USA v. Salinas
| Arizona District Court | |
| Case #: | 4:21-cr-03077 |
| Case Filed: | Dec 06, 2021 |
| Last checked: Wednesday Dec 08, 2021 12:19 AM MST |
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Defendant
Adrian Salinas (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: 12/08/2021 12:39 AM MST |
| Monday, May 17, 2021 | ||
| Arrest of Adrian Salinas on 5/17/2021. (ADI-SGG, ) [4:21-mj-00270-N/A-DTF] | ||
| Wednesday, May 19, 2021 | ||
| 1 | 1
COMPLAINT as to Adrian Salinas. (ADI-SGG, ) [4:21-mj-00270-N/A-DTF]
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| 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 Eric J Markovich.(ADI-SGG, )(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:21-mj-00270-N/A-DTF] | |
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Initial Appearance as to Adrian Salinas held on 5/19/2021. Appointing Stephanie Joan Meade (CJA) for defendant. Defendant states true name to be the same. Detention Hearing submitted, defendant is currently on supervised release. Defendant ordered detained pending trial. Preliminary Hearing waived. Finding: Defendant held to answer before District Court. Interpreter N/A English. 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 Matthew Eltringham (via telephone with permission of the Court) for the Government, CJA Attorney F. Michael Carrillo for Stephanie Meade for defendant. Defendant is present (VTC w/consent) and in custody. Hearing held 2:19 PM to 3:15 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARS) [4:21-mj-00270-N/A-DTF] | |
| 4 | 4
ORDER OF DETENTION as to Adrian Salinas. Signed by Magistrate Judge Eric J Markovich on 5/19/2021.(ARS) [4:21-mj-00270-N/A-DTF]
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| Thursday, June 10, 2021 | ||
| 6 | 6
First MOTION for Extension of Time to Indict Unopposed by Adrian Salinas.(Meade, Stephanie) [4:21-mj-00270-N/A-DTF]
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Att: 1
Text of Proposed Order
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| Monday, June 14, 2021 | ||
| 7 | 7
ORDER granting6 First Motion for Extension of Time to Indict as to Adrian Salinas (1). It is further ordered that pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, the government shall have an additional sixty (60) days to file a timely Indictment. Signed by Magistrate Judge Eric J Markovich on 6/11/2021.(ARC) [4:21-mj-00270-N/A-DTF]
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| Wednesday, June 23, 2021 | ||
| 8 | 8
MOTION to Substitute Attorney by Adrian Salinas.(Rocha, Juan) [4:21-mj-00270-N/A-DTF]
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Att: 1
Text of Proposed Order
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| 9 | 9
ORDER granting8 Motion to Substitute Attorney as to Adrian Salinas (1).Attorney Juan L. Rocha is hereby substituted as counsel for the defendant in place of Attorney Stephanie J. Meade (CJA). Signed by Magistrate Judge Eric J Markovich on 6/23/2021.(DLC) [4:21-mj-00270-N/A-DTF]
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| Sunday, July 11, 2021 | ||
| 10 | 10
*MOTION to Review Detention Order re:4 Order of Detention by Adrian Salinas.(Rocha, Juan) *Modified to correct reference to related document on 7/12/2021 (MYE). [4:21-mj-00270-N/A-DTF]
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit
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| Monday, July 12, 2021 | ||
| 11 | 11 NOTICE OF DISTRICT JUDGE ASSIGNMENT: Judge Jennifer G Zipps re:10 Motion to Review Detention Order as to Adrian Salinas. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MFR) [4:21-mj-00270-N/A-DTF] | |
| Tuesday, July 13, 2021 | ||
| 12 | 12
NOTICE OF RELATED CASE CR 20-01872 TUC-JCH-DTF as to Adrian Salinas. (BAC) [4:21-mj-00270-N/A-DTF]
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| Thursday, July 15, 2021 | ||
| 13 | 13 *NOTICE OF DISTRICT JUDGE REASSIGNMENT: Judge John C Hinderaker re:10 Motion to Review Detention Order filed as to Adrian Salinas. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MFR) *Modified to regenerate NEF on 7/19/2021 (SCH). [4:21-mj-00270-N/A-DTF] | |
| Sunday, July 18, 2021 | ||
| 14 | 14
RESPONSE to Motion by USA as to Adrian Salinas re:10 MOTION to Review Detention Order . (Barry, Patrick) [4:21-mj-00270-N/A-DTF]
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| Friday, July 23, 2021 | ||
| 15 | 15
ORDER denying10 Motion to Review Detention Order Under 18 U.S.C. § 3145(b) as to Adrian Salinas (1). The Court concludes that the Government has proven by a preponderance of evidence that Defendant presents a serious risk of flight and finds that no condition or combination of conditions will secure the Defendant's appearance as required. Signed by Judge John C. Hinderaker on 7/23/2021.(SSG) [4:21-mj-00270-N/A-DTF]
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| Wednesday, August 04, 2021 | ||
| 16 | 16
Second MOTION for Extension of Time to Indict by Adrian Salinas. (Rocha, Juan) [4:21-mj-00270-N/A-DTF]
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| Thursday, August 05, 2021 | ||
| 17 | 17
ORDER granting16 Second Motion for Extension of Time to Indict as to Adrian Salinas (1). It is further ordered that pursuant to the Speedy Trial Act, 18 U.S.C. § 3161, the government shall have an additional sixty (60) days to file a timely Indictment. Signed by Magistrate Judge Eric J Markovich on 8/4/2021.(ARC) [4:21-mj-00270-N/A-DTF]
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| Friday, December 03, 2021 | ||
| 22 | 22
NOTICE OF ASSIGNMENT: 21-WI-1382-JCH(DTF). Proposed felony information submitted by AUSA as to defendant Salinas. (NEC) [4:21-mj-00270-N/A-DTF]
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| Monday, December 06, 2021 | ||
| 23 | 23
ORDERED that this case be reassigned from Magistrate Judge Eric J. Markovich to Magistrate Judge D. Thomas Ferraro as to Adrian Salinas. Pursuant to LR Crim Rule 5.1(a)(1), all future pleadings must carry the following case number and court designation: MJ-21-270-TUC-N/A-DTF. Signed by Magistrate Judge Eric J Markovich on 12/6/2021.(ARC) [4:21-mj-00270-N/A-DTF]
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| 24 | 24 ORDER: Pursuant to Section 15002(b)(2) of the CARES Act, prior to conducting any felony change of plea or sentencing hearing by video-teleconference, the district judge in a particular case must find for specific reasons that the plea or sentencing cannot be further delayed without serious harm to the interests of justice. Due to public health concerns arising from the COVID-19 pandemic, the federal courthouses in this district have been largely closed for a number of months. Proceedings in criminal cases have been held by video and telephone conferencing as permitted by the CARES Act, but few, if any, criminal jury trials have been held and many other criminal proceedings have been postponed. As a result, the Court is facing a serious backlog of criminal trials and proceedings that must be resolved in the coming months, and the Court will face even more criminal cases once grand jury proceedings resume and many new indictments are filed. For these reasons, the Court finds that proceedings in this case should begin now, and that further delay in this case would seriously harm the interests of justice by contributing to the growing backlog of criminal matters caused by the pandemic. Additionally, the Court finds that speedy trial concerns warrant proceeding with the plea in this case, and that further delay would seriously harm the interests of justice in a speedy resolution of this matter. For the above reasons, the Court finds that the interests of justice require that this matter proceed immediately and by VTC or, if necessary, telephonic means. Counsel are authorized to proceed with a change of plea proceeding and sentencing. Ordered by Judge John C Hinderaker.(REC)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) | |
| 25 | 25
INFORMATION - Felony as to Adrian Salinas (1) count(s) 1. (REC)
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| 27 | 27
CONSENT OF DEFENDANT Adrian Salinas for Guilty Plea Hearing before a United States Magistrate Judge. (REC)
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| 28 | 28 MINUTE ENTRY for proceedings held before Magistrate Judge Bernardo P Velasco: Arraignment/Change of Plea Hearing as to Adrian Salinas held on 12/6/2021. Defendant consents to his hearing being conducted via video conference. The defendant further consents to his attorney signing the consent, waiver and plea agreement on his behalf. Defendant(s) state true name to be the same. Adrian Salinas (1) enters a plea of guilty as to the Information. PLEA AGREEMENT FILED. Remaining allegations to be dismissed upon entry of judgment. THE COURT ORDERS the trial date/pending hearings VACATED. Pending motions are rendered moot. Prior custody orders are AFFIRMED. The Court directs the US Probation Office to prepare a Presentence Report. Appearances : AUSA Angela Martinez for Patrick Barry for the Government, retained attorney Juan Rocha for defendant. Defendant is present via VTC and in custody. Interpreter NA English. Sentencing set for 2/18/2022 at 03:10 PM before Judge John C Hinderaker. Hearing held 10:31 AM to 10:37 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REC) | |
| 29 | 29
PLEA AGREEMENT as to Adrian Salinas. (REC)
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| 30 | 30
MAGISTRATE JUDGE FINDINGS & RECOMMENDATION UPON A PLEA OF GUILTY as to Adrian Salinas. Signed by Magistrate Judge Bernardo P Velasco on 12/6/21.(REC)
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| 31 | 31
WAIVER OF INDICTMENT by Adrian Salinas. (REC)
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