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United States v. Burrell
4:18-cr-00038
N.D. Cal.
Feb 23, 2018
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Background

  • 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)
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Case Details

Case Name: United States v. Burrell
Court Name: District Court, N.D. California
Date Published: Feb 23, 2018
Citation: 4:18-cr-00038
Docket Number: 4:18-cr-00038
Court Abbreviation: N.D. Cal.