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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA, )

) NO. CR05-391RSM

Plaintiff, )

) ORDER DENYING

v. ) DEFENDANT’S MOTION

) TO REVOKE ORDER OF 

CARLOS MIGUEL WATSON, ) DETENTION

)

Defendant. )

_________________________________)

THIS MATTER having come before the Court upon a motion by the Defendant to

Revoke the Order of Detention, and based upon that motion, the audio record of the

hearing before the Magistrate Judge, the affidavits submitted, the exhibits submitted, the

Magistrate Judge’s Order of Detention, and the entirety of the records and files herein,

the Court FINDS and RULES as follows:

1. The defendant has been charged by Indictment with being part of a

conspiracy to distribute various drugs, including cocaine, cocaine base, marijuana and

oxycodone over a 5 year period, in violation of title 21, United States Code. 

2. There is probable cause to believe that the defendant has committed the drug

offense. The maximum penalty is a mandatory minimum of ten years imprisonment and

up to life imprisonment, if convicted. Therefore, there is a rebuttable presumption against

the defendant’s release based upon both dangerousness and risk of flight.

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3. The Magistrate Judge found that nothing in the record presented at the

hearing satisfactorily rebutted the presumption against release. As stated in the order of

detention dated November 23, 2005, “The Court is concerned with the danger the

defendant poses to the community. Although the defendant has a concealed weapons

permit, the Court is troubled by the number and nature of the assault weapons in light of

the great quantities of narcotics involved in this offense, both of which further underscore

the defendant’s risk of danger. Moreover, the defendant has photographs in his home

which show an affinity for the 74 Hoover Crip members, regardless of whether he is a

member.”

4. At the time of arrest, the defendant was engaged in attempting to destroy

evidence by flushing two large bags that contained cocaine down the toilet. More than

half a kilogram of cocaine was recovered in addition to approximately $10,000 in cash. 

5. A search of the defendant’s residence revealed several firearms including

multiple assault rifles of the sort typically used by drug dealers. Many of these weapons

were loaded and ready and scattered around the house and garage in various locations

thereby maximizing their accessibility.

6. As described by the Magistrate Judge, there were also various photographs of

the defendant surrounded by individuals that appear to be “flashing” gang signs. 

Obviously the defendant associates with gang members regardless of whether or not he

himself is a member of a gang.

7. The evidence at this point in time, supports an inference that the defendant is

involved in a large-scale drug conspiracy involving trafficking in kilogram quantities and

that he uses multiple firearms maintained in a condition where they can be readily used as

part of his criminal activity.

8. Based upon a review of the evidence before the Magistrate Judge, as well as

the evidence subsequently presented to this Court, the Magistrate Judge’s finding that

nothing in the record satisfactorily rebutted the presumption against the defendants

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release was not error and her decision is affirmed.

DATED this 4th day of January, 2006.

A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

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