Government’s Notice of Request for Detention — United States v. Ayvazyan (Dkt. 4, C.D. Cal.)

Summary

In a notice filed October 20, 2020 in United States v. Richard Ayvazyan, No. CR 2:20-mj-05081-duty, docketed as Document 4 in Case 2:20-cr-00579-SVW, the government requests detention of the defendant. On the form, the box for pretrial detention under § 3142(e) is checked, on the ground that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of any other person and the community. The form checks the government's entitlement to a detention hearing under § 3142(f), citing a serious risk the defendant will flee. The boxes for temporary 10-day detention, detention pending a supervised release or probation revocation hearing, the statutory presumptions and a continuance are not checked. Assistant United States Attorney Julian L. André signed the notice; the signature block names United States Attorney Nicola T. Hanna.

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Record facts

Full text

Case 2:20-cr-00579-SVW Document 4 Filed 10/20/20 Page 1 of 5 Page ID #:100

1 NICOLA T. HANNA 10/20/2020
United States Attorney
2 BRANDON D. FOX JB

Assistant United States Attorney
3 Chief, Criminal Division
JULIAN L. ANDRÉ (Cal. Bar No. 251120)
4 Assistant United States Attorney
Major Frauds Section
5 1100 United States Courthouse
312 North Spring Street
6 Los Angeles, California 90012
Telephone: (213) 894-6683
7 Facsimile: (213) 894-6269
E-mail: julian.l.andre@usdoj.gov
8
Attorneys for Plaintiff
9 UNITED STATES OF AMERICA

10 UNITED STATES DISTRICT COURT

11 FOR THE CENTRAL DISTRICT OF CALIFORNIA

12 UNITED STATES OF AMERICA, No. CR 2:20-mj-05081-duty

13 Plaintiff, GOVERNMENT’S NOTICE OF REQUEST FOR
DETENTION
14 v.

15 RICHARD AYVAZYAN,

16 Defendant.

17

18 Plaintiff, United States of America, by and through its counsel
19 of record, hereby requests detention of defendant and gives notice of
20 the following material factors:
21 ☐ 1. Temporary 10-day Detention Requested (§ 3142(d)) on the
22 following grounds:
23 ☐ a. present offense committed while defendant was on release
24 pending (felony trial),
25 ☐ b. defendant is an alien not lawfully admitted for
26 permanent residence; and
27

28
Case 2:20-cr-00579-SVW Document 4 Filed 10/20/20 Page 2 of 5 Page ID #:101

1 ☐ c. defendant may flee; or

2 ☐ d. pose a danger to another or the community.
3 ☒ 2. Pretrial Detention Requested (§ 3142(e)) because no
4 condition or combination of conditions will reasonably
5 assure:
6 ☒ a. the appearance of the defendant as required;
7 ☒ b. safety of any other person and the community.
8 ☐ 3. Detention Requested Pending Supervised Release/Probation
9 Revocation Hearing (Rules 32.1(a)(6), 46(d), and 18 U.S.C.
10 § 3143(a)):
11 ☐ a. defendant cannot establish by clear and convincing
12 evidence that he/she will not pose a danger to any
13 other person or to the community;
14 ☐ b. defendant cannot establish by clear and convincing
15 evidence that he/she will not flee.
16 ☐ 4. Presumptions Applicable to Pretrial Detention (18 U.S.C.
17 § 3142(e)):
18 ☐ a. Title 21 or Maritime Drug Law Enforcement Act (“MDLEA”)
19 (46 U.S.C. App. 1901 et seq.) offense with 10-year or
20 greater maximum penalty (presumption of danger to
21 community and flight risk);
22 ☐ b. offense under 18 U.S.C. §§ 924(c), 956(a), 2332b, or
23 2332b(g)(5)(B) with 10-year or greater maximum penalty
24 (presumption of danger to community and flight risk);
25 ☐ c. offense involving a minor victim under 18 U.S.C.
26 §§ 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251,
27 2251A, 2252(a)(1)-(a)(3), 2252A(a)(1)-2252A(a)(4),
28

2
Case 2:20-cr-00579-SVW Document 4 Filed 10/20/20 Page 3 of 5 Page ID #:102

1 2260, 2421, 2422, 2423 or 2425 (presumption of danger

2 to community and flight risk);

3 ☐ d. defendant currently charged with an offense described
4 in paragraph 5a - 5e below, AND defendant was
5 previously convicted of an offense described in
6 paragraph 5a - 5e below (whether Federal or
7 State/local), AND that previous offense was committed
8 while defendant was on release pending trial, AND the
9 current offense was committed within five years of
10 conviction or release from prison on the above-
11 described previous conviction (presumption of danger to
12 community).
13 ☒ 5. Government Is Entitled to Detention Hearing Under § 3142(f)
14 If the Case Involves:
15 ☐ a. a crime of violence (as defined in 18 U.S.C.
16 § 3156(a)(4)), a violation of 18 U.S.C. § 1591, or
17 Federal crime of terrorism (as defined in 18 U.S.C.
18 § 2332b(g)(5)(B)) for which maximum sentence is 10
19 years’ imprisonment or more;
20 ☐ b. an offense for which maximum sentence is life
21 imprisonment or death;
22 ☐ c. Title 21 or MDLEA offense for which maximum sentence is
23 10 years’ imprisonment or more;
24 ☐ d. any felony if defendant has two or more convictions for
25 a crime set forth in a-c above or for an offense under
26 state or local law that would qualify under a, b, or c
27

28

3
Case 2:20-cr-00579-SVW Document 4 Filed 10/20/20 Page 4 of 5 Page ID #:103

1 if federal jurisdiction were present, or a combination

2 or such offenses;

3 ☐ e. any felony not otherwise a crime of violence that
4 involves a minor victim or the possession or use of a
5 firearm or destructive device (as defined in 18 U.S.C.
6 § 921), or any other dangerous weapon, or involves a
7 failure to register under 18 U.S.C. § 2250;
8 ☒ f. serious risk defendant will flee;
9 ☐ g. serious risk defendant will (obstruct or attempt to
10 obstruct justice) or (threaten, injure, or intimidate
11 prospective witness or juror, or attempt to do so).
12 ☐ 6. Government requests continuance of _____ days for detention
13 hearing under § 3142(f) and based upon the following
14 reason(s):
15

16

17

18

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27 //
28 //
4
Case 2:20-cr-00579-SVW Document 4 Filed 10/20/20 Page 5 of 5 Page ID #:104

1 ☐ 7. Good cause for continuance in excess of three days exists in

2 that:

3

4

5

6

7

8 Dated: October 20, 2020 Respectfully submitted,
9 NICOLA T. HANNA
United States Attorney
10
BRANDON D. FOX
11 Assistant United States Attorney
Chief, Criminal Division
12

13
JULIAN L. ANDRÉ
14 Assistant United States Attorney
15 Attorneys for Plaintiff
UNITED STATES OF AMERICA
16

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