FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 26, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 18-2184 (D.C. No. 1:18-MJ-00201-JB-1) JAVIER HECTOR PLATA (D. N.M.) HERNANDEZ, a/k/a Javier Plata, Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before BRISCOE, O’BRIEN, and HOLMES, Circuit Judges. _________________________________ Javier Hector Plata Hernandez appeals from the district court’s decision denying his Motion to Revoke or Amend Order Denying Motion to Modify Conditions of Release (“Motion to Revoke”). The district court upheld the magistrate judge’s decision denying Mr. Plata Hernandez’s motion to modify his conditions of release to permit him to be released to the custody of his mother. * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Exercising jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3145(c), we affirm. I. Background In January 2018, Mr. Plata Hernandez was arrested and charged with violating 18 U.S.C. § 1326 for re-entering the United States after having been previously removed. After a detention hearing, the magistrate judge determined that Mr. Plata Hernandez was a flight risk based on his “criminal history, the violent conduct . . . back in 2007, the prior failures to appear in court, the use of aliases and the fact that he is facing incarceration if he’s convicted.” Aplt. App. at 94. The magistrate judge concluded, however, that pre-trial release to the custody of La Pasada Halfway House would adequately mitigate the risk of flight. Mr. Plata Hernandez did not seek review of the magistrate judge’s detention decision. In August 2018, Mr. Plata Hernandez filed a Motion to Modify Conditions of Release, requesting to be released to the third-party custody of his mother, Margarita Plata. The government objected to the motion. At the hearing on the motion, Mr. Plata Hernandez argued that his conditions of release should be modified because he now had a third-party custodian who Pretrial Services agreed would be suitable. He also argued that he had been fully compliant with all of the conditions of his release while he had been at La Pasada. The government responded that Mr. Plata Hernandez had a “concerning criminal history that includes acts of violence and violence against household members” and so it did not believe that “him being under the supervision of a household member is 2 the appropriate result in this case.” Id. at 102. The government further argued that Mr. Plata Hernandez posed a danger to the community because ...
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