United States v. Hernandez
2011 U.S. Dist. LEXIS 44012
D.N.M.2011Background
- T. Hernandez is a naturalized U.S. citizen charged with possession with intent to distribute 500+ grams of cocaine (minimum 5 years, max 40 years).
- Detention hearing was conducted after a magistrate granted detention pending trial; appeal seeks bond with third‑party custody release.
- Government proffered undercover buy‑bust evidence showing T. Hernandez arranging to supply multi‑kilogram quantities at his residence and restaurant; CI interviews and surveillance followed the events.
- Border crossing records showed frequent Mexico travel (2009–2010) with inconsistencies between Hernandez and his sister’s travel histories.
- Firearms were recovered at Hernandez’s residence (10 firearms including rifles) during investigation; sister and brother testified regarding family ties and business involvement.
- Court considers whether Confrontation Clause applies to detention hearings, whether the statutory presumption against release applies, and whether Hernandez is a flight risk and/or danger to the community.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation Clause applicability at detention hearings | Cisneros/Stricklin support detention hearing hearsay admissibility | Crawford extends confrontation rights to all proceedings | Confrontation Clause does not apply to detention hearings |
| Presence of the statutory presumption against release | Probable cause under 21 U.S.C. § 841 triggers presumption detain | Burden to rebut presumption rests with Hernandez | Statutory presumption present; burden shifts to defendant, but government bears persuasion on flight/danger |
| Whether Hernandez is a flight risk | Evidence shows strong chance of flight due to penalties and travel ties to Mexico | He has community ties (residence, family, business) | Hernandez is a flight risk by preponderance of the evidence |
| Whether Hernandez is a danger to the community | Evidence of drug trafficking, firearms, and active negotiations show danger | No specific violent conduct established; deterrence exists with conditions | Hernandez presents a danger to the community by clear‑and‑convincing evidence |
| Whether no condition can reasonably assure appearance or safety | Presumption plus strong evidence cannot be overcome by conditions | Detention pending trial affirmed; no suitable conditions found |
Key Cases Cited
- United States v. Cisneros, 328 F.3d 610 (10th Cir. 2003) (burden shifting and preponderance standard at detention hearings)
- United States v. Stricklin, 932 F.2d 1354 (10th Cir. 1991) (presumption remains a factor after defendant meets production burden)
- United States v. Mercedes, 254 F.3d 433 (2d Cir. 2001) (burden of persuasion remains with government for flight/danger)
- United States v. Delker, 757 F.2d 1390 (3d Cir. 1985) (hearsay admissible at detention hearings; no right to confront non-testifying witnesses)
- United States v. Pasciuti, 958 F.2d 361 (1st Cir. 1992) (detention hearings may proceed by proffer; confrontation not required)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) ( Sixth Amendment confrontation rights pertain to trial; not directly to detention hearings)
- Barber v. Page, 390 U.S. 719 (U.S. 1968) (pretrial contexts involve trial rights; a preliminary hearing is less protective)
- Pennsylvania v. Ritchie, 480 U.S. 39 (U.S. 1987) (right to confrontation is a trial right; cross-examination at trial suffices)
- United States v. Garcia, 324 F. App’x 705 (10th Cir. 2009) (Crawford may not apply to suppression/detent questions; limited scope and authority)