United States v. Illas-Pellot ( 2000 )

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1304
UNITED STATES,
Appellee,
v.
LUIS ILLAS-PELLOT, a/k/a NAPO,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Daniel R. Domínguez, U.S. District Judge]
Before
Torruella, Chief Judge,
Selya and Stahl, Circuit Judges.
Maria H. Sandoval on brief for appellant.
Guillermo Gil, United States Attorney, Jorge E. Vega-
Pacheco, Assistant United States Attorney, and Camille Velez-
Rive, Assistant United States Attorney, on brief for appellee.
May 9, 2000
Per Curiam. After carefully reviewing the briefs
and record on appeal, we affirm the order below. The grand
jury indictment facially established probable cause to
believe that the appellant had committed a relevant drug
offense punishable by a maximum term of at least ten years.
It thereby triggered the rebuttable presumption that no
conditions of bail could reasonably assure the appellant’s
appearance or the community’s safety. In addition, the
appellant was charged with a serious drug crime, the crime
was allegedly committed while he was on probation for
another offense, and the government proffered some evidence
about its case. Although the appellant asserted that he may
have been misidentified, under the circumstances, he failed
to counter the showing that he posed a risk of flight and a
danger to the community. See United States v. Dillon, 938
F.2d 1412, 1416 (1st Cir. 1991); United States v. Moss, 887
F.2d 333, 337 (1st Cir. 1989); United States v. Jessup, 757
F.2d 378, 384-386 (1st Cir. 1985).
Affirmed. Loc. R. 27(c).