Opinion
CR 3:21-MJ-70543 MAG
04-16-2021
UNITED STATES OF AMERICA, Plaintiff, v. CAMERON YBARRA, Defendant.
STEPHANIE M. HINDS Acting United States Attorney HALLIE HOFFMAN Chief, Criminal Division ANNE C. HSIEH Assistant United States Attorney Attorneys for United States of America.
STEPHANIE M. HINDS Acting United States Attorney HALLIE HOFFMAN Chief, Criminal Division ANNE C. HSIEH Assistant United States Attorney Attorneys for United States of America.
[PROPOSED] DETENTION ORDER
HONORABLE JACQUELINE S. CORLEY United States Magistrate Judge.
This matter came before the Court on April 15, 2021, for a detention hearing. All parties, including the defendant, appeared by video teleconference. The defendant was represented by Assistant Federal Defender Daniel Blank. Assistant United States Attorney Annie Hsieh appeared for the government. A United States Pretrial Services Agency Officer was also present. Pretrial Services submitted a report that concluded that the defendant posed both a risk of non-appearance and a danger to the community, but that these could be mitigated by a combination of release conditions, and recommended that defendant be released on a $50,000 unsecured bond.
At the hearing, counsel submitted proffers and arguments regarding detention. The government moved for detention, supporting its motion with its written memorandum of points and authorities (ECF Dkt. 5) and oral proffers at the hearing. The defendant opposed detention and requested that the court release the defendant to a halfway house so he could pursue the possibility of entering a residential treatment program with the Department of Veteran Affairs (VA).
Upon consideration of the facts, proffers and arguments presented, and for the reasons stated on the record, the Court finds by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of any other person or the community. Accordingly, the defendant shall be detained pending trial in this matter.
The present order supplements the Court's findings and order at the detention hearing and serves as written findings of fact and a statement of reasons as required by Title 18, United States Code, Section 3142(i)(1). As noted on the record, the bases for the Court's decision include the following findings: (1) the defendant has engaged in highly dangerous conduct in which he openly fired a weapon at another individual outside his residence in San Francisco and was subsequently found with multiple homemade firearms, ammunition, and explosive materials in his home; (2) the defendant's personal history and behavioral health issues may provide an explanation for his conduct, but do not excuse or lessen the danger he poses to the safety of others and the community; (3) the defendant has continued to engage in criminal conduct over the last decade, even while under supervision and despite being repeatedly afforded treatment opportunities from the state court and the VA to address his underlying issues; and (4) there is no assurance at this time that the defendant is or would be eligible for any treatment program that could reasonably mitigate his danger to others and the community. Based on these findings of fact and the reasons stated on the record, the Court finds that there are no conditions or combination of conditions that will reasonably assure the safety of the community if defendant is released. The Court's findings and conclusions are made without prejudice to the defendant's right to seek review of defendant's detention, or file a motion for reconsideration if circumstances warrant it.
Pursuant to 18 U.S.C. § 3142(i), IT IS ORDERED THAT:
1. The defendant be, and hereby is, committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
2. The defendant be afforded reasonable opportunity for private consultation with counsel; and
3. On order of a court of the United States or on request of an attorney for the government, the person in charge of the corrections facility in which the defendant is confined shall deliver the defendant to an authorized United States Marshal for the purpose of any appearance in connection with a court proceeding.
IT IS SO ORDERED.