Case details

Court: casd
Docket #: 3:07-cr-03401
Case Name: USA v. Martinez-Valdez
PACER case #: 260162
Date filed: 2007-12-19
Date terminated: 2008-09-04
Date of last filing: 2008-09-11

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-12-19 1 0 Indictment INDICTMENT as to Eduardo Martinez-Valdez (1) count(s) 1. (cap)
2007-12-19 2 0 Notice of Related Case NOTICE of related case(s) 07cr3070. (cap)
2007-12-20 3 0 Arraignment Minute Entry for proceedings held before Judge Leo S. Papas :Arraignment and Initial Appearance as to Eduardo Martinez-Valdez (1) on Count 1 of the Indictment held on 12/20/2007. Not Guilty plea entered. The Court orders the same bond conditions set in 07CR3070-L to apply in this case. The Court also orders the same appointment of counsel in 07CR3070-L apply in this case. Motion Hearing/Trial Setting set for 1/7/2008 02:00 PM in Courtroom 14 before Judge M. James Lorenz. (Tape #LSP07-1; 10:12-10:14).(Plaintiff Attorney Fred Sheppard).(Defendant Attorney Greg Murphy). (jmj)
2007-12-20 4 0 Notice of Attorney Appearance - USA NOTICE OF ATTORNEY APPEARANCE Joseph J.M. Orabona appearing for USA. (Certificate of Service included in Notice) (Orabona, Joseph) (mjj, )
2008-01-03 5 0 Motion to Compel MOTION to compel Discovery, MOTION for Leave to File Further Motions by Eduardo Martinez-Valdez. (Attachments: # (1) Statement of Facts # (2) Proof of Service)(Murphy, Gregory) (mjj, )
2008-01-03 6 0 Motion for Reciprocal Discovery MOTION for Reciprocal Discovery, MOTION for Leave to File Further Motions (Certificate of Service included in Motions) by USA as to Eduardo Martinez-Valdez. (Orabona, Joseph) (mjj, )
2008-01-03 7 0 Response in Opposition RESPONSE in Opposition by USA as to Eduardo Martinez-Valdez re [5] MOTION to compel Discovery MOTION for Leave to File Further Motions (Certificate of Service included in Response) (Orabona, Joseph) (mjj, )
2008-01-07 8 0 Motion Hearing/Trial Setting Minute Entry for proceedings held before Judge M. James Lorenz : Motion Hearing/Trial Setting as to Eduardo Martinez-Valdez held on 1/7/2008. Joint request for a continuance granted. Motion Hearing/Trial Setting continued to 2/11/2008 02:00 PM in Courtroom 14 before Judge M. James Lorenz. (Court Reporter Jeannette Hill).(Plaintiff Attorney Christina McCall S/A for Joseph Orabona).(Defendant Attorney Gregory Murphy FD). (smv)
2008-02-07 9 0 Motion for Fingerprint Exemplars Amended MOTION for Fingerprint Exemplars, MOTION for Reciprocal Discovery, MOTION for Leave to File Further Motions (Certificate of Service included in Motions) by USA as to Eduardo Martinez-Valdez. (Orabona, Joseph) (mjj, )
2008-02-11 10 0 Order on Motion for Reciprocal Discovery Minute Entry for proceedings held before Judge M. James Lorenz : Motion Hearing/Trial Setting as to Eduardo Martinez-Valdez held on 2/11/2008. Dft's request for a continuance granted. Motion Hearing/Trial Setting continued to 3/17/2008 02:00 PM in Courtroom 14 before Judge M. James Lorenz. Govt counsel withdraws motion [6] for reciprocal discovery and leave to file further motions. Amended motion filed on 2/7/08 [9].(Court Reporter Israel Van Bramer.)(Plaintiff Attorney Joseph Orabona).(Defendant Attorney Gregory Murphy FD). (smv)
2008-03-17 11 0 Motion Hearing/Trial Setting Minute Entry for proceedings held before Judge M. James Lorenz : Motion Hearing/Trial Setting as to Eduardo Martinez-Valdez held on 3/17/2008. Motion Hearing/Motion in Limine Hearing set for 5/5/2008 10:00 AM in Courtroom 14 before Judge M. James Lorenz. Jury Trial set for 5/13/2008 09:00 AM in Courtroom 14 before Judge M. James Lorenz. (Court Reporter Jeannette Hill).(Plaintiff Attorney Joseph Orabona).(Defendant Attorney Gregory Murphy FD). (smv)
2008-03-21 12 0 Notice of Hearing NOTICE OF CHANGE OF TIME OF HEARING as to Defendant Eduardo Martinez-Valdez. Upon the Court's own motion, Jury Trial set for 5/13/2008 at 9:00 AM is vacated and reset for 5/13/2008 at 02:00 PM in Courtroom 14 before Judge M. James Lorenz.(smv)
2008-04-09 13 0 Notice of Hearing NOTICE OF CHANGE OF DATE OF HEARING as to Defendant Eduardo Martinez-Valdez. Upon the Court's own motion, Motion Hearing/Motion in Limine hearing set for 5/5/2008 at 10:00 AM is vacated and reset for 5/6/2008 10:00 AM in Courtroom 14 before Judge M. James Lorenz. (smv)
2008-04-22 14 0 Motion to Dismiss Indictment MOTION to Dismiss Indictment Due to an Invalid Deportation by Eduardo Martinez-Valdez. (Attachments: # (1) Memo of Points and Authorities, # (2) Proof of Service)(Murphy, Gregory) Modified on 4/23/2008 - proof blank. Sent email instructing to refile proof. (mjj)
2008-04-22 15 0 Notice Regarding Exhibit Attachment NOTICE Regarding Exhibit Attachment to [14] Defendant's Notice of Motion and Motion to Dismiss the Indictment Due to An Invalid Deportation by Eduardo Martinez-Valdez (Attachments: # (1) Exhibit A-D, # (2) Proof of Service)(Murphy, Gregory) Modified on 4/23/2008 to add link (mjj)
2008-04-22 16 0 Motion to Preclude In Limine MOTION to Preclude the Certificate of Nonexistence of Record, In Limine MOTION to Preclude Evidence Under Federal Rules of Evidence 404(B) and 609, In Limine MOTION to Preclude Testimony from Expert, In Limine MOTION to Preclude Documents Not Produced in Discovery, In Limine MOTION Preclude the A-File Custodian from Testifying About Immigration Proceedings, In Limine MOTION to Exclude the A-File Custodian, In Limine MOTION to Prohibit the Witnesses From Referring to Mr. Martinez-Valdez as "the Alien" by Eduardo Martinez-Valdez. (Attachments: # (1) Memo of Points and Authorities, # (2) Proof of Service)(Murphy, Gregory) (mjj)
2008-04-22 17 0 Motion to Preclude In Limine MOTION to Preclude Sending the Indictment into the Jury Room During Deliberations by Eduardo Martinez-Valdez. (Attachments: # (1) Memo of Points and Authorities, # (2) Proof of Service)(Murphy, Gregory) (mjj)
2008-04-22 18 0 Motion to Dismiss Indictment due to improper Grand Jury Instructions MOTION to Dismiss Indictment due to improper Grand Jury Instructions by Eduardo Martinez-Valdez. (Attachments: # (1) Memo of Points and Authorities, # (2) Proof of Service)(Murphy, Gregory) (mjj)
2008-04-22 19 0 Notice Regarding Exhibit Attachment NOTICE Regarding Exhibit Attachment re: [18] Defendant's Motion to Dismiss Indictment Due to Improper Jury Instructions by Eduardo Martinez-Valdez (Attachments: # (1) Exhibit, # (2) Proof of Service)(Murphy, Gregory) Modified on 4/22/2008 to add link (mjj)
2008-04-22 20 0 Motion to Exclude Witnesses In Limine MOTION to Exclude Witnesses Except Case Agent, In Limine MOTION to Admit Documents from A-File and Certificate of Non-Existence, In Limine MOTION to Admit Testimony from Expert and A-File Custodian, In Limine MOTION to Admit 404(b) and 609 Evidence; IN LIMINE MOTION to Admit Audiotape and Transcript of Deportation Hearing by USA as to Eduardo Martinez-Valdez. (Attachments: # (1) Memo of Points and Authorities And Statement of Facts, # (2) Proof of Service)(Orabona, Joseph) (mjj)
2008-04-22 21 0 Motion to Prohibit In Limine MOTION to Prohibit (1) Collateral Attack of Deporation; (2) Reference to Why Defendant Reentered the United States; (3) Reference to Prior Residency; and (4) Reference to Document Destruction, In Limine MOTION to Preclude Expert Testimony by Defense by USA as to Eduardo Martinez-Valdez. (Attachments: # (1) Memo of Points and Authorities And Statement of Facts, # (2) Proof of Service)(Orabona, Joseph) (mjj)
2008-04-22 22 0 Motion to Prohibit In Limine MOTION to Prohibit Reference to Punishment, In Limine MOTION to Preclude (1) Argument Regarding Warning; and (2) Argument Regarding Duress and Necessity, In Limine MOTION to Preclude Hearsay That is Self-Serving, In Limine MOTION for Reciprocal Discovery (Renewed Motion) by USA as to Eduardo Martinez-Valdez. (Attachments: # (1) Memo of Points and Authorities And Statement of Facts, # (2) Proof of Service)(Orabona, Joseph) (mjj)
2008-04-28 23 0 Motion to Continue Joint MOTION to Continue the Trial Date by USA as to Eduardo Martinez-Valdez. (Attachments: # (1) Proof of Service)(Orabona, Joseph) (mjj)
2008-04-29 24 0 Notice of Hearing NOTICE OF CHANGE OF DATE AND TIME OF HEARING as to Defendant Eduardo Martinez-Valdez. Upon request of government counsel, Jury Trial set for 5/13/2008 at 2:00 PM is vacated and reset for 5/20/2008 09:00 AM in Courtroom 14 before Judge M. James Lorenz. Counsel has filed a joint motion.(smv)
2008-04-29 25 0 Response in Opposition RESPONSE in Opposition by USA as to Eduardo Martinez-Valdez re [18] MOTION to Dismiss Indictment due to improper Grand Jury Instructions, [14] MOTION to Dismiss Indictment Due to an Invalid Deportation (Attachments: # (1) Exhibit A - Order Regarding Grand Jury Instructions (Judge Moskowitz) (October 2007), # (2) Proof of Service)(Orabona, Joseph) (mjj)
2008-05-05 26 0 Reply to Response REPLY TO RESPONSE to Motion by Eduardo Martinez-Valdez re [14] MOTION to Dismiss Indictment Due to an Invalid Deportation (Attachments: # (1) Proof of Service)(Murphy, Gregory) (mjj)
2008-05-05 27 0 Order on Motion to Continue ORDER: Granting [23] Joint Motion to Continue Trial as to Eduardo Martinez-Valdez (1). The Trial Date is continued from 5/13/08 at 2:00 pm to 5/20/08 at 9:00 am. The time is excluded. Signed by Judge M. James Lorenz on 5/5/2008. (mjj)
2008-05-06 28 0 Order on Motion to Prohibit Minute Order for proceeding held before the Honorable M. James Lorenz: Motion hearing/motion in limine hearing held 5/6/2008. Dft requests a spanish interpreter for all further proceedings. Granting [22] Motion in limine to Prohibit reference to punishment; granting [22] Motion in limine to Preclude argument regarding warning and argument regarding duress and necessity; granting [22] Motion in limine to Preclude Hearsay that is self serving; granting [22] Motion in limine for Reciprocal Discovery; granting [5] Motion for Leave to File Further Motions; granting [9] Motion for Fingerprint Exemplars; granting [9] Motion for Reciprocal Discovery; granting [9] Motion for Leave to File Further Motions; denying [16] Motion in limine to Preclude the certificate of nonexistence of record; Finding as moot [16] motion to preclude 404B evidence; reserving [16] Motion in limine to preclude 609 evidence; denying [16] Motion in limine to Preclude expert Testimony; granting [16] Motion in limine to Preclude Documents no produced in discovery; granting in part and denying in part [16] Motion in limine to preclude the A-file custodian from testifying about the immigration proceedings; granting in part and denying in part [16] Motion in limine to exclude the A-file custodian; granting [16] Motion in limine to Prohibit the witnesses from referring the Defendant as "the alien"; granting [17] Motion in limine to Preclude sending the indictment inot the jury room during deliberations; denying [18] Motion to Dismiss Indictment due to improper Grand Jury Instructions; granting [20] Motion in limine to Exclude Witnesses except case agent; granting [20] Motion in limine to Admit Documents from A-file and certificate of non-existence; granting in part and denying in part [20] Motion in limine to Admit Testimony; finding as moot [20] motion in limine to admit 404B evidence; reserving [20] motion in limine to admit 609 evidence; granting [20] motion in limine to admit audiotape and transcript of deportation hearing; granting [21] Motion in limine to Prohibit collateral attached of deportation, reference to why Dft reentered the US, reference to prior residency, and reference to document destruction; granting [21] Motion in limine to Preclude expert testimony by defense.(Court Reporter Jeannette Hill).(Plaintiff Attorney Joseph Orabona).(Defendant Attorney Gregory Murphy FD)(smv)
2008-05-06 29 0 Declaration DECLARATION by Eduardo Martinez-Valdez (mjj)
2008-05-15 30 0 Supplemental Memorandum DOCUMENT STRICKEN: SUPPLEMENTAL MEMORANDUM Re: Supplemental Authority in Support of Martinez-Valdez's Motion to Dismiss the Indictment Due to an Invalid Deportation by Eduardo Martinez-Valdez (Attachments: # (1) Supplement, # (2) Proof of Service)(Murphy, Gregory) (joeh). Modified on 5/16/2008, see doc. [32](mkz).
2008-05-14 31 0 Order on Motion to Dismiss Indictment ORDER denying [14] Defendant's Motion to Dismiss the Indictment for Invalid Deportation as to Eduardo Martinez-Valdez (1). Signed by Judge M. James Lorenz on 5/14/08. (lao) (av1).
2008-05-16 32 0 Discrepancy Order Rejecting Document Discrepancy Order by Judge M. James Lorenz rejecting document: [30] Supplemental Memorandum from Defendant Eduardo Martinez-Valdez, non-compliance with local rule Other: Supplemental filings require leave of Court. Signed by Judge M. James Lorenz on 05/16/08. (mkz)
2008-05-16 33 0 Trial Brief TRIAL BRIEF by USA as to Eduardo Martinez-Valdez (Orabona, Joseph) (mjj)
2008-05-18 34 0 Proposed Jury Instructions Proposed Jury Instructions by USA as to Eduardo Martinez-Valdez (Attachments: # (1) Proof of Service)(Orabona, Joseph) (mjj)
2008-05-18 35 0 Motion to Suppress Statements MOTION to Suppress Statements taken in Violation of Miranda by Eduardo Martinez-Valdez. (Attachments: # (1) Memo of Points and Authorities, # (2) Proof of Service)(Murphy, Gregory) (mjj)
2008-05-19 36 0 Proposed Voir Dire Proposed Voir Dire by Eduardo Martinez-Valdez (Attachments: # (1) Proof of Service)(Murphy, Gregory) (mjj)
2008-05-19 37 0 Proposed Jury Instructions Proposed Jury Instructions by Eduardo Martinez-Valdez (Attachments: # (1) Proof of Service)(Murphy, Gregory) (mjj)
2008-05-20 38 0 Order on Motion to Suppress Statements Minute Entry for proceedings held before Judge M. James Lorenz: Motion Hearing as to Eduardo Martinez-Valdez held on 5/20/2008. Granting [35] Motion to Suppress Statements; granting [16] Motion to Preclude Evidence as to Eduardo Martinez-Valdez (1). (Court Reporter Jeannette Hill.)(Plaintiff Attorney Joseph Orabona and Alessandra Serano).(Defendant Attorney Gregory Murphy FD). (smv)
2008-05-20 39 0 Voir Dire Minute Entry for proceedings held before Judge M. James Lorenz: Voir Dire held on 5/20/2008 as to Eduardo Martinez-Valdez Day of Trial one. Jury impaneled. Swore witnesses. Exhibits marked/received. John Casillas and Lisette Guzman called, sworn, and testified. Exhibits 1 through 9, 10A, 11, and 12 identified/received. Exhibit 10 and 20 identified. Dft's request for a mistrial denied. Rule 29 motion denied. Jury retired to deliberate at 4:50 PM. Jury trial, day two (jury deliberations), continued to 5/21/2008 at 9:00 AM before the Honorable M. James Lorenz. (Court Reporter Jeannette Hill).(Plaintiff Attorney Joseph Orabona and Alessandra Serano).(Defendant Attorney Gregory Murphy FD). (smv)
2008-05-20 40 0 Witness List WITNESS LIST for jury trial of Eduardo Martinez-Valdez (smv)
2008-05-20 41 0 Exhibit List EXHIBIT LIST for Plaintiff USA as to jury trial of Eduardo Martinez-Valdez (smv)
2008-05-20 42 0 Proposed Jury Instructions Jury Instructions for jury trial of Eduardo Martinez-Valdez (smv)
2008-05-21 43 0 Jury Trial Minute Entry for proceedings held before Judge M. James Lorenz: Jury Trial as to Eduardo Martinez-Valdez held on 5/21/2008. Day of Trial two (jury deliberations). Jury returned at 9:35 AM. Verdict: Guilty as to the one count indictment. Jury polled. Dft referred to probation for a presentence report. Sentence With Probation Office Report set for 8/11/2008 08:30 AM in Courtroom 14 before Judge M. James Lorenz. Dft's request to have all post trial motions due at the time of sentencing granted. (Court Reporter Jeannette Hill).(Plaintiff Attorney Joseph Orabona and Alessandra Serano).(Defendant Attorney Gregory Murphy FD). (smv)
2008-05-21 44 0 Jury Verdict JURY VERDICT as to Eduardo Martinez-Valdez (1) Guilty on Count 1 of the indictment. (smv)
2008-08-08 45 0 Motion to Continue Joint MOTION to Continue by Eduardo Martinez-Valdez. (Murphy, Gregory) (mjj)
2008-08-08 46 0 Notice of Hearing NOTICE OF CHANGE OF DATE OF HEARING as to Defendant Eduardo Martinez-Valdez. Upon request of defense and government counsel, Sentence With Probation Office Report set for 8/11/2008 at 8:30 AM is vacated and reset for 9/2/2008 08:30 AM in Courtroom 14 before Judge M. James Lorenz. Counsel has filed a joint motion.(smv)
2008-08-08 47 0 Order on Motion to Continue ORDER Continuing Sentencing Hearing: Granting [45] Motion to Continue as to Eduardo Martinez-Valdez (1). The sentencing hearing set for 8/11/08 is rescheduled to 9/2/08 at 9:00 am. Signed by Judge M. James Lorenz on 8/8/2008.(mjj)
2008-08-27 48 0 Sentencing Summary Chart SENTENCING SUMMARY CHART by USA as to Eduardo Martinez-Valdez (Attachments: # (1) Proof of Service)(Orabona, Joseph) (pdc).
2008-08-27 49 0 Objection to Presentence Investigation Report OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Eduardo Martinez-Valdez (Attachments: # (1) Exhibit, # (2) Proof of Service)(Murphy, Gregory) (leh).
2008-08-27 50 0 Sentencing Memorandum SENTENCING MEMORANDUM by Eduardo Martinez-Valdez (Attachments: # (1) Exhibit, # (2) Proof of Service)(Murphy, Gregory) (leh).
2008-08-28 51 0 Sentencing Memorandum SENTENCING MEMORANDUM by USA as to Eduardo Martinez-Valdez (Attachments: # (1) Exhibit A through E (Judicially Noticeable Conviction Documents and Certified Transcripts), # (2) Proof of Service)(Orabona, Joseph) (leh).
2008-09-02 52 0 Sentencing Minute Entry for proceedings held before Judge M. James Lorenz: Sentence With Probation Office Report held 9/2/2008. Dft's request for a two level departure granted. Sentence With Probation Office Report continued by the Court to 9/3/2008 02:00 PM in Courtroom 14 before Judge M. James Lorenz. (Court Reporter Jeannette Hill).(Plaintiff Attorney Joseph Orabona).(Defendant Attorney Gregory Murphy FD). (smv)
2008-09-03 53 0 Sentencing Minute Entry for proceedings held before Judge M. James Lorenz: P/O Report and Sentencing held on 9/3/2008 for Eduardo Martinez-Valdez (1). Dft's request for 2 level departure granted on 9/2/08. Count(s) 1, Dft committed to the BOP for a term of 33 months, supervised release of 3 years, no fine, assessment $100, appeal rights given. Dft's request to have Federal Defenders appointed for appeal purposes granted. (Court Reporter Jeannette Hill).(Plaintiff Attorney Joseph Orabona).(Defendant Attorney Gregory Murphy FD). (smv)
2008-09-04 54 0 Judgment JUDGMENT in a Criminal Case as to Eduardo Martinez-Valdez (1), Count(s) 1, Dft committed to the BOP for a term of 33 months, supervised release of 3 years, no fine, assessment $100. Signed by Judge M. James Lorenz. (mjj)
2008-09-05 55 0 Notice of Appeal - Final Judgment NOTICE OF APPEAL by Eduardo Martinez-Valdez re [54] Judgment. (Filing Fee: No Fee Required). (akr)
2008-09-08 56 0 Appeal Time Schedule Appeal Time Schedule for [55] Notice of Appeal. (akr)
2008-09-11 57 0 USCA Case Number USCA Case Number 08-50401 for [55] Notice of Appeal filed by Eduardo Martinez-Valdez. (akr)