United States District Court, W.D. Washington, Tacoma
THERESA L. FRICKE, UNITED STATES MAGISTRATE JUDGE
MATTER concerns the release or detention of the defendant
under the Bail Reform Act, 18 U.S.C. § 3142. The
defendant was indicted on June 6, 2019 with: Conspiracy to
Distribute Methamphetamine (Count 1) and Possession of
Methamphetamine with Intent to Distribute (Count 2). Dkt. 1,
Indictment, p. 1-2.
hearing, the government appeared through Assistant United
States Attorney Andre Penalver. The defendant appeared
personally and was represented by counsel, Allyson Bqarker.
The United States Probation and Pretrial Services Office
appeared through United States Probation Officer Nick
Bassett, and filed both pretrial and supplemental reports.
Dkts. 9, 22.
ORDERED that the defendant: Shall be detained pursuant to The
Bail Reform Act, 18 U.S.C. § 3142.
Court reviewed the documents in the electronic docket for
this matter, including the allegations in the Indictment, and
considered the arguments and information presented during the
hearing. The defendant is charged with Conspiracy to
Distribute Methamphetamine, 21 U.S.C. § 846, and
Possession of Methamphetamine with Intent to Distribute, 21
U.S.C. §§ 841(a)(1), 841(b)(1)(B); 18 U.S.C. §
2. Dkt. 1, p. 1-2. These charges trigger a rebuttable
presumption of detention, that “no condition or
combination of conditions will reasonably assure the
appearance of the person as required and the safety of the
community.” 18 U.S.C. § 3142(e)(3)(A). The
presumption shifts the burden of production to the defendant.
United States v. Hir, 517 F.3d 1081, 1086 (9th Cir.
2008). However, the prosecution retains the burden of
persuasion, Id., and the Bail Reform Act recognizes
that release should be the normal course, with
“detention prior to trial or without trial [a]
carefully limited exception.” United States v.
Salerno, 481 U.S. 739, 755 (1987).
defendant proffers evidence to rebut the statutory
presumption, the Court must consider the presumption weighed
with the other factors identified in 18 U.S.C. § 3142(g)
to determine if detention should be ordered. United
States v. Hir, 517 F.3d at 1086. The factors considered
are (1) the nature and seriousness of the charges, (2) the
weight of the evidence against the defendant, (3) the history
and characteristics of the defendant, and (4) the
“nature and seriousness of the danger to any person or
the community that would be posed by the person's
release.” 18 U.S.C. § 3142(g)(1)-(4).
there is clear and convincing evidence that the defendant
poses a danger to others and to the community, or there is a
preponderance of the evidence showing that the defendant is a
flight risk or may fail to appear for court hearings, the
Court must next analyze whether there is a “condition
or combination of conditions [that] will reasonably assure .
. . the safety of any other person and the community.”
18 U.S.C. § 3142(e); United States v. Hir, 517
F.3d at 1092-93. If no such conditions are found, then the
presumption is not rebutted and the defendant shall be
Factors Under 18 U.S.C. § 3142
Nature and Seriousness of the Charges
case, the charges brought against the defendant-conspiracy to
distribute methamphetamine and possession of methamphetamine
with intent to distribute-are serious. Dkt. 1, p. 1-2.
Defendant is charged, with his co-defendant, of conspiracy to
distribute at least 550 grams-over one pound-of a substance
containing methamphetamine. Id. Defendant is also
charged with possession of more than 50 grams of a substance
containing methamphetamine. Id. Further, after the
arrest of the defendant, law enforcement received information
that the defendant discarded a firearm under a bridge. Dkt.
22, p. 2. Upon inspection of the location, law enforcement
discovered a bag containing a firearm and methamphetamine.
Id. During the detention hearing, the prosecution
noted the gun is being tested for fingerprints but, at this
time, the defendant is not charged with any gun-related
offenses. Dkt. 1.
the quantity of methamphetamine involved and the charge
against the defendant of conspiracy and participation in an
operation to distribute methamphetamine, the Court determines
the charges against the defendant are serious.
Weight of the Evidence
stage in the criminal proceedings, it is difficult to assess
the weight of the evidence, and the Court does not rely
heavily on this factor in ...