UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Criminal Action No. 20-40 (BAH) MARVIN ANTONIO SAGASTUME- GALICIA, Chief Judge Beryl A. Howell Defendant. MEMORANDUM OPINION AND ORDER Pending before the Court is the government’s motion for review of a Magistrate Judge’s order releasing the defendant, Marvin Antonio Sagastume-Galicia, who has been charged with one count of reentry of an alien removed from the United States following conviction for three or more misdemeanors involving violence against persons, in violation of 8 U.S.C. § 1326(a), (b)(1). Crim. Compl. at 1, ECF No. 1.1 Based on the parties’ briefing and evidence proffered at a hearing held telephonically on April 21, 2020, the government’s motion for review was granted, and the Magistrate Judge’s order releasing the defendant was reversed.2 This memorandum opinion sets out the findings and reasons for this Court’s determination that the defendant must be detained pending trial. See 18 U.S.C. § 3142(i)(1) (requiring that a detention order “include written findings of fact and a written statement of the reasons for the detention”); United States v. Nwokoro, 651 F.3d 108, 112 (D.C. Cir. 2011) (remanding to the district court for a preparation of “findings of fact and a statement of reasons 1 The criminal complaint charging defendant and the warrant for his arrest incorrectly list the defendant’s name as Marvin Antonio Sagastume-Garcia. The government has clarified that defendant’s surname is in fact Sagastume-Galicia. Gov’t Mem. Supp. Pre-Trial Detention at 1 n.2, ECF No. 4. 2 The Chief Judge is empowered to hear “[r]equests for review of an order by a magistrate judge in a criminal matter not assigned to a district judge.” LCrR 59.3. 1 in support of [defendant’s] pretrial detention” when a transcription of the detention hearing was insufficient). I. BACKGROUND On November 21, 2019, the government filed a one-count criminal complaint against defendant, charging him with illegally reentering the United States following conviction for three or more misdemeanors involving violence against persons, in violation of 8 U.S.C. § 1326(a) and (b)(1). An arrest warrant was issued the following day by a Magistrate Judge. Arrest Warrant, ECF No. 3. Following defendant’s arrest on April 16, 2020, he made his initial appearance in this Court the next day, on Friday, April 17, 2020. Min. Entry (Apr. 17, 2020). During that appearance, the government made an oral motion for a detention hearing pursuant to 18 U.S.C. § 3142(f)(2)(A). Gov’t Supp. Mem. in Support of Pretrial Detention (“Gov’t Supp. Mem.”) at 2, ECF No. 6. That motion was denied when the Magistrate Judge found the government had not met its threshold burden of showing that defendant was a serious flight risk. Id. Consequently, the Magistrate Judge released defendant on personal recognizance subject to certain standard conditions of release. Rough Transcript of Hearing Before Magistrate Judge (Apr. 17, 2020) (“MJ Hr’g Tr. (Rough)”) at 17. The government promptly moved to stay and appeal the Magistrate Judge’s order by e- mail with the Court’s leave. Gov’t Supp. Mem., Ex. A ...
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