United States District Court, D. Arizona
Honorable John Z. Boyle United States Magistrate Judge.
October 25, 2018, an initial appearance was held for
Defendant Brandon Ball. (Doc. 20.) On November 7, 2018, the
Court heard argument from the parties regarding detention.
The Court has also considered the pretrial service reports,
both memoranda (docs. 44, 45), exhibits, and proffers of the
parties. The Court finds Defendant's detention as a
flight risk is required under the Bail Reform Act.
age 46, is an Arizona resident. He has prior convictions for
Theft (1995), Assault (2004), and False Reporting to Police
(2006). He has prior felony convictions for Theft of Means of
Transportation (2004), Burglary (2004), and Possession of
Marijuana (2007). Defendant has no noted international travel
except for a vacation cruise.
family and friends were present in court on his behalf during
the detention hearing. Almost a dozen people were present
from the community, and several of those individuals wrote
letters to the Court on Defendant's behalf. The Court
reviewed the 13 letters contained in Defendant's
memorandum. (Doc. 44.) Those individuals expressed an
admiration for Defendant's sobriety and his substantial
efforts assisting others in the sobriety community.
Court also notes the government stated that its evidence
demonstrates Defendant gambled millions of dollars (“up
to nine million dollars”) at the Salt River Casinos.
Defendant is unemployed. The government asserts that during
“the execution of the search warrant on defendant's
residence, agents found and seized nearly $80, 000 in U.S.
currency in multiple locations in and around” his
master bedroom. (Doc. 45 at 2.)
The Bail Reform Act.
government seeks the detention of Defendant on the ground
that he is a serious flight risk and no release condition or
combination of conditions exist that would reasonably assure
his appearance at future court proceedings if released. After
considering the memoranda, exhibits, proffers, argument, and
all of the factors set forth in 18 U.S.C. §3142(g), the
Court finds that the government has proven by a preponderance
of the evidence that Defendant is a serious flight risk and
no combination of conditions exist that would reasonably
assure his appearance at future court proceedings.
Standard of Review.
Bail Reform Act, 18 U.S.C. §§ 3141-3150, mandates
the release of a person pending trial unless the court
“[f]inds that no condition or combination of conditions
will reasonably assure the appearance of the person as
required and the safety of any other person and the
community.” United States v. Hir, 517 F.3d
1081, 1086 (9th Cir. 2008) (quoting 18 U.S.C. §
3142(e)). This Court engages in a two-step inquiry before
ordering a defendant either be released or detained pending
trial. First, the Court must determine whether a defendant
presents a “serious risk that [the defendant] will
flee, ” if released from custody. 18 U.S.C. §
3142(f)(2)(A)). Second, if a defendant is likely to flee, the
Court must determine whether some set of conditions would
sufficiently vitiate that risk. 18 U.S.C. § 3142(g). The
government bears the burden of showing by a preponderance of
the evidence that the defendant poses a flight risk.
United States v. Gebro, 948 F.2d 1118, 1121 (9th
determining whether release conditions exist that would
reasonably assure a defendant's appearance, Section
3142(g) requires a district court to consider the following
(1) the nature and circumstances of the offense charged,
including whether the offense is a crime of violence, a
violation of section 1591, a Federal crime of terrorism, or
involves a minor victim or a controlled substance, firearm,
explosive, or destructive device;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person,