United States District Court, N.D. California, San Jose Division
REVOCATION OF RELEASE; DETENTION ORDER
VIRGINIA K. DEMARCHI UNITED STATES MAGISTRATE JUDGE
initial appearance, the United States moved for detention of
defendant Sandeep Garcha. The Court held hearings on the
government's motion on December 3 and 5, 2019, after
which the Court ordered Mr. Garcha released on a $100, 000
bond, secured by real property, and several special
conditions, including strict location conditions. Dkt. No.
14. Mr. Garcha was present at the hearings and represented by
December 26, 2019, Pretrial Services reported to the Court
that Mr. Garcha had twice violated the conditions of his
release relating to restrictions on his location. Dkt. No.
15. The government moved for revocation of release. The Court
held a hearing on the alleged violations on December 27,
2019. Mr. Garcha was present and represented by counsel.
reasons stated on the record during the December 27, 2019
hearing and as set forth below, the Court finds that there is
clear and convincing evidence Mr. Garcha violated his
conditions of release and that detention is warranted. This
order may be appealed to the presiding judge.
forth in the indictment, the government charges Mr. Garcha
with being a felon in possession of a firearm, in violation
of 18 U.S.C. § 922(g)(1). Mr. Garcha is presumed
innocent of these charges. See 18 U.S.C. §
Services prepared a pre-bail report on December 2, 2019,
which was shared with the Court and counsel for the parties.
Pretrial Services prepared a violation memorandum on December
26, 2019, which also was shared with the Court and counsel
for the parties. The Court adopts the facts set forth in the
Pretrial Services report and memorandum, as indicated below.
Both parties presented arguments and evidence by proffer
through counsel at the hearings, which were conducted in
motion for revocation of release for violating a condition of
pretrial release the government must show by clear and
convincing evidence that a violation occurred. 18 U.S.C.
§ 3148(b)(1)(B). The government also must show by a
preponderance of the evidence that the defendant is unlikely
to abide by any condition or combination of conditions of
release, or that no condition or combination of conditions of
release will reasonably assure that the defendant will not
flee or pose a danger to the safety of other persons or the
community. Id. § 3148(b)(2); United States
v. Gotti, 794 F.2d 773, 778 (2d Cir. 1986); United
States v. Aron, 904 F.2d 221, 224 (5th Cir. 1990).
Nature and Circumstances of the Offense
to the complaint, in August 2019 law enforcement authorities
in San Jose discovered a loaded firearm concealed in a sofa
in an apartment that Mr. Garcha frequented, together with
information indicating that the firearm belonged to Mr.
Garcha. During the hearing, the government proffered
additional evidence, including statements made by Mr. Garcha
upon his arrest in October 2019, that support the
government's contention that the firearm in question
belonged to Mr. Garcha. According to the indictment and the
criminal history presented at the hearing, Mr. Garcha was
convicted in 2005 of two counts of carjacking, two counts of
kidnapping, and one count of second degree robbery, all
felonies, in violation of California state law, and was
sentenced to 12 years' imprisonment. He was on probation
for that offense when he was arrested in this case. Mr.
Garcha faces a maximum prison term of 10 years for the
offense with which he is currently charged.
Weight of the Evidence
weight of the evidence is difficult to assess at this stage
of the case. The government proffers that Mr. Garcha made
admissions to law enforcement regarding the charged conduct.
However, the Court observes that the weight of the evidence
is the least important ...