USA v. Zuniga et al
| Nevada District Court | |
| Case #: | 2:22-cr-00134 |
| Case Filed: | Jun 14, 2022 |
| Last checked: Thursday Jun 16, 2022 12:24 AM PDT |
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Defendant
Brandon Alvarez (2)
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Represented By
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Defendant
Alexander Cintron (3)
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Defendant
Carlos Ibarra (4)
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Defendant
Arlen Irias (5)
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Defendant
Kevin Zuniga (1)
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Represented By
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Defendant
Erik Zuniga-Manzo (6)
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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: 06/16/2022 1:22 AM PDT |
| Friday, June 10, 2022 | ||
| Case assigned to Magistrate Judge Brenda Weksler. (EmG) [2:22-mj-00469-BNW] | ||
| 1 | 1
COMPLAINT as to Kevin Zuniga (1). Count 1. (LOE) [2:22-mj-00469-BNW]
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| 2 | 2
COMPLAINT as to Brandon Alvarez (2) Counts 1-3. (LOE) [2:22-mj-00469-BNW]
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| 3 | 3
COMPLAINT as to Erik Zuniga-Manzo (3) Counts 1 and 4. (LOE) [2:22-mj-00469-BNW]
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| Monday, June 13, 2022 | ||
| 4 | 4 MINUTES OF PROCEEDINGS - Initial Appearance as to Kevin Zuniga held on 6/13/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero ; AUSA: Melanee Smith ; Def Counsel: Yi Lin Zheng, CJA ; PTS: Samira Barlow ; Court Reporter/Recorder: Liberty/ CRD ; Recording start and end times: 3:17:50 - 3:27:20 ; Time of Hearing: 3:17 PM - 3:27 PM ; Courtroom: 3C ; Defendant is present and in custody. Defendant is in no restraints during this court proceeding. Financial Affidavit is filed. CJA Panel Attorney Yi Lin Zheng is appointed as defense counsel. Defendant is advised of his rights/ charges. The Court issues an oral order to the parties confirming the United States' Brady obligations. Government moves for detention. Defense counsel requests a two (2) day continuance of the detention hearing and is GRANTED. IT IS ORDERED that the Defendant is temporarily detained and is remanded to custody pending the detention hearing. Detention Hearing is set for Wednesday, June 15, 2022, at 03:00 PM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. (no image attached) (Copies have been distributed pursuant to the NEF - AC) [2:22-mj-00469-BNW] | |
| 5 | 5 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe, as to Kevin Zuniga on 6/13/2022 by Deputy Clerk: A. Caytuero. 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). (no image attached) (Copies have been distributed pursuant to the NEF - AC) [2:22-mj-00469-BNW] | |
| 6 | 6 MINUTES OF PROCEEDINGS - Initial Appearance as to Brandon Alvarez held on 6/13/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero ; AUSA: Melanee Smith ; Def Counsel: Karen A. Connolly, CJA ; PTS: Samira Barlow ; Court Reporter/Recorder: Liberty/ CRD ; Recording start and end times: 3:27:20 - 3:39:28 ; Time of Hearing: 3:27 PM - 3:39 PM ; Courtroom: 3C ; Defendant is present and in custody. Defendant is in no restraints during this court proceeding. Financial Affidavit is filed. CJA Panel Attorney Karen A. Connolly is appointed as defense counsel. Defendant is advised of his rights/ charges. The Court issues an oral order to the parties confirming the United States' Brady obligations. Government moves for detention. Detention hearing proceeds. For the reasons stated on the record, Government moves for a one (1) day continuance of the detention hearing and is GRANTED. IT IS ORDERED that the Defendant is temporarily detained and is remanded to custody pending the continued detention hearing. Detention Hearing is continued to Tuesday, June 14, 2022, at 03:00 PM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. (no image attached) (Copies have been distributed pursuant to the NEF - AC) [2:22-mj-00469-BNW] | |
| 7 | 7 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe, as to Brandon Alvarez on 6/13/2022 by Deputy Clerk: A. Caytuero. 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). (no image attached) (Copies have been distributed pursuant to the NEF - AC) [2:22-mj-00469-BNW] | |
| 8 | 8 MINUTES OF PROCEEDINGS - Initial Appearance as to Erik Zuniga-Manzo held on 6/13/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero ; AUSA: Melanee Smith ; Def Counsel: Dan M. Winder, Esq. ; PTS: Samira Barlow ; Court Reporter/Recorder: Liberty/ CRD ; Recording start and end times: 3:39:28 - 3:47:40 ; Time of Hearing: 3:39 PM - 3:47 PM ; Courtroom: 3C ; Defendant is present and in custody. Defendant is in no restraints during this court proceeding. Defense counsel retained. Attorney Dan M. Winder files a Designation of Retained Counsel in open court. Defendant is advised of his rights/ charges. The Court issues an oral order to the parties confirming the United States' Brady obligations. Government does not seek detention. Parties are heard regarding conditions of release. IT IS ORDERED that the Defendant is released on a personal recognizance bond with conditions. Bond form executed. Preliminary Examination is set for Friday, June 24, 2022, at 02:00 PM in LV Courtroom 3B before Magistrate Judge Brenda Weksler. (no image attached) (Copies have been distributed pursuant to the NEF - AC) [2:22-mj-00469-BNW] | |
| 9 | 9 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe, as to Erik Zuniga-Manzo on 6/13/2022 by Deputy Clerk: A. Caytuero. 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). (no image attached) (Copies have been distributed pursuant to the NEF - AC) [2:22-mj-00469-BNW] | |
| 11 | 11
ORDER APPOINTING COUNSEL as to Kevin Zuniga. CJA, Yi Lin Zheng, Esq. appointed as counsel for Defendant. Please see LCR 17-1(c) re the issuance of subpoenas. Signed by Magistrate Judge Nancy J. Koppe on 06/13/2022. (Copies have been distributed pursuant to the NEF - LOE)
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ORDER APPOINTING COUNSEL as to Brandon Alvarez. CJA, Karen A. Connolly Esq. appointed as counsel for Defendant. Please see LCR 17-1(c) re the issuance of subpoenas. Signed by Magistrate Judge Nancy J. Koppe on 06/13/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| 14 | 14
DESIGNATION of Retained Counsel. (LOE)
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PR BOND Entered as to Erik Zuniga-Manzo. (LOE)
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| 16 | 16
ORDER Scheduling a Detention Hearing as to Kevin Zuniga. Detention Hearing set for 6/15/2022 at 03:00 PM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 06/13/2022. (Copies have been distributed pursuant to the NEF - LOE)
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ORDER Scheduling a Detention Hearing as to Brandon Alvarez. Detention Hearing set for 6/14/2022 at 03:00 PM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 06/13/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Tuesday, June 14, 2022 | ||
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Brenda Weksler. (KF) | ||
| 18 | 18
INDICTMENT as to Kevin Zuniga (1) counts 1 and 2. Brandon Alvarez (2) counts 1, 4, 5 and 6. Erik Zuniga-Manzo (3) counts 1 and 7. Alexander Cintron (4) counts 1 and 2. Carlos Ibarra (5) counts 1, 2 and 3. Arlen Irias (6) counts 1 and 4. (LOE)
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AO 257 to18 Indictment, as to Kevin Zuniga. (LOE)
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AO 257 to18 Indictment, as to Brandon Alvarez. (LOE)
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AO 257 to18 Indictment, as to Alexander Cintron. (LOE)
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AO 257 to18 Indictment, as to Carlos Ibarra. (LOE)
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AO 257 to18 Indictment, as to Arlen Irias. (LOE)
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AO 257 to18 Indictment, as to Erik Zuniga-Manzo. (LOE)
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| 29 | 29
MINUTES OF PROCEEDINGS - Grand Jury Return as to Kevin Zuniga held on 6/14/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: Ari Caytuero ; AUSA: Melanee Smith ; Court Reporter/Recorder: Natasha Bachman ; Time of Hearing: 11:59 a.m. - 12:02 p.m. ; Courtroom: 3C ; Defendant is in custody. Arraignment/Plea set for 6/15/2022 at 03:00 PM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. (Copies have been distributed pursuant to the NEF - LOE)
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| 30 | 30
MINUTES OF PROCEEDINGS - Grand Jury Return as to Brandon Alvarez held on 6/14/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: Ari Caytuero ; AUSA: Melanee Smith ; Court Reporter/Recorder: Natasha Bachman ; Time of Hearing: 11:59 a.m. - 12:02 p.m. ; Courtroom: 3C ; Defendant is in custody. Arraignment/Plea set for 6/14/2022 at 03:00 PM in LV Courtroom 3C before Magistrate Judge Nancy J. Koppe. (Copies have been distributed pursuant to the NEF - LOE)
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MINUTES OF PROCEEDINGS - Grand Jury Return as to Erik Zuniga-Manzo held on 6/14/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: Ari Caytuero ; AUSA: Melanee Smith ; Court Reporter/Recorder: Natasha Bachman ; Time of Hearing: 11:59 a.m. - 12:02 p.m. ; Courtroom: 3C ; Summons to issue. Arraignment/Plea set for 6/21/2022 at 01:00 PM in LV Courtroom 3D before Magistrate Judge Elayna J. Youchah. (Copies have been distributed pursuant to the NEF - LOE)
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| 32 | 32
MINUTES OF PROCEEDINGS - Grand Jury Return as to Alexander Cintron held on 6/14/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: Ari Caytuero ; AUSA: Melanee Smith ; Court Reporter/Recorder: Natasha Bachman ; Time of Hearing: 11:59 a.m. - 12:02 p.m. ; Courtroom: 3C ; Warrant to issue. (Copies have been distributed pursuant to the NEF - LOE)
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| 33 | 33
MINUTES OF PROCEEDINGS - Grand Jury Return as to Carlos Ibarra held on 6/14/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: Ari Caytuero ; AUSA: Melanee Smith ; Court Reporter/Recorder: Natasha Bachman ; Time of Hearing: 11:59 a.m. - 12:02 p.m. ; Courtroom: 3C ; Warrant to issue. (Copies have been distributed pursuant to the NEF - LOE)
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MINUTES OF PROCEEDINGS - Grand Jury Return as to Arlen Irias held on 6/14/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: Ari Caytuero ; AUSA: Melanee Smith ; Court Reporter/Recorder: Natasha Bachman ; Time of Hearing: 11:59 a.m. - 12:02 p.m. ; Courtroom: 3C ; Warrant to issue. (Copies have been distributed pursuant to the NEF - LOE)
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| 35 | 35 MINUTES OF PROCEEDINGS - Arraignment & Plea as to Brandon Alvarez held on 6/14/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero ; AUSA: Melanee Smith ; Def Counsel: Karen A. Connolly, CJA ; PTS: Jessica Favela ; Court Reporter/Recorder: Liberty/ CRD ; Recording start and end times: 3:10:35 - 3:13:56 ; Time of Hearing: 3:10 PM - 3:13 PM ; Courtroom: 3C ; Defendant is present and in custody with counsel. Defendant is in no restraints during this court proceeding. Defendant is advised of his rights/ charges. Defendant is arraigned on the Indictment. Defendant waives reading of the Indictment and pleads NOT GUILTY to Counts One, Four, Five, and Six. Order regarding Pretrial Procedure is entered and will be served on counsel via CMECF. The U.S. Probation Office is directed to prepare a report detailing the defendant's criminal history, if any. The Court will proceed with the continued detention hearing. Calendar Call is set for Tuesday, August 16, 2022, at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Jury Trial is set for Monday, August 22, 2022, at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. (no image attached) (Copies have been distributed pursuant to the NEF - AC) | |
| 36 | 36 MINUTES OF PROCEEDINGS - Detention Hearing as to Brandon Alvarez held on 6/14/2022 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero ; AUSA: Melanee Smith ; Def Counsel: Karen A. Connolly, CJA ; PTS: Jessica Favela ; Court Reporter/Recorder: Liberty/ CRD ; Recording start and end times: 3:13:56 - 3:43:05 ; Time of Hearing: 3:13 PM - 3:43 PM ; Courtroom: 3C ; Defendant is present and in custody with counsel. Defendant is in no restraints during this court proceeding. The Court makes preliminary statements and hears the representations of counsel as to detention in this case. Government renews its motion for detention. Detention hearing proceeds. IT IS ORDERED that the Defendant is detained and is remanded to custody pending trial. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - AC) | |
| 37 | 37
ORDER REGARDING PRETRIAL PROCEDURE as to Brandon Alvarez. Responses to motions to be filed and served within 14 calendar days from the date of service of the motion, and reply brief to be served within 7 calendar days from the date of service of the response. Motions due by 7/14/2022. Signed by Magistrate Judge Nancy J. Koppe on 06/14/2022. (Copies have been distributed pursuant to the NEF - LOE)
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