USA v. Ochoa
| Arizona District Court | |
| Case #: | 4:24-cr-01672 |
| Case Filed: | Apr 03, 2024 |
| Last checked: Saturday Apr 06, 2024 12:34 AM MST |
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Defendant
Thomas Edward Ochoa (1)
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Represented By
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Plaintiff
USA
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Represented By
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| TERMINATED PARTIES | |
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Material Witness
Material Witnesses
Terminated: 04/03/2024
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Represented By
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| Docket last updated: 04/06/2024 1:32 AM MST |
| Tuesday, March 05, 2024 | ||
| Arrest of Thomas Edward Ochoa on 3/5/2024. (REC) [4:24-mj-05897-N/A-JR] | ||
| Wednesday, March 06, 2024 | ||
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COMPLAINT as to Thomas Edward Ochoa. (REC) [4:24-mj-05897-N/A-JR]
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| Thursday, March 07, 2024 | ||
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AFFIDAVIT FOR DETENTION OF MATERIAL WITNESS by USA as to Thomas Edward Ochoa signed by Magistrate Judge Lynnette C Kimmins. (REC) [4:24-mj-05897-N/A-JR]
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| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance for Material Witness in case as to Thomas Edward Ochoa held on 3/7/2024. Material Witness(es) are present and in custody. Samuel Washington appointed as counsel for the material witnesses with appointment type CJA. The Court orders the Material Witnesses temporarily detained in the custody of the United States Marshal pursuant to 18§3144. IT IS ORDERED the United States Attorney shall schedule a date and time for the video deposition of the material witness(es) within 30 days of appearance. (a juvenile material witness within 24 hours) IT IS FURTHER ORDERED that counsel shall preserve video deposition testimony pending resolution of this matter. Notice of Hearing filed in CourtMaterial Witness(es) present and state true name to be the following: Sebastian Ramiro-Valdez and Jose Miguel Espinoza-Valdez Appearances : AUSA Matthew Eltringham (duty) for the Government, CJA Attorney Samuel Washington for material witness(es). Material Witness(es) are present and in custody. Spanish Interpreter David Miller, appears telephonically, and assists material witness(es). Hearing held 1:25 PM to 1:32 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:24-mj-05897-N/A-JR] | |
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Notice of Video Deposition Hearing as to Thomas Edward Ochoa. (JAM) [4:24-mj-05897-N/A-JR]
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| 6 | 6 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance as to Thomas Edward Ochoa held on 3/7/2024. FINANCIAL AFFIDAVIT TAKEN. Appointing Douglas Tyler Francis for the defendant with Appointment Type: CJA. Defendant(s) state true name to be the same. Detention Hearing as to the defendant held on 3/7/2024. Defendant ordered/continued detained pending trial. Preliminary Hearing as to the defendant waived on 3/7/2024. Finding: Defendant held to answer before District Court. Interpreter N/A English. Material Witness depositions are scheduled for 4/2/24 at 1:00 PM. Defense counsel has leave to re-open detention should new information become available. In the presence of government and defense counsel, the Court orally advises the government of their Brady obligation. Written order to follow. Appearances : AUSA Matthew Eltringham (duty) for the Government, CJA Attorney D. Tyler Francis for defendant. Defendant is present and in custody. Hearing held 2:39 PM to 3:39 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) [4:24-mj-05897-N/A-JR] | |
| 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 Lynnette C Kimmins.(JAM)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:24-mj-05897-N/A-JR] | |
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SEALED CJA 23 Financial Affidavit by Thomas Edward Ochoa. (JAM) [4:24-mj-05897-N/A-JR]
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| Friday, March 08, 2024 | ||
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ORDER OF DETENTION as to Thomas Edward Ochoa. Signed by Magistrate Judge Lynnette C Kimmins on 3/07/2024.(JAM) [4:24-mj-05897-N/A-JR]
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MOTION for Hearing re: Status Conference by USA as to Thomas Edward Ochoa. (Ackerman, Josh) [4:24-mj-05897-N/A-JR]
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ORDER as to Thomas Edward Ochoa (1): IT IS HEREBY ORDERED that the Status Conference, as to Thomas Edward Ochoa, is set for March 28, 2024 at 10:30 a.m. before Magistrate Judge Jacqueline M. Rateau Signed by Magistrate Judge Jacqueline M Rateau on 3/8/2024.(See attached Order for complete information.) (SCA) [4:24-mj-05897-N/A-JR]
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| Monday, March 25, 2024 | ||
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STIPULATION to release material witnesses by Thomas Edward Ochoa. (Francis, Douglas) [4:24-mj-05897-N/A-JR]
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| Tuesday, March 26, 2024 | ||
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ORDER FOR RELEASE OF MATERIAL WITNESSES AFTER TAKING VIDEO DEPOSITION as to Thomas Edward Ochoa: IT IS HEREBY ORDERED directing the United States Marshal to release the material witnesses in this action to the Department of Homeland Security for return to their country of origin. IT IS FURTHER ORDERED that the Status Conference set for March 28, 2024, at 10:30 a.m. is vacated. Signed by Magistrate Judge Jacqueline M Rateau on 3/25/2024.(SCA) [4:24-mj-05897-N/A-JR]
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| Wednesday, April 03, 2024 | ||
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INDICTMENT as to Thomas Edward Ochoa (1) counts 1, 2-3. Arraignment set for 4/26/2024 at 11:00 AM before Magistrate Judge Martinez. Counsel to advise defendants wishing to waive their appearance at the Arraignment Hearing of the following proposed dates: Trial: 6/4/2024; Plea Deadline: 5/17/2024.
NOTE: The process for waiving defendants 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)
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SEALED UNREDACTED INDICTMENT as to Thomas Edward Ochoa. (DLC)
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