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United States v. Barragan

United States District Court, N.D. California, San Jose Division

December 23, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
EFRAIN BARRAGAN, Defendant.

          DETENTION ORDER

          VIRGINIA K. DEMARCHI United States Magistrate Judge.

         The United States moved for detention of defendant Efrain Barragan. The Court held a hearing on the government's motion on December 20, 2019. Dkt. No. 5. Mr. Barragan was present at the hearing and represented by counsel. For the reasons stated on the record during the hearing and as set forth below, the Court finds that there are no conditions, or combination of conditions, of release that would reasonably assure the safety of other persons and the community and Mr. Barragan's appearance for court proceedings. The Court therefore orders Mr. Barragan detained pending trial. This order may be appealed to the presiding judge, the Honorable Edward Davila.

         I. BACKGROUND

         As set forth in the indictment, the government charges Mr. Barragan in count one with possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §841(a)(1) and (b)(1)(C), and in count two with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Dkt. No. 2. Mr. Barragan is presumed innocent of these charges. See 18 U.S.C. § 3142(j).

         Pretrial Services prepared a report, which was shared with the Court and counsel for the parties. The Court adopts the facts set forth in the Pretrial Services report, as indicated below. Both parties presented arguments and evidence by proffer through counsel at the hearing, which was conducted in public.

         II. LEGAL STANDARDS

         On a motion for pretrial detention, the government bears the burden to show by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of other persons or the community. 18 U.S.C. § 3142(f)(2). Conversely, the government bears the burden to show by a preponderance of the evidence that no condition or combination of conditions of release will reasonably assure the defendant's appearance. United States v. Motamedi, 767 F.2d 1403, 1407 (9th Cir. 1985).

         In evaluating whether pretrial release is appropriate, the Court must consider (1) the nature and circumstances of the offense charged, (2) the weight of the evidence against the defendant, (3) the defendant's history and characteristics (including his character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug and alcohol abuse, criminal history, and record concerning appearance at court proceedings), and (4) the nature and seriousness of the danger to any person or the community that would be posed by the defendant's release. 18 U.S.C. § 3142(g).

         III. DISCUSSION

         A. Rebuttable Presumption

         Given the charges in the indictment, there is a rebuttable presumption of detention based on danger and risk of flight. 18 U.S.C. § 3142(e)(3)(A).

         B. Nature and Circumstances of the Offense

         The government initially charged Mr. Barragan by complaint, which was filed on December 13, 2019. Dkt. No. 1. According to the complaint, on August 30, 2019, law enforcement apprehended Mr. Barragan with a quantity of methamphetamine and a loaded semiautomatic handgun. Dkt. Nos. 1, 2. According to the complaint and the government's proffer during the hearing, Mr. Barragan refused to comply with the law enforcement officer's orders at the time of his arrest and he attempted to flee in order to avoid being detained. Dkt. No. 1, ¶¶ 9- If convicted, Mr. Barragan faces a maximum prison term of 20 years for the offense charged in count one and a maximum prison term of 10 years for the offense charged in count two.

         C. Weight ...


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