| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2007-10-12 |
1 |
0 |
Complaint |
COMPLAINT as to Benjamin Garcia-Montoya (1), Jorge Valenzuela-Guzman (2). (lao)[3:07-mj-02440-WMC] |
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| 2007-10-15 |
2 |
0 |
Initial Appearance |
Minute Entry for proceedings held before Judge William McCurine Jr.:Initial Appearance on Complaint as to Benjamin Garcia-Montoya and Jorge Valenzuela-Guzman held on 10/15/2007, Federal Defenders appointed for Jorge Valenzuela-Guzman. Bond set as to Benjamin Garcia-Montoya (1) No Bail and Jorge Valenzuela-Guzman (2) No Bail; Oral Motion for Detention by Government due to Flight Risk; Attorney Appointment hearing set for 10/18/07 09:30 AM in Courtroom C before Judge William McCurine Jr. as to Defendant Benjamin Garcia-Montoya (1). Detention Hearing set for 10/18/2007 09:30 AM in Courtroom C before Magistrate Judge William McCurine Jr as to both Defendants. Preliminary Hearing set for 10/25/2007 09:30 AM in Courtroom C before Magistrate Judge William McCurine Jr as to both Defendants. (Tape #WMC07-1:1122-1209).(Plaintiff Attorney James Melendres, AUSA).(Defendant 1 Attorney Anthony Colombo S/A; Defendant 2 Attorney Robert Hennsler, FD-S/A). (lao)[3:07-mj-02440-WMC] |
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| 2007-10-15 |
3 |
0 |
Motion to Detain |
ORAL MOTION to Detain (Flight) by USA as to Benjamin Garcia-Montoya and Jorge Valenzuela-Guzman (Doc 2). (lao)[3:07-mj-02440-WMC] |
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| 2007-10-17 |
4 |
0 |
Notice of Attorney Appearance - Defendant |
NOTICE OF ATTORNEY APPEARANCE: Jodi D Thorp appearing for Jorge Valenzuela-Guzman (Attachments: # (1) Proof of Service)(Thorp, Jodi)[3:07-mj-02440-WMC] |
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| 2007-10-18 |
5 |
0 |
Order on Motion to Detain |
Minute Entry for proceedings held before Judge William McCurine Jr.: granting [3] Motion to Detain as to Benjamin Garcia-Montoya (1), Jorge Valenzuela-Guzman (2); Detention Hearing as to Benjamin Garcia-Montoya, Jorge Valenzuela-Guzman held on 10/18/2007. USA oral motion for detention; motion granted as to Defendants Benjamin Garcia-Montoya, Jorge Valenzuela-Guzman. Order of detention to be file by Govt by close of Business 10/19/07.. (Tape #WMC07-1:9:52-10:09.)(Plaintiff Attorney James Melendres).(Defendant Attorney Anthony Colombo, S/A; Jodi Thorp, FD). (rfm)[3:07-mj-02440-WMC] |
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| 2007-10-29 |
6 |
0 |
Notice of Hearing |
NOTICE OF HEARING as to Defendants Benjamin Garcia-Montoya, Jorge Valenzuela-Guzman. On the Court's own motion due to the court's closure the Preliminary Hearing has been reset to 10/30/2007 09:30 AM in Courtroom C before Magistrate Judge William McCurine Jr.. (rab)[3:07-mj-02440-WMC] |
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| 2007-10-29 |
7 |
0 |
Findings of Fact |
FINDINGS OF FACT AND ORDER OF DETENTION as to Benjamin Garcia-Montoya and Jorge Valenzuela-Guzman. This order is entered without prejudice. Signed by Judge William McCurine Jr. on 10/29/2007. (pdc)[3:07-mj-02440-WMC] |
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| 2007-10-30 |
8 |
0 |
Preliminary Hearing |
Minute Entry for proceedings held before Judge William McCurine Jr.:Preliminary Hearing as to Benjamin Garcia-Montoya, Jorge Valenzuela-Guzman held on 10/30/2007, Excludable (XT1 - in the interest of justice) started as to Benjamin Garcia-Montoya, Jorge Valenzuela-Guzman:, Added attorney Christian De Olivas for Benjamin Garcia-Montoya. Preliminary Hearing cont to 11/13/2007 09:30 AM before Magistrate Judge William McCurine Jr.. (Tape #WMC07-1:1003-1015).(US Attorney Jeff Moore).(Defendant Attorney Jodi Thorp). (vtl)[3:07-mj-02440-WMC] |
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| 2007-11-06 |
9 |
0 |
Add and Terminate Attorneys |
Substitution of attorney Christian De Olivas for Benjamin Garcia-Montoya.. Signed by Judge William McCurine Jr. on 11/5/07. (jmp)[3:07-mj-02440-WMC] |
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| 2007-11-13 |
10 |
0 |
Information - Felony |
INFORMATION as to Benjamin Garcia-Montoya (1) count(s) 1, Jorge Valenzuela-Guzman (2) count(s) 1. (jmp) |
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| 2007-11-13 |
11 |
0 |
Arraignment |
Minute Entry for proceedings held before Judge William McCurine Jr.:Arraignment as to Benjamin Garcia-Montoya (1) Count 1 and Jorge Valenzuela-Guzman (2) Count 1 held on 11/13/2007 Not Guilty plea entered, info and waiver. Change of Plea Hearing set for 11/20/2007 09:30 AM before Magistrate Judge William McCurine Jr.. (Tape #WMC07-10:07-10:12).(Plaintiff Attorney Jeff Moore AUSA).(Def Atty for Def 1 Christian De Olivas RET)(Atty for Def 2 Jodi D. Thorp FD). (jmp) |
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| 2007-11-13 |
12 |
0 |
Waiver of Indictment |
WAIVER OF INDICTMENT by Benjamin Garcia-Montoya (jmp) |
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| 2007-11-13 |
13 |
0 |
Waiver of Indictment |
WAIVER OF INDICTMENT by Jorge Valenzuela-Guzman (jmp) |
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| 2007-11-20 |
14 |
0 |
Consent to Plea |
Consent to plea before Judge Leo S. Papas by Benjamin Garcia-Montoya. (agp) |
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| 2007-11-20 |
15 |
0 |
Plea Agreement |
PLEA AGREEMENT as to Benjamin Garcia-Montoya (agp) |
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| 2007-11-20 |
16 |
0 |
Declaration |
DECLARATION of Benjamin Farcia-Montoya by USA as to Benjamin Garcia-Montoya (joeh)(bar). |
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| 2007-11-20 |
17 |
0 |
Change of Plea Hearing |
Minute Entry for proceedings held before Judge William McCurine Jr.:Change of Plea Hearing as to Benjamin Garcia-Montoya held on 11/20/2007., Plea tendered by Benjamin Garcia-Montoya Guilty on counts 1 of the Information. Plea Agreement filed; PSR Ordered; Accept Plea with P.O. Report set for 2/11/2008 09:00 AM in Courtroom 4 before Judge William Q. Hayes. (Tape #WMC07-9:58-10:41).(Plaintiff Attorney Caroline Han).(Defendant Attorney Christian De Olivas). (rab) |
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| 2007-11-20 |
18 |
0 |
Motion to Dismiss |
GOVT'S ORAL MOTION to Dismiss the Information by USA as to Jorge Valenzuela-Guzman. (rab) |
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| 2007-11-20 |
19 |
0 |
Order on Motion to Dismiss |
Minute Entry for proceedings held before Judge William McCurine Jr.: granting [18] Govt's oral Motion to Dismiss as to Jorge Valenzuela-Guzman (2); Motion Hearing as to Jorge Valenzuela-Guzman held on 11/20/2007 re [18] MOTION to Dismiss filed by USA. Judgment of Discharge filed; Abstract issued to USM (Tape #WMC07-10:38-10:41.)(Plaintiff Attorney Caroline Han).(Defendant Attorney Jodi D. Thorp). (rab) |
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| 2007-11-20 |
20 |
0 |
Speedy Trial - Excludable Start |
Minute Entry for proceedings held before Judge William McCurine Jr. Excludable started X7 proposed plea agreement and XT1 cont-dft tendered a guilty plea from 11/20/07 to 02/11/08 as to Benjamin Garcia-Montoya (joeh)(bar). |
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| 2007-11-21 |
21 |
0 |
Judgment |
JUDGMENT of Dismissal as to Jorge Valenzuela-Guzman (2), Count(s) 1, Govt's oral motion to dismiss Information w/o prejudice - granted. Signed by Judge William McCurine Jr. on 11/20/07. (vet) |
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| 2007-11-20 |
22 |
0 |
Abstract of Order |
ABSTRACT OF ORDER releasing Jorge Valenzuela-Guzman. Signed by Clerk of Court on 11/20/07. (vet) |
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| 2007-11-20 |
23 |
0 |
Findings and Recommendation |
Findings and Recommendation as to Benjamin Garcia-Montoya :Recommending that the district judge accept the defendant's plea of guilty. Objection must be filed within 14 days of the date of this order. Signed by Magistrate Judge William McCurine Jr. on 11/20/07. (vet) |
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| 2007-11-26 |
24 |
0 |
Judgment Returned Executed |
Judgment of Dismissal Returned Executed, as to Jorge Valenzuela-Guzman (2) on 11/21/07 (re [21]). (mdc) Modified on 11/26/07 to add Doc. # 21 link to text. (mdc) |
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| 2008-01-05 |
25 |
0 |
Notice of Attorney Appearance - USA |
NOTICE OF ATTORNEY APPEARANCE Michelle M Pettit appearing for USA. (Pettit, Michelle) (mdc) |
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| 2008-01-08 |
26 |
0 |
Notice of Hearing |
NOTICE OF HEARING as to Defendant Benjamin Garcia-Montoya. On the Court's Own Motion Accept Plea with P.O. Report set for 2/11/2008 is vacated and reset to 2/8/2008 09:00 AM in Courtroom 4 before Judge William Q. Hayes. (sxd) |
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| 2008-02-03 |
27 |
0 |
Sentencing Summary Chart |
AMENDED DOCUMENT FILED AS [32] - Sentencing Summary Chart by USA as to Benjamin Garcia-Montoya (Pettit, Michelle) (mdc) Modified on 3/4/08 to indicate amended filing. (mdc) |
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| 2008-02-06 |
28 |
0 |
Notice of Hearing |
NOTICE OF HEARING as to Defendant Benjamin Garcia-Montoya. Joint Request Accept Plea with P.O. Report set for 2/8/2008 is vacated and reset to 3/10/2008 09:00 AM in Courtroom 04 before Judge William Q. Hayes. (sxd) |
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| 2008-02-07 |
29 |
0 |
Speedy Trial - Excludable Start |
Minute Order for proceedings held before Judge William Q. Hayes : Excludable started as to Benjamin Garcia-Montoya: XT1 (continunace - miscarriage of justice) from 2/8/08 to 3/10/08. (tkl)(av1, ). |
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| 2008-02-27 |
30 |
0 |
Motion for Downward Departure |
MOTION for Downward Departure Combination of Factors by Benjamin Garcia-Montoya. (Attachments: # (1) Exhibit Supporting Documentation)(De Olivas, Christian) (mdc) |
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| 2008-02-27 |
31 |
0 |
Motion for Miscellaneous Relief |
MOTION To Recommend Placement By BOP - Filed as Sentencing Document: Placement by BOP Recommendation by Benjamin Garcia-Montoya (De Olivas, Christian) Modified on 2/29/08 to correct document title and motion text. (mdc) |
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| 2008-03-04 |
32 |
0 |
Sentencing Summary Chart |
Amended SENTENCING SUMMARY CHART by USA as to Benjamin Garcia-Montoya (Pettit, Michelle) Modified on 3/4/08 to add "Amended" to text. (mdc) |
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| 2008-03-08 |
33 |
0 |
Sentencing Summary Chart |
SENTENCING SUMMARY CHART by Benjamin Garcia-Montoya (De Olivas, Christian) (mdc) |
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| 2008-03-10 |
34 |
0 |
Accept Plea with P.O. Report |
Minute Entry for proceedings held before Judge William Q. Hayes : Defendants request for continuance - Granted. Accept Plea with P.O. Report is continued to 3/14/2008 09:30 AM in Courtroom 04 before Judge William Q. Hayes. (Court Reporter Mauralee Ramirez).(Plaintiff Attorney S/A Paul Starita, AUSA).(Defendant Attorney Christian De Olivas, RET). (sxd) |
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| 2008-03-13 |
35 |
0 |
Notice Regarding Exhibit Attachment |
NOTICE Regarding Exhibit Attachment Exhibit Translation by Benjamin Garcia-Montoya re [30] MOTION for Downward Departure Combination of Factors (De Olivas, Christian) Modified on 3/14/08 - Sent e-mail to atty re missing Certificate of Service. (mdc) |
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| 2008-03-14 |
36 |
0 |
Order on Motion for Downward Departure |
Minute Entry for proceedings held before Judge William Q. Hayes : Accept Plea with P.O. Report held on 3/14/2008 for Benjamin Garcia-Montoya (1). Court Accepts Plea of Guilty before Magistrate Judge. [30] Motion for Downward Departure as to Benjamin Garcia-Montoya (1)- DENIED; [31] Motion to Recommend Placement by BOP as to Benjamin Garcia-Montoya (1) - GRANTED. Count(s) 1, Custody of the BOP for a term of 37 months followed by 5 years supervised release. $2,000 Fine. $100.00 S/A. (Court Reporter Mauralee Ramirez.)(Plaintiff Attorney James Melendres, AUSA).(Defendant Attorney Christian De Olivas, RET). (sxd) |
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| 2008-03-17 |
37 |
0 |
Judgment |
JUDGMENT as to Benjamin Garcia-Montoya (1): Count 1, Custody of the BOP for a term of 37 months followed by 5 years supervised release. $2,000 Fine. $100.00 S/A. Signed by Judge William Q. Hayes. (mdc) |
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