United States District Court, D. Arizona
REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION
TO DISMISS INDICTMENT
Bernardo P. Velasco United States Magistrate Judge.
9, 2017, Defendant Alonso Severiano Flores Peraza was
arrested for making false statements in a passport
application. The Defendant was indicted [Doc. 10] on July 18,
2018. On September 7, 2018, Defendant filed a Motion to
Dismiss Indictment [Doc. 23]. The Government filed its
Response [Doc. 25] on September 20, 2018, and the Defendant
filed a Reply [Doc. 26] on September 27, 2018.
matter came on for Evidentiary Hearing before the Court on
October 15, 2018. No witnesses were called. The evidence
The Court's Order releasing the Defendant on
Defendant's Exhibit 1: E-mail.
Plaintiff's Exhibit 1: Immigration Court Order dated
August 1, 2018. Plaintiff's Exhibit 2: ASR dated August
Exhibit 3: Immigration Court Order dated August 23, 2018.
Plaintiff's Exhibit 4: Immigration Bond dated August 27,
Court, having considered the briefing, arguments, and
evidence presented, recommends that the District Judge, after
his independent review and consideration, enter an order
DENYING Defendant's Motion to Dismiss
Indictment [Doc. 23].
Alonso Severiano Flores Peraza was ordered released with
conditions by a U.S. Magistrate Judge on June 29, 2018. The
Defendant was thereafter released into the custody of
Immigration and Customs Enforcement (ICE).
August 1, 2018, while in ICE custody, the Immigration Court
held the Defendant subject to a $10, 000.00 bond. The
Defendant was scheduled for arraignment on August 3, 2018,
before the U.S. District Court. The Defendant was not present
at his arraignment on August 3, 2018, because he was in ICE
arraignment was reset for August 17, 2018. After a conference
between defense counsel and the prosecutor, the arraignment
was accelerated to August 10, 2018. In order to effectuate
the arraignment, the Government submitted an Attorney Special
Request (ASR) for the Defendant's transfer into the
temporary custody of the U.S. Marshal's Service (USMS) to
conduct the arraignment.
Defendant appeared before the Immigration Court on August 9,
2018, and denied the allegations of the Removal Petition. He
was then transferred into USMS custody for his arraignment on
August 10, 2018. At the arraignment, the Defendant raised no
objection to his custodial appearance. The Court's docket
lists him as released, but in ICE custody. After the
arraignment, the USMS returned the Defendant into ICE custody
on August 13, 2018.
August 13, 2018, the Defendant filed a Motion to return the
Defendant into ICE custody. The Motion was denied as moot.
August 27, 2018, the Immigration Court set an $8, 500.00
bond, which the Defendant posted, and was released from all
governmental confinement. The Defendant was present and out
of custody at the Motion hearing that is the subject of this
Report and Recommendation.
Defendant has not at any time asserted his right to a speedy
trial. The Defendant has not alleged that the Government has
obtained any evidence prejudicial to his defense during his
detention by ICE or the USMS since the Release Order of June
29, 2018. Further, the U.S. Attorney has advised the Court
and defense counsel that the Government will not ...