WO 

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA 

 United States of America 

 v. 

 Marco Antonio Felix-Coronado 

ORDER OF DETENTION PENDING TRIAL

Case Number: 15-6552MJ 

In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I conclude that the 

following facts are established:(Check one or both, as applicable.) 

☐ by clear and convincing evidence the defendant is a danger to the community and require the detention of 

the defendant pending trial in this case. 

☒ by a preponderance of the evidence the defendant is a serious flight risk and require the detention of the 

defendant pending trial in this case. 

PART I -- FINDINGS OF FACT 

☐ (1) The defendant has been convicted of a federal offense (or a state or local offense that would have 

been a federal offense if a circumstance giving rise to federal jurisdiction had existed) that is: 

 

☐ an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 

 U.S.C. §§ 801 et seq., 951 et seq, 951 et seq, 955a (Section 1 of Act of Sept. 15 1980), or 46 

 U.S.C. App. § 1901 et seq. 

☐ an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332(b). 

☐ an offense listed in 18 U.S.C. § 3156(a)(4) (defined as crime of violence) or 18 U.S.C. 

 § 2332b(g)(5)(B) (Federal crimes of terrorism) for which the maximum term of imprisonment of 

 ten years or more is prescribed. 

☐ an offense for which the maximum sentence is life imprisonment or death. 

☐ a felony that was committed after the defendant had been convicted of two or more prior federal 

 offenses described in 18 U.S.C. § 3142(f)(1)(A)-(C), or comparable state or local offenses. 

☐ an offense involving a minor victim prescribed in .1

 

☐ any felony that is not a crime of violence but involves: 

☐ a minor victim 

☐ the possession of use of a firearm or destructive device or any other dangerous weapon 

☐ a failure to register under 18 U.S.C. § 2250 

 

 1

 Insert as applicable: Title 18, § 1201 (kidnapping), § 1591 (sex trafficking), § 2241 (aggravated sexual abuse), § 2242 (sexual abuse), § 2244(a)(1) (certain abusive sexual 

content) § 2245 (offenses resulting in death), § 2251 (sexual exploitation of children), § 2251A (selling or buying of children), § 2252 et seq. (certain activities relating to 

material involving sexual exploitation of minors), § 2252A et seq. (certain activities relating to material constituting or containing child pornography), § 2260 (production of 

sexually explicit depictions of minors for importation into the U.S.), § 2421 (transportation for prostitution or a criminal sexual activity offense), § 2422 (coercion or 

enticement for a criminal sexual activity), § 2423 (transportation of minors with intent to engage in criminal sexual activity), § 2425 (use of interstate facilities to transmit 

information about a minor). 

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☐ (2) The offense described in finding (1) was committed while the defendant was on release pending 

trial for a federal, state or local offense. 

☐ (3) A period of not more than five years has elapsed since the date of conviction or release of the 

defendant from imprisonment for the offense described in finding (1). 

☐ (4) The defendant has not rebutted the presumption established by the above Findings of Fact that no 

conditions or combination of conditions will reasonably assure the appearance of the defendant as 

required and the safety of the community. 

ALTERNATIVE FINDINGS 

☒ (1) There is a serious risk that the defendant will flee; no condition or combination of conditions will 

 reasonably assure the appearance of the defendant as required. 

☐ (2) No condition or combination of conditions will reasonably assure the safety of others and the 

community. 

☐ (3) There is a serious risk that the defendant will (obstruct or attempt to obstruct justice) (threaten, 

 injure, or intimidate a prospective witness or juror). 

☐ (4) . 

PART II -- WRITTEN STATEMENT OF REASONS FOR DETENTION

(Check one or both, as applicable.)

☐ (1) I find that the credible testimony and information submitted at the hearing establishes by clear and 

 convincing evidence as to danger that: 

 

 . 

☒ (2) I find by a preponderance of the evidence as to risk of flight that: 

☒ The defendant is not a citizen of the United States. 

☒ The defendant, at the time of the charged offense, was in the United States illegally. 

☒ The defendant has no significant contacts in the United States or in the District of Arizona. 

 

☒ The defendant has no resources in the United States from which he/she might make a bond 

 reasonably calculated to assure his/her future appearance. 

☒ The defendant has a prior criminal history. 

☐ The defendant lives and works in Mexico. 

☐ The defendant is an amnesty applicant but has no substantial ties in Arizona or in the 

 United States and has substantial family ties to Mexico. 

☒ There is a record of prior failure to appear in court as ordered. 

☐ The defendant attempted to evade law enforcement contact by fleeing from law 

 enforcement. 

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☐ The defendant is facing a minimum mandatory of incarceration and a 

maximum of . 

☐ The defendant does not dispute the information contained in the Pretrial Services Report: 

 

 

 . 

☒ In addition: 

 The defendant’s parents, siblings, and daughter reside in the community and he proffers that they 

are all either United States citizens or Legal Permanent Residents. Thus, the defendant has familial ties 

to the community. The Court, however, finds that this is the only factor that weighs in favor of release. 

 The defendant does not have legal employment, assets, or property here. Therefore, he has no 

financial, employment, or other ties to the community. His criminal history shows a history of alcohol 

abuse, which raises concern about his ability or willingness to abide by court orders. 

 Counsel asserts that the defendant has resided in this country for several years, but also 

acknowledges that he was previously removed, subject to an order of an immigration judge, in 2006. 

Counsel also acknowledges that the defendant returned to the United States soon after his removal. 

Thus, the Court concludes that the duration of his residence in the United States is a non-factor and does 

not establish ties to the community. 

 His immediate return following removal demonstrates an unwillingness to abide by court orders. 

In addition, the defendant’s criminal history includes a probation violation, and counsel acknowledges 

that a bench warrant was issued in September 2006 because defendant’s attorney at that time advised 

him not to appear. His criminal history also includes a charge for failure to appear in 2014, with no 

disposition recorded. This history establishes a failure to abide by court orders. 

 The Court concludes that the government has established by a preponderance of the evidence 

that the defendant poses a risk of flight and that there are no conditions that will reasonably assure his 

appearance. 

The Court incorporates by reference the findings of the Pretrial Services Agency, which were reviewed by the 

Court at the time of the hearing in this matter. 

PART III -- DIRECTIONS REGARDING DETENTION

The defendant is committed to the custody of the Attorney General or his/her designated representative for 

confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences 

or being held in custody pending appeal. The defendant shall be afforded a reasonable opportunity for private 

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

Government, the person in charge of the corrections facility shall deliver the defendant to the United States Marshal 

for the purpose of an appearance in connection with a court proceeding. 

PART IV -- APPEALS AND THIRD PARTY RELEASE

 IT IS ORDERED that should an appeal of this detention order be filed with the District Court, it is 

counsel’s responsibility to deliver a copy of the motion for review/reconsideration to Pretrial Services at least one 

day prior to the hearing set before the District Court. Pursuant to Rule 59(a), FED.R.CRIM.P., effective December 

1, 2009, defendant shall have fourteen (14) days from the date of service of a copy of this order or after the oral 

order is stated on the record within which to file specific written objections with the District Court. Failure to 

timely file objections in accordance with Rule 59(a) may waive the right to review. 59(a), FED.R.CRIM.P. 

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 IT IS FURTHER ORDERED that if a release to a third party is to be considered, it is counsel’s 

responsibility to notify Pretrial Services sufficiently in advance of the hearing before the District Court to allow 

Pretrial Services an opportunity to interview and investigate the potential third party custodian. 

 Dated this 4th day of December, 2015. 

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