NOTICE OF REQUEST FOR DETENTION filed by Plaintiff USA as to Defendant Artur Ayvazyan — USA v. Ayvazyan et al (Dkt. 17)

Record facts

U.S. District Court for the Central District of California · No. 2:20-mj-05321-DUTY · Doc. 17 · 2020-11-03 · Docket on CourtListener

Summary

The Government's Notice of Request for Detention in United States of America v. Artur Ayvazyan, No. 2:20-mj-05321-DUTY, in the U.S. District Court for the Central District of California, filed November 3, 2020 as Document 17. The United States, through the United States Attorney's office, requests detention of the defendant and gives notice of material factors on a checkbox form. The form's options cover temporary 10-day detention under § 3142(d), pretrial detention under § 3142(e), detention pending a revocation hearing under 18 U.S.C. § 3143(a), statutory presumptions, grounds for a detention hearing under § 3142(f), and a request for a continuance. The notice runs five pages and is signed by an Assistant United States Attorney.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

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NICOLA T. HANNA 
United States Attorney 
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BRANDON D. FOX 
Assistant United States Attorney 
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Chief, Criminal Division 
JULIAN L. ANDRE (Cal. Bar No. 251120) 
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Assistant United States Attorney 
Major Frauds Section 
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1100 United States Courthouse 
312 North Spring Street 
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Los Angeles, California 90012 
Telephone: (213) 894-6683 
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Facsimile: (213) 894-6269 
E-mail: 
julian.l.andre@usdoj.gov 
Attorneys for Plaintiff 
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UNITED STATES OF AMERICA 
FILED 
n.EIII(, li.S. DISTIUCT COURT 
111,3,20201 
Cl:'iTllAL IIISTRICT OF CALIFOB."<IA 
BY: ______ J __ ,,. ____ DEPUTY 
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UNITED STATES DISTRICT COURT 
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FOR THE CENTRAL DISTRICT OF CALIFORNIA 
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UNITED STATES OF AMERICA, 
No. CR 
2:20-mj-05321-DUTY 
GOVERNMENT'S NOTICE OF REQUEST FOR 
DETENTION 
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Plaintiff, 
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v. 
15 ARTUR AYVAZYAN, 
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aka "Arthur Ayvazyan,u 
Defendant. 
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: 
□ 1. 
Temporary 10-day Detention Requested (§ 3142(d)) on the 
following grounds: 
D 
a. 
0 b. 
present offense committed while defendant was on release 
pending (felony trial), 
defendant is an alien not lawfully admitted for 
permanent residence; and 
Case 2:20-mj-05321-DUTY     Document 17     Filed 11/03/20     Page 1 of 5   Page ID #:45

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□ 
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2. 
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c.
defendant may flee; or
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pose a danger to another or the community.
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.
Detention Requested Pending Supervised Release/Probation 
Revocation Hearing (Rules 32.l(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;
b.
defendant cannot establish by clear and convincing
evidence that he/she will not flee.
Presumptions Applicable to Pretrial Detention (18 U.S.C. 
§ 3142(e)):
a. 
b. 
c. 
Title 21 or Maritime Drug Law Enforcement Act ("MDLEA") 
(46 U.S.C. App. 1901 et seq.) offense with 10-year or 
greater maximum penalty (presumption of danger to 
community and flight risk); 
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); 
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), 
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Case 2:20-mj-05321-DUTY     Document 17     Filed 11/03/20     Page 2 of 5   Page ID #:46

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□ 
[8;] 
5. 
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d. 
2260, 2421, 2422, 2423 or 2425 (presumption of danger 
to community and flight risk); 
defendant currently charged with an offense described 
in paragraph Sa - Se below, AND defendant was 
previously convicted of an offense described in 
paragraph Sa - Se 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) . 
Government Is Entitled to Detention Hearing Under § 3142(f) 
If the Case Involves: 
a. 
b. 
c. 
d. 
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; 
an offense for which maximum sentence is life 
imprisonment or death; 
Title 21 or MDLEA offense for which maximum sentence is 
10 years' imprisonment or more; 
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 
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Case 2:20-mj-05321-DUTY     Document 17     Filed 11/03/20     Page 3 of 5   Page ID #:47

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II 
e. 
f. 
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if federal jurisdiction were present, or a combination 
or such offenses; 
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; 
serious risk defendant will flee; 
serious risk defendant will (obstruct or attempt to 
obstruct justice) or (threaten, injure, or intimidate 
prospective witness or juror, or attempt to do so). 
Government requests continuance of ___ days for detention 
hearing under § 3142(f) and based upon the following 
reason(s): 
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Case 2:20-mj-05321-DUTY     Document 17     Filed 11/03/20     Page 4 of 5   Page ID #:48

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□
7.
Good cause for continuance in excess of three days exists in 
that: 
Dated: November 3, 2020 
Respectfully submitted, 
NICOLA T. HANNA 
United States Attorney 
BRANDON D. FOX 
Assistant United States Attorney 
Chief, Criminal Division 
 ,4.""-." 
N - AND1lf 
Assistant United States Attorney 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
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Case 2:20-mj-05321-DUTY     Document 17     Filed 11/03/20     Page 5 of 5   Page ID #:49

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