USA v. Lopez
| Arizona District Court | |
| Case #: | 4:24-cr-00918 |
| Case Filed: | Feb 28, 2024 |
| Last checked: Friday Mar 29, 2024 12:42 AM MST |
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Defendant
Angel Alan Lopez (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: 03/29/2024 2:20 AM MST |
| Monday, January 29, 2024 | ||
| Arrest of Angel Alan Lopez on 1/29/2024. (CXE) [4:24-mj-07109-N/A-LCK] | ||
| Tuesday, January 30, 2024 | ||
| 1 | 1
COMPLAINT as to Angel Alan Lopez. (CXE) [4:24-mj-07109-N/A-LCK]
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| Wednesday, January 31, 2024 | ||
| 2 | 2 MINUTE ENTRY for proceedings held before Magistrate Judge Jacqueline M Rateau: Initial Appearance as to Angel Alan Lopez held on 1/31/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Jorge Leonardo Costales for defendant with Appointment Type: FPD. Defendant(s) state true name to be the same. Government's motion for detention and Defendant's request for continuance of the Detention Hearing is granted. Defendant(s) temporarily detained in the custody of the U.S. Marshal. Preliminary Hearing waived on 1/31/2024. Finding: Defendant held to answer before District Court. Interpreter required for Angel Alan Lopez (1) English. The Government invokes the presumption. At the request of Defense Counsel and there being no objection from the Government, the Court orders Pretrial Services to screen the Defendant for possible treatment. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Michelle Chamblee (duty) for the Government, AFPD Elena Kay for Leonardo Costales for defendant. Defendant is present and in custody. Interpreter N/A. Detention Hearing set for 2/14/2024 at 10:30 AM before Magistrate Judge Angela M Martinez. Hearing held 2:32 PM to 3:04 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CMB) [4:24-mj-07109-N/A-LCK] | |
| 3 | 3 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 Jacqueline M Rateau.(CMB)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-07109-N/A-LCK] | |
| 4 | 4
SEALED CJA 23 Financial Affidavit by Angel Alan Lopez. (CMB) [4:24-mj-07109-N/A-LCK]
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| Wednesday, February 14, 2024 | ||
| 6 | 6 MINUTE ENTRY for proceedings held before Magistrate Judge Angela M Martinez: Detention Hearing addressed as to Angel Alan Lopez on 2/14/2024. Government requests detention. Pretrial Services recommends detention per the Addendum to the Report dated 2/13/2024; however the Defendant was deemed suitable for placement at treatment facility. Defense counsel requests the Detention Hearing be reset to allow opportunity to provide documentation that any outstanding warrants related to lower court matters be quashed. There being no objection, the Court grants defense counsel's request and the Detention Hearing is RESET as reflected below. Appearances : AUSA Michael Lizano (duty) for the Government, AFPD Jorge Leonardo Costales for defendant. Defendant is present and in custody. Interpreter N/A English.Further Detention Hearing set for 2/28/2024 at 10:30 AM before Magistrate Judge Lynnette C Kimmins. Hearing held 11:22 AM to 1:08 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REC) [4:24-mj-07109-N/A-LCK] | |
| Wednesday, February 28, 2024 | ||
| 9 | 9 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Further Detention Hearing as to Angel Alan Lopez held on 2/28/2024. Pretrial Services recommends detention per the Addendum to the Report dated 2/28/2024. The Government concurs. Defense counsel argues for release. Defendant ordered detained pending trial. Appearances : AUSA Alicia Quezada, attorney on duty for the Government. AFPD Jorge Costales for defendant. Defendant is present and in custody. Interpreter: N/A. Hearing held 10:37 AM to 10:53 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAB) [4:24-mj-07109-N/A-LCK] | |
| 10 | 10
ORDER OF DETENTION as to Angel Alan Lopez. Signed by Magistrate Judge Lynnette C Kimmins on 2/28/2024.(CAB) [4:24-mj-07109-N/A-LCK]
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INDICTMENT as to Angel Alan Lopez (1) count(s) 1, 2, 3, 4. Arraignment set for 3/22/2024 at 11:00 AM before Magistrate Judge Maria S Aguilera. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following proposed dates: Trial: 4/30/2024; Plea Deadline: 4/12/2024.
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)
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SEALED UNREDACTED INDICTMENT as to Angel Alan Lopez. (KAH)
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