United States District Court, N.D. California, San Jose Division
VIRGINIA K. DEMARCHI United States Magistrate Judge.
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
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).
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
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).
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).
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).
Nature and Circumstances of the Offense
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.