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United States v. Rodriguez

United States District Court, D. New Mexico

March 18, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RODOLFO RODRIGUEZ, JR., Defendant.

          ORDER DENYING DEFENDANT'S OPPOSED MOTION FOR MODIFICATION OF CONDITIONS OF RELEASE

          WILLIAM P. JOHNSON, CHIEF UNITED STATES DISTRICT JUDGE.

         THIS MATTER comes before the Court upon Defendant's Opposed Motion for Modification of Conditions of Release, [Doc. 38, filed March 5, 2019]. Having reviewed the parties' briefs and applicable law, Defendant's motion is not well-taken, and is, therefore, DENIED.

         BACKGROUND

         1. Defendant Rodolfo Rodriguez Jr. was arrested on February 1, 2018. [Doc. 1]

         2. Defendant was indicted on May 9, 2018, in a one Count indictment charging him with violation of 21 U.S.C. 841 (a)(1) and (b)(1)(A), that being Possession with Intent to Distribute 1 kilogram and more of a Substance Containing a Detectable Amount of Heroin. [Doc. 17]

         3. Defendant has been in continuous custody since his arrest.

         4. Defendant waived a detention hearing on February 6, 2018 as it was felt at that time based on information in the Pretrial Services Report and lack of background information that Defendant would be held in custody. [Doc. 8]

         5. Defendant retained his right to petition the Court to review his detention and to set reasonable conditions of release. [Doc. 8]

         6. Upon Motion of Defendant, [Doc. 12], the Court filed an Order for Evaluation for Mental Competency on April 17, 2018 [Doc. 13]. The Psychological Report was not filed until October 11, 2018 [Doc. 18] and the Court Order Finding Defendant Competent to Stand Trial was filed on October 22, 2018 [Doc. 23]. Defendant remained in continuous custody during this time.

         7. Defendant is set for trial on June 3, 2019. [Doc. 32]

         8. Defendant maintains that he is neither a flight risk nor a danger to the community, and that he should be placed at La Posada Halfway House.

         DISCUSSION

         1. Pretrial Services recommends against releasing Defendant to the La Posada Half Way House, and the Court ...


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