USA v. Gouveia
| Arizona District Court | |
| Case #: | 4:24-cr-05177 |
| Case Filed: | Aug 13, 2024 |
| Last checked: Thursday Aug 15, 2024 12:22 AM MST |
|
Defendant
Jeremy Todd Gouveia (1)
|
Represented By
|
|
Plaintiff
USA
|
Represented By
|
| TERMINATED PARTIES | |
|
Material Witness
Material Witnesses
Terminated: 08/13/2024
|
Represented By
|
| Docket last updated: 08/15/2024 8:13 AM MST |
| Thursday, July 25, 2024 | ||
| Arrest of Jeremy Todd Gouveia on 7/25/2024. (CXE) [4:24-mj-03790-N/A-BGM] | ||
| Friday, July 26, 2024 | ||
| 1 | 1
COMPLAINT as to Jeremy Todd Gouveia. (CXE) [4:24-mj-03790-N/A-BGM]
|
|
| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Jeremy Todd Gouveia signed by Magistrate Judge D Thomas Ferraro. (CXE) [4:24-mj-03790-N/A-BGM]
|
|
| Monday, July 29, 2024 | ||
| 4 | 4 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance for Material Witness in case as to Jeremy Todd Gouveia held on 7/29/2024. Material Witness(es) are present and in custody. Raul Miranda 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. Notice of Hearing filed in Court. Material Witness(es) present and state true name to be the following: Ricardo Alvarez-Camarillo and Gumercindo Vicente-Salazar. Appearances : AUSA Sarah Precup (duty) for the Government, CJA Attorney Raul Miranda for material witness(es). Material Witness(es) are present and in custody. Spanish Interpreter David Miller, appears telephonically, and assists material witness(es). Hearing held 1:17 PM to 1:27 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:24-mj-03790-N/A-BGM] | |
| 5 | 5
Notice of Video Deposition Hearing as to Jeremy Todd Gouveia. (JAM) [4:24-mj-03790-N/A-BGM]
|
|
| 6 | 6
MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance as to Jeremy Todd Gouveia held on 7/29/2024. The Court appoints Henry L Jacobs for defendant with Appointment Type: CJA. Defendant states true name to be the same.
Detention Hearing held on 7/29/2024. Defendant ordered/continued released on own recognizance with conditions, and defendant is advised regarding same. The U.S. Marshal to transport defendant on 8/1/24, bag & baggage, to the Evo A. DeConcini Courthouse for release as ordered in the attached conditions. Defendant is advised of Material Witness Video Depositions scheduled on 8/16/24 at 8:30 AM.
Preliminary Hearing waived on 7/29/2024. Finding: Defendant held to answer before District Court.
In the presence of Government and defense counsel, the Court orally advises the Government of their Brady obligation. Written order to follow.
Appearances : AUSA Sarah Precup (duty) for the Government, CJA Attorney Henry Jacobs for defendant. Defendant is present and in custody. Hearing held 2:40 PM to 4:06 PM. (Text-Only Minute Entry with filed attachment)(JAM) [4:24-mj-03790-N/A-BGM]
|
|
| 7 | 7 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 Lynnette C Kimmins.(JAM)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-03790-N/A-BGM] | |
| 8 | 8
SEALED CJA 23 Financial Affidavit by Jeremy Todd Gouveia. (JAM) [4:24-mj-03790-N/A-BGM]
|
|
| Tuesday, July 30, 2024 | ||
| 9 | 9
MOTION for Hearing re: Status Conference by USA as to Jeremy Todd Gouveia. (Fenwick, Austin) [4:24-mj-03790-N/A-BGM]
|
|
| 10 | 10
ORDER granting9 Motion for Hearing as to Jeremy Todd Gouveia (1), and a Status Conference, or Change of Plea Hearing, is scheduled before Magistrate Judge Bruce G. Macdonald 405 W. Congress, Courtroom 3C, Tucson, Arizona, on August 13, 2024 at 9:10 a.m. Signed by Magistrate Judge Bruce G Macdonald on 7/30/2024. (See Order for complete details)(ARC) [4:24-mj-03790-N/A-BGM]
|
|
| Thursday, August 01, 2024 | ||
| 11 | 11
ORDER Setting Conditions of Release as to Jeremy Todd Gouveia. Signed by Magistrate Judge Lynnette C Kimmins on 7/29/24. (JAM) [4:24-mj-03790-N/A-BGM]
|
|
| Tuesday, August 13, 2024 | ||
| 12 | 12 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Status Conference as to Jeremy Todd Gouveia held on 8/13/2024. The parties present a stipulation for release of material witnesses. SO ORDERED. The deposition date of 8/16/2024 is VACATED. Mr. Jacobs states defendant is hoping to do a Change of Plea hearing today, as he is here from California. The Government will make every effort to get a CR number and the parties shall meet back here this afternoon. Appearances : AUSA Kelly Cavanaugh for Austin Fenwick for the Government, CJA Attorney Henry Jacobs for defendant. Defendant is present and released. Status Conference re possible Change of Plea hearing set for 8/13/2024 at 03:00 PM before Magistrate Judge Bruce G Macdonald. Hearing held 9:10 am to 9:15 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:24-mj-03790-N/A-BGM] | |
| 13 | 13
STIPULATION and joint motion for release of material witnesses without taking video deposition by USA, Jeremy Todd Gouveia as to Jeremy Todd Gouveia. (BHA) [4:24-mj-03790-N/A-BGM]
|
|
| 14 | 14
ORDER granting13 Stipulation as to Jeremy Todd Gouveia: For release of material witnesses. Signed by Magistrate Judge Bruce G Macdonald on 8/13/24. (Emailed USMS this date; bh) (BHA) [4:24-mj-03790-N/A-BGM]
|
|
| 15 | 15
INFORMATION - Felony as to Jeremy Todd Gouveia (1) count(s) 1. (SCA)
|
|
| 17 | 17
WAIVER OF INDICTMENT by Jeremy Todd Gouveia. (SCA)
|
|
| 18 | 18
CONSENT OF DEFENDANT Jeremy Todd Gouveia for Guilty Plea Hearing before a United States Magistrate Judge. (BHA)
|
|
| 19 | 19 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Arraignment as to Jeremy Todd Gouveia held on 8/13/2024. Defendant(s) state true name to be the same. Plea to Felony Information Hearing as to Jeremy Todd Gouveia held on 8/13/2024., Jeremy Todd Gouveia (1) enters a plea of guilty as to the Information. THE COURT ORDERS the trial date/pending hearings VACATED. Pending motions are rendered moot. Prior custody/release orders are AFFIRMED. The Court directs the US Probation Office to prepare a Presentence Report. Appearances : AUSA Kelly Cavanaugh for Austin Fenwick for the Government, CJA Attorney Henry Jacobs for defendant. Defendant is present and released. Sentencing set for 10/29/2024 at 02:10 PM before District Judge Angela M Martinez. Hearing held 3:00 pm to 3:15 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) | |
| 20 | 20 AMENDED MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald, Amending Doc. 12 : Status Conference as to Jeremy Todd Gouveia held on 8/13/2024. The parties present a stipulation for release of material witnesses. SO ORDERED. The deposition date of 8/16/2024 is VACATED. Mr. Jacobs states defendant is hoping to do a Change of Plea hearing today, as he is here from California. The Government will make every effort to get a CR number and the parties shall meet back here this afternoon. Appearances : AUSA Kelly Cavanaugh for Austin Fenwick for the Government, CJA Attorney Henry Jacobs for defendant. Defendant is present and released. Status Conference re possible Change of Plea hearing set for 8/13/2024 at 03:00 PM before Magistrate Judge Bruce G Macdonald. Hearing held 9:10 am to 9:15 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA)[4:24-mj-03790-N/A-BGM] Reason for Amendment: Add counsel's presence - CJA attorney Raul Miranda present, representing material witnesses. | |
| 21 | 21
PLEA AGREEMENT as to Jeremy Todd Gouveia. (BHA)
|
|
| 22 | 22
MAGISTRATE JUDGE FINDINGS & RECOMMENDATION UPON A PLEA OF GUILTY as to Jeremy Todd Gouveia. Signed by Magistrate Judge Bruce G Macdonald on 8/13/24. (BHA)
|
|