USA v. Duran-Baez
| Utah District Court | |
| Case #: | 2:24-cr-00058 |
| Case Filed: | Feb 28, 2024 |
| Last checked: Friday Mar 01, 2024 12:38 AM MST |
|
Defendant
Roberto Duran-Baez (1)
|
Represented By
|
|
Plaintiff
USA
|
Represented By
|
| Docket last updated: 03/01/2024 2:29 AM MST |
| Tuesday, February 20, 2024 | ||
| 1 | 1
SEALED COMPLAINT as to Roberto Duran-Baez (1). Assigned to Magistrate Judge Daphne A. Oberg. (mh) [2:24-mj-00161-DAO]
|
|
| Thursday, February 22, 2024 | ||
| 3 | 3 ORDER SETTING HEARING OR TRIAL as to Roberto Duran-Baez. Initial Appearance set for 2/26/2024 at 01:15 PM in Rm 8.400 before Magistrate Judge Daphne A. Oberg. Signed by Magistrate Judge Daphne A. Oberg on 2/22/2024.(lam) [2:24-mj-00161-DAO] | |
| Sunday, February 25, 2024 | ||
| 4 | 4
MOTION for Detention by USA as to Roberto Duran-Baez. (lam) [2:24-mj-00161-DAO]
|
|
| Monday, February 26, 2024 | ||
| Case unsealed as to Roberto Duran-Baez (lam) [2:24-mj-00161-DAO] | ||
| 5 | 5
MOTION for Detention by USA as to Roberto Duran-Baez. (alf) [2:24-mj-00161-DAO]
|
|
| 6 | 6 Oral MOTION to Unseal Case by USA as to Roberto Duran-Baez. (lam) [2:24-mj-00161-DAO] | |
| 7 | 7 DOCKET TEXT ORDER granting 6 Motion to Unseal Case as to Roberto Duran-Baez (1) Signed by Magistrate Judge Daphne A. Oberg on 2/26/2024. No attached document. (lam) [2:24-mj-00161-DAO] | |
| 8 | 8 Minute Entry for proceedings held before Judge Magistrate Judge Daphne A. Oberg: Initial Appearance/Attorney Appointment/Pretrial Conference/Detention as to Roberto Duran-Baez held on 2/26/2024. Defendant present and in custody. The defendant requests counsel. Financial affidavit submitted. The court appoints CJA counsel. Added attorney Kathryn Neal Nester for Roberto Duran-Baez. Rights and penalties explained. The court finds the case meets the threshold for a detention hearing and that a presumption of detention applies. The government is seeking detention. Defendant makes an argument for release. The court finds the defendant is an unmanageable risk and orders him detained. Defendant is remanded to the custody of the USMS. Court Reporter required Y. Interpreter required Y. Is this an In-person Hearing Y.( Arraignment set for 2/29/2024 at 02:00 PM in Rm 8.400 before Magistrate Judge Daphne A. Oberg.) Attorney for Plaintiff: Ryan Holtan, Attorney for Defendant: Kathy Nester, CJA. Interpreter: Noelia Erickson. Probation Officer: Wyatt Stanworth. Court Reporter: Electronic.(Time Start: 1:08:15, Time End: 1:28:48, Room 8.400.) (lam) [2:24-mj-00161-DAO] | |
| 9 | 9 DOCKET TEXT Order Appointing CJA Counsel as to Roberto Duran-Baez: Appointment of Attorney Kathryn Neal Nester for Roberto Duran-Baez. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 2/26/2024.(lam) [2:24-mj-00161-DAO] | |
| 10 | 10 DOCKET TEXT ORDER as to Roberto Duran-Baez. In accordance with the Due Process Protections Act, counsel is reminded of the disclosure obligation of the prosecutor under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. In particular, the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. Id. at 87. Evidence is material within the meaning of Brady when there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different. Cone v. Bell, 556 U.S. 449, 469-470 (2009). A reasonable probability does not mean that the defendant would more likely than not have received a different verdict with the evidence, only that the likelihood of a different result is great enough to undermine confidence in the outcome of the trial. Smith v. Cain, 565 U.S. 73, 75 (2012). Possible consequences for a violation of this Order may include, but are not limited to, exclusion of evidence at trial, a finding of contempt, granting of a continuance, and dismissal of the charges with prejudice. Signed by Magistrate Judge Daphne A. Oberg on 2/26/2024.(lam) [2:24-mj-00161-DAO] | |
| 11 | 11
ORDER OF DETENTION PENDING TRIAL as to Roberto Duran-Baez.
NOTE: Any future review of detention will remain with the magistrate judge who entered the first detention order, even if an order of referral to a different magistrate judge is entered on this defendant's case.
Signed by Magistrate Judge Daphne A. Oberg on 2/26/2024.(lam) [2:24-mj-00161-DAO]
|
|
| 12 | 12 DOCKET TEXT ORDER granting 4 Motion for Detention as to Roberto Duran-Baez NOTE: Any future review of detention will remain with the magistrate judge who entered the first detention order, even if an order of referral to a different magistrate judge is entered on this defendant's case. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 2/26/2024. No attached document. (lam) [2:24-mj-00161-DAO] | |
| 14 | 14
**SEALED DOCUMENT** PRETRIAL SERVICES REPORT as to Roberto Duran-Baez (kna) [2:24-mj-00161-DAO]
|
|
| Wednesday, February 28, 2024 | ||
| Spanish Interpreter Required in case as to Roberto Duran-Baez. (mh) | ||
| 15 | 15
INDICTMENT as to Roberto Duran-Baez (1) count(s) 1, 2. Assigned to Judge Robert J. Shelby. (mh)
|
|