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U.S. v. Mercado

Detention Pending Trial Denied; Lesser Conditions Assure Appearance, Community's Safety

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DECISION and ORDER INTRODUCTION The government has asked me to order Defendant Jose Mercado detained pending trial. Based on the factors set out at 18 U.S.C. §3142(g), I conclude that there are conditions I can set that will reasonably assure Mercado’s appearance and the safety of any other person and the community. I likewise conclude that there are conditions I can set to assuage the government’s fears about obstruction. Detention is not warranted. This Court thus ORDERS Mercado released pending trial under strict conditions it will set at his appearance later today, Thursday, June 20, 2024. Those conditions will include home detention. BACKGROUND This case began with the government’s criminal complaint. (ECF No. 1, June 14, 2024.) The government has charged Mercado with offenses under 21 U.S.C. §§841(a)(1) & (b)(1)(C) for possession with intent to distribute cocaine. Attached to the complaint is the affidavit of James Gashlin, DEA Task Force Officer. (“Gashlin Affidavit.”) The Gashlin Affidavit recounts a controlled purchase of cocaine from Mercado by an undercover agent. (Gashlin Aff.

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