United States District Court, D. Minnesota
P. Steinkamp, Assistant United States Attorney, Minneapolis,
MN, on behalf of Plaintiff.
J. Leunig, Esq., The Law Office of John J. Leunig,
Minneapolis, MN on behalf of Defendant.
MEMORANDUM OPINION AND ORDER
MONTGOMERY U.S. DISTRICT JUDGE
matter is before the undersigned United States District Judge
for a ruling on Defendant Rodolfo Anguiano, Jr.'s
(“Anguiano”) Motion for Release on Conditions
[Docket No. 69]. Anguiano asks the Court to revoke the
current Order of Detention [Docket No. 24] and release him on
an unsecured bond with conditions. Plaintiff United States of
America (the “Government”) opposes the Motion.
See Response [Docket No. 91]. For the reasons set
forth below, Anguiano's Motion is denied.
10, 2017, United States Magistrate Judge Katherine M.
Menendez held a hearing on the Government's motion for an
order to detain Anguiano. See Min. Entry, May 10,
2017 [Docket No. 15]. At that time, Anguiano was charged by
Complaint [Docket No. 1] with Conspiracy to Distribute More
than 500 Grams of Methamphetamine. He has since been indicted
by a grand jury. See Indictment [Docket No. 28].
Based upon the evidence provided in the report of Pre-Trial
Services and the evidence presented at the hearing, Judge
Menendez concluded that Anguiano presents a flight risk.
Judge Menendez listed the following reasons for her
First, the large quantity of methamphetamine involved in the
offense, approximately 8 pounds, coupled with the recovery of
two firearms, will result in a lengthy sentence if Mr.
Anguiano is convicted, providing a strong motivation to fail
to appear. Second, Mr. Anguiano appears to be a
well-connected member of a large-scale drug trafficking
organization that could provide extensive resources to him to
assist in leaving Minnesota, and that would have a strong
incentive to do so. Indeed, during the few months leading up
to the hearing, Mr. Anguiano travelled back and forth to
Mexico 39 times, evidenc[ing] the ease with which his removal
from the court's jurisdiction could occur. Third, Mr.
Anguiano's alleged use of fairly sophisticated means to
monitor the security of the drugs and weapon in his
possession demonstrates a willingness and ability to avoid
detection, which increases the Court's concerns regarding
his risk of nonappearance.
of Detention at 2. Accordingly, Judge Menendez ordered
Anguiano be detained. Id. at 3.
now moves for an order revoking the Order for Detention. He
argues that he is not a flight risk because he has
significant family ties to the United States, his numerous
trips to Mexico were for recreational purposes and to take
friends or relatives to the airport in Mexico, and his
passport has been seized by law enforcement personnel. He
also contends he should be released because he has a minimal
prior record, and he was not present in his rented hotel room
when police officers recovered several pounds of crystal
methamphetamine and a firearm from the room. He also argues
his two co-defendants have been released on unsecured bonds.
18 U.S.C. § 3142, pretrial detention may be ordered
either upon a showing by clear and convincing evidence that
no release condition or set of conditions will reasonably
assure the safety of the community, or upon a showing by a
preponderance of the evidence that no condition or set of
conditions will reasonably assure the defendant's
appearance. United States v. Abad, 350 F.3d 793, 797
(8th Cir. 2003); 18 U.S.C. § 3142(c), (e)-(f). If a
defendant is ordered detained by a magistrate judge, the
defendant may move the district court for an order revoking
the detention order pursuant to 18 U.S.C. § 3145(b). The
district court must conduct a de novo review of the
magistrate judge's order. United States v.
Maull, 773 F.2d 1479, 1484 (8th Cir. 1985).
de novo review, the Court agrees with Judge Menendez that for
the reasons stated in the Order of Detention, no set of
conditions will reasonably assure Anguiano's appearance
in court. Additionally, the Government has shown by clear and
convincing evidence that no condition or set of conditions
will reasonably assure the safety of the community. The
record shows that law enforcement officers recovered a
firearm, several pounds of methamphetamine, and
Anguiano's passport in a locked armoire in Anguiano's
hotel room. Hr'g Tr. [Docket No. 90] 10, 14-15. When
arrested, Anguiano had a fake Drug Enforcement Agency badge.
Anguiano appears to be part of a large and sophisticated
drug-trafficking organization with ties to Mexico and is
willing to use firearms to protect his drug trafficking
activities. Thus, he is a danger to the community.