USA v. Clements et al
| New Mexico District Court | |
| Case #: | 5:23-cr-01389 |
| Case Filed: | Sep 14, 2023 |
| Last checked: Saturday Sep 16, 2023 3:55 AM MDT |
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Defendant
Kevin Dwight Clements (1)
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Represented By
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Defendant
Karyn Estrada (2)
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Represented By
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Interested Party
US Probation and Pretrial Services
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Represented By
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Plaintiff
USA
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Represented By
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GPO
Jan 11 2024
ORDER by District Judge Margaret I. Strickland DENYING 55 Defendants' Motion to Dismiss Counts One and Two of the Indictment. (gri)ORDER by District Judge Margaret I. Strickland DENYING 55 Defendants' Motion to Dismiss Counts One and Two of the Indictment. (gri) |
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GPO
Jan 11 2024
ORDER by District Judge Margaret I. Strickland DENYING 53 Motion to Dismiss Count Three of the Indictment. (gri) |
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GPO
Jan 11 2024
ORDER by District Judge Margaret I. Strickland DENYING 54 Defendant's Motion to Dismiss Counts 4 and 5 of the Indictment Under the Second Amendment. (gri) |
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GPO
Feb 15 2024
ORDER by District Judge Margaret I. Strickland DENYING 69 Defendant Karyn L. Estrada's Opposed Motion for Reconsideration of the Court's 66 Order Denying Defendant's Motion to Dismiss and Requesting Bill of Particulars. (gri)ORDER by District Judge Margaret I. Strickland DENYING 69 Defendant Karyn L. Estrada's Opposed Motion for Reconsideration of the Court's 66 Order Denying Defendant's Motion to Dismiss and Requesting Bill of Particulars. (gri) |
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GPO
Mar 12 2024
ORDER by District Judge Margaret I. Strickland (1) DENYING Defendants' Motions to Continue, ECF Nos. 78, 79; (2) GRANTING IN PART and DENYING IN PART Defendants' Motion to Amend the Court's Scheduling Order, ECF No. 81. (jml)ORDER by District Judge Margaret I. Strickland (1) DENYING Defendants' Motions to Continue, ECF Nos. 78, 79; (2) GRANTING IN PART and DENYING IN PART Defendants' Motion to Amend the Court's Scheduling Order, ECF No. 81. (jml) |
| Docket last updated: 09/16/2023 5:34 AM MDT |
| Thursday, April 06, 2023 | ||
| 1 | 1
COMPLAINT as to Kevin Dwight Clements (1), Karyn Estrada (2). (nr) [5:23-mj-00612-DLM]
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| 2 | 2
ARREST Warrant Issued by Magistrate Judge Barbara S. Evans as to Kevin Dwight Clements. Two certified copies of Complaint and ARREST Warrant delivered to USMS by interoffice mail box. Copy of Complaint and ARREST Warrant placed in USPPS mail box. (nr) [5:23-mj-00612-DLM]
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| 3 | 3
ARREST Warrant Issued by Magistrate Judge Barbara S. Evans as to Karyn Estrada. Two certified copies of Complaint and ARREST Warrant delivered to USMS by interoffice mail box. Copy of Complaint and ARREST Warrant placed in USPPS mail box. (nr) [5:23-mj-00612-DLM]
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| Monday, April 10, 2023 | ||
| Arrest of Karyn Estrada (vrr) [5:23-mj-00612-DLM] | ||
| Case unsealed as to Karyn Estrada (cer) [5:23-mj-00612-DLM] | ||
| 4 | 4
Arrest Warrant Returned Executed on 04/10/2023 as to Karyn Estrada. (cer) [5:23-mj-00612-DLM]
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| 5 | 5
Clerk's Minutes for proceedings held before Magistrate Judge Barbara S. Evans: Initial Appearance as to Karyn Estrada held on 4/10/2023. Preliminary/Detention Hearing set for 4/14/2023 at 9:00am. (cer) [5:23-mj-00612-DLM]
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| 6 | 6 Pursuant to the Due Process Protections Act, the Court confirms the United States' obligation to produce all exculpatory evidence to the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and orders it to do so. Failing to do so in a timely manner may result in consequences, including but not limited to, exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, or sanctions by Magistrate Judge Barbara S. Evans (cer) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [5:23-mj-00612-DLM] | |
| Tuesday, April 11, 2023 | ||
| 7 | 7 ORDER APPOINTING FEDERAL PUBLIC DEFENDER Francisco Valcarcel for Karyn Estrada by Magistrate Judge Barbara S. Evans (vrr) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [5:23-mj-00612-DLM] | |
| 8 | 8 NOTICE OF HEARING as to Karyn Estrada: Preliminary/Detention Hearing set for 4/14/2023 at 09:00 AM in Las Cruces - 340 Sierra Blanca Courtroom (North Tower) - Remote before Magistrate Judge Barbara S. Evans. (vrr) NOTE: 1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record. 2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues. 3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking. *** REMINDER: Recording or broadcasting of this hearing is prohibited. *** [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [5:23-mj-00612-DLM] | |
| Thursday, April 13, 2023 | ||
| U.S. Probation and Pretrial Services added as interested party.(Casteneda, Eduardo) [5:23-mj-00612-DLM] | ||
| Attorney update in case as to Kevin Dwight Clements and Karyn Estrada. Attorney Robert Eliot Neal for USA added. (cer) [5:23-mj-00612-DLM] | ||
| 10 | 10
NOTICE OF ATTORNEY APPEARANCE Robert Eliot Neal appearing for USA. Co-counsel (Neal, Robert) [5:23-mj-00612-DLM]
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| Friday, April 14, 2023 | ||
| 11 | 11 Clerk's Minutes for proceedings held on 4/14/2023 before Magistrate Judge Barbara S. Evans: Preliminary/Detention Hearing CONTINUED as to Karyn Estrada; Defendant to be interviewed by Pretrial Services and hearings to be reset next week; Defendant to remain in custody. (AUSA: Eliot Neal; Defense: Jessica Martin for Francisco Valcarcel) NOTICE OF HEARING: Preliminary/Detention Hearing reset for 4/19/2023 at 9:00 AM in Las Cruces - 340 Sierra Blanca Courtroom (North Tower) - Remote before Magistrate Judge Damian L. Martinez. (kls) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [5:23-mj-00612-DLM] | |
| 12 | 12 PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Damian L. Martinez. The first page of each document must have the case file number and initials of the assigned judge. Accordingly, further documents filed in this matter must bear the case number and the judge's initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Barbara S. Evans no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kls) [5:23-mj-00612-DLM] | |
| Tuesday, April 18, 2023 | ||
| 13 | 13
MOTION for Writ of Habeas Corpus Ad Prosequendum for Custody of Defendant Until Completion of Federal Case by USA as to Kevin Dwight Clements. (Villalobos, Matilda) [5:23-mj-00612-DLM]
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| 15 | 15
WAIVER of Hearings by Karyn Estrada (Valcarcel, Francisco) [5:23-mj-00612-DLM]
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| 16 | 16 ORDER TO CONTINUE - Ends of Justice as to Karyn Estrada by Magistrate Judge Damian L. Martinez. The Court having reviewed the waiver of preliminary hearing, waiver of personal presence at the preliminary hearing and request for tolling of Grand Jury presentment and waiver of detention, now finds that the ends of justice served by granting the request to toll the speedy indictment computation outweigh the interest of the defendant and the public in a speedy indictment. The Court expressly finds that the public's interest in a speedy indictment in this case is outweighed by: (I) the public's interest in a reasonably expeditious resolution of the case; (2) the public's interest in relieving the burden that would be placed on judicial, prosecutorial, defense, and law enforcement resources if the case proceeded to a preliminary examination and/or a speedy indictment; and (3) the potential benefit conferred upon the defendant in an expedited resolution of the case. IT IS THEREFORE. ORDERED, ADJUDGED. and DECREED that pursuant to 18 U.S.C.§3161(h)(7)(A), a period of time of 75 days from today's date is hereby tolled and excluded from the computation of speedy indictment. At the expiration of this 75-day period, the 30-day period pursuant to 18 U.S.C.§3161(b) for speedy indictment shall resume. IT IS FURTHER ORDERED that the preliminary and detention hearings are vacated. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cer) [5:23-mj-00612-DLM] | |
| Wednesday, April 19, 2023 | ||
| 17 | 17
ORDER OF DETENTION as to Karyn Estrada by Magistrate Judge Damian L. Martinez (cer) [5:23-mj-00612-DLM]
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| Thursday, April 20, 2023 | ||
| 18 | 18
ORDER by Magistrate Judge Damian L. Martinez granting13 Motion for Writ as to Kevin Dwight Clements (1) (vh) [5:23-mj-00612-DLM]
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| 19 | 19
Writ of Habeas Corpus ad Prosequendum Issued as to Kevin Dwight Clements for 05/02/2023 at 9:00 a.m. (vh) [5:23-mj-00612-DLM]
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| 20 | 20 NOTICE OF HEARING as to Kevin Dwight Clements: Initial Appearance set for 5/2/2023 at 09:00 AM in Las Cruces - 340 Sierra Blanca Courtroom (North Tower) - Remote before Magistrate Judge Jerry H. Ritter. (vh) NOTE: 1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record. 2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues. 3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking. *** REMINDER: Recording or broadcasting of this hearing is prohibited. *** [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [5:23-mj-00612-DLM] | |
| Friday, April 28, 2023 | ||
| Arrest of Kevin Dwight Clements (nr) [5:23-mj-00612-DLM] | ||
| Monday, May 01, 2023 | ||
| Case unsealed as to Kevin Dwight Clements. (kls) [5:23-mj-00612-DLM] | ||
| 21 | 21
Arrest Warrant Returned Executed on 4/28/23 as to Kevin Dwight Clements. (nr) [5:23-mj-00612-DLM]
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| 22 | 22
Clerk's Minutes for proceedings held before Magistrate Judge Barbara S. Evans: Initial Appearance as to Kevin Dwight Clements held on 5/1/2023. (nr) [5:23-mj-00612-DLM]
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| 23 | 23 Pursuant to the Due Process Protections Act, the Court confirms the United States' obligation to produce all exculpatory evidence to the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and orders it to do so. Failing to do so in a timely manner may result in consequences, including but not limited to, exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, or sanctions by Magistrate Judge Damian L. Martinez (nr) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [5:23-mj-00612-DLM] | |
| 24 | 24 CJA 20: Appointment of Attorney Damian Rasmussen for Kevin Dwight Clements by Magistrate Judge Jerry H. Ritter. (kls) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [5:23-mj-00612-DLM] | |
| 25 | 25 NOTICE OF HEARING as to Kevin Dwight Clements: Preliminary/Detention Hearing set for 5/5/2023 at 9:00 AM in Las Cruces - 340 Sierra Blanca Courtroom (North Tower) - Remote before Magistrate Judge Jerry H. Ritter. (kls) NOTE: 1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record. 2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues. 3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking. *** REMINDER: Recording or broadcasting of this hearing is prohibited. *** [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [5:23-mj-00612-DLM] | |
| Thursday, May 04, 2023 | ||
| U.S. Probation and Pretrial Services added as interested party.(Jennings, Patrick) [5:23-mj-00612-DLM] | ||
| 28 | 28
WAIVER of Hearings by Kevin Dwight Clements (Rasmussen, Damian) [5:23-mj-00612-DLM]
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| Friday, May 05, 2023 | ||
| 29 | 29 ORDER TO CONTINUE - Ends of Justice as to Kevin Dwight Clements by Magistrate Judge Jerry H. Ritter.The Court having reviewed the waiver of preliminary hearing, waiver of personal presence at the preliminary hearing and request for tolling of Grand Jury presentment and waiver of detention hearing, now finds that the ends of justice served by granting the request to toll the speedy indictment computation outweigh the interest of the defendant and the public in a speedy indictment. The Court expressly finds that the public's interest in a speedy indictment in this case is outweighed by: (I) the public's interest in a reasonably expeditious resolution of the case; (2) the public's interest in relieving the burden that would be placed on judicial, prosecutorial, defense, and law enforcement resources if the case proceeded to a preliminary examination and/or a speedy indictment; and (3) the potential benefit conferred upon the defendant in an expedited resolution of the case. IT IS THEREFORE. ORDERED, ADJUDGED. and DECREED that pursuant to 18 U.S.C.§3161(h)(7)(A), a period of time of 75 days from today's date is hereby tolled and excluded from the computation of speedy indictment. At the expiration of this 75-day period, the 30-day period pursuant to 18 U.S.C.§3161(b) for speedy indictment shall resume. IT IS FURTHER ORDERED that the preliminary and detention hearings are vacated. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (nr) [5:23-mj-00612-DLM] | |
| 30 | 30
ORDER OF DETENTION as to Kevin Dwight Clements by Magistrate Judge Jerry H. Ritter (nr) [5:23-mj-00612-DLM]
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| Tuesday, May 16, 2023 | ||
| 31 | 31
Unopposed MOTION for Protective Order by USA as to Kevin Dwight Clements. (Villalobos, Matilda) [5:23-mj-00612-DLM]
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| Wednesday, May 17, 2023 | ||
| 32 | 32
ORDER by Magistrate Judge Damian L. Martinez granting31 Motion for Protective Order as to Kevin Dwight Clements (1) (vh) [5:23-mj-00612-DLM]
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| Friday, June 09, 2023 | ||
| 33 | 33
Unopposed MOTION for Protective Order by USA as to Karyn Estrada. (Villalobos, Matilda) [5:23-mj-00612-DLM]
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| Monday, June 12, 2023 | ||
| 34 | 34
ORDER by Magistrate Judge Damian L. Martinez granting33 Motion for Protective Order as to Karyn Estrada (2) (ac) [5:23-mj-00612-DLM]
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| Monday, July 17, 2023 | ||
| 35 | 35
Unopposed MOTION for Extension of Time to Indict by Kevin Dwight Clements. (Rasmussen, Damian) [5:23-mj-00612-DLM]
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| Tuesday, July 18, 2023 | ||
| 36 | 36
Unopposed MOTION to Extend (other) Time Limit for Grand Jury Presentment by Karyn Estrada. (Valcarcel, Francisco) [5:23-mj-00612-DLM]
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| Thursday, July 20, 2023 | ||
| 37 | 37
ORDER EXTENDING TIME LIMIT FOR GRAND JURY by Magistrate Judge Damian L. Martinez as to Kevin Dwight Clements Granting35 Unopposed MOTION for Extension of Time to Indict filed by Kevin Dwight Clements. (cer) [5:23-mj-00612-DLM]
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| 38 | 38
ORDER EXTENDING TIME LIMIT FOR GRAND JURY PRESENTMENT by Magistrate Judge Damian L. Martinez as to Karyn Estrada Granting36 Unopposed MOTION to Extend (other) Time Limit for Grand Jury Presentment filed by Karyn Estrada. (cer) [5:23-mj-00612-DLM]
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| Thursday, September 14, 2023 | ||
| 39 | 39 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Margaret I. Strickland. The first page of each document must have the case file number and initials of the assigned judge. Accordingly, further documents filed in this matter must bear the case number and the judge's initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Judge Unassigned no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (rh) | |
| 41 | 41
REDACTED INDICTMENT as to Kevin Dwight Clements (1) count(s) 1, 3, 4, 5, Karyn Estrada (2) count(s) 1, 2. (rh)
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