USA v. Mendez-Lopez
| Arizona District Court | |
| Case #: | 4:22-cr-01251 |
| Case Filed: | Jun 08, 2022 |
| Last checked: Saturday Jun 11, 2022 12:43 AM MST |
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Defendant
Baudilio Alfonso Mendez-Lopez (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: 06/11/2022 1:26 AM MST |
| Saturday, May 14, 2022 | ||
| Arrest of Baudilio Alfonso Mendez-Lopez on 5/14/2022. (CAB) [4:22-mj-07299-N/A-BGM] | ||
| Monday, May 16, 2022 | ||
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COMPLAINT as to Baudilio Alfonso Mendez-Lopez. (CAB) [4:22-mj-07299-N/A-BGM]
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| Tuesday, May 17, 2022 | ||
| 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 Jacqueline M Rateau.(CAB)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:22-mj-07299-N/A-BGM] | |
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Jacqueline M Rateau: Initial Appearance as to Baudilio Alfonso Mendez-Lopez held on 5/17/2022. Defendant(s) state true name to be the same. Government's motion for detention and request for continuance of the Detention Hearing is granted. Defendant(s) temporarily detained in the custody of the U.S. Marshal. Interpreter required for Baudilio Alfonso Mendez-Lopez (1) Spanish. 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. An attorney is appointed to represent the defendant. Appearances : AUSA Beverly Anderson (Duty) for the Government, CJA Attorney David Aguilar specially appearing for defendant. Defendant is present and in custody. Spanish Interpreter Hortensia Studer assists defendant. Detention Hearing set for 5/27/2022 at 08:30 AM before Magistrate Judge Leslie A Bowman. Preliminary Hearing set for 5/27/2022 at 08:30 AM before Magistrate Judge Leslie A Bowman. Hearing held 2:16 PM to 3:04 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ALS) [4:22-mj-07299-N/A-BGM] | |
| 4 | 4 MINUTE ORDER: Added appointed attorney Raymond Vincent Panzarella (CJA) for Baudilio Alfonso Mendez-Lopez. In light of the COVID-19 pandemic, in lieu of the defendants appearance at the currently scheduled preliminary hearing and detention hearing, counsel may file a waiver of the preliminary hearing and a consent to the defendants detention based on their clients lack of ties to the United States, with leave to reopen the detention hearing at a later date, if appropriate. If defense counsel is requesting a preliminary hearing with testimony from a government witness, then defense counsel must contact the assigned magistrate judge to schedule the preliminary hearing sufficiently in advance of the 14 day deadline provided by Rule 5.1(c). If counsel would like to schedule a change of plea hearing, they should contact the referred Magistrate Judges chambers. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:22-mj-07299-N/A-BGM] | |
| Wednesday, May 25, 2022 | ||
| 6 | 6
WAIVER OF PRELIMINARY HEARING AND CONSENT TO DETENTION by Baudilio Alfonso Mendez-Lopez filed 5/25/2022. (Panzarella, Raymond) [4:22-mj-07299-N/A-BGM]
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| 7 | 7 ORDER OF DETENTION PENDING TRIAL as to Baudilio Alfonso Mendez-Lopez. I conclude that the following facts require the detention of the defendant pending trial in this case. Findings of Fact and Statement of Reasons: (1) There is probable cause to believe that the defendant has committed an offense. (2) There is a serious risk that the defendant will not appear. (3) Defendant is a citizen of another country, illegally in the United States of America. (4) Defendant does not have sufficient ties to the community. (5) The reports from Pretrial Services Agency are adopted as the further findings of this Magistrate Judge. Directions Regarding Detention: The defendant is committed to the custody of the Attorney General or his/her designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility shall deliver the defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding. This case is hereby referred to the magistrate judge for further proceedings. Signed by Magistrate Judge Bruce G Macdonald on 5/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAB) [4:22-mj-07299-N/A-BGM] | |
| Wednesday, June 08, 2022 | ||
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INDICTMENT as to Baudilio Alfonso Mendez-Lopez (1) count(s) 1. Arraignment set for 7/1/2022 at 11:00 AM before Magistrate Judge Jacqueline M Rateau. ***NOTICE: Counsel is advised as to ARRAIGNMENT set, TRIAL date is 8/09/2022 at 9:30 AM, and PLEA DEADLINE is 7/22/2022.
NOTE: The process for waiving defendants 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. (ARC)
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SEALED UNREDACTED INDICTMENT as to Baudilio Alfonso Mendez-Lopez. (ARC)
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