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ORDER as to Omar Osorio: Initial appearance held on 2/7/2023. Defendant Omar Osorio appears following arrest on 2/6/2023. Retained counsel Liam Kelly appeared for Defendant, indicating that he will be representing the defendant along with co-counsel Robert Rascia. Defendant is advised of his rights and the charges. The Government orally moves for a detention hearing pursuant to 18 U.S.C. 3142(f)(1)(C). The matter is set for a detention hearing and status on preliminary hearing on 2/9/2023 at 1:00 p.m. in courtroom 1743. At Defendant's request, counsel Robert Rascia may appear at the hearing by telephone provided co-counsel is in the courtroom with the defendant. Pursuant to Federal Rule of Criminal Procedure Rule 5(f)(1), the court confirms the prosecutor's continuing obligation under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, to disclose information favorable to the Defendant that is material to guilt or punishment. Failure to disclose may result in various consequences, including but not limited to exclusion of evidence, adverse jury instructions, a mistrial, dismissal of charges, vacatur of a conviction or guilty plea, disciplinary action against the prosecution, and contempt proceedings. Without objection, time is excluded in the interest of justice from 2/7/2023 to and including 2/9/2023 pursuant to 18 U.S.C. § 3161(h)(7)(A)(B) and for reasons stated in open court. Defendant is remanded to the custody of the U.S. Marshal and shall remain in custody pending further order of court. Signed by the Honorable Sheila M. Finnegan on 2/07/2023. Mailed notice. (rc, )
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