USA v. Barnett-Munoz
| Arizona District Court | |
| Case #: | 4:23-cr-01443 |
| Case Filed: | Sep 20, 2023 |
| Last checked: Friday Oct 20, 2023 1:06 AM MST |
|
Defendant
Jarely Barnett-Munoz (1)
|
Represented By
|
|
Plaintiff
USA
|
Represented By
|
| TERMINATED PARTIES | |
|
Material Witness
Material Witness
Terminated: 09/20/2023
|
Represented By
|
| Docket last updated: 10/20/2023 3:08 AM MST |
| Sunday, August 27, 2023 | ||
| Arrest of Jarely Barnett-Munoz on 8/27/2023. (SIB) [4:23-mj-02029-N/A-LCK] | ||
| Monday, August 28, 2023 | ||
| 1 | 1
COMPLAINT as to Jarely Barnett-Munoz. (SIB) [4:23-mj-02029-N/A-LCK]
|
|
| 2 | 2
AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Jarely Barnett-Munoz signed by Magistrate Judge Bruce G Macdonald. (SIB) [4:23-mj-02029-N/A-LCK]
|
|
| Tuesday, August 29, 2023 | ||
| 4 | 4
MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Initial Appearance for Material Witness in case as to Jarely Barnett-Munoz held on 8/29/2023. Material Witness(es) are present and in custody. Chris Kilburn appointed as counsel for the material witnesses with appointment type CJA. Hearing held 1:20 pm to 1:25 pm.(BHA) [4:23-mj-02029-N/A-LCK]
|
|
| 5 | 5
NOTICE OF HEARING as to Jarely Barnett-Munoz. Material Witness Deposition set for 9/21/23 @ 8:30 am in the Grand Jury Room. (BHA) [4:23-mj-02029-N/A-LCK]
|
|
| 6 | 6 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Initial Appearance as to Jarely Barnett-Munoz held on 8/29/2023. FINANCIAL AFFIDAVIT TAKEN. Appointing Hugo Castorena Reyna for the defendant with Appointment Type: CJA. Defendant(s) state true name to be the same. Detention Hearing as to the defendant held on 8/29/2023. Defendant ordered/continued detained pending trial. Preliminary Hearing as to the defendant waived on 8/29/2023. Finding: Defendant held to answer before District Court. Interpreter required for the defendant (1) Spanish. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Michelle Chamblee, duty for the Government, CJA Attorney Hugo Reyna for defendant. Defendant is present and in custody. Spanish Interpreter Carlos Arvizu assists defendant. Hearing held 2:05 pm to 2:30 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) [4:23-mj-02029-N/A-LCK] | |
| 7 | 7 ORDER: 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). Ordered by Magistrate Judge Bruce G Macdonald.(BHA)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:23-mj-02029-N/A-LCK] | |
| 8 | 8
SEALED CJA 23 Financial Affidavit by Jarely Barnett-Munoz. (BHA) [4:23-mj-02029-N/A-LCK]
|
|
| Wednesday, August 30, 2023 | ||
| 9 | 9
ORDER OF DETENTION as to Jarely Barnett-Munoz. Signed by Magistrate Judge Bruce G Macdonald on 8/29/23.(BHA) [4:23-mj-02029-N/A-LCK]
|
|
| 10 | 10
MOTION for Hearing re: Status Conference by USA as to Jarely Barnett-Munoz. (Fenwick, Austin) [4:23-mj-02029-N/A-LCK]
|
|
| 11 | 11 ORDER granting in part and denying in part10 Motion for Hearing as to Jarely Barnett-Munoz (1). Status Conference set for 9/20/2023 at 09:40 AM in Courtroom 5F, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Lynnette C Kimmins. Attorneys are expected to meet and confer in good faith before the status conference and should be prepared to discuss whether the parties will be filing a stipulation to release material witnesses and vacate the depositions, or to confirm that the currently scheduled video depositions will be going forward. If the stipulation to release material witnesses is signed in advance, parties should file the stipulation prior to the status conference and the status hearing will be vacated; otherwise, both the AUSA and defense counsel shall be present in court with a physical copy of the release of material witnesses. If a release for material witnesses is executed and the defendant wishes to plead guilty, counsel is to contact chambers. Ordered by Magistrate Judge Lynnette C Kimmins. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(NB) [4:23-mj-02029-N/A-LCK] | |
| Tuesday, September 19, 2023 | ||
| 12 | 12
STIPULATION joint motion and stipulation for release of material witnesses by Jarely Barnett-Munoz. [4:23-mj-02029-N/A-LCK]
|
|
|
Att: 1
proposed order on stipulation and joint motion for release of material witnesses
|
||
| Wednesday, September 20, 2023 | ||
| 13 | 13 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Status Conference as to Jarely Barnett-Munoz held on 9/20/2023. The parties submit a stipulation to release material witnesses to the Court. Defendant consents to their attorney signing a court document on their behalf. The Court advises the defendant regarding the stipulation. The Court orders the material witness video depositions vacated. The Court further orders the material witnesses released. Formal order to follow. Appearances : AUSA Austin Fenwick for the Government, CJA Attorney Hugo Reyna for defendant, CJA Attorney Christopher Kilburn for material witnesses (material witnesses not present). Defendant is present and in custody. Spanish Interpreter Yvette Citizen assists defendant. Hearing held 9:52 am to 9:58 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) [4:23-mj-02029-N/A-LCK] | |
| 14 | 14
STIPULATION AND JOINT MOTION FOR RELEASE OF MATERIAL WITNESS WITHOUT TAKING VIDEO DEPOSITION by Jarely Barnett-Munoz. (CKS) [4:23-mj-02029-N/A-LCK]
|
|
| 15 | 15
ORDER granting14 Stipulation and joint motion of the parties as to Jarely Barnett-Munoz: IT IS ORDERED directing the United States Marshal to release the material witness, Alba Yesenia Londono-Giraldo, in this action, to the Department of Homeland Security for return to her country of origin. Signed by Magistrate Judge Lynnette C Kimmins on 9/20/2023.(CKS) [4:23-mj-02029-N/A-LCK]
|
|
| 16 | 16
INDICTMENT as to Jarely Barnett-Munoz (1) counts 1, 2, 3. Arraignment set for 10/13/2023 at 11:00 AM before Magistrate Judge Macdonald. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following dates: Trial: 11/21/2023; Plea Deadline: 11/3/2023.
NOTE: The process for waiving defendant's appearance at Arraignment has changed. There is no longer a need to file a Notice of Intent to File Waiver of Defendants Appearance. Instead, signed appearance waivers may be electronically filed using the Waiver of Defendants Presence at Arraignment and Acknowledgement of Trial Date event. The event is located under Criminal Event Categories: Other Filings/Waivers. The signed Waiver must be filed no later than 12:00 PM the business day prior to the scheduled arraignment.
Failure of defense counsel to file a timely waiver (or a timely motion to continue) may result in the reappointment of defense counsel. (BAC)
|
|
| 18 | 18
SEALED UNREDACTED INDICTMENT as to Jarely Barnett-Munoz. (DLC)
|
|