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