Opinion
Case No. 17-CR-00243-RBJ
07-21-2017
UNITED STATES OF AMERICA, Plaintiff, v. GAVEN ALFONSO OROZCO, Defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION
This matter is before the court for detention hearing on July 21, 2017. The court has taken judicial notice of the court's file and the pretrial services report. In addition, the court has considered the proffers by the defendant and the government. Further, the court has considered the many letters submitted by defendant and the arguments of counsel.
In order to sustain a motion for detention, the government must establish that (a) there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the defendant's presence for court proceedings; or (b) there is no condition or combination of conditions which could be imposed in connection with pretrial release that would reasonably insure the safety of any other person or the community. The former element must be established by a preponderance of the evidence, while the latter requires proof by clear and convincing evidence.
If there is probable cause to believe that the defendant committed an offense which carries a maximum term of imprisonment of over 10 years and is an offense prescribed by the Controlled Substances Act, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community.
The Bail Reform Act, 18 U.S.C. § 3142(g), directs the court to consider the following factors in determining whether there are conditions of release that will reasonably assure the appearance of the defendant as required and the safety of any other person and the community:
(1) [t]he nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including -
(A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
(B) whether at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State or local law; and
(4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release.
The government is requesting detention in this case. In making my findings of fact, I have taken judicial notice of the information set forth in the pretrial services report and the entire court file, and have considered the proffer submitted by the government and defense counsel and the arguments of counsel. Lastly, the court has considered the many letters from friends and family submitted by defendant. Weighing the statutory factors set forth in the Bail Reform Act, I find the following:
First, the defendant has been charged in the Indictment with Possession of Stolen Firearms in violation of 18 U.S.C. § 922(j) and 924(a)(2).
Second, based upon the Indictment, I find probable cause exists as to the above listed charge.
Third, I find that nature of the charge in this case involves the possession of stolen firearms.
Fourth, I find that defendant has suffered two prior failures to appear resulting in warrants being issued. The failures to appear were for less serious offenses then the instant offense in this case. During a search warrant of the defendant's grandparent's home where defendant was residing, three stolen weapons were recovered from the defendant's bedroom in such home. Later, defendant, in essence, admitted to law enforcement agents that he was involved in the burglary of a federal firearms licensee where the stolen guns were taken and he had stolen two cars that were used in the burglary of such federal firearms licencee. Defendant allowed law enforcement to search his cell phone. When searching defendant's cell phone, law enforcement discovered many texts by defendant including one text that indicated that defendant was involved in trading firearms. The weight of the evidence against defendant is substantial. It also should be noted that defendant requested that he be released to his grandparents home but that is where the three stolen firearms were being stored and recovered by law enforcement. Defendant has suffered a juvenile adjudication for First Degree Trespass of a Dwelling. Defendant has suffered adult convictions for Obstructed View and Careless Driving. Defendant has a pending case in the Adams County Court, Case No. 16-M-3817 wherein he is charged with Possession/Consume Marijuana- Under 21 and there is an active warrant for his arrest in this case.
In light of these facts, I find, by clear and convincing evidence, that the defendant is both a flight risk and a danger to the community and that no condition or combination of conditions of release will reasonably assure his presence in court and the safety of the community. Accordingly, I order that the defendant be detained without bond.
Done this 21th day of July 2017.
BY THE COURT
S/ Michael J. Watanabe
Michael J. Watanabe
U.S. Magistrate Judge