Federal Judge Denied Dr. Bararia’s Motion for Release Pending Execution of Sentence
Finding that Dr. Vinay Bararia has not provided any reasons for seeking release are exceptional, and has not shown by clear and convincing evidence that he is not a danger to the community, Judge Dorsey denied his motion of release.
Vinay Bararia has been detained since November 7, 2012, after he violated the conditions of his pretrial release. During the protracted period of his pretrial detention, Bararia has made numerous requests for his release pending trial, all of which were denied.
After his original arrest, Bararia surrendered his DEA certificate of registration and acknowledged that he was “prohibited from ordering, possessing, dispensing or prescribing any controlled substances.” However, on May 2, 2012, Bararia violated that condition “by writing prescriptions for a variety of controlled substances on behalf of several patients,” and was arrested again. Magistrate Judge Hoffman gave Bararia a second chance to comply with his release conditions. But Bararia recommenced prescribing controlled substances the very next day—this time using other doctors’ names and DEA numbers.
On November 7, 2012, Magistrate Judge Hoffman found Bararia was a danger to the community and revoked his pretrial release. Bararia’s subsequent challenges to his continued detention proved unsuccessful. He has been continuously detained now since October 18, 2012.
On December 18, 2013, Judge Dorsey accepted Bararia’s guilty plea. On September 16, 2014, following several continuances and an evidentiary hearing, Judge Dorsey sentenced Bararia to 44 months of incarceration for distributing a controlled substance.
On September 17, 2014, one day after Federal Judge Jennifer Dorsey sentenced him 44 months for distribution of a controlled substance, Bararia moved once more for release from detention until commencement of his sentence. After the sentencing hearing Bararia asked that he be released from pretrial custody and be permitted to self-surrender at the federal penitentiary at which he will serve the remainder of his sentence.
Finding that Bararia has not provided any reasons for seeking release are exceptional, and has not shown by clear and convincing evidence that he is not a danger to the community, Judge Dorsey denied his motion of release.
Currently Dr. Vinay Bararia (registration no. 46626-048) is incarcerated at the low security Federal Correctional Institution (shown above) at Lompoc, California. Dr. Bararia is scheduled to be released on Thursday, December 10th, 2015.