USA v. Leal-Espinoza
| Arizona District Court | |
| Case #: | 4:22-cr-02756 |
| Case Filed: | Dec 28, 2022 |
| Last checked: Saturday Dec 31, 2022 12:28 AM MST |
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Defendant
Manuel De Jesus Leal-Espinoza (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: 12/31/2022 1:08 AM MST |
| Friday, December 02, 2022 | ||
| Arrest of Manuel De Jesus Leal-Espinoza on 12/2/2022. (SIB) [4:22-mj-00723-N/A-MSA] | ||
| Monday, December 05, 2022 | ||
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COMPLAINT as to Manuel De Jesus Leal-Espinoza. (SIB) [4:22-mj-00723-N/A-MSA]
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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.(SIB)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:22-mj-00723-N/A-MSA] | |
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Initial Appearance as to Manuel De Jesus Leal-Espinoza held on 12/5/2022. 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 Manuel De Jesus Leal-Espinoza (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 Matthew Cassell, attorney on duty for the Government, CJA Attorney Patrick Doyle, specially appearing for defendant. Defendant is present and in custody. Spanish Interpreter Juan Carlos Cordova assists defendant. Detention Hearing set for 12/7/2022 at 10:30 AM before Magistrate Judge Lynnette C Kimmins. Preliminary Hearing set for 12/7/2022 at 10:30 AM before Magistrate Judge Lynnette C Kimmins. Hearing held 2:17 PM to 2:51 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) [4:22-mj-00723-N/A-MSA] | |
| 5 | 5 MINUTE ORDER: Added appointed attorney Matei Tarail (FPD) for Manuel De Jesus Leal-Espinoza. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:22-mj-00723-N/A-MSA] | |
| Wednesday, December 07, 2022 | ||
| 6 | 6 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Detention Hearing as to Manuel De Jesus Leal-Espinoza held on 12/7/2022. Defendant ordered detained pending trial., Preliminary Hearing as to Manuel De Jesus Leal-Espinoza waived on 12/7/2022. Finding: Defendant held to answer before District Court.. Magistrate case referral is Judge Aguilera. Appearances : AUSA David Zipps, attorney on duty for the Government, AFPD Angeles Rodriguez-Madera for Matei Tarail for defendant. Defendant is present and in custody. Spanish Interpreter Juan Cordova assists defendant. Hearing held 10:34 AM to 10:41 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAB) [4:22-mj-00723-N/A-MSA] | |
| 7 | 7 ORDER OF DETENTION PENDING TRIAL as to Manuel De Jesus Leal-Espinoza. 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. Signed by Magistrate Judge Lynnette C Kimmins on 12/07/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAB) [4:22-mj-00723-N/A-MSA] | |
| Wednesday, December 28, 2022 | ||
| 8 | 8
INDICTMENT as to Manuel De Jesus Leal-Espinoza (1) count(s) 1. Arraignment set for 1/20/2023 at 11:00 AM before Magistrate Judge Leslie A Bowman. ***NOTICE: Counsel is advised as to ARRAIGNMENT set, TRIAL date is 2/28/2023 at 9:30 AM, and PLEA DEADLINE is 2/10/2023.
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 Manuel De Jesus Leal-Espinoza. (ARC)
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