USA v. Lemus
| Arizona District Court | |
| Case #: | 4:23-cr-00479 |
| Case Filed: | Apr 05, 2023 |
| Last checked: Friday Apr 07, 2023 1:01 AM MST |
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Defendant
Steven Lemus (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: 04/07/2023 1:33 AM MST |
| Monday, March 06, 2023 | ||
| Arrest of Steven Lemus on 3/6/2023. (ARS) [4:23-mj-08635-N/A-JR] | ||
| Tuesday, March 07, 2023 | ||
| 1 | 1
COMPLAINT as to Steven Lemus. (ARS) [4:23-mj-08635-N/A-JR]
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| Wednesday, March 08, 2023 | ||
| 2 | 2
SEALED CJA 23 Financial Affidavit by Steven Lemus. (REC) [4:23-mj-08635-N/A-JR]
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| 4 | 4 MINUTE ENTRY for proceedings held before Magistrate Judge D Thomas Ferraro: Initial Appearance as to Steven Lemus held on 3/8/2023. FINANCIAL AFFIDAVIT TAKEN. Appointing John Anthony Connelly for Steven Lemus with Appointment Type: FPD. 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. Preliminary Hearing waived on 3/8/2023. Finding: Defendant held to answer before District Court. Interpreter required for Steven Lemus (1) Spanish. Defense counsel requests Pretrial Services screen the defendant for residential treatment with no objection by the government. The Court grants counsel's request and sets the detention hearing to later date as noted. 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 David Zipps (duty) for the Government, AFPD Alessandra Bermudez for John Connelly for defendant. Defendant is present and in custody. Spanish Interpreter Liliana Nido-Zawacki assists defendant. Detention Hearing set for 3/23/2023 at 10:30 AM before Magistrate Judge Lynnette C Kimmins. Hearing held 2:00 pm to 2:31 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REC) [4:23-mj-08635-N/A-JR] | |
| Thursday, March 09, 2023 | ||
| 5 | 5 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 D Thomas Ferraro.(REC)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:23-mj-08635-N/A-JR] | |
| Wednesday, March 15, 2023 | ||
| 6 | 6
NOTICE of Intent to Destroy Contraband by USA as to Steven Lemus. (Schmit, Micah) [4:23-mj-08635-N/A-JR]
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| Monday, March 20, 2023 | ||
| 7 | 7
First MOTION to Continue Detention Hearing by Steven Lemus. (Connelly, John) [4:23-mj-08635-N/A-JR]
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| Tuesday, March 21, 2023 | ||
| 8 | 8 ORDER granting7 Motion to Continue Detention Hearing as to Steven Lemus (1). Detention Hearing reset for 4/4/2023 at 10:30 AM before Magistrate Judge Jacqueline M Rateau. Ordered by Magistrate Judge Jacqueline M Rateau on 3/21/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ALS) [4:23-mj-08635-N/A-JR] | |
| Tuesday, April 04, 2023 | ||
| 10 | 10 MINUTE ENTRY for proceedings held before Magistrate Judge Jacqueline M. Rateau: Detention Hearing as to Steven Lemus held on 4/4/2023. Pretrial Services recommends detention. The Government concurs and argues for detention. Defense counsel argues for release to residential treatment. The Court adopts the recommendation of Pretrial Services and orders the Defendant detained pending trial. Appearances : AUSA Michael Lizano (duty) for the Government, AFPD John Connelly for defendant. Defendant is present and in custody. Spanish Interpreter Hortensia Studer assists defendant. Hearing held 10:35 AM to 11:12 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CMB) [4:23-mj-08635-N/A-JR] | |
| Wednesday, April 05, 2023 | ||
| 11 | 11
ORDER OF DETENTION as to Steven Lemus. Signed by Magistrate Judge Jacqueline M. Rateau on 4/4/2023.(CMB) [4:23-mj-08635-N/A-JR]
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| 12 | 12
INDICTMENT as to Steven Lemus (1) count(s) 1, 2, 3, 4, 5, 6. Arraignment set for 4/28/2023 at 11:00 AM before Magistrate Judge D Thomas Ferraro. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following dates: Trial: 6/6/2023; Plea Deadline: 5/19/2023.
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. (MCO)
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| 14 | 14
SEALED UNREDACTED INDICTMENT as to Steven Lemus. (DLC)
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