Government's Notice of Request for Detention — United States v. Andrew Marnell (Doc. 12, 2:20-cr-00319)

Summary

Government's Notice of Request for Detention, Document 12, filed 07/16/20 in United States of America v. Andrew Marnell, Case 2:20-cr-00319-RGK (C.D. Cal.). The five-page form is filed by Plaintiff, United States of America, through its counsel of record, and gives notice of material factors, beginning with temporary 10-day detention and pretrial detention under § 3142(e). It lists presumptions applicable to pretrial detention and the cases in which the government is entitled to a detention hearing, including a serious risk that the defendant will flee. The first page bears the number No. 2:20-MJ-3313, and the signature block is dated July 16, 2020 for Assistant United States Attorney Kerry L. Quinn.

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NICOLA T. HANNA
United States Attorney 
.~. ~ 6 ~20
BRANDON D. FOX
Assistant United States Attorney 
CENTRgLDISTRIC 
CALIFORNIA
Chief, Criminal Division 
sY
DEPU?Y
KERRY L. QUINN (Cal. Bar No. 302954)
Assistant United States Attorney
Major Frauds Section
1100 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-5423
Facsimile: (213) 894-6269
E-mail: 
Kerry.L.Quinn@usdoj.gov
Attorneys for Plaintiff
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, 
No. 2:20-MJ-3313
Plaintiff, GOVERNMENT'S NOTICE OF REQUEST FOR
v.
ANDREW MARNELL,
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:
a. 
present offense committed while defendant was on release
pending (felony trial),
b. 
defendant is an alien not lawfully admitted for
permanent residence; and
Case 2:20-cr-00319-RGK     Document 12     Filed 07/16/20     Page 1 of 5   Page ID #:84

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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
greater maximum penalty (presumption of danger to
community and flight risk);
K 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);
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),
2
Case 2:20-cr-00319-RGK     Document 12     Filed 07/16/20     Page 2 of 5   Page ID #:85

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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:
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;
b. 
an offense for which maximum sentence is life
imprisonment or death;
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
3
Case 2:20-cr-00319-RGK     Document 12     Filed 07/16/20     Page 3 of 5   Page ID #:86

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if federal jurisdiction were present, or a combination
or such offenses;
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;
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):
//
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//
Case 2:20-cr-00319-RGK     Document 12     Filed 07/16/20     Page 4 of 5   Page ID #:87

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7. 
Good cause for continuance in excess of three days exists in
that:
Dated: July 16, 2020
Respectfully submitted,
NICOLA T. HANNA
United States Attorney
BRANDON D. FOX
Assistant United States Attorney
Chief, Criminal Division
/s/ Kerry L. Quinn
KERRY L. QUINN
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA
5
Case 2:20-cr-00319-RGK     Document 12     Filed 07/16/20     Page 5 of 5   Page ID #:88

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