United States District Court, D. Minnesota
H. MacDonald, United States Attorney, and Ruth S. Shnider and
Amber M. Brennan, Assistant United States Attorneys, for
J. Morrison, for defendant Alba Haydee Alatorre.
C. Ede, for defendant Edgar Manuel Sierra-Serrano.
C. Guerrero, MESHBESHER & SPENCE, LTD., for defendant
Dorian Jossier Castillo.
MEMORANDUM OPINION AND ORDER DENYING THE UNITED
STATES' EMERGENCY MOTION
R. TUNHEIM CHIEF JUDGE
February 21, 2019, U.S. Magistrate Judge Katherine M.
Menendez signed a complaint charging Alba Haydee Alatorre,
Edgar Manuel Sierra-Serrano, and Dorian Jossier Castillo
(collectively “Defendants”) with possession with
intent to distribute 500 grams or more of a mixture or
substance containing methamphetamine, in violation of 21
U.S.C. §§ 841(a)(1), 841(b)(1)(A). (See
Compl. at 1, Feb. 21, 2019, Docket No. 1.)
were arrested, and on February 25, 2019, Magistrate Judge
Steven E. Rau held a preliminary hearing. (See
Minute Entries, Feb. 25, 2019, Docket Nos. 11-13.) The United
States made an oral motion to amend the Complaint to charge
conspiracy rather than possession. (See id.; USA
Emergency Mot. at 4, Feb. 26, 2019, Docket No. 14.)
Magistrate Judge Rau granted the United States' motion to
amend the Complaint but found no probable cause.
(See Minute Entries.) As such, he dismissed the
Complaint and discharged Defendants. (See id.)
United States now brings an emergency motion to appeal
Magistrate Judge Rau's decision. (USA Emergency Mot.)
Defendants object on the grounds that the Court does not have
the authority to hear an appeal of a magistrate judge's
dismissal and discharge under Federal Rule of Criminal
Procedure (“Criminal Rule”) 5.1(f). (Def.
Sierra-Serrano Opp., Feb. 27, 2019, Docket No. 15;
see Def. Alatorre Opp., Feb. 27, 2019, Docket No.
20; Def. Castillo Opp., Feb. 27, 2019, Docket No. 21.)
the Court can find no basis for its authority to consider
such an appeal, the Court will deny the United States'
I. PRELIMINARY HEARINGS
preliminary hearing at issue in this case is provided for by
Criminal Rule 5.1, which states that a defendant charged with
an offense other than a petty offense is entitled to a
preliminary hearing before a magistrate judge unless:
(1) the defendant waives the hearing;
(2) the defendant is indicted;
(3) the government files an information under Rule 7(b)
charging the ...