Memorandum Opinion and Order of Detention Pending Trial — United States v. Garza, 2:22-MJ-00359-001

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A Memorandum Opinion and Order of Detention Pending Trial in United States of America v. Richard Garza, Action No. 2:22-MJ-00359-001, Document 8, filed 04/01/22, in the U.S. District Court, Southern District of Texas. The defendant is charged under 21 U.S.C. § 841 with conspiracy to possess a controlled substance with intent to distribute, which the order calls a "presumption" offense. The court finds that the defendant has not rebutted the presumption, citing a significant risk of nonappearance based on property in Mexico and recent travel there, and a risk of danger to the community, including a 2016 conviction for transporting undocumented aliens. It commits the defendant to the custody of the United States Marshal; the signature block names Mitchel Neurock, United States Magistrate Judge.

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      Case 2:22-mj-00359 Document 8 Filed on 04/01/22 in TXSD Page 1 of 3
                                                                               United States District Court
                                                                                 Southern District of Texas

                                                                                    ENTERED
                                                                                    April 01, 2022
                        UNITED STATES DISTRICT COURT
                                                                                 Nathan Ochsner, Clerk
                         SOUTHERN DISTRICT OF TEXAS
                           CORPUS CHRISTI DIVISION

UNITED STATES OF AMERICA                     §
                                             §
v.                                           §     ACTION NO. 2:22-MJ-00359-001
                                             §
RICHARD GARZA                                §

 MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL
       A detention hearing was held today in accordance with the Bail Reform Act, 18

U.S.C. § 3142(f). The Court entertained oral argument from the Government and counsel

for Defendant Richard Garza. Defendant is charged pursuant to 21 U.S.C. § 841 for

conspiracy to possess a controlled substance with intent to distribute. This offense is a

“presumption” offense, see 21 U.S.C. § 841(b)(1)(A), and as such, the following requires

detention of Defendant pending trial:

              (1)    There is probable cause to believe Defendant has committed an

       offense for which a maximum term of imprisonment of ten years or more is

       prescribed in 21 U.S.C. § 841(b)(1)(A); and

              (2)    Defendant has not rebutted the presumption that no condition or

       combination of conditions will reasonably assure the appearance of Defendant as

       required and the safety of the community. See 18 U.S.C. § 3142(e)(3)(A).

       In addition to finding probable cause in this case, Defendant has failed to rebut the

presumption that he remain detained pending trial. The Court adopts the factual findings

contained in the pretrial services report. The Court finds that Defendant poses a


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significant risk of nonappearance in this case. Defendant has significant ties to a foreign

country, as evidenced by the fact he owns property in Mexico and has traveled there as

recently as a month before his arrest in the instant offense. Defendant resides in the Rio

Grande Valley, a location in close proximity to the international border, and appears to

possess resources sufficient to enable his unauthorized departure from the United States

to escape prosecution. These facts signal a risk of Defendant absconding to Mexico or

elsewhere in the United States.

       The Court also finds by at least clear and convincing evidence that Defendant’s

release on bond would pose a significant risk of danger to the community. Defendant has

been charged in the instant offense with a serious crime that carries a minimum of ten

years’ imprisonment. Additionally, Defendant has an extensive criminal history, and,

although most of this criminal activity occurred in the more distant past, Defendant was

convicted in 2016 in this district for transporting undocumented aliens, a crime for which

he received a significant prison sentence.

       For these reasons, the Court finds that Defendant is a poor candidate for bond, and

that Defendant has not rebutted the presumption that no condition or set of conditions

would adequately assure Defendant’s presence at trial and adequately assure the safety of

any other person or the community.

        Defendant is committed to the custody of the United States Marshal or

designated representative for confinement in a corrections facility separate, to the

extent practicable, from persons awaiting or serving sentences or being held in custody


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pending appeal. Defendant shall be afforded a 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 shall deliver Defendant to the United States Marshal for the purpose of an

appearance in connection with a court proceeding.

       SIGNED on April 1, 2022.


                                                 _____________________________
                                                 MITCHEL NEUROCK
                                                 United States Magistrate Judge




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