Free Motion to Revoke - District Court of California - California

C se 3:07-cr-00336-WHA Document 25-7 Filed O7/O5/2007 Page1 0f4
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Case 3:07-cr-00336-WHA Document 16 Filed 06/12/2007 Page 1 of 3
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5 UNITED STATES DISTRICT COURT
6 NORTHERN DISTRICT OF CALIFORNIA
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8 UNITED STATES OF AMERICA, )
9 Plaintiffls), i No. CR07—00336 WHA (BZ)
l0 v. i DETENTION ORDER
ll DEANDRE WATSON i
l2 Defendant. i
l3 -____———~———————___________)
l4 On June 7, 2007, I heard the government’s motion to
15 detain Deandre Watson. Defendant was present and represented
l6 by Scott Sugarman. Assistant United States Attorney William
l7 Frentzen appeared for the United States.
l8 Pretrial Services submitted a report that recommended
l9 detention. Proffers and arguments regarding detention were
20 submitted by the parties at the hearing.
2l Having considered the parties' proffers and the Pretrial ·
22 Services Report, I find that the government has met its burden
23 of showing by a preponderous of the evidence that defendant is
24 a flight risk and of showing by clear and convincing evidence i
25 that the defendant is a danger to the community, and that no
26 conditions of release will reasonably assure the safety of the
27 community.
28 In so finding, I have considered the following factors:
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· Case 3:07—cr—00336-WHA Document 16 Filed 06/12/2007 Page 2 of 3
1 1. Given on of the charges defendant faces,
2 violation of 18 U.S.C. 924(c)(1), it is presumed, subject to
3 rebuttal, that “no condition or combination of conditions will
4 reasonably assure the appearance of the person as required and
5 the safety of the community." gee 18 U.S.C. §§ 3142(e) &
6 (g)(1). Although defendant may have dispelled the presumption
7 of risk of flight, he has failed to dispel the presumption
8 that he is a danger to the community.
9 2. The defendant faces a substantial sentence if
10 convicted. One offense carries a mandatory 7 year minimum
11 sentence to be served consecutive to any sentence for other
12 offenses. The substantial sentence for the instant charges _
13 gives defendant some incentive to flee.
14 3. The defendant’s ties to the community are mixed.
15 He has no employment history, though he is only 18 years old,
16 and his educational record is not good. However, he does have
17 family in the Bay Area and they are willing to sign a bond.
18 If the risk of flight was the only factor in this case, I
19 would likely be willing to release defendant, on the bond his
2O counsel proposed.
21 4. The defendant’s history reveals multiple arrests
22 as a juvenile offender, starting at age 11, for which the
23 dispositions are largely unknown. However, he has spent time
24 at one or more group homes. These arrests were often for
25 conduct involving a weapon.
26 5. The defendant is currently facing state charges
27 for carrying a concealed and loaded weapon. Additionally, a
28 weapon was recovered in defendant’s room during a search of
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1 his mother’s residence by the San Francisco Police Department.
2 6. Although the facts of this case are the least
3 important factor, the instant charges involve the use of a
4 firearm, and the evidence that defendant committed some crime
5 is strong.
6 7. Although defendant did proffer conditions of
7 release that might reasonably assure me that defendant will
8 appear before this court, defendant did not proffer any
9 conditions of release, nor have any occurred to the court,
10 that would reasonably assure the defendant will not present a
11 risk of danger to other persons and the community.
12 Therefore, IT IS HEREBY ORDERED that:
13 1. The defendant be committed to the custody of the
14 Attorney General for confinement in a corrections facility
15 separate, to the extent practicable, from persons awaiting or
16 serving sentences or being held in custody pending appeal;
17 2. The defendant be afforded reasonable opportunity
18 for private consultation with counsel;
19 3. On order of a court of the United States or on
20 request of an attorney for the Government, the person in
21 charge of the corrections facility in which defendant is
22 confined shall deliver defendants to a United States Marshal
23 for the purpose of an appearance in connection with a court
24 proceeding.
25 Dated: June 12, 2007 &
26 Bernar immerman
United Stat agistrate Judge
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