United States v. Garcia
United States v. Garcia
Opinion of the Court
This matter comes before the Court upon the application of the United States that Defendant, Dionisio Garcia, be detained pending trial pursuant to
FINDINGS OF FACT
At the detention hearing, the United States proceeded by proffer based on the indictment. The defense offered no contrary evidence on the merits of the offense, but did provide, also by proffer, additional information about the history and characteristics of Defendant. Accordingly, the Court makes the following findings of fact.
A. The Charged Offense
On April 28, 2018, Customs and Border Patrol agents assigned to the Cincinnati facility of international shipping company DHL targeted a package sent from Colon, Panama, and addressed to "Dylan Boyce" at an apartment on Kansas Avenue in the northwestern quandrant of the District of Columbia. When agents opened the package, which, according to the shipping manifest, contained documents, they discovered approximately 962 grams of a white powdery substance that field-tested positive for cocaine.
Thereafter, on the morning of May 2, 2018, officers from Homeland Security Investigations, working with other law enforcement, conducted a controlled delivery of the package (from which the drugs had been replaced by a similar sham product) to the Kansas Avenue address. When no one answered the door at either of the apartments at the address, an undercover officer placed on the door of the apartment to which the package had been addressed a DHL tag indicating an attempted delivery and including a contact number. Later that day, the undercover officer received a call about the package from a person sounding like a Hispanic male, and the officer arranged to redeliver the package to the Kansas Avenue address. When he returned to that residence, Defendant was waiting for him in front, signed for the package using the name "Dilan," and took the package into the apartment to which it had been addressed. Approximately one minute later, officers observed Defendant leave the apartment through the back door, place the package into the trunk of a burgundy Honda Accord, and return to the apartment.
At approximately 3:30 p.m. that same day, law enforcement executed a search warrant at the apartment. After waiving his Miranda rights, Defendant admitted that he had received the package for another person who was supposed to pick the package up that evening. Defendant was to receive $500 for his help. Defendant admitted that he expected the package would contain something illegal, perhaps Ecstasy, and also that he had previously accepted a similar package for the same person and received $300 as payment. In a search incident to Defendant's arrest, law enforcement found $1,185 in his pocket.
B. Defendant's Characteristics and Criminal History
Defendant has no prior criminal history. He is a legal resident of the United States who has lived in the D.C.-area for twenty-one years. He resides with his girlfriend of eight years in Maryland and has two sons in the area. Although he has not had steady employment for the past five months, Defendant asserts that prior to that he was gainfully employed for approximately twenty-one years, most recently serving as an auto mechanic at a single establishment for fifteen years.
LEGAL STANDARD
The Bail Reform Act of 1984,
Section 3142 imposes a rebuttable presumption of dangerousness or flight risk on certain defendants based on the crimes with which they are charged, their prior convictions, or similar considerations. See
Once the rebuttable presumption is triggered, it "operate[s] at a minimum to impose a burden of production on the defendant to offer some credible evidence contrary to the statutory presumption." See United States v. Alatishe ,
That said, the burden of persuasion on the issue of detention remains, as always, with the government. United States v. Mercedes ,
ANALYSIS
A. Application of the Rebuttable Presumption
Defendant concedes that the rebuttable presumption in favor of pretrial detention pursuant to
This is a close case. Having heard the parties' proffers, the Court finds that Defendant has rebutted the presumption that he is a flight risk. Defendant is a legal resident who has lived in the area for more than two decades. He has ties to the community, including a girlfriend and two children, and has a history of gainful employment. However, Defendant has failed to produce at the hearing "some credible evidence contrary to the statutory presumption" of his dangerousness were he to be released. Alatishe ,
Congress has determined that individuals who, like Defendant, have been charged with drug offenses carrying a maximum term of imprisonment of ten years or more presumptively pose a danger to the community even if they do not have a criminal history. See United States v. Bess ,
B. Application of the Section 3142(g) Factors
Had Defendant fully rebutted the presumption in favor of his detention, and the Court were to consider the Bail Reform Act's four section 3142(g) factors, it would again be a close call, but the conclusion would ultimately be the same: Defendant should be held without bond pending trial. The four factors that must be considered in making a bond determination are: (1) the nature and circumstances of the offense; (2) the weight of the evidence against the defendant; (3) the history and characteristics of the defendant; and (4) the nature and seriousness of the danger to any person or the community that would be posed by the defendant's release.
1. Nature and Circumstances of the Charged Offense
The first factor, the nature and circumstances of the charged offense, favors detention. This factor asks the Court to consider "the nature and circumstances of the offense charged" as a general matter, but points especially to instances where "the offense is a crime of violence ... or involves a controlled substance, firearm, explosive, or destructive device."
2. The Weight of the Evidence
The weight of the evidence against Defendant is strong and also favors detention. As outlined above, law enforcement witnessed Defendant receive the package of drugs and put it in the trunk of *43a car from which it was later recovered. And Defendant admitted he believed that the package contained narcotics.
3. The History and Characteristics of Defendant
Section 3142(g)(3) directs the Court to consider: (1) the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and (2) whether, at the time of the current offense or arrest, the defendant was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law.
This factor does not weigh strongly in favor of detention. As discussed above, Defendant has no prior criminal record, has lived in the community for over two decades, and has apparently strong ties to the community. To be sure, he has been unemployed for the past months, but his employment record prior to that period is steady. The primary counterweight to that history is the conduct for which he is charged, which Congress has found poses "special risks" to the community. See Bess ,
4. The Danger to the Community
The fourth factor, the danger to the community posed by Defendant were he to be released, also weighs in favor of detention. There is probable cause to believe that defendant received nearly one kilogram of cocaine as part of a conspiracy to distribute the drug. The danger to the community posed by this conduct is discussed above and requires no further explanation here.
For these reasons, the Court does not have confidence that, if released, Defendant would not continue to engage in criminal activity. The undersigned therefore finds that there is no condition or combination of conditions that would keep the community safe if Defendant were released.
CONCLUSION
Based on the consideration of all the evidence, the factors set forth in section 3142(g), and all lesser restrictive alternatives to pretrial detention, the Court finds by clear and convincing evidence that no condition or combination of conditions exist that would reasonably assure the safety of any other person or of the community if Defendant was released. Therefore, the government's motion for pretrial detention is GRANTED .
DIRECTIONS REGARDING DETENTION
Defendant is ORDERED remanded to the custody of the Attorney General or to the Attorney General's 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. Defendant must be afforded reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attorney for the government, the person in charge of the corrections facility must deliver Defendant to a United States *44Marshal for the purpose of an appearance in connection with a court proceeding.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.