USA v. Almonte et al
| California Southern District Court | |
| Case #: | 3:25-cr-01321 |
| Case Filed: | Apr 22, 2025 |
| Last checked: Thursday Apr 24, 2025 12:26 AM PDT |
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Defendant
Farlis Almonte (1)
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Represented By
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Defendant
Ricardo Rodriguez (2)
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Represented By
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Material Witness
FNU LNU
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Represented By
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Material Witness
Diana Juarez-Sanchez
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Represented By
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Material Witness
M.B.S.J.
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Represented By
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Material Witness
M.L.S.J.
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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: 04/24/2025 2:29 AM PDT |
| Tuesday, March 25, 2025 | ||
| 1 | 1
SEALED COMPLAINT as to Farlis Almonte (1), Ricardo Rodriguez (2). (cc: USM, BLM, AUSA) (cxl) [3:25-mj-01411-BLM-BJC]
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Att: 1
Rap Sheet,
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Att: 2
Rap sheet
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| 2 | 2
MOTION to Seal Complaint, Probable Cause Statement, Arrest Warrants and this Motion and Order Thereonby USA as to Farlis Almonte, Ricardo Rodriguez. (cc: USM, BLM, AUSA) (cxl) [3:25-mj-01411-BLM-BJC]
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| 3 | 3
ORDER granting2 Motion to Seal as to Farlis Almonte (1), Ricardo Rodriguez (2). Signed by Magistrate Judge Barbara Lynn Major on 3/24/2025. (cc: USM, BLM, AUSA) (cxl) [3:25-mj-01411-BLM-BJC]
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| 6 | 6 Minute Order by Magistrate Judge Barbara Lynn Major: Material Witness Attorney Emily Carolyn Wietzel for FNU LNU, M.B.S.J., M.L.S.J.,Diana Juarez-Sanchez appointed.Set/Reset Duty Hearings as to Farlis Almonte, Ricardo Rodriguez: (JV MW Coordinator Notified Electronically for M.L.S.J., M.B.S.J.) Initial Appearance set for 3/25/2025 before Magistrate Judge Barbara Lynn Major. (gac) [3:25-mj-01411-BLM-BJC] | |
| 7 | 7 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Initial Appearance as to Farlis Almonte, Ricardo Rodriguez held on 3/25/2025. Government oral motion to unseal entire case - granted. Defendants present. Rule 5 advisement provided. Attorney Alana Lee McMains provisionally appointed as counsel for Farlis Almonte and Attorney Michael L. S. Hawkins provisionally appointed as counsel for Ricardo Rodriguez. Financial Affidavits filed. Supplemental Financial Affidavit that includes earnings and savings as to each defendant is due at the next hearing. Government oral motion to detain (flight). (Detention Hearing - RF set for 3/27/2025 09:30 AM before Magistrate Judge Barbara Lynn Major. )( Preliminary Hearing set for Preliminary Hearing set for 4/8/2025 at 9:30 AM before Judge Barbara Lynn Major. Arraignment set for 4/22/2025 at 9:30 AM before Judge Barbara Lynn Major.) The Court confirms the appointment of MW attorney Emily Wietzel(n/a). (Sealed Clerk Notified) (CD# 3/25/2025 BLM 25:217-243). (Plaintiff Attorney Francisco Nagel AUSA). (Defendant Attorney Jory Burks, FD). (nbp) Modified on 3/26/2025 (aje). Modified on 3/28/2025 to correct PH date (nbp). Modified on 4/4/2025 to correct arr date (nbp). [3:25-mj-01411-BLM-BJC] | |
| 10 | 10 Oral MOTION to Detain (Flight)by USA as to Farlis Almonte. (no document attached) (aje) [3:25-mj-01411-BLM-BJC] | |
| 11 | 11 Oral MOTION to Detain (Flight)by USA as to Ricardo Rodriguez. (no document attached) (aje) [3:25-mj-01411-BLM-BJC] | |
| 13 | 13
CJA 23 Financial Affidavit by Farlis Almonte (ave) [3:25-mj-01411-BLM-BJC]
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| 14 | 14
CJA 23 Financial Affidavit by Ricardo Rodriguez (ave) [3:25-mj-01411-BLM-BJC]
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| 17 | 17
ORDER as to Farlis Almonte: The Court orders the United States to comply with the continuing duty to disclose evidence which is favorable to the defendant as required by Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. Upon finding that the government has failed to comply with this order, the Court may, as appropriate, order the production of such information, grant a continuance, impose evidentiary sanctions, or, in extreme cases, dismiss charges.. Signed by Magistrate Judge Barbara Lynn Major on 3/25/25. (aje) [3:25-mj-01411-BLM-BJC]
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| 18 | 18
ORDER as to Ricardo Rodriguez: The Court orders the United States to comply with the continuing duty to disclose evidence which is favorable to the defendant as required by Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. Upon finding that the government has failed to comply with this order, the Court may, as appropriate, order the production of such information, grant a continuance, impose evidentiary sanctions, or, in extreme cases, dismiss charges. Signed by Magistrate Judge Barbara Lynn Major on 3/25/25. (aje) [3:25-mj-01411-BLM-BJC]
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| Wednesday, March 26, 2025 | ||
| 8 | 8 ***English. No Interpreter needed as to Farlis Almonte, Ricardo Rodriguez (no document attached) (nbp) [3:25-mj-01411-BLM-BJC] | |
| 9 | 9 NOTICE OF CHANGE OF HEARING as to Defendant Farlis Almonte. At the request of Defense counsel, Detention Hearing - RF reset for 3/28/2025 at 09:30 AM before Magistrate Judge Barbara Lynn Major. (nbp) [3:25-mj-01411-BLM-BJC] | |
| 12 | 12
NOTICE OF ATTORNEY APPEARANCE Francisco Anaya Nagel appearing for USA. (Nagel, Francisco)Attorney Francisco Anaya Nagel added to party USA(pty:pla) (exs). [3:25-mj-01411-BLM-BJC]
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| Thursday, March 27, 2025 | ||
| 15 | 15
BAIL REVIEW PACKET as to Ricardo Rodriguez. Report prepared by: C. Ramirez. (Document applicable to USA, Ricardo Rodriguez.) (Ramirez, C.) [3:25-mj-01411-BLM-BJC]
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| 16 | 16 NOTICE OF CHANGE OF HEARING (*TIME ONLY*) as to Defendant Farlis Almonte. On the Court's own motion, Detention Hearing - RF reset for 3/28/2025 at 10:00 AM before Magistrate Judge Barbara Lynn Major. (nbp) [3:25-mj-01411-BLM-BJC] | |
| 19 | 19 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Detention Hearing Continued as to Ricardo Rodriguez. Defense oral motion to continue hearing is granted. Detention Hearing - RF continued to 3/31/2025 at 01:30 PM before Magistrate Judge Barbara Lynn Major. (CD# 3/27/2025 BLM 25:934-936). (Plaintiff Attorney Francisco Nagel, AUSA). (Defendant Attorney Michael Hawkins, CJA). (no document attached) (nbp) [3:25-mj-01411-BLM-BJC] | |
| Friday, March 28, 2025 | ||
| 20 | 20 MINUTE ORDER. Per Government counsel, Material Witnesses are not being held. Attorney Emily Wietzel is relieved as Material Witness counsel in this case. (no document attached) (nbp) [3:25-mj-01411-BLM-BJC] | |
| 21 | 21 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Detention Hearing as to Farlis Almonte held on 3/28/2025. Supplemental Financial Affidavit submitted; Court confirms appointment of counsel; PROV Flag cleared. USA oral motion for detention is denied as to Farlis Almonte. Bond set as to Farlis Almonte (1) $40,000 PS secured by 2FRAs(1 related) plus $6,000 deposit. Government oral motion to stay conditions of release - granted. The conditions of release are stayed until 3/31/2025 at 5:00 PM. (CD# 3/28/2025 BLM 25:1029-1059). (Plaintiff Attorney Francisco Nagel, AUSA). (Defendant Attorney Alana McMains, CJA). (no document attached) (nbp) [3:25-mj-01411-BLM-BJC] | |
| 22 | 22
Joint MOTION for Protective Order by USA as to Farlis Almonte, Ricardo Rodriguez. (Nagel, Francisco) (axi). [3:25-mj-01411-BLM-BJC]
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| 23 | 23
ORDER granting Motion for Protective Order (ECF No.22 ) as to Farlis Almonte (1), Ricardo Rodriguez (2). Signed by Magistrate Judge Barbara Lynn Major on 3/28/2025.(nbp) [3:25-mj-01411-BLM-BJC]
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| 24 | 24
ORDER Setting Conditions of Release. Bond set for Farlis Almonte (1) $40,000 PS secured by 2FRAs(1 related) plus $6,000 deposit.. Signed by Magistrate Judge Barbara Lynn Major on 3/28/2025. (yxc) [3:25-mj-01411-BLM-BJC]
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| 25 | 25
CJA 23 Financial Affidavit by Farlis Almonte (ggv) [3:25-mj-01411-BLM-BJC]
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| 36 | 36
Arrest Warrant Returned Executed on 03/25/2025, in case as to Farlis Almonte, re 4 Warrant Issued. (mef) [3:25-mj-01411-BLM-BJC]
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| 37 | 37
Arrest Warrant Returned Executed on 03/25/2025, in case as to Ricardo Rodriguez, re 5 Warrant Issued. (mef) [3:25-mj-01411-BLM-BJC]
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| Monday, March 31, 2025 | ||
| 26 | 26
APPEAL OF MAGISTRATE JUDGE DECISION (Conditions of Release/Detention - G.O. 627), to District Court by USA as to Farlis Almonte (Nagel, Francisco) (dim). [3:25-mj-01411-BLM-BJC]
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| 27 | 27 MINUTE ORDER OF JUDGE TRANSFER in case as to Farlis Almonte. District Judge Benjamin J. Cheeks assigned for appeal proceedings. The new case number is 25mj1411-BLM-BJC. Motions referred to Benjamin J. Cheeks.(no document attached) (sjt) [3:25-mj-01411-BLM-BJC] | |
| 28 | 28
Notice of Assertion of Rights by Farlis Almonte (McMains, Alana) (dim). [3:25-mj-01411-BLM-BJC]
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| 29 | 29 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Detention Hearing as to Ricardo Rodriguez (2) held on 3/31/2025. USA oral motion for detention is denied as to Ricardo Rodriguez. Bond set as to Ricardo Rodriguez (2) $40,000 PS secured by 2FRAs(1 related) plus $6,000 deposit. Preliminary Hearing not held as to Ricardo Rodriguez. Defense oral motion to continue hearing is granted. Preliminary Hearing continued to 4/22/2025 at 09:30 AM before Magistrate Judge Barbara Lynn Major. Government oral motion to stay conditions of release - granted. Stayed until 5pm on 3/31/2025. (CD# 3/31/2025 BLM 25:134; 156-212). (Plaintiff Attorney Bianca Calderon-Penaloza, AUSA). (Defendant Attorney Michael Hawkins, CJA). (no document attached) (nbp) [3:25-mj-01411-BLM-BJC] | |
| 32 | 32
ORDER Setting Conditions of Release. Bond set for Ricardo Rodriguez (2) $40,000 P/S secured by 2 FRAs (1 related) plus $6,000 deposit. Signed by Magistrate Judge Barbara Lynn Major on 3/31/2025. (axi) [3:25-mj-01411-BLM-BJC]
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| Tuesday, April 01, 2025 | ||
| 30 | 30
BAIL REVIEW PACKET as to Farlis Almonte. Report prepared by: V. Juarez. (Document applicable to USA, Farlis Almonte.) (Juarez, V.) [3:25-mj-01411-BLM-BJC]
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TRANSCRIPT ORDER - For hearing(s) on 03/28/2025 by USA (Nagel, Francisco) (dim). [3:25-mj-01411-BLM-BJC]
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| 33 | 33
Order on Stipulated Continuance of a Preliminary Hearing as to Farlis Almonte. Preliminary Hearing set for 4/22/2025 at 09:30 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 4/1/2025. (nbp) [3:25-mj-01411-BLM-BJC]
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| 34 | 34
SUPPLEMENTAL BRIEFING by USA as to Farlis Almonte re26 APPEAL OF MAGISTRATE JUDGE DECISION (Conditions of Release/Detention - G.O. 627), to District Court by USA as to Farlis Almonte (Nagel, Francisco) (dim). [3:25-mj-01411-BLM-BJC]
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| Wednesday, April 02, 2025 | ||
| 35 | 35
RESPONSE in Opposition by Farlis Almonte re26 APPEAL OF MAGISTRATE JUDGE DECISION (Conditions of Release/Detention - G.O. 627), to District Court by USA as to Farlis Almonte (McMains, Alana) (yxc). [3:25-mj-01411-BLM-BJC]
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| 38 | 38
***DOCUMENT WITHDRAWN PER ECF No.39 *** WITHDRAWN PER NOTICE39 TRANSCRIPT ORDER - For hearing(s) on 03/28/2025 by USA (Nagel, Francisco) Modified on 4/2/2025 (tlw). Modified to withdraw on 4/3/2025 (yxc). [3:25-mj-01411-BLM-BJC]
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| 39 | 39
NOTICE OF WITHDRAWAL OF DOCUMENT by USA as to Farlis Almonte, Ricardo Rodriguez (Nagel, Francisco) (yxc). [3:25-mj-01411-BLM-BJC]
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| 40 | 40
TRANSCRIPT ORDER - For hearing(s) on March 28, 2025 (nxm) [3:25-mj-01411-BLM-BJC]
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| 41 | 41
TRANSCRIPT ORDER - For hearing(s) on 03/31/2025 by USA (Nagel, Francisco) (dim). [3:25-mj-01411-BLM-BJC]
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| Thursday, April 03, 2025 | ||
| 42 | 42
APPEAL OF MAGISTRATE JUDGE DECISION (Conditions of Release/Detention - G.O. 627), to District Court by USA as to Ricardo Rodriguez (Nagel, Francisco) (dim). [3:25-mj-01411-BLM-BJC]
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| 43 | 43 MINUTE ORDER OF JUDGE TRANSFER in case as to Ricardo Rodriguez.District Judge Benjamin J. Cheeks assigned fro appeal proceedings. The new case number is 25mj1411-BLM-BJC. Motions referred to Benjamin J. Cheeks.(no document attached) (sjt) [3:25-mj-01411-BLM-BJC] | |
| Friday, April 04, 2025 | ||
| 44 | 44
Supplemental CJA 23 Financial Affidavit by Ricardo Rodriguez. The Court confirms Attorney Michael Hawkins' appointment as counsel for Ricardo Rodriguez. (nbp) [3:25-mj-01411-BLM-BJC]
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| Monday, April 07, 2025 | ||
| 45 | 45
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Detention Hearing as to Farlis Almonte held on 3/28/2025, before Magistrate Judge Barbara Lynn Major. Court Reporter/Transcriber: James C. Pence-Aviles. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/28/2025. Redacted Transcript Deadline set for 5/8/2025. Release of Transcript Restriction set for 7/7/2025. (jcp)(jrd) [3:25-mj-01411-BLM-BJC]
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| 46 | 46 Minute Entry for proceedings held before District Judge Benjamin J. Cheeks: Detention Hearing as to Farlis Almonte held on 4/7/2025. Court denies26 Appeal of Magistrate Judge Decision to District Court as to Farlis Almonte (1). Court modifies Bond amount as to Farlis Almonte (1) 50,000 PS secured by 2 FRRA plus $7,500 cash deposit w/additional pretrial conditions of release: actively seek or continue full-time employment, or schooling, or a combination of both; reside with surety; surrender any valid passport to the Pretrial Services Office and not obtain a passport or other international travel document; Home Detention. You are restricted to your residence at all times except for Pretrial Services-approved absences for: employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; Court-ordered obligations; or other activities; Submit to drug/alcohol testing no more than six times per month and/or outpatient substance abuse therapy and counseling, as directed by the Pretrial Services Office. Testing may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. Pretrial Services need not notify the Court of test results attributed to residual elimination; Dft to report to USPTS w/in 24 hours of release. Dft must pay all or part of the cost of the program based on ability to pay as determined by the pretrial services officer. Dft required to be placed on GPS monitoring in San Diego Office. (Court Reporter/ECR Noemy Martinez). (Plaintiff Attorney Francisco Nagel, AUSA). (Defendant Attorney Alana McMains, CJA). (E. Caserta, PTSO).(no document attached) (tlw) [3:25-mj-01411-BLM-BJC] | |
| 47 | 47
ORDER Setting Conditions of Release. Bond Modified set for Farlis Almonte (1) $50,000 PS secured by 2 FRRA plus $7,500 Cash Deposit. Signed by District Judge Benjamin J. Cheeks on 4/7/2025. (tlw) (Main Document 47 replaced on 4/11/2025) (tlw). [3:25-mj-01411-BLM-BJC]
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| Tuesday, April 08, 2025 | ||
| 48 | 48
Bond Filed as to Farlis Almonte in amount of $50,000 PS. Signed by Magistrate Judge Barbara Lynn Major on 4/8/2025. (Document applicable to USA, Farlis Almonte.) (nbp) [3:25-mj-01411-BLM-BJC]
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| 49 | 49
ABSTRACT OF ORDER Releasing Farlis Almonte re48 Bond. (nbp) (nbp). [3:25-mj-01411-BLM-BJC]
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Att: 1
(4/9/2025) Read Receipt
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| Wednesday, April 09, 2025 | ||
| 52 | 52
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Detention Hearing as to Ricardo Rodriguez held on March 31, 2025, before Judge Barbara L. Major. Court Reporter/Transcriber Ad Hoc Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/30/2025. Redacted Transcript Deadline set for 5/12/2025. Release of Transcript Restriction set for 7/8/2025. (dim) [3:25-mj-01411-BLM-BJC]
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| Thursday, April 10, 2025 | ||
| 50 | 50 NOTICE OF HEARING ON MOTION in case as to Defendant Ricardo Rodriguez42 APPEAL OF MAGISTRATE JUDGE DECISION (Conditions of Release/Detention - G.O. 627), to District Court by USA as to Ricardo Rodriguez : Motion Hearing set for 4/14/2025 10:00 AM before District Judge Benjamin J. Cheeks. (no document attached) (tlw) [3:25-mj-01411-BLM-BJC] | |
| 51 | 51 AMENDED NOTICE OF HEARING ON MOTION in case as to Defendant Ricardo Rodriguez42 APPEAL OF MAGISTRATE JUDGE DECISION (Conditions of Release/Detention - G.O. 627), to District Court by USA as to Ricardo Rodriguez : Response due by 5:00PM on 4/10/2025. Motion Hearing reset for 4/11/2025 10:00 AM before District Judge Benjamin J. Cheeks. (no document attached) (tlw) [3:25-mj-01411-BLM-BJC] | |
| 53 | 53
Defendant's BRIEF by Ricardo Rodriguez (Hawkins, Michael) (dim). [3:25-mj-01411-BLM-BJC]
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| Friday, April 11, 2025 | ||
| 54 | 54 Minute Entry for proceedings held before District Judge Benjamin J. Cheeks: Motion Hearing as to Ricardo Rodriguez held on 4/11/2025 re42 APPEAL OF MAGISTRATE JUDGE DECISION (Conditions of Release/Detention - G.O. 627), to District Court by USA as to Ricardo Rodriguez filed by USA. Court denies42 Appeal of Magistrate Judge Decision to District Court as to Ricardo Rodriguez (2). Court confirms all conditions previously set by Magistrate Judge Major w/the following additional conditions: Participate in the Location Monitoring Program and comply with its requirements as directed under the following component and technology, Global Positioning System (GPS). Curfew, you are restricted to your residence as directed by the pretrial services office or supervising officer. Defense counsel must notify Pretrial Services upon submission of bond paperwork; defendant to be released from custody to Pretrial Services the following business day by 9:00 a.m. and Pretrial Services to transport if needed. (Court Reporter/ECR Cristine Gerongco). (Plaintiff Attorney Francisco Nagel, AUSA). (Defendant Attorney Michael Hawkins, CJA). (M. Decker, USPTS).(no document attached) (tlw) [3:25-mj-01411-BLM-BJC] | |
| 55 | 55
MODIFIED ORDER Setting Conditions of Release. Bond set for Ricardo Rodriguez (2) $40,000 PS secured by 2FRAs(1 related) plus $6,000. Participate in the Location Monitoring Program and comply with its requirements as directed under the following component and technology, Global Positioning System (GPS). Curfew, you are restricted to your residence as directed by the pretrial services office or supervising officer.. Signed by District Judge Benjamin J. Cheeks on 4/11/2025. (dim) [3:25-mj-01411-BLM-BJC]
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| Wednesday, April 16, 2025 | ||
| 56 | 56
NOTICE of Lodgment of Information by USA (Nagel, Francisco) (dim). [3:25-mj-01411-BLM-BJC]
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| Tuesday, April 22, 2025 | ||
| 57 | 57
INFORMATION as to Farlis Almonte (1) count(s) 1, 2-4, 8, Ricardo Rodriguez (2) count(s) 1, 5-7, 9. (dls)
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| 59 | 59 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Arraignment on Information as to Farlis Almonte (1) Count 1,2-4,8 and Ricardo Rodriguez (2) Count 1,5-7,9 held on 4/22/2025. Defendant Farlis Almonte present on bond. Not Guilty plea entered. Defendant waived Indictment in open court. Motion Hearing/Trial Setting set for 5/5/2025 at 10:00 AM before Judge Marilyn L. Huff. (CD# 4/22/2025 BL:M 25:948-1001). (Plaintiff Attorney Jordan Arakawa, S/A AUSA). (Defendant Attorney D1: Alana McMains, CJA; D2: Michael Hawkins, CJA). (nbp) | |