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01-10384 - USA v. Sampson


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01-10384 - USA v. Sampson
June 25, 2008
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Chief Judge Mark L. Wolf: ORDER entered. Therefore, it is hereby ORDERED that: 1. Sampson's Ex Parte Motion for Appointment of Counsel to Pursue Post-conviction Remedies (Docket No. 898) is ALLOWED to the extent that it requests appointment of counsel to pursuepostconviction remedies. 2. William E. McDaniels, Susan K. Marcus, and Miriam Conrad are APPOINTED as counsel for Sampson for any and all postconviction proceedings, including the filing of a motion under 28 U.S.C. §2255. Appointed counsel are authorized to use the services of attorneys associated with them.3. Sampson's appellate counsel, David A. Ruhnke, shall file a motion to withdraw forthwith. 4. Counsel for Sampson shall, by August 15, 2008: a) File, ex parte and under seal, a proposed litigation budget that represents their best preliminary estimate of the costs of all services (counsel, expert, investigative, and other) likely to be needed during the postconviction proceedings in this matter; and b) File an affirmation that they have obtained a copy of the record in this matter. (O'Leary, Dennis)
March 27, 2009
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Chief Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson: Deft Gary Lee Sampson's First Motion for Discovery, filed on March 25, 2009, has a certificate of service. However, the government's March 27, 2009 submission in response to the March 26, 2009 Order states that his motion has not yet been served on the government. Therefore, it is hereby ORDERED that the deft shall provide a copy of the First Motion for Discovery and the related Motion to Seal to the government forthwith. (Boyce, Kathy)
April 21, 2010
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Chief Judge Mark L. Wolf: ORDER entered granting 1030 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. as to Gary Lee Sampson (1); granting 1031 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. as to Gary Lee Sampson (1); granting 1032 Motion to Seal as to Gary Lee Sampson (1); granting 1033 Motion to Seal as to Gary Lee Sampson (1); granting 1038 Sealed Motion as to Gary Lee Sampson(1) Bu May 3, 2010, the government shall reply to petitioner's partial opposition to the Government's Request for Summary Dismissal. By May 24, 2010, the government shall respond to the Amended 2255 Motion. Petitioner shall file his opposition by June 25, 2010, and the government shall file any reply by July 16, 2010. it is unlikely that any request for an extension of these deadlines will be granted because the court needs sufficient time to prepare for the hearings that will begin on August 23, 2010, and continue from day to day until concluded. (Boyce, Kathy)
August 27, 2010
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Chief Judge Mark L. Wolf: ORDER entered. The August 30, 2010 hearing will begin at 10:30 a.m. and continue from day to day until concluded... (Boyce, Kathy)
April 15, 2011
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Chief Judge Mark L. Wolf: MEMORANDUM OPINION as to Gary Lee Sampson, ENTERED. (Boyce, Kathy) (Additional attachment(s) added on 4/15/2011: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6) (Boyce, Kathy). (Additional attachment(s) added on 4/15/2011: # (7) Exhibit 7a, # (8) Exhibit 7b, # (9) Exhibit 7c, # (10) Exhibit 7d, # (11) Exhibit 8a, # (12) Exhibit 8b, # (13) Exhibit 9, # (14) Exhibit 10, # (15) Exhibit 11, # (16) Exhibit 12, # (17) Exhibit 13, # (18) Exhibit 14a, # (19) Exhibit 14b, # (20) Exhibit 14c, # (21) Exhibit 14d, # (22) Exhibit 14e, # (23) Exhibit 15, # (24) Exhibit 15-2, # (25) Exhibit 15-3, # (26) Exhibit 15-4, # (27) Exhibit 15-5, # (28) Exhibit 15-6, # (29) Exhibit 15-7, # (30) Exhibit 21-a, # (31) Exhibit 21b, # (32) Exhibit 2, # (33) Exhibit 2-3, # (34) Exhibit 2-4, # (35) Exhibit 2-5, # (36) Exhibit 2-6, # (37) Exhibit 2-7, # (38) Exhibit 2-8, # (39) Exhibit 2-9, # (40) Exhibit 2-10, # (41) Exhibit 2-11, # (42) Exhibit 2-12, # (43) Exhibit 2-13, # (44) Exhibit 2-14, # (45) Exhibit 2-15, # (46) Exhibit 2-16, # (47) Exhibit 2-17, # (48) Exhibit 2-18, # (49) Exhibit 2-19, # (50) Exhibit 2-20, # (51) Exhibit 2-21, # (52) Exhibit 2-22, # (53) Exhibit 2-23, # (54) Exhibit 2-24, # (55) Exhibit 25, # (56) Exhibit 2-26, # (57) Exhibit 2-27, # (58) Exhibit 2-28) (Boyce, Kathy). (Attachment 57 replaced on 8/30/2011) (Hohler, Daniel).
October 20, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson The attached version of the October 20, 2011 Memorandum and Order on Jury Claim is being filed for the public record. In order to strike the appropriate balance between personal privacy interests, see In re Globe Newspaper Company, 920 F.2d 88, 95 (1st Cir. 1990), and transparency concerning the reasons for judicial decisions, it replaces the names of jurors and third-parties with initials, and includes minor redactions concerning particularly sensitive information regarding third-parties. An unredacted form of the Memorandum and Order on Jury Claim that includes the names of the jurors and third-parties is being filed under seal and provided to the parties. (Hohler, Daniel)
October 20, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson In view of the foregoing, some but not all of Sampson's claims are subject to summary dismissal. However, as explained in the October 20, 2011 Memorandum and Order concerning Claim IV, Sampson has proven that he was denied his Sixth Amendment right to an impartial jury and, therefore, he is entitled to a new trial to determine whether the death penalty is justified in his case. As discussed in a separate October 20, 2011 Memorandum and Procedural Order, it appears that a new sentencing trial will render moot some but not all of Sampson's claims that otherwise survive summary dismissal. As explained in that Order, the court is not now issuing an order finally resolving any of Sampson's claims. Rather, it is deferring doing so until the parties have an opportunity to confer and advise the court on the most appropriate form of an order to implement its decisions and state their positions on how this case should proceed. (Hohler, Daniel)
October 20, 2011
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Chief Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson. Accordingly, it is hereby ORDERED that the parties shall confer and, by December 2, 2011, report, jointly if possible but separately if necessary, concerning: 1. Whether the decision on Claim IV granting Sampson a new trial to determine his sentence is now appealable and, if so, whether the government requests a stay of proceedings before this court in order to pursue an appeal. 2. Whether the decision summarily dismissing certain of Sampson's claims is now appealable and, if so, whether Sampson requests a stay of proceedings before this court in order to pursue an appeal. 3. Which, if any, of Sampson's claims that have not been found subject to summary dismissal should be deemed moot if a new trial to determine Sampson's sentence is to be conducted. 4. The form of order to be entered to implement the decisions that the court has made in the October 20, 2011 Orders on Jury Claim and Summary Dismissal. 5. How this case should proceed after such an order is entered. (Hohler, Daniel)
May 10, 2012
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Chief Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson Therefore, for the reasons explained in this Memorandum and in the October 20, 2011 Memorandum and Order on Jury Claim, it is hereby ORDERED that: 1. Claim IV of the Motion (Docket No. 1035) is ALLOWED and Sampson's death sentence is VACATED. 2. The Government's Request for Summary Dismissal of the First Amended 2255 Petition (Docket No. 1055) is DENIED as to Claim IV, the jury claim. 3. Assuming, without finding, that 28 U.S.C. §1292(b) is applicable, the government's Motion to Certify Interlocutory Appeal Under 28 U.S.C. §1292(b) and for Stay (Docket No. 1235) is ALLOWED as to the questions of: (1) whether McDonough requires proof of actual bias or implied bias to obtain relief; and, if not, (2) whether this court correctly stated the McDonough test in its Memorandum and Order on Jury Claim. 4. A separate Order concerning the claims to be dismissed pursuant to the October 20, 2011 Memorandum and Order on Summary Dismissal shall enter. 5. This case shall continue to be STAYED pending a resolution of the government's appeal by the First Circuit.(Hohler, Daniel)
November 29, 2013
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Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson (Hohler, Daniel)
December 5, 2013
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Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson The requests in the December 4, 2013 Joint Memorandum of the Parties in Response to the Court's November 29, 2013 Order (Docket No. 1258) are reasonable. Therefore, it is hereby ORDERED that: 1. The December 19, 2013 status conference is RESCHEDULED for January 13, 2014, at 2:00 p.m. 2. Counsel for the parties shall meet and, by December 23, 2013, at 12:00 noon, respond to the November 29, 2013 Memorandum and Order to the maximum extent then possible. 3. If there remain matters that require, or would benefit from, further discussion, counsel shall complete their response to the November 29, 2013 Memorandum and Order by January 9, 2014, at 12:00 noon. (Hohler, Daniel)
January 23, 2014
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Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson (Hohler, Daniel)
January 28, 2014
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Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson re 1282 Assented to MOTION for Extension of Time to 02/06/2014 to File Response to Court's Order filed by USA. SEE ATTACHED MEMORANDUM AND ORDER (Hohler, Daniel)
January 28, 2014
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Judge Mark L. Wolf: ENDORSED ORDER entered. as to Gary Lee Sampson "As this Memorandum and Order is cited in the January 22, 2014 Order, paragraph 4e, it is hereby UNSEALED." (Hohler, Daniel)
March 11, 2014
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Judge Mark L. Wolf: ORDER entered granting 1310 Motion to exceed the page limit as to Gary Lee Sampson (1) (MacDonald, Gail)
March 11, 2014
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Judge Mark L. Wolf: ORDER entered as to Gary Lee Sampson. (MacDonald, Gail)
March 17, 2014
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Judge Mark L. Wolf: MEMORANDUM AND ORDER entered. as to Gary Lee Sampson (Hohler, Daniel)
March 17, 2014
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Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson (Hohler, Daniel)
March 19, 2014
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Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson (Hohler, Daniel)
May 29, 2014
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Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson (Hohler, Daniel)
June 30, 2014
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Judge Mark L. Wolf: MEMORANDUM & ORDER entered. as to Gary Lee Sampson (Hohler, Daniel)
August 11, 2014
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Judge Mark L. Wolf: MEMORANDUM AND ORDER entered. as to Gary Lee Sampson (Hohler, Daniel)
December 23, 2014
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Judge Mark L. Wolf: MEMORANDUM AND ORDER CONCERNING CONTINUANCE. In view of the foregoing, it is hereby ORDERED that: 1. Sampson's Motion for a Continuance in Reponse to Court Order (Docket No. 1742 ) is ALLOWED in part. 2. The second proceeding to determine Sampson's sentence will commence on September 16, 2015. 3. A separate Order addressing deadlines and related matters will be issued. (Nicewicz, Craig)
December 26, 2014
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Judge Mark L. Wolf: ORDER CONCERNING MOTION TO DISMISS BASED ON THE PRESENTATION TO THE GRAND JURY entered as to Gary Lee Sampson. (adminn, )
February 5, 2015
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Judge Mark L. Wolf: ORDER entered. as to Gary Lee Sampson (Hohler, Daniel)
June 24, 2015
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bartlett, Timothy)
June 28, 2015
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Judge Mark L. Wolf: ORDER entered. ORDER Concerning Firewall Decisions, denying 1989 Motion for Reconsideration as to Gary Lee Sampson (1). (Bartlett, Timothy)
September 8, 2015
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER REGARDING RECUSAL. (Bartlett, Timothy)
September 11, 2015
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER REGARDING GRAND JURY. (Bartlett, Timothy)
October 28, 2015
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. NOTE: Amended December 2, 2015 at D.E. 2114. (Bartlett, Timothy) Modified on 12/3/2015 to note amendment. (Bartlett, Timothy).
December 2, 2015
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER REGARDING AMENDMENT OF OCTOBER 28, 2015 DECISION. (Bartlett, Timothy)
December 2, 2015
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. "For the reasons explained in the 2113 December 2, 2015 Memorandum and Order Regarding Amendment of October 28, 2015 Decision, this Amended Memorandum and Order replaces the original." (Bartlett, Timothy)
December 17, 2015
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Judge Mark L. Wolf: ORDER entered. Order to Unseal Document as to Gary Lee Sampson. (Attachments: # (1) D.E. 2086, # (2) D.E. 2090, # (3) D.E. 2112, # (4) D.E. 2117, # (5) D.E. 2119) (Bartlett, Timothy)
January 6, 2016
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER CONCERNING REASSIGNMENT. (Bartlett, Timothy)
April 11, 2016
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District Judge Leo T. Sorokin: ORDER ON DEFENSE MOTIONTO TRIFURCATE OR BIFURCATE PROCEEDINGS entered. Accordingly, the Motion to Trifurcate or Bifurcate Proceedings (Doc. No. 1880) isDENIED. re 1880 Motion to Bifurcate as to Gary Lee Sampson (1) (Simeone, Maria)
May 13, 2016
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District Judge Leo T. Sorokin: ORDER ON JURY MOTIONS; MOTION CONCERNING THE INTERROGATION ON AUGUST 1, 2001; MOTION TO PRECLUDE DEATH AS A POSSIBLE PUNISHMENT; AND MOTION TO CHANGE VENUE entered. Motion for Disclosure (Doc. No. 2031-1) is ALLOWED IN PART and DENIED IN PART. Motion to Dismiss (Doc. No. 2030-1) is DENIED. Motion in Limine Concerning Sampsons Interrogation on August 1, 2001 (Doc. No. 1899-1) is DENIED. Motion to Preclude Death as a Possible Punishment in Light of the Fact that Sampson Is Terminally Ill (Doc. No. 2175) is DENIED. Renewed Motion for Change of Venue (Doc. No. 2184) is DENIED WITHOUT PREJUDICE.The defense has seven days to show cause why the motion papers pertaining to the defense's Motion in Limine Concerning Sampson's Interrogation on August 1, 2001 (Doc. No. 1899-1), and the defense's Renewed Motion for Change of Venue (Doc. No. 2184), should not be unsealed. (Simeone, Maria)
June 2, 2016
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District Judge Leo T. Sorokin: ORDER ON UNRESOLVED PORTIONS OF GOVERNMENT'S MOTION IN LIMINE (DOC. NO. 1889) AND DEFENDANTS MOTION FOR RECONSIDERATION BASED ON HURST v. FLORIDA (DOC. NO. 2171) entered. The government's Omnibus Motion (Doc. No. 1889) is further DENIED insofar as it seeks to prevent Sampson from making unsworn allocution. On or before June 17, 2016, the parties shall file the joint report described above regarding the conditions they propose to govern Sampson's allocution. Finally, Sampson's Motion to Reconsider Certain Rulings in Light of Hurst (Doc. No. 2171) is DENIED. 2171 Motion for Reconsideration 1889 MOTION in Limine Omnibus Motion In Limine filed by USA as to Gary Lee Sampson (1) (Simeone, Maria)
August 17, 2016
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District Judge Leo T. Sorokin: ORDER ON THE BOSTON GLOBE'S MOTION REGARDING COURTROOM CLOSURE entered. (Simeone, Maria)
August 26, 2016
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District Judge Leo T. Sorokin: ORDER entered 1884 Motion for Clarification Regarding Motions in Limine and Request for an Order that All Fact-Specific In Limine Motions be filed under Seal is DENIED AS MOOT as to Gary Lee Sampson (1); [1891-1] Motion In Limine to Exclude Irrelevant and Prejudicial Acts of Custodial Misconduct by Others from Any Cross-Examination of Experts or Government Rebuttal Testimony as it Relates to Future Dangerousness is ALLOWED as to Gary Lee Sampson (1) (Montes, Mariliz)
August 26, 2016
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District Judge Leo T. Sorokin: ORDER entered granting 2324 Defendant's Renewed Motion to Compel Compliance with Certain BOP Data Discovery Requests as to Gary Lee Sampson (1). The parties shall file a joint status report within seven days (9/2/2016)proposing, jointly or separately, a date for the government's production of the documents. Counsel may wish to coordinate on this matter with counsel in the Con-Ui case. (Montes, Mariliz)
September 16, 2016
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District Judge Leo T. Sorokin: ORDER ON ADMISSIBILITY OF USP-TERRE HAUTE EVIDENCE entered. Sampsons Motion regarding the Terre Haute evidence (Doc. No. 2423) is DENIED,except as described herein as to Gary Lee Sampson (Montes, Mariliz)
September 19, 2016
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District Judge Leo T. Sorokin: ORDER entered Order on Defense 2484 Motion in Limine to Exclude Witnesses available to the Government in 2003 but not Offered in Mr. Sampson's Original Sentencing Proceeding. Sampson now moves for an order precluding the government from calling as witnesses at the new penalty phase trial four individuals who were available as government witnesses at the first trial but not called to testify then. Doc. No. 2484 at 1. As to two of the witnesses Mary Ellen Robertson and Karen Anderson Tucker the motion is MOOT because the government has represented to the Court that it does not intend to call them in its case-in-chief. The motion also is MOOT as to Joanna Cook in light of the Courts separate order concerning her proposed testimony. See Doc. No. 2508. Finally, the motion is DENIED with regard to Laurie Herrebrugh. (Montes, Mariliz)
January 30, 2017
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District Judge Leo T. Sorokin: ORDER ON MOTION FOR A COMPETENCY EVALUATION AND HEARING entered as to Gary Lee Sampson. Sampson's request for a court-ordered competency evaluation is ALLOWED, as Dr. Pinals was appointed to perform such an evaluation, and she performed her duties carefully and thoroughly. For the reasons set forth in this Order, however, Sampson's request for a full competency hearing is DENIED. Sentencing in this case shall proceed as scheduled on Friday, February 3, 2017, at 9:30 AM in Courtroom 13 before District Judge Leo T. Sorokin. (Montes, Mariliz)
August 15, 2017
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District Judge Leo T. Sorokin: MEMORANDUM AND ORDER entered. For the reasons set forth in the foregoing Memorandum and Order, it is hereby ORDERED that Sampson's post-trial motion (Doc. 2929) is DENIED; his motion to reconsider previous constitutional motions (Doc. No. 2794) is DENIED; his motion to bar the death penalty due to unguided discretion as to the location of his execution (Doc. NO. 2899) is DENIED without prejudice insofar as it asserts a challenge that is not yet ripe, and otherwise is DENIED; and his motion to bar the death penalty on the Tenth Amendment grounds (Doc. No. 2901) is DENIED with prejudice. The Clerk is hereby ORDERED to unseal the docket entries identified in section IV, supra, two weeks from the date of this Memorandum and Order. (8/29/2017) (Montes, Mariliz)