United States District Court, N.D. California, San Jose Division
ORDER RE DETENTION PENDING REVOCATION
VIRGINIA K. DEMARCHI UNITED STATES MAGISTRATE JUDGE.
10, 2019, the United States moved for detention of defendant
Quoc Chi Tran pending a revocation hearing on charges that
Mr. Tran violated the terms of his supervised release, and
Mr. Tran moved for release. Dkt. No. 408. The Court conducted
a hearing. Mr. Tran was present in custody at the hearing and
represented by counsel. For the reasons set forth below, the
Court finds that detention is warranted.
September 23, 2015, jury found Mr. Tran guilty of conspiracy
to conduct a gambling business in violation of 18 U.S.C.
§§ 371 & 1955(a). Dkt. No. 228. On December 14,
2015, the Court sentenced Mr. Tran to a term of imprisonment
of 36 months followed by a term of supervised release of 36
months, subject to a number of conditions. Dkt. Nos. 283,
3, 2019, Probation Officer Elizabeth Hernandez-Robles
petitioned the Court for a no bail arrest warrant based on
charges that Mr. Tran had violated certain conditions of his
supervised release, including (1) the condition that he not
commit any federal, state or local crime; (2) the condition
requiring him to notify his probation officer within 72 hours
of being arrested; (3) the condition that he truthfully
report certain information, including his residence, on a
monthly basis; (4) the condition that he notify his probation
officer at least ten days before changing residence; and (5)
the condition that he refraining from using a controlled
substance. Dkt. No. 406.
to the petition, Mr. Tran was arrested on June 21, 2019 by
the Milpitas Police Department for violation of California
Health and Safety Code § 11550(a) for being under the
influence of a controlled substance. He was arrested at an
apartment in Milpitas, California, after another resident in
the same complex reported smoke coming from the apartment. At
the time of his arrest, the police officer observed that Mr.
Tran had a fast pulse, dilated pupils, no visible reaction to
light, and other indicia of being under the influence of
methamphetamine. The officer also observed smoke coming from
a pan on top of a stove in the apartment and a number of
items which, the United States contends, are items used in
making methamphetamine. Id. Mr. Tran reported to the
officer that he was the tenant of the apartment. During his
supervised release, Mr. Tran has provided the Probation
Office with a different address for his residence, and did
not advise his Probation Officer that he had changed
Court issued a no bail arrest warrant for Mr. Tran's
arrest on July 3, 2019. The Court is informed that at the
time of his arrest, Mr. Tran had approximately one month
remaining in his term of supervised release.
Tran is serving a term of supervised release following
conviction, the law requires that Mr. Tran be detained
pending a revocation hearing, unless the Court finds by clear
and convincing evidence that he is not likely to flee or pose
a danger to the safety of any other person or the community.
Fed. R. Crim. P. 32.1(a)(6); 18 U.S.C. § 3143(a)(1). Mr.
Tran bears the burden of demonstrating that he is not likely
to flee or pose a danger to any other person or to the
community. Fed. R. Crim. P. 46(d); see United States v.
Loya, 23 F.3d 1529 (9th Cir. 1994).
support of his motion for release, Mr. Tran argues that he is
neither a flight risk nor a danger to the
community. He emphasizes that he was arrested on a
misdemeanor charge of being under the influence, and that the
Court should consider the relatively minor nature of that
offense and the “technical” nature of the other
violations charged in the petition in evaluating whether he
poses a danger to others or a risk of flight. Mr. Tran
proffers that he is currently employed doing construction
work and that he has a place to live-i.e. the residence
address he has provided to the Probation Office. Mr. Tran did
not proffer a bond amount, co-signer, surety or custodian,
but rather proposes that he continue under the terms of his
United States opposes Mr. Tran's release pending his
revocation hearing on grounds that he poses a risk to the
safety of others and a risk of flight. The government
characterizes Mr. Tran's alleged violations as serious
violations that are not merely technical but demonstrate a
disregard for the Court's supervised release order. In
particular, the government observes that when Mr. Tran was
arrested in Milpitas he appeared to be in the process of
cooking methamphetamine, conduct that is not only illegal but
poses a danger to the community.
hearing, Officer Hernandez-Robles advised that the Probation
Office recommends detention.
considered the record, including the presentations of counsel
at the hearing, the Court concludes that Mr. Tran has not
shown by clear and convincing evidence that his release under
the existing conditions of supervised release will reasonably
assure the safety of others and the community and his
appearance for court proceedings as required. Mr. Tran is
charged with violating multiple existing conditions of his
supervised release, including the requirement that he not
commit another crime. Count 1 of the petition describes
conduct that endangers the safety of others. Mr. Tran has not
shown by clear and convincing evidence that he will not
engage in this conduct pending his revocation hearing.
Moreover, the other counts of the ...