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___________________
No. 91-2208
UNITED STATES,
Appellee,
v.
EDGARDO PUBILL RIVERA,
Defendant, Appellant.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Gilberto Gierbolini, U.S. District Judge]
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___________________
Before
Torruella, Circuit Judge,
_____________
Campbell, Senior Circuit Judge,
____________________
and Selya, Circuit Judge.
_____________
___________________
__________________
__________________
from the
Per Curiam.
__________
appeals
decision of
District Court
for the
pending
BACKGROUND
__________
Appellant
persons, on
intent
was
charges of
indicted,
along
conspiring to
to
distribute
it
and
possession
of cocaine
with the
with
with
over
possess cocaine
aiding
intent to
and
25
other
with the
abetting
distribute it.
the
The
trafficking conspiracy.
He
at
the
has
seven
station owned
by
per month
home
father
which
$80,000.
his
Appellant refused
financial assets
friends and
children,
to pretrial
family were
several
his common-law
approximately $2,500
in
hearing was
held on
gas
A detention
eight years.
According
of
whom
he
past
father.
as salary.
lives;
it
to divulge
services.
willing to post
He
was receiving
Appellant
is worth
owns the
approximately
the existence of
other
Appellant stated
eight parcels
that
of real
narcotics
appellant
was
subsequently was
release.
convictions.
sentenced
his
probation.
first
conviction,
However,
probation
Nonetheless,
released on bail
to
Upon
appellant
in all three
averred
that
he
had
been
appeared in
stated
that
laundromat and
that
home in
she,
father lives,
appellant
that appellant
and
their
owns a second
In
appellant's
father
home.
own
She stated
or $9,000
a yearly
$24,000, appellant
income
of only
in
$68,000 speedboat
real
estate
States.
In addition,
drivers' licenses.
and
that
apparently paid
equity
owned assets
three
for in
bank
cash,
accounts.
the Sentencing
be subject to a minimum
Guidelines,
sentence of 25
years.
The magistrate judge
ordered
appellant detained
magnitude of
prior to
trial.
be
Based
on these
factors,
3
considered the
He
was held
a part
magistrate
judge
concluded
that appellant
conditions of
release.
could
In
with the
trusted
addition to
to follow
finding that
any
appellant
faces, along
not be
seriousness of the
unexplained sources
incentive to flee.
The
charges appellant
of income,
provided
U.S.C.
3142(g)
prevented
the
magistrate
judge
from
court's
findings
and
the
parties'
briefs,
we
now
v.
Tortora, 922
F.2d 880,
882-83 (1st
Cir.
_____________
_______
cause
of ten
years or
more is prescribed
in the
Controlled
Substances Act,
United States
_____________
v. Vargas, 804
______
(per curiam).
18
U.S.C.
"it
conditions
person
rebut
will
reasonably
and the
this presumption,
757 F.2d
et. seq.
__ ___
became applicable.
presumed that
as required
in [his]
801
shall be
21 U.S.C.
appellant need
contained in
combination of
appearance
(1st Cir.
1985).
Id. at
__
of the
the community."
only
To
produce "some
the
safety of
Cir. 1986)
no condition or
assure
See
___
is not true
a burden
However,
of
even
assuming
appellant successfully
producing "some
at 383.
the presumption
The burden
rebuts
factor to be
in
Id.
__
relevant factors
by
considered in addition to
3142(g).
it
the other
United States v.
______________
Palmer_______
will
defendant
constitutes a
continue to
danger to the
the community.'"
engage
in
person or
Here,
there
is
narcotics
the
trade
risk
if
that
appellant
released
on
might
bail;
return
to
appellant's
the
past
drug trafficking.
the terms of
Of relevance
then was
revoked.
See,
___
narcotics if released
on bail" based
upon fact
of prior convictions
629 F.
in
drug-related
activities
even
after
government
intervention).
Appellant's evidence
the
risk of danger
did not
established by the
significantly negate
government.
Indeed,
"safety
of community."
number of persons
related
to
question.
no
his
As Congress has
correlation
community.
Rather, the
with
the
ties
and
the
evidence
of
of the
in securing bail
risk
of
flight
of
the safety
of
the
at 3207.
In
undisclosed
addition,
the
evidence
concerning
the
apparent
access
district
flight.
Indeed,
wherewithal
appellant
to
to
large
amounts
cash
supports
appellant presents a
appellant has a
obtain
of
false
the
risk of
apparent
identification.
Finally,
organization;
further,
he is
not just
a "mule."
835 F.2d at
Compare
_______
18 (despite
of
flight
defendants
worked
grounds
where
appeared
organization
to have
for
significant
which
financial
the
seriousness
of
the
charges
the nature
and size of
allegedly
cash
conclusion,
and the
trafficking
fact
that
after three
access to large
he continued
state
drug
to
which he
amounts of
engage in
drug-
convictions provide
as moot.