USA v. Ayon
| Arizona District Court | |
| Case #: | 4:24-cr-08437 |
| Case Filed: | Nov 26, 2024 |
| Last checked: Friday Nov 29, 2024 1:03 AM MST |
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Defendant
Jose Angel Ayon (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: 11/29/2024 3:14 AM MST |
| Wednesday, August 28, 2024 | ||
| *Entry made in error. All associated text has been removed. Modified on 9/6/2024 (JAM). [4:24-mj-00814-N/A-MSA] | ||
| Friday, September 06, 2024 | ||
| 1 | 1
COMPLAINT as to Jose Angel Ayon. (JAM) [4:24-mj-00814-N/A-MSA]
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| 3 | 3
NOTICE OF ATTORNEY APPEARANCE: Monica Ryan appearing for USA. (JAM) [4:24-mj-00814-N/A-MSA]
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| Tuesday, October 29, 2024 | ||
| Arrest of Jose Angel Ayon on 10/29/2024. (JAM) [4:24-mj-00814-N/A-MSA] | ||
| 4 | 4
Arrest Warrant Returned Executed on 10/29/2024 as to Jose Angel Ayon. (JAM) [4:24-mj-00814-N/A-MSA]
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| Wednesday, October 30, 2024 | ||
| 6 | 6 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Initial Appearance as to Jose Angel Ayon held on 10/30/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Dmitry Kashtelyan for defendant with Appointment Type: FPD. 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 10/30/2024. Finding: Defendant held to answer before District Court. Interpreter required for Jose Angel Ayon (1) English. Pretrial Services is directed to screen the defendant for residential treatment. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Robert Fellrath (duty) for the Government, AFPD Dmitry Kashtelyan for defendant. Defendant is present and in custody. Interpreter N/A. Detention Hearing set for 11/13/2024 at 10:30 AM before Magistrate Judge D Thomas Ferraro. Hearing held 2:19 PM to 2:53 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:24-mj-00814-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 Eric J Markovich.(JAM)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-00814-N/A-MSA] | |
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SEALED CJA 23 Financial Affidavit by Jose Angel Ayon. (JAM) [4:24-mj-00814-N/A-MSA]
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| Wednesday, November 13, 2024 | ||
| 9 | 9 MINUTE ENTRY for proceedings held before Magistrate Judge D Thomas Ferraro: Detention Hearing as to Jose Angel Ayon held on 11/13/2024. Pretrial Services recommends detention and the Government concurs. Defense counsel moves for Pretrial Services to screen the defendant for possible treatment. For reasons stated on the record, the Court denies defense counsel's request and orders the defendant detained pending trial. Appearances : AUSA Mary Sue Feldmeier (duty) for the Government, AFPD Dmitry Kashtelyan for defendant. Defendant is present and in custody. Interpreter: N/A. Hearing held 10:26 AM to 10:53 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CMB)[4:24-mj-00814-N/A-MSA] | |
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ORDER OF DETENTION as to Jose Angel Ayon. Signed by Magistrate Judge D. Thomas Ferraro on 11/13/2024. (CMB) [4:24-mj-00814-N/A-MSA]
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| Tuesday, November 26, 2024 | ||
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INDICTMENT as to Jose Angel Ayon (1) count(s) 1. Arraignment set for 12/20/2024 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: 1/28/2025; Plea Deadline: 1/10/2025.
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. (ARC)
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SEALED UNREDACTED INDICTMENT as to Jose Angel Ayon. (KAH)
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