USA v. Soto-Garcia
| Arizona District Court | |
| Case #: | 4:23-cr-00439 |
| Case Filed: | Mar 29, 2023 |
| Last checked: Friday Apr 28, 2023 1:03 AM MST |
|
Defendant
Perla Adelene Soto-Garcia (1)
|
Represented By
|
|
Plaintiff
USA
|
Represented By
|
| Docket last updated: 04/28/2023 1:14 AM MST |
| Thursday, March 02, 2023 | ||
| Arrest of Perla Adelene Soto-Garcia on 3/2/2023. (CKS) [4:23-mj-01593-N/A-JR] | ||
| Friday, March 03, 2023 | ||
| 1 | 1
COMPLAINT as to Perla Adelene Soto-Garcia. (CKS) [4:23-mj-01593-N/A-JR]
|
|
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Initial Appearance as to Perla Adelene Soto-Garcia held on 3/3/2023. FINANCIAL AFFIDAVIT TAKEN. Appointing James Daniel Smith for Perla Adelene Soto-Garcia 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 as to Perla Adelene Soto-Garcia waived on 3/3/2023. Finding: Defendant held to answer before District Court. Interpreter required for Perla Adelene Soto-Garcia (1) Spanish. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Matthew Cassell, attorney on duty for the Government, AFPD John Connelly for James Smith for defendant. Defendant is present and in custody. Spanish Interpreter Lucinda Bush assists defendant. Detention Hearing set for 3/7/2023 at 10:30 AM before Magistrate Judge Leslie A Bowman. Hearing held 2:07 PM to 2:35 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) [4:23-mj-01593-N/A-JR] | |
| 4 | 4 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 Maria S Aguilera.(CXE)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:23-mj-01593-N/A-JR] | |
| 5 | 5
SEALED CJA 23 Financial Affidavit by Perla Adelene Soto-Garcia. (CXE) [4:23-mj-01593-N/A-JR]
|
|
| Tuesday, March 07, 2023 | ||
| 7 | 7 *AMENDED by doc 8 MINUTE ENTRY for proceedings held before Magistrate Judge Leslie A. Bowman: Status Conference Re: Detention Hearing as to Perla Adelene Soto-Garcia held on 3/7/2023. Pretrial Services recommends detention. Defense counsel moves for a continuance. Discussion is held regarding possible release. The Court takes a brief recess. Back on the record, discussion is held regarding possible housing should the Defendant be released. For reasons stated on the record and there being no objection from the Government, the Court orders the Detention Hearing continued as indicated below. Appearances : AUSA Arturo Aguilar, attorney on duty, for the Government, AFPD James Smith for defendant. Defendant is present and in custody. Spanish Interpreter Juan Radillo assists defendant. Detention Hearing continued to 3/9/2023 at 10:30 AM before Magistrate Judge Leslie A. Bowman. Hearing held 10:45 AM to 11:11 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CMB) *Modified on 3/7/2023 (CMB). [4:23-mj-01593-N/A-JR] | |
| 8 | 8 AMENDED MINUTE ENTRY for proceedings held before Magistrate Judge Leslie A Bowman: Amending Doc. 7 MINUTE ENTRY for proceedings held before Magistrate Judge Leslie A. Bowman: Status Conference Re: Detention Hearing as to Perla Adelene Soto-Garcia held on 3/7/2023. Pretrial Services recommends detention. Defense counsel moves for a continuance. Discussion is held regarding possible release. The Court takes a brief recess. Back on the record, discussion is held regarding possible housing should the Defendant be released. For reasons stated on the record and there being no objection from the Government, the Court orders the Detention Hearing continued as indicated below. Appearances : AUSA Arturo Aguilar, attorney on duty, for the Government, AFPD James Smith for defendant. Defendant is present and in custody. Spanish Interpreter Juan Radillo assists defendant. Detention Hearing continued to 3/9/2023 at 10:30 AM before Magistrate Judge Leslie A. Bowman. Hearing held 10:51 AM to 10:53 AM and 11:06 AM to 11:11 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CMB) Reason for Amendment: to correct hearing time. [4:23-mj-01593-N/A-JR] | |
| Thursday, March 09, 2023 | ||
| 10 | 10 MINUTE ENTRY for proceedings held before Magistrate Judge Leslie A. Bowman: Detention Hearing as to Perla Adelene Soto-Garcia held on 3/9/2023. Pretrial Services recommends release and the Government submits on the recommendation. The Court orders the Defendant released on her own recognizance with conditions to a halfway house. The Defendant is advised on the record. Order Setting Conditions of Release signed. Appearances : AUSA Michelle Chamblee, attorney on duty, for the Government, AFPD James Smith for defendant. Defendant is present and in custody. Spanish Interpreter Juan Carlos Cordova assists defendant. Hearing held 10:36 AM to 11:12 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CMB) [4:23-mj-01593-N/A-JR] | |
| 11 | 11
ORDER Setting Conditions of Release as to Perla Adelene Soto-Garcia. Signed by Magistrate Judge Leslie A. Bowman on 3/9/2023.(CMB) [4:23-mj-01593-N/A-JR]
|
|
| Friday, March 10, 2023 | ||
| 12 | 12
NOTICE OF INTENT TO DESTROY CONTRABAND by USA as to Perla Adelene Soto-Garcia. (Savel, David) [4:23-mj-01593-N/A-JR]
|
|
| Monday, March 13, 2023 | ||
| 13 | 13
NOTICE re: PASSPORT as to Perla Adelene Soto-Garcia. Defendant is not permitted to apply for the issuance of a passport and/or passport card during the pendency of this action. (JAG) [4:23-mj-01593-N/A-JR]
|
|
| Tuesday, March 14, 2023 | ||
| 14 | 14
NOTICE re SURRENDER of Passport as to Perla Adelene Soto-Garcia. Issued by United States. Defendant not permitted to apply for passport/passport card during the pendency of this action. (JAG) [4:23-mj-01593-N/A-JR]
|
|
| Wednesday, March 29, 2023 | ||
| 15 | 15
INDICTMENT as to Perla Adelene Soto-Garcia (1) count(s) 1, 2, 3, 4. Arraignment set for 4/21/2023 at 11:00 AM before Magistrate Judge Lynnette C Kimmins. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following dates: Trial: 5/31/2023; Plea Deadline: 5/12/2023.
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)
|
|
| 17 | 17
SEALED UNREDACTED INDICTMENT as to Perla Adelene Soto-Garcia. (KAH)
|
|