Alabama Northern District Court
Case #: 2:24-cr-00479
Case Filed:Nov 27, 2024
Last checked: Friday Nov 29, 2024 1:18 AM CST
Defendant
Elbio Byron Cuz-Chub (1)
Represented By
Kevin L Butler
Federal Public Defender
contact info
Kevin R Roberts
Office Of The Federal Public Defender Nd/al
contact info
Courtney Murtha
Federal Public Defender
contact info
Plaintiff
USA
Represented By
USM
United States Marshal
contact info
John G Camp
Us Attorney'S Office
contact info
US Probation
United States Probation Office
contact info
Prim F. Escalona, US Attorney
Us Attorney'S Office
contact info


Docket last updated: 11/29/2024 2:43 AM CST
Tuesday, November 05, 2024
1 1 COMPLAINT as to Elbio Byron Cuz Chub (1). (SRD) [2:24-mj-00702-NAD]
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Thursday, November 07, 2024
Case unsealed as to Elbio Byron Cuz Chub (SRD) [2:24-mj-00702-NAD]
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Arrest of Elbio Byron Cuz Chub (SRD) [2:24-mj-00702-NAD]
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Minute Entry for proceedings held before Magistrate Judge Nicholas A Danella: Initial Appearance & Attorney Appointment as to Elbio Byron Cuz Chub held on 11/7/2024; dft present & deemed eligible for court appointed counsel, FD (Watson) present & appointed; AUSA Cross & USPO Williams also present; TIPS Interpreter Plunkett; rights & charges explained; dft advised of consular notification; Brady reminder for gov't; gov't requests dtn hrg; dtn & prelim hrg set for 11/15 at 10am; dft remanded to USMS custody. (Court Reporter None.) (SRD) [2:24-mj-00702-NAD]
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3 3 TEXT ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Elbio Byron Cuz Chub; FD Kevin L. Butler appointed. Signed by Magistrate Judge Nicholas A Danella on 11/7/2024. (SRD) [2:24-mj-00702-NAD]
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Friday, November 08, 2024
4 4 TEXT ORDER OF TEMPORARY DETENTION as to Elbio Byron Cuz Chub: Upon the motion of the United States, it is ORDERED that a detention and preliminary hearing is set for Friday, 11/15/2024 at 10:00 AM in Courtroom 3B of Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge Nicholas A Danella. Pending this hearing, the defendant shall be held in custody by the U.S. Marshal and produced for the hearing. If the defendant intends to waive this hearing, defense counsel is DIRECTED to file a written waiver no later than one business day before the scheduled hearing. Signed by Magistrate Judge Nicholas A Danella on 11/8/2024. (SRD) [2:24-mj-00702-NAD]
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Tuesday, November 12, 2024
5 5 NOTICE OF ATTORNEY APPEARANCE: Courtney Murtha appearing for Elbio Byron Cuz Chub (Murtha, Courtney) [2:24-mj-00702-NAD]
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6 6 NOTICE OF ATTORNEY APPEARANCE: Kevin R Roberts appearing for Elbio Byron Cuz Chub (Roberts, Kevin) [2:24-mj-00702-NAD]
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Friday, November 15, 2024
Minute Entry for proceedings held before Magistrate Judge Nicholas A Danella: Detention Hearing & Preliminary Revocation Hearing as to Elbio Byron Cuz Chub held on 11/15/2024; dft present w/FD Watson; AUSA Camp & USPO Eubanks also present; TIPS Interpreter Garcia-Hein; court's opening remarks and questions; gov't presents witness testimony; argument; court finds probable cause; court orders detention; dft remanded to USMS custody. (Court Reporter Teresa Roberson.) (SRD) [2:24-mj-00702-NAD]
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7 7 TEXT ORDER as to Elbio Byron Cuz Chub. Based on the evidence and information received during the preliminary hearing, the court finds that the government has presented sufficient evidence to establish probable cause that the defendant committed the offense charged in the complaint. The defendant will be held over for further proceedings. Signed by Magistrate Judge Nicholas A Danella on 11/15/24.(Danella, Nicholas) [2:24-mj-00702-NAD]
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Monday, November 18, 2024
8 8 TEXT DETENTION ORDER as to Elbio Byron Cuz Chub. Based on the evidence and information received during the detention hearing, the court finds pursuant to 18 U.S.C. § 3142(e) that the government has shown by a preponderance of the evidence that no condition or combination of conditions will reasonably assure the defendant's appearance as required, and by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of any other person and the community, if the defendant is released on bond pending trial. These findings are based on the reasons articulated on the record during the detention hearing, including the following: the nature and circumstances of the offense charged, which involves a firearm, as well as the related state charge for first degree assault; and the defendant's prior failure to appear for immigration proceedings and the DHS ICE detainer pending removal. The court orders that the defendant shall be detained pending final resolution of the charges or further order of the court, and is committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded a reasonable opportunity for private consultation with defense counsel and, on order of the court or on request of an attorney for the government, the person in charge of the defendant's corrections facility shall deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. Signed by Magistrate Judge Nicholas A Danella on 11/18/24.(Danella, Nicholas) [2:24-mj-00702-NAD]
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