United States v. Leon-Bustamante, 2:18-mj-01497

Defendant Gabriel Leon-Bustamante faced a detention hearing under the Bail Reform Act, 18 U.S.C. § 3142(f).
Court found facts supporting detention by clear and convincing evidence as a danger to the community and by a preponderance of the evidence as a serious flight risk.
The record identifies prior criminal history, lack of significant U.S. contacts or resources, substantial ties to Mexico, and prior failures to comply with court orders or to evade law enforcement.
The court invoked the statutory rebuttable presumption under 18 U.S.C. § 3142(e) (based on prior qualifying offenses and related findings) and found the defendant did not rebut that presumption.
The order commits the defendant to the custody of the Attorney General (or designee) for confinement in a corrections facility, with instructions about counsel access and transfer for court appearances.
The order sets deadlines and responsibilities for counsel if appealing the detention decision or proposing third-party custodians (reference to Fed. R. Crim. P. 59(a)).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether conditions will reasonably assure community safety	Government: statutory presumption applies; defendant is dangerous and has qualifying prior conduct	Defendant: (not expressly detailed in order; implication: attempted rebuttal of presumption)	Court: Presumption applies and defendant failed to rebut; detention required as danger
Whether defendant is a flight risk	Government: lacks U.S. ties/resources, has strong ties to Mexico, prior noncompliance/flight	Defendant: (no successful rebuttal presented)	Court: By preponderance, defendant is a serious flight risk; detention required
Proper custodial/housekeeping orders while detained	Government: request commitment to Attorney General for appropriate confinement and counsel access	Defendant: (no contrary custody proposal)	Court: Ordered commitment to Attorney General, separate housing, counsel access, transfer procedures
Procedures for appeal/third-party release consideration	Government: requires counsel to provide Pretrial Services notice and filings timely	Defendant: (no procedural dispute stated)	Court: Set Rule 59(a) 14-day objection deadline and required Pretrial Services involvement for third-party custodians