DOJ-OGR-00019869.jpg
530 KB
Extraction Summary
3
People
2
Organizations
2
Locations
4
Events
1
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
530 KB
Summary
This legal document, filed on July 2, 2020, argues for the detention of a 58-year-old defendant, asserting they are a significant flight risk. The argument is based on the severity of the alleged crimes involving multiple minors, a potential 35-year prison sentence, and the strength of the evidence, which includes victim testimony corroborated by flight records, diaries, and business records. The document also confirms that the charges are timely under the amended statute of limitations.
People (3)
| Name | Role | Context |
|---|---|---|
| Unnamed Defendant | Defendant |
The subject of the legal filing, described as being 58 years old, facing up to 35 years in prison, and considered a f...
|
| Moscaritolo | Defendant in a cited case |
Mentioned in the case citation 'United States v. Moscaritolo, No. 10 Cr. 4 (JL), 2010 WL 309679'.
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| Alindato-Perez | Defendant in a cited case |
Mentioned in the case citation 'United States v. Alindato-Perez, 627 F. Supp. 2d 58, 66 (D.P.R. 2009)'.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
Mentioned as the plaintiff in the cited cases 'United States v. Moscaritolo' and 'United States v. Alindato-Perez'.
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| DOJ-OGR | government agency |
Appears in the footer document identifier 'DOJ-OGR-00019869'.
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Timeline (4 events)
2003
The year that 18 U.S.C. § 3283 was amended to extend the limitations period for certain conduct.
2009
2010-01-26
Relationships (1)
The document states the defendant 'repeatedly engaged in this conduct, targeting girls as young as 14 years old, for a period of years, and involving multiple minors.'
Key Quotes (1)
"[T]he steeper the potential sentence, the more probable the flight risk is, especially considering the strong case of the government . . . ."Source
— United States v. Moscaritolo court decision
(Quoted to support the argument that the defendant's potential 35-year sentence makes them a significant flight risk.)
DOJ-OGR-00019869.jpg
Quote #1
Full Extracted Text
Complete text extracted from the document (2,243 characters)
Case 1:20-cr-00330-AJN Document 20 Filed 07/02/20 Page 5 of 10
acts are so serious that both crimes carry a statutory presumption that no condition or combination of conditions will reasonably assure the appearance of the defendant as required. 18 U.S.C. § 3142 (e)(3)(E). The defendant repeatedly engaged in this conduct, targeting girls as young as 14 years old, for a period of years, and involving multiple minors.
These offenses carry significant penalties, and the defendant faces up to 35 years’ imprisonment if convicted. The possibility of a substantial sentence is a significant factor in assessing the risk of flight. See United States v. Moscaritolo, No. 10 Cr. 4 (JL), 2010 WL 309679, at *2 (D.N.H. Jan. 26, 2010) (“[T]he steeper the potential sentence, the more probable the flight risk is, especially considering the strong case of the government . . . .”) (quoting United States v. Alindato-Perez, 627 F. Supp. 2d 58, 66 (D.P.R. 2009)). Here, the defendant is facing a statutory maximum of decades in prison. This fact alone would provide a compelling incentive for anyone to flee from prosecution, but the incentive to flee is especially strong for this defendant, who, at age 58, faces the very real prospect of spending a substantial portion of the rest of her life in prison.
The strength of the evidence in this case underscores the risk that the defendant will become a fugitive. As the facts set forth in the Indictment make plain, the evidence in this case is strong. Multiple victims have provided detailed, credible, and corroborated information against the defendant. The victims are backed up contemporaneous documents, records, witness testimony, and other evidence. For example, flight records, diary entries, business records, and other evidence corroborate the victims’ account of events. This will be compelling evidence of guilt at any trial in this case, which weighs heavily in favor of detention.
The passage of time between the defendant’s conduct and these charges does not counsel otherwise. As an initial matter, all of the conduct is timely charged, pursuant to 18 U.S.C. § 3283, which was amended in 2003 to extend the limitations period for conduct that was timely as of the
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DOJ-OGR-00019869
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