USA v. Quinonez-Soto et al
Criminal

Middle District of Florida, flmd-8:2017-cr-00355-339530

MEMORANDUM in opposition by USA as to Reyandra Camorlinga re 35 MOTION to Revoke Detention Order and to Set Conditions of Release Pursuant to 18 U.S.C. 3145(b).

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PageID 139 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:17-cr-355-T-35TGW REYANDRA CAMORLINGA UNITED STASTES' RESPONSE IN OPPOSITION TO CAMORLINGA'S MOTION TO REVOKE DETENTION ORDER In July of this year, the Grand Jury indicted Reyandra Camorlinga for conspiracy to distribute and to possess with the intent to distribute 50 grams or more of methamphetamine (actual) and for distribution of 50 grams or more of methamphetamine (actual). (Doc. 1.) The charges stem from Camorlinga and her co-defendant, Bryan Quinonez-Soto, shipping large quantities of high- purity methamphetamine to traffickers in the Middle District of Florida. In August, a magistrate judge in the District in which Camorlinga was arrested ordered her detained pending trial. (Doc. 25.) Camorlinga now seeks to revoke that decision. A district court reviews a motion to revoke detention independently of the magistrate court's decision on the matter, which is essentially to say that the district court's review is de novo. See United States v. Gaviria, 828 F.2d 667, 670 (11th Cir. 1987). Because Camorlinga is charged with a controlled PageID 140 substance offense that carries a maximum term of imprisonment of life, there is a presumption that no set of conditions are sufficient to ensure the safety of the community and her appearance in court. 18 U.S.C. § 3142(e)(3)(A). Given her lack of a criminal record, even with the presumption, the United States would have been inclined to work with Camorlinga to identify reasonable conditions of release. Unfortunately, there are no reasonable conditions in this case for three reasons: (1) Camorlinga has threatened a witness; (2) Camorlinga was a danger to the children she now seeks to be reunited with; and (3) Camorlinga has attempted to obstruct justice in this case while on detention.1 One of the cooperators in this case was arrested in mid-May. Later that month, he received an online message from Camorlinga. In relevant part, Camorlinga states, "if you try to set me up you know the consequences. Remember who you are dealing with." (See Ex. 1.) Notably, there was 1 The United States appreciates the Court's order granting extra time to respond to Camorlinga's motion. (Doc. 36.) However, the undersigned is of the understanding that this response would still be timely. Local Rule 3.01(b) provides 14 days to respond to a motion, and Fed. R. Crim. P. 45(a)(1)(a) indicates that in computing time, "the day the event that triggers the [response] period" should be "exclude[d]." Since Camorlinga's motion was filed on November 14, the 14-day response period began ticking on the November 15. 14 days from November 15 is November 29, which is the date that this response was filed. Regardless, the undersigned appreciates the Court's generosity and apologizes if the timing of this response caused any inconvenience, particularly if he misunderstood the deadlines contemplated by the Local Rules and the Federal Rules of Criminal Procedure. 2 PageID 141 precedent for Camorlinga to worry about cooperation. About seven months earlier, another member of the conspiracy was arrested immediately after a different cooperator engaged in a controlled delivery of methamphetamine. And like the cooperator Camorlinga messaged, the cooperator who did the controlled delivery received shipped packages of methamphetamine. Camorlinga seeks release in part so that she can be reunited and care for her children. But she poses a danger to them. When agents first encountered Camorlinga, she was at a home with her co-conspirator and the father of one of her children. Use-quantities of methamphetamine were located in the master bathroom. Additionally, a glass pipe, which is often used for smoking methamphetamine, was found in plain view on the master bed and in close proximity to Quinonez-Soto and Camorlinga's child. The pipe had a crystalline substance in it. (Numerous additional children were also in the home.)2 Finally, Camorlinga tried to destroy evidence in this case. Camorlinga 2 Additionally, an AR-15 rifle was found in the bedroom. Though Camorlinga seems to argue that the rifle was not functional, a total of over sixty rounds of AR-15 ammunition was located under the master bed and between that bed's mattress and box spring. (The United States has asked the case agent to arrange for a test fire of the AR-15 and hopes to be able to apprise the Court on the operability issue should the Court require a hearing on Camorlinga's motion.) Additionally, 49 rounds of .30 caliber ammunition, 10 rounds of .45 caliber ammunition, two AR-15 magazines (one containing 13 rounds), and a 9mm magazine were located in the master bathroom. 3 PageID 142 was arrested on July 19, 2017. On July 26, 2017, she was detained pending resolution of a determination of bond. On that day, Camorlinga made a recorded jail call. During this call she noted a specific online account, believed to be her Facebook account, provided the password for this account and said "delete my fucking account." In this call, Camorlinga also referred to an unnamed messaging account, believed to be her Facebook messenger, and said to "just delete my account, just delete everything off of there." She also explicitly told her conversation partner to go online, through her email account, and to delete evidence in this case from her phone. She said: If you can get into my Google, like my phone, like my email. . . the same email. You know how you can go to the dashboard and go to devices and stuff, delete my phone, delete my account off of all the phones, because they have my phone, and that is how they are getting any information, from my phone. So it will say like, if you lost it or whatever, if you lost the device, that you can erase it. . . The person on the other end then said, "They already went through all that." Camorlinga responded, "I know, but just delete it, just so they don't have anything. . . Just delete all that shit."3 Notably, Camorlinga's phone was used to facilitate the distribution of methamphetamine that is the subject of Count Five of the Indictment. 3The undersigned is proffering the contents of the above conversation based on a conversation he has had with an agent who has listened to the jail call. At the court's request, a copy of the jail call will be provided to the Court. 4 PageID 143 Agents called this phone during their encounter with Camorlinga, and she had it on her. Based on evidence from the arrest, including the above, the United States plans to supersede to add Camorlinga as a defendant to Count Five. For purposes of this response, though, the main point is that if Camorlinga is brazen enough to seek to destroy evidence while she is in a controlled detention setting with all of her calls being recorded, there is no telling what she would do if she were given release. To be sure, the United States could ask for detention on grounds of the nature and seriousness of Camorlinga's offense, the inherent danger to the community that is posed from releasing a drug dealer on bond, Camorlinga's lack of ties to the Middle District of Florida, and her inability to post a secured bond. While these factors inform the United States' decision to seek detention, they are ultimately not the primary reasons for doing so. 5 PageID 144 The main reasons for seeking detention are outlined above: Camorlinga actively sought to thwart this investigation by threatening a witness and by seeking to destroy evidence, and Camorlinga is a danger to those with whom she seeks to be reunited. For these reasons, she cannot overcome the presumption that she is a danger to the community and a flight risk. Respectfully submitted, W. STEPHEN MULDROW Acting United States Attorney By: /s/ Gregory T. Nolan GREGORY T. NOLAN Assistant United States Attorney United States Attorney No.: 163 400 N. Tampa Street, Suite 3200 Tampa, Florida 33602-4798 Telephone: (813) 274-6000 Facsimile: (813) 274-6358 E-mail: gregory.nolan@usdoj.gov 6 PageID 145 U.S. v. Camorlinga Case No. 8:17-cr-355-T-35TGW CERTIFICATE OF SERVICE I hereby certify that on November 29, 2017, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: David Little, Esq. Matthew Luka, Esq. /s/ Gregory T. Nolan GREGORY T. NOLAN Assistant United States Attorney United States Attorney No.: 163 400 N. Tampa Street, Suite 3200 Tampa, Florida 33602-4798 Telephone: (813) 274-6000 Facsimile: (813) 274-6358 E-mail: gregory.nolan@usdoj.gov 7