UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-MJ-03441-MCALILEY 

UNITED STATES OF AMERICA,

Plaintiff, 

v. 

JERRY FAMANIA ROCHE, 

Defendant.

__________________________________/

DETENTION ORDER

THIS CAUSE came before the Court for a probable cause and pretrial detention 

hearing on August 30, 2022, pursuant to the Bail Reform Act, 18 U.S.C. §§ 3142(f), to 

determine whether Defendant, Jerry Famania Roche (“Mr. Roche” or “Defendant”), should 

be detained pending trial. The United States requested Defendant be detained based upon risk 

of flight and danger to the community. 

THIS COURT has considered the factors enumerated in 18 U.S.C. §§ 3142(g), heard 

from the parties, their counsel, and witness(es), at the August 30, 2022, hearing, and is 

otherwise fully advised in the premises. For the reasons that follow, this Court finds that no 

condition or combination of conditions will reasonably assure Defendant’s appearance at trial 

or the safety of the community at this time, and, therefore, that Defendant shall be detained 

prior to trial and until the conclusion thereof. 

In accordance with the provisions of 18 U.S.C. § 3142(i), the Court hereby makes the 

following findings of fact and statement of reasons for the detention: 

Case 1:22-mj-03441-CMM Document 12 Entered on FLSD Docket 09/01/2022 Page 1 of 5
2

I. FINDINGS OF FACT

A. Nature And Circumstances Of The Offense

Defendant is charged via complaint with conspiracy to possess with intent to distribute 

a controlled substance, in violation of 21 U.S.C. § 846, and attempted possession with intent 

to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1). If convicted, he faces 

a minimum term of ten years in prison. Based on the nature of the charges, there is a rebuttable 

presumption that no condition or combination of conditions will reasonably assure the 

appearance of Defendant and the safety of the community. 18 U.S.C. § 3142(e)(3)(A).

B. Weight Of The Evidence

The weight of the evidence against Defendant is substantial. Through its proffer at the 

detention hearing, the Criminal Complaint, and cross-examination of Special Agent Manuel 

Fajin, the United States established probable cause to find Defendant committed the charged 

offenses.

The evidence shows that on August 22, 2022, agents retrieved a net from the outside 

hull of a vessel anchored off the coast of Miami after traveling from the Dominican Republic. 

Inside this net were several brick-shaped packages containing in total approximately 11.5 

kilograms of a white powdery substance which field-tested positive for cocaine. Agents placed 

sham narcotics and a tracking device in this net and reattached it to the hull of the vessel 

underwater. At approximately 1:00 AM on August 24, 2022, agents observed a person in the 

water near the hull of the vessel with a flashlight. Shortly thereafter, the tracking device 

activated indicating that it had been brought above the waterline. 

The agents followed the tracking device to the parking lot of a hotel located in the 

Southern District of Florida. In that parking lot, the agents observed four men, including 

Case 1:22-mj-03441-CMM Document 12 Entered on FLSD Docket 09/01/2022 Page 2 of 5
3

Defendant, interacting with the sham narcotics immediately next to a white van. The men 

appeared to know each other. When agents approached, the men threw the sham narcotics 

over a fence into a nearby lake, and three of the men, including the Defendant, left the area 

of the van and walked toward a nearby hotel. Agents detained the men, including the 

Defendant, and searched the area. They found the net, package wrappers, and diving gear in 

the back of the white van. One of the men was wearing additional diving gear when detained. 

Agents retrieved most of the sham narcotics from the lake.

C. History And Characteristics Of The Defendant

Defendant was born in Puerto Rico in 1981. During an interview with pretrial services, 

Defendant disclosed that he joined the Ñeta gang from Puerto Rico in 1997 and has a gang 

tattoo on the back of his neck. His parents live together in Puerto Rico. Defendant moved to 

New Jersey on a full-time basis in 2016. He has three adult children with his estranged wife 

who live in the United States. Defendant lives in New Jersey with his girlfriend, their eightyear-old daughter, and his girlfriend’s twelve-year-old daughter, although he indicated he is 

in the process of moving to Orlando, Florida. Defendant has a U.S. passport.

Defendant has been working at Eurotech Elevator in Elizabeth, New Jersey. He 

reports no mental health issues. He does smoke marijuana daily and used cocaine socially 

until 2017.

Defendant has a prior conviction for conspiracy to distribute at least two kilograms 

but less than 3.5 kilograms of cocaine in Puerto Rico, case number 05-429-49-

FUESTE(D/PR). He served approximately seven years in prison for this conviction before 

being released on supervised release in 2014. Defendant reportedly violated supervision twice, 

but the disposition of those violations is unknown. A criminal history check revealed a stateCase 1:22-mj-03441-CMM Document 12 Entered on FLSD Docket 09/01/2022 Page 3 of 5
4

level charge for conjugal abuse in 2016 and simple assault/domestic violence in 2021, but the 

disposition of those charges is unknown.

II. REASONS FOR DETENTION

When the United States seeks to detain a criminal defendant pending trial based on 

his status as a flight risk, it must prove by a preponderance of the evidence that no condition 

or set of conditions will reasonably assure his presence at trial. United States v. Medina, 775 

F.2d 1398, 1402 (11th Cir. 1985). By contrast, where the United States seeks to detain a 

defendant based on his potential danger to the community, it must show by clear and 

convincing evidence that no condition or combination of conditions will reasonably assure 

the safety of the community. Id. Because of the specific charges faced by Defendant, there is 

a rebuttable presumption that no condition or combination of conditions will reasonably 

assure the appearance of Defendant and the safety of the community. 18 U.S.C. § 3142(e)(3).

In light of the nature and circumstances of the charges against Defendant, the 

significant prison time he faces if convicted, the weight of the evidence against him, his prior 

history and gang affiliation, the information contained in the Complaint, and the evidence 

presented at the August 30 detention hearing, the Court finds that the United States has 

demonstrated by clear and convincing evidence that no condition or set of conditions would 

reasonably assure Defendant’s appearance or the safety of the community at this time. 

Accordingly, Defendant must be detained pending trial in this matter.

Given that several questions about Defendant’s history remain—including important 

questions relating to his prior violations of supervised release, interactions with the criminal 

justice system, and where he would live if released—this decision is open to revision upon 

receipt of additional information relating to the above factors.

Case 1:22-mj-03441-CMM Document 12 Entered on FLSD Docket 09/01/2022 Page 4 of 5
5 

III. CONCLUSION

For the reasons stated above, it is hereby 

ORDERED that Defendant is committed to the custody of the Attorney General or a 

designated representative for confinement in a corrections facility separate, to the extent 

practicable, from persons awaiting or serving sentences or held in custody pending appeal, 

Defendant must be afforded a reasonable opportunity to consult privately with defense 

counsel. On order of a court of the United States or on request of an attorney for the United 

States, the person in charge of the corrections facility must deliver Defendant to the United 

States Marshal for the purpose of court appearances. 

DONE AND ORDERED at Miami, Florida, this 1st day of September 2022. 

 ______________________________ _ 

 MELISSA DAMIAN

UNITED STATES MAGISTRATE JUDGE

Case 1:22-mj-03441-CMM Document 12 Entered on FLSD Docket 09/01/2022 Page 5 of 5