Motion — United States v. Andrew Marnell (Dkt. 17, C.D. Cal. No. 2:20-cr-00319, CACD 790198)

Record facts

U.S. District Court for the Central District of California · No. 2:20-cr-00319-RGK · Doc. 17 · 2020-07-21 · Docket on CourtListener

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Jl~ 2 
~ ~
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
~ UNITED STATES OF AMERICA,
Plaintiff, 
}CASE NO.
v.
ANDREW MARNELL,
2:20-MJ-3313
ORDER OF DETENTION
Defendant. }
I.
A. O On motion of the Government in a case allegedly involving:
1. () a crime of violence.
2. () an offense with maximum sentence of life imprisonment or death.
3. () a narcotics or controlled substance offense with maximum sentence
often or more years .
4. () any felony -where the defendant has been convicted of two or more
prior offenses described above.
5. () any felony that is not otherwise a crime of violence that involves a
minor victim, or possession or use of a firearm or destructive device
or any other dangerous weapon, or a failure to register under 18
U.S.0 § 2250.
B. (~ On motion by the Government / ( ) 
on Court's own motion, in a case
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94 (06/07) 
Page I of 4
Case 2:20-cr-00319-RGK     Document 17     Filed 07/21/20     Page 1 of 4   Page ID #:127

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allegedly involving:
(~ On the further allegation by the Government of:
1. (~ a serious risk that the defendant will flee.
2. () a serious risk that the defendant will:
a. ( )obstruct or attempt to obstruct justice.
b. ( )threaten, injure, or intimidate a prospective witness or juror or
attempt to do so.
C. The Government ( ) 
is/ (~ is not entitled to a rebuttable presumption that no
condition or combination of conditions will reasonably assure the defendant's
appearance as required and the safety of any person or the community.
II.
A. (~ The Court finds that no condition or combination of conditions will
reasonably assure:
1. (~ the appearance of the defendant as required.
(~ and/or
2. (~ the safety of any person or the community.
B. () The Court finds that the defendant has not rebutted by sufficient
evidence to the contrary the presumption provided by statute.
III.
The Court has considered:
A. the nature and circumstances of the offenses) charged, including whether the
offense is a crime of violence, a Federal crime of terrorism, or involves a minor
victim or a controlled substance, firearm, explosive, or destructive device;
B. the weight of evidence against the defendant;
C. the history and characteristics of the defendant; and
D. the nature and seriousness of the danger to any person or to the community.
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94 (06/07) 
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Case 2:20-cr-00319-RGK     Document 17     Filed 07/21/20     Page 2 of 4   Page ID #:128

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IV.
The Court also has considered all the evidence adduced at the hearing and the
arguments and/or statements of counsel, and the Pretrial Services
Report/recommendation.
The Court bases the foregoing findings) on the following:
A. (~ As to flight risk:
A large amount of money, more than $9 million, is alleged to have been stolen and more
than $1 million is still missing from the charged fraud crime. Defendant admits he had more
than $200,000 in cash in his possession, and more than $300,000 in cash was seized from
his residence -- some from the toilet, indicating consciousness of guilt. Fake identification
documents in other people's names were found in defendant's residence, with defendant's
picture on them and sophisticated authentication features, and the charged fraud crime
involved the use of fake IDs, including fake passports, similar to the fake IDs found in his
residence. Defendant is facing a potential lengthy prison sentence for serious conduct, and
he has limited ties to the district and limited or no bail resources, and has not proposed an
adequate surety to counterbalance flight concerns.
B. (~ As to danger:
Defendant is charged with a serious fraud offense, involving allegations that he stole more
than $9 million from government programs designed to help victims suffering from the
economic fallout of the COVID-19 pandemic, and he allegedly spent a large amount of this
money gambling in the stock market and at casinos. United States v. Reynolds, 956 F.2d
192, 192 (9th Cir. 1992) (holding that pecuniary danger is a form of community danger
with respect to the danger requirement of section 3143). Defendant was found with a large
amount of methamphetamine in his residence with some indication of possible intent to
distribute. All of these facts combined with the seriousness of the charged criminal conduct
demonstrate, by clear and convincing evidence, an ongoing danger to the community.
VI.
A. () The Court finds that a serious risk exists that the defendant will:
1. ()obstruct or attempt to obstruct justice.
2. ()attempt to/ ( 
)threaten, injure or intimidate a witness or juror.
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94 (06/07)
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Case 2:20-cr-00319-RGK     Document 17     Filed 07/21/20     Page 3 of 4   Page ID #:129

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B. The Court bases the foregoing findings) on the following:
VII.
A. IT IS THEREFORE ORDERED that the defendant be detained prior to trial.
B. IT IS FURTHER ORDERED that the defendant be committed to the custody
of the Attorney General for confinement in a corrections facility separate, to
the extent practicable, from persons awaiting or serving sentences or being
held in custody pending appeal.
C. IT IS FURTHER ORDERED that the defendant be afforded reasonable
opportunity for private consultation with counsel.
D. IT IS FURTHER ORDERED that, on order of a Court of the United States
or on request of any attorney for the Government, the person in charge of the
corrections facility in which the defendant is confined deliver the defendant
to a United States marshal for the purpose of an appearance in connection
with a court proceeding.
I DATED: 7/21/2020
~• 'Y~~~
iJNITED STATES MAGISTRATE JUDGE
ORDER OF DETENTION AFTER HEARING (18 U.S.C. §3142(1))
CR-94 (06/07)
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Case 2:20-cr-00319-RGK     Document 17     Filed 07/21/20     Page 4 of 4   Page ID #:130

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