United States v. Alex Oria
1:24-cr-20108
S.D. Fla.May 14, 2025Background
- Alex Oria was indicted in the Southern District of Florida for conspiracy to introduce misbranded drugs and conspiracy to traffic in pre-retail medical products with false documentation.
- The government sought pretrial detention under 18 U.S.C. § 3142(f)(2), citing serious risks of flight and threats to witnesses.
- The prosecution presented evidence Oria had lived in Costa Rica for five years, brokered diverted HIV medications in the United States, and made threatening statements to a confidential informant during a phone call in January 2024.
- Oria countered he applied only for Costa Rican residency (not citizenship), remained at his known address while aware of the investigation, and challenged extradition solely on counsel’s advice.
- Oria has a prior conviction for similar conduct but no prior violations of bond or supervision and testified in federal cases as a government witness.
- The court conducted a hearing and denied the government’s motion for detention, instead ordering release on a $100,000 bond with strict conditions.
Issues
| Issue | Government Argument | Oria Argument | Held |
|---|---|---|---|
| Risk of Flight | Substantial ties to Costa Rica, sought citizenship, risk due to seriousness of offense and challenged extradition | No attempt to flee after learning of investigation; residency not citizenship; challenged extradition on counsel’s advice; proven record of appearing for court | No serious risk of flight, release possible with conditions |
| Threat or Danger to Community/Witnesses | Threatened confidential informant in recorded call | Statements made while intoxicated, no further incidents over 6 months | No clear and convincing threat shown |
| Seriousness of Offense | Offense and potential sentence create high risk | Offense not designated as sufficiently serious; prior compliance with court | Offense not presumptively serious |
| Stay Pending Appeal | Sought immediate stay pending appeal of release | No argument presented for a stay; willing to remain in custody until next appearance | No stay granted |
Key Cases Cited
- Nken v. Holder, 556 U.S. 418 (2009) (sets standard for granting stays pending appeal)
- United States v. Ailon-Ailon, 875 F.3d 1334 (10th Cir. 2017) (defines risk of flight as a volitional choice to evade prosecution)
