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U.S. v. ROJAS
August 3, 2005.
UNITED STATES OF AMERICA, Plaintiff,
EDUARDO ARELLANO ROJAS, Defendant.
The opinion of the court was delivered by: DONALD G. WILKERSON, Magistrate Judge
This matter is before the Court on the Motion to Reconsider
Bond filed by the defendant, Eduardo Arellano Rojas, on July 25,
2005 (Doc. 305). For the reasons set forth below, the motion is
The defendant seeks a reconsideration of the Detention Order
(Doc. 120) which detained the defendant pending trial.
18 U.S.C. § 3142(e). In his motion, the defendant asserts that detention
should reconsidered, and a bond should be set, because he "was
never afforded the opportunity to present evidence that he is a
landowner"; because discovery reveals that he was not in "actual"
possession of narcotics; that the evidence against him is based
on information provided by informants and persons "`working' off
charges"; because he may have medical needs; and because he is
the father of three children.
18 U.S.C. § 3142(f) provides:
The [detention] hearing may be reopened, before or
after a determination by the judicial officer, at any
time before trial if the judicial officer finds that
information exists that was not known to the movant
at the time of the hearing and that has a material
bearing on the issue whether there are conditions of
release that will reasonably assure the appearance of such person
as required and the safety of any other person and
It is unclear how any of the reasons to reconsider detention
provided by the defendant are based on information that was not
known during the hearing. The hearing in this matter occurred on
April 25, 2005. At that time, the defendant knew that he had
property, he knew that he was undergoing medical treatment, and
he knew that he had three children. Information concerning his
property and children were included on the defendant's financial
affidavit. (Doc. 56) The defendant was given an opportunity to
present evidence and to make arguments regarding these matters
during the detention hearing. With respect to the "belief" of
counsel that the evidence against this defendant is not credible,
such an argument does not belie this court's finding that this
defendant has no ties to the community and that the charged
offense involves a large amount of narcotics.
With respect to the defendants medical issues, it is the
Court's understanding, after speaking with the U.S. Marshal, that
he is currently receiving medical care where he is housed. If he
is not receiving adequate treatment, he may file a motion, with
supporting facts, requesting to be transferred to a medical
facility (or whatever other relief he may require).
For the foregoing reasons, the Motion to Reconsider Bond filed
by the defendant, Eduardo Arellano Rojas, on July 25, 2005 is
DENIED (Doc. 305).
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