United States District Court, N.D. California, Oakland Division
J. STRETCH United States Attorney, DAVID R. CALLAWAY Chief,
Criminal Division, MARC PRICE WOLF Assistant United States
Attorney, Attorneys for United States of America.
[PROPOSED] ORDER OF
HONORABLE KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE.
defendant, Altariq Jenkins, is charged in this case with a
violation of 18 U.S.C. § 922(g)(1) for being a felon in
possession of a firearm and ammunition. On June 17, 2016, at
the initial appearance in the above-referenced matter, the
government moved for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3142, and requested a hearing.
On June 30, 2016, the Court held a detention hearing. The
Court has carefully considered the proffers of the government
and the defendant's counsel, the factors set forth in 18
U.S.C. § 3142(g), and the information contained in the
bail study prepared by the U.S. Pretrial Services Agency,
which recommends that the defendant be detained pending
trial. The Court finds by clear and convincing evidence that
releasing the defendant prior to trial in this matter would
not reasonably assure the safety of the community, and
therefore the defendant is a danger to the community. For the
reasons set forth below, as well as those stated on the
record on June 30, 2016, the Court concludes that no
conditions or combination of conditions could be fashioned in
order to properly protect the community if he is released.
Therefore, the Court orders that the defendant be detained.
the Bail Reform Act, an authorized judicial officer may order
the detention or release of a defendant pending trial. The
judicial officer may detain a defendant where the government
shows by clear and convincing evidence that no release
condition will reasonably assure the safety of the community.
Specifically, detention may be ordered where the court finds
no condition or combination of conditions could prevent the
defendant's continued or future criminal activity.
United States v. Salerno, 481 U.S. 739 (1987).
Additionally, the judicial officer may detain a defendant if
the government proves by a preponderance of the evidence that
the defendant poses a risk of flight. United States v.
Motamedi, 767 F.2d 1403, 1407 (9th Cir. 1985);
United States v. Gebro, 948 F.2d 1118, 1121 (9th
reasons stated on the record on June 30, 2016, the Court
finds that the government has met its burden to establish
that the defendant is a danger to the community. The
defendant has a number of prior convictions, including a 2013
conviction for burglary and a 2014 conviction for being a
felon in possession of a firearm. Further, in 2015, his
probation was revoked for being a felon in possession of a
firearm. The defendant also has had several juvenile
petitions sustained: in 2007 a petition was sustained for
theft/conversion of real property; a 2009 petition was
sustained for attempted robbery; and a 2011 petition was
sustained for illegally possessing a weapon. The defendant
has also previously violated conditions of his probation. In
fact, he was on probation for his 2013 felon in possession
conviction when he was arrested for the instant felon in
government also offered evidence that, in the instant crime,
the defendant possessed two loaded handguns in his waistband,
he resisted arrest, and he lied to the police about his name
and date of birth. At the detention hearing, the defendant
did not present adequate sureties or a suitable place for him
to reside if he were to be released. While the defense
suggested that the defendant could reside in a halfway house
pending trial in this case, based on his multiple failures to
comply with conditions set by other courts, as well as his
prior convictions and apparent post-arrest conduct in this
case, the Court is concerned that the defendant will not
follow the Court's instructions and that his release
would present a danger to the community.
considered all of the relevant factors set forth in 18 U.S.C.
§ 3142(g), and for the reasons set forth herein, as well
as those stated on the record on June 30, 2016, the Court
hereby finds by clear and convincing evidence that no
condition or combination of conditions will reasonably assure
the safety of the community or others if the defendant is
released. See 18 U.S.C. § 3142(f).
the Court ORDERS that the ...