USA v. Reyes
| Arizona District Court | |
| Case #: | 4:24-cr-03114 |
| Case Filed: | May 29, 2024 |
| Last checked: Saturday Jun 01, 2024 12:56 AM MST |
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Defendant
Xavier Gustav Leon Guerrero Reyes (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: 06/01/2024 2:45 AM MST |
| Tuesday, April 30, 2024 | ||
| Arrest of Xavier Gustav Leon Guerrero Reyes on 4/30/2024. (LML) [4:24-mj-01962-N/A-BGM] | ||
| Wednesday, May 01, 2024 | ||
| 1 | 1
COMPLAINT as to Xavier Gustav Leon Guerrero Reyes. (LML) [4:24-mj-01962-N/A-BGM]
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| 2 | 2
NOTICE OF ATTORNEY APPEARANCE: Christian Mark Lueders appearing for Xavier Gustav Leon Guerrero Reyes . (Lueders, Christian) [4:24-mj-01962-N/A-BGM]
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NOTICE OF ATTORNEY APPEARANCE: Pete Sabori appearing for USA . (Sabori, Pete) [4:24-mj-01962-N/A-BGM]
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| 5 | 5 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Initial Appearance as to Xavier Gustav Leon Guerrero Reyes held on 5/1/2024. Defendant(s) state true name to be the same. PTS recommends release on conditions. Government's motion for detention and request for continuance of the Detention Hearing as well as a Dangerousness Hearing is granted. Ms. Houston states the Government has one witness. Defendant(s) temporarily detained in the custody of the U.S. Marshal. Preliminary Hearing as to Xavier Gustav Leon Guerrero Reyes waived on 5/1/2024. Finding: Defendant held to answer before District Court. Interpreter not required for Xavier Gustav Leon Guerrero Reyes (1). Appearances : AUSA Pete Sabori and Sarah Houston for the Government, retained attorney Christian Lueders for defendant. Defendant is present and in custody. Detention/Dangerousness Hearing set for 5/3/2024 at 11:00 AM before Magistrate Judge Bruce G Macdonald. Hearing held 2:15 pm to 3:05 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:24-mj-01962-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 Bruce G Macdonald.(BHA)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-01962-N/A-BGM] | |
| Friday, May 03, 2024 | ||
| 7 | 7
MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Detention/Dangerousness Hearing as to Xavier Gustav Leon Guerrero Reyes held on 5/3/2024. There being no objection, the Court admits Government's Exhibits 1 through 5. The Court finds that the Government has established by clear and convincing evidence that the Defendant is danger to the safety of any other person and the community. Defendant is ordered detained pending Trial. (Please see attached PDF Minute Entry for complete hearing details.) Hearing held 10:53 AM to 11:46 AM.(CXE) [4:24-mj-01962-N/A-BGM]
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| 8 | 8
WITNESS LIST by USA as to Xavier Gustav Leon Guerrero Reyes. (CXE) [4:24-mj-01962-N/A-BGM]
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| 9 | 9
EXHIBIT LIST by USA as to Xavier Gustav Leon Guerrero Reyes. (CXE) [4:24-mj-01962-N/A-BGM]
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| Monday, May 06, 2024 | ||
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ORDER OF DETENTION as to Xavier Gustav Leon Guerrero Reyes. Signed by Magistrate Judge Bruce G Macdonald on 5/3/2024.(CXE) [4:24-mj-01962-N/A-BGM]
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| Wednesday, May 29, 2024 | ||
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pgs
INDICTMENT as to Xavier Gustav Leon Guerrero Reyes (1) counts 1, 2, 3. Arraignment set for 6/21/2024 at 11:00 AM before Magistrate Judge Aguilera. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following proposed dates: Trial: 7/30/2024; Plea Deadline: 7/12/2024.
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. (BAC)
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| 13 | 13
SEALED UNREDACTED INDICTMENT as to Xavier Gustav Leon Guerrero Reyes. (DLC)
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