USA v. Lindsey
| Illinois Northern District Court | |
| Case #: | 1:24-cr-00498 |
| Case Filed: | Oct 24, 2024 |
| Last checked: Saturday Oct 26, 2024 2:20 AM CDT |
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Defendant
David Brian Lindsey (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: 10/26/2024 4:48 AM CDT |
| Thursday, October 24, 2024 | ||
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RULE 5(c)(3) Affidavit in Removal Proceedings signed by Judge Honorable Jeffrey T. Gilbert as to David Brian Lindsey (1). (ph, )
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ORDER as to David Brian Lindsey: Initial appearance and removal proceedings held on 10/24/24. Defendant was taken into custody on 10/24/24. Michael Baker of the Federal Defender Panel is assigned as counsel for Defendant. Defendant was informed of his rights, the nature of the charges and the maximum penalties. Defendant was informed of his right to an identity hearing. Defendant waived an identity hearing. The Court finds that Defendant David Brian Lindsey is the person named in the arrest warrant issued in the Central District of California. The Government orally moved for removal in custody pursuant to 18 U.S.C. §3142(f)(1)(B) and (f)(1)(E). Defendant informed the Court that, at this time, he waives his right to a detention hearing without prejudice to his ability to raise the issue of detention in the charging district. Therefore, the Court makes no finding as to serious risk of flight, danger to the community or any other statutory factor that is relevant to the issue of release or detention under 18 U.S.C. § 3142. The Court's order is without prejudice to Defendant contesting detention and raising the issue of release at a later time if he so chooses. Accordingly, Defendant is ordered removed to the Central District of California in the custody of the U.S. Marshal forthwith. As provided by 18 U.S.C. § 3142(f), Defendant shall remain in custody until further order of the Court. It is ordered that Defendant shall remain confined in the Metropolitan Correctional Center or an alternative facility designated by the U.S. Marshal, pending his removal to the charging district, but held separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. It is further ordered that Defendant shall be afforded reasonable opportunity for private consultation with his counsel while in custody. Pursuant to Rule 5(f) of the Federal Rules of Criminal Procedure, the court, with both the prosecutor and defense counsel present, confirmed the government's obligation to disclose favorable evidence to the accused under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and ordered it to do so. Favorable evidence under Brady need have only 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. Signed by the Honorable Jeffrey T. Gilbert on 10/24/2024. Mailed notice (ph, )
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FINANCIAL Affidavit filed by David Brian Lindsey (SEALED). (ph, )
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ATTORNEY Appearance for defendant David Brian Lindsey by Michael Eric Baker. (ph, )
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COMMITMENT TO ANOTHER DISTRICT as to Defendant David Brian Lindsey committed to Central District of California. Signed by the Honorable Jeffrey T. Gilbert on 10/24/2024. Mailed notice (ph, )
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