Information - United States v. Maurice Fayne related docket

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 302 · 2023-02-13 · Docket on CourtListener

Summary

The government's brief in support of the United States Probation Office's Petition to Revoke Conditional Release, filed February 13, 2023 as Doc. 302 in No. 1:20-cr-00228-MHC-JKL in the U.S. District Court for the Northern District of Georgia. Submitted by United States Attorney Ryan K. Buchanan and Assistant United States Attorney Alana R. Black, it states that the defendant's release should be revoked and the defendant detained pending further proceedings under 18 U.S.C. § 3148(b). The form sets out the statute's grounds: probable cause of a crime committed while on release or clear and convincing evidence of another violation, and, under 18 U.S.C. § 3142(g), that no conditions will assure the defendant will not flee or pose a danger. The two-page form includes a section on rebuttable presumptions and a certificate of service by hand delivery to defense counsel.

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Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
Criminal Action No.
l:20-fJ?-nU a -^ HC'^L
'Dp_n'ip_A -En/. Tom
Government's Brief in Support of Petition to Revoke Conditional Release
The United States of America/ by counsel/ Ryan K. Buchanan/ United States
Attorney, and Alana R. Black/ Assistant United States Attorney for the Northern District
of Georgia/ files this brief in support of the United States Probation Office's Petition to
Revoke Conditional Release.
Defendant's conditional release should be revoked and Defendant should be
detained pending further proceedings pursuant to 18 U.S.C. § 3148(b)/ because there is:
1) probable cause to believe that the Defendant has committed a Federal/ State or local
crime while on release/ or clear and convincing evidence that the Defendant has
violated any other condition of release; and 2) based on the factors set forth in 18 U.S.C.
§ 3142(g)/ there is no condition or combination of conditions of release that will assure
that the Defendant will not flee or pose a danger to the safety of any other person or the
community/ or the Defendant is unlikely to abide by any condition or combination of
conditions of release. See 18 U.S.C. § 3148(b).
Rebuttable Presumptions and Defendant Burdens (check all that apply)
The United States hereby invokes the rebuttable presumption under 18 U.S.C. §
3148(b) that no condition of release or combination of conditions will assure that the
Defendant will not pose a danger to the safety of any other person or the
community/ because there is probable cause to believe that, while on release/ the
Defendant committed a Federal/ State/ or local felony.
D The Defendant bears the burden of proving by clear and convincing evidence that he
or she is not likely to flee or pose a danger to the safety of any other person or the
community if released/ because the Defendant has already been found guilty and is
awaiting sentencing or execution of a sentence. See 18 U.S.C. § 3143(a)(l).
Additional Information ,
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Case 1:20-cr-00228-MHC-JKL     Document 302     Filed 02/13/23     Page 1 of 2

Dated: 3 /13
A
_, 2022
75 Ted Turner Drive S.W./ Suite 600
Atlanta/ Georgia 30303-3309
Phone: (404) 581-6000
Fax: (404) 581-6181
Respectfully submitted/
RYAN K. BUCHANAN
United States Attorney
in^L^
ALANA R. BLACK
Assistant United States Attorney
Ga. Bar No. 785045
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Certificate of Service
The undersigned served this document today by handing a copy to defense counsel:
MpA,<^r^<&m.^ ^
SLl 13 _, 2022 /s/ ALANA R. BLACK
Case 1:20-cr-00228-MHC-JKL     Document 302     Filed 02/13/23     Page 2 of 2

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