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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