United States District Court, W.D. Pennsylvania
Flowers Conti Chief United States District Judge.
September 19, 2017, defendant Jaime Mosqueda
(“defendant or “Mosqueda”) filed a motion
to revoke detention order with citation of authorities.
(Crim. No. 16-233, ECF No. 29; Crim. No. 17-98, ECF No. 41).
The government filed a response in opposition. After a de
novo review of the proceedings before the magistrate
judge, as well as a review of the submissions in this case,
the pretrial services report prepared by the pretrial
services officer, the arguments of counsel, and the hearing
held on October 2, 2017, this court denied defendant's
motion and ordered that defendant be detained without bond
pending trial. This memorandum opinion sets forth the reasons
for the court's decision, which were detailed on the
October 25, 2016, a grand jury returned an indictment at
criminal action number 16-233 charging defendant with illegal
reentry after deportation, in violation of 8 U.S.C. §
1326. On April 4, 2017, a grand jury returned an indictment
at criminal action number 17-98 charging defendant with: (1)
at count 1, making a false statement to a government
official, in violation of 18 U.S.C. § 1001; (2) at count
2, possession of a firearm by an illegal alien, in violation
of 18 U.S.C. § 922(g)(5)(A); and (3) at count 3,
possession of a firearm by a convicted felon, in violation of
18 U.S.C. § 922(g)(1).
criminal charges against Mosqueda stem from an incident in
Clairton, Pennsylvania on September 3, 2015 in which Aaron
Barrow was shot to death. Officers recovered eighteen shell
casings, five firearms, and numerous indicia of heroin
manufacturing, including 13, 000 empty stamp bags.
detained defendant, took him to the Clairton police station
and gave him Miranda warnings. Defendant signed the
warnings as “Orlando Rios Olno.” He told the
officers that his name was Orlando Olno, he was from Puerto
Rico, and he had been staying in New York and Pittsburgh,
Pennsylvania. Defendant provided a United States Social
Security card and a Puerto Rico birth certificate in the name
of Orlando Olno. Through a fingerprint scan, officers
determined that defendant's name was actually Jaime
Mosqueda, a/k/a Jorge Antonio Collazo; he was a citizen of
Colombia; and he was previously deported.
admitted that he was involved in the incident in which Barrow
was killed. Two other individuals and he were in the
residence smoking marijuana when they heard sounds coming
from the second floor. Mosqueda told “Ifi” to
grab the “chopper” (a sawed-off shotgun).
Mosqueda grabbed a .380 caliber firearm, went to the bottom
of the stairs, turned a light on and saw an unknown male at
the top of the stairs who began to run down while shooting a
gun. Mosqueda stated that he fired four times and the
intruder ran back upstairs. Mosqueda then left and was
stopped a short time later by police.
officers interviewed Anthony Gardner, who testified that he
was in the residence with “Bo, ” whom he
described as paralyzed and confined to a wheelchair. It is
reasonable to infer that “Bo” is Mosqueda, who
has been confined to a wheelchair since he was shot by a DEA
agent in Houston, Texas in 2001. Gardner stated that
“Bo” had a firearm in his lap and always has a
firearm on his person. The coroner determined that Barrow was
killed by .380 caliber bullets, which was the firearm used by
Mosqueda. That firearm was also involved in an assault
sixty-three days earlier.
result of the incident, Mosqueda faced numerous criminal
charges in state court. He was not charged with homicide as
investigators concluded that he acted in self-defense.
Mosqueda was convicted after a bench trial of use/possession
of drug paraphernalia and False ID to law enforcement officer
and sentenced to three to nine months of incarceration.
Mosqueda was found not guilty of the gun charges. The Bureau
of Immigration and Customs Enforcement (“ICE”)
filed a detainer.
has several prior drug-related convictions, including a
188-month sentence for aiding/abetting possession with intent
to distribute fifty grams or more of crack cocaine and
illegal alien in possession of a firearm. His criminal
history indicates use of several aliases and he has a prior
conviction for failure to ID/fugitive from justice. Mosqueda
was on supervised release at the time of the incident. He was
sentenced to six months imprisonment for the supervised
release violations by the federal district court for the
Southern District of Texas.
services prepared a report which concluded that there were no
conditions that will reasonably assure the appearance of
Mosqueda at trial and protect the safety of the community. A
detention hearing was held on July 13 and 18, 2017. At the
hearing, the magistrate judge determined that defendant posed
a risk of flight and was a danger to the community and
entered an order of detention for defendant pending trial.
defendant moved to revoke the order of detention, this court
held a de novo hearing on October 2, 2017. Mosqueda
would like to be released to return to Houston, Texas, where
his common law wife and two-year-old son reside. His wife is
a legal resident of the United States and is willing to serve
as a third-party custodian for defendant and permit him to
live with her if he is released on bond. There are no
firearms in the home. Mosqueda argues that he cannot flee to
Colombia because he would be killed if he returns. He filed
an asylum petition and a hearing is scheduled for November 17
and December 5, 2017, in Texas. He contends that conditions
of home confinement and electronic monitoring are sufficient
to alleviate concerns about flight risk and safety to the
community and would enable him to participate in the asylum
hearing. After reviewing the transcript of the detention
hearing held by the magistrate judge, and taking into
consideration the pretrial services report, as well as the
arguments and evidence presented by the parties at the
hearing held on October 2, 2017, the court denied
defendant's request for bond.
court's standard of review of a magistrate judge's
denial of pretrial detention is de novo. United
States v. Delker, 757 F.2d 1390, 1394 (3d Cir. 1985).
The structured system of the Bail Reform Act, 18 U.S.C.
§ 3141 et seq., regarding the release or detention of a
defendant before trial seeks to ensure that the interests of
the defendant and the public are carefully considered and
contemplated before release or detention is ordered. The
court is charged with holding a hearing to determine whether
there exists “any condition or combination of
conditions set forth in [18 U.S.C. § 3142(c)] that will
reasonably assure the appearance of the [defendant] as
required and the safety of any other person and the
community.” 18 U.S.C. § 3142(f). Section
3142(c)(1)(B) of the Bail Reform Act sets forth a
nonexclusive list of conditions that a court may impose upon
granting a defendant's motion for pretrial release. If
the court determines no sufficient condition or combination
of conditions exists, however, the court may order that a
defendant be detained without bail pending trial.
case, the parties agree that the rebuttable presumption in 18
U.S.C. § 3142(e)(3) does not apply. The government,
therefore, bears the burden to prove risk of flight
justifying pretrial detention by the preponderance of the
evidence standard. The government must demonstrate danger to
the community justifying pretrial detention by ...