United States District Court, D. New Mexico
ORDER DENYING DEFENDANT'S OPPOSED MOTION FOR
MODIFICATION OF CONDITIONS OF RELEASE
WILLIAM P. JOHNSON, CHIEF UNITED STATES DISTRICT JUDGE.
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,
Defendant Rodolfo Rodriguez Jr. was arrested on February 1,
2018. [Doc. 1]
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]
Defendant has been in continuous custody since his arrest.
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]
Defendant retained his right to petition the Court to review
his detention and to set reasonable conditions of release.
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.
Defendant is set for trial on June 3, 2019. [Doc. 32]
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.
Pretrial Services recommends against releasing Defendant to
the La Posada Half Way House, and the Court ...