United States v. Acosta-Tavera
697 F. App'x 927
| 10th Cir. | 2017Background
- On Feb. 10, 2017, NM transportation officers searched a tractor-trailer and found ~35 kg cocaine, ~26 kg heroin, and 1.08 g fentanyl; driver and passenger waived Miranda and agreed to a controlled delivery.
- A controlled delivery in Jersey City resulted in Acosta-Tavera meeting the driver, receiving a suitcase containing 20 kg of narcotics (mix of real and sham), and handing over $40,000 retrieved from a hidden trunk compartment; he was arrested shortly after.
- Charged in the District of New Mexico with conspiracy to distribute (21 U.S.C. § 846), an A-level drug trafficking offense carrying a 10-year mandatory minimum; initial detention ordered by a NJ magistrate and later reviewed by the NM district court.
- Defense proposed release on a $400,000 secured bond (real-estate collateral), passport surrender, home confinement/ankle monitor limiting travel to parts of NY, and third-party custody by his long-term girlfriend; noted family/community ties in New York and status as a lawful permanent resident.
- The district court ordered detention, finding the rebuttable presumption for A-level offenses applicable, that the government had a strong case, that Acosta-Tavera had ties to the Dominican Republic suggesting flight risk, and that release posed a danger given the likelihood of continued drug trafficking.
- On appeal under 18 U.S.C. § 3145(c), the Tenth Circuit affirmed, concluding the government met its burdens (preponderance for flight; clear and convincing for danger) and that no conditions would reasonably assure appearance and community safety.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant rebutted presumption favoring detention for A-level drug offense | Gov.: presumption applies; must detain absent conditions assuring safety/appearance | Acosta-Tavera: presented release package (bond, monitoring, custodianship) and NY ties that rebut presumption | Court: Presumption remains and defense failed to rebut; detention affirmed |
| Whether government proved risk of flight | Gov.: evidence of trips to Dominican Republic, LPR status, mandatory minimum, and strong case show flight risk | Defense: strong NY family/community ties make flight unlikely | Held: Gov. proved flight risk by a preponderance of evidence |
| Whether government proved danger to community | Gov.: defendant’s role and ability to obtain large quantity of drugs show risk of continued trafficking | Defense: proposed conditions would mitigate danger | Held: Danger proven by clear and convincing evidence; continued trafficking risk supports detention |
| Proper consideration of evidence weight and statutory factors under § 3142(g) | Gov.: weight of evidence is strong (controlled delivery, cash, hidden compartment) | Defense: charge is only conspiracy and facts do not show violence or weapons | Held: Court found weight of the evidence strong and considered statutory factors; supported detention |
Key Cases Cited
- United States v. Cisneros, 328 F.3d 610 (10th Cir. 2003) (burden of persuasion on flight and dangerousness remains with government; district court factual findings reviewed for clear error)
- United States v. Stricklin, 932 F.2d 1353 (10th Cir. 1991) (presumption shifts burden of production to defendant but remains a factor for the court)
- United States v. Cook, 880 F.2d 1158 (10th Cir. 1989) (danger to community includes continued engagement in drug trafficking; broader than physical violence)