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ELIZABETH A. STRANGE

First Assistant United States Attorney District of Arizona

D.J. PASHAYAN 

Ohio Bar No. 0071260

Assistant United States Attorney

Two Renaissance Square

40 North Central Avenue, Suite 1200

Phoenix, Arizona 85004-4408

Telephone: (602) 514-7500

Email: Don.Pashayan@usdoj.gov

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff, 

vs. 

Luis Macias,

 Defendant.

CR-17-01110-2-PHX-DLR

UNITED STATES’ MEMORANDUM IN 

SUPPORT OF DEFENDANT’S 

DETENTION PENDING TRIAL

The United States of America, by and through the undersigned counsel, hereby 

respectfully submits this memorandum and asks that the Court detain the defendant as a 

danger to the community pursuant to Title 18, United States Code, Sections 3142(e)(3)(A) 

and (f)(1)(C). 

1. The current charge and the rebuttable presumption in favor of detention

In Count One of the First Superseding Indictment, the Grand Jury charged the 

defendant with conspiracy to distribute oxycodone, fentanyl, cocaine, and alprazolam 

(Xanax) between the fall of 2015 through August of 2017. See First Superseding 

Indictment. As to Count One, the defendant faces up to 20 years’ imprisonment. See 21 

U.S.C. Sections 846, 841(a)(1) and (b)(1)(C).

Some of the fentanyl distributed during the time period of the conspiracy resulted 

in the death of “P.L.” See Count Four of the First Superseding Indictment. While the 

defendant is not charged in this homicide or overdose count, the defendant is nevertheless 
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charged in Counts 6 and 7 of the First Superseding Indictment discussing the effects and 

the distribution of fentanyl with his mother, co-defendant Madrigal Lopez, after this death 

occurred. See Id.

So, as a result of the Controlled Substance Act offence charged in Count One, the 

rebuttable presumption in favor of detention applies in this case. See Title 18, United States 

Code, Section 3142(e)(3)(A). 

2. Section 3142(g) factors favor detention: nature of the case, weight of the 

evidence, and danger to the community

As mentioned above, this case involves the distribution of fentanyl, oxycodone, 

cocaine, and alprazolam, over an extended period of time, which caused the death of PL

on November 16, 2016. 

In sum, co-defendant Madrigal-Lopez is the mother of the remaining defendants in 

this case. She was the primary distributor of these drugs to numerous customers in the 

Phoenix area. Her children, to include the defendant, helped distribute these drugs and 

funneled drug monies back to her.

On August 18, 2017, co-defendant Madrigal-Lopez was arrested at her residence in 

Peoria, Arizona. Fentanyl, cocaine, oxycodone, and alprazolam were seized from her 

bedroom and her vehicle. Her cellular telephones were also seized.

A forensic analysis was then done on her phones. Thereafter, the defendant was 

identified as one of her co-conspirators who distributed drugs with and for her. For 

example, in text messages between the defendant and Madrigal-Lopez on July 26 - 27, 

2017, the two of them discussed distributing fentanyl:

1

 

7/26/2017--10:15 a.m. 

(Madrigal-Lopez forwarded a message she received from a customer listed as 

“Andy [PL]” who was using telephone number 602-980-2241).

 

1 Of note, these text messages occurred after PL overdosed on fentanyl sold by Madrigal-Lopez.
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Madrigal-Lopez to defendant: I only did like 1/4 of it and it hit me really hard but 

without the good feeling and then I got nauseous. I read that people are making fake 

pills with Fentanyl which is a lot stronger. I don't know if that's what's in those but 

I would be careful with them

7/26/2017--10:15 a.m.

Madrigal-Lopez to defendant: This is what the guy from the Honda told me

7/26/2017--11:01 a.m.

Defendant to Madrigal-Lopez: Fuck

7/26/2017--11:01 a.m.

Defendant to Madrigal-Lopez: So then no? 

7/26/2017--11:12 a.m.

Madrigal-Lopez to Defendant: Well I’m going to give Cotty 1 today and I’ll see 

what he says, but I can sell them, just too slow.

7/26/2017--11:56 a.m.

Defendant to Madrigal-Lopez: Too slow? 

7/26/2017--11:56 a.m.

Defendant to Madrigal-Lopez: hmmmm. Ok we’ll see. 

7/26/2017--12:00 p.m.

Madrigal-Lopez to Defendant: yeah, sell them little by little

7/27/2017--11:32 a.m.

Madrigal-Lopez to Defendant: Cotty already told me they aren’t any good he didn’t 

like them. 

7/27/2017--11:33 a.m.

Defendant to Madrigal-Lopez: For reals? 

7/27/2017--11:34 a.m.

Madrigal-Lopez to Defendant: Yes

7/27/2017--11:35 a.m.

Madrigal-Lopez to Defendant: So if you want to tell the guy See What he tells you 

if no Then oh well
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7/27/2017--11:35 a.m.

Defendant to Madrigal-Lopez: Of what. If he will give [you]the money?

7/27/2017--11:36 a.m.

Madrigal-Lopez to Defendant: Yeah what is your view?

Madrigal-Lopez to Defendant: I say [he] is not going to want to

7/27/2017--11:36 a.m.

Defendant to Madrigal-Lopez: We’ll see

7/27/2017--11:36 a.m.

Madrigal-Lopez to Defendant: Ok

7/27/2017--11:38 a.m.

Defendant to Madrigal-Lopez: And if not I will try to sell

Defendant to Madrigal-Lopez: Let’s see and you gave [him] 1300?

7/27/2017--11:42 a.m.

Madrigal-Lopez to Defendant: 1500

Consequently, these text messages indicate that Madrigal-Lopez and the defendant 

both knew that some of their pills contained fentanyl. These text messages also indicate 

that the defendant was going to attempt to contact the source for these pills and try to obtain 

a refund for them. If the defendant was not able to obtain such a refund, the defendant told 

Madrigal-Lopez that, “I will try to sell” them anyways.

In addition to forensic evidence like this, different customers were identified and 

were interviewed. They described Madrigal-Lopez as a source of supply for their drugs 

and that her children, to include the defendant, delivered drugs to them and funneled drug 

monies back to her.

Despite Madrigal-Lopez’s arrest, the defendant maintained contact with some of 

their drug customers, attempted to collect drug debts from them, and even discussed 

delivering cocaine. See Attachment A, September 16, 2017, text message from the 

defendant to one of these customers.

In light of this information, on November 14, 2017, DEA executed a search warrant 
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at the defendant’s residence and seized a telephone from him. Of note, the telephone that 

DEA seized was the same one that the defendant utilized in the text messages mentioned 

above with both Madrigal-Lopez about fentanyl and the customer about his drug debt. 

When DEA made contact with the defendant, DEA found a .308 caliber assault-style rifle 

with a fully loaded magazine behind the driver’s seat of the defendant’s vehicle.

2

 

At this time, DEA attempted to interview the defendant. After the interview 

concluded, the defendant admitted that he lied and “didn’t tell [DEA] everything...” about 

the drug activities under investigation. In addition, when DEA requested that the defendant 

provide DEA with the password for this telephone, the defendant told DEA, “[f]------ figure 

it out.” 

On December 12, 2017, the defendant was arrested on the charges in this case. At 

this time, DEA again found the same assault-style rifle directly behind the driver’s seat of 

his vehicle and seized it. See Attachment B, photographs of the defendant’s assault rifle. 

There were two rounds of ammunition found in the magazine at this time.

3. Conclusion

For the reasons set forth above, the defendant should be detained. While as 

mentioned above, the defendant does have some apparent strong ties to this community, 

the overall conduct in this case and weight of the evidence dictates that the defendant is 

simply a danger to the community.

First of all, the current charge is for a serious drug offense and the rebuttable 

presumption in favor of detention applies. This case involves the defendant distributing 

 

2 DEA did not seize this rifle at this time because the defendant stated he was a U.S. 

citizen. Consequently, he did not appear to be a prohibited possessor at this time. Incidentally, there seems to be some conflicting information about his citizenship in the 

Pretrial Services Report. 

On December 12, 2017, DEA seized this rifle at the time of the defendant’s arrest. The reason for this seizure was because DEA recently learned, as set forth in Attachment 

A, that the defendant has been attempting to collect drug debts from customers. It therefore 

appears that the defendant had access to or was armed with this rifle in his vehicle while 

he was attempting to collect drug debts in this case. 
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oxycodone, fentanyl, cocaine, and alprazolam over an extended period of time. These 

overall activities caused the death of PL. This case also involves the defendant knowing 

that some of the drugs distributed contained fentanyl, a powerful and deadly opioid. 

Apparently, from the text message above, the defendant knew who was the source of these 

drugs and was determined to try and sell them if he was unable to get a refund for them. 

Second, the weight of the evidence is strong and includes text messages, witness 

information, drug seizures and telephone seizures. As mentioned above, some of these text 

messages indicate that the defendant knew he was distributing fentanyl well after PL 

overdosed. The evidence also includes the seizure of a high-powered assault rifle and text 

messages relative to his recent efforts to obtain drug debts for Madrigal-Lopez. It also 

includes his admission that he lied to DEA and didn’t tell them “everything” as well as 

telling DEA to “[f]------ figure it out,” when asked for his telephone passcode. 

As a result, the United States would request that the defendant be detained in this 

case as a danger to the community.

Respectfully submitted this 14th day of December, 2017.

ELIZABETH A. STRANGE

First Assistant United States Attorney

District of Arizona

 /s/ D. J. Pashayan 

D. J. PASHAYAN

Assistant U.S. Attorney
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CERTIFICATE OF SERVICE

I hereby certify that on December 14, 2017, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing documents, and sent 

the attached document to the following CM/ECF registrant(s):

Denise Aguilar, Esq. Counsel for Defendant

 s/D.J. Pashayan _ U.S. Attorney’s Office