USA v. Cortes
| Illinois Northern District Court | |
| Case #: | 1:22-cr-00471 |
| Case Filed: | Oct 19, 2022 |
| Last checked: Saturday Oct 22, 2022 2:50 AM CDT |
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Defendant
David Cortes (1)
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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: 10/22/2022 3:18 AM CDT |
| Thursday, September 22, 2022 | ||
| ARREST of defendant David Cortes (daj, ) | ||
| Friday, September 23, 2022 | ||
| ORAL MOTION by USA for detention hearing proffering that such hearing must be held pursuant to 18 U.S.C. § 3142(f)(1)(E).(daj, ) | ||
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COMPLAINT signed by Honorable Gabriel A. Fuentes as to David Cortes (1) (daj, )
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ORDER: Initial Appearance held in person. Pretrial Services appears telephonically. Defendant David Cortes appears in response to an arrest on 9/22/22. Defendant advised of charges and informed of his rights and of prosecutorial obligations per Rule 5(d) and (f). The Court enters the appearance of Pablo De Castro as counsel for defendant and appoints Mr. De Castro as defense counsel under the Criminal Justice Act upon review of the tendered financial affidavit. The Government orally moves for a detention hearing, proffering that such hearing must be held pursuant to 18 U.S.C. § 3142(f)(1)(E). Based on the Government's proffer and without objection, the Court finds that the detention hearing must be held. The matter is set for an in-person detention and a status on preliminary examination hearing before Magistrate Judge Fuentes at 2:00 p.m. in Courtroom #1838. Pursuant to Federal Rule of Criminal Procedure Rule 5(f)(1), the Court confirms the prosecutor's continuing obligation under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, to disclose information favorable to the Defendant that is material to guilt or punishment. Failure to disclose may result in various consequences, including but not limited to exclusion of evidence, adverse jury instructions, a mistrial, dismissal of charges, vacatur of a conviction or guilty plea, disciplinary action against the prosecution, and contempt proceedings. Defendant is hereby remanded into the custody of the U.S. Marshals. Defendant shall remain in federal custody until further order of the Court, pending the detention and status on preliminary examination hearings. Signed by the Honorable Gabriel A. Fuentes on 09/23/2022. Mailed notice (daj, )
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FINANCIAL Affidavit filed by David Cortes (SEALED) (daj, )
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CJA ORDER Appointing Counsel Pablo deCastro under the Criminal Justice Act. Signed by the Honorable Gabriel A. Fuentes on 09/23/2022. Mailed notice (daj, )
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ATTORNEY Appearance for defendant David Cortes by Pablo F deCastro (daj, )
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| Monday, September 26, 2022 | ||
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PRETRIAL Bail Report as to David Cortes (SEALED) (Chapman, Kathryn)
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| Tuesday, September 27, 2022 | ||
| ORAL MOTION by USA to detain defendant David Cortes. (daj, ) | ||
| ORAL MOTION by David Cortes to continue the detention hearing. (daj, ) | ||
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ORDER: Detention and status on preliminary examination hearings held on 9/27/22. All counsel and defendant appear in person. Pretrial Services' Officer Kathryn Chapman appears telephonically. The AT&T telephone conference line was further made available to members of the public for listening purposes. Defendant waives preliminary examination. The Court enters a finding of probable cause and orders Defendant bound to the District Court for further proceedings. For the reasons stated on the record and based on the Court's findings, the Government's oral motion to detain the defendant is granted. The Court finds that the Government met its burden of showing by clear and convincing evidence that no set of conditions will reasonably assure the safety of the community. The Court does not make any finding as to whether the Government met its burden on the risk of nonappearance before the Court as required. For the reasons stated on the record, Defendant's oral motion to continue the detention hearing is denied. Enter Order of Detention. Defense counsel further reports that Defendant has a mental health condition for which he requires mental health treatment, that his mental condition is a serious medical need, and that he may be having suicidal ideations. As stated on the record, the Court requests that the U.S. Marshals' Service and/or the U.S. Bureau of Prisons provide Defendant with medical evaluation and treatment as they deem necessary in view of Defense counsel's information. Defendant shall remain in federal custody until further order of the Court. Signed by the Honorable Gabriel A. Fuentes on 09/27/2022. Mailed notice (daj, )
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ORDER OF DETENTION PENDING TRIAL as to David Cortes. Signed by the Honorable Gabriel A. Fuentes on 09/27/2022. Mailed notice (daj, )
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| Wednesday, September 28, 2022 | ||
| EMAILED copy of orders7 ,8 to the U.S. Marshall Office. (daj, ) | ||
| Wednesday, October 19, 2022 | ||
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INDICTMENT as to David Cortes (1) count(s) 1, 2-3 (daj, )
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DESIGNATION Sheet: FELONY (Category 2). (daj, )
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| 12 | 12 MINUTE entry before the Honorable Jeffrey Cummings:as to David Cortes; Detention order previously issued by Magistrate Judge to stand in this instance. Mailed notice (daj, ) | |