USA v. Barby, V
| New Mexico District Court | |
| Case #: | 2:21-cr-00815 |
| Case Filed: | Jun 15, 2021 |
| Last checked: Thursday Jun 17, 2021 1:37 AM MDT |
|
Defendant
Otto Nicholas Barby, V (1)
|
Represented By
|
|
Interested Party
US Probation and Pretrial Services
|
|
|
Plaintiff
USA
|
Represented By
|
| Docket last updated: 06/17/2021 2:12 AM MDT |
| Saturday, March 20, 2021 | ||
| Arrest of Otto Nicholas Barby (vrr) [2:21-mj-00369-CG] | ||
| Sunday, March 21, 2021 | ||
| Set/Reset Hearings as to Otto Nicholas Barby: Initial Appearance set for 3/22/2021 at 09:00 AM in Las Cruces - 460 Organ Courtroom (South Tower) - Remote before Magistrate Judge Carmen E. Garza. (vrr) [2:21-mj-00369-CG] | ||
| Monday, March 22, 2021 | ||
| Attorney update in case as to Otto Nicholas Barby, V. Attorney Dustin C. Segovia for USA added. (nr) [2:21-mj-00369-CG] | ||
| 1 | 1
COMPLAINT as to Otto Nicholas Barby, V. (nr) [2:21-mj-00369-CG]
|
|
| 2 | 2 ORDER APPOINTING FEDERAL PUBLIC DEFENDER James N Langell for Otto Nicholas Barby, V by Magistrate Judge Carmen E. Garza (nr) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [2:21-mj-00369-CG] | |
| 3 | 3 Clerk's Minutes of Initial Presentment hearing held before Magistrate Judge Carmen E. Garza: Initial Appearance as to Otto Nicholas Barby, V - True Name - held on 3/22/2021. Defendant advised of rights/penalties. Attorney to be appointed. Appearances: AUSA: Kris Dale Jarvis; AFPD: Silvia Teresa Delgado; FPD Standing In; Interpreter: Cynthia Herber. Recorded: Liberty-Organ. Rights: 9:52 AM - 9:56 AM. Time In Session: 9:52 AM - 9:56 AM. NOTICE OF HEARING: Preliminary/Detention Hearing is hereby set before Magistrate Judge Kevin R. Sweazea for 3/25/2021, at 09:00 AM in Las Cruces - 340 Sierra Blanca Courtroom (North Tower) - Remote, U.S. District Courthouse, 100 N. Church St., Las Cruces, New Mexico. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (nr) [2:21-mj-00369-CG] | |
| 4 | 4 Pursuant to the Due Process Protections Act, the Court confirms the United States' obligation to produce all exculpatory evidence to the defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and orders it to do so. Failing to do so in a timely manner may result in consequences, including but not limited to, exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, or sanctions by Magistrate Judge Carmen E. Garza (nr) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [2:21-mj-00369-CG] | |
| Wednesday, March 24, 2021 | ||
| U.S. Probation and Pretrial Services added as interested party.(Richardson, Brenda) [2:21-mj-00369-CG] | ||
| 6 | 6
WAIVER of Hearings by Otto Nicholas Barby, V (Langell, James) [2:21-mj-00369-CG]
|
|
| 7 | 7 ORDER TO CONTINUE - Ends of Justice as to Otto Nicholas Barby, V by Magistrate Judge Kevin R. Sweazea. The Court having reviewed the waiver of preliminary hearing, waiver of personal presence at the preliminary hearing and request for tolling of Grand Jury presentment and waiver of detention, now finds that the ends of justice served by granting the request to toll the speedy indictment computation outweigh the interest of the defendant and the public in a speedy indictment. The Court expressly finds that the public's interest in a speedy indictment in this case is outweighed by: (I) the public's interest in a reasonably expeditious resolution of the case; (2) the public's interest in relieving the burden that would be placed on judicial, prosecutorial, defense, and law enforcement resources if the case proceeded to a preliminary examination and/or a speedy indictment; and (3) the potential benefit conferred upon the defendant in an expedited resolution of the case. IT IS THEREFORE. ORDERED, ADJUDGED. and DECREED that pursuant to 18 U.S.C.§3161(h)(7)(A), a period of time of 75 days from today's date is hereby tolled and excluded from the computation of speedy indictment. At the expiration of this 75-day period, the 30-day period pursuant to 18 U.S.C.§3161(b) for speedy indictment shall resume. IT IS FURTHER ORDERED that the preliminary and detention hearings are vacated. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arn) [2:21-mj-00369-CG] | |
| Thursday, March 25, 2021 | ||
| 8 | 8
ORDER OF DETENTION as to Otto Nicholas Barby, V by Magistrate Judge Kevin R. Sweazea (nr) [2:21-mj-00369-CG]
|
|
| Tuesday, June 01, 2021 | ||
| 9 | 9 NOTICE OF HEARING as to Otto Nicholas Barby, V: Change of Plea Hearing set for 6/10/2021 at 09:00 AM in Las Cruces - 460 Organ Courtroom (South Tower) - Remote before Magistrate Judge Carmen E. Garza. (bw) NOTE: 1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record. 2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues. 3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking. *** REMINDER: Recording or broadcasting of this hearing is prohibited. *** [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [2:21-mj-00369-CG] | |
| Wednesday, June 02, 2021 | ||
| 10 | 10 AMENDED NOTICE OF HEARING as to Otto Nicholas Barby, V: Change of Plea Hearing set for 6/15/2021 at 10:30 AM in Las Cruces - 340 Sierra Blanca Courtroom (North Tower) - Remote before Magistrate Judge Stephan M. Vidmar. (bw) NOTE: 1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record. 2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues. 3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking. *** REMINDER: Recording or broadcasting of this hearing is prohibited. *** [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [2:21-mj-00369-CG] | |
| Tuesday, June 08, 2021 | ||
| 11 | 11
NOTICE of Intention to Enter Guilty Plea by Otto Nicholas Barby, V (Langell, James) [2:21-mj-00369-CG]
|
|
| Tuesday, June 15, 2021 | ||
| 12 | 12
1
pgs
INFORMATION as to Otto Nicholas Barby, V (1) count(s) 1. (mjr)
|
|
| 13 | 13
CONSENT TO PLEA BEFORE US MAGISTRATE JUDGE by Otto Nicholas Barby, V (mjr)
|
|
| 14 | 14
WAIVER OF INDICTMENT by Otto Nicholas Barby, V (mjr)
|
|
| 15 | 15
10
pgs
PLEA AGREEMENT as to Otto Nicholas Barby, V (mjr)
|
|
| 16 | 16
2
pgs
Clerk's Minutes for proceedings held before Magistrate Judge Stephan M. Vidmar: Plea Hearing as to Otto Nicholas Barby, V held on 6/15/2021, Plea entered by Otto Nicholas Barby, V (1) Guilty Count 1. (mjr)
|
|