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United States v. David Alex Monroe
3:21-cr-00008
S.D. Ga.
Dec 29, 2021
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Background

  • Defendant Rosario Cortes‑Locenzo charged in a 30‑person methamphetamine conspiracy (21 U.S.C. § 846) and three counts under 21 U.S.C. § 843(b); offense carries at least a 10‑year mandatory minimum.
  • Magistrate Judge Brian K. Epps (after initial appearance in this district) and earlier Magistrate Judge Regina D. Cannon (Northern District of Georgia) entered orders of detention pending trial.
  • At the August 11, 2021 detention hearing the Government proffered: ~372 grams of meth found in the shared residence, >$32,000 cash, scales, packaging, multiple cell phones, and intercepted calls discussing "cooking" and distribution.
  • The Government linked a female participant in calls to a phone account in defendant's name; defense argued calls were innocuous and related to household cooking and children.
  • Defendant stressed familial, residential, and employment ties (four children, three in Atlanta schools) to rebut detention; Court found defendant is an illegal alien and faces a substantial sentence, increasing flight risk.
  • After de novo review, the district court affirmed the magistrate judge's detention order; defendant to remain detained pending trial or other resolution.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether defendant rebutted the rebuttable presumption of detention under 18 U.S.C. § 3142(e)(3) (serious drug offense) Presumption applies because charged drug offense carries ≥10 years; Government relied on the presumption and proffered evidence Defendant urged her community/family ties and other factors rebut the presumption Court: Presumption not rebutted; detention affirmed
Whether conditions could reasonably assure appearance (flight risk) Illegal‑alien status plus heavy potential sentence make flight likely Family, residential ties, employment, and children in Atlanta reduce flight risk Court: Ties insufficient given immigration status and exposure to severe sentence; flight risk established
Whether conditions could reasonably assure safety of others/community Strong proffer: large quantity of meth, cash, distribution paraphernalia, intercepted calls showing participation Defendant argued calls were ordinary household/cooking talk and challenged identity on calls Court: Weight of evidence and nature of offense show danger to community; detention appropriate
Standard of review for appeal of magistrate's detention order Government relied on magistrate's findings and evidence Defendant sought reversal of detention order; district court to review de novo Court: Applied de novo review per binding precedent and affirmed magistrate's order

Key Cases Cited

  • United States v. King, 849 F.2d 485 (11th Cir. 1988) (district court reviews magistrate judge's detention/release order de novo)
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Case Details

Case Name: United States v. David Alex Monroe
Court Name: District Court, S.D. Georgia
Date Published: Dec 29, 2021
Docket Number: 3:21-cr-00008
Court Abbreviation: S.D. Ga.