UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
December 22, 2005
UNITED STATES OF AMERICA, PLAINTIFF,
HENRY CASTILLO-VALDEZ, DEFENDANT.
The opinion of the court was delivered by: David G. Larimer United States District Judge
On December 14, 2005, defendant Castillo-Valdez, was arrested on an indictment warrant in Georgia. He appeared before United States Magistrate Judge Joel Feldman, in the Northern District of Georgia at Atlanta, Georgia. Magistrate Judge Feldman denied the Government's motion for detention. Magistrate Judge Feldman directed the defendant be released on execution of a $20,000 bond secured by ten percent cash.
The Government appealed that decision and sought review before this Court. On December 22, 2005, the Court heard oral argument from Assistant United States Attorney Bradley E. Tyler, in the Western District of New York and from Assistant Public Defender Suzanne Hashimi, the attorney who represented the defendant at the detention hearing before Magistrate Judge Feldman in the Northern District of Georgia. Both counsel advised what occurred before Magistrate Judge Feldman and proceeded by proffer.
After considering all the pleadings in the case and comments of counsel, I affirm Magistrate Judge Feldman's order of release in part and modify it in part. I deny the Government's motion for detention and I believe there are conditions that reasonably guarantee the defendant's presence and eliminate risk to the community. Although the charge is significant and carries severe penalties, it appears that the defendant was principally a courier and that these events occurred three or four years ago. Although defendant has few present ties to the Western District of New York, it appears that he is employed, is a legal resident alien and has no prior criminal convictions. I do, however, believe that the bond should be increased. An appearance bond should be set in the amount of $60,000 secured by $10,000 cash or real property having equity in excess of $30,000. Other non-monetary conditions should also be imposed concerning reporting to probation, maintaining employment and directing the defendant to appear for all court proceedings.
If defendant is released, he is to appear for arraignment on the indictment in Rochester on January 6, 2006 at 11:30 a.m.
IT IS SO ORDERED.
Rochester, New York
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