666 F.2d 235 (5th Cir. 1982), 81-2349, United States v. Montemayor

Docket Nº:81-2349, 81-2350
Citation:666 F.2d 235
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Matias MONTEMAYOR, Defendant-Appellant.
Case Date:January 22, 1982
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 235

666 F.2d 235 (5th Cir. 1982)

UNITED STATES of America, Plaintiff-Appellee,


Matias MONTEMAYOR, Defendant-Appellant.

Nos. 81-2349, 81-2350

United States Court of Appeals, Fifth Circuit

January 22, 1982

Page 236

Dale Robertson, Brownsville, Tex., for defendant-appellant.

John M. Potter, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Appeals from the United States District Court for the Southern District of Texas.

Before RUBIN, SAM D. JOHNSON, and GARWOOD, Circuit Judges.


A grand jury sitting in the Southern District of Texas, Brownsville Division, returned two indictments against Matias Montemayor, stating thirteen counts of violation of federal firearm laws. The United States magistrate set bail at $2,000,000 in the first action and $1,000,000 in the second action. Montemayor applied to the magistrate for review of his order pursuant to 18 U.S.C. § 3146(d). After a bail review hearing, the magistrate ordered the bail in the first action reduced to $1,000,000 and in the second action reduced to $350,000. Montemayor then sought further reduction of bail by filing in the district court motions to amend the orders imposing conditions of release, pursuant to 18 U.S.C. § 3147. The district court conducted a hearing on the motions, found the magistrate's orders to be supported by the evidence and declined to amend the orders. Montemayor appeals, contending that the district court erred by considering evidence inadmissible under the Federal Rules of Evidence, and that, when the contested evidence is excluded, the bail is excessive.

The evidence presented in the hearings before the magistrate and the district court indicates that Montemayor is a man whose considerable financial resources are matched only by his problems with the law. Montemayor is a Mexican citizen who has been living in the United States as a resident alien since 1954. In 1972 he was convicted in the United States District Court for the Northern District of Illinois on charges of conspiring to dispense and distribute narcotics, i.e., cocaine. That conviction spurred the Immigration and Naturalization Service (INS) to initiate deportation proceedings against Montemayor in 1977. The proceedings were suspended when Montemayor failed to appear for his scheduled hearing. The INS investigator testifying at the bail hearing indicated that after Montemayor was taken...

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