Notice of Motion and Motion to Modify Conditions of Release — USA v. Ayvazyan et al. (Dkt. 117, C.D. Cal.)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00579-SVW · Doc. 117 · 2021-02-12 · Docket on CourtListener

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THOMAS A. MESEREAU, JR. 
Mesereau Law Group 
10100 Santa Monica Blvd, Suite 300 
Los Angeles, CA 90067 
310-651-9960 
mesereau@mesereaulaw.com 
 
JENNIFER J. WIRSCHING 
1935 Alpha Rd, Suite 216 
Glendale, CA 91208 
424-901-9280 
wirschinglaw@outlook.com 
 
Attorneys for  
ARTUR AYVAZYAN 
 
 
UNITED STATES DISTRICT COURT 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
 
UNITED STATES OF AMERICA, 
 
 
Plaintiff, 
              vs 
 
ATRUR AYVAZYAN, 
 
 
Defendant.  
 
 
 
___________________________________ 
 
 
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Case No. 2:20-CR-00579-SVW-3 
 
MOTION TO MODIFY 
CONDITIONS OF PRETRIAL 
RELEASE      
 
COMES NOW, Defendant, Artur Ayvazyan by and through counsel Thomas A. Mesereau, 
Jr. and Jennifer J. Wirsching, and pursuant to the Federal Rules of Criminal Procedure, respectfully 
request this Honorable Court modify the terms of Mr. Ayvazyan’s pretrial release to facilitate his 
compliance with the condition that he maintain employment. Circumstances have changed since Mr. 
Ayvazyan’s initial release as his $100,000 bond is now secured by property.  Mr. Ayvazyan’s current 
conditions include requirements that he remain within the Central District of California, and that he 
remain in his home unless he has pre-approval from Pre-Trial Services for exceptions such as 
Case 2:20-cr-00579-SVW     Document 117     Filed 02/12/21     Page 1 of 6   Page ID #:819

 
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employment. Mr. Ayvazyan request that this Honorable Court remove the requirement that he remain 
in his home without pre-approval from Pre-Trial Services, and asks that he be allowed to travel 
within the state of California for work, rather than being confined to the Central District of 
California.  
 
Mr. Ayvazyan is a truck driver. His daily work schedule often varies significantly at the last 
minute due to conditions outside of his control. When Mr. Ayvazyan arrives to work with his semi-
truck, he has no control over when the trailer will actually be loaded. Frequently, the shipper is busy 
with other trucks, or the items to be loaded onto Mr. Ayvazyan’s truck are late in arriving. When he 
arrives with his trailer at his destination, he has no control over how busy the receiver’s dock is, and 
is frequently delayed waiting with his merchandise for long periods of time. This causes direct and 
serious conflict with his requirement to both be at his residence at curfew, and his ability to get pre-
approval from Pre-Trial Services. Additionally, employment assignments for many companies 
require travel into other districts of California. Mr. Ayvazyan seeks only to provide for his wife and 
children.  
 
Pre-Trial Services states that now that Mr. Ayvazyan’s bond is secured by property, these 
two modifications to his conditions of release would not cause any increase in risk of non-appearance 
or in danger to the community. Pre-Trial Services has no objection to Mr. Ayvazyan being allowed to 
travel within the state of California. Pre-Trial Services has no objection to Mr. Ayvazyan being 
removed from home detention. Mr. Ayvazyan would remain on electronic monitoring. AUSA 
Christopher Fenton advised counsel that the Government opposes the removal of the condition of 
home detention.  
Said Motion is based on this introduction, the attached Declaration of Jennifer Wirsching, 
Esq., and the complete files and records of this action.  
Case 2:20-cr-00579-SVW     Document 117     Filed 02/12/21     Page 2 of 6   Page ID #:820

 
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DECLARATION OF JENNIFER J. WIRSCHING 
 
1. 
I, Jennifer J. Wirsching, an attorney licensed to practice law before all of the courts of 
the State of California, all federal District Courts in California, the District of 
Colorado, the Ninth Circuit Court of Appeals, and the Tenth Circuit Court of 
Appeals, am an attorney of record for Artur Ayvazyan. 
2. 
On November 6, 2020, Mr. Ayvazyan was put under conditions of pretrial release 
(Doc. 5). 
3. 
I have been informed and believe that Mr. Ayvazyan’s bond is now fully secured by 
property.  
4. 
The terms of release include home confinement with an exception for pre-approved 
times of employment.  
5. 
I have been informed and believe that due to conditions outside of Mr. Ayvazyan’s 
control, his work hours vary widely at the last minute, which makes it virtually 
impossible for him to both obtain “pre” approval, and for him to return to his 
residence at the “pre-approved” time.  
6. 
I have been informed and believe that Mr. Ayvazyan has no control over when 
shippers load his truck, or when receivers unload his truck. 
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7. 
I have been informed and believe that trucking work often requires the truck driver to 
transport goods outside the central district of California.  
8. 
I have spoken to Pre-Trial Services officer Sandra Hege regarding this request to 
modify the conditions of pretrial release. 
9. 
Pre-Trial Officer Hege advised me that the condition that Mr. Ayvazyan obtain pre-
approval to be away from his residence for work is in direct conflict with the nature 
of his work. That circumstances outside of his control change his work hours at the 
last minute, resulting in an inability to obtain pre-approval. 
10. 
Pre-Trial Officer Hege advised me that being confined to the Central District of 
California also directly interferes with Mr. Ayvazyan’s ability to work as a truck 
driver who transports goods. 
11. 
Pre-Trial Officer Hege advised me that because Mr. Ayvazyan’s bond is now secured 
by property, pretrial services believes removing Mr. Ayvazyan’s home confinement 
condition would not have any effect on his risk of non-appearance, nor of his danger 
to the community.  
12. 
Pre-Trial Officer Hege advised me that Pre-Trial Services has no objection to these 
conditions being modified.  
13. 
I communicated with AUSA Christopher Fenton who advised me that the 
Government opposes any motion to eliminate home detention. 
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14. 
I have personal knowledge of the statements above, unless otherwise indicated as 
based on information and belief.  
I declare under penalty of perjury that the foregoing is true and correct.  
 
February 12, 2021 
 
 
/S/Jennifer J. Wirsching  
Jennifer J. Wirsching 
 
 
 
 
 
 
1935 Alpha Rd, Suite 216 
 
 
 
 
 
 
Glendale, CA 91208 
 
 
 
 
 
 
424-901-9280 
 
 
 
 
 
 
wirschinglaw@outlook.com 
 
 
 
 
 
 
 
 
 
 
 
For the reasons set forth above Mr. Ayvazyan respectively requests that this Honorable 
Court:  
 
1. Modify the terms of Mr. Ayvazyan’s pretrial release by removing the requirement that he 
remained confined in his home, and by allowing him to travel for work within the state of 
California rather than being confined to the Central District of California.   
 
 
2. GRANT all such other relief as it deems just and proper.  
 
 
 
 
 
 
 
 
 
 
 
Respectfully Submitted,  
 
 
 
 
 
 
 
 
 
 
/s/ Jennifer J. Wirsching 
 
 
 
 
 
 
 
Jennifer J. Wirsching 
 
 
 
 
 
 
 
1935 Alpha Rd, Suite 216 
 
 
 
 
 
 
 
Glendale, CA 91208 
 
 
 
 
 
 
 
424-901-9280 
 
 
 
 
 
 
 
wirschinglaw@outlook.com 
 
 
 
 
 
 
 
Attorney for Artur Ayvazyan 
Case 2:20-cr-00579-SVW     Document 117     Filed 02/12/21     Page 5 of 6   Page ID #:823

 
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/s/ Thomas A. Mesereau, Jr. 
 
 
 
 
 
 
 
Mesereau Law Group 
 
 
 
 
 
 
 
10100 Santa Monica Blvd, Suite 300 
 
 
 
 
 
 
 
Los Angeles, CA 90067 
 
 
 
 
 
 
 
310-651-9960 
 
 
 
 
 
 
 
mesereau@mesereaulaw.com 
 
 
 
 
 
 
 
Attorney for Artur Ayvazyan 
 
 
 
 
 
CERTIFICATE OF SERVICE 
 
I certify that on February 12, 2021, I electronically filed the foregoing document with the 
clerk of the U.S District Court, Central District of California, using the electronic case filing system 
of the court to the following parties. 
 
 
 
 
 
 
 
/s/ Jennifer J. Wirsching 
 
 
 
 
 
 
 
Jennifer J. Wirsching 
 
 
 
 
 
 
 
1935 Alpha Rd, Suite 216 
 
 
 
 
 
 
 
Glendale, CA 91208 
 
 
 
 
 
 
 
424-901-9280 
 
 
 
 
 
 
 
wirschinglaw@outlook.com 
 
 
 
 
 
 
 
Attorney for Artur Ayvazyan 
Julian L. André  
United States Attorney's Office 
1100 United States Courthouse  
312 North Spring Street  
Los Angeles, California 90012 
213- 894-6683  
Julian.L.Andre@usdoj.gov 
Case 2:20-cr-00579-SVW     Document 117     Filed 02/12/21     Page 6 of 6   Page ID #:824

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