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United States v. Caesar

United States District Court, S.D. Florida

April 23, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
TALISSA CAESAR, Defendant.

          REPORT AND RECOMMENDATION

          JOHN J. O' SULLIVAN CHIEF UNITED STATES MAGISTRATE JUDGE

         THIS MATTER came before the Court on the United States' Motion for Revocation of Magistrate Judge's Order of Bond (DE# 6, 3/27/19). This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b) for a report and recommendation. See Order of Reference (DE# 9, 3/29/19). Having reviewed the applicable filings and the law, the undersigned respectfully RECOMMENDS that the United States' Motion for Revocation of Magistrate Judge's Order of Bond (DE# 6, 3/27/19) be DENIED for the reasons stated herein.

         BACKGROUND

         The defendant was charged by indictment in the Southern District of Florida with conspiracy to import 500 grams or more of cocaine in violation of Title 21, United States Code, Section 963 and conspiracy to possess with intent to distribute 500 grams or more of cocaine in violation of Title 21, United States Code, Section 846. See Indictment (DE# 3, 12/18/18).

         On March 17, 2019, the defendant was arrested in the District of the Virgin Islands. On March 20, 2019, United States Magistrate Judge George W. Cannon, Jr. held a detention hearing in the District of the Virgin Islands. See Transcript of Change of Detention Hearing Before Honorable George W. Cannon, Jr. United States Magistrate Judge (DE# 14-1, 4/5/19) (hereinafter "Transcript").

         At the pretrial detention hearing, the government sought to detain the defendant based on risk of flight and danger to the community. Transcript at 28. The defendant presented testimony from the defendant's friend, the defendant's sister and the defendant's boyfriend concerning the defendant's character, her strong work ethic, her role as a single mother to her four children (including an infant whom the defendant is currently breastfeeding), her status as the family's breadwinner and her willingness to voluntarily submit to an interview with law enforcement. At the conclusion of the hearing, the Court set an unsecured bond in the amount of $50, 000. Id. at 34. The Court stated that:

After. . . hearing the evidence and the testimony of the witnesses as well as the arguments of both counsel, this Court feel[s] that even though there is a presumption that that [sic] presumption has been rebutted. I do not feel that the defendant is a flight risk or a danger to the community. So I will not detain the defendant. I'm going to release the defendant under certain conditions.

Id., at 33. Among the conditions set by the Court, was a curfew from 6:00 PM to 6:00 AM. See Order Setting Conditions of Release (DE# 6-2 at 2, 3/27/19).

         On March 27, 2019, the government filed the instant motion. See United States' Motion for Revocation of Magistrate Judge's Order of Bond (DE# 6, 3/27/19) (hereinafter "Motion"). The government seeks revocation of the defendant's bond on the ground that "the Defendant did not present any evidence to rebut the statutory presumption in this case." Id. at 4. The government argues that:

Despite the fact that all the individuals who testified on the Defendant's behalf believe that she is a good mother, that evidence is insufficient to overcome the presumption that the Defendant is both a danger to the community and a risk of flight. Their testimony does nothing to refute that the Defendant engaged in the dangerous business of drug trafficking and I has no ties to the Southern District of Florida.

Id., at 5.

         The defendant filed her response in opposition to the instant motion on April 12, 2019. See Response to "United States' Motion for Revocation of Magistrate Judge's Order of Bond" (DE# 16, 4/12/19) (hereinafter "Response"). The government filed its reply on April 18, 2019. See United States' Reply to Defendant's Response to Government's Motion for Revocation of Magistrate Judge's Order of Bond (DE# 19, 4/18/19).

         This matter is ripe for adjudication.

         STANDARD ...


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