The court denied Dominguez's appeal of a magistrate judge's order of detention, holding that inline with the presumption of detention, the government showed Dominguez is a flight risk and there was no set of conditions that he could satisfy that would ensure his appearance. Reviewing the magistrate judge's detention order de novo, the court found that Dominguez poses a risk of flight based on his extensive criminal history, past parole violations, evidence of failures to appear, narcotics-related links to Mexico, and that he's facing significant custodial time due to a mandatory minimum. The court held that Dominguez's proposed bond was insufficient and Dominguez could not afford the bond the judge deemed more appropriate. Moreover, the court held that 18 U.S.C. § 3142(g)'s factors controlled notwithstanding "COVID-19 circumstances."
United States v. Dominguez, No. 3:20-cr-02053-LAB (S.D. Cal. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Pretrial Detention [jail], Significant Criminal History
Two counts of conspiracy to import and distribute methamphetamine
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.