United States v. Burrell
4:18-cr-00038
N.D. Cal.Feb 23, 2018Background
- Defendant Aramiya Robert Burrell is charged under 18 U.S.C. § 922(g)(1) for being a felon in possession of a loaded firearm and ammunition.
- Police observed Burrell driving erratically; when approached he fled, tossed his loaded gun and cell phone during a foot chase, and was later found hiding in a garbage can.
- The firearm and cell phone were recovered together at the location where Burrell jumped a fence while fleeing.
- Burrell has a significant criminal history including multiple serious felony convictions (carjacking, burglary, robbery) and prior parole/probation violations; government proffered gang affiliation and prior flight from police.
- Defense offered three employment-stable, no-criminal-history co-signers and a letter describing participation in a rehabilitative program; the court found those factors inconsistent with the charged conduct.
- Pretrial Services recommended detention; the court held a detention hearing and found the government met its burden to show danger to the community by clear and convincing evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Burrell should be detained pretrial as a danger to the community | Government: Burrell’s flight, possession of a loaded firearm as a felon, serious violent criminal history, gang ties, and prior noncompliance show danger and risk that no conditions can mitigate | Defense: Proposed co-signers, community program participation, and supervised release conditions would mitigate risk and assure safety | Court: Detention ordered — government met clear and convincing burden that no conditions will reasonably assure community safety |
| Weight of the evidence factor under § 3142(g) | Government: Strong evidence — gun thrown during flight, recovered with phone at scene | Defense: Challenged implications; urged consideration with mitigating factors | Court: Found weight of evidence strong and concerning |
| Whether proposed release conditions (co-signers, program participation) reasonably assure safety | Government: Conditions insufficient given conduct and history | Defense: Co-signers and program participation can ensure compliance | Court: Rejected—found inconsistency between claimed rehabilitation and charged conduct; conditions inadequate |
| Applicability of Bail Reform Act standards and burden of proof | Government: Must prove danger by clear and convincing evidence | Defense: Claimed doubts should favor release | Court: Applied standards; in close cases favor release but found this not a close case and ordered detention |
Key Cases Cited
- United States v. Chen, 820 F. Supp. 1205 (N.D. Cal. 1992) (doubts regarding propriety of release should be resolved in favor of the defendant)
- United States v. Motamedi, 767 F.2d 1403 (9th Cir. 1985) (enumerates factors to consider under the Bail Reform Act)
