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United States v. Monix

United States District Court, M.D. Florida, Tampa Division

July 22, 2019

UNITED STATES OF AMERICA,
v.
QULETON MONIX.

          ORDER

          ELIZABETH A. KOVACHEVICH, UNITED STATES DISTRICT JUDGE

         This cause is before the Court on:

Dkt. 18 Order of Detention
Dkt. 22 Motion for Hearing and Motion for Review of Magistrate's Detention Order and Motion to Set Reasonable Bond
Dkt. 24 Response

         Defendant Quleton Monix moves for review of the Order of Detention (Dkt. 18). Defendant Monix argues that Defendant Monix has rebutted the presumption that "no condition...will reasonably assure the appearance of the person...and the safety of the community if...there is probable cause to believe the person committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. Sec. 801 et seq.). Defendant Monix requests that the Court reconsider the Order of Detention and set reasonable bail and/or order electronic monitoring. Defendant Monix further requests that a hearing be set on Defendant's Motion for Review.

         The Government opposes Defendant Monix' Motion, and requests that the Court deny Defendant's Motion in all respects, and adopt the Order of Detention.

         I. Background

         On June 11, 2019, the Grand Jury returned an Indictment charging Defendant Quleton Monix with the following:

Count 1 Possession with intent to distribute a controlled substance, which violation involved a mixture and substance containing a detectable amount of cocaine, a schedule II controlled substance, in violation of 21 U.S.C. Sees. 841(a)(1) and 841(b)(1)(C);
Count 2 Knowingly carry a firearm during and in relation to, and knowingly possess a firearm in furtherance of, a drug trafficking crime for which the defendant may be prosecuted in a Court of the United States, specifically, possessing with intent to distribute a mixture and substance containing a detectable amount of cocaine, a Schedule II controlled substance, as alleged in Count 1 above; Count 1 being incorporated by reference herein, in violation of 18 U.S.C. Sec. 924(c)(1)(A)(i).;
Count 3 Having knowingly been previously convicted in any court of a crime punishable by imprisonment for a term exceeding one year, (listing 8 convictions), knowingly possess, in and affecting interstate and foreign commerce, a firearm and ammunition, that is, a Beemiller, Inc., Hi-Point Model: C9, 9MM semi-automatic pistol; approximately 38 rounds of F C 9MM LUGER ammunition, and approximately 2 rounds of TULAMMO 9MM LUGER ammunition, in violation of 18 U.S.C. Sec 922(g)(1) and 924(a)(2).

         On June 18, 2019, Magistrate Judge Tuite conducted a bond/detention hearing. (Dkts. 12, 13). Magistrate Judge Tuite granted the Government's request that Defendant Monix be detained.

         Magistrate Judge Tuite noted at the outset that there is probable cause to believe that Defendant Monix has committed an offense under 18 U.S.C. Sec. 924(c) and an offense for which the maximum term of imprisonment often years or more is prescribed in the Controlled Substances Act, 21 U.S.C. Sees. 801, et seq., such that there is a statutory presumption that no condition or combination of conditions will ...


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