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United States of America v. Rolando Gonzalez A/K/A "Rollo

September 22, 2011

UNITED STATES OF AMERICA
v.
ROLANDO GONZALEZ A/K/A "ROLLO" A/K/A "ROLO" EUCLIDES GONZALEZ A/K/A "CLIDE"



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

MEMORANDUM

I. INTRODUCTION

On July 27, 2011, a grand jury returned a three-count Indictment against co-defendants Rolando and Euclides Gonzalez.*fn1

The Indictment charges the defendants as follows:

Count I: As to both Rolando Gonzalez and Euclides Gonzalez: Conspiring to knowingly and intentionally distribute five kilograms or more of cocaine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846;

Count II: As to Euclides Gonzalez only: Knowingly and intentionally possessing with intent to distribute five kilograms or more of cocaine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A).

Count III: As to Euclides Gonzalez only: Knowingly and intentionally possessing with intent to distribute five kilograms or more of cocaine, a Schedule II controlled substance, within 1,000 feet of a school, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 860(a).

On July 28, 2011, Magistrate Judge Timothy Rice granted the government's motion for three-day temporary detention as to both defendants. On August 1, 2011, counsel for the government presented evidence in support of pretrial detention at a hearing before Magistrate Judge David R. Strawbridge. After hearing argument from the government and counsel for both defendants, Magistrate Judge Strawbridge ordered both defendants detained.

Presently before the Court are Rolando Gonzalez's Motion for Review and Revocation of August 1, 2011, Detention Order and Euclides Gonzalez's Motion for Review and Revocation of Detention Order.*fn2 The Court conducted a hearing on defendants' motions on September 7, 2011. At the hearing, the Court admitted into evidence the transcripts of the July 28, 2011, and August 1, 2011, hearings before Magistrate Judges Rice and Strawbridge and the Bail Report prepared by the United States Pretrial Services Office. The government also presented evidence by attorney proffer and introduced documentary evidence and video recordings of defendants' alleged conduct. At the conclusion of the hearing, the Court denied both defendants' motions for review and revocation of detention order and issued an order to that effect. This Memorandum amplifies the bases for the Court's denial of defendants' motions.

II. LEGAL STANDARD

This Court has jurisdiction to review the magistrate judge's decisions under 18 U.S.C. § 3145(b). That section requires the Court to make a de novo determination of the magistrate judge's detention orders. United States v. Delker, 757 F.2d 1390, 1394 (3d Cir. 1985). However, the reasons the magistrate judge articulated 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 admitted into evidence in the hearing before the district court. See United States v. Delker, 757 F.2d 1390, 1394-95, 1395 n.3 (3d Cir. 1985).

III. FINDINGS OF FACT

Having reviewed the submissions of the parties and the transcripts of the hearings before Magistrate Judges Rice and Strawbridge, and after conducting an evidentiary hearing on September 7, ...


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