USA v. Quiroz
| Arizona District Court | |
| Case #: | 4:24-cr-06240 |
| Case Filed: | Sep 18, 2024 |
| Last checked: Saturday Sep 21, 2024 12:48 AM MST |
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Defendant
Nicole Maria Quiroz (1)
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Represented By
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Plaintiff
USA
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Represented By
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| TERMINATED PARTIES | |
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Material Witness
Material Witnesses
Terminated: 09/18/2024
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Represented By
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| Docket last updated: 09/21/2024 2:23 AM MST |
| Friday, August 23, 2024 | ||
| Arrest of Nicole Maria Quiroz on 8/23/2024. (SIB) [4:24-mj-09361-N/A-MSA] | ||
| Monday, August 26, 2024 | ||
| 1 | 1
COMPLAINT as to Nicole Maria Quiroz. (SIB) [4:24-mj-09361-N/A-MSA]
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| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Nicole Maria Quiroz signed by Magistrate Judge Michael A Ambri. (SIB) [4:24-mj-09361-N/A-MSA]
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| 4 | 4 MINUTE ENTRY for proceedings held before Magistrate Judge Michael A Ambri: Initial Appearance for Material Witness in case as to Nicole Maria Quiroz held on 8/26/2024. Material Witness(es) are present and in custody. Alejandro Munoz 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. The Court notes the Video Deposition is currently scheduled for Thursday, September 19, 2024, at 8:30 AM. Material Witness(es) present and state true name to be the following: Jacinto Espinosa-Santiz and Edgar Antonio Olalla-Bustamante. Appearances : AUSA Adam Rossi (duty) for the Government, CJA Attorney Alejandro Munoz 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 1:32 PM to 1:44 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SGG) [4:24-mj-09361-N/A-MSA] | |
| 5 | 5
Notice of Video Deposition Hearing as to Nicole Maria Quiroz. (SGG) [4:24-mj-09361-N/A-MSA]
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| 6 | 6 AMENDED by Doc. 11 . MINUTE ENTRY for proceedings held before Magistrate Judge Michael A Ambri: Initial Appearance as to Nicole Maria Quiroz held on 8/26/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Eric Scott Manch for defendant with Appointment Type: CJA. 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 8/26/2024. Finding: Defendant held to answer before District Court. Interpreter required for Nicole Maria Quiroz (1) English. Defense counsel moves for Pretrial Services to screen the defendant for possible treatment. SO ORDERED. Material Witness Video Depositions are set for 9/19/2024 at 8:30 AM. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Adam Rossi, attorney on duty for the Government, CJA Attorney Eric Manch for defendant. Defendant is present and in custody. Interpreter N/A. Detention Hearing set for 9/10/2024 at 10:30 AM before Magistrate Judge Bruce G Macdonald. Hearing held 2:42 PM to 4:55 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SGG) Modified on 8/30/2024 (SGG). [4:24-mj-09361-N/A-MSA] | |
| 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 Michael A Ambri.(SGG)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-09361-N/A-MSA] | |
| 8 | 8
SEALED CJA 23 Financial Affidavit by Nicole Maria Quiroz. (SGG) [4:24-mj-09361-N/A-MSA]
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| 11 | 11 AMENDED MINUTE ENTRY for proceedings held before Magistrate Judge Michael A Ambri: Amending Doc. 6 MINUTE ENTRY for proceedings held before Magistrate Judge Michael A Ambri: Initial Appearance as to Nicole Maria Quiroz held on 8/26/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Eric Scott Manch for defendant with Appointment Type: CJA. 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 8/26/2024. Finding: Defendant held to answer before District Court. Interpreter required for Nicole Maria Quiroz (1) English. Defense counsel moves for Pretrial Services to screen the defendant for possible treatment. SO ORDERED. Material Witness Video Depositions are set for 9/19/2024 at 8:30 AM. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Adam Rossi, attorney on duty for the Government, CJA Attorney Eric Manch for defendant. Defendant is present and in custody. Interpreter N/A. Detention Hearing set for 9/10/2024 at 10:30 AM before Magistrate Judge Lynnette C Kimmins. Hearing held 2:42 PM to 4:55 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SGG) Reason for Amendment: to correct hearing judge. [4:24-mj-09361-N/A-MSA] | |
| Tuesday, August 27, 2024 | ||
| 9 | 9
MOTION for Hearing re: Status Conference by USA as to Nicole Maria Quiroz. (Barry, Patrick) [4:24-mj-09361-N/A-MSA]
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| Wednesday, August 28, 2024 | ||
| 10 | 10
ORDER GRANTING9 Motion for Hearing as to Nicole Maria Quiroz (1). A Status Conference is scheduled for 9/16/24 at 1:45 PM, before Magistrate Judge Maria S Aguilera. (See attached PDF for complete information). Signed by Magistrate Judge Maria S Aguilera on 8/27/24.(BAC) [4:24-mj-09361-N/A-MSA]
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| Tuesday, September 10, 2024 | ||
| 13 | 13 *MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Detention Hearing as to Nicole Maria Quiroz held on 9/10/2024. Pretrial Services recommends detention per the Addendum to the Report dated 9/9/2024. Government submits on detention. Defense counsel requests defendant be screened for treatment. Pretrial Services is directed to screen the defendant and prepare an addendum. Defendant is ordered detained with leave to refile at a later date. Depositions scheduled 9/19/2024 at 8:30 AM. Appearances : AUSA Caroline Allen (duty) for the Government, CJA Attorney Eric Manch for defendant. Defendant is present and in custody. Interpreter N/A English. Hearing held 10:46 AM to 11:24 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REC) *Modified on 9/11/2024 to reflect Depositions scheduled 9/19/2024 at 8:30 AM. (REC). [4:24-mj-09361-N/A-MSA] | |
| Wednesday, September 11, 2024 | ||
| 14 | 14
ORDER OF DETENTION as to Nicole Maria Quiroz. Signed by Magistrate Judge Lynnette C Kimmins on 9/10/24. (REC) [4:24-mj-09361-N/A-MSA]
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| Monday, September 16, 2024 | ||
| 15 | 15 MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Status Conference re: Material Witnesses Video Depositions as to Nicole Maria Quiroz held on 9/16/2024. The Court has received the parties' stipulation to release material witnesses. The Court grants the parties' stipulation. Order Releasing Material Witnesses is signed this date. The video depositions on 9/19/2024 are hereby vacated. Appearances : AUSA, Patrick Barry for the Government; CJA Attorney, Eric Manch for Defendant. Defendant is present and in custody. Interpreter N/A. Hearing held 1:58 PM to 2:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) [4:24-mj-09361-N/A-MSA] | |
| 16 | 16
STIPULATION and Joint Motion for Release of Material Witnesses Without Taking Video Deposition by USA as to Nicole Maria Quiroz. (CXE) [4:24-mj-09361-N/A-MSA]
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| 17 | 17
ORDER granting16 Stipulation Joint Motion for Release of Material Witnesses as to Nicole Maria Quiroz. Signed by Magistrate Judge Maria S Aguilera on 9/16/2024. (CXE) [4:24-mj-09361-N/A-MSA]
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| Wednesday, September 18, 2024 | ||
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INDICTMENT as to Nicole Maria Quiroz (1) count(s) 1, 2-3. Arraignment set for 10/11/2024 at 11:00 AM before Magistrate Judge Ambri. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following proposed dates: Trial: 11/19/2024; Plea Deadline: 11/01/2024.
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. (MYE)
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| 22 | 22
SEALED UNREDACTED INDICTMENT as to Nicole Maria Quiroz. (DLC)
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