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    United States v. Hector Amador, 986 F.2d 1430, 10th Cir. (1993)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding the detention of Defendant Hector Amador pending trial. The court affirms the district court's order of detention, finding that Amador failed to rebut the presumption under 18 U.S.C. § 3142(e) that no conditions of release would reasonably assure his appearance or the safety of the community. Amador was indicted on federal drug charges carrying a maximum prison term of 10 years or more, which invoked the rebuttable presumption against release. While the burden of production shifts to the defendant in such cases, the ultimate burden of persuasion regarding risk of flight and danger remains with the government.

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    United States v. Hector Amador, 986 F.2d 1430, 10th Cir. (1993)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding the detention of Defendant Hector Amador pending trial. The court affirms the district court's order of detention, finding that Amador failed to rebut the presumption under 18 U.S.C. § 3142(e) that no conditions of release would reasonably assure his appearance or the safety of the community. Amador was indicted on federal drug charges carrying a maximum prison term of 10 years or more, which invoked the rebuttable presumption against release. While the burden of production shifts to the defendant in such cases, the ultimate burden of persuasion regarding risk of flight and danger remains with the government.

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    Filed: 1993-01-26 Precedential Status: Precedential Citations: 986 F.2d 1430 Docket: 92-2263

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding the detention of Defendant Hector Amador pending trial. The court affirms the district court's order of detention, finding that Amador failed to rebut the presumption under 18 U.S.C. § 3142(e) that no conditions of release would reasonably assure his appearance or the safety of the community. Amador was indicted on federal drug charges carrying a maximum prison term of 10 years or more, which invoked the rebuttable presumption against release. While the burden of production shifts to the defendant in such cases, the ultimate burden of persuasion regarding risk of flight and danger remains with the government.

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    Download as PDF or read online from Scribd
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    147 views2 pages

    United States v. Hector Amador, 986 F.2d 1430, 10th Cir. (1993)

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    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding the detention of Defendant Hector Amador pending trial. The court affirms the district court's order of detention, finding that Amador failed to rebut the presumption under 18 U.S.C. § 3142(e) that no conditions of release would reasonably assure his appearance or the safety of the community. Amador was indicted on federal drug charges carrying a maximum prison term of 10 years or more, which invoked the rebuttable presumption against release. While the burden of production shifts to the defendant in such cases, the ultimate burden of persuasion regarding risk of flight and danger remains with the government.

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    of 2

    986 F.

    2d 1430
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    UNITED STATES of America, Plaintiff-Appellee,


    v.
    Hector AMADOR, Defendant-Appellant.
    No. 92-2263.

    United States Court of Appeals, Tenth Circuit.


    Jan. 26, 1993.

    Before SEYMOUR, JOHN P. MOORE and EBEL, Circuit Judges.


    ORDER AND JUDGMENT*
    PER CURIAM.

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination
    of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore
    ordered submitted without oral argument.

    This matter comes before the court on defendant's appeal of the district court's
    order of detention pending trial. Defendant was charged by indictment with
    conspiracy to distribute more than 1000 kilograms of marijuana, in violation of
    21 U.S.C. 841(a)(1), 841(b)(1)(A), and 846; and 18 U.S.C. 2 and 1956(a)
    (1)(B)(i). The magistrate judge conducted a hearing and entered an order of
    detention, finding that defendant posed a flight risk and a danger to the
    community. Defendant appealed that order to the district court. The district
    court conducted a de novo hearing and ordered that defendant be detained,
    finding that defendant had not overcome the rebuttable presumption that no set
    of conditions could reasonably assure defendant's appearance and the safety of

    the community.
    3

    Under [18 U.S.C. s] 3142(e), upon a finding of probable cause that the
    defendant has committed a federal drug offense carrying a maximum prison
    term of ten years or more, a rebuttable presumption arises that no conditions of
    release will assure defendant's appearance and the safety of the community.
    Once the presumption is invoked, the burden of production shifts to the
    defendant. However, the burden of persuasion regarding risk-of-flight and
    danger to the community always remains with the government. The defendant's
    burden of production is not heavy, but some evidence must be produced. Even
    if a defendant's burden of production is met, the presumption remains a factor
    for consideration by the district court in determining whether to release or
    detain.

    United States v. Stricklin, 932 F.2d 1353, 1354-55 (10th Cir.1991). The grand
    jury indictment sufficiently establishes probable cause. See id. at 1355.

    We have reviewed the detention order de novo, giving due deference to the
    district court's factual findings, see id., and we hold that the district court was
    correct in its finding that defendant failed to present evidence sufficient to rebut
    the presumption against release. We, therefore, affirm the district court's order
    of detention pending trial.

    Defendant's motion to file his brief out of time is GRANTED. The judgment of
    the United States District Court for the District of New Mexico is AFFIRMED.
    The mandate shall issue forthwith.

    This order and judgment has no precedential value and shall not be cited, or
    used by any court within the Tenth Circuit, except for purposes of establishing
    the doctrines of the law of the case, res judicata, or collateral estoppel. 10th
    Cir.R. 36.3

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