United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH, UNITED STATES DISTRICT JUDGE
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
Dkt. 24 Response
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.
Government opposes Defendant Monix' Motion, and requests
that the Court deny Defendant's Motion in all respects,
and adopt the Order of Detention.
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.
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).
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.
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 ...