USA v. Havier
| Arizona District Court | |
| Case #: | 4:23-cr-00021 |
| Case Filed: | Jan 04, 2023 |
| Last checked: Saturday Jan 07, 2023 12:40 AM MST |
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Defendant
Kandice Havier (1)
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Represented By
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Plaintiff
USA
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Represented By
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| TERMINATED PARTIES | |
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Material Witness
Material Witnesses
Terminated: 01/04/2023
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Represented By
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| Docket last updated: 01/07/2023 12:54 AM MST |
| Friday, December 09, 2022 | ||
| Arrest of Kandice Havier (1) and Sheridan Elizabeth Campillo (2), on 12/9/2022. (LML) [4:22-mj-06496-N/A-LCK] | ||
| Monday, December 12, 2022 | ||
| 1 | 1
COMPLAINT as to Kandice Havier (1) and Sheridan Elizabeth Campillo (2). (LML) [4:22-mj-06496-N/A-LCK]
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| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESSES as to Kandice Havier (1) and Sheridan Elizabeth Campillo (2), signed by Magistrate Judge Lynnette C Kimmins. (LML) [4:22-mj-06496-N/A-LCK]
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| 3 | 3 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 Lynnette C Kimmins. (LML)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:22-mj-06496-N/A-LCK] | |
| 5 | 5
MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance for Material Witness in case as to Kandice Havier, Sheridan Elizabeth Campillo held on 12/12/2022. Material Witness(es) are present and in custody. Matthew McGuire appointed as counsel for the material witnesses with appointment type CJA. Hearing held 1:24 pm to 1:33 pm.(CKS) [4:22-mj-06496-N/A-LCK]
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NOTICE OF VIDEO DEPOSITION HEARING as to Kandice Havier, Sheridan Elizabeth Campillo. (CKS) [4:22-mj-06496-N/A-LCK]
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| 9 | 9 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance as to Kandice Havier held on 12/12/2022. FINANCIAL AFFIDAVIT TAKEN. Appointing Kristian Harrison Salter for the defendant with Appointment Type: CJA. Defendant(s) state true name to be the same., Detention Hearing as to the defendant held on 12/12/2022. Defendant ordered/continued detained pending trial. Preliminary Hearing as to the defendant waived on 12/12/2022. Finding: Defendant held to answer before District Court. Interpreter required for the defendant (1) English. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Material Witness Video Depositions are scheduled for 1/6/2023 at 1:00 p.m. Magistrate Case Referral is Judge Kimmins, all filings shall reflect 4:22-mj-06496-1 (LCK). Appearances : AUSA Chris Curran (duty) for the Government, CJA Attorney Kristian Salter for defendant. Defendant is present and in custody. Hearing held 2:40 pm to 3:42 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) [4:22-mj-06496-N/A-LCK] | |
| 10 | 10
ORDER OF DETENTION as to Kandice Havier. Signed by Magistrate Judge Lynnette C Kimmins on 12/12/2022.(CKS) [4:22-mj-06496-N/A-LCK]
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| 11 | 11
SEALED CJA 23 Financial Affidavit by Kandice Havier. (DLC) [4:22-mj-06496-N/A-LCK]
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| Wednesday, December 14, 2022 | ||
| 13 | 13
MOTION for Hearing re: STATUS CONFERENCE by USA as to Kandice Havier, Sheridan Elizabeth Campillo. (Sottosanti, Julie) [4:22-mj-06496-N/A-LCK]
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| 14 | 14 ORDER granting13 Motion for Hearing as to Kandice Havier (1), Sheridan Elizabeth Campillo (2). Status Conference set for 1/4/2023 at 09:20 AM in Courtroom 5F, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Lynnette C Kimmins. Attorneys are expected to meet and confer in good faith before the status conference and should be prepared to discuss whether the parties will be filing a stipulation to release material witnesses and vacate the depositions, or to confirm that the currently scheduled video depositions will be going forward. If the stipulation to release material witnesses is signed in advance, parties should file the stipulation prior to the status conference and the status hearing will be vacated; otherwise, both the AUSA and defense counsel shall be present in court with a physical copy of the release of material witnesses. If a release for material witnesses is executed and the defendant wishes to plead guilty, counsel is to contact chambers. Ordered by Magistrate Judge Lynnette C Kimmins. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(NB) [4:22-mj-06496-N/A-LCK] | |
| Tuesday, January 03, 2023 | ||
| 17 | 17
LODGED Proposed STIPULATION AND JOINT MOTION FOR RELEASE OF MATERIAL WITNESS WITHOUT TAKING VIDEO DEPOSITION by Kandice Havier. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted.. (Salter, Kristian) [4:22-mj-06496-N/A-LCK]
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| Wednesday, January 04, 2023 | ||
| 18 | 18
STIPULATION Stipulation and Joint Motion for Release of Material Witnesses Without Video Deposition by Kandice Havier. (Salter, Kristian) [4:22-mj-06496-N/A-LCK]
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| 19 | 19 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Status Conference as to Kandice Havier, Sheridan Elizabeth Campillo held on 1/4/2023. A stipulation to release material witnesses has been filed on behalf of defendant, Kandice Havier. Ms. Havier consents to her attorney signing a court document on her behalf. The Court advises Ms. Havier as to the stipulation. The government informs the Court that they will be filing a Motion to Dismiss Complaint as to Ms. Campillo. The Court indicates that once the Motion and Order to Dismiss Complaint have been filed, an Order to Release Material Witness(es) will issue. Appearances : AUSA Julie Sottosanti for the Government, CJA Attorney Kristian Salter for defendant (1), CJA Attorney Henry Jacobs for defendant (2). Defendants are present and in custody. Hearing held 9:27 am to 9:32 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) [4:22-mj-06496-N/A-LCK] | |
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ORDER granting18 Stipulation and joint motion of the parties as to Kandice Havier, Sheridan Elizabeth Campillo: IT IS ORDERED directing the United States Marshal to release the material Witnesses, Reynaldo Mendez-Vazquez and Aquileo Mendoza-Martinez, in this action, to the Bureau of Immigration and Customs Enforcement, Department of Homeland Security for return to their country of origin. Signed by Magistrate Judge Lynnette C Kimmins on 1/4/2023.(CKS) [4:22-mj-06496-N/A-LCK]
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INDICTMENT as to Kandice Havier (1) count(s) 1, 2-3. Arraignment set for 1/27/2023 at 11:00 AM before Magistrate Judge Eric J Markovich. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following dates: Trial: 3/7/2023; Plea Deadline: 2/17/2023.
NOTE: The process for waiving defendant's 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 Kandice Havier. (KAH)
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