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10-232 - USA v. Bravo-Fernandez et al


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10-232 - USA v. Bravo-Fernandez et al
December 23, 2010
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OPINION AND ORDER re 55 Motion to Dismiss; 57 Motion to Dismiss; 58 Motion to Dismiss; 59 Motion to Dismiss; 60 Motion to Dismiss; 61 Motion to Dismiss; 62 Motion to Dismiss; 63 Motion to Dismiss; 68 Motion to Dismiss; 70 Motion to Dismiss; 99 Supplemental Motion; 56 Motion to Dismiss. Defendant Bravo's motion for a Kastigar-like hearing (Docket No. 56) is GRANTED and all other defendants' motions to dismiss are DENIED. The Clerk will remove the restriction placed on docket numbers 109 and 113, blocking out the social security numbers. The Kastigan hearing on defendant Bravo's motion is scheduled for 1/10/2011 at 9:00 a.m. before Judge Francisco A. Besosa. Signed by Judge Francisco A. Besosa on 12/23/2010. (brc) Modified on 12/23/2010 to correct date of hearing (dv). (Main Document 131 replaced on 12/23/2010) (dv).OPINION AND ORDER re 55 Motion to Dismiss; 57 Motion to Dismiss; 58 Motion to Dismiss; 59 Motion to Dismiss; 60 Motion to Dismiss; 61 Motion to Dismiss; 62 Motion to Dismiss; 63 Motion to Dismiss; 68 Motion to Dismiss; 70 Motion to Dismiss; 99 Supplemental Motion; 56 Motion to Dismiss. Defendant Bravo's motion for a Kastigar-like hearing (Docket No. 56) is GRANTED and all other defendants' motions to dismiss are DENIED. The Clerk will remove the restriction placed on docket numbers 109 and 113, blocking out the social security numbers. The Kastigan hearing on defendant Bravo's motion is scheduled for 1/10/2011 at 9:00 a.m. before Judge Francisco A. Besosa. Signed by Judge Francisco A. Besosa on 12/23/2010. (brc) Modified on 12/23/2010 to correct date of hearing (dv). (Main Document 131 replaced on 12/23/2010) (dv).
January 26, 2011
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MEMORANDUM AND ORDER re 91 Motion to Strike as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2); re 92 Motion for Bill of Particulars as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2); and re 94 Motion for Discovery as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). Defendants' motion to compel discovery is DENIED; defendants' motion to strike surplusage is DENIED; and defendants' motion for a bill of particulars is DENIED. Signed by Judge Francisco A. Besosa on 01/26/2011. (brc)MEMORANDUM AND ORDER re 91 Motion to Strike as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2); re 92 Motion for Bill of Particulars as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2); and re 94 Motion for Discovery as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). Defendants' motion to compel discovery is DENIED; defendants' motion to strike surplusage is DENIED; and defendants' motion for a bill of particulars is DENIED. Signed by Judge Francisco A. Besosa on 01/26/2011. (brc)
June 7, 2011
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OPINION AND ORDER re 477 Motion for Recusal as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2); and re 484 Supplemental Motion as to Hector Martinez-Maldonado (2). The Court DENIES defendants' joint motion for a new trial and recusal of the undersigned for future proceedings. Defendant Martinez's supplemental motion is NOTED. Signed by Judge Francisco A. Besosa on 06/07/2011. (brc)OPINION AND ORDER re 477 Motion for Recusal as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2); and re 484 Supplemental Motion as to Hector Martinez-Maldonado (2). The Court DENIES defendants' joint motion for a new trial and recusal of the undersigned for future proceedings. Defendant Martinez's supplemental motion is NOTED. Signed by Judge Francisco A. Besosa on 06/07/2011. (brc)
August 30, 2011
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ORDER re 447 Motion Submitting as to Hector Martinez-Maldonado (2). The Court finds that no double jeopardy violation would occur; accordingly, Count One is DISMISSED as to defendant Martinez without prejudice. Signed by Judge Francisco A. Besosa on 08/30/2011. (brc) Modified on 8/30/2011 to correct docket entry relationship. (re)
September 2, 2011
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MEMORANDUM AND ORDER re 564 Motion to Unseal Document as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). The Court GRANTS the government's motion to permit disclosure of de Castro-Font's grand jury testimony to the probation officers. Signed by Judge Francisco A. Besosa on 09/02/2011. (brc)MEMORANDUM AND ORDER re 564 Motion to Unseal Document as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). The Court GRANTS the government's motion to permit disclosure of de Castro-Font's grand jury testimony to the probation officers. Signed by Judge Francisco A. Besosa on 09/02/2011. (brc)
December 12, 2011
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OPINION AND ORDER re 449 Motion under Rule 29 as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2); and re 450 Motion for Acquittal as to Hector Martinez-Maldonado (2). The Court GRANTS defendant Bravo's Rule 29 motion for judgment of acquittal as to Count Two, DENIES defendant Bravo's Rule 29 motion for judgment as to Counts One and Four [Docket No. 449], and DENIES defendant Martinez's Rule 29 motion for judgment of acquittal as to Count Five [Docket No. 450]. Signed by Judge Francisco A. Besosa on 12/12/2011. (brc)OPINION AND ORDER re 449 Motion under Rule 29 as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2); and re 450 Motion for Acquittal as to Hector Martinez-Maldonado (2). The Court GRANTS defendant Bravo's Rule 29 motion for judgment of acquittal as to Count Two, DENIES defendant Bravo's Rule 29 motion for judgment as to Counts One and Four [Docket No. 449], and DENIES defendant Martinez's Rule 29 motion for judgment of acquittal as to Count Five [Docket No. 450]. Signed by Judge Francisco A. Besosa on 12/12/2011. (brc)
December 23, 2013
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MEMORANDUM AND ORDER re 652 Motion for Acquittal as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2): DENIED. Signed by Judge Francisco A. Besosa on 12/23/2013. (brc)MEMORANDUM AND ORDER re 652 Motion for Acquittal as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2): DENIED. Signed by Judge Francisco A. Besosa on 12/23/2013. (brc)
March 7, 2017
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MEMORANDUM AND ORDER re 736 Motion as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). The Court reserves judgment as to defendants' request to dismiss the grand jury indictment, DENIES defendants' request seeking disclosure of grand jury instructions, and GRANTS defendants' request that the Court conduct an in camera review of grand jury instructions as to counts four and five. The Court ORDERS that the government produce to the Court for in camera review the grand jury transcripts no later than March 13, 2017. Signed by Judge Francisco A. Besosa on 03/07/2017. (brc)MEMORANDUM AND ORDER re 736 Motion as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). The Court reserves judgment as to defendants' request to dismiss the grand jury indictment, DENIES defendants' request seeking disclosure of grand jury instructions, and GRANTS defendants' request that the Court conduct an in camera review of grand jury instructions as to counts four and five. The Court ORDERS that the government produce to the Court for in camera review the grand jury transcripts no later than March 13, 2017. Signed by Judge Francisco A. Besosa on 03/07/2017. (brc)
March 31, 2017
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OPINION AND ORDER as to Juan Bravo-Fernandez (1), Hector Martinez-Maldonado (2) re: 734 Motion to Dismiss, filed by Juan Bravo-Fernandez, Hector Martinez-Maldonado. Defendants motion pursuant to Rule 12 of the Federal Rules of Criminal Procedure to dismiss counts four and five for failure to allege an offense, Docket No. 734, is DENIED. Signed by Judge Francisco A. Besosa on 3/31/2017.(AA) Modified on 4/3/2017 to edit dkt text(ab). Modified on 4/10/2017 to remove restriction as per chamber's request (ab).OPINION AND ORDER as to Juan Bravo-Fernandez (1), Hector Martinez-Maldonado (2) re: 734 Motion to Dismiss, filed by Juan Bravo-Fernandez, Hector Martinez-Maldonado. Defendants motion pursuant to Rule 12 of the Federal Rules of Criminal Procedure to dismiss counts four and five for failure to allege an offense, Docket No. 734, is DENIED. Signed by Judge Francisco A. Besosa on 3/31/2017.(AA) Modified on 4/3/2017 to edit dkt text(ab). Modified on 4/10/2017 to remove restriction as per chamber's request (ab).
April 10, 2017
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OPINION AND ORDER re 729 Motion to Sever Defendant and 731 Motion as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2): DENIED without prejudice. The Court ORDERS the government to disclose to the Court for an in camera review by April 17, 2017 any statement made by the defendants that the government intends to introduce into evidence at trial. Signed by Judge Francisco A. Besosa on 04/10/2017. (brc)OPINION AND ORDER re 729 Motion to Sever Defendant and 731 Motion as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2): DENIED without prejudice. The Court ORDERS the government to disclose to the Court for an in camera review by April 17, 2017 any statement made by the defendants that the government intends to introduce into evidence at trial. Signed by Judge Francisco A. Besosa on 04/10/2017. (brc)
April 13, 2017
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OPINION AND ORDER re 739 Motion in Limine and re 740 Motion to Strike as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). Defendants' joint motion to strike surplusage, Docket No. 740, is GRANTED in part and DENIED in part. Defendants' joint motion in limine to exclude testimony, evidence and related argument regarding alleged payments to De Castro-Font, Docket No. 739, is DENIED without prejudice. Signed by Judge Francisco A. Besosa on 04/13/2017. (brc)OPINION AND ORDER re 739 Motion in Limine and re 740 Motion to Strike as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). Defendants' joint motion to strike surplusage, Docket No. 740, is GRANTED in part and DENIED in part. Defendants' joint motion in limine to exclude testimony, evidence and related argument regarding alleged payments to De Castro-Font, Docket No. 739, is DENIED without prejudice. Signed by Judge Francisco A. Besosa on 04/13/2017. (brc)
September 1, 2017
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OPINION AND ORDER re 971 Motion for Acquittal as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). The Court DENIES the Rule 29 motion for judgment of acquittal. Signed by Judge Francisco A. Besosa on 09/01/2017. (brc)OPINION AND ORDER re 971 Motion for Acquittal as to Juan Bravo-Fernandez (1) and Hector Martinez-Maldonado (2). The Court DENIES the Rule 29 motion for judgment of acquittal. Signed by Judge Francisco A. Besosa on 09/01/2017. (brc)