USA v. Alvarez-Barrera et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Torrey Flying Horse, 	) 	Case No. 1:17-cr-132
)
Defendant. 	)
Defendant is charged in a Superseding Indictment with two offenses: (1) conspiracy to
distribute and possess with intent to distribute 500 grams or more of a mixture and substance
containing detectable amounts of methamphetamine; and (2) possession with intent to distribute 50
grams or more of a mixture and substance containing a detectable amount of methamphetamine.
The court held a detention hearing for defendant on July 17, 2017. 	Concluding that the
Government had proven by a preponderance of evidence that Defendant was a flight risk and by
clear and convincing evidence that Defendant posed a danger to the community, the court ordered
Defendant detained pending trial. 	In reaching this decision, the court took particular note of
Defendant’s criminal history, history of noncompliance with court orders, pending State and Tribal
charges, and the nature of the offenses charged in this case.
On April 18, 2018, Defendant filed a “Motion to Amend Order of Detention Pending Trial
and Request for Hearing.” He requests to be release pending trial, which is currently scheduled to
commence on August 6, 2018.
The court appreciates that Defendant has been in custody since first appearing before this
court in July 2017. Nevertheless the court is not inclined to revisit the issue of his custodial status
1
Case 1:17-cr-00132-DMT Document 181 Filed 05/21/18 Page 1 of 2

at this time as he was previously afforded a detention hearing and there is nothing in the record to
suggest that there has since been a material change in circumstances. Defendant’s motion to amend
the order of detention (Doc. No. 168) and request for a detention hearing (Doc. No. 170) are
DENIED.
IT IS SO ORDERED.
Dated this 21st day of May, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
2
Case 1:17-cr-00132-DMT Document 181 Filed 05/21/18 Page 2 of 2