USA v. Carlisle et al
| Texas Northern District Court | |
| Case #: | 2:23-cr-00069 |
| Case Filed: | Aug 24, 2023 |
| Last checked: Sunday Aug 27, 2023 2:49 AM CDT |
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Defendant
Julian Gabriel Apodaca (4)
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Defendant
Gary Eugene Carlisle (1)
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Represented By
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Defendant
Rebecca Ann Schmitkons (3)
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Represented By
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Defendant
Robert Tucker Witt (2)
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Represented By
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Plaintiff
USA
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Represented By
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GPO
Jan 03 2024
Report and Recommendation on Guilty Plea as to Robert Tucker Witt. Re: 195 Consent Regarding Entry of a Plea of Guilty (Ordered by Magistrate Judge Lee Ann Reno on 1/3/2024) (mcrd) |
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GPO
Jan 22 2024
ORDER ADOPTING REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY Re: 200 Report and Recommendation on Guilty Plea as to Robert Tucker Witt. (Ordered by Judge Matthew J. Kacsmaryk on 1/22/2024) (awc) |
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GPO
Jan 29 2024
Report and Recommendation on Guilty Plea as to Lucas Paul Blanke. Re: 205 Consent Regarding Entry of a Plea of Guilty (Ordered by Magistrate Judge Lee Ann Reno on 1/29/2024) (mcrd) |
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GPO
Feb 13 2024
ORDER ADOPTING REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY Re: 218 Report and Recommendation on Guilty Plea as to Lucas Paul Blanke. (Ordered by Judge Matthew J. Kacsmaryk on 2/13/2024) (awc) |
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GPO
Feb 13 2024
ORDER ADOPTING REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY Re: 218 Report and Recommendation on Guilty Plea as to Lucas Paul Blanke. (Ordered by Judge Matthew J. Kacsmaryk on 2/13/2024) (awc) |
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GPO
Feb 16 2024
ORDER ADOPTING REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY Re: 223 Report and Recommendation on Guilty Plea as to Julian Gabriel Apodaca. (Ordered by Judge Matthew J. Kacsmaryk on 2/16/2024) (awc) |
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GPO
Feb 16 2024
ORDER ADOPTING REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY Re: 223 Report and Recommendation on Guilty Plea as to Julian Gabriel Apodaca. (Ordered by Judge Matthew J. Kacsmaryk on 2/16/2024) (awc) |
| Docket last updated: 08/27/2023 3:27 AM CDT |
| Friday, July 28, 2023 | ||
| 1 | 1
SEALED COMPLAINT (Clerk note: This case is to remain sealed until the defendant has been arrested/appeared.) as to Robert Tucker Witt (1), Rebecca Ann Schmitkons (2). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (mcrd) [2:23-mj-00111-BR]
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| 4 | 4
MOTION for Pretrial Detention and MOTION to Continue filed by USA as to Robert Tucker Witt. (mcrd) [2:23-mj-00111-BR]
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| 5 | 5
MOTION for Pretrial Detention and MOTION to Continue filed by USA as to Rebecca Ann Schmitkons. (mcrd) [2:23-mj-00111-BR]
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| 6 | 6
(Document Restricted) APPLICATION FOR WRIT OF HABEAS CORPUS, ORDER, AND WRIT ISSUED as to Robert Tucker Witt. Person subject to writ must appear INSTANTER. Issued Writ of Habeas Corpus Ad Prosequendum. Copy of writ emailed to USMS. (Ordered by Magistrate Judge Lee Ann Reno on 7/28/2023) (mcrd) [2:23-mj-00111-BR]
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| 7 | 7
(Document Restricted) APPLICATION FOR WRIT OF HABEAS CORPUS, ORDER, AND WRIT ISSUED as to Rebecca Ann Schmitkons. Person subject to writ must appear INSTANTER. Issued Writ of Habeas Corpus Ad Prosequendum. Copy of writ emailed to USMS. (Ordered by Magistrate Judge Lee Ann Reno on 7/28/2023) (mcrd) [2:23-mj-00111-BR]
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| Wednesday, August 09, 2023 | ||
| 8 | 8 ELECTRONIC ORDER as to Robert Tucker Witt, Rebecca Ann Schmitkons: Initial Appearance set for 8/11/2023 09:30 AM in US Courthouse, Courtroom 2nd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. (Ordered by Magistrate Judge Lee Ann Reno on 8/9/2023) (mcrd) [2:23-mj-00111-BR] | |
| Thursday, August 10, 2023 | ||
| 1 | 1
SEALED COMPLAINT (Clerk note: This case is to remain sealed until the defendant has been arrested/appeared.) as to Gary Eugene Carlisle (1). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (mcrd) [2:23-mj-00115-BR]
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| 3 | 3
MOTION for Pretrial Detention and MOTION to Continue filed by USA as to Gary Eugene Carlisle. (mcrd) [2:23-mj-00115-BR]
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| 4 | 4 ELECTRONIC ORDER as to Gary Eugene Carlisle: Initial Appearance set for 8/11/2023 09:30 AM in US Courthouse, Courtroom 2nd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. (Ordered by Magistrate Judge Lee Ann Reno on 8/10/2023) (mcrd) [2:23-mj-00115-BR] | |
| Friday, August 11, 2023 | ||
| 5 | 5 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Lee Ann Reno: Initial Appearance as to Gary Eugene Carlisle held on 8/11/2023. Date of Arrest: 8/11/2023. Deft first appearance. Deft advised of rights/charge. Deft appeared without counsel. Deft requested appointed counsel. Financial affidavit executed. Counsel appointed. Deft remanded to custody. Attorney Appearances: AUSA - Joshua Jerome Frausto-DOJ; Defense - None. (No exhibits) Time in Court - 0:11. (Court Reporter: Digital File) (USPO Lopez.) (mcrd) [2:23-mj-00115-BR] | |
| 6 | 6
(Document Restricted) CJA 23 Financial Affidavit by Gary Eugene Carlisle. (mcrd) [2:23-mj-00115-BR]
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| 7 | 7
ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Gary Eugene Carlisle. Cristy J McElroy-FPD, Eric Coats-FPD, Felipe Zavala-FPD for Gary Eugene Carlisle appointed. (Ordered by Magistrate Judge Lee Ann Reno on 8/11/2023) (mcrd) [2:23-mj-00115-BR]
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| 8 | 8
ORDER ON INITIAL APPEARANCE as to Gary Eugene Carlisle. (Ordered by Magistrate Judge Lee Ann Reno on 8/11/2023) (mcrd) [2:23-mj-00115-BR]
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ORDER SETTING DETENTION HEARING AND ORDER OF TEMPORARY DETENTION PURSUANT TO BAIL REFORM ACT as to Gary Eugene Carlisle (1): Preliminary Examination and Detention Hearing set for 8/15/2023 10:00 AM in US Courthouse, Courtroom 2nd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. re:3 Motion to Continue (Ordered by Magistrate Judge Lee Ann Reno on 8/11/2023) (mcrd) [2:23-mj-00115-BR]
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| 9 | 9 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Lee Ann Reno: Initial Appearance as to Robert Tucker Witt held on 8/11/2023. Date of Arrest: 8/11/2023. Deft first appearance. Deft advised of rights/charge. Deft appeared without counsel. Deft requested appointed counsel. Financial affidavit executed. Counsel appointed. Deft remanded to custody. Attorney Appearances: AUSA - Joshua Jerome Frausto-DOJ; Defense - None. (No exhibits) Time in Court - 0:10. (Court Reporter: Digital File) (USPO Lopez.) (mcrd) [2:23-mj-00111-BR] | |
| 10 | 10 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Lee Ann Reno: Initial Appearance as to Rebecca Ann Schmitkons held on 8/11/2023. Date of Arrest: 8/11/2023. Deft first appearance. Deft advised of rights/charge. Deft appeared without counsel. Deft requested appointed counsel. Financial affidavit executed. Counsel appointed. Deft remanded to custody. Attorney Appearances: AUSA - Joshua Jerome Frausto-DOJ; Defense - None. (No exhibits) Time in Court - 0:10. (Court Reporter: Digital File) (USPO Lopez.) (mcrd) [2:23-mj-00111-BR] | |
| 11 | 11
(Document Restricted) CJA 23 Financial Affidavit by Robert Tucker Witt. (mcrd) [2:23-mj-00111-BR]
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| 12 | 12
CJA 20 Order appointing attorney. Attorney James B Johnston for Robert Tucker Witt appointed. This appointment continues through any appeal unless counsel is relieved by court order for good cause shown - See Miscellaneous Order 3 Criminal Justice Act Plan. Counsel must file the[LINK:Entry of Appearance of Counsel] as soon as possible. Within one week, the court will contact you via email and provide a link to the eVoucher System. Any work done on an appeal must be billed per circuit instructions. For questions, consult the[LINK:CJA Attorney Information] page or use the[LINK:directory] to contact the courtroom deputy of the appointing judge. Copies of public documents filed prior to this appointment may be obtained via PACER. (Ordered by Magistrate Judge Lee Ann Reno on 8/11/2023) (mcrd) [2:23-mj-00111-BR]
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| 13 | 13
ORDER ON INITIAL APPEARANCE as to Robert Tucker Witt. (Ordered by Magistrate Judge Lee Ann Reno on 8/11/2023) (mcrd) [2:23-mj-00111-BR]
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| 14 | 14
ORDER SETTING DETENTION HEARING AND ORDER OF TEMPORARY DETENTION PURSUANT TO BAIL REFORM ACT as to Robert Tucker Witt (1): Preliminary Examination and Detention Hearing set for 8/21/2023 01:30 PM in US Courthouse, Courtroom 2nd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. re:4 Motion to Continue (Ordered by Magistrate Judge Lee Ann Reno on 8/11/2023) (mcrd) [2:23-mj-00111-BR]
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| 15 | 15
(Document Restricted) CJA 23 Financial Affidavit by Rebecca Ann Schmitkons. (mcrd) [2:23-mj-00111-BR]
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CJA 20 Order appointing attorney. Attorney Justin Kiechler for Rebecca Ann Schmitkons appointed. This appointment continues through any appeal unless counsel is relieved by court order for good cause shown - See Miscellaneous Order 3 Criminal Justice Act Plan. Counsel must file the[LINK:Entry of Appearance of Counsel] as soon as possible. Within one week, the court will contact you via email and provide a link to the eVoucher System. Any work done on an appeal must be billed per circuit instructions. For questions, consult the[LINK:CJA Attorney Information] page or use the[LINK:directory] to contact the courtroom deputy of the appointing judge. Copies of public documents filed prior to this appointment may be obtained via PACER. (Ordered by Magistrate Judge Lee Ann Reno on 8/11/2023) (mcrd) [2:23-mj-00111-BR]
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| 17 | 17
ORDER ON INITIAL APPEARANCE as to Rebecca Ann Schmitkons. (Ordered by Magistrate Judge Lee Ann Reno on 8/11/2023) (mcrd) [2:23-mj-00111-BR]
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| 18 | 18
ORDER SETTING DETENTION HEARING AND ORDER OF TEMPORARY DETENTION PURSUANT TO BAIL REFORM ACT as to Rebecca Ann Schmitkons (2): Preliminary Examination and Detention Hearing set for 8/21/2023 01:30 PM in US Courthouse, Courtroom 2nd Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Magistrate Judge Lee Ann Reno. re:5 Motion to Continue (Ordered by Magistrate Judge Lee Ann Reno on 8/11/2023) (mcrd) [2:23-mj-00111-BR]
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| Tuesday, August 15, 2023 | ||
| 11 | 11 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Lee Ann Reno: Preliminary Examination as to Gary Eugene Carlisle held on 8/15/2023 and Detention Hearing as to Gary Eugene Carlisle held on 8/15/2023. The judge issued the oral order required by Fed. R. Crim. P. 5(f)(1). Witness sworn and testimony heard. Proffers and arguments heard. Court takes matters under advisement. Deft remanded to custody. Attorney Appearances: AUSA - Anna Marie Bell-DOJ; Defense - Cristy J McElroy-FPD. (No exhibits) Time in Court - 0:35. (Court Reporter: Digital File) (USPO Lopez.) (mcrd) [2:23-mj-00115-BR] | |
| 12 | 12
Court's Witness List from Preliminary Examination and Detention Hearing held 8/15/2023 as to Gary Eugene Carlisle. (mcrd) [2:23-mj-00115-BR]
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| 13 | 13 ELECTRONIC ORDER As to Gary Eugene Carlisle: by this order -- issued to the prosecution and defense counsel -- the court confirms the disclosure obligation of the prosecutor under Brady v. Maryland , 373 U.S. 83 (1963), and its progeny, and the possible consequences of violating such order under applicable law. This written order is entered pursuant to Rule 5(f)(1) of the Federal Rules of Criminal Procedure, and is in addition to the oral order entered by the court on the first scheduled court date when both the prosecutor and defense counsel are present. (Ordered by Magistrate Judge Lee Ann Reno on 8/15/2023) (mcrd) [2:23-mj-00115-BR] | |
| 14 | 14
ORDER ON PRELIMINARY EXAMINATION AND DETENTION HEARING as to Gary Eugene Carlisle (1): After consideration of the testimony, proffers, and arguments presented at the hearing, the Court finds the defendant failed to rebut the presumption of flight and danger. The government's Motion for Pretrial Detention is GRANTED. The Court finds there is probable cause to believe defendant committed the offense as charged in the Complaint, and this case is Ordered bound over for presentation to the Grand Jury. re:3 Motion for Detention (Ordered by Magistrate Judge Lee Ann Reno on 8/15/2023) (mcrd) [2:23-mj-00115-BR]
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| Friday, August 18, 2023 | ||
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NOTICE OF ATTORNEY APPEARANCE by Justin Kiechler (Clerk to Set Designation as: CJA Appointment) appearing for Rebecca Ann Schmitkons (Filer confirms contact info in ECF is current.) (Counsel is served with a copy of the[LINK:General Order Regarding the Use of Interpreters in Criminal Cases Filed in the Amarillo Division.] Clerk to mail a copy to any attorney who does not receive electronic notice of this entry.) (If sealed documents that you are authorized to see were previously filed by U.S. Pretrial Services or U.S. Probation, you will require assistance to gain access to them and any related filings. Please call the clerk at 214.753.2240 during business hours to request access.) (Kiechler, Justin) [2:23-mj-00111-BR]
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| 22 | 22
WAIVER of Preliminary Examination and Detention Hearing by Rebecca Ann Schmitkons (Kiechler, Justin) Modified title on 8/21/2023 (daa). [2:23-mj-00111-BR]
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| 23 | 23
ORDER VACATING PRELIMINARY EXAMINATION AND DETENTION HEARING AND GRANTING MOTION FOR PRETRIAL DETENTION as to Rebecca Ann Schmitkons (2): Based upon the defendant's waiver of such hearings, the Preliminary Examination and Detention Hearing, scheduled for August 21, 2023, are hereby VACATED. This case is ordered bound over for presentation to the Grand Jury. Based on the waiver, the government's Motion for Pretrial Detention is hereby GRANTED. re:5 Motion for Detention (Ordered by Magistrate Judge Lee Ann Reno on 8/18/2023) (mcrd) [2:23-mj-00111-BR]
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| 25 | 25
Acceptance of Court-Appointed Counsel and Assertion of Fifth and Sixth Amendment Rights by Robert Tucker Witt. (Johnston, James) [2:23-mj-00111-BR]
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| 26 | 26
WAIVER of Detention Hearing by Robert Tucker Witt, WAIVER of Preliminary Hearing by Robert Tucker Witt (Johnston, James) [2:23-mj-00111-BR]
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| 27 | 27
ORDER VACATING PRELIMINARY EXAMINATION AND DETENTION HEARING AND GRANTING MOTION FOR PRETRIAL DETENTION as to Robert Tucker Witt (1): Based upon the defendant's waiver of such hearings, the Preliminary Examination and Detention Hearing, scheduled for August 21, 2023, are hereby VACATED. This case is ordered bound over for presentation to the Grand Jury. Based on the waiver, the government's Motion for Pretrial Detention is hereby GRANTED. re:4 Motion for Detention (Ordered by Magistrate Judge Lee Ann Reno on 8/18/2023) (mcrd) [2:23-mj-00111-BR]
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| Thursday, August 24, 2023 | ||
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INDICTMENT as to Gary Eugene Carlisle (1) count(s) 1, 3, Robert Tucker Witt (2) count(s) 1, 2, Rebecca Ann Schmitkons (3) count(s) 1, 2, Julian Gabriel Apodaca (4) count(s) 1, 4. (With Forfeiture Notice) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (awc)
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| 31 | 31
(Document Restricted) APPLICATION FOR WRIT OF HABEAS CORPUS, ORDER, AND WRIT ISSUED as to Julian Gabriel Apodaca. Person subject to writ must appear INSTANTER. Issued Writ of Habeas Corpus Ad Prosequendum. Document access limited to the USA and the applicable defendant. (Writ emailed to USMS.) (Ordered by Magistrate Judge Lee Ann Reno on 8/24/2023) (awc)
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| 32 | 32
MOTION to Continue , MOTION for Pre-Trial Detention () filed by USA as to Julian Gabriel Apodaca (Bell-DOJ, Anna Marie)
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