United States v. Munoz-Hernandez
| Decision Date | 05 November 2012 |
| Docket Number | No. CR 12-0128 JB,CR 12-0128 JB |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. ANTONIO MUNOZ-HERNANDEZ, Defendant. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court on the Defendant's Appeal of Detention Order , filed June 28, 2012 (Doc. 217)("Appeal"). The Court held a detention hearing on July 18, 2012. The primary issues are: (i) whether Plaintiff United States of America has proven by a preponderance of the evidence that Defendant Antonio Munoz-Hernandez is a flight risk, and that no condition or combination of conditions would reduce that risk to an acceptable level; and (ii) whether the United States has proven by clear-and-convincing evidence that Munoz-Hernandez is a danger to the community, and that no condition or combination of conditions would reduce that danger to an acceptable level. The Court will affirm the Honorable Robert Hayes Scott, United States Magistrate Judge's Order Denying Defendant's Motion for Bail, filed June 20, 2012 (Doc. 210), because the Court believes that no condition or combination of conditions would reasonably assure his appearance or the safety of the community.
Munoz-Hernandez was born in January, 1974, in Chihuahua, Mexico. See Addendum to Bail Report at 2, disclosed June 18, 2012 ("Report"). He is one of five children. See id. at 2. Both Munoz-Hernandez's siblings and parents, with the exception of one brother living in Albuquerque,New Mexico, continue to reside in Mexico. See id. at 1. Munoz-Hernandez entered the United States at the age of seventeen, and has lived in Albuquerque ever since. See id. at 2. Munoz-Hernandez obtained permanent resident status in 2000. See Report at 2. Munoz-Hernandez has been in a relationship with Cindy Munoz for the last five years, and they have a four-year old son. See Report at 2. Munoz-Hernandez also has three other children from his marriage to Jennifer Munoz. See Report at 2. Munoz-Hernandez and J. Munoz have been separated for seven years. See Report at 2. Munoz-Hernandez also has a three-year-old son with Valerie Garcia, of Chihuahua Mexico. See Report at 2. According to Munoz-Hernandez, he provides financial support to all of his children. See Report at 2. Munoz-Hernandez last traveled to Mexico one and a half years ago to visit his infant son. See id. at 2.
Munoz-Hernandez did not graduate from high school and did not obtain a General Equivalency Diploma. See Report at 2. Munoz-Hernandez was employed in construction from 2001 through 2008, and in automobile repair and automobile painting from 2003 through December 2011. See Report at 2. Munoz-Hernandez does not report any assets. See Report at 2. Munoz-Hernandez reports monthly expenses of $1,220 for rent, utilities, and groceries. See Report at 2. Munoz-Hernandez reports being in good physical and mental health, and is not under the care of a physician. See Report at 3. On the advice of counsel, Munoz-Hernandez declined to discuss alcohol and/or drug use. See id. at 3. Munoz-Hernandez has been charged with multiple traffic violations, and once with shoplifting. See Report at 4-5. Of those charges, he pled guilty to speeding twice, and all remaining charges were dismissed. See Report at 4. Additionally, however, Munoz-Hernandez has been charged with failure to appear fourteen times in connection to these criminal charges and other traffic citations, and pled guilty to the failure-to-appear charges at least three times. See Report at 4-5.
A federal grand jury handed down a twenty-nine count indictment on January 25, 2012. See Indictment (Doc. 2). Munoz-Hernandez was indicted in this case along with fourteen others. See Indictment. Munoz-Hernandez is charged in the following Counts: (i) Count 1 - conspiracy to distribute controlled substances in violation of 21 U.S.C. § 846; and (ii) Count 25 - use of a telephone to facilitate a drug trafficking offense in violation of 21 U.S.C. § 843(b). See Indictment at 1-3, 8-9. With Count 1, Munoz-Hernandez faces imprisonment of ten years to life, and with Count 25, he faces four-years imprisonment. See Response to Defendant's Motion for Reconsideration, filed June 17, 2012 (Doc. 202)("Response"). The United States additionally seeks forfeiture of "at least $15,000,000 in U.S. currency" from Munoz-Hernandez and his co-Defendants. Indictment at 11.
On June 18, 2012, United States Probation & Pretrial Services ("Pretrial Services") disclosed its Report regarding the appropriateness of pretrial release. It recommended pretrial detention based on Munoz-Hernandez' risk of flight for the following reasons: (i) lack of employment; (ii) prior failures to appear in court; (iii) use of other names and identifiers; (iv) past poor performance under community supervision and non-compliance with court orders; (v) possible deportation, if convicted; and (vi) ties to Mexico. See Report at 3. It recommended pretrial detention based on Munoz-Hernandez' danger to the community for the following reasons: (i) the nature of the alleged offense; and (ii) his arrest/conviction history. See Report at 3. On February 1, 2012, Judge Scott held a hearing whether to detain Munoz-Hernandez. See Clerk's Minutes of Arraignment/Detention at 1, filed February 1, 2012 (Doc. 88). At the hearing, Judge Scott found that: (i) there is a serious risk that Munoz-Hernandez will not appear; and (ii) there is a serious risk that Munoz-Hernandez will endanger the safety of another person or the community. See Detention Order Pending Trial at 2,filed February 1, 2012 (Doc. 89).
On June 6, 2012, Munoz-Hernandez filed his Motion for Bail Review. See Doc. 193 ("Motion"). Munoz-Hernandez "requests an order releasing him to the La Posada Halfway House [in Albuquerque], and requests a detention hearing to be scheduled at the Court's earliest convenience." Motion at 1. He asserted:
The Government's evidence against Mr. Munoz-Hernandez is circumstantial based on a handful of ambiguous telephone calls over a very short period. There is no physical evidence against Mr. Munoz-Hernandez. Mr. Munoz Hernandez has no criminal history points and even if convicted is facing a relatively low sentencing range as compared to many of his released co-defendants.
Motion ¶ 1, at 1-2. Munoz-Hernandez noted that, under 18 U.S.C. § 3142(f), "a detention hearing 'may be reopened . . . by the judicial officer at any time before trial if the judicial officer finds that information was not known to the movant at the time of the [initial] hearing,'" and contends that there are "several new circumstances that weigh in favor of release for Mr. Munoz-Hernandez." Motion ¶¶ 4-5, at 2 (quoting 18 U.S.C. § 3142(f)). These new circumstances include: (i) the Court's designation of this case as complex will delay trial until at least May 2013; (ii) since the detention hearing, Munoz-Hernandez' son and his mother, C. Munoz, have moved back to New Mexico, and his other son, who was residing in Mexico, also relocated, resulting in all of his children residing in New Mexico; (iii) some of Munoz-Hernandez' failures to appear have mitigating circumstances, such as notices being sent to improper addresses, and continuances he misunderstood as having been granted; and (iv) that the Bernalillo County New Mexico Metropolitan Court ("Metropolitan Court") Records indicating his failures to appear were not available to his Counsel at the original detention hearing. See Motion ¶¶ 6-10, at 3-4. Munoz-Hernandez asserted that the Court must consider Munoz-Hernandez' history and characteristics, and must recognize that "his strongest ties are to New Mexico, where his five United States citizen children reside." Motion ¶ 15 at 6-7. He alsostated that his criminal history does not support detention, because he has never been arrested for, nor charged with a felony, and does not have any criminal misdemeanor convictions. See Motion ¶ 17, at 7. Munoz-Hernandez asserted that he has a long history of work as a self-employed automobile painter, and, "[w]hile he does not presently have employment, he will seek employment immediately upon release." Motion ¶ 20, at 8. Munoz-Hernandez argues that, in addition to the new evidence warranting a bail review hearing, "due process concerns also warrant re-examination of the detention order because pretrial confinement in this complex case with its lengthy pretrial track poses such a severe restriction on [his] freedom." Motion ¶ 21, at 8 (). Munoz-Hernandez thus requested that the Court release him "to the third party custody of the La Posada Halfway House." Motion at 10.
On June 17, 2012, the United States filed its Response to Defendant's Motion for Reconsideration. See Doc. 202 ("Response"). The United States "continues to believe that the defendant may pose both a flight risk and danger to the community or any other person, and therefore requests that this Court uphold its original order of detention in this matter." See Response at 1. It conceded, however, that Munoz-Hernandez' motion was properly before Judge Scott, because he presented new information that was not known at the detention hearing. See Response at 1. The United States asserted that, because Munoz-Hernandez is charged with drug trafficking, "a 'presumption of detention' arises that the defendant is a flight risk and a danger to the community." Response at 3 (quoting 18 U.S.C. § 3142(e)(3))(citing United States v. Villapudua-Quintero, 308 F. App'x 272, 273, (10th Cir. 2009)). It also contended that should Judge Scott determine the new information which Munoz-Hernandez presents "rebuts the presumption of detention . . . GPS monitoring as well as confinement with a curfew at the half-way-house shouldbe required [if he is released]." Response at 4-5. The United States...
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