USA v. Joya-Cabrera
| New York Northern District Court | |
| Case #: | 8:24-cr-00265 |
| Case Filed: | Jul 01, 2024 |
| Terminated: | Jul 17, 2024 |
| Last checked: Wednesday Jul 31, 2024 3:22 AM EDT |
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Plaintiff
USA
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Mariano Joya-Cabrera (1)
Terminated: 07/17/2024
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Represented By
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| Docket last updated: 07/31/2024 4:17 AM EDT |
| Thursday, April 13, 2023 | ||
| NOTICE OF HEARING as to Mariano Joya-Cabrera and Jose Navarrete-Sanchez: Initial Appearance is set for 4/13/2023 at 1:00 PM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Videoconferencing. (jdp) [8:23-mj-00216-ML] | ||
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial appearance on a complaint as to Defendants Mariano Joya-Cabrera and Jose Navarrete-Sanchez was held on 4/13/2023. Interpreter was administered an oath. Defendants appeared with counsel. All counsel and Defendants consented to proceeding via video conferencing. Due to the COVID-19 pandemic and pursuant to the CARES Act and G.O. 59, the Court finds good reason to conduct this proceeding via video conferencing. The parties were provided with a copy of the complaint and affidavit. The Court finds both Defendants eligible for assignment of counsel. The OFPD is assigned to represent Defendant Joya-Cabrera. CJA panel attorney Frank Zappala, Esq., is assigned to represent Defendant Navarrete-Sanchez. Both Defendants were advised of all of their rights, the charges, and the applicable maximum penalties. Pursuant to Fed. R. Crim. P. 5(f), the Court advised the Government of its Brady obligations and the consequences of failing to comply. The Government moved for detention as to both Defendants. A detention hearing is scheduled for 4/18/2023 at 2:30 p.m., via video conferencing. The matter of scheduling a preliminary hearing will be addressed at the detention hearing. The government is directed to make consular notifications as to both Defendants. Defendants are remanded to the custody of the U.S. Marshal's Service. Appearances: J. Gilsenan, Esq., AFPD for Defendant Joya-Cabrera; F. Zappala, Esq., for Defendant Navarrete-Sanchez; Defendants Mariano Joya-Cabrera and Jose Navarrete-Sanchez; T. Anderson, Esq., AUSA, for the Government; Interpreter S. Caceres; and R. Lynch, Court Reporter. (Time: 1:00PM - 2:30PM) (jdp, ) [8:23-mj-00216-ML] | ||
| 1 | 1
CRIMINAL COMPLAINT as to Mariano Joya-Cabrera (1), Jose Navarrete-Sanchez (2). (jdp ) [8:23-mj-00216-ML]
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| 4 | 4 TEXT ORDER: As to Defendants Mariano Joya-Cabrera and Jose Navarrete-Sanchez a detention hearing is scheduled for 4/18/2023 at 2:30 p.m., via video conferencing. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/13/2023. (jdp ) [8:23-mj-00216-ML] | |
| 5 | 5 TEXT ORDER: A conference is scheduled for all counsel only on 4/17/2023 at 9:00 a.m., via video conferencing, to discuss topics and issues concerning the designation of a material witness. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/13/2023. (jdp) [8:23-mj-00216-ML] | |
| 6 | 6 TEXT ORDER APPOINTING OFFICE OF THE FEDERAL PUBLIC DEFENDER as to Defendant Mariano Joya-Cabrera. The Court finds Defendant qualifies for appointment of counsel and the Court assigns the Office of the Federal Public Defender ("OFPD") to represent Defendant in this matter. The assigned attorney from the OFPD is directed to file a notice of attorney appearance with the Clerk of Court via CM/ECF, if they have not already done so. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/13/2023. (jdp ) [8:23-mj-00216-ML] | |
| 8 | 8
BRADY ORDER as to Mariano Joya-Cabrera, Jose Navarrete-Sanchez. Signed by Magistrate Judge Miroslav Lovric on 4/13/2023. (jdp ) [8:23-mj-00216-ML]
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| Monday, April 17, 2023 | ||
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record conference was held on 4/17/2023 with all counsel in both criminal matters 23-MJ-216 & 23-MJ-217. The Court and counsel discussed the fact that the U.S. Department of Justice may seek in the near future via motion to have one defendant designated as a material witness and to testify against the other two defendants. Appearances: J. Gilsenan, Esq., AFPD for Defendant Joya-Cabrera; F. Zappala, Esq., for Defendant Navarrete-Sanchez; J. Casey, Esq., for Defendant Saldana-Coutino; D. Collyer, Esq., AUSA, for the Government; and R. Lynch, Court Reporter. (time: 9:00AM-9:20AM) (jdp, ) [8:23-mj-00216-ML] | ||
| 10 | 10
PRETRIAL SERVICES INVESTIGATION REPORT - [LODGED] as to Mariano Joya-Cabrera. [This document has been electronically lodged with the Court and is viewable by ONLY the attorney for the government, the attorney for the defendant, and the presiding judge. Any further distribution or dissemination is prohibited.] (dct, ) [8:23-mj-00216-ML]
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| Tuesday, April 18, 2023 | ||
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a Detention Hearing on a complaint as to Defendants Mariano Joya-Cabrera and Jose Navarrete-Sanchez was held on 4/18/2023. Interpreter was administered an oath. All parties consented to proceeding via video conferencing. Due to the COVID-19 pandemic and pursuant to the CARES Act and G.O. 59, the Court finds good reason to conduct this proceeding via video conferencing. The Court placed on the record the events that transpired on night of 4/17/2023 as to Defendant Mariano Joya-Cabrera that resulted in his emergency hospitalization and release from custody pursuant to order of this Court. Defendant Mariano Joya-Cabrera remains hospitalized and was unable to attend this proceeding. The government and counsel for Mariano Joya-Cabrera agreed that he should be released to pre-trial supervision by U.S. Probation on conditions as set forth in Pre-Trial Services Report (PTS)10 . The Court ordered Defendant Mariano Joya-Cabrera released to supervision by U.S. Probation on conditions as set forth in PTS report10 . A Preliminary Hearing is scheduled as to Defendant Mariano Joya-Cabrera for 4/27/2023 at 11:00 a.m., In Person, in Binghamton, New York. PTS reports [9, 11] were provided to counsel regarding Defendant Jose Navarrete-Sanchez. The government moved for detention of Defendant Navarrete-Sanchez. Defendant Navarrete-Sanchez waived his right to a prompt detention hearing and a prompt preliminary hearing, while reserving his right to request both hearings at any time in the future. Defendant Jose Navarrete-Sanchez is remanded to the custody of the U.S. Marshals Service. Appearances: E. Reynolds, Esq., AFPD for Defendant Joya-Cabrera; F. Zappala, Esq., for Defendant Navarrete-Sanchez; Defendant Jose Navarrete-Sanchez; D. Collyer, Esq., AUSA, for the Government; Interpreter T. Van Alstyne; N. Bavaria & C. Tafel, U.S. Probation Officers; and R. Lynch, Court Reporter. (time: 2:30PM- 3:30PM) (jdp ) [8:23-mj-00216-ML] | ||
| 12 | 12
MOTION for material witness Warrant by USA as to Mariano Joya-Cabrera, Jose Navarrete-Sanchez.(Collyer, Douglas) [8:23-mj-00216-ML]
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Att: 1
Order
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| 14 | 14 TEXT ORDER: A Preliminary Hearing is scheduled as to Defendant Mariano Joya-Cabrera for 4/27/2023 at 11:00 a.m., In Person, in Binghamton, New York. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/18/2023. (jdp ) [8:23-mj-00216-ML] | |
| 15 | 15
ORDER SETTING CONDITIONS OF RELEASE. Signed by Magistrate Judge Miroslav Lovric on 4/18/2023. (jdp ) [8:23-mj-00216-ML]
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| Wednesday, April 19, 2023 | ||
| 13 | 13 TEXT ORDER: The U.S. Department of Justice (DOJ) has filed this Motion for Material Witness Warrant only in this docket, 23-MJ-216, the criminal matter charging the two Defendants as to whom it seeks for the proposed material witness to provide testimony. But DOJ has failed to file this motion and thereby give notice also in docket 23-MJ-217, the criminal matter where the proposed material witness (currently also a represented defendant) is represented by counsel and is also being prosecuted by DOJ. At the initial appearance of both of these criminal matters (23-MJ-216 & 23-MJ-217), the Court had instructed DOJ to file any such material witness motion in both dockets since counsel for the proposed material witness also has a right to notice of such motion and to respond accordingly. DOJ has not complied with the directive of this Court. The Court will not entertain this motion12 until counsel representing the proposed material witness in case 23-MJ-217 has received notice of this motion via CM/ECF filing in docket 23-MJ-217 and has an opportunity to respond to this motion12 . Counsel in both criminal matters, 23-MJ-216 & 23-MJ-217, have a right to notice of this motion and a right to respond to this motion. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/19/2023. (jdp ) [8:23-mj-00216-ML] | |
| 16 | 16
NOTICE OF ATTORNEY APPEARANCE: Emma Reynolds appearing for Mariano Joya-Cabrera as substituted with/for Attorney: John Gilsenan [8:23-mj-00216-ML]
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| 17 | 17 TEXT ORDER: The Court hereby schedules an on the record Hearing for 4/21/2023 at 11:30 a.m., via Teams teleconference, to address Motion12 and all related issues. Counsel are directed to confer prior to the Hearing and be prepared to address the motion and all other issues related to this motion. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/19/2023. (jdp ) [8:23-mj-00216-ML] | |
| Friday, April 21, 2023 | ||
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record conference was held on 4/21/2023, via Teams teleconference. The parties advised the Court that the videotaped deposition of material witness Saldana-Coutino is scheduled for 5/2/2023 at 2:00 p.m. AFPD E. Reynolds, Esq., advised the Court that Defendant Joya-Cabrera remains hospitalized. The parties are directed to file detailed status reports by 4/25/2023. Appearances: E. Reynolds, Esq., AFPD for Defendant Joya-Cabrera; F. Zappala, Esq., for Defendant Navarrete-Sanchez; D. Collyer, Esq., AUSA, for the Government; and L. Mazzei, Court Reporter. (time: 11:30AM - 12:05PM) (jdp ) [8:23-mj-00216-ML] | ||
| 19 | 19 TEXT ORDER: After sentencing in case of 23-MJ-217 on 4/19/2023, the Court and parties addressed Motion for Material Witness Warrant12 as to Felipe Saldana-Coutino. Motion12 is GRANTED insofar as and to the extent that the Court concluded that Felipe Saldana-Coutino is a material witness as to Defendants charged in 23-MJ-216. The Court issued a Material Witness Warrant as to Felipe Saldana-Coutino. The Court advised Felipe Saldana-Coutino of his rights to a Hearing pursuant to Title 18 USC sections 3144 & 3142. Felipe Saldana-Coutino waived his right to a prompt Hearing pursuant to sections 3142 & 3144 but reserved his right to seek such a Hearing at any time in the future. Felipe Saldana-Coutino was remanded to the custody of the U.S. Marshals Service as a material witness with the right to seek an immediate Hearing at any time in the future pursuant to 18 USC 3144 & 3142. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/19/2023. (jdp ) [8:23-mj-00216-ML] | |
| 20 | 20 TEXT ORDER: The parties are directed to file detailed status reports by 4/25/2023 as to finalization of planned videotaped deposition of material witness Saldana-Coutino which is scheduled for 5/2/2023 at 2:00 p.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/21/2023. (jdp ) [8:23-mj-00216-ML] | |
| Tuesday, April 25, 2023 | ||
| 23 | 23
WAIVER of Preliminary Hearing by Mariano Joya-Cabrera [8:23-mj-00216-ML]
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| 24 | 24
STATUS REPORT (jointly filed) by USA as to Mariano Joya-Cabrera, Jose Navarrete-Sanchez (Collyer, Douglas) [8:23-mj-00216-ML]
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| 25 | 25
Signed Conditions of Release by Mariano Joya-Cabrera. (jdp ) [8:23-mj-00216-ML]
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| 26 | 26 TEXT ORDER: At the conclusion of the material witness deposition on Tuesday, May 2, 2023, the U.S. Department of Justice shall immediately notify the Court via telephone and also a filing in the docket advising whether the material witness matter has been completed such that material witness Saldana-Coutino can immediately be released from custody of the U.S. Marshals Service. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/25/2023. (jdp ) [8:23-mj-00216-ML] | |
| Wednesday, April 26, 2023 | ||
| 27 | 27
ORDER APPROVING WAIVER OF PRELIMINARY HEARING as to Mariano Joya-Cabrera. Signed by Magistrate Judge Miroslav Lovric on 4/26/2023. (jdp ) [8:23-mj-00216-ML]
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| Friday, April 28, 2023 | ||
| 28 | 28
Receipt for Surrender of Passport as to Mariano Joya-Cabrera Passport Number A05474931 issued by Republica de El Salvador placed in vault in Binghamton. (jdp ) [8:23-mj-00216-ML]
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| Monday, May 01, 2023 | ||
| 29 | 29
CONSENT/NOTICE OF ATTORNEY APPEARANCE: James C. Knox appearing for Mariano Joya-Cabrera as Substituted Counsel with/for Attorney: for Emma Reynolds, Esq. (Knox, James) Modified on 5/2/2023 (hmr, ). [8:23-mj-00216-ML]
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| 30 | 30
NOTICE OF ATTORNEY APPEARANCE: Julie A. Nociolo appearing for Mariano Joya-Cabrera as Co-Counsel with/for Attorney: with James C. Knox, Esq. (Nociolo, Julie) [8:23-mj-00216-ML]
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| Tuesday, May 02, 2023 | ||
| CLERK'S CORRECTION OF DOCKET ENTRY re29 Notice of Attorney Appearance - Defendant: Clerk added "Consent" to this docket entry. (hmr) [8:23-mj-00216-ML] | ||
| 31 | 31
STIPULATION by USA to 60-day exclusion of speedy trial (Collyer, Douglas) [8:23-mj-00216-ML]
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| 32 | 32
ORDER granting29 Granting Substitution of Attorney as to Mariano Joya-Cabrera. Signed by Magistrate Judge Miroslav Lovric on 5/2/2023. (jdp ) [8:23-mj-00216-ML]
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| 33 | 33
ORDER TO CONTINUE - Ends of Justice as to Mariano Joya-Cabrera Time excluded from 5/2/2023 until 6/30/2023. Signed by Magistrate Judge Miroslav Lovric on 5/2/2023. (jdp ) [8:23-mj-00216-ML]
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| 34 | 34
Consent MOTION to Vacate material witness warrant as to Felipe Saldana-Coutino by USA as to Mariano Joya-Cabrera, Jose Navarrete-Sanchez. Response to Motion due by 5/23/2023. Reply to Response to Motion due by 5/30/2023 (Collyer, Douglas) [8:23-mj-00216-ML]
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| 35 | 35
ORDER granting34 Motion to Vacate as to Mariano Joya-Cabrera (1), Jose Navarrete-Sanchez (2). Signed by Magistrate Judge Miroslav Lovric on 5/2/2023.(jdp ) [8:23-mj-00216-ML]
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| 36 | 36 TEXT ORDER: Material witness Felipe Saldana-Coutino has complied with and completed all of his obligations as a material witness. The U.S. Marshals Service is directed to IMMEDIATELY release from their custody Felipe Saldana-Coutino. SO ORDERED by Magistrate Judge Miroslav Lovric on 5/2/2023. (jdp ) [8:23-mj-00216-ML] | |
| Monday, June 26, 2023 | ||
| 39 | 39
TRANSCRIPT REQUEST by Mariano Joya-Cabrera for proceedings held on 4/18/2023 before Judge Magistrate Judge Miroslav Lovric. (Knox, James) [8:23-mj-00216-ML]
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| Thursday, June 29, 2023 | ||
| 40 | 40
STIPULATION by USA to 60-day exclusion of speedy trial (Collyer, Douglas) [8:23-mj-00216-ML]
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| Friday, June 30, 2023 | ||
| 41 | 41
ORDER TO CONTINUE - Ends of Justice as to Mariano Joya-Cabrera: Time excluded from 6/30/2023 until 8/27/2023. Signed by Magistrate Judge Miroslav Lovric on 6/30/2023. (amt) [8:23-mj-00216-ML]
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| Wednesday, July 05, 2023 | ||
| 42 | 42
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Mariano Joya-Cabrera, Jose Navarrete-Sanchez: Remote detention hearing held on April 18, 2023 before Judge Miroslav Lovric, Court Reporter/Transcriber: Ruth I. Lynch,Telephone number: 6077792612. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. 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. Redaction Request due 7/26/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/3/2023. Notice of Intent to Redact due by 7/10/2023 (Lynch, Ruth) [8:23-mj-00216-ML]
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| Thursday, August 24, 2023 | ||
| 43 | 43
Stipulation for 60 days Enlargement of Time as to Mariano Joya-Cabrera. (jdc,) [8:23-mj-00216-ML]
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| Friday, August 25, 2023 | ||
| 44 | 44
ORDER TO CONTINUE - Ends of Justice as to Mariano Joya-Cabrera Time excluded from 8/25/2023 until 10/23/2023. Signed by Magistrate Judge Miroslav Lovric on 8/25/2023. (jdc ) [8:23-mj-00216-ML]
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| Wednesday, October 18, 2023 | ||
| 45 | 45
STIPULATION by USA to 60-day exclusion of speedy trial (Collyer, Douglas) [8:23-mj-00216-ML]
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| 46 | 46
ORDER TO CONTINUE - Ends of Justice as to Mariano Joya-Cabrera Time excluded from 10/18/2023 until 12/16/2023. Signed by Magistrate Judge Miroslav Lovric on 10/18/2023. (jdc) [8:23-mj-00216-ML]
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| Thursday, October 26, 2023 | ||
| 47 | 47
NOTICE OF ATTORNEY APPEARANCE: Alishah Elena Bhimani appearing for Mariano Joya-Cabrera as Co-Counsel with/for Attorney: With James C. Knox, Esq. (Bhimani, Alishah) [8:23-mj-00216-ML]
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| Monday, December 11, 2023 | ||
| 48 | 48
STIPULATION by USA to 60-day exclusion of speedy trial (Collyer, Douglas) [8:23-mj-00216-ML]
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| 49 | 49
ORDER TO CONTINUE - Ends of Justice as to Mariano Joya-Cabrera Time excluded from 12/11/2024 until 2/8/2024. Signed by Magistrate Judge Miroslav Lovric on 12/11/2023. (jdc) [8:23-mj-00216-ML]
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| Sunday, February 04, 2024 | ||
| 50 | 50
STIPULATION by USA to 60-day exclusion of speedy trial (Collyer, Douglas) [8:23-mj-00216-ML]
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| Monday, February 05, 2024 | ||
| 51 | 51
ORDER denying50 Stipulation for a 60 day exclusion of speedy trial as to Mariano Joya-Cabrera. This stipulation & proposed order was filed on CM/ECF on 2/4/2024. See Docket. The stipulation and proposed order is seeking to exclude speedy trial time FROM JANUARY 30, 2024 TO MARCH 29, 2024. The Court cannot exclude speedy trial time retroactively, that is, speedy trial time that has already expired. In this instance, the Court cannot exclude speedy trial time from January 30 through February 3, since it has already expired at the time that the U.S. Department of Justice presented this stipulation & order to the Court. Signed by Magistrate Judge Miroslav Lovric on 2/5/2024. (jdc) [8:23-mj-00216-ML]
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| Tuesday, February 06, 2024 | ||
| 52 | 52
STIPULATION by USA to 60-day exclusion of speedy trial (Collyer, Douglas) [8:23-mj-00216-ML]
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| Wednesday, February 07, 2024 | ||
| 53 | 53
ORDER TO CONTINUE - Ends of Justice as to Mariano Joya-Cabrera Time excluded from 2/8/2024 until 4/7/2024. Signed by Magistrate Judge Miroslav Lovric on 2/7/2024. (jdc ) [8:23-mj-00216-ML]
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| Friday, March 22, 2024 | ||
| 54 | 54
STIPULATION by USA to 60-day exclusion of speedy trial (Collyer, Douglas) [8:23-mj-00216-ML]
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| 55 | 55
ORDER TO CONTINUE - Ends of Justice as to Mariano Joya-Cabrera Time excluded from 3/22/2024 until 5/20/2024. Signed by Magistrate Judge Miroslav Lovric on 3/22/2024. (jdc ) [8:23-mj-00216-ML]
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| Wednesday, May 08, 2024 | ||
| 56 | 56
STIPULATION by USA to 60-day exclusion of speedy trial (Collyer, Douglas) [8:23-mj-00216-ML]
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| 57 | 57
ORDER TO CONTINUE - Ends of Justice as to Mariano Joya-Cabrera: Time excluded from 5/8/2024 until 6/23/2024. Signed by Magistrate Judge Miroslav Lovric on 5/8/2024. (amt) [8:23-mj-00216-ML]
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| Tuesday, June 11, 2024 | ||
| Notice of Case Assignment - Waiver of Indictment: Case Caption: USA v. Joya-Cabrera; Case Number Assigned: 8:24-cr-265; Assigned Judge: Hon. Anne M. Nardacci. (mmg). [8:23-mj-00216-ML] | ||
| Tuesday, June 18, 2024 | ||
| 58 | 58
STIPULATION by USA to 60-day exclusion of speedy trial (Collyer, Douglas) [8:23-mj-00216-ML]
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| Thursday, June 20, 2024 | ||
| 59 | 59
ORDER TO CONTINUE - Ends of Justice as to Mariano Joya-Cabrera Time excluded from 6/20/2024 until 8/18/2024. Signed by Magistrate Judge Miroslav Lovric on 6/20/2024. (jdc ) [8:23-mj-00216-ML]
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| Tuesday, June 25, 2024 | ||
| TEXT NOTICE OF HEARING as to Mariano Joya-Cabrera: Waiver of Indictment and Plea Hearing is set for 7/1/2024 at 11:00 AM before U.S. District Judge Anne M. Nardacci by Microsoft Teams. The Court will provide the parties with a link to connect to the proceeding in advance of the scheduled date and time. (mab) [8:23-mj-00216-ML] | ||
| Monday, July 01, 2024 | ||
| Text Minute Entry for proceedings held before U.S. District Judge Anne M. Nardacci: Waiver of Indictment and Plea Hearing as to Mariano Joya-Cabrera held on 7/1/2024. Appearances: AUSA Doug Collyer, Alishah Bhimani, Esq. and Spanish Interpreter Candy Costa. Interpreter is sworn. Defendant is sworn and questioned by the Court. Defendant waives his right to appear in person. Defendant and counsel sign consent to proceed by video form. After hearing from both counsel and Defendant and based upon Defendant's medical circumstances, the Court accepts Defendant's waiver to appear in-person and the matter will proceed by video. Defendant acknowledges receipt of the Information. Defendant is advised of his rights, charges and potential penalties. Waiver of Indictment is signed by Defendant and his counsel. Based upon the statements made by Defendant and his counsel, the Court finds that Defendant's waiver of Indictment is knowing and voluntary and the waiver form is signed by the Court, accepted and entered into the record. Defendant enters a Plea of Guilty to Count 1 of the Information. Government proffers the facts it would prove at trial. Government confirms that a Plea Agreement is in place and sets forth the stipulations on the record. Defendant confirms that he has reviewed and understands the Plea Agreement. The signed Plea Agreement is submitted and accepted. The Court further questions Defendant and his counsel. The Court is satisfied that the guilty plea is knowing and voluntary and that there is a basis and fact for the plea. Guilty plea is entered and accepted. The Court directs the U.S. Probation Office to prepare and submit a Presentence Investigation Report. Sentencing is set for 10/25/2024 at 1:30 PM. Defendant requests immediate sentencing. The Court is not prepared to proceed directly to immediate sentencing at this time, however, if the parties are willing waive a Presentence Investigation Report and schedule an immediate sentencing, Defendant may file a request for the Court's consideration. The Government does not object to the Defendant's continued release. After hearing from counsel, Defendant remains released on the conditions previously set pending sentencing. (TIME: 11:03AM-12:28AM). (Court Reporter: Lisa Mazzei/CRD: Maria Blunt). (mab) | ||
| 61 | 61
WAIVER OF INDICTMENT as to Mariano Joya-Cabrera. (mab)
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| 62 | 62
FELONY INFORMATION as to Mariano Joya-Cabrera (1), Count(s) 1. (mab)
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| 64 | 64
PLEA AGREEMENT as to Mariano Joya-Cabrera. (mab)
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| 65 | 65
Consent to Appearance by Video Teleconference by Mariano Joya-Cabrera. (mab)
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