USA v. Vega-Hernandez et al
| Arizona District Court | |
| Case #: | 4:24-cr-09039 |
| Case Filed: | Dec 18, 2024 |
| Last checked: Saturday Dec 21, 2024 12:32 AM MST |
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Defendant
Geovanny Carbajalvera (2)
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Represented By
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Defendant
Maria Fernanda Vega-Hernandez (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: 12/18/2024
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Represented By
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| Docket last updated: 12/21/2024 2:03 AM MST |
| Sunday, November 24, 2024 | ||
| Arrest of Maria Fernanda Vega-Hernandez, Geovanny Carbajalvera on 11/24/2024. (REC) [4:24-mj-01360-N/A-MSA] | ||
| Monday, November 25, 2024 | ||
| 1 | 1
COMPLAINT as to Maria Fernanda Vega-Hernandez, Geovanny Carbajalvera. (REC) [4:24-mj-01360-N/A-MSA]
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| Tuesday, November 26, 2024 | ||
| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Maria Fernanda Vega-Hernandez, Geovanny Carbajalvera signed by Magistrate Judge Eric J Markovich. (REC) [4:24-mj-01360-N/A-MSA]
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| 5 | 5 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Initial Appearance for Material Witness in case as to Maria Fernanda Vega-Hernandez, Geovanny Carbajalvera held on 11/26/2024. Material Witness(es) are present and in custody. David Maldonado 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. Material Witness(es) present and state true name to be the following: Manuela Cruz-Perez, Mariano Cruz-Perez and Jhoselyn Monthserat Euan-Jimenez. Appearances : AUSA Anshul Krishn, duty for the Government, CJA Attorney David Maldonado for material witness(es). Material Witness(es) are present and in custody. Spanish Interpreter Arturo Garcia, appears telephonically, and assists material witness(es). Hearing held 1:20 pm to 1:30 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:24-mj-01360-N/A-MSA] | |
| 6 | 6
Notice of Video Deposition Hearing as to Maria Fernanda Vega-Hernandez, Geovanny Carbajalvera. (BHA) [4:24-mj-01360-N/A-MSA]
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| 7 | 7 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Initial Appearance as to Maria Fernanda Vega-Hernandez held on 11/26/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Douglas Tyler Francis for Maria Fernanda Vega-Hernandez with Appointment Type: CJA. Detention Hearing as to Maria Fernanda Vega-Hernandez held on 11/26/2024. PTS recommends release tomorrow. Government makes a record as to information in the PTS report. Defendant ordered released on own recognizance with conditions 11/27/24. VTD date added to conditions. Preliminary Hearing as to Maria Fernanda Vega-Hernandez waived on 11/26/2024. Finding: Defendant held to answer before District Court. Interpreter not required for Maria Fernanda Vega-Hernandez (1) English. Appearances : AUSA Gordon Davenport, duty for the Government, CJA Attorney D Tyler Francis for defendant. Defendant is present and in custody. Hearing held 2:35 pm to 3:35 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:24-mj-01360-N/A-MSA] | |
| 8 | 8
SEALED CJA 23 Financial Affidavit by Maria Fernanda Vega-Hernandez. (BHA) [4:24-mj-01360-N/A-MSA]
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| 9 | 9 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.(BHA)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-01360-N/A-MSA] | |
| 11 | 11 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Initial Appearance as to Geovanny Carbajalvera held on 11/26/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Mariam Ferguson for Geovanny Carbajalvera with Appointment Type: CJA. Preliminary Hearing as to Geovanny Carbajalvera waived on 11/26/2024. Finding: Defendant held to answer before District Court. Interpreter not required for Geovanny Carbajalvera (2). PTS recommends release tomorrow on conditions. Argument heard. Side bar with duty PTSO held. Defense argues against Government's objections, requesting if not released tomorrow, defendant be assessed for treatment or location monitoring. The Court grants the request, imposing both. Also, the Court suggests Ms. Vera, the sister in California, named in the PTS report, be present at the next hearing, because the Court is inclined to also impose a cash bond. Appearances : AUSA Gordon Davenport, duty for the Government, CJA Attorney Mariam Ferguson for defendant. Defendant is present and in custody. Further Detention Hearing set for 12/12/2024 at 10:30 AM before Magistrate Judge Eric J Markovich. Hearing held 2:35 pm to 3:35 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:24-mj-01360-N/A-MSA] | |
| 12 | 12
SEALED CJA 23 Financial Affidavit by Geovanny Carbajalvera. (BHA) [4:24-mj-01360-N/A-MSA]
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| 13 | 13 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.(BHA)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-01360-N/A-MSA] | |
| Wednesday, November 27, 2024 | ||
| 10 | 10
ORDER Setting Conditions of Release as to Maria Fernanda Vega-Hernandez. Signed by Magistrate Judge Eric J Markovich on 11/26/24. (BHA) [4:24-mj-01360-N/A-MSA]
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| 14 | 14
MOTION for Hearing re: Status Conference by USA as to Maria Fernanda Vega-Hernandez, Geovanny Carbajalvera. (Barry, Patrick) [4:24-mj-01360-N/A-MSA]
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| Monday, December 02, 2024 | ||
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NOTICE re: PASSPORT as to Maria Fernanda Vega-Hernandez. Defendant is not permitted to apply for the issuance of a passport and/or passport card during the pendency of this action. (JAG) [4:24-mj-01360-N/A-MSA]
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| 16 | 16
ORDER granting14 Motion for Hearing. It is further ordered that a Status Conference, as to Defendants, Maria Fernanda Vega-Hernandez and Geovanny Carbajalvera, is scheduled before Magistrate Bruce G. Macdonald, on Tuesday, December 17, 2024, at 11:00 a.m., in Courtroom 3C, Tucson, Arizona, 85701. Signed by Magistrate Judge Maria S Aguilera on 12/2/2024. (See Order for complete details)(ARC) [4:24-mj-01360-N/A-MSA]
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| Thursday, December 12, 2024 | ||
| 18 | 18 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Detention Hearing as to Geovanny Carbajalvera held on 12/12/2024. PTS recommends detention for reasons as stated on the record. Government concurs. Argument heard. Defendant ordered/continued detained pending trial. Appearances : AUSA David Petermann, duty for the Government, CJA Attorney Katherine Filous for Mariam Ferguson for defendant. Defendant is present and in custody. Hearing held 11:05 am to 11:20 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:24-mj-01360-N/A-MSA] | |
| 19 | 19
ORDER OF DETENTION as to Geovanny Carbajalvera. Signed by Magistrate Judge Eric J Markovich on 12/12/24. (BHA) [4:24-mj-01360-N/A-MSA]
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| Monday, December 16, 2024 | ||
| 20 | 20
STIPULATION to release material witnesses by Maria Fernanda Vega-Hernandez. (Francis, Douglas) [4:24-mj-01360-N/A-MSA]
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| 21 | 21 *ORDER Based upon defendant Maria Fernanda Vega-Hernandez having filed a signed Stipulation [Doc 20], IT IS ORDERED that the Status Conference set on 12/17/2024 at 11:00 a.m. before Magistrate Judge Bruce G. Macdonald is VACATED as to Maria Fernanda Vega-Hernandez only. Signed by Magistrate Judge Bruce G Macdonald on 12/17/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MD) *Modified to assign document number; NEF regenerated on 12/16/2024 (SCH). [4:24-mj-01360-N/A-MSA] | |
| Tuesday, December 17, 2024 | ||
| 22 | 22 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Status Conference as to (Maria Fernanda Vega-Hernandez) Geovanny Carbajalvera held on 12/17/2024. Defendant Carbajalvera presents a stipulation for release of material witnesses. Defendant Vega-Hernandez previously filed said stipulation, doc.20 . Therefore, it is ordered, the material witnesses shall be released (separate order to follow,) and the deposition date of 12/19/2024 is VACATED. Appearances : AUSA Patrick Barry for the Government, CJA Attorney Mariam Ferguson for defendant. Defendant is present and in custody. CJA Attorney David Maldonado present on behalf of the witnesses. Hearing held 11:10 am to 11:15 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:24-mj-01360-N/A-MSA] | |
| 23 | 23
STIPULATION and joint motion for release of material witnesses without taking video deposition by USA, Geovanny Carbajalvera as to Geovanny Carbajalvera. (BHA) [4:24-mj-01360-N/A-MSA]
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| 24 | 24
ORDER granting20 Stipulation, 23 Stipulation as to Maria Fernanda Vega-Hernandez, Geovanny Carbajalvera: For release of material witnesses.. Signed by Magistrate Judge Bruce G Macdonald on 12/17/24. (Emailed USMS this date; bh) (BHA) [4:24-mj-01360-N/A-MSA]
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| Wednesday, December 18, 2024 | ||
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INDICTMENT as to Maria Fernanda Vega-Hernandez (1) count(s) 1, 2-4, Geovanny Carbajalvera (2) count(s) 1, 2-4. Arraignment set for 1/10/2025 at 11:00 AM before Magistrate Judge Aguilera. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following proposed dates: Trial: 2/19/2025; Plea Deadline: 1/31/2025.
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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| 27 | 27
SEALED UNREDACTED INDICTMENT as to Maria Fernanda Vega-Hernandez, Geovanny Carbajalvera. (KAH)
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