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MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker as to LUIS ALFREDO CRUZ-SAGASTUME (1) held on 7/18/2024 - Parties appear for a Rule 5(c)(3) hearing on the Petition for Warrant or Summons for Offender under Supervised Release filed on September 6, 2022, out of the Western District of Texas. Defendant appeared in person and by FCD counsel Sam Ansell. Government represented by AUSA Mary Ann Mindrum. USPO represented by Megan Stevens. Victor Krebs was sworn as the Spanish interpreter. Financial affidavit approved. Counsel appointed. Defendant waived his right to an identity hearing. Charges and rights were reviewed and explained and the Court ensured Defendant had a copy of the petition. Pursuant to Rule 5(f) of the Federal Rules of Criminal Procedure, the court, with both the prosecutor and defense counsel present, confirms the government's obligation to disclose favorable evidence to the accused under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and orders it to do so. Favorable evidence under Brady need only have some weight and includes both exculpatory and impeaching evidence. Failure to produce such evidence in a timely manner may result in sanctions, including, but not limited to, adverse jury instructions, dismissal of charges, and contempt proceedings. Government moved for the defendant to remain in custody pending transport to the Western District of Texas. Defendant consented to detention pending transport and request that a preliminary and detention hearing and any other hearings he is entitled to be held in the charging district. Defendant remanded to the custody of the U.S. Marshal pending removal to the Western District of Texas Signed by Magistrate Judge Tim A. Baker. Interpreter: Victor Krebs. (DWH)
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