United States v. Rodriguez

Criminal Practice

New York Law Journal


Magistrate Judge Hugh Scott

Counting state and federal charges, Rodriguez has been in custody since October 2009. A 2010 detention order found him a flight risk and danger to the community. His drug charges were transferred to federal court via criminal complaint; filed as a separate indictment; incorporated into a second superseding indictment, making him part of an alleged racketeering enterprise and conspiracy; and carried over to superseding indictments, adding a gun charge and overt acts related to the racketeering conspiracy. Seeking release on bail, Rodriguez argued that after 38 months, five indictments and numerous reschedulings, the government has not completed discovery and he will not see trial "anytime in the near future." Thus, his continued detention violates due process. Review of the due process factors in U.S. v. Milan showed a factor—pretrial detention's 38-month duration—"so overwhelmingly" in Rodriguez's favor that "it is without precedent in Second Circuit." Noting that trial almost certainly will not occur in 2013, Rodriguez will have spent at least 50 months in some sort of pretrial custody. Despite a substantive basis for continued detention, Rodriguez was ordered released on $100,000 bond and home confinement.

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