USA v. Barajas
| Arizona District Court | |
| Case #: | 4:23-cr-00774 |
| Case Filed: | May 31, 2023 |
| Last checked: Saturday Jun 03, 2023 12:33 AM MST |
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Defendant
Patricia Marie Barajas (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: 06/03/2023 12:55 AM MST |
| Monday, May 01, 2023 | ||
| Arrest of Patricia Marie Barajas on 5/1/2023. (CMB) [4:23-mj-02729-N/A-JR] | ||
| Tuesday, May 02, 2023 | ||
| 1 | 1
COMPLAINT as to Patricia Marie Barajas. (CMB) [4:23-mj-02729-N/A-JR]
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| Wednesday, May 03, 2023 | ||
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Initial Appearance as to Patricia Marie Barajas held on 5/3/2023. FINANCIAL AFFIDAVIT TAKEN. Appointing Timothy Davis Rogers for Patricia Marie Barajas with Appointment Type: AFPD. Defendant(s) state true name to be the same. Although PTS recommends release on conditions, the 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 not required for Patricia Marie Barajas (1). Appearances : AUSA Evan Wesley, duty for the Government, AFPD Tim Rogers for defendant. Defendant is present and in custody. Detention Hearing set for 5/5/2023 at 10:30 AM before Magistrate Judge Eric J Markovich. Preliminary Hearing set for 5/5/2023 at 10:30 AM before Magistrate Judge Eric J Markovich. Hearing held 2:15 pm to 2:35 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:23-mj-02729-N/A-JR] | |
| 4 | 4
SEALED CJA 23 Financial Affidavit by Patricia Marie Barajas. (BHA) [4:23-mj-02729-N/A-JR]
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| 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 Bruce G Macdonald.(BHA)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:23-mj-02729-N/A-JR] | |
| Friday, May 05, 2023 | ||
| 6 | 6 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Detention Hearing as to Patricia Marie Barajas held on 5/5/2023. Pretrial Services recommends release. The Government does not object. Defendant ordered released on conditions set forth in the separate Order Setting Conditions of Release. Defendant is advised of those conditions. Preliminary Hearing waived. Finding: Defendant held to answer before District Court. Appearances : AUSA Ryan Ellersick, attorney on duty for the Government. AFPD Nancy Arce for Timothy Rogers for defendant. Defendant is present and in custody. Interpreter: N/A. Hearing held 10:34 AM to 10:48 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAB) [4:23-mj-02729-N/A-JR] | |
| 7 | 7
ORDER Setting Conditions of Release as to Patricia Marie Barajas. Signed by Magistrate Judge Eric J Markovich on 5/5/2023.(CAB) [4:23-mj-02729-N/A-JR]
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| Wednesday, May 31, 2023 | ||
| 8 | 8
INDICTMENT as to Patricia Marie Barajas (1) count(s) 1, 2. Arraignment set for 6/23/2023 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: 8/1/2023; Plea Deadline: 7/14/2023.
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. (JAM)
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| 10 | 10
SEALED UNREDACTED INDICTMENT as to Patricia Marie Barajas. (KAH)
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