USA v. Urbalejo
| Arizona District Court | |
| Case #: | 4:21-cr-01455 |
| Case Filed: | Jun 23, 2021 |
| Last checked: Saturday Jun 26, 2021 12:41 AM MST |
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Defendant
Miguel Antonio Urbalejo (1)
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Represented By
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Plaintiff
USA
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Represented By
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| Docket last updated: 06/26/2021 1:07 AM MST |
| Thursday, May 27, 2021 | ||
| Arrest of Miguel Antonio Urbalejo on 5/27/2021. (ADI-ABU, ) [4:21-mj-04448-N/A-EJM] | ||
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COMPLAINT as to Miguel Antonio Urbalejo. (ADI-ABU, ) [4:21-mj-04448-N/A-EJM]
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| Friday, May 28, 2021 | ||
| 2 | 2 ORDER: Under federal law, including Rule 5(f) of the Federal Rules of Criminal Procedure, Brady v. Maryland , 373 U.S. 83 (1963), and all applicable decisions from the Supreme Court and the Ninth Circuit interpreting Brady , the government has a continuing obligation to produce all information or evidence known to the government relating to guilt or punishment that might reasonably be considered favorable to the defendant's case, even if the evidence is not admissible so long as it is reasonably likely to lead to admissible evidence. See United States v. Price , 566 F.3d 900,913 n.14 (9th Cir. 2009). Accordingly, the court orders the government to produce to the defendant in a timely manner all such information or evidence. Information or evidence may be favorable to a defendant's case if it either may help bolster the defendant's case or impeach a prosecutor's witness or other government evidence. If doubt exists, it should be resolved in favor of the defendant with full disclosure being made. If the government believes that a required disclosure would compromise witness safety, victim rights, national security, a sensitive law-enforcement technique, or any other substantial government interest, the government may apply to the Court for a modification of the requirements of this Disclosure Order, which may include in camera review and/or withholding or subjecting to a protective order all or part of the information. This Disclosure Order is entered under Rule 5(f) and does not relieve any party in this matter of any other discovery obligation. The consequences for violating either this Disclosure Order or the government's obligations under Brady include, but are not limited to, the following: contempt, sanction, referral to a disciplinary authority, adverse jury instruction, exclusion of evidence, and dismissal of charges. Nothing in this Disclosure Order enlarges or diminishes the government's obligation to disclose information and evidence to a defendant under Brady , as interpreted and applied under Supreme Court and Ninth Circuit precedent. As the Supreme Court noted, "the government violates the Constitution's Due Process Clause 'if it withholds evidence that is favorable to the defense and material to the defendant's guilt or punishment." ' Turner v. United States , 137 S. Ct. 1885, 1888 (2017), quoting Smith v. Cain , 565 U.S. 73, 75 (2012). Ordered by Magistrate Judge Maria S Aguilera.(ADI-ABU, )(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:21-mj-04448-N/A-EJM] | |
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Initial Appearance as to Miguel Antonio Urbalejo held on 5/28/2021. Appointing Jay Aaron Marble for Miguel Antonio Urbalejo with Appointment Type: FPD. Defendant(s) state true name to be the same. Government's motion for detention and request for continuance of the Detention Hearing is granted. Defendants temporarily detained in the custody of the U.S. Marshal. Interpreter required for Miguel Antonio Urbalejo (1) Spanish. The Court takes judicial notice of the Pretrial Services' report and finds the Defendant indigent and appoints counsel. Defendant, after consultation with counsel has consented to appear by VTC this date. Under Criminal Rule 5(f), the Government is ordered to comply with its disclosure obligations under Brady v. Maryland and related cases. Failure to do so may result in sanctions. Appearances : AUSA David Flannigan, attorney on duty for the Government, AFPD Jessica Murrillo for Jay Marble for defendant. Defendant is present and in custody. Spanish Interpreter Juan Carlos Cordova assists defendant. Detention Hearing set for 6/3/2021 at 09:00 AM before Magistrate Judge Jacqueline M Rateau. Preliminary Hearing set for 6/3/2021 at 09:00 AM before Magistrate Judge Jacqueline M Rateau. Hearing held 2:18 PM to 3:25 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ADI-CXE, ) [4:21-mj-04448-N/A-EJM] | |
| Thursday, June 03, 2021 | ||
| 6 | 6 *MINUTE ENTRY for proceedings held before Magistrate Judge Jacqueline M. Rateau: Detention Hearing as to Miguel Antonio Urbalejo held on 6/3/2021. Defendant consents to appear by video teleconference and gives defense counsel permission to sign documents on his behalf. Pretrial Services recommends release to third-party custodian. The Government objects and argues for detention. The Court orders the Defendant released on a personal appearance bond in the amount of $2,000.00 secured by third-party custodian and the Defendant. The Defendant and custodian are advised on the record. Order Setting Conditions of Release signed. Preliminary Hearing is waived. Finding: Defendant held to answer before District Court. The Magistrate referral judge is Judge Markovich. Appearances : AUSA David Flannigan, duty, for the Government, AFPD Sonia Fleury for Jay Marble for defendant. Defendant is present by video teleconference and in custody. Third-Party Custodian, Abigail Urbalejo-Vasquez, is present. Spanish Interpreter Juan Carlos Cordova assists defendant. Hearing held 9:01 AM to 9:28 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CMB) *Modified on 6/3/2021 to include consent to have documents signed on his behalf (CMB). [4:21-mj-04448-N/A-EJM] | |
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ORDER Setting Conditions of Release as to Miguel Antonio Urbalejo. Signed by Magistrate Judge Jacqueline M. Rateau on 6/3/2021.(CMB) [4:21-mj-04448-N/A-EJM]
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| Friday, June 04, 2021 | ||
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NOTICE re: PASSPORT as to Miguel Antonio Urbalejo. Defendant is not permitted to apply for the issuance of a passport and/or passport card during the pendency of this action. (PTS-SA, ) [4:21-mj-04448-N/A-EJM]
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| Wednesday, June 23, 2021 | ||
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INDICTMENT as to Miguel Antonio Urbalejo (1) count(s) 1, 2, 3, 4. Arraignment set for 7/13/2021 at 1:30 PM before Magistrate Judge Bowman in Courtroom 3A. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following dates: Trial: 8/24/2021; Plea Deadline: 8/6/2021.
NOTE: The process for waiving defendant's appearance at Arraignment has changed. There is no longer a need to file a Notice of Intent to File Waiver of Defendants Appearance. Instead, signed appearance waivers may be electronically filed using the Waiver of Defendants Presence at Arraignment and Acknowledgement of Trial Date event. The event is located under Criminal Event Categories: Other Filings/Waivers. The signed Waiver must be filed no later than 12:00 PM the business day prior to the scheduled arraignment.
Failure of defense counsel to file a timely waiver (or a timely motion to continue) may result in the reappointment of defense counsel. (MYE)
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SEALED UNREDACTED INDICTMENT as to Miguel Antonio Urbalejo. (ADI-MFR, )
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