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13-149 - USA v. Rivera et al


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13-149 - USA v. Rivera et al
January 21, 2014
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ORDER as to Paul Rivera, Michael Garrett regarding the Bureau of Prisons' separation order. Ordered by Judge Kiyo A. Matsumoto on 1/21/2014. (Keefe, Reed)ORDER as to Paul Rivera, Michael Garrett regarding the Bureau of Prisons' separation order. Ordered by Judge Kiyo A. Matsumoto on 1/21/2014. (Keefe, Reed)
February 5, 2015
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MEMORANDUM AND ORDER: For the reasons set forth in the Memorandum and Order, the court grants Mr. Garrett's requests to bring further motions upon the basis of newly discovered information, provided he does so at least 45 days before trial, and permits Mr. Garrett to join in the motions of his co-defendant as appropriate. The court respectfully denies Mr. Garrett's remaining motions: to suppress physical evidence recovered from a September 1, 2010 car stop; to suppress Mr. Garrett's post-arrest statements; to direct the government to disclose all Brady material; to direct the government to disclose any prior bad acts or criminal convictions that the government intends to use at trial pursuant to Rule 404(b); and Mr. Garrett's request for a bill of particulars. The court respectfully denies Mr. Rivera's motion to suppress physical evidence recovered from a January 18, 2012 car stop, and motion to suppress Mr. Rivera's statements made to the government, including during a proffer session dated August 30, 2012. In light this order, the court finds 152 Motion for Hearing as to Michael Garrett (2) as moot. Ordered by Judge Kiyo A. Matsumoto on 2/4/2015. (Brucella, Michelle)MEMORANDUM AND ORDER: For the reasons set forth in the Memorandum and Order, the court grants Mr. Garrett's requests to bring further motions upon the basis of newly discovered information, provided he does so at least 45 days before trial, and permits Mr. Garrett to join in the motions of his co-defendant as appropriate. The court respectfully denies Mr. Garrett's remaining motions: to suppress physical evidence recovered from a September 1, 2010 car stop; to suppress Mr. Garrett's post-arrest statements; to direct the government to disclose all Brady material; to direct the government to disclose any prior bad acts or criminal convictions that the government intends to use at trial pursuant to Rule 404(b); and Mr. Garrett's request for a bill of particulars. The court respectfully denies Mr. Rivera's motion to suppress physical evidence recovered from a January 18, 2012 car stop, and motion to suppress Mr. Rivera's statements made to the government, including during a proffer session dated August 30, 2012. In light this order, the court finds 152 Motion for Hearing as to Michael Garrett (2) as moot. Ordered by Judge Kiyo A. Matsumoto on 2/4/2015. (Brucella, Michelle)
February 13, 2015
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MEMORANDUM AND ORDER. For the foregoing reasons provided in the Memorandum and Order, the court GRANTS the governments motion for an anonymous and partially sequestered jury. The parties are ordered to submit a joint proposed juryquestionnaire by March 2, 2015. Ordered by Judge Kiyo A. Matsumoto on 2/13/2015. (Gong, LiJia)MEMORANDUM AND ORDER. For the foregoing reasons provided in the Memorandum and Order, the court GRANTS the governments motion for an anonymous and partially sequestered jury. The parties are ordered to submit a joint proposed juryquestionnaire by March 2, 2015. Ordered by Judge Kiyo A. Matsumoto on 2/13/2015. (Gong, LiJia)
April 7, 2015
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MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, Mr. Garrett's application for immediate disclosure of jail logs of telephone calls, recordings of telephone calls, and electronic mail for each anticipated cooperating witness who is currently incarcerated is denied. Ordered by Judge Kiyo A. Matsumoto on 4/7/2015. (Gong, LiJia)MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, Mr. Garrett's application for immediate disclosure of jail logs of telephone calls, recordings of telephone calls, and electronic mail for each anticipated cooperating witness who is currently incarcerated is denied. Ordered by Judge Kiyo A. Matsumoto on 4/7/2015. (Gong, LiJia)
April 15, 2015
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MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, the court denies Mr. Garrett's opening motions in limine and denies Mr. Rivera's request to preclude letter(s) that Mr. Rivera wrote to Assistant United States Attorney Williams Houser. The court grants the government's motions to preclude the defendants from offering evidence of prior good conduct and to introduce Mr. Rivera's proffer statements if he triggers any of the waiver provision of the proffer agreement. Ordered by Judge Kiyo A. Matsumoto on 4/15/2015. (Gong, LiJia)MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, the court denies Mr. Garrett's opening motions in limine and denies Mr. Rivera's request to preclude letter(s) that Mr. Rivera wrote to Assistant United States Attorney Williams Houser. The court grants the government's motions to preclude the defendants from offering evidence of prior good conduct and to introduce Mr. Rivera's proffer statements if he triggers any of the waiver provision of the proffer agreement. Ordered by Judge Kiyo A. Matsumoto on 4/15/2015. (Gong, LiJia)
April 17, 2015
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ORDER granting in part and denying in part 165 Motion in Limine as to Paul Rivera (1), Michael Garrett (2). Ordered by Judge Kiyo A. Matsumoto on 4/17/2015. (Gong, LiJia)ORDER granting in part and denying in part 165 Motion in Limine as to Paul Rivera (1), Michael Garrett (2). Ordered by Judge Kiyo A. Matsumoto on 4/17/2015. (Gong, LiJia)
April 22, 2015
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ORDER as to Michael Garrett. For the reasons stated in the attached Order, the court modifies its April 17, 2015 order to direct that Mr. Garretts mother and minor child be permitted to visit him on or before April 27, 2015. The court vacates its April 17, 2015 order as to Mr. Garretts significant other, who may visit him in accordance with the visiting sanctions imposed by the MCC. Ordered by Judge Kiyo A. Matsumoto on 4/22/2015. (Gong, LiJia)
April 22, 2015
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MEMORANDUM AND ORDER. For the reasons provided in the attached Memorandum and Order, the court grants in part and denies in part 182 Motion in Limine as to Paul Rivera (1), Michael Garrett (2). Ordered by Judge Kiyo A. Matsumoto on 4/22/2015. (Gong, LiJia) (Main Document 286 replaced on 4/23/2015) (Williams-Jackson, Sandra).MEMORANDUM AND ORDER. For the reasons provided in the attached Memorandum and Order, the court grants in part and denies in part 182 Motion in Limine as to Paul Rivera (1), Michael Garrett (2). Ordered by Judge Kiyo A. Matsumoto on 4/22/2015. (Gong, LiJia) (Main Document 286 replaced on 4/23/2015) (Williams-Jackson, Sandra).
April 24, 2015
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MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, the government's motion to preclude evidence of victims' sexual histories pursuant to Federal Rule of Evidence 412 is granted and defendants' motions to admit evidence of witnesses' sexual history pursuant to Federal Rule of Evidence 412(c)(1) is denied except as provided in the attached Memorandum and Order. Ordered by Judge Kiyo A. Matsumoto on 4/24/2015. (Gong, LiJia)MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, the government's motion to preclude evidence of victims' sexual histories pursuant to Federal Rule of Evidence 412 is granted and defendants' motions to admit evidence of witnesses' sexual history pursuant to Federal Rule of Evidence 412(c)(1) is denied except as provided in the attached Memorandum and Order. Ordered by Judge Kiyo A. Matsumoto on 4/24/2015. (Gong, LiJia)
April 30, 2015
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ORDER granting 287 Motion in Limine as to Paul Rivera (1), Michael Garrett (2). For the reasons stated in the attached Order, the court grants, with leave for reconsideration upon an adequate showing by the defendants, the governments April 23, 2015 motion in limine. Ordered by Judge Kiyo A. Matsumoto on 4/30/2015. (Gong, LiJia)ORDER granting 287 Motion in Limine as to Paul Rivera (1), Michael Garrett (2). For the reasons stated in the attached Order, the court grants, with leave for reconsideration upon an adequate showing by the defendants, the governments April 23, 2015 motion in limine. Ordered by Judge Kiyo A. Matsumoto on 4/30/2015. (Gong, LiJia)
May 8, 2015
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ORDER declining disclosure of the PSRs of Mr. Fearon and Mr. Fontanes pursuant to the court's in camera review of government's 308 letter dated April 27, 2015. Ordered by Judge Kiyo A. Matsumoto on 5/8/2015. (Gong, LiJia)ORDER declining disclosure of the PSRs of Mr. Fearon and Mr. Fontanes pursuant to the court's in camera review of government's 308 letter dated April 27, 2015. Ordered by Judge Kiyo A. Matsumoto on 5/8/2015. (Gong, LiJia)
May 14, 2015
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ORDER. For the reasons stated in the attached Order, Mr. Rivera's 331 Motion to Vacate the Indictment is denied in its entirety. Ordered by Judge Kiyo A. Matsumoto on 5/14/2015. (Gong, LiJia)
May 22, 2015
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EVIDENTIARY ORDER. For the reasons stated in the attached Order, the court finds that the government may introduce testimony by Ms. Kathryn Rivera and Ms. Shelby Rivera that Mr. Rivera referenced and showed the book Burned Alive to generate a climate of fear and threaten the Rivera sisters. Any testimony of Mr. Riveras alleged statements to Ms. Kathryn Rivera or Ms. Shelby Rivera about the contents of Burned Alive is also admissible. However, the government is precluded from introducing the actual contents of Burned Alive other than Mr. Riveras statements about the contents to the victim witnesses. The court also finds that GX 162 is admissible as direct evidence of the alleged threats and that its probative value is not substantially outweighed by unfair prejudice. Ordered by Judge Kiyo A. Matsumoto on 5/22/2015. (Gong, LiJia)EVIDENTIARY ORDER. For the reasons stated in the attached Order, the court finds that the government may introduce testimony by Ms. Kathryn Rivera and Ms. Shelby Rivera that Mr. Rivera referenced and showed the book Burned Alive to generate a climate of fear and threaten the Rivera sisters. Any testimony of Mr. Riveras alleged statements to Ms. Kathryn Rivera or Ms. Shelby Rivera about the contents of Burned Alive is also admissible. However, the government is precluded from introducing the actual contents of Burned Alive other than Mr. Riveras statements about the contents to the victim witnesses. The court also finds that GX 162 is admissible as direct evidence of the alleged threats and that its probative value is not substantially outweighed by unfair prejudice. Ordered by Judge Kiyo A. Matsumoto on 5/22/2015. (Gong, LiJia)
November 23, 2015
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MEMORANDUM AND ORDER. For the reasons set forth in the attached Memorandum and Order, the court denies defendants motions for a judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure. The court also denies Mr. Riveras pro se motion for an order to show cause. Ordered by Judge Kiyo A. Matsumoto on 11/23/2015. (Gong, LiJia)MEMORANDUM AND ORDER. For the reasons set forth in the attached Memorandum and Order, the court denies defendants motions for a judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure. The court also denies Mr. Riveras pro se motion for an order to show cause. Ordered by Judge Kiyo A. Matsumoto on 11/23/2015. (Gong, LiJia)
March 21, 2016
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ORDER granting 510 Motion to Vacate as to Michael Garrett (2). Ordered by Judge Kiyo A. Matsumoto on 3/21/2016. (Gong, LiJia)