Wednesday, February 04, 2015

Pretrial Release Order for Non-citizen Drug Defendant Affirmed

U.S. v. Vasquez-Garcia, 2015 WL 170247 (1/14/15) (Kan.) (unpub'd) (slip opinion here) - The 10th affirms an alien meth defendant's release. Mr. Vasquz-Garcia had been a long-time permanent resident until he went to Mexico. Three years later he voluntarily returned to the U.S. after his green card had expired. The 10th refused to reweigh the lower court's flight risk determination, given Mr. Vasquez-Garcia's voluntary return knowing he was under indictment and his taking many steps towards renewal of his green card for which he was eligible. Nor did the 10th feel like reassessing whether Mr. Vasquez-Garcia posed a threat to potential witnesses