USA v. Gutierrez et al.
| California Southern District Court | |
| Case #: | 3:23-cr-00617 |
| Case Filed: | Apr 05, 2023 |
| Last checked: Friday May 05, 2023 12:30 AM PDT |
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Defendant
Esteban Galvan (2)
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Represented By
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Defendant
Miguel Alejandro Garcia Alvarez (3)
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Represented By
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Defendant
Mario Angel Gutierrez (1)
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Represented By
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Plaintiff
USA
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Represented By
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GPO
Oct 04 2023
JUDGMENT as to Miguel Alejandro Garcia Alvarez (3). Dft committed to the BOP for a term of Count 1: 10 months and Count 2: 10 months to run concurrent to each other for a total of 10 months, supervised release for Count 1 and Count 2: 3 years each count to run concurrent to each other for a total of 3 years, no fine, assessment $200 ($100 each count), restitution $18,000. Signed by Judge Cynthia Bashant (sxm) |
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GPO
May 20 2024
ORDER of Restitution as to Heriberto Galvan. Signed by Judge Cynthia Bashant on 05/20/2024. (mjw) |
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GPO
May 22 2024
JUDGMENT as to Heriberto Galvan (4). Dft committed to the BOP for a term of Count 1: 18 months and Count 2: 18 months to run concurrent to each other for a total of 18 months and to any sentence imposed in 23CR1291-TWR, supervised release for Count 1: 3 years and Count 2: 3 years each count to run concurrent to each other for a total of 3 years and to any supervised release in 23CR1291-TWR, no fine, assessment $200 ($100 each count), Restitution $18,000. Signed by Judge Cynthia Bashant (sxm) (Main Document 134 replaced on 5/22/2024) (sxm). |
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GPO
Aug 26 2024
ORDER of Restitution as to Esteban Galvan. Signed by Judge Cynthia Bashant on 08/26/2024. (mjw) |
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GPO
Aug 26 2024
ORDER of Restitution as to Mario Angel Gutierrez. Signed by Judge Cynthia Bashant on 08/26/2024. (mjw) |
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GPO
Aug 29 2024
JUDGMENT as to Mario Angel Gutierrez (1). Dft given probation for a term of Count 1: 1 year and Count 2: 1 year each count concurrent, no fine, assessment $200 ($100 each count), restitution $18,000. Signed by Judge Cynthia Bashant (sxm) |
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GPO
Aug 29 2024
JUDGMENT as to Esteban Galvan (2). Dft committed to the BOP for a term of Count 1: 10 months and Count 2: 10 months each count to run concurrent to each other for a total of 10 months, supervised release for Count 1: 1 year and Count 2: 1 year each count to run concurrent for a total of 1 year, no fine, assessment $200 ($100 each count), Restitution $18,000. Signed by Judge Cynthia Bashant (sxm) |
| Docket last updated: 05/05/2023 2:37 AM PDT |
| Monday, March 13, 2023 | ||
| Arrest of Mario Angel Gutierrez, Esteban Galvan, Miguel Alejandro Garcia Alvarez (no document attached) (cdw) [3:23-mj-00889-JLB] | ||
| 1 | 1
COMPLAINT (t/w Warrant) as to Mario Angel Gutierrez (1), Esteban Galvan (2), Miguel Alejandro Garcia Alvarez (3). (cc: AUSA/USM) (bas1) (Main Document 1 replaced on 3/15/2023) (ddf). [3:23-mj-00889-JLB]
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| 2 | 2
Order to Seal Case as to Mario Angel Gutierrez, Esteban Galvan, Miguel Alejandro Garcia Alvarez.. Signed by Magistrate Judge Allison H. Goddard on 03/02/23. (cc: AUSA/USM) (bas1) [3:23-mj-00889-JLB]
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| 20 | 20
Arrest Warrant Returned Executed on 3/13/2023, in case as to Esteban Galvan (ddf) [3:23-mj-00889-JLB-BAS]
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| Tuesday, March 14, 2023 | ||
| 6 | 6 Set/Reset Duty Hearings as to Mario Angel Gutierrez, Esteban Galvan, Miguel Alejandro Garcia Alvarez: Initial Appearance set for 3/14/2023 before Magistrate Judge Jill L. Burkhardt. (no document attached) (cdw) [3:23-mj-00889-JLB] | |
| 7 | 7 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Government oral motion to unseal the case is granted. Initial Appearance as to Mario Angel Gutierrez(1), Esteban Galvan(2), Miguel Alejandro Garcia Alvarez (3) held on 3/14/2023. Appointed Attorney Antonio F. Yoon (n/a) for Mario Angel Gutierrez (1); Douglas C. Brown(n/a) provisionally appointed for Esteban Galvan (2) for detention hearing only, defendant will retain his own attorney; Attorney James Michael Chavez(n/a) appointed for Miguel Alejandro Garcia Alvarez(3). Government oral motion to detain (Flight) as to Mario Angel Gutierrez(1), Esteban Galvan(2), Miguel Alejandro Garcia Alvarez (3). ( Detention Hearing - RF set for 3/17/2023 10:00 AM before Magistrate Judge Jill L. Burkhardt.) Rule 5 advisement provided. ( Preliminary Hearing set for 3/28/23 at 9:00am before Magistrate Judge Jill L. Burkhardt. Arraignment set for 4/11/23 at 9:00am before Magistrate Judge Jill L. Burkhardt.) Judge update in case as to Mario Angel Gutierrez, Esteban Galvan, Miguel Alejandro Garcia Alvarez. Magistrate Judge Jill L. Burkhardt added to the case. Magistrate Judge Allison H. Goddard is no longer assigned to case and Magistrate Judge Jill L. Burkhardt is now assigned to the case. The new case number is 23MJ0889-JLB. (Sealed Clerk Notified) (Interpreter Salvador Castellanos). (CD# 3/14/2023 JLB 23-1:2:58-3:18). (Plaintiff Attorney Bianca Calderon AUSA). (Defendant Attorney Emily Child FD-S/A). (aje) [3:23-mj-00889-JLB] | |
| 8 | 8 ***English. No Interpreter needed as to Mario Angel Gutierrez, Esteban Galvan (no document attached) (aje) [3:23-mj-00889-JLB] | |
| 9 | 9 ***Spanish Interpreter needed as to Miguel Alejandro Garcia Alvarez (no document attached) (aje) [3:23-mj-00889-JLB] | |
| 10 | 10 Oral MOTION to Detain (Flight) by USA as to Mario Angel Gutierrez. (no document attached) (aje) [3:23-mj-00889-JLB] | |
| 11 | 11 Oral MOTION to Detain(Flight) by USA as to Esteban Galvan. (no document attached) (aje) [3:23-mj-00889-JLB-BAS] | |
| 12 | 12 Oral MOTION to Detain (Flight) by USA as to Miguel Alejandro Garcia Alvarez. (no document attached) (aje) [3:23-mj-00889-JLB] | |
| 15 | 15
ORDER as to Mario Angel Gutierrez: 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 Jill L. Burkhardt on 3/14/23. (aje) [3:23-mj-00889-JLB]
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| 16 | 16
ORDER as to Esteban Galvan: 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 Jill L. Burkhardt on 3/14/23. (aje) [3:23-mj-00889-JLB-BAS]
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ORDER as to Miguel Alejandro Garcia Alvarez: 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 Jill L. Burkhardt on 3/14/23. (aje) [3:23-mj-00889-JLB]
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| 18 | 18
CJA 23 Financial Affidavit by Miguel Alejandro Garcia Alvarez (cxl) [3:23-mj-00889-JLB]
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| 19 | 19
CJA 23 Financial Affidavit by Mario Angel Gutierrez (cxl) [3:23-mj-00889-JLB]
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| Wednesday, March 15, 2023 | ||
| 13 | 13
NOTICE OF ATTORNEY APPEARANCE Bianca Calderon-Penaloza appearing for USA. Lead Counsel (Calderon-Penaloza, Bianca)Attorney Bianca Calderon-Penaloza added to party USA(pty:pla) (dim). [3:23-mj-00889-JLB]
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| 14 | 14
NOTICE OF ATTORNEY APPEARANCE Michael G Wheat appearing for USA. Co-Counsel (Wheat, Michael)Attorney Michael G Wheat added to party USA(pty:pla) (dim). [3:23-mj-00889-JLB]
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| Thursday, March 16, 2023 | ||
| 21 | 21
Arrest Warrant Returned Executed on 3/13/2022, in case as to Miguel Alejandro Garcia Alvarez (ddf) [3:23-mj-00889-JLB]
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| Friday, March 17, 2023 | ||
| 22 | 22
ORDER OF DETENTION as to Miguel Alejandro Garcia Alvarez. Signed by Magistrate Judge Jill L. Burkhardt on 3/17/2023. (cxl) [3:23-mj-00889-JLB]
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| 23 | 23 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Detention Hearing Continued as to Esteban Galvan. Defense oral motion to continue hearing granted. Detention Hearing - RF continued to 3/21/2023 9:00 AM before Magistrate Judge Jill L. Burkhardt. (CD# 3/17/2023 JLB 23: 10:07-10:14). (Plaintiff Attorney Jeffreyy Pierce, AUSA S/A). (Defendant Attorney Stephen White, RET). (no document attached) (als) [3:23-mj-00889-JLB-BAS] | |
| 24 | 24 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Detention Hearing as to Mario Angel Gutierrez held on 3/17/2023. 10 Motion to Detain as to Mario Angel Gutierrez (1); USA oral motion for detention - Moot. Defendant stipulates to detention and is ordered detained without prejudice. Defense oral motion to continue Preliminary Hearing - Granted. Preliminary Hearing continued to 4/11/2023 09:00 AM before Magistrate Judge Jill L. Burkhardt. (CD# 3/17/2023 JLB 23: 10:07-10:13). (Plaintiff Attorney Bianca Calderon-Penaloza, AUSA). (Defendant Attorney John Kelly, RET). (no document attached) (als) [3:23-mj-00889-JLB] | |
| 25 | 25 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Detention Hearing as to Miguel Alejandro Garcia Alvarez held on 3/17/2023. 12 Motion to Detain as to Miguel Alejandro Garcia Alvarez (3); USA oral motion for detention - Granted. Defendant ordered detained without prejudice. Order of detention to be filed by Court. Defense oral motion to continue Preliminary Hearing -Granted. Preliminary Hearing continued to 4/11/2023 09:00 AM before Magistrate Judge Jill L. Burkhardt. (Interpreter Mylene Green). (CD# 3/17/2023 JLB 23: 10:07-10:30). (Plaintiff Attorney Bianca Calderon-Penaloza, AUSA). (Defendant Attorney James Chavez, CJA). (no document attached) (als) [3:23-mj-00889-JLB] | |
| Tuesday, March 21, 2023 | ||
| 26 | 26
Motion to Stay Release Order Pending Appeal by USA (Calderon-Penaloza, Bianca) (mjw). Modified to correct event on 3/23/2023 (sjt). Modified on 3/23/2023 (jmo). [3:23-mj-00889-JLB-BAS]
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| 27 | 27
ORDER Setting Conditions of Release. Bond set for Esteban Galvan (2) $20,000 P/S secured by 1 FRRA and $1,000 cash deposit.. Signed by Magistrate Judge Jill L. Burkhardt on 3/21/2023. (cxl) [3:23-mj-00889-JLB-BAS]
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| 29 | 29 MINUTE ORDER OF JUDGE TRANSFER in case as to Esteban Galvan. Case reassigned to Judge Cynthia Bashant for all further proceedings. The new case number is 23MJ889-JLB-BAS. Motions referred to Cynthia Bashant.(no document attached) (sjt) [3:23-mj-00889-JLB-BAS] | |
| 32 | 32 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Detention Hearing as to Esteban Galvan held on 3/21/2023. 11 Motion to Detain as to Esteban Galvan (2); USA oral motion for detention - Denied. Bond set at $20,000 PS + 1 FRRA + $1,000 Cash Deposit. Defense oral motion to continue Preliminary Hearing - Granted. Preliminary Hearing continued to 4/11/2023 09:00 AM before Magistrate Judge Jill L. Burkhardt. (CD# 3/21/2023 JLB 23: 10:51-11:03). (Plaintiff Attorney Bianca Calderon-Penaloza, AUSA). (Defendant Attorney Stephen White, RET). (no document attached) (als) [3:23-mj-00889-JLB-BAS] | |
| Wednesday, March 22, 2023 | ||
| 28 | 28
ORDER OF DETENTION ON DEFENDANT'S WAIVER OF BAIL as to Mario Angel Gutierrez. Signed by Magistrate Judge Jill L. Burkhardt on 03/21/2023. (mjw) [3:23-mj-00889-JLB]
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| Thursday, March 23, 2023 | ||
| 30 | 30
Order Granting Motion to Stay Magistrate Judge's Release Order re:26 as to Esteban Galvan (2). Signed by Judge Cynthia Bashant on 3/23/23.(jmo) [3:23-mj-00889-JLB-BAS]
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| 31 | 31 NOTICE OF HEARING ON MOTION/APPEAL OF DETENTION ORDER in case as to Defendant Esteban Galvan (2). Motion Hearing set for 4/3/2023 02:30 PM in Courtroom 12B before Judge Cynthia Bashant. Government shall file appeal and transcript per Local Rule 46.1(d) by 3/29/2023.(no document attached) (sxm) [3:23-mj-00889-JLB-BAS] | |
| Monday, March 27, 2023 | ||
| 33 | 33
TRANSCRIPT ORDER - For hearing(s) on 03/21/2023 by USA (Calderon-Penaloza, Bianca) (jmo). [3:23-mj-00889-JLB]
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| Tuesday, March 28, 2023 | ||
| 34 | 34
MOTION to Revoke Release Order and Detain Defendant (D2) by USA as to Esteban Galvan.(Calderon-Penaloza, Bianca) (dim). [3:23-mj-00889-JLB-BAS]
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Att: 1
Exhibit Detention Hearing Transcript
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| Thursday, March 30, 2023 | ||
| 35 | 35
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Detention Hearing as to Esteban Galvan held on 3/21/2023, before Judge Jill L. Burkhardt. 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 4/20/2023. Redacted Transcript Deadline set for 5/1/2023. Release of Transcript Restriction set for 6/28/2023. (smy1)(jrd) [3:23-mj-00889-JLB-BAS]
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| Monday, April 03, 2023 | ||
| 36 | 36 Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing as to Esteban Galvan held on 4/3/2023. Denying34 Motion to Revoke Release Order and Detain Defendant Esteban Galvan (2). Bond set as to Esteban Galvan (2) $20,000 PS and modified + 2 FRRA + $2,000 Cash. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Bianca Calderon-Penaloza AUSA and Michael Wheat AUSA). (Defendant Attorney Stephen White CJA). (no document attached) (sxm) [3:23-mj-00889-JLB-BAS] | |
| Tuesday, April 04, 2023 | ||
| 37 | 37 NOTICE OF CHANGE OF HEARING *TIME AND JUDGE* as to Defendants Mario Angel Gutierrez, Esteban Galvan, Miguel Alejandro Garcia Alvarez. Arraignment set for 4/11/2023 09:30 AM before Magistrate Judge Allison H. Goddard. Preliminary Hearing set for 4/11/2023 09:30 AM before Magistrate Judge Allison H. Goddard. (als) [3:23-mj-00889-JLB] | |
| Wednesday, April 05, 2023 | ||
| 40 | 40
REDACTED INDICTMENT as to Mario Angel Gutierrez, Esteban Galvan, Miguel Alejandro Garcia Alvarez. (jmo)
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