USA v. Juan
| Arizona District Court | |
| Case #: | 4:23-cr-01755 |
| Case Filed: | Nov 15, 2023 |
| Last checked: Friday Nov 17, 2023 12:22 AM MST |
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Defendant
Maisi Rainbow Juan (1)
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Represented By
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Plaintiff
USA
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Represented By
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| TERMINATED PARTIES | |
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Material Witness
Material Witnesses
Terminated: 11/15/2023
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Represented By
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| Docket last updated: 11/17/2023 2:02 AM MST |
| Monday, October 16, 2023 | ||
| Arrest of Maisi Rainbow Juan on 10/16/2023. (CAB) [4:23-mj-04719-N/A-BGM] | ||
| Tuesday, October 17, 2023 | ||
| 1 | 1
COMPLAINT as to Maisi Rainbow Juan. (CAB) [4:23-mj-04719-N/A-BGM]
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| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Maisi Rainbow Juan signed by Magistrate Judge Maria S Aguilera. (CAB) [4:23-mj-04719-N/A-BGM]
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| Thursday, October 19, 2023 | ||
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Initial Appearance for Material Witness in case as to Maisi Rainbow Juan held on 10/19/2023. Material Witness(es) are present and in custody. Juliana Ore-Giron appointed as counsel for the material witnesses with appointment type CJA. The Court orders the Material Witnesses temporarily detained in the custody of the United States Marshal pursuant to 18§3144. IT IS ORDERED the United States Attorney shall schedule a date and time for the video deposition of the material witness(es) within 30 days of appearance. (a juvenile material witness within 24 hours) IT IS FURTHER ORDERED that counsel shall preserve video deposition testimony pending resolution of this matter. The Court notes the Video Depositions are set for 11/13/2023 at 1:00 PM in the Grand Jury Room.Material Witness(es) present and state true name to be the following: Cielo Mary Flor Aguilar-Jimenez and Darwin Josue Cornejo-Arana. Appearances : AUSA Frances Kreamer Hope, attorney on duty for the Government, CJA Attorney Juliana Ore-Giron for material witness(es). Material Witness(es) are present and in custody. Spanish Interpreter Sandra Bravo, appears telephonically, and assists material witness(es). Hearing held 1:30 PM to 1:38 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) [4:23-mj-04719-N/A-BGM] | |
| 4 | 4
Notice of Video Deposition Hearing as to Maisi Rainbow Juan. (CXE) [4:23-mj-04719-N/A-BGM]
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| 5 | 5 MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Initial Appearance as to Maisi Rainbow Juan held on 10/19/2023. FINANCIAL AFFIDAVIT TAKEN. Appointing Kristian Harrison Salter for the defendant with Appointment Type: CJA. Defendant(s) state true name to be the same. Detention Hearing as to the defendant held on 10/19/2023. Defendant ordered/continued detained pending trial. Preliminary Hearing as to the defendant waived on 10/19/2023. Finding: Defendant held to answer before District Court. Interpreter N/A English. Defense counsel submits as to the issue of detention at this time. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Frances Kreamer Hope, attorney on duty for the Government, CJA Attorney Kristian Salter for defendant. Defendant is present and in custody. Hearing held 2:17 PM to 2:48 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) [4:23-mj-04719-N/A-BGM] | |
| 6 | 6 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-04719-N/A-BGM] | |
| 7 | 7
SEALED CJA 23 Financial Affidavit by Maisi Rainbow Juan. (CXE) [4:23-mj-04719-N/A-BGM]
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| Friday, October 20, 2023 | ||
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ORDER OF DETENTION as to Maisi Rainbow Juan. Signed by Magistrate Judge Maria S Aguilera on 10/19/2023.(CXE) [4:23-mj-04719-N/A-BGM]
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| Monday, October 23, 2023 | ||
| 10 | 10
First MOTION for Hearing re: Status Conference by USA as to Maisi Rainbow Juan. (Fenwick, Austin) [4:23-mj-04719-N/A-BGM]
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| Tuesday, October 24, 2023 | ||
| 11 | 11 ORDER granting10 Motion for Hearing as to Maisi Rainbow Juan (1). Status Conference set for 11/9/2023 at 11:00 AM in Courtroom 3C, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Bruce G Macdonald.Attorneys are expected to meet and confer in good faith before the status conference and should be prepared to discuss whether the parties will be filing a stipulation to release material witnesses and vacate the depositions, or to confirm that the currently scheduled video depositions will be going forward.If the stipulation to release material witnesses is signed in advance, parties should file the stipulation prior to the status conference and the status hearing will be vacated; otherwise, both the AUSA and defense counsel shall be present in court with a physical copy of the release of material witnesses.If a release for material witnesses is executed and the defendant wishes to plead guilty, counsel is to contact chambers. Ordered by Magistrate Judge Angela M Martinez. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(SRM) [4:23-mj-04719-N/A-BGM] | |
| Monday, October 30, 2023 | ||
| 12 | 12
NOTICE OF RELATED CASE CR 17-01806 001-TUC-JGZ (BGM) as to Maisi Rainbow Juan. (JAM) [4:23-mj-04719-N/A-BGM]
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| Tuesday, October 31, 2023 | ||
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ORDER as to Maisi Rainbow Juan, that this case be referred to U.S. Magistrate Judge Bruce G. Macdonald from U.S. Magistrate Judge Angela M. Martinez, based on Defendant having a related case: CR 17-01806 TUC-JGZ(BGM). Pursuant to Rule 5.1(a) of the Rules of Practice, all further pleadings shall bear the designation of 23-mj-04719(BGM) . Signed by Magistrate Judge Angela M Martinez on 10/30/23.(JAM) [4:23-mj-04719-N/A-BGM]
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| Thursday, November 02, 2023 | ||
| 14 | 14
STIPULATION Stipulation and Joint Motion for Release of Material Witnesses Without Video Deposition and Order by Maisi Rainbow Juan. (Salter, Kristian) [4:23-mj-04719-N/A-BGM]
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| 15 | 15
ORDER granting14 Stipulation and Joint Motion for Release of Material Witnesses Without Taking Video Deposition as to Maisi Rainbow Juan. The United States Marshals Service is to release the material witnesses to the Department of Homeland Security for return to their country of origin. IT IS FURTHER ORDERED the Status Conference currently set on November 9, 2023 at 11:00 AM is VACATED. IT IS FURTHER ORDERED the Video Depositions currently set on November 13, 2023 at 1:00 PM are VACATED. Signed by Magistrate Judge Bruce G Macdonald on 11/2/23.(JAM) [4:23-mj-04719-N/A-BGM]
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| Wednesday, November 15, 2023 | ||
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INDICTMENT as to Maisi Rainbow Juan (1) count(s) 1, 2-3. Arraignment set for 12/8/23 at 11:00 AM before Magistrate Judge Rateau. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following proposed dates: Trial: 1/17/24; Plea Deadline: 12/29/23.
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. (MYE)
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| 19 | 19
SEALED UNREDACTED INDICTMENT as to Maisi Rainbow Juan. (DLC)
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