USA v. Pacheco-Felix
| Arizona District Court | |
| Case #: | 4:22-mj-07747 |
| Case Filed: | Oct 13, 2022 |
| Last checked: Saturday Oct 15, 2022 12:43 AM MST |
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Defendant
Jose David Pacheco-Felix (1)
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Represented By
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Material Witness
Material Witnesses
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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: 10/15/2022 1:48 AM MST |
| Tuesday, October 11, 2022 | ||
| Arrest of Jose David Pacheco-Felix on 10/11/2022. (REC) | ||
| Thursday, October 13, 2022 | ||
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COMPLAINT as to Jose David Pacheco-Felix. (REC)
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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 Jacqueline M Rateau.(REC)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) | |
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AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Jose David Pacheco-Felix signed by Magistrate Judge Jacqueline M Rateau. (REC)
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| 4 | 4 MINUTE ENTRY for proceedings held before Magistrate Judge Jacqueline M Rateau: Initial Appearance as to Jose David Pacheco-Felix held on 10/13/2022. FINANCIAL AFFIDAVIT TAKEN. Appointing FPD Annamarie Lourdes Valdivia for defendant. Defendant states true name to be the same. Detention Hearing submitted. Defendant ordered detained pending further proceedings. Defense counsel may refile before the paired Magistrate should new information become available. Preliminary Hearing waived. Finding: Defendant held to answer before District Court. The Magistrate case referral is Judge Aguilera. 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 Tanya Miller (Duty) for the Government, AFPD Jordan Malka for Annamarie Valdivia for defendant. Defendant is present and in custody. Spanish Interpreter Liliana Nido and Juan Cordova assists defendant. Hearing held 2:11 PM to 2:34 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ALS) | |
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MINUTE ENTRY for proceedings held before Magistrate Judge Jacqueline M Rateau: Initial Appearance for Material Witness in case as to Jose David Pacheco-Felix held on 10/13/2022. Material Witness(es) are present and in custody. Juliana Ore-Giron appointed as counsel for the material witnesses with appointment type Spanish. (See PDF for details.) Hearing held 1:20 PM to 1:27 PM.(ALS)
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NOTICE of Video Deposition Hearing as to Date, Time and Location by USA as to Jose David Pacheco-Felix. (ALS)
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SEALED CJA 23 Financial Affidavit by Jose David Pacheco-Felix. (DLC)
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