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United States v. Correia

United States District Court, D. Massachusetts

April 4, 2013

UNITED STATES OF AMERICA,
v.
JERRY CORREIA, Defendant

For Jerry Correia, Defendant: Debra A. DelVecchio, LEAD ATTORNEY, DelVecchio & Houseman, Salem, MA.

For USA, Plaintiff: Emily O. Cummings, LEAD ATTORNEY, U.S. Attorney's Office - MA, Boston, MA; John A. Wortmann, Jr., LEAD ATTORNEY, United States Attorney's Office, Boston, MA.

OPINION

ROBERT B. COLLINGS, United States Magistrate Judge.

Page 190

MEMORANDUM AND ORDER OF DETENTION PURSUANT TO 18 U.S.C. § 3142(e)

Jerry Correia (" Correia" or " the defendant" ) appeared on March 13, 15 and 18, 2013 with counsel for a detention hearing. He is charged with conspiracy to distribute cocaine base, cocaine, oxycodone and marijuana in violation of 21 U.S.C. § 846. The purpose of a detention hearing is as stated in the statute - i.e., " ...to determine whether any condition or combination of conditions...[of release] will reasonably assure the appearance of the person as required and the safety of any other person and the community..." . Title 18 U.S.C. § 3142(f).

It is important to note that the statute, 18 U.S.C. § 3142(e), contains two presumptions which are applicable to the case at bar. As to the first, the statute provides:

Page 191

(2) In a case described in subsection (f)(1) of this section, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if such judicial officer finds that-
(A) the person has been convicted of a Federal offense that is described in subsection (f)(1) of this section, or of a State or local offense that would have been an offense described in subsection (f)(1) of this section if a circumstance giving rise to Federal jurisdiction had existed;
(B) the offense described in subparagraph (A) was committed while the person was on release pending trial for a Federal, State, or local offense; and
(C) a period of not more than five years has elapsed since the date of conviction, or the release of the person from imprisonment, for the offense described in subparagraph (A), whichever is later.

The instant case is one " ...described in subsection (f)(1)..." of section 3142, specifically subsection (f)(1)(C).

As to the first requirement contained in subsection 3142(e)(2)(A), Correia was convicted in the Suffolk Superior Court on August 22, 2011 of possession of a firearm without an ID card (3 counts) and carrying a firearm with ammunition (2 counts) and received a sentence of 30 days in the House of Correction committed and 2 years probation from and after. [1] Two of these offenses would have been offenses described in 18 U.S.C. ยง ...


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