USA v. De Dominguez
| Arizona District Court | |
| Case #: | 4:24-cr-06904 |
| Case Filed: | Oct 09, 2024 |
| Last checked: Friday Oct 11, 2024 12:24 AM MST |
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Defendant
Erika Edith Valencia De Dominguez (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: 10/11/2024 1:38 AM MST |
| Monday, September 09, 2024 | ||
| Arrest of Erika E Valencia De Dominguez on 9/9/2024. (BHA) [4:24-mj-00916-N/A-LCK] | ||
| Tuesday, September 10, 2024 | ||
| 1 | 1
COMPLAINT as to Erika E Valencia De Dominguez. (BHA) [4:24-mj-00916-N/A-LCK]
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| Wednesday, September 11, 2024 | ||
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Initial Appearance as to Erika E Valencia De Dominguez held on 9/11/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Cynthia J Yializis for Erika E Valencia De Dominguez with Appointment Type: FPD. Defendant(s) state true name to be the same. Government's motion for detention and request for continuance of the Detention Hearing is granted. Defendant(s) temporarily detained in the custody of the U.S. Marshal. Interpreter required for Erika E Valencia De Dominguez (1) Spanish. Mr. Savel invokes presumption and requests time to further investigate hold that is placed on the defendant. Pretrial Services recommends release. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA David Savel for the Government, AFPD Cynthia Yializis for defendant. Defendant is present and in custody. Spanish Interpreter Liliana Nido-Zawacki assists defendant. Detention Hearing set for 9/13/2024 at 10:30 AM before Magistrate Judge Lynnette C Kimmins. Preliminary Hearing set for 9/13/2024 at 10:30 AM before Magistrate Judge Lynnette C Kimmins. Hearing held 2:32 PM to 3:04 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARS) [4:24-mj-00916-N/A-LCK] | |
| 4 | 4 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 Eric J Markovich.(ARS)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-00916-N/A-LCK] | |
| 5 | 5
SEALED CJA 23 Financial Affidavit by Erika E Valencia De Dominguez. (ARS) [4:24-mj-00916-N/A-LCK]
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| Friday, September 13, 2024 | ||
| 6 | 6 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Detention Hearing addressed as to Erika E Valencia De Dominguez on 9/13/2024. Defendant states TRUE NAME to be Erika Edith Valencia De Dominguez. Further proceedings ordered in defendant's true name. Pretrial Services recommends release. Defense counsel requests a continuance to research a potential ICE detainer. Without objection, IT IS ORDERED continuing the Detention Hearing as indicated below. Defendant ordered temporarily detained in the custody of the United States Marshal. Preliminary Hearing waived. Finding: Defendant held to answer before District Court. Appearances : AUSA David Savel for the Government. AFPD Cynthia Yializis for defendant. Defendant is present and in custody. Spanish Interpreters Ignacio Barrientos/Tania Sadler assist defendant. Further Detention Hearing CONTINUED to 9/17/2024 at 10:30 AM before Magistrate Judge Bruce G. Macdonald. Hearing held 10:55 AM to 11:05 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAB) [4:24-mj-00916-N/A-LCK] | |
| Tuesday, September 17, 2024 | ||
| 7 | 7 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Further Detention Hearing as to Erika Edith Valencia De Dominguez held on 9/17/2024. Pretrial Services recommends release. The Government does not object. Defense counsel requests release as recommended by Pretrial Services. Defendant ordered released on conditions set forth in the separate Order Setting Conditions of Release. The defendant is advised of those conditions. Appearances : AUSA David Savel present for the Government. AFPD Cynthia Yializis for defendant. Defendant is present and in custody. Spanish Interpreter Hortensia Studer assists defendant. Hearing held 10:35 AM to 10:51 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAB) [4:24-mj-00916-N/A-LCK] | |
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ORDER Setting Conditions of Release as to Erika Edith Valencia De Dominguez. Signed by Magistrate Judge Bruce G Macdonald on 9/17/2024. (CAB) [4:24-mj-00916-N/A-LCK]
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| Wednesday, October 09, 2024 | ||
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INDICTMENT as to Erika Edith Valencia De Dominguez (1) count(s) 1, 2, 3, 4. Arraignment set for 11/1/2024 at 11:00 AM before Magistrate Judge Kimmins. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following proposed dates: Trial: 12/10/2024; Plea Deadline: 11/22/2024.
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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SEALED UNREDACTED INDICTMENT as to Erika Edith Valencia De Dominguez. (KAH)
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