The attorney representing Miske co-defendant Jarrin Young has filed a notice that he is appealing the question of Young’s continued detention to the 9th Circuit Court of Appeals in San Francisco.

William Shipley has made several attempts to obtain Young’s release on bond pending trial. Magistrate Judge Ken Mansfield ruled against Young’s release in 2022, and again earlier this year. Shipley then appealed the issue to Judge Derrick Watson, who again ruled against Young’s release.

Shipley has argued that if Young remains in custody, he will have been held approximately 43 months by the time the trial, now scheduled to begin in January, is completed. Shipley points to several cases in which significantly shorter periods of detention were held to be due process violations.

Young’s appeal is not yet list on the 9th Circuit’s website.

However, Judge Watson’s recent order, dated April 7, spelled out his reasons for rejecting Young’s appeal.

Young is charged in three of the 22 counts in the third superseding indictment. He is charged with being part of Miske’s alleged racketeering conspiracy, conspiring to distribute drugs, including cocaine and meth, and carrying/using a firearm in a drug trafficking crime.

The drug conspiracy charge carries a 10-year minimum sentence if he is convicted, and a conviction on the weapon’s charge would add another 5 years minimum. The racketeering charge carries a 20-year maximum.

Watson pointed to the three issues to be considered. First, the length of the pretrial detention. Second, the prosecution’s contribution to the delay. And third, the evidence supporting detention under the Bail Reform Act.

Watson ruled that the time behind bars is “clearly” a factor that weights in favor of recognizing a due process violation.

However, Watson found both of the other two factors to weigh in favor of continued detention.

“Based on the current record, it is not evident that the governmenthas contributed meaningfully to the delay in Young’s detention,” Watson argued in his order.

He found that it has been the amount of evidence to be processed during discovery, rather than the manner of the government’s handling of it, that accounts for the delay, rather than a due process violation.

And, finally, Watson noted reports prepared by the court’s Pretrial Services which found he had previously violated probation “on multiple occasions,” failed to report for drug testing on multiple occasions, has “convictions for criminal property damage, robbery, and three couints of terroristic threatening,” as well as a history of substance abuse and lack of employment since 2017.

Watson notes the government assertion that it will present evidence Young was involved in drug dealing, including wiretaps.

These last factors “weigh in favor” of continued detention.

Watson’s order concludes that while the decision “is far from an obvious call,” the majority of factors “do not weigh in Young’s favor.”

Shipley’s arguments to the 9th Circuit will be reported here when the appeal becomes available,