Baires-Reyes

United States v. Baires-Reyes

Good Law
191 F. Supp. 3d 1046·2016 WL 3163049·2016 U.S. Dist. LEXIS 74192
United States District Court, Northern District of CaliforniaJune 7, 2016Case No. 15-cr-00122-EMC-2California2,563 words

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.…

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