NOTICE OF REQUEST FOR DETENTION filed by Plaintiff USA as to Defendant Arman… — USA v. Ayvazyan et al (Dkt. 169)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 169 · 2021-03-09 · Docket on CourtListener

Summary

The government's notice of request for detention of defendant Arman Hayrapetyan, filed March 9, 2021 in United States v. Ayvazyan, No. 2:20-cr-00579-SVW, in the U.S. District Court for the Central District of California, as Doc. 169. The United States requests detention of the defendant and gives notice of material factors on a checklist form. The form sets out grounds for temporary detention under § 3142(d), pretrial detention under § 3142(e), detention pending a revocation hearing, statutory presumptions, and the categories of cases that entitle the government to a detention hearing under § 3142(f). It is dated March 8, 2021 and signed for Acting United States Attorney Tracy L. Wilkison by Assistant United States Attorneys Brian Faerstein and Scott Paetty. The form is five pages.

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FILED
CLERI:, U.S. DISTRICT COURT
03/09/2021
fENTRAI. DI TRICT OF CALIFORNIA
TRACY L. WILKISON 
BY: 
D~"I 
DEPUTY
Acting United States Attorney
BRANDON D. FOX
Assistant United States Attorney
Chief, Criminal Division
SCOTT PAETTY (Cal. Bar No. 274719)
BRIAN FAERSTEIN (Cal. Bar No. 274850)
Assistant United States Attorneys
Major Frauds/Environmental and Community Safety Crimes Sections
1100/1300 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-6527/3819
Facsimile: (213) 894-6269/0141
E-mail: 
Scott.Paetty@usdoj.gov/Brian.Faerstein@usdoj.gov
DANIEL A. KAHN
Acting Chief, Fraud Section
Criminal Division, U.S. Department of Justice
CHRISTOPHER FENTON
Trial Attorney, Fraud Section
Criminal Division, U.S. Department of Justice
1400 New York Avenue NW, 3rd Floor
Washington, DC 20530
Telephone: (202) 320-0539
Facsimile: (202) 514-0152
E-mail: 
Christopher.Fenton@usdoj.gov
Attorneys for Plaintiff
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
ARMAN HAYRAPETYAN,
Defendant.
CR 20-00579(A)-SVW-6
GOVERNMENT'S NOTICE OF REQUEST FORT
DETENTION
Plaintiff, United States of America, by and through its counsel
of record, hereby requests detention of defendant and gives notice of
the following material factors:
Case 2:20-cr-00579-SVW     Document 169     Filed 03/09/21     Page 1 of 5   Page ID
#:1266

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1. 
Temporary 10-day Detention Requested (~ 3142(d)) on the
following grounds:
K a. 
present offense committed while defendant was on release
pending (felony trial),
K b. 
defendant is an alien not lawfully admitted for
permanent residence; and
K c. 
defendant may flee; or
K d. 
pose a danger to another or the community.
2. 
Pretrial Detention Requested (~ 3142(e)) because no
condition or combination of conditions will reasonably
assure:
a. 
the appearance of the defendant as required;
b. 
safety of any other person and the community.
3. 
Detention Requested Pending Supervised Release/Probation
Revocation Hearing (Rules 32.1(a)(6), 46(d), and 18 U.S.C.
~ 3143(a)):
a. 
defendant cannot establish by clear and convincing
evidence that he/she will not pose a danger to any
other person or to the community;
K b. 
defendant cannot establish by clear and convincing
evidence that he/she will not flee.
4. 
Presumptions Applicable to Pretrial Detention (18 U.S.C.
~ 3142(e)):
a. 
Title 21 or Maritime Drug Law Enforcement Act (~~MDLEA")
(46 U.S.C. App. 1901 et seq.) offense with 10-year or
2
Case 2:20-cr-00579-SVW     Document 169     Filed 03/09/21     Page 2 of 5   Page ID
#:1267

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greater maximum penalty (presumption of danger to
community and flight risk);
b. 
offense under 18 U.S.C. ~~ 924(c), 956(a), 2332b, or
2332b(g)(5)(B) with 10-year or greater maximum penalty
(presumption of danger to community and flight risk);
K c. 
offense involving a minor victim under 18 U.S.C.
~§ 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251,
2251A, 2252 (a) (1) - (a) (3) , 2252A(a) (1)-2252A(a) (4) ,
2260, 2421, 2422, 2423 or 2425 (presumption of danger
to community and flight risk);
d. 
defendant currently charged with an offense described
in paragraph 5a - 5e below, AND defendant was
previously convicted of an offense described in
paragraph 5a - 5e below (whether Federal or
State/local), AND that previous offense was committed
while defendant was on release pending trial, AND the
current offense was committed within five years of
conviction or release from prison on the above-
described previous conviction (presumption of danger to
community).
5. 
Government Is Entitled to Detention Hearing Under § 3142 (f)
If the Case Involves:
K a. 
a crime of violence (as defined in 18 U.S.C.
~ 3156(a)(4)), a violation of 18 U.S.C. ~ 1591, or
Federal crime of terrorism (as defined in 18 U.S.C.
~ 2332b(g)(5)(B)) for which maximum sentence is 10
years' imprisonment or more;
3
Case 2:20-cr-00579-SVW     Document 169     Filed 03/09/21     Page 3 of 5   Page ID
#:1268

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K 
b. 
an offense for which maximum sentence is life
imprisonment or death;
K c. 
Title 21 or MDLEA offense for which maximum sentence is
10 years' imprisonment or more;
d. 
any felony if defendant has two or more convictions for
a crime set forth in a-c above or for an offense under
state or local law that would qualify under a, b, or c
if federal jurisdiction were present, or a combination
or such offenses;
K e. 
any felony not otherwise a crime of violence that
involves a minor victim or the possession or use of a
firearm or destructive device (as defined in 18 U.S.C.
~ 921), or any other dangerous weapon, or involves a
failure to register under 18 U.S.C. ~ 2250;
f. 
serious risk defendant will flee;
K g. 
serious risk defendant will (obstruct or attempt to
obstruct justice) or (threaten, injure, or intimidate
prospective witness or juror, or attempt to do so).
6. 
Government requests continuance of 
days for detention
hearing under § 3142 (f) and based upon the following
reason(s):
//
//
//
Case 2:20-cr-00579-SVW     Document 169     Filed 03/09/21     Page 4 of 5   Page ID
#:1269

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K 
7. 
Good cause for continuance in excess of three days exists in
that:
Dated: March 8, 2021
Respectfully submitted,
TRACY L. WILKISON
Acting United States Attorney
BRANDON D. FOX
Assistant United States Attorney
Chief, Criminal Division
~=~
BRIAN FAERSTEIN
SCOTT PAETTY
Assistant United States Attorneys
Attorneys for Plaintiff
UNITED STATES OF AMERICA
5
Case 2:20-cr-00579-SVW     Document 169     Filed 03/09/21     Page 5 of 5   Page ID
#:1270

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