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United States v. Colon

August 25, 2010

UNITED STATES
v.
LUIS COLON



The opinion of the court was delivered by: Slomsky, J.

OPINION AND ORDER

I. INTRODUCTION

On July 26, 2010, Defendant Luis Colon filed a Motion for Release on Conditions.*fn1 (Doc. No. 48.) Defendant had previously been denied bail and detained on July 26, 2010 by United States Magistrate Judge David R. Strawbridge, and filed the instant motion as an appeal of the Detention Order. On August 2, 2010, the Government filed a response in opposition to Defendant's motion. (Doc. No. 78.) This Court held a hearing on the motion on August 5, 2010. Counsel for Defendant and the Government presented arguments in support of their respective positions, and the Government offered testimony from an Associate Warden at the Philadelphia Federal Detention Center ("FDC"). Taking into consideration the arguments and briefs of Counsel, and the record in this case, the Court will deny Defendant's Motion for Release on Conditions.

II. BACKGROUND

On March 11, 2009, a grand jury returned an indictment (Doc. No. 1) charging Defendant with one count of conspiracy to commit murder in violation of 18 U.S.C. § 1959(a)(5) and one count of possession of a firearm in furtherance of a crime of violence in violation of 18 U.S.C. §§ 924(c)(1)(A)(ii) and 2.

On April 28, 2010, the grand jury returned a superseding indictment (Doc. No. 9) charging Defendant in fourteen (14) counts with the following offenses:

(1) Conspiracy to participate in a racketeering (RICO) enterprise in violation of 18 U.S.C. § 1926(d);

(2) Conspiracy to commit murder in aid of racketeering in violation of 18 U.S.C. § 1959(a)(5) (two counts);

(3) Using and carrying a firearm during a violent crime in violation of 18 U.S.C. § 924(c);

(4) Distribution of 50 grams or more of cocaine base ("crack") in violation of 21 U.S.C. § 841(a) (two counts);

(5) Distribution of a detectable amount of methamphetamine in violation of 21 U.S.C. § 841(a);

(6) Distribution of 5 grams or more of methamphetamine in violation of 21 U.S.C. § 841(a) (two counts);

(7) Possession with intent to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. § 841(a); and

(8) Distribution of controlled substances on public housing authority property in violation of 21 U.S.C. ...


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