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Government's Notice of Request for Detention — No. 2:20-mj-01341 (Dkt. 9, C.D. Cal.)

Summary

The Government's Notice of Request for Detention, Document 9, filed March 26, 2020 in United States v. Keith Lawrence Middlebrook, No. 2:20-MJ-01341, in the U.S. District Court for the Central District of California. The five-page form lists grounds for temporary 10-day detention, pretrial detention, detention pending revocation of supervised release or probation, presumptions and detention-hearing triggers. The marked items request pretrial detention because no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of any other person and the community. The signature block names Assistant United States Attorney Valerie L. Makarewicz.

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“Government's Notice of Request for Detention — No. 2:20-mj-01341 (Dkt. 9, C.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/government-s-notice-of-request-for-detention-no-2-20-mj-01341-dkt-9-c-445cf0cb1f/, SHA-256 95f51addbc29269c9b21f477d58ce3475b539f9e102f8985af3e278f3afd0760.

Full text

      Case 2:20-mj-01341-DUTY Document 9 Filed 03/26/20 Page 1 of 5 Page ID #:35



 1   NICOLA T. HANNA
     United States Attorney
 2   BRANDON D. FOX
     Assistant United States Attorney                                       FIL~_D
 3   Chief, Criminal Division                                    CLERK. U.S_ C ^TACT COU~iT
     VALERIE L. MAKAREWICZ (Cal. Bar No. 229637)
     Assistant United States Attorney
 4
     Major Frauds Section
                                                                      ~~AR ~ s z~~~~o
 5        1100 U.S. Courthouse
          312 North Spring Street                          CENTRr1L DISTi-yy~l- GF Ci1LfFORN'F.,
                                                            BY             7SI.p        DE~U"I~~,_;
 6        Los Angeles, California 90012
          Telephone: (213) 894-0756
 7        Facsimile: (213) 894-6265
          E-mail:     valerie.makarewicz@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. 2:20-MJ-01341
13
                Plaintiff,                  GOVERNMENT'S NOTICE OF REQUEST
14                                          FOR DETENTION
                     v.
15
     KEITH LAWRENCE MIDDLEBROOK,
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

20   of 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

24                    release pending (felony trial), (sentencing),

25                    (appeal), or on (probation) (parole); or

26

27

28
     Case 2:20-mj-01341-DUTY Document 9 Filed 03/26/20 Page 2 of 5 Page ID #:36



 1                b. defendant is an alien not lawfully admitted for

 2                    permanent residence; and

 3                c. defendant may flee; or

 4                d. pose a danger to another or the community.

 5   X       2. Pretrial Detention Requested (~ 3142(e)) because no

 6              condition or combination of conditions will reasonabl

 7              assure:

 8       X        a. the appearance of the defendant as required;

 9       X        b. safety of any other person and the community.

10           3. Detention Requested Pending Supervised Release/Probation

11              Revocation Hearing (Rules 32.1(a)(6), 46(d), and 18 U.S.C.

12              ~ 3143(a)):

13               a.   defendant cannot establish by clear and convincing

14                    evidence that he/she will not pose a danger to any

15                    other person or to the community;

16                b. defendant cannot establish by clear and convincing

17                    evidence that he/she will not flee.

18           4. Presumptions Applicable to Pretrial Detention (18 U.S.C.

19             ~ 3142(e)):

20               a. Title 21 or Maritime Drug Law Enforcement Act

21                    ("MDLEA") (46 U.S.C. App. 1901 et seq.) offense with

22                    10-year or greater maximum penalty (presumption of

23                    danger to community and flight risk);

24               b. offense under 18 U.S.C. ~~ 924(c), 956(a), 2332b, or

25                    2332b(g)(5)(B) with 10-year or greater maximum

26                    penalty (presumption of danger to community and

27                    flight risk);

28

                                          2
      Case 2:20-mj-01341-DUTY Document 9 Filed 03/26/20 Page 3 of 5 Page ID #:37



 1                 c. offense involving a minor victim under 18 U.S.C.

 ~7                   ~~ 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251,

 3                    2251A, 2252(a) (1)-(a)(3), 2252A(a) (1)-2252A(a) (4),

 4                    2260, 2421, 2422, 2423 or 2425 (presumption of danger

 5                    to community and flight risk);

 6                d. defendant currently charged with an offense described

 7                    in paragraph 5a - 5e below, AND defendant was

 8                    previously convicted of an offense described in

 9                    paragraph 5a - 5e below (whether Federal or

10                    State/local), AND that previous offense was committed

11                    while defendant was on release pending trial, AND the

12                    current offense was committed within five years of

13                    conviction or release from prison on the above-

14                    described previous conviction (presumption of danger

15                    to community).

16          5. Government Is Entitled to Detention Hearing Under

17              ~ 3142(f) If the Case Involves:

18                a. a crime of violence (as defined in 18 U.S.C.

19                   § 3156(a)(4)) or Federal crime of terrorism (as

20                    defined in 18 U.S.C. § 2332b(g)(5)(B)) for which

21                    maximum sentence is 10 years' imprisonment or more;

22                b. an offense for which maximum sentence is life

23                    imprisonment or death;

24                c. Title 21 or MDLEA offense for which maximum sentence

25                    is 10 years' imprisonment or more;

26

27

28

                                           3
      Case 2:20-mj-01341-DUTY Document 9 Filed 03/26/20 Page 4 of 5 Page ID #:38



 1                 d. any felony if defendant has two or more convictions

 2                    for a crime set forth in a-c above or for an offense

 3                    under state or local law that would qualify under a,

 4                    b, or c if federal jurisdiction were present, or a

 5                    combination or such offenses;

 6                e. any felony not otherwise a crime of violence that

 7                    involves a minor victim or the possession or use of a

 8                    firearm or destructive device (as defined in 18

 9                    U.S.C. ~ 921), or any other dangerous weapon, or

10                    involves a failure to register under 18 U.S.C.

11                    ~ 2250;                                                      i

12                f. serious risk defendant will flee;

13                g. serious risk defendant will (obstruct or attempt to

14                    obstruct justice) or (threaten, injure, or intimidate

15                    prospective witness or juror, or attempt to do so).

16          6. Government requests continuance of              days for

17              detention hearing under ~ 3142(f) and based upon the

18              following reason(s):

19

20

21

22

23   //

24   //

25   //

26   //

27   //

28   //
        Case 2:20-mj-01341-DUTY Document 9 Filed 03/26/20 Page 5 of 5 Page ID #:39



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

  2               in that:

  3

  4

  5

  6

  7

       ~ Dated: March 26, 2020             Respectfully submitted,

  r
  ~                                        NICOLA T. HANNA
                                           United States Attorney
10
                                           BRANDON D. FOX
11                                         Assistant United States Attorney
                                           Chief, Criminal Division
12

13

14

15
                                           Valerie L. Makarewicz
16                                         Assistant United States Attorney

17                                         Attorneys for Plaintiff
                                           UNITED STATES OF AMERICA
18

19

20

21

22

23

24

25

26

~~~

~:~I

                                             ~7


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