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United States v. Delgado

United States District Court, N.D. Iowa, Western Division

December 4, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
KERRI DELGADO, a/k/a Kerri Correia a/k/a Jennifer Lewis, Defendant

For U.S. Probation, Interested Party: usp Notify, LEAD ATTORNEY.

For Kerri Jean Delgado, also known as Kerri Correia also known as Jennifer Lewis, Defendant: Robert Tiefenthaler, LEAD ATTORNEY, Sioux City, IA.

For USA, Plaintiff: Shawn Stephen Wehde, LEAD ATTORNEY, U.S. Attorney's Office, Sioux City, IA.

OPINION

Page 896

ORDER GRANTING MOTION FOR PRETRIAL DETENTION

LEONARD T. STRAND, UNITED STATES MAGISTRATE JUDGE.

INTRODUCTION

This case is before me on a motion by plaintiff (the Government) for pretrial detention. I conducted a detention hearing on November 21, 2013. Assistant United States Attorney Shawn Wehde appeared for the Government. Defendant Kerri Delgado appeared personally and with her attorney, Robert Tiefenthaler. The Government presented testimony from Deputy United States Marshal Brandon Johnson and United States Probation Officer Nathan Vandermolen. The Government also offered two exhibits (a petition to revoke supervised release and a supplemental petition to revoke supervised release), both of which were received into evidence without objection. Defendant did not present testimony but did provide information through counsel by way of proffer. I also considered the information contained in the pretrial services report.

During the hearing, I sua sponte raised the issue of whether the Government is entitled to request pretrial detention under the circumstances of this case. Neither party was fully prepared to address that issue, so I established a deadline of December 2, 2013, for the parties to submit any supplemental arguments or authorities. Neither party did so. As such, the Government's motion is fully submitted.

PROCEDURAL HISTORY

Delgado was convicted in case number 03-4079 (the First Case) of (a) conspiracy to distribute methamphetamine, cocaine and marijuana within a protected location and (b) possession of a firearm during a drug trafficking crime. After serving her sentence she commenced a ten-year term of supervised release (TSR) on January 27, 2013.

On November 13, 2013, the Grand Jury returned an indictment against Delgado in this case (the Second Case), charging her with one count of making false statements in violation of 18 U.S.C. § 1001. On November 19, 2013, the Government filed a petition (Doc. No. 113 in 03-4079) to revoke Delgado's TSR in the First Case. A first supplemental and substituted petition (Doc. No. 118 in 03-4079) was then filed on November 21, 2013. Delgado was arrested and made an initial appearance in both cases on November 19. At that time, the Government announced that it sought to have Delgado detained pending her revocation hearing in the First Case and detained pending trial in the Second Case.

Page 897

On November 21, 2013, I conducted a detention hearing for both cases (along with a preliminary examination on the petition to revoke TSR). With regard to the First Case, I found that Delgado should be detained pending further proceedings pursuant to Federal Rule of Criminal Procedure 32.1(a)(6). As such, she is in custody awaiting a revocation hearing in that case. With regard to the Second Case, I must consider (a) whether the Government has the right to seek pretrial ...


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