USA v. Cosme-Ortiz et al
| Puerto Rico District Court | |
| Case #: | 3:21-cr-00001 |
| Case Filed: | Jan 08, 2021 |
| Last checked: Sunday Feb 07, 2021 3:20 AM AST |
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Defendant
Joshua Abel Casul-Cruz (4)
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Represented By
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Defendant
Xavier David Cosme-Ortiz (1)
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Represented By
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Defendant
Christian Escalera-Maldonado (3)
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Represented By
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Defendant
Pedro Juan Figueroa-Valentin (6)
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Represented By
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Defendant
Arnaldo Morales-Padro (2)
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Represented By
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Defendant
Jorge Luis Nieves-Rosario (5)
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Represented By
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Interested Party
U.S. Probation Officer
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Plaintiff
USA
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Represented By
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GPO
Aug 28 2023
REPORT AND RECOMMENDATIONS on Plea of Guilty as to Pedro Juan Figueroa-Valentin (6). Objections to R&R due by 9/11/2023. Signed by US Magistrate Judge Bruce J. McGiverin on 08/28/2023.(SJL) |
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GPO
Jan 15 2025
REPORT AND RECOMMENDATION on Amendment 821 as to Pedro Juan Figueroa-Valentin (6). Defendant is not eligible. Objections to R&R due by 1/29/2025. Signed by US Magistrate Judge Bruce J. McGiverin on 1/15/2025. (MK) |
| Docket last updated: 08/07/2021 3:42 PM AST |
| Saturday, December 19, 2020 | ||
| 1 | 1
COMPLAINT as to Xavier Cosme-Ortiz (1), Arnaldo Morales-Padro (2), Christian Escalera-Maldonado (3), Joshua Casul-Cruz (4), Jorge Nieves-Rosario (5), Pedro Figueroa-Valentin (6). (mcm) [3:20-mj-01287-BJM]
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Att: 1
Affidavit
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| 2 | 2
*RESTRICTED* Arrest Warrant Issued by US Magistrate Judge Bruce J. McGiverin in case as to Xavier Cosme-Ortiz (1), Arnaldo Morales-Padro (2), Christian Escalera-Maldonado (3), Joshua Casul-Cruz (4), Jorge Nieves-Rosario (5), Pedro Figueroa-Valentin (6). (mcm) [3:20-mj-01287-BJM]
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| Monday, December 21, 2020 | ||
| Arrest of Xavier Cosme-Ortiz (1), Arnaldo Morales-Padro (2), Christian Escalera-Maldonado (3), Joshua Casul-Cruz (4), Jorge Nieves-Rosario (5) and Pedro Figueroa-Valentin (6). (jjr) [3:20-mj-01287-BJM] | ||
| CJA 20: Appointment of Attorney Melanie Carrillo-Jimenez for Xavier Cosme-Ortiz, Thomas Trebilcock-Horan for Arnaldo Morales-Padro, Ovidio E. Zayas-Perez for Jorge Nieves-Rosario, and Marie L. Cortes-Cortes for Pedro Figueroa-Valentin. Signed by US Magistrate Judge Marcos E. Lopez on 12/21/2020. (jjr) Modified on 12/22/2020 to correct date filed and signed (mcm). [3:20-mj-01287-BJM] | ||
| CJA 20 as to Christian Escalera-Maldonado (3): Appointment of Attorney Ian Carlos Garcia-Ferreras for Christian Escalera-Maldonado. Signed by US Magistrate Judge Marcos E. Lopez on 12/21/2020. (jjr) [3:20-mj-01287-BJM] | ||
| 3 | 3
NOTICE OF ATTORNEY APPEARANCE: Sean P. Murphy appearing for USA. (Murphy, Sean) [3:20-mj-01287-BJM]
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| 4 | 4 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez: Initial Appearance as to Xavier Cosme-Ortiz (1), Arnaldo Morales-Padro (2), Christian Escalera-Maldonado (3), Joshua Casul-Cruz (4), Jorge Nieves-Rosario (5), and Pedro Figueroa-Valentin (6) held on 12/21/2020. AUSA Sean Murphy and AFPD Carlos Vazquez were present. Defendants were under custody, present in court and assisted by a certified court interpreter. All parties were present via VTC. Defendants voluntarily consented to the holding of the hearing via VTC. Defendants were advised of their rights and the applicable minimum and maximum statutory penalties that they are exposed to if convicted of the charges in the criminal complaint. The Court deemed it appropriate to appoint counsel. The Federal Public defendant was appointed to represent defendant Joshua Casul-Cruz (4). A CJA counsel will be appointed to represent the remaining defendants. The Court ordered the defendants temporarily detained. A preliminary examination is set for all defendants on 1/11/2021 at 10:00 am via VTC. A bail hearing is set for defendant Arnaldo Morales-Padro (2) on 1/11/2021 at 10:00 am via VTC. A detention hearing is set for to Xavier Cosme-Ortiz (1), Christian Escalera-Maldonado (3), Joshua Casul-Cruz (4), Jorge Nieves-Rosario (5), and Pedro Figueroa-Valentin (6) on 12/28/2020 at 11:00 am via VTC. All proceedings will be held before Magistrate Judge Marcos E. Lopez. As required by Rule 5(f), the United States is ordered to produce all exculpatory evidence to the defendant pursuant to Brady v. Maryland and its progeny. Not doing so in a timely manner may result in sanctions, including exclusion of evidence, adverse jury instructions, dismissal of charges and contempt proceedings. Court Reporter Cindy Brown. Hearing set for 02:30. Hearing held at 03:38. Hearing ended at 03:47. Interpreter Maria Hernandez. (jjr) Modified on 12/23/2020 to correct docket text as to defendant's scheduled hearings (mcm). [3:20-mj-01287-BJM] | |
| 5 | 5 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Joshua Casul-Cruz (4). Eric A. Vos for Joshua Casul-Cruz appointed. Signed by US Magistrate Judge Marcos E. Lopez on 12/21/2020.(jjr) [3:20-mj-01287-BJM] | |
| Tuesday, December 22, 2020 | ||
| 6 | 6
***SELECTED PARTIES*** NOTICE by Joshua Casul-Cruz (4) Notice of filing the Pretrial Services Report by (U.S. Probation Officer, Aracely Vazquez) [3:20-mj-01287-BJM]
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| 7 | 7
NOTICE OF ATTORNEY APPEARANCE: Joseph A. Niskar appearing for Joshua Casul-Cruz (Niskar, Joseph) [3:20-mj-01287-BJM]
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| Wednesday, December 23, 2020 | ||
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MOTION to Withdraw as Attorney by Yanira I Colon-Garcia. by USA as to Xavier Cosme-Ortiz, Arnaldo Morales-Padro, Christian Escalera-Maldonado, Joshua Casul-Cruz, Jorge Nieves-Rosario, Pedro Figueroa-Valentin. Responses due by 1/7/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Colon-Garcia, Yanira) [3:20-mj-01287-BJM]
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***SELECTED PARTIES*** NOTICE of Disclosure of Bail Report by Xavier Cosme-Ortiz (1) (U.S. Probation Officer, Elisa Abruna) [3:20-mj-01287-BJM]
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***SELECTED PARTIES*** NOTICE by Pedro Figueroa-Valentin (6) Notice of filing the Pretrial Services Report by (U.S. Probation Officer, Aracely Vazquez) [3:20-mj-01287-BJM]
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| 11 | 11 ORDER regarding8 Motion to Withdraw as Attorney. Granted. SAUSA Yanira I. Colon-Garcia withdrawn from case as to Xavier Cosme-Ortiz (1), Arnaldo Morales-Padro (2), Christian Escalera-Maldonado (3), Joshua Casul-Cruz (4), Jorge Nieves-Rosario (5), and Pedro Figueroa-Valentin (6). Signed by US Magistrate Judge Marcos E. Lopez on 12/23/2020. (jjr) [3:20-mj-01287-BJM] | |
| 12 | 12
***SELECTED PARTIES*** NOTICE OF FILING OF PRETRIAL SERVICES REPORT as to Arnaldo Morales-Padro (2) (U.S. Probation Officer, Emanuel Bravo) [3:20-mj-01287-BJM]
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***SELECTED PARTIES*** NOTICE OF FILING OF PRETRIAL SERVICES REPORT as to Christian Escalera-Maldonado (3) (U.S. Probation Officer, Emanuel Bravo) [3:20-mj-01287-BJM]
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***SELECTED PARTIES*** NOTICE by Jorge Nieves-Rosario (5) Notice of filing the Pretrial Services Report by (U.S. Probation Officer, Aracely Vazquez) [3:20-mj-01287-BJM]
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| Thursday, December 24, 2020 | ||
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NOTICE OF ATTORNEY APPEARANCE: Wilfredo Diaz-Narvaez appearing for Xavier Cosme-Ortiz (Diaz-Narvaez, Wilfredo) [3:20-mj-01287-BJM]
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| Sunday, December 27, 2020 | ||
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MOTION to Continue Detention Hearing as Defendant in on Quarantine by Pedro Figueroa-Valentin. Responses due by 1/11/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cortes-Cortes, Marie) [3:20-mj-01287-BJM]
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MOTION Requesting Order to access and review the pretrial services report filed in docket entry 10 re10 Notice (Other) by Pedro Figueroa-Valentin. Responses due by 1/11/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Cortes-Cortes, Marie) [3:20-mj-01287-BJM]
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MOTION to Withdraw as Attorney and be removed from Notifications on CM/ECF by Melanie Carrillo-Jimnez. by Xavier Cosme-Ortiz. Responses due by 1/11/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Carrillo-Jimenez, Melanie) [3:20-mj-01287-BJM]
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MOTION Requesting Order to Access Pretrial Services Report by Xavier Cosme-Ortiz. Responses due by 1/11/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Diaz-Narvaez, Wilfredo) [3:20-mj-01287-BJM]
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| Monday, December 28, 2020 | ||
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NOTICE OF ATTORNEY APPEARANCE: Thomas Trebilcock-Horan appearing for Arnaldo Morales-Padro (Trebilcock-Horan, Thomas) [3:20-mj-01287-BJM]
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| 21 | 21 ORDER granting18 Motion to Withdraw as Attorney Melanie Carrillo-Jimenez withdrawn from case as to Xavier Cosme-Ortiz (1). Signed by US Magistrate Judge Marcos E. Lopez on 12/28/2020. (ram) [3:20-mj-01287-BJM] | |
| 22 | 22 ORDER granting19 Motion Requesting Order as to Xavier Cosme-Ortiz (1). USPO shall give counsel Wilfredo Diaz Narvaez access to the Pretrial Services Report of his client, defendant Xavier Cosme Ortiz (1). Signed by US Magistrate Judge Marcos E. Lopez on 12/28/2020. (ram) [3:20-mj-01287-BJM] | |
| 23 | 23 ORDER granting17 Motion Requesting Order as to Pedro Figueroa-Valentin (6). USPO shall give counsel Marie Cortes-Cortes access to the Pretrial Services Report of his client, defendant Pedro Figueroa Valentin (6). Signed by US Magistrate Judge Marcos E. Lopez on 12/28/2020. (ram) [3:20-mj-01287-BJM] | |
| 24 | 24 ORDER granting16 Motion to Continue as to Pedro Figueroa-Valentin (6). Detention Hearing set for 12/28/2020 is RESET for 12/29/2020 at 9:30 AM via VTC before US Magistrate Judge Marcos E. Lopez. Signed by US Magistrate Judge Marcos E. Lopez on 12/28/2020. (ram) [3:20-mj-01287-BJM] | |
| 25 | 25 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez:Detention Hearing as to Joshua Casul-Cruz (4) held on 12/28/2020 by Video Tele-Conference (VTC). Present were AUSA Sean Murphy, AFPD Joseph A. Niskar and USPO Emanuel Bravo. Defendant was under custody, present in court and assisted by a certified court interpreter. All parties were present via VTC. Defendant voluntarily consented to the holding of the hearing via VTC. The government moved for detention. Defense counsel argued for conditions of release. After having heard the parties, the Court ordered the defendant detained pending trial on the basis of danger to the community. Order to be issued. (Court Reporter Amy Walker.) Hearing set for 11:00. Hearing held at 11:10. Hearing ended at 11:34. Interpreter Carlos Ravelo. (ram) [3:20-mj-01287-BJM] | |
| 26 | 26 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez:Detention Hearing as to Xavier Cosme-Ortiz (1) held on 12/28/2020 by Video Tele-Conference (VTC). Present were AUSA Sean Murphy, Atty. Wilfredo Diaz-Narvaez and USPO Emanuel Bravo. Defendant was under custody, present in court and assisted by a certified court interpreter. All parties were present via VTC. Defendant voluntarily consented to the holding of the hearing via VTC. The government moved for detention. Defense counsel argued for conditions of release. After having heard the parties, the Court ordered the defendant detained pending trial on the basis of danger to the community. Order to be issued. (Court Reporter Amy Walker.) Hearing set for 11:00. Hearing held at 11:34. Hearing ended at 11:53. Interpreter Carlos Ravelo. (ram) [3:20-mj-01287-BJM] | |
| 27 | 27 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez:Detention Hearing as to Christian Escalera-Maldonado (3) held on 12/28/2020 by Video Tele-Conference (VTC). Present were AUSA Sean Murphy, Atty. Ian Carlos Garcia-Ferreras and USPO Emanuel Bravo. Defendant was under custody, present in court and assisted by a certified court interpreter. All parties were present via VTC. Defendant voluntarily consented to the holding of the hearing via VTC. The government moved for detention. Defense counsel argued for conditions of release. After having heard the parties, the Court imposed the following Conditions of Release: Bond in the amount of $10,000.00 unsecured with the defendant's signature. Drug testing and evaluation, treatment if needed to be coordinated by USPO. The defendant shall wear an Electronic Monitoring Device (EMD) with home detention, landline to be installed at the defendant's residence. Mental health evaluation and treatment if needed plus standard conditions of release. The defendant shall not be released until EMD is installed, temporary cellphone unit can be used if available (to be determined by USPO). (Court Reporter Amy Walker.) Hearing set for 11:00. Hearing held at 11:59. Hearing ended at 12:18. Interpreter Carlos Ravelo. (ram) [3:20-mj-01287-BJM] | |
| 28 | 28 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez:Detention Hearing as to Jorge Nieves-Rosario (5) held on 12/28/2020 by Video Tele-Conference (VTC). Present were AUSA Sean Murphy, Atty. Ovidio E. Zayas-Perez and USPO Emanuel Bravo. Defendant was under custody, present in court and assisted by a certified court interpreter. All parties were present via VTC. Defendant voluntarily consented to the holding of the hearing via VTC. The government did not seek detention. Defense counsel argued in favor of bail and agrees with USPO recommendation. After having heard the parties, the Court granted conditions of release and adopts the USPO recommendation except that a Third Party Custodian is not required, instead the defendant shall wear an Electronic Monitoring Device (EMD) with home detention, landline to be installed at the defendant's residence. The defendant is allowed to work, he must coordinated the work schedule with USPO. Bond in the amount of $10,000.00 unsecured with the defendant's signature and his mother's signature as co-signer. Drug testing and evaluation, treatment if needed to be coordinated by USPO. The defendant shall not be released until EMD is installed, temporary cellphone unit can be used if available (to be determined by USPO). (Court Reporter Amy Walker.) Hearing set for 11:00. Hearing held at 12:20. Hearing ended at 12:37. Interpreter Carlos Ravelo. (ram) [3:20-mj-01287-BJM] | |
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ORDER Setting Conditions of Release as to Christian Escalera-Maldonado (3) $10,000 unsecured. Signed by US Magistrate Judge Marcos E. Lopez on 12/28/2020. (idg) [3:20-mj-01287-BJM]
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*RESTRICTED* Appearance Bond Entered as to Christian Escalera-Maldonado (3) in amount of $ 10,000 unsecured. (idg) [3:20-mj-01287-BJM]
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| Tuesday, December 29, 2020 | ||
| 29 | 29 Minute Entry for proceedings held before US Magistrate Judge Marcos E. Lopez: Detention Hearing as to Pedro Figueroa-Valentin (6) held on 12/29/2020 by Video Tele-Conference (VTC). Present were AUSA Sean Murphy, Atty. Marie Cortes-Cortes and USPO Emanuel Bravo. Defendant was under custody, present in court and assisted by a certified court interpreter. All parties were present via VTC. Defendant voluntarily consented to the holding of the hearing via VTC. The government did not seek detention but requested that if conditions of release were to be crafted that the defendant wears an Electronic Monitoring Device (EMD). Defense counsel argued in favor of bail and requested that Third Party Custodian (TPC) be placed instead of EMD. After having heard the parties, the Court adopted in full the recommendations of USPO with exception of placing a TPC, instead the defendant shall wear an EMD with home detention, landline to be installed at the defendant's residence. The following conditions of release were also imposed: Bond in the amount of $10,000.00 unsecured with the defendant's signature and his mother's signature as co-signer. Drug testing and evaluation, treatment if needed to be coordinated by USPO. The defendant shall work and/or study plus standard conditions of release. Defendant must coordinate the work schedule with USPO. The defendant shall not be released until EMD is installed, temporary cellphone unit can be used if available (to be determined by USPO). (Court Reporter Robin Dispenzieri.) Hearing set for 09:30. Hearing held at 09:37. Hearing ended at 09:57. Interpreter Sonia Crescioni. (ram) [3:20-mj-01287-BJM] | |
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***STRICKEN AS PER D.E. # 34 ORDER.*** TRANSCRIPT REQUEST by Joshua Casul-Cruz for proceedings held on December 28, 2020 before Judge Hon. Marcos E. Lopez. (Niskar, Joseph) Modified on 12/30/2020 (mcm). [3:20-mj-01287-BJM]
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| 35 | 35
ORDER Setting Conditions of Release as to Jorge Nieves-Rosario (5) $10,000 unsecured. Signed by US Magistrate Judge Marcos E. Lopez on 12/29/2020. (idg) [3:20-mj-01287-BJM]
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| 36 | 36
*RESTRICTED* Appearance Bond Entered as to Jorge Nieves-Rosario (5) in amount of $ 10,000 unsecured. (idg) [3:20-mj-01287-BJM]
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Att: 1
Copy of ID
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| 39 | 39
ORDER Setting Conditions of Release as to Pedro Figueroa-Valentin (6) $10,000 unsecured. Signed by US Magistrate Judge Marcos E. Lopez on 12/29/2020. (idg) [3:20-mj-01287-BJM]
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| 40 | 40
*RESTRICTED* Appearance Bond Entered as to Pedro Figueroa-Valentin (6) in amount of $ 10,000 unsecured. (idg) [3:20-mj-01287-BJM]
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Att: 1
Copy of ID
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| Wednesday, December 30, 2020 | ||
| 31 | 31
TRANSCRIPT REQUEST by Joshua Casul-Cruz for proceedings held on December 28, 2020 before Judge MEL. (Niskar, Joseph) Modified on 12/30/2020 to edit docket text (mcm). [3:20-mj-01287-BJM]
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| 32 | 32
MOTION Requesting Transcripts re31 Transcript Request by Joshua Casul-Cruz. Responses due by 1/13/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Niskar, Joseph) [3:20-mj-01287-BJM]
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| 33 | 33
MOTION to Strike Document 30 by Joshua Casul-Cruz. Responses due by 1/13/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Niskar, Joseph) [3:20-mj-01287-BJM]
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| 34 | 34 ORDER granting32 Motion Requesting Transcript as to Joshua Casul-Cruz (4); granting33 Motion to Strike as to Joshua Casul-Cruz (4). Signed by US Magistrate Judge Marcos E. Lopez on 12/30/2020. (ram) [3:20-mj-01287-BJM] | |
| Thursday, December 31, 2020 | ||
| 41 | 41
ORDER OF DETENTION Pending Trial as to Xavier Cosme-Ortiz (1). Signed by US Magistrate Judge Marcos E. Lopez on 12/28/2020. (jhi) [3:20-mj-01287-BJM]
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| 42 | 42
ORDER OF DETENTION Pending Trial as to Joshua Casul-Cruz (4). Signed by US Magistrate Judge Marcos E. Lopez on 12/28/2020. (jhi) [3:20-mj-01287-BJM]
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| Monday, January 04, 2021 | ||
| 43 | 43
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Joshua Casul-Cruz re42 Order of Detention. (Niskar, Joseph) [3:20-mj-01287-BJM]
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| 44 | 44
INFORMATIVE Motion regarding holiday pass by Christian Escalera-Maldonado. Responses due by 1/19/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Garcia-Ferreras, Ian) [3:20-mj-01287-BJM]
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| Friday, January 08, 2021 | ||
| 45 | 45
***SELECTED PARTIES***Transcript of Detention Hearing as to Joshua Casul-Cruz (4) held on December 28, 2020, before Honorable United States Magistrate Judge Marcos E. Lopez. Court Reporter/Transcriber Amy Walker, Telephone number prcsr123@gmail.com. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. The policy is located at The policy is located at www.prd.uscourts.gov. Redaction Request due 1/29/2021. Redacted Transcript Deadline set for 2/8/2021. (aw) [3:20-mj-01287-BJM]
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| 47 | 47
INDICTMENT as to Xavier Cosme-Ortiz (1) count(s) 1, 2, 3, 4, Arnaldo Morales-Padro (2) count(s) 1, 2, 3, 4, 5, 6, 7, Christian Escalera-Maldonado (3) count(s) 1, 2, 3, Joshua Casul-Cruz (4) count(s) 1, 2, 3, 4, Jorge Nieves-Rosario (5) count(s) 1, 2, 3, Pedro Figueroa-Valentin (6) count(s) 1, 2, 3. (ecc) (ecc).
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Att: 1
(1/11/2021) NPV Indictment
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| 48 | 48
Minute Entry for proceedings held before US Magistrate Judge Marshal D. Morgan: Return of Indictment by Grand Jury as to Xavier Cosme-Ortiz (1), Arnaldo Morales-Padro (2), Christian Escalera-Maldonado (3), Joshua Casul-Cruz (4), Jorge Nieves-Rosario (5), Pedro Figueroa-Valentin (6) held on 1/8/2021. Arraignment as to Defendants 1, 3, 4, 5 and 6 is set for 1/11/2021 at 10:00 AM in VTC Bridge MEL before US Magistrate Judge Marcos E. Lopez. Arraignment/Bail as to Defendant 2 is set 1/11/2021 at 10:00 AM in VTC Bridge MEL before US Magistrate Judge Marcos E. Lopez. Defendants 1, 2 and 4 are U/C. Defendants 3, 5 and 6 are on Bond. (Court Reporter DCR.) (ecc)
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