United States v. Guerrero

MEMORANDUM AND ORDER OF DETENTION PENDING TRIAL

STEPHEN WM. SMITH, United States Magistrate Judge.

Defendant Edgar Ivan Guerrero has been charged by indictment with the offenses of hostage taking in violation of 18 U.S.C. § 1203 and concealing illegal immigrants in violation of 8 U.S.C. § 1324. A detention hearing was held on October 27, 2009 pursuant to the Bail Reform Act, 18 U.S.C. § 3142(f).

Applicable Legal Standard

As an initial matter, the Government argues that the statutory presumption of 18 U.S.C. § 3142(e) 1 against pretrial release applies to Guerrero, because there is probable cause…