supervision. A number of conditions for release were
recommended including location monitoring, a curfew, passport
surrender, and reporting to the pretrial services officer
immediately after release. Dkt.26-1, at 5.
detention hearing was held before United States Magistrate
Judge Ronald Bush. Following that hearing, Judge Bush
determined that Madriz-Cerna did not need to be detained
while he awaited trial, and that there are conditions that
will reasonably assure his presence in court and the safety
of the community. On June 5, 2019, Judge Bush ordered
Madriz-Cerna released. The Government then filed its Motion
for Revocation of Release Order on June 20, 2019. Dkt 26.
was born in Mexico but has lived in the United States since
2006. Dkt. 29, at 1. He and his partner have a five-year-old
son together and are also raising seven other minor children
whom his partner adopted. Id. Madriz-Cerna owns his
own construction business. Id. He has had no
criminal charges in the past ten years. Id.
Madriz-Cerna owns property in Mexico where his parents and
most of his siblings still reside. Dkt. 26, at 3. He was
twice convicted of illegally entering the United States and
twice removed to Mexico. Id.
Bail Reform Act specifies that a judicial officer must detain
a defendant pending trial if “no condition or
combination of conditions will reasonably assure the
appearance of the person as required and the safety of any
person and the community.” 18 U.S.C. § 3142(e).
standard of review for pretrial release or detention orders
is de novo. United States v. Koenig, 912
F.2d 1190, 1193 (9th Cir. 1990). The Court makes “its
own independent determination whether the magistrate's
findings are correct, with no deference.” Id.
The Court may hold additional evidentiary hearings but is not
required to do so. See id.
motion for pretrial detention, the Government bears the
burden to show that (1) the defendant poses a flight risk by
a preponderance of the evidence or (2) that the defendant
poses a danger to the community by clear and convincing
evidence. See United States v. Motamedi, 767 F.2d
1403, 1406-07 (9th Cir. 1985). A rebuttable presumption
against release exists 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. 18 U.S.C. ...