USA v. Kirchhoff
| South Dakota District Court | |
| Case #: | 5:22-cr-50040 |
| Case Filed: | Mar 08, 2022 |
| Last checked: Thursday Mar 10, 2022 1:46 AM CST |
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Defendant
Kyle J. Kirchhoff (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: 03/10/2022 1:55 AM CST |
| Wednesday, February 23, 2022 | ||
| 1 | 1
COMPLAINT as to Kyle J. Kirchhoff (1).
NOTICE REGARDING COOPERATOR INFORMATION: All plea agreements and sentencing memoranda contain a sealed supplement which includes either a statement there was cooperation or a statement there was no cooperation. It is not possible to determine from examination of docket entries whether a defendant did or did not cooperate with the government. (CLR) [5:22-mj-00037-JLV]
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Att: 1
Sealed Affidavit in Support
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MOTION to Seal Case and Permanently Seal Affidavit in Support of Application for Criminal Complaint by USA as to Kyle J. Kirchhoff. (CLR) [5:22-mj-00037-JLV]
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ORDER granting3 Motion to Seal Case and Permanently Sealing Affidavit as to Kyle J. Kirchhoff (1). Signed by US Magistrate Judge Daneta Wollmann on 2/23/2022. (CLR) [5:22-mj-00037-JLV]
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| Thursday, February 24, 2022 | ||
| Case unsealed as to Kyle J. Kirchhoff. (SC) [5:22-mj-00037-JLV] | ||
| Set Hearings as to Kyle J. Kirchhoff: Initial Appearance set for 2/25/2022 at 01:40 PM in Rapid City Courtroom 2 - Room 236 before US Magistrate Judge Daneta Wollmann. (SC) [5:22-mj-00037-JLV] | ||
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Preliminary BAIL Report as to Kyle J. Kirchhoff. In a multi-defendant case, access to this document is restricted to counsel of record for the defendant and government counsel. (Novak, Carol) [5:22-mj-00037-JLV]
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| Friday, February 25, 2022 | ||
| Set Hearings as to Kyle J. Kirchhoff: Preliminary Hearing set for 3/11/2022 at 01:20 PM in Rapid City Courtroom 2 - Room 236 before US Magistrate Judge Daneta Wollmann. (SC) [5:22-mj-00037-JLV] | ||
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Stipulation for Entry of Standing Discovery Order as to Kyle J. Kirchhoff. (Sazama, Heather) [5:22-mj-00037-JLV]
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Warrant Returned Executed on 2/23/2022 in case as to Kyle J. Kirchhoff. (CLR) [5:22-mj-00037-JLV]
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Minute Entry for proceedings held before US Magistrate Judge Daneta Wollmann: Arraignment as to Kyle J. Kirchhoff (1) Count Complaint held on 2/25/2022 Plea Entered: Not Guilty, Initial Appearance as to Kyle J. Kirchhoff held on 2/25/2022. TEXT ORDER. Pursuant to the Due Process Protections Act, the Court confirms the United States' obligation to disclose to the defendant all exculpatory evidence--that is, evidence that favors the defendant or casts doubt on the United States' case, as required by Brady v. Maryland , 373 U.S. 83 (1963) and its progeny, and ORDERS the United States to do so. Failure to disclose exculpatory evidence in a timely manner may result in consequences, including, but not limited to, exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action, or sanctions by the Court , Detention Hearing as to Kyle J. Kirchhoff held on 2/25/2022. (Court Reporter: FTR) (SC) [5:22-mj-00037-JLV]
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ORDER OF DETENTION as to Kyle J. Kirchhoff Signed by US Magistrate Judge Daneta Wollmann on 2/25/2022. (SC) [5:22-mj-00037-JLV]
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NOTICE OF ATTORNEY APPEARANCE: Alecia E. Fuller (FPD) appearing for Kyle J. Kirchhoff. (Fuller (FPD), Alecia) [5:22-mj-00037-JLV]
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REQUEST for Notice Pursuant to Fed. R. Evid. 404(b) by Kyle J. Kirchhoff . (Fuller (FPD), Alecia) [5:22-mj-00037-JLV]
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REQUEST for Notice Pursuant to Fed. R. Evid. 609(b) by Kyle J. Kirchhoff . (Fuller (FPD), Alecia) [5:22-mj-00037-JLV]
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REQUEST for Notice Pursuant to Fed. R. Evid. 807(b) by Kyle J. Kirchhoff . (Fuller (FPD), Alecia) [5:22-mj-00037-JLV]
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| Monday, February 28, 2022 | ||
| 14 | 14 TEXT ORDER REGARDING DISCOVERY. Upon the foregoing Stipulation6 and for good cause shown, it is hereby ORDERED that any discovery materials, including but not limited to statements and summaries of interviews of witnesses furnished by the prosecution to the defense, shall not be used by the Defendant or the attorney for the Defendant for any purpose other than in direct relationship to this case. Without permission of the Court, defense counsel shall not photocopy the materials or provide them to any third party, except to make copies for use of the defense counsel in this case, an investigator, or expert witness. No further dissemination of discovery material shall be made, and under no circumstances shall such material be available to any employee of any attorney who was previously convicted of a felony but not restored to his or her civil rights. Any and all copies of discovery materials shall be returned to defense counsel at the completion of the case so that they can be destroyed by defense counsel. Defense counsel shall otherwise keep the items furnished in the possession of defense counsel, and the materials shall not be given to the Defendant or anyone else without the permission of the Court. Defense counsel may allow the Defendant to read the discovery materials, but only in the presence of defense counsel, the defense investigator, or a defense expert. It is further ORDERED that all discovery materials not previously destroyed shall be returned to attorneys for the United States of America immediately upon final disposition of the case. This text order entered as to Kyle J. Kirchhoff (1). Signed by US Magistrate Judge Daneta Wollmann on 2/28/2022. (SC) [5:22-mj-00037-JLV] | |
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SCHEDULING AND CASE MANAGEMENT ORDER as to Kyle J. Kirchhoff. Suppression Voluntariness Motion due by 3/22/2022. Motions due by 4/8/2022. Plea Agreement due by 4/15/2022. Pretrial Conference set for 4/25/2022 at 09:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Jeffrey L. Viken. Jury Trial set for 5/3/2022 at 09:00 AM in Rapid City Courtroom 1 - Room 301 before U.S. District Judge Jeffrey L. Viken. Signed by U.S. District Judge Jeffrey L. Viken on 2/28/22. (SB) [5:22-mj-00037-JLV]
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CJA 23 Financial Affidavit signed by Kyle J. Kirchhoff. Judge to take under advisement and issue a written order at a later date. (SC) [5:22-mj-00037-JLV]
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| Wednesday, March 02, 2022 | ||
| 17 | 17 TEXT ORDER Appointing Federal Public Defender as to Kyle J. Kirchhoff (1). Signed by US Magistrate Judge Daneta Wollmann on 3/2/2022. (SC) [5:22-mj-00037-JLV] | |
| Monday, March 07, 2022 | ||
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NOTICE OF ATTORNEY APPEARANCE: Paul M. Eisenbraun appearing as retained counsel for Kyle J. Kirchhoff. (Eisenbraun, Paul) [5:22-mj-00037-JLV]
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MOTION to Withdraw as Attorney re Alecia E. Fuller by Kyle J. Kirchhoff. (Fuller (FPD), Alecia) [5:22-mj-00037-JLV]
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| Tuesday, March 08, 2022 | ||
| 20 | 20 ORDER granting19 Motion to Withdraw as Attorney. Attorney Alecia E. Fuller (FPD) terminated in case as to Kyle J. Kirchhoff (1). Signed by US Magistrate Judge Daneta Wollmann on 3/8/2022. (SC) [5:22-mj-00037-JLV] | |
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3
pgs
INDICTMENT (personal identifiers redacted) as to Kyle J. Kirchhoff (1) count(s) 1, 2, 3.
NOTICE REGARDING COOPERATOR INFORMATION: All plea agreements and sentencing memoranda contain a sealed supplement which includes either a statement there was cooperation or a statement there was no cooperation. It is not possible to determine from examination of docket entries whether a defendant did or did not cooperate with the government. (DJP)
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Att: 1
Sealed Charging Document
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