United States v. Gonzolo Gonzales

ORDER

Gonzolo Gonzales’ emergency motion for bond pending trial is denied. On March 18, 1988, after an evidentiary hearing, a magistrate in the Central District of California ordered Gonzales detained pending trial on the grounds that his release would pose danger to the community and that he was a flight risk. On March 21, 1988, Gonzales was taken to the Western District of Washington. On April 19, 1988, Gonzales was arraigned on an indictment returned in the Western District of Washington. On that date, a magistrate ordered that he be detained pursuant to 18 U.S.C. § 3145 (b) because he was a danger to the community and a flight risk. On May 19, 1988, Gonzales appealed the detention order to the district court for the Western District of Washington.

The motion was scheduled for hearing on May 27, 1988. Section 3145(b) requires that a motion for the revocation of a detention order “shall be determined promptly.” Through inadvertence, however, the hearing on the motion for revocation was not conducted until June 24, 1988. The motion was denied. Eleven days later, on July 5, 1988, Gonzales filed an appeal to this court. Eight days later, on July 13,1988, Gonzales filed an…

dissenting.

Under circumstances very similar to those presented by Appellant Gonzales, our circuit decided in United States v. Fernandez-Alfonso, 813 F.2d 1571 (9th Cir.1987), that the Bail Act provisions in 18 U.S.C. § 3145 (b) impose a strict requirement that a motion for review of an order entered by a Magistrate imposing Pre-Trial detention “shall be determined promptly,” and that that section means what it says. We held in that case that the failure of a district court to comply with the promptness feature mandates corrective action by us. Such is the case before us now. The district court has not “determined promptly” Gonzales’ motion for review; in fact the court seemed unaware of any necessity for prompt action or of the teaching of Fernandez-Alfonso and, accordingly, paid no attention to that decision. Properly, we have a duty to salvage what we can of the principle that the review of a detention order is a matter that must be acted upon with expedition.

Gonzales was arrested in the Central District of California on March 11, 1988, on a complaint issued out of the Western District of Washington charging him with conspiracy to distribute cocaine. He appeared before a…

852 F.2d 1214 UNITED STATES of America, Plaintiff-Appellee, v. Gonzolo GONZALES, Defendant-Appellant. No. 88-3149. United States Court of Appeals, Ninth Circuit. July 28, 1988. Before ALARCON, POOLE, and O'SCANNLAIN, Circuit Judges. ORDER 1 Gonzolo Gonzales' emergency motion for bond pending trial is denied. On March 18, 1988, after an evidentiary hearing, a magistrate in the Central District of California ordered Gonzales detained pending trial on the grounds that his release would pose danger to the community and that he was a flight risk. On March 21, 1988, Gonzales was taken to the Western District of Washington. On April 19, 1988, Gonzales was arraigned on an indictment returned in the Western District of Washington. On that date, a magistrate ordered that he be detained pursuant to 18 U.S.C. Sec. 3145 (b) because he was a danger to the community and a flight risk. On May 19, 1988, Gonzales appealed the detention order to the district court for the Western District of Washington. 2 The motion was scheduled for hearing on May 27, 1988. Section 3145(b) requires that a motion for the revocation of a detention order "shall be determined promptly." Through inadvertence, however,…