Baires-Reyes
United States v. Baires-Reyes
Opinion
Lead Opinion
Chen, J.
ORDER GRANTING DEFENDANT’S ... MOTION TO DISMISS
I. INTRODUCTION
On-January 20, 2015, Defendants Jonathan Flores-Ayar and Kevin Baires-Reyes allegedly committed an armed robbery of a Quick Pick Market in Daly City. Docket No. 1 (Compl.) at ¶ 9. Flores-Ayar allegedly pointed a gun at the Quick Pick Market employee, and demanded money and a bottle of Hehnessy cognac liquor, which the employee gave him. Id. The two then fled on foot. Id. Following their arrest, on February 5, 2015, Flores-Ayar and Baires-Reyes were indicted on two charges: (1) conspiracy to commit robbery affecting interstate commerce, per 18 U.S.C. § 1951 (a) (Hobbs Act); and (2) possession and brandishing of a firearm in furtherance of a crime of violence, per 18 U.S.C. § 924 (c).
On May 25, 2016, Baires-Reyes’s motion to dismiss the second count of the indictment came on for. hearing before the Court. Docket No. 70 (Mot.). For the reasons stated below, the Court GRANTS Baires-Reyes’s motion to dismiss the second count.
II. DISCUSSION
Section 924(c) provides mandatory minimum penalties for conduct involving a firearm in relation to an underlying offense, which as charged in this ease is a crime of violence.…