Government’s Notice of Request for Detention — United States v. Fontrell Antonio Baines (No. 2:20-cr-00522)

Summary

Government's Notice of Request for Detention in United States v. Fontrell Antonio Baines, Document 3, Case 2:20-cr-00522-MWF, filed 10/15/20, with the caption printing No. CR 2:20-mj-04992-Duty, dated October 15, 2020. The form states that the United States requests detention of the defendant and gives notice of material factors. It lists grounds for temporary 10-day detention (§ 3142(d)), pretrial detention (§ 3142(e)), detention pending a supervised release or probation revocation hearing, and presumptions applicable to pretrial detention under 18 U.S.C. § 3142(e). The signature block names Assistant United States Attorney Ranee A. Katzenstein.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

      Case 2:20-cr-00522-MWF Document 3 Filed 10/15/20 Page 1 of 5 Page ID #:35



 1   NICOLA T. HANNA
     United States Attorney
 2   BRANDON D. FOX
     Assistant United States Attorney
 3   Chief, Criminal Division
     RANEE A. KATZENSTEIN (Cal. Bar No. 187111)               10/15/2020
 4   Assistant United States Attorney
     Chief, Major Frauds Section                                   jb
 5        1100 United States Courthouse
          312 North Spring Street
 6        Los Angeles, California 90012
          Telephone: (213) 894-2432
 7        Facsimile: (213) 894-6269
          E-mail:    ranee.katzenstein@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-04992-Duty

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

15   FONTRELL ANTONIO BAINES,
       aka “Nuke Bizzle,”
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-00522-MWF Document 3 Filed 10/15/20 Page 2 of 5 Page ID #:36



 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-00522-MWF Document 3 Filed 10/15/20 Page 3 of 5 Page ID #:37



 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-00522-MWF Document 3 Filed 10/15/20 Page 4 of 5 Page ID #:38



 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

19   //
20   //
21   //
22   //
23   //
24   //
25   //
26   //
27   //
28   //
                                          4
     Case 2:20-cr-00522-MWF Document 3 Filed 10/15/20 Page 5 of 5 Page ID #:39



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

 2            that:

 3

 4

 5

 6

 7

 8   Dated: October 15, 2020             Respectfully submitted,
 9                                       NICOLA T. HANNA
                                         United States Attorney
10
                                         BRANDON D. FOX
11                                       Assistant United States Attorney
                                         Chief, Criminal Division
12

13
                                         RANEE A. KATZENSTEIN
14                                       Assistant United States Attorney
15                                       Attorneys for Plaintiff
                                         UNITED STATES OF AMERICA
16

17

18

19

20

21

22

23

24

25

26

27

28

                                         5


File and source

File

3.pdf

Size

43,755 bytes

SHA-256

bed8b6227f54426135993a57e761668b1d5da54dd08e0cc5e7f1192f1e846903

Our copy

3.pdf

Original

No public link identified.