Opinion
Case No. 17-CR-00231-WYD
07-18-2017
UNITED STATES OF AMERICA, Plaintiff, v. JAYDEN RAINEY, Defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW and REASONS FOR ORDER OF DETENTION
This matter is before the court for detention hearing on July 18, 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.
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. 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 Felon in Possession of a Firearm and Ammunition in violation of 18 U.S.C. § 922(g)(1).
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 a firearm and ammunition by a previously convicted felon.
Fourth, I find that defendant is unemployed. Defendant has used one alias name and one alias social security number in the past. Defendant has no assets, liabilities, income or expenses. Defendant suffers from asthma and eczema and is currently taking Wellbutrin. Defendant has taken medication for depression since his teenage years. Defendant has a history of alcohol and marijuana use. Defendant does not have a valid Colorado driver's license.
Fifth, I find that defendant has suffered juvenile adjudications for Trespass Less Than 200; Curfew Violation [two separate adjudications]; Assault Causing Bodily Injury; and Operating Vehicle While Intoxicated. Defendant has suffered adult convictions for Sexual Assault on a Child by a Person in a Position of Trust - Victim 15-18; Child Abuse - Negligently Causing Serious Bodily Injury; and Attempted Sexual Assault on a Child. Defendant was on parole for Child Abuse - Negligently Causing Serious Bodily Injury; and Attempted Sexual Assault on a Child when he allegedly committed the instant offense. There is an active Protection Order that was issued on December 23, 2011, against the defendant regarding a female victim age 12 out of the Denver County District Court, Case No. 11-CR-5249 and such Protection Order does not expire until June 25, 2022. . The defendant was a Fugitive from Justice back in 2011 and he was extradited back to Colorado in 2011 from Iowa. Defendant is a flight risk and a danger to the community.
In light of these facts, I find, by clear and convincing evidence, that 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 18th day of July 2017.
BY THE COURT
S/ Michael J. Watanabe
Michael J. Watanabe
U.S. Magistrate Judge