United States v. Ernesto Santos-Flores

ORDER

Defendant Ernesto Santos-Flores appeals the district court’s order of detention pending trial. We have jurisdiction pursuant to 18 U.S.C. § 3145 (c) and 28 U.S.C. § 1291 . We hold that the district court erred in ordering pretrial detention based on the likelihood that, if released pending trial, Santos-Flores would be placed in immigration detention and removed from the United States, precluding his appearance for trial. We affirm the district court’s detention order, however, based on the district court’s alternative, individualized analysis of factors that make Santos-Flores a voluntary flight risk.

Santos-Flores, a native and citizen of Mexico, is charged with one count of felony illegal reentry of a removed alien in violation of 8 U.S.C. § 1326 (a), as enhanced by § 1326(b)(1). The government alleges that Santos-Flores was previously convicted of felony illegal reentry on November 19, 2014 in the United States District Court for the Western District of Texas, and sentenced to a term of time served plus one year of supervised release. The conditions of supervised release included not entering the United States without documentation and not committing any other crimes.…