United States v. Moreno, 4:22-cr-00050

Agents intercepted a parcel addressed to Moreno containing two firearm suppressors; search of his home found a Smith & Wesson pistol, ammunition, 40 g methamphetamine, 54 g fentanyl (packaged for sale), cash, phones, and small heroin; Moreno admitted ordering suppressors, possessing the gun to "protect the drugs," and selling drugs.
Moreno was indicted on counts including felon-in-possession (18 U.S.C. § 922(g)), possession with intent to distribute methamphetamine and fentanyl (21 U.S.C. § 841), and possessing a firearm in furtherance of a drug-trafficking offense (18 U.S.C. § 924(c)).
Magistrate ordered pretrial detention; Moreno was briefly released Jan 6, 2022 to a 90‑day inpatient program at Community Bridges, Inc. (CBI).
While at CBI Moreno was found with contraband and tested positive for methamphetamine; CBI requested discharge and Moreno was taken back into custody and the government moved to revoke release.
On de novo review the district court applied the Bail Reform Act framework (presumption of detention triggered by probable cause for qualifying drug/924(c) offenses), considered § 3142(g) factors, and evaluated whether CBI placement or other conditions would reasonably assure appearance and community safety.
The court held Moreno failed to rebut the presumption and that no combination of conditions (including CBI placement) would mitigate his flight risk or danger to the community, and it affirmed the detention order.

Issue	Plaintiff's Argument (Government)	Defendant's Argument (Moreno)	Held
Whether the presumption of detention under 18 U.S.C. § 3142(e)(3) applies and was rebutted	Presumption applies (probable cause for drug offenses and § 924(c)); Moreno produced no sufficient evidence to rebut	Acceptance into inpatient treatment at CBI and Tucson ties constitute changed circumstances that rebut presumption	Presumption applies and Moreno failed to produce sufficient rebuttal; detention affirmed
Whether inpatient placement at CBI and proposed conditions would reasonably assure appearance and community safety	CBI is insufficient: Moreno violated CBI rules, tested positive, has history of failures to appear and violent/w weapons convictions; no post‑treatment plan	CBI inpatient program, family ties, and stated willingness to accept consequences will ensure compliance	CBI program and proposed conditions are insufficient (90‑day program, no post‑treatment plan); detention affirmed
How the § 3142(g) factors weigh (nature of offense; weight of evidence; history/character; danger)	Firearm + drugs + defendant admissions, strong evidence; significant criminal history and weaponized conduct support detention	Offenses are non‑violent; drug quantities and trafficking role are not extreme; argues mitigations in ties/job	Court found factors overall favor detention: strong evidence, weapon possession despite felon status, significant criminal/substance history, prior failures to appear

United States v. Koenig, 912 F.2d 1190 (9th Cir. 1990) (district court reviews magistrate detention orders de novo)
United States v. Hir, 517 F.3d 1081 (9th Cir. 2008) (presumption of detention shifts burden of production to defendant)
United States v. Motamedi, 767 F.2d 1403 (9th Cir. 1985) (release required under least restrictive conditions; doubts resolved in defendant's favor)
Kaley v. United States, 571 U.S. 320 (U.S. 2014) (indictment can trigger rebuttable presumption of detention)
U.S. v. Stone, 608 F.3d 939 (6th Cir. 2010) (defendant must introduce at least some evidence to rebut presumption)
United States v. Townsend, 897 F.2d 989 (9th Cir. 1990) (court may consider sentencing exposure and incentive to flee when weighing detention)