Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States of America v. Juan Perez

July 11, 2011

UNITED STATES OF AMERICA
v.
JUAN PEREZ



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

MEMORANDUM

I. INTRODUCTION

On June 15, 2011, a grand jury returned a three-count indictment against defendant Juan Perez and his brother, Roberto Perez. Those charges are as follows:

* Count I: Conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846

* Count II: Possession with intent to distribute cocaine and aiding and abetting possession with intent to distribute cocaine, in violation of

21 U.S.C. §§ 841(a)(1) and (b)(1)(B) and 18 U.S.C. § 2

* Count III: Possession with intent to distribute cocaine and aiding and abetting possession with intent to distribute cocaine within 1,000 feet of a school, in violation of 21 U.S.C. § 860(a)

On June 22 and June 24, 2011, Magistrate Judge M. Faith Angell presided over a hearing at which counsel for defendant and the government presented evidence and arguments on the issue of pretrial detention. At the conclusion of the hearing, Magistrate Judge Angell ordered the defendant detained.

Presently before the Court is defendant's Appeal from Order of Detention and Motion to Set Bail. The Court conducted a hearing on defendant's appeal and motion on July 7, 2011. At the conclusion of the hearing, the Court denied defendant's Appeal from Order of Detention and Motion to Set Bail. This Memorandum amplifies the bases for the Court's denial of defendant's appeal and motion.

II. LEGAL STANDARD

This Court has jurisdiction to review the Magistrate Judge's decision under 18 U.S.C. § 3145(b). That section requires the Court to make a de novo determination of the Magistrate Judge's detention order. United States v. Delker, 757 F.2d 1390, 1394 (3d Cir. 1985). However, the reasons articulated by the Magistrate Judge must be given "respectful consideration." United States v. Suppa, 799 F.2d 115, 120 (3d Cir. 1986). The transcript of the hearing before the Magistrate Judge may also be considered. See Delker, 757 F.2d at 1394-95, 1395 n.3.

III. FINDINGS OF FACT

Having reviewed the submissions of the parties and the transcripts of the hearing before Magistrate Judge Angell, and after conducting an evidentiary hearing on July 7, 2011, the Court makes the following findings of fact:

1. On April 20, 2011, Philadelphia police stopped a car driven by defendant. A search of the car uncovered ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.