California Southern District Court
Case #: 3:22-cr-00063
Case Filed:Jan 11, 2022
Last checked: Wednesday Jan 12, 2022 11:37 PM PST
Defendant
Luis Javier Martinez Aviles (1)
Represented By
Theodore J. Torres
Federal Defenders Of San Diego, Inc.
contact info
Federal Defenders
Federal Defenders Of San Diego
contact info
Material Witness
Floriberto Aguilar-Alvarez
Represented By
Ruth B. Philips
Ruth Philips
contact info
Material Witness
Luis Rodriguez-Arroyo
Represented By
Ruth B. Philips
Ruth Philips
contact info
Material Witness
Jose Carlos Sanchez-Rojas
Represented By
Ruth B. Philips
Ruth Philips
contact info
Plaintiff
USA
Represented By
Peter Horn
Doj-Usao
contact info

GPO Mar 02 2022
JUDGMENT as to Luis Javier Martinez Aviles (1), Count(s) 1-3, Government oral motion to dismiss underlying Information (felony) without prejudice - granted; Count(s) 1s, Defendant sentenced to One(1) Year Unsupervised Probation; $10 penalty assessment remitted; Fine waived; Appeal rights waived. Signed by Magistrate Judge Barbara Lynn Major (jpp)

Docket last updated: 01/13/2022 12:11 AM PST
Tuesday, December 14, 2021
Arrest of Luis Javier Martinez Aviles (no document attached) (mme) [3:21-mj-04881-BLM]
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Wednesday, December 15, 2021
1 1 COMPLAINT as to Luis Javier Martinez Aviles.(mme) [3:21-mj-04881-BLM]
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Att: 1 Info Sheet
2 2 Minute Order. Material Witness Attorney Ruth B. Philips appointed for Jose Carlos Sanchez-Rojas, Luis Rodriguez-Arroyo, Floriberto Aguilar-Alvarez. Set/Reset Duty Hearings as to Luis Javier Martinez Aviles: Initial Appearance set for 12/15/2021 before Magistrate Judge Barbara Lynn Major. (no document attached) (ekb) [3:21-mj-04881-BLM]
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3 3 ORDER Setting Conditions of Release. Bond set for Luis Javier Martinez Aviles (1) $10,000.00 P/S secured by 2 FRAs (1 related). Signed by Magistrate Judge Barbara Lynn Major on 12/15/2021. (smy1)(jrd) [3:21-mj-04881-BLM]
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4 4 CJA 23 Financial Affidavit by Luis Javier Martinez Aviles. (smy1)(jrd) [3:21-mj-04881-BLM]
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7 7 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Initial Appearance as to Luis Javier Martinez Aviles held on 12/15/2021. Appointed Attorney Federal Defenders for Luis Javier Martinez Aviles. Bond set as to Luis Javier Martinez Aviles (1) $10,000 PS secured by 2 FRAs(1 related). Rule 5 advisement provide. ( Preliminary Hearing set for 12/28/21 at 9:30am before Magistrate Judge Barbara Lynn Major. Arraignment set for 1/11/22 at 9:30am before Magistrate Judge Barbara Lynn Major. ) (CD# 12/15/2021 BLM 21-1:3:22-4:24). (Plaintiff Attorney Elizabet Brown AUSA). (Defendant Attorney Paul Barr FD-S/A). (aje) [3:21-mj-04881-BLM]
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8 8 ***English. No Interpreter needed as to Luis Javier Martinez Aviles (no document attached) (aje) [3:21-mj-04881-BLM]
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9 9 ORDER as to Luis Javier Martinez Aviles: 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 12/15/21. (aje) [3:21-mj-04881-BLM]
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Thursday, December 16, 2021
5 5 NOTICE OF ATTORNEY APPEARANCE: Theodore J. Torres appearing for Luis Javier Martinez Aviles (Torres, Theodore)Attorney Theodore J. Torres added to party Luis Javier Martinez Aviles(pty:dft) (jcj). [3:21-mj-04881-BLM]
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6 6 Notice of Assertion of Rights by Luis Javier Martinez Aviles (Torres, Theodore) [3:21-mj-04881-BLM]
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10 10 NOTICE OF ATTORNEY APPEARANCE Peter Horn appearing for USA. (Horn, Peter)Attorney Peter Horn added to party USA(pty:pla) (jcj). [3:21-mj-04881-BLM]
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Friday, December 17, 2021
11 11 Bond Filed as to Luis Javier Martinez Aviles in amount of $10,000 PS. Signed by Magistrate Judge Barbara Lynn Major on 12/17/2021. Defendant's signed bond packet must be submitted by close of business on Wednesday, 12/22/2021 - received on 12/20/2021. (Document applicable to USA, Luis Javier Martinez Aviles.) (nbp) Modified on 12/17/2021 (nbp). (nbp). [3:21-mj-04881-BLM]
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Att: 1 (12/21/2021) Defendant's signed bond packet
12 12 ABSTRACT OF ORDER Releasing Luis Javier Martinez Aviles re11 Bond. (nbp) [3:21-mj-04881-BLM]
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Wednesday, December 22, 2021
13 13 Set/Reset Duty Hearings as to Luis Javier Martinez Aviles: Arraignment of MW Jose Carlos Sanchez-Rojas, Luis Rodriguez-Arroyo, Floriberto Aguilar-Alvarez set for 12/22/2021 before Magistrate Judge Jill L. Burkhardt. (no document attached) (mme) [3:21-mj-04881-BLM]
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14 14 ORDER Setting Conditions of Release for Material Witness as to Floriberto Aguilar-Alvarez. Material Witness Bond set for $5,000 PS Signed by Magistrate Judge Jill L. Burkhardt on 12/22/2021. (ave). [3:21-mj-04881-BLM]
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15 15 ORDER Setting Conditions of Release for Material Witness as to Luis Rodriguez-Arroyo. Material Witness Bond set for $10,000 PS Signed by Magistrate Judge Jill L. Burkhardt on 12/22/2021. (ave). [3:21-mj-04881-BLM]
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16 16 ORDER Setting Conditions of Release for Material Witness as to Jose Carlos Sanchez-Rojas. Material Witness Bond set for $7,500 PS Signed by Magistrate Judge Jill L. Burkhardt on 12/22/2021. (ave). [3:21-mj-04881-BLM]
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17 17 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Arraignment of Material Witnesses Jose Carlos Sanchez-Rojas, Luis Rodriguez-Arroyo, Floriberto Aguilar-Alvarez held on 12/22/2021. Material Witness bail set as to Floriberto Aguilar-Alvarez $5,000 P/S w/10 percent cash deposit. Material Witness bail set as to Jose Carlos Sanchez-Rojas $7,500 P/S w/10 percent cash deposit. Material Witness bail set as to Luis Rodriguez-Arroyo $10,000 P/S w/10 percent cash deposit. M/W's must be able to legally remain in the U.S. and follow PTS supervision. (CD# 12/22/2021 JLB21 2:08 - 2:20). (Plaintiff Attorney Galen Cheney AUSA-S/A). (Defendant Attorney Jesus Mosqueda/Blake Eaton FD-S/A). (no document attached) (mtb) [3:21-mj-04881-BLM]
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Thursday, December 23, 2021
18 18 NOTICE OF CHANGE OF HEARING (TIME + JUDGE) as to Defendant Luis Javier Martinez Aviles. On the Court's own motion, Preliminary Hearing reset for 12/28/2021 at 02:00 PM before Magistrate Judge Jill L. Burkhardt. (nbp) [3:21-mj-04881-BLM]
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Tuesday, December 28, 2021
20 20 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Preliminary Hearing not held as to Luis Javier Martinez Aviles. Defense oral motion to continue hearing granted. Preliminary Hearing continued to 1/11/2022 09:30 AM before Magistrate Judge Barbara Lynn Major. (CD# 12/28/2021 JLB21-2:24-2:25). (Plaintiff Attorney Galen Cheney, AUSA). (Defendant Attorney Theo Torres, FD). (rla) [3:21-mj-04881-BLM]
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Wednesday, December 29, 2021
19 19 NOTICE of Lodgment of Information by USA.(Horn, Peter)(jrd) [3:21-mj-04881-BLM]
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Friday, January 07, 2022
21 21 NOTICE OF CHANGE OF HEARING (TIME + JUDGE) as to Defendant Luis Javier Martinez Aviles. On the Court's own motion, Arraignment and Preliminary Hearing reset for 1/11/2022 at 09:00 AM before Magistrate Judge Jill L. Burkhardt. (nbp) [3:21-mj-04881-BLM]
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Tuesday, January 11, 2022
22 22 INFORMATION as to Luis Javier Martinez Aviles (1) count(s) 1-3. (anh) Modified on 1/11/2022 (anh).
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23 23 STIPULATION OF FACT AND JOINT MOTION FOR RELEASE OF MATERIAL WITNESS(ES) Jose Carlos Sanchez-Rojas, Luis Rodriguez-Arroyo, Floriberto Aguilar-Alvarez as to defendant Luis Javier Martinez Aviles and Order Thereon.. Signed by Magistrate Judge Jill L. Burkhardt on 1/11/2022. (anh)
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24 24 ABSTRACT OF ORDER Releasing Material Witness Floriberto Aguilar-Alvarez (anh)
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25 25 ABSTRACT OF ORDER Releasing Material Witness Luis Rodriguez-Arroyo (anh)
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26 26 ABSTRACT OF ORDER Releasing Material Witness Jose Carlos Sanchez-Rojas (anh)
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27 27 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Arraignment on Information as to Luis Javier Martinez Aviles (1) Count 1-3 held on 1/11/2022. Defendant appeared in person on bond. Not Guilty plea entered. Defendant waived Indictment in open court. Motion Hearing/Trial Setting set for 2/18/2022 10:30 AM before Judge Cathy Ann Bencivengo. Material Witness Hearing in case as to Luis Javier Martinez Aviles held on 1/11/2022. MW Stipulation of fact submitted and signed. Abstract issued as to all material witnesses. (CD# 1/11/2022 JLB 22: 9:07-9:22). (Plaintiff Attorney Pamela Ataii, AUSA S/A). (Defendant Attorney Theo Torres, FD). (Material Witness Attorney Ruth Phillips, CJA). (als)
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