United States District Court, E.D. North Carolina
TERRENCE W. BOYLE CHIEF UNITED STATES DISTRICT JUDGE.
cause comes before the Court on the government's appeal
of an order entered by a United States Magistrate Judge
releasing defendant on conditions pending trial. A hearing
was held before the undersigned on February 26, 2019, at
Raleigh, North Carolina. For the reasons that follow,
defendant is ordered detained pending trial.
Jones and one other, Hernandez, were charged by way of
indictment with conspiracy to distribute and possess with
intent to distribute 500 grams or more of a detectable amount
of methamphetamine; distribution of a quantity of a
detectable amount of methamphetamine, and aiding and
abetting; and possession with intent to distribute fifty
grams or more of a detectable amount of methamphetamine, and
aiding and abetting in violation of 21 U.S.C. §§
841(a)(1), (b)(1) and 846 and 18 U.S.C. § 2.
the government made a motion to detain Jones pending trial, a
detention hearing was held in front of United States
Magistrate Judge Robert B. Jones, Jr. on February 13, 2016.
Judge Jones denied the government's motion for detention
and ordered Jones released to the custody of a third-party
custodian on conditions. The government noticed its appeal,
and Jones' release was stayed pending the outcome of this
Court reviews de novo an order entered by a
magistrate judge detaining or releasing a defendant pretrial.
18 U.S.C. § 3145; United States v. Clark, 865
F.2d 1433, 1436 (4th Cir. 1989). In determining whether there
are conditions of release that will reasonably assure the
appearance of the defendant at trial and the safety of any
other person and the community, the Court must consider the
factors set forth in 18 U.S.C. § 3142(g). There is no
dispute that 18 U.S.C. § 3142(e) provides a presumption
that there is no condition or combination of conditions that
will reasonably assure the appearance of defendant and the
safety of the community in this case. Section 3142(e)'s
rebuttable presumption shifts the burden of production but
not persuasion to the defendant; in order to rebut the
presumption the defendant must produce some evidence, but
"the mere production of evidence does not completely
rebut the presumption." United States v.
Rueben, 974 F.2d 580, 586 (5th Cir. 1992).
has failed to sufficiently rebut the presumption in this
case. Although he offered his brother as a third-party
custodian as well as testimony regarding an eye condition
from which he suffers, the evidence presented at the hearing
supports that the government has adequately demonstrated that
Jones is both a risk of flight and a danger to the community.
See also United States v. Stewart, 19 Fed.Appx. 46,
48 (4th Cir. 2001) (unpublished) (a showing of either risk of
flight or danger to the community is sufficient).
evidence against Jones is strong, and Jones is accused of
transporting kilogram quantities of methamphetamine being
distributed by a Mexican drug trafficking organization. If
convicted of count one, Jones faces a minimum often years in
prison. Additionally, members of the drug trafficking
organization who are familiar with Jones are currently
fugitives with outstanding warrants, and Jones' presence
in the community poses a risk both to himself and others.
Indeed, violence associated with large-scale drug trafficking
organizations may be perpetrated even where an individual is
confined to his home.
considered the evidence presented, the Court finds that the
government has sufficiently demonstrated that there are no
conditions or combination of conditions which will ensure
defendant's appearance in court and that detention
pending trial is therefore appropriate. 18 U.S.C. §
3142(e)(1). Jones is hereby committed to the custody of the
Attorney General or his 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 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.
 These factors include the nature and
circumstances of the offense charged, the weight of the
evidence, the history and characteristics of the defendant,
and the nature and seriousness of the danger to any person or
the community ...