United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER DISMISSING PETITION FOR
REVOCATION OF SUPERVISED RELEASE
MATTER comes before the Court upon a Petition for Revocation
of Defendant's Supervised Release, filed January 28, 2019
(Doc. 214). The Court held an evidentiary
revocation hearing on March 4, 2019 and received written
closing arguments from the parties.
petition, the United States Probation office alleges that
Defendant violated conditions of his supervised release by
(1) possessing firearms and ammunition, and (2) committing a
state crime, specifically, Felon in Possession. Doc.
January 25, 2019, at around 8:33 p.m., Deputy Castaneda was
behind a blue Ford Expedition. He ran the license plates and
found that they belonged to a 1985 gray sedan. He pulled over
the Ford Expedition. The driver, Gabriel Salas, stopped and
got out of the vehicle, ran northbound and jumped a gate to
an apartment complex. Deputy Castaneda chased him on foot and
fired his taser, but the probes detached when the Salas made
it over a fence. Salas got away. Because Deputy Castaneda was
focused on the driver, he did not notice whether the Ford
Expedition had other occupants.
Castaneda turned his attention back to the car, in which he
found a (1) Ruger revolver, (2) syringes with heroin, and (3)
ammunition. He also found a purse in the front passenger
seat, as well as a white laptop with a black cover marked
with the letters A-N-G-E. He also found a receipt for a hotel
room at the Extend-A-Suites, 2108 Menaul, in Albuquerque, New
Mexico. The deputies later confirmed there was a room
registered to the suspect, Gabriel Salas.
Bartram arrived at the Extend-A-Suites hotel at 9:30 p.m.
Doc. 231, p. 10. After getting a key card
from the front desk, the deputies announced themselves and
opened the door to room 224. Angelique Herrera, Defendant,
and a third person, Mr. Quinones were in the room.
Herrera exited the room and said that the hotel room belonged
to her friend's boyfriend and that she was there to pick
up baby formula for her friend. She stated she did not know
Gabriel Salas. She stated that she owned a white Apple
Macbook that was stolen a week prior. She stated it had a
black cover. Doc. 231, p. 53-54. This
appears to match the description of the laptop found in the
vehicle. Deputy Bartram took Defendant out of the room and
placed him into custody at around 9:50 p.m. Doc. 231,
open closet deputies found 3 rifles and 2 shotguns in cases.
Doc. 231, p. 55. The cases were
“standing up” and leaning against a wall in the
closet. One shotgun was reported stolen. There was also a
green ammunition box on the floor of the closet. There is no
evidence in the record that the cases were locked. The
firearms themselves were not visible.
found jewelry and collectible coins in both the Ford
Expedition and the hotel room. In the hotel room, there was a
jewelry stand on one of the desks, more jewelry on another
desk, and some on the nightstand. Deputy Castaneda testified
he suspected they were stolen because there were also coins
and jewelry in the Ford Expedition. Doc. 231, p.
79-81. Other than that, he testified there was no
evidence they were stolen. Doc. 231, p. 80.
Deputy Jessen believed that the jewelry was stolen and they
were keeping it in that room for safekeeping before moving
it. Doc. 231, p. 85.
told Deputy Jessen that he was giving Angelique Herrera a
ride to the hotel room to pick up baby formula. Neither
Angelique Herrera nor Defendant knew the other's name.
Angelique Herrera apparently entered the Quality Inn Suites
where he was working and asked for a ride. Doc. 231,
p. 75. She testified she had only met him once
before. Doc. 231, p. 132. Defendant was
scheduled to work at the Quality Inn Suites until 9:00 p.m.,
and at approximately that time he left to give Angelique
Herrera a ride to Extend-A-Suites. The distance was ¾
of a mile. Angelique Herrera did not have a key to the room.
When they arrived, she recognized a car she had previously
seen at her friend's house. She asked Mr. Quinones, who
was working on the car, if he had a key. He subsequently let
her in to the room. Doc. 231, p. 125-26.
petition alleges Defendant violated two conditions of his
(1) you must not own, possess, or have access to a firearm,
ammunition, destructive ...