=== Criminal Court Procedures ===
U.S. DISTRICT JUDGE MARINA GARCIA MARMOLEJO United States Courthouse 1300 Victoria St., Ste. 2267 Laredo, TX 78040 Tel: (956) 726-2209 Angie Trevino, Case Manager Tel: (956) 790-1364 Fax: (956) 726-2900 Email: [email protected] COURT PROCEDURES IN CRIMINAL CASES 1. 2. 3. 4. 5. 6. 7. 8. 9. Contact with Court Personnel Courtesy Copies of Documents Emergencies Continuances Appearances Motion Practice Pretrial Conferences and Docket Calls Required Trial Materials Procedures for Jury Trials 10. Courtroom Procedures 11. Sentencing Procedures 12. Attachments The accompanying procedures are to be used in conjunction with the Local Rules for the Southern District of Texas and not as a substitute for them. The Local Rules of this District can be obtained on the District website at www.txs.uscourts.gov. The Court requires strict compliance with these Local Rules. Updated September 28, 2021 1 1. CONTACT WITH COURT PERSONNEL A. B. C. The Court requires that parties file documents through the District Court’s Case Management/Electronic Case Filing (CM/ECF) System. See Southern District of Texas Local Rule 5.1 (LR5.1) and the District=s Administrative Procedures for CM/ECF (as amended and available at www.txs.uscourts.gov). Case-related telephone, letter, and email inquiries are strictly limited to procedural matters and should be made only to the Case Manager. See addresses below. Inquiries should not be made to the Court’s secretary or law clerks. The Court’s caseload does not allow the Case Manager to respond to casual telephone inquiries about the status of motions or cases. Information about the status of documents, entry of orders, or docket entries should be obtained from the CM/ECF or PACER Systems, or if absolutely necessary, from the United States District Clerk=s Office at (956) 723-3542. D. Correspondence with the Court must be delivered or sent to the Court’s Chambers: 1) Case-related correspondence should be addressed to: Angie Trevino Case Manager to U.S. District Judge Marina Garcia Marmolejo 1300 Victoria St., Ste. 2267 Laredo, TX 78040 Or by email: [email protected] 2) 3) Do not address substantive issues in letter or email form. The parties must file copies of all letters. Email correspondence with the Court should copy all other counsel appearing in the case and will be docketed at the Court’s discretion. Copies of urgent documents (including letters) may be sent by First Class Mail, emailed, or hand-delivered to Chambers (see Emergencies, § 3 below) or to the Court’s Case Manager, with copies to all parties. Service copies must be transmitted to all counsel of record simultaneously with (or prior to) and in the same manner as the document is transmitted to the Court. The documents may not be faxed without express prior permission of the Court. 2. COURTESY COPIES OF DOCUMENTS A. Letters to the Court may be hand-delivered, sent by First Class Mail to Chambers, or transmitted by email, with copies to all parties served prior to or at the time of filing. See addresses above. Letters concerning discovery and scheduling matters must be filed in the docket. 2 B. The parties must forward promptly to Chambers courtesy copies of (i) all documents that exceed ten (10) pages in length, including exhibits and attachments, and (ii) documents pertaining to matters to be heard by the Court within seven (7) days after the document is filed. Unless this rule is followed, the Court will not consider any documents filed within seven (7) days of any court appearance. Do not fax or email copies of documents to Chambers unless specifically authorized to do so by the Court. 3. EMERGENCIES A. B. Counsel should contact the Case Manager at (956) 790-1364 for matters requiring immediate attention. Counsel must send a copy of an emergency motion directly to Chambers after the motion’s electronic filing. Counsel should promptly bring the matter to the Court’s attention. 4. CONTINUANCES A. Motions for continuance must be filed at least three (3) business days prior to date of the controlling deadline and will be granted only at the Court’s discretion. Motions for continuance that fail to comply with this rule, absent a showing of good cause, will not be granted. B. Agreements or joint motions among counsel for continuance are not binding on the Court. Parties must notify the Court of agreed continuances by submitting an agreed motion and proposed order. C. A trial will not be continued because of the unavailability of a witness. 5. APPEARANCES A. An attorney who appears at a hearing or conference must: 1) be familiar with the case, 2) have authority to bind the client, and 3) be in charge for that appearance. B. Motions for admission pro hac vice shall include the attorney-applicant’s averment that he or she has familiarized him/herself with the Local Rules of the Southern District of Texas and these Procedures applicable to criminal cases before Judge Garcia Marmolejo. See attached form, also available at the Court’s website. C. Requirement for Experienced Local Counsel. When an attorney does not 3 maintain a principal office in the Laredo Division, or when an attorney does not have a substantial history of federal criminal practice, or when the ends of justice so require, the Court may require the attorney appear with experienced local counsel. “Experienced Local Counsel” Defined. A member of the bar of the Southern District of Texas who maintains a principal office in the Laredo Division may serve as local counsel. Local counsel must have demonstrated experience in, and knowledge of, the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, the United States Sentencing Guidelines, the Local Rules of the Southern District of Texas, and U.S. District Judge Marina Garcia Marmolejo Court’s Procedures in Criminal Cases. Local counsel must be authorized to act as attorney of record for all purposes, and must be authorized to present and argue the client’s position at any hearing called by the Court and to perform any duty required by the Local Rules of the Southern District of Texas and of this Court. 6. MOTION PRACTICE A. General Guidelines. The Court follows the written motion practice described in the Local Rules. In addition, the following procedures apply: 1) Counsel must make serious and timely efforts to confer with opposing counsel on all motions to try to reach agreement on the relief requested by the movant. 2) Motions must conform with CrLR12.2 and contain a certificate verifying that opposing counsel was consulted but no agreement could be reached. An unopposed motion and its order must be indicated prominently in the caption. 3) If the motion presents issues of fact, it shall be supported by affidavit or declaration that sets forth with particularity the material facts at issue. 4) The Court will not grant a motion to adopt another party’s motion and such a motion should not be filed. 5) Any pleadings filed with the Court, including exhibits thereto, containing personal data identifiers must comply with the S.D. Texas General Order #2004-11 (available at the District’s website) on protecting personal privacy in public case files. B. Page Limits and Briefing Requirements. The Court requires concise, pertinent, and well-organized memoranda of law. Without leave of Court, all memoranda of law are limited to 25 pages, 12-point font, double-spaced, with 1” margins. All memoranda of law must contain items 3, 4, 6, and 7 below. Any memorandum that has more than ten (10) pages of argument must contain the following eight (8) items. 4 1) 2) 3) 4) 5) 6) 7) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum. A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically arranged. A short statement of the nature and stage of the proceeding. A statement of the issues to be ruled upon by the Court and, with respect to each issue, a short statement (supported by authority) of the standard of review. A short summary of the argument. Succinct headings dividing the argument into separate points. A short conclusion stating the precise relief sought. 8) Proposed orders. C. If an evidentiary hearing is necessary, the Court will notify the parties in advance. Exhibit and witness lists (the originals and THREE (3) copies of each) shall be provided to the Court at the hearing. D. Motions to Suppress must be pleaded with specificity and not filed solely for discovery. They must also be in compliance with the Local Rules. Motions not in conformity therewith will be struck. E. F. All Motions to Dismiss, Motions to Sever, and Motions for Separate Trial must be specific and brought to the Court’s attention at least thirty (30) days before jury selection. Dispositive motions in criminal cases will be considered by the United States District Judge or may be heard by the Magistrate Judge as requested by the Court. 7. PRETRIAL CONFERENCES AND DOCKET CALLS A. B. The Court generally holds one trial docket call each month. This docket call is the final pretrial conference (FPTC). At the FPTC, the Court may rule on all pending motions and conduct re-arraignments. The Magistrate Judge may conduct re- arraignments in felony cases as requested by the Court. The parties must engage in timely plea negotiations. Defense counsel should confer beforehand with the Government and their clients and review plea agreements prior to the FPTC. The FPTC date is NOT the date to secure a plea agreement and review it with the defendant-client. The parties must be ready to enter a plea of guilty or proceed to trial on announcement. 5 8. REQUIRED TRIAL MATERIALS A. For All Trials and Evidentiary Hearings: 1) Exhibit List (see attached form, also available on the Court’s website). Original must be filed in accordance with Local Rules; three (3) courtesy copies must be provided to the Court at the trial and/or hearing for distribution to all parties. 2) Witness List for live witnesses (see attached form, also available on the Court’s website). Original must be filed in accordance with Local Rules; three (3) courtesy copies must be provided to the Court at the trial and/or hearing for distribution to all parties. 3) Objections to Exhibits, if any, must be filed within seven (7) calendar days after the exhibit is listed and made available and at least seven (7) days before trial. Failure to object in advance of trial in writing concedes authenticity. See CrLR55.2(A) and (B). B. For Jury Trials: 1) 2) Voir Dire. The Court will conduct the principal examination of the venire. Counsel will be generally allowed fifteen (15) to thirty (30) minutes (depending on the complexity of the case) to conduct an examination of the venire, provided that the proposed voir dire questions are submitted in advance to the Court. Each proposed voir dire question must be in question form. Counsel must file an original copy of any proposed voir dire questions according to Local Rules. Counsel must also provide THREE (3) courtesy copies of any proposed voir dire questions. Jury Instructions. The Court utilizes the Fifth Circuit Pattern Jury Instructions, as modified by case law or statutory amendments, when composing its jury instructions. A party should file proposed jury instructions only to request the addition or substitution of unique and/or non-standard instructions. Each requested instruction must be numbered and supported by authority. 3) Motions in limine are not required but may be filed when a party seeks the Court’s ruling on a unique or novel evidentiary dispute. The Court strongly discourages and may strike motions in limine that simply seek to have the Court admonish the other party to follow the Federal Rules of Evidence and Criminal Procedure or other well-known rules of jury trial practice, all of which counsel must understand and follow. See Attachment 6 A, which enumerates a non-exhaustive list of basic trial rules and expectations that should not be included in a motion in limine. Additionally, if counsel harbors doubt as to whether his or her anticipated conduct at trial will violate the rules or expectations, counsel must seek permission to take that action in a motion in limine, Failure to ask permission prior to taking a potentially prohibited action may result in sanctions. C. For Non-Jury Trials, each party must file: 1) 2) Proposed Findings of Fact (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). The Court strongly encourages counsel to reference testimony and exhibits that support each proposed finding of fact; Proposed Conclusions of Law (electronically in Corel WordPerfect X3 or higher, or Microsoft Word). Each proposed conclusion of law will contain citation to legal authority supporting the conclusions. 9. PROCEDURES FOR JURY TRIALS A. B. Jury selection is generally scheduled to occur during the third week of each month. Unless an attorney has commenced trial in another court, prior trial settings will not cause a case to be continued. Voir Dire. The Court will conduct the principal examination of the venire. Counsel will be generally allowed fifteen (15) to thirty (30) minutes (depending on the complexity of the case) to conduct an examination of the venire, provided that the proposed voir dire questions are submitted in advance to the Court. See § 8.B above. The Magistrate Judge may conduct voir dire as requested by the Court with the consent of the parties. C. Exhibits. 1) 2) 3) JERS. The Court will use the Jury Evidence Recording System (JERS) to capture evidence electronically during the trial. This is the only method by which evidence may be submitted, and the parties must submit all files on a single storage device to the Case Manager by noon on the day before trial. For further instructions on the proper use of JERS, including the acceptable storage devices, file formats, and naming conventions, refer to the Court’s JERS information page on the Court’s website. Counsel must be familiar with CrLR55.2 regarding authentication of, objections to, and disposition of exhibits at criminal trials. Any exhibits containing personal data identifiers must comply with S.D. Texas General Order #2004-11 (available at the District website). 7 4) 5) 6) 7) All exhibits must be marked and exchanged among counsel prior to trial. The offering party will mark each of his/her own exhibits with the party=s name, case number, and exhibit number. The Court will admit all exhibits without objection into evidence as the first order of business. Sensitive exhibits (e.g., weapons, drugs, and money) will remain in the custody of the government agent throughout the proceedings. Counsel will not pass exhibits to the jury during trial without obtaining permission in advance from the Court. All admitted exhibits will go to the jury during its deliberations. Counsel for each party is required to provide the Court with two (2) copies of that party=s exhibits in a properly tabbed and indexed notebook. 8) Disposition of Exhibits Following Trial. a. b. Exhibits that are not easily stored in a file folder (e.g., posters, parts, or models) must be withdrawn after the completion of the trial and substituted with reduced reproductions or photographs. If there is no appeal, exhibits will be removed by the offering party within thirty (30) days after the time for appeal has elapsed. When there is an appeal, exhibits returned by the Court of Appeals will be removed by the offering party within ten (10) days after written notice from the clerk. c. Exhibits not removed will be disposed of by the clerk, and the expenses incurred will be taxed against the offering party. D. Equipment. 1) Sound and Video Equipment: The Court has projection, document camera, sound, and video equipment in the courtroom. Counsel are invited to use that equipment during trial. Counsel who seek to test the equipment prior to trial shall contact the Case Manager to make arrangements to test the equipment. Parties also may provide their own equipment, but special arrangements must be made with the Case Manager prior to the day of trial. 2) Internet service is available for attorneys. 3) The Court will not provide a printer. 4) Devices for auditory assistance are available for the hearing impaired. 8 10. COURTROOM PROCEDURES A. B. C. C. Hours. The Court will generally convene for trial at 8:30 a.m. and adjourn at 5:30 p.m., recessing for lunch between 12:00 p.m. and 1:30 p.m. Access at Other Times. Counsel requesting access to the courtroom to set up equipment or exhibits before or after normal hours of Court must make arrangements in advance with the Case Manager. Telephones. Telephone messages for counsel will not be taken by the Court’s staff, and counsel shall refrain from requesting use of telephones in chambers. Filing of Documents. Handing documents to the Court or Case Manager does not constitute the filing of the documents in the CM/ECF system. 1) 2) All original documents must be filed through the CM/ECF system. Copies of documents filed within two (2) days prior to and during trial should be submitted to the Case Manager in duplicate. D. Decorum. 1) 2) Attorneys are required to wear standard business attire. Counsel and parties will comply with CrLR 57.2 and Appendix C regarding courtroom behavior. These procedures will be strictly enforced. Counsel will ensure that all parties and witnesses refrain from chewing gum, drinking, eating, smoking, or reading newspapers, books, etc., in the courtroom. No cellular telephones, pagers, or iPads are allowed in the courtroom. Attorneys needing to use computers or iPads during trial must seek prior approval. Recording equipment and photographic mechanisms are strictly prohibited. F. Witnesses. 1) 2) 3) Counsel are responsible for summoning witnesses into the courtroom and instructing them on courtroom decorum and attire. Counsel may question witnesses while standing at the podium or seated at Counsel table. Counsel must obtain the Court’s permission before approaching a witness. Counsel shall make every effort to elicit from the witnesses only information relevant to the issues in the case and to avoid cumulative testimony. 9 4) 5) Counsel should bear in mind the Court’s hours and arrange for witnesses accordingly. The Court will not recess to permit counsel to call a missing witness unless he or she has been subpoenaed and has failed to appear. Mode and Order of Examination: A party will be allowed to conduct a direct examination of its witnesses to be followed by cross-examination by opposing counsel. Interrogation will conclude with a re-direct examination, which is limited by the scope of cross-examination. Absent extraordinary circumstances, the Court will not allow any Are- cross@ or Are-re-direct.@ G. Deliberations. While the jury is deliberating, Counsel are to remain near the courtroom to be available for jury notes or a verdict. 11. SENTENCING PROCEDURES A. B. C. The purpose of these sentencing procedures is to promote thorough research and robust, intelligent discussion about the legal issues raised by the parties. The procedures below are meant to raise the quality of advocacy on behalf of those being sentenced and by the Government in order to assist the Court in reaching decisions based on a fair and impartial application of the law to the facts of each case. PSI Report Completion Deadline. The Court will set a deadline for completion of the Presentence Investigation (“PSI”) Report by the U.S. Probation Office. It is the responsibility of counsel to obtain the PSI Report. The U.S. Probation Office is not required to further advise counsel of the completion of the PSI Report. Statements of Acceptance of Responsibility. Pursuant to U.S.S.G. § 3E1.1, a defendant who truthfully admits the conduct comprising the offense of conviction at the plea colloquy may adopt and submit the factual basis statement to the Court for consideration in determining whether the defendant qualifies for adjustment under subsection (a). D. Responses to PSI Report. 1) Objections or Statements of Non-Opposition. The attorney for the Defendant and the attorney for the Government shall submit either written objections or a written statement of non-opposition to the U.S. Probation Office and serve the same on opposing counsel within fourteen (14) days of receiving the PSI Report. See FED. R. CRIM. P. 32(f); S.D. Tex. CrLR 32.6; U.S. SENTENCING GUIDELINES MANUAL § 6A1.2 (2013). 10 Legal objections to the PSI Report require citations to supporting and contrary authority. When filing objections, counsel must note if the issue has been decided by binding or non-binding precedent and/or if the objection is being filed merely to preserve the issue for further appellate review. 2) Responding to Objections. No later than fourteen (14) calendar days after receiving a party’s objections to the PSI Report, opposing counsel shall file a written response to the objections. Absent a clear demonstration of good cause, a party’s failure to timely respond and dispute the objections filed by opposing counsel concedes the issue so long as the objection is non- frivolous. An objection is frivolous, for example, if it is foreclosed by binding precedent, unless it is merely filed to preserve the issue for further review. A party is not required to respond to objections foreclosed by binding precedent and filed to preserve the issue. 3) Extensions. If additional time is required, counsel may request up to five (5) business days from the U.S. Probation Office without filing a formal motion with the Court. If more than five (5) business days are needed, a motion to extend time to file objections should be immediately filed. A sample proposed order is attached and is available on the Court’s website. The Court admonishes counsel that the failure to timely file objections will result in a show cause hearing where counsel will be asked to explain why the Court’s deadline could not be met and why a motion to extend time to file objections was not filed. While late-filed objections will not be held against the Defendant(s), the Court may impose monetary sanctions against counsel for not complying with the rules. 4) No later than fourteen (14) calendar days after receiving the responses from the parties, the U.S. Probation Office shall complete and submit to the Sentencing Judge the final report, together with an addendum describing any objections that have not been resolved, and the officer’s comments thereon. E. F. Sentencing Memorandum. Counsel shall also file, within fourteen (14) calendar days of receiving the PSI Report, any sentencing memorandum with any pertinent attachments—such as letters and photographs—for consideration of grounds for departures under the Sentencing Guidelines or variances under 18 U.S.C. §3553(a). Requests for departures and/or variances must be supported by a factual basis and cite supporting legal authority. “Safety Valve” Debriefs in applicable drug offenses pursuant to 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, must be completed no later than one week prior to the PSI Report disclosure date. The attorney for the Government shall timely 11 notify the U.S. Probation Office of any recommendations prior to the disclosure deadline. 12. ATTACHMENTS A. B. C. Non-Exhaustive List of Basic Trial Rules and Expectations Template Exhibit List Template Witness List D. Motion and Order for Admission Pro Hac Vice E. Template Proposed Order Extending Deadline for Objections to the PSI Report and Sentencing Memorandum 12 Non-Exhaustive List of Basic Trial Rules and Expectations 1. The Government shall not comment on a defendant’s right to remain silent, see Griffin v. California, 380 U.S. 609, 615 (1965), or attempt to improperly shift its burden of proof to a defendant. 2. The Government shall not introduce prior bad acts without giving the Defendant proper notice and obtaining a ruling from the Court. See Fed. R. Evid. 404(b)(3). 3. The Defendant shall not elicit improper self-serving hearsay statements made by the Defendant. See Fed. R. Evid. 801. 4. The Defendant shall not allude to information that could only come to the jury’s attention through the sworn testimony of the Defendant unless Defendant informs the Court that he or she will testify and does in fact testify. 5. The Defendant must provide the Government proper notice of the affirmative defenses he or she wishes to raise. See, e.g., Fed. R. Crim. P. 12.1-12.3. 6. Neither party shall elicit an opinion about whether the Defendant had a mental state or condition that constitutes an element of the crime or defense. Fed. R. Evid. 704. 7. Neither party shall improperly vouch for the credibility of their witnesses. See Fifth Circuit Pattern Jury Instructions (Criminal Cases) § 1.09 (2019). 8. Neither party shall make personal attacks against the other. S.D. Tex. L.R., App’x C. 9. Neither party shall divulge any plea, plea discussion, or any related statement prohibited by Fed. R. Evid. 410. 10. Neither party shall, during opening statements, comment on any exhibit not previously furnished to opposing counsel and admitted as evidence. 11. Neither party shall admit or reference extrinsic evidence of specific instances of a witness’s conduct that may be used to attack or bolster the witness’s character for truthfulness, except for a criminal conviction as permitted by Fed. R. Evid. 608(b). 12. Neither party shall introduce statements that violate the rule against hearsay. Fed. R. Evid. 802. 13. Neither party shall comment on punishment or make arguments designed to elicit sympathy or jury nullification. See Fifth Circuit Pattern Jury Instructions (Criminal Cases) § 1.04 (2019). 14. All parties must provide proper notice of expert witness testimony. See Fed. R. Crim. P. 16. Expert testimony is appropriate when the expert’s specialized knowledge will help the trier of fact understand the evidence or make a factual finding. Fed. R. Evid. 702. 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA VERSUS - - - - - - - - - - - - - - - CRIMINAL ACTION NO. EXHIBIT LIST JUDGE MARINA GARCIA MARMOLEJO CASE MANAGER: Angie Trevino LIST OF PROCEEDING: DATE (S): Q GOVERNMENT Q DEFENDANT NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DESCRIPTION OBJ ADM NOT ADM DATE 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA CRIMINAL ACTION NO. VERSUS - - - - - - - - - - - - - - - JUDGE MARINA GARCIA MARMOLEJO CASE MANAGER: Angie Trevino WITNESS LIST LIST OF Q GOVERNMENT Q DEFENDANT PROCEEDING: DATE (S): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. DEFENDANT CRIMINAL ACTION NO. 5:xx-CR-xxx § § § § § ORDER Pending before the Court is Defendant=s Motion to Extend Time to File Objections to the Presentence Investigation Report, and Sentencing Memorandum. After review, the motion is DENIED. GRANTED. The Court hereby Orders the Objections to the Presentence Investigation Report and Sentencing Memorandum be filed by _________________, 2021___ at 5:00 p.m. SIGNED this _____ day of ________, 2021__. _______________________________ Marina Garcia Marmolejo United States District Judge 17
=== Video Teleconferencing Procedures ===
Judge Marina Garcia Marmolejo’s Video Tele-Conferencing Procedures These instructions provide the necessary steps for connecting to the Court’s VTC Bridge using a Personal Computer and Internet Explorer. Your device will need • A camera to appear by video; • A microphone, either built-in or attached; and • Speakers, built-in or attached, or headphones. Tips for a successful video/audio conference • Connect by video or by telephone, not both. Connecting by both methods will cause problematic feedback. • Using headphones with a built-in microphone improves the audio quality for all participants. • Mute your audio when you are not speaking in order to reduce extraneous noise and feedback. • Call in 15 minutes prior to scheduled start time to ensure proper connectivity. • Schedule a test session a day before if you are a first-time user and have concerns about being able to connect. Joining by Video on a Computer 1. Click the Jabber Guest meeting link you were provided to open the web page. 2. When you access the website, you may get a message about site security. Click More information to expand the message. Then, under the expanded More Information section, click Go on to the webpage. 1 of 3 3. If you have not previously used Jabber, you may be prompted to download the Cisco Jabber Guest Plug-in, if it has not been previously downloaded and installed on the device. Click Download. 4. When prompted at the bottom of the screen, click Run. The software will download and install very quickly displaying various messages throughout. 5. When it has finished installing, a plug-in pop-up will display. Click Always Allow. 6. You may also get a security warning. Just click Cancel. 2 of 3 Once this is complete, the Jabber window will display, and the video window will show what your camera sees, if you have one. There will be a Call button at the bottom of the window. 7. At the time of the conference, you will click Call to join the conference. 8. You will be prompted to enter the conference ID and password, if any. Follow the instructions provided and use the Dial Pad in the application window to enter the information. Joining by Video on an iPhone, iPad, or Android Device Alternatively, you can connect from a mobile device by downloading the Cisco Jabber Guest app Download the Cisco Jabber Guest App • • from the Apple Store https://apps.apple.com/us/app/guest-access- cisco- jabber/id834663605 to join on an iPhone or iPad. from the Google Play store https://play.google.com/store/apps/details?id=com.cisco.jabber.guest&hl=en_U S to join on an Android device. Joining by Telephone If you cannot connect to the video conference or you were directed to join by telephone, then 1. Call the telephone number provided. 2. When asked to enter the number you wish to dial, enter 5000000#. The number you will enter is determined by the video connection Jabber Guest URL. Use the number that matches the last portion of the URL provided. 3. When asked to enter the conference #, enter the Meeting Room ID or Conference number you were provided, followed by pound. 4. When asked to enter the security PIN, enter the PIN number you were provided, followed by pound. IT Support If you require additional assistance or have questions connecting to the VTC Bridge, Alberto Blanco, Jose Juarez, Ricardo Pedraza, and Sergio Infante with the IT Department will be the points of contact. They can be reached at 956- 790-1325 or via email at [email protected] 3 of 3
=== Standing Order – Appearances in Criminal Cases ===
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION STANDING ORDER – APPEARANCES IN CRIMINAL CASES In all criminal hearings before the undersigned, counsel of record shall appear and be prepared to discuss all aspects of his or her case. That is, for both the Government and the Defense, attorneys of record must cover their own cases. It is so ORDERED. SIGNED June 5, 2023. ___________________________________ Marina Garcia Marmolejo United States District Judge
=== view ===
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION ___________________, Plaintiff, vs. ___________________, Defendant. § § § § § § § § § CIVIL ACTION NO. 5:__-CV-____ JOINT REPORT REQUIRED BY FED. R. CIV. P. 26(f) AND JOINT DISCOVERY / CASE MANAGEMENT PLAN Please restate each instruction in bold before furnishing the requested information. Any differences between parties as to the response(s) to any matter must be set forth in this report. Preliminary Matters State when and in what manner the parties conferred as required by Rule 26(f), and identify the counsel and / or parties who participated in the conference. List cases pending in this or any other district, along with the cause number and judicial district, that are related to this case. If another case is pending in this or any other district, can and should this case be consolidated with that case? Briefly describe what this case is about. What is Plaintiff’s allegation of federal jurisdiction, or, if this case was removed, what is Defendant’s allegation of federal jurisdiction? Does Defendant (or Plaintiff if this case was removed) agree or disagree with this allegation? Does either party anticipate the need to add additional parties? If so, list any additional parties and when they can be added. 1. 2. 3. 4. 5. 6. 7. 8. 1 9. List any anticipated interventions. 10. Are there any issues in this case that may raise class allegations or class action issues? Discovery 11. The conference required by Rule 26(f) was held on ______________________________, at __________________________. Counsel / Parties who participated in the conference: ___________________________ for Plaintiff(s) ________________________________. ___________________________ for Defendant(s) ______________________________. 12. Describe the proposed discovery plan agreed upon at the conference. Include the following: a) What changes should be made in the timing, form, or requirement for disclosures under Rule 26(a); b) When and to whom Plaintiff anticipates it may send interrogatories; c) When and to whom Defendant anticipates it may send interrogatories; d) Of whom and by what date Plaintiff anticipates taking oral depositions; e) Of whom and by what date Defendant anticipates taking oral depositions; f) When Plaintiff (or the party with the burden of proof on an issue) will be able to designate experts and provide the reports required by Rule 26(a)(2)(B), and when the opposing party will be able to designate responsive experts and provide their reports; g) List expert depositions Plaintiff (or the party with the burden of proof on an issue) anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B). h) List expert depositions the opposing party anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B). 13. If the parties do not agree on any portion of the discovery plan, describe the separate views and proposals of each party. 14. Specify the discovery beyond initial disclosures that has been undertaken to date. 15. State the date the planned discovery can reasonably be completed. Settlement and Trial Alternatives 16. Describe the possibilities of settlement or alternative dispute resolution that were discussed at the Rule 26(f) meeting. 17. Describe what each party has done or agreed to do to bring about a prompt resolution. 2 18. From the attorneys’ discussions with their respective clients, state the alternative dispute resolution techniques that are reasonably suitable and state when such a technique may be effectively used in this case. 19. Magistrate Judges may now hear jury and non-jury trials. Will the parties consent to trial before a Magistrate Judge? 20. State whether a jury demand has been made and if it was made on time. 21. In the event of a trial, how many hours will it take to try this case? Additional Conference Items 22. If there are any motions pending before the Court at this time, list them. 23. Can any of these motions be ruled upon at the Initial Pretrial and Scheduling Conference? 24. 25. Are there any other matters peculiar to this case, including discovery, that deserve special attention from the Court at the Initial Pretrial and Scheduling Conference? Proposed Dates for Scheduling Order. Please review the proposed deadlines for many of the pretrial events (listed below) that will be scheduled for this case. Both the events and the proposed dates are intended to give the parties guidance in (1) formulating answers to the other parts of this questionnaire and (2) scheduling the events preceding the trial. The Scheduling Order that will be issued following the Scheduling Conference will necessarily be more specific and detailed and will contain additional matters and discovery limitations. The Court’s suggested dates and events may be appropriate for this case. If not, please propose suggested modifications that the parties believe are suited for this lawsuit. As indicated below by asterisks, some dates and events are “inflexible” because of limited judicial resources and the Court’s calendar. PRETRIAL EVENTS COURT’S PROPOSED DATES PARTIES’ PROPOSED DATES Rule 26(f) Meeting* File Joint Case Management Plan* Rule 16(b) Scheduling Conference* Rule 26(a)(1) Initial Disclosures* Deadline for Joinder of all Parties 3 Deadline for Plaintiff to Designate Expert Witnesses and Provide Reports Deadline for Defendant to Designate Expert Witnesses and Provide Reports Discovery Deadline Deadline to Complete ADR Deadline to Amend Pleadings (with consent of all parties or leave of Court) Deadline to File Contested Motions* Deadline to File Joint Pretrial Order, Motions in Limine, and Proposed Jury Instructions (or proposed findings of fact and conclusions of law) Pretrial Conference and Trial Scheduling* 26. List the names, bar numbers, addresses, and telephone numbers of all counsel. 4
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION § § § CIVIL ACTION NO. 5:__-CV-____ § § § § § Plaintiff, vs. Defendant. JOINT PRETRIAL ORDER 1. Appearance of Counsel. List each party, its counsel, and counsel’s address and telephone number in separate paragraphs. 2. 3. 4. 5. 6. 7. 8. 9. Statement of the Case. Give a brief statement of the case, one that the Judge could read to the jury panel for an introduction of the facts and parties; include names, dates, and places. Jurisdiction. Briefly specify the jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state it. Motions. List pending motions. Contention of the Parties. State concisely in separate paragraphs each party’s claims. Admission of Fact. List all facts that require no proof. Contested Issues of Fact. List all material facts in bona fide controversy. Agreed Propositions of Law. List the legal propositions that are not in dispute. Contested Propositions of Law. State briefly the unresolved questions of law, with authorities to support each. 10. Exhibits. A. Each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated. 18 B. A party requiring authentication of an exhibit must notify the offering counsel in writing within five days after the exhibit is listed and made available; failure to object in writing in advance of the trial concedes authenticity. 1) 2) 3) Within reason, other objections to admissibility of exhibits must be made at least three business days before trial with copies of the disputed exhibit and authority. Parties must mark their exhibits to include the date and case number on each. At the trial, the first step will be the offer and receipt in evidence of exhibits. 11. Witnesses. A. B. On a separate form, each party will attach four lists with the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. Include: If other witnesses to be called at the trial become known, their names, addresses, and subject of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses. 12. Settlements. State that all settlement efforts have been exhausted, and the case will have to be tried. 13. Trial. State estimated length of trial and logistical problems, including availability of witnesses, out-of-state people, bulky exhibits, and documentation. 14. Attachments. Each party must file as a separate document (captioned, signed by counsel, and with service certified) these required attachments in duplicate. A. For a jury trial: (1) (2) Proposed questions for the voir dire examination. Proposed charge, interrogatories, with authority. including instructions, definitions, and special B. For a non-jury trial: (1) (2) Proposed findings of fact with agreed and contested ones separated. Conclusions of law with authority. ____________________________________ United States District Judge Date:________________________ 19 Approved by: ____________________________________ Attorney-in-Charge, Plaintiff Date:________________________ ____________________________________ Attorney-in-Charge, Defendant Date:___________________________ 20
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS VERSUS - - - - - - - - - - - - - - - CIVIL ACTION NO. EXHIBIT LIST JUDGE MARINA GARCIA MARMOLEJO CASE MANAGER: ANGIE TREVIÑO LIST OF Q GOVERNMENT Q DEFENDANT NO. DESCRIPTION PROCEEDING: DATE (S): OBJ ADM NOT DATE ADM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 21
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS VERSUS - - - - - - - - - - - - - - - CIVIL ACTION NO. WITNESS LIST JUDGE MARINA GARCIA MARMOLEJO CASE MANAGER: ANGIE TREVIÑO LIST OF Q GOVERNMENT Q DEFENDANT PROCEEDING: DATE (S): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS NOTICE OF THE RIGHT TO TRY A CIVIL CASE BEFORE A MAGISTRATE JUDGE With the consent of all the parties, a United States Magistrate Judge may preside in a civil case, including jury trial and final judgment. The choice of trial before a magistrate judge is entirely yours. Tell only the clerk. Neither the judge or magistrate judge will be told until all the parties agree. The district judge to whom your case is assigned must approve the referral to a magistrate judge. You may get consent forms from the clerk. DAVID BRADLEY, CLERK 23
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION § § § CIVIL ACTION NO. 5:__-CV-____ § § § § § Plaintiff, vs. Defendant. CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE All parties to this case waived their right to proceed before a District Judge and consent to have a United States Magistrate Judge conduct all further proceedings, including the trial and judgment. 28 U.S.C. § 636(c). Signatures and Typed Names Party Represented Date ______________________________ ________________________ ________ ______________________________ ________________________ ________ ______________________________ ________________________ ________ ______________________________ ________________________ ________ ______________________________ ________________________ ________ ORDER TO TRANSFER This case is transferred to United States Magistrate Judge ______________________ to conduct all further proceedings, including final judgment. _____________ Date __________________________________ United States District Judge NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE. 24
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS Motion and Order for Admission Pro Hac Vice Division Case Number versus Lawyer’s Name Firm Street City & Zip Code Telephone Licensed: State & Number Federal Bar & Number Seeks to appear for this party: Dated: Signed*: *I understand that the Court requires strict compliance with the Local Rules for the Southern District of Texas and the Court Procedures for District Judge Garcia Marmolejo, which are applicable to cases assigned to Judge Garcia Marmolejo. The rules are available by visiting the Court’s website. The state bar reports that the applicant’s status is: Dated: Clerk’s signature: Order This lawyer is admitted pro hac vice. Dated: _______________________ ___________________________________ Marina Garcia Marmolejo United States District Judge
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA V. ______________________________ § § § CR. NO. ___________________________ § § CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE All parties to this case waive their right to proceed before a District Judge and consent to have a United States Magistrate Judge preside over voir dire and jury selection. __________________________________ _______________________________________ Defendant Attorney for Defendant __________________________________ Assistant United States Attorney ORDER TO PROCEED BEFORE A MAGISTRATE JUDGE FOR JURY SELECTION Upon the parties’ consent, the District Judge hereby refers this case to the Magistrate Judge for voir dire and jury selection pursuant to 28 U.S.C. § 636(b)(3). IT IS SO ORDERED. Signed at Laredo, Texas this ____ day of ___________________________. _______________________ Diana Saldaña United States District Judge United States District Judge ______________________ Marina Garcia Marmolejo
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA CRIMINAL ACTION NO. VERSUS - - - - - - - - - - - - - - - EXHIBIT LIST JUDGE MARINA GARCIA MARMOLEJO CASE MANAGER: ANGIE TREVIÑO LIST OF PROCEEDING: DATE(S): Q GOVERNMENT Q DEFENDANT DESCRIPTION OBJ ADM NOT DATE ADM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA CRIMINAL ACTION NO. VERSUS - - - - - - - - - - - - - - - WITNESS LIST JUDGE MARINA GARCIA MARMOLEJO CASE MANAGER: ANGIE TREVIÑO LIST OF PROCEEDING: DATE(S): Q GOVERNMENT Q DEFENDANT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS Motion and Order for Admission Pro Hac Vice Division Case Number vs. Lawyer’s Name Firm Street City & Zip Code Telephone & Email Licensed: State & Number Federal Bar & Number Name of party applicant seeks to appear for: Has applicant been sanctioned by any bar association or court? Yes No On a separate sheet for each sanction, please supply the full particulars. Dated: Signed*: *I understand that the Court requires strict compliance with the Local Rules for the Southern District of Texas and the Court Procedures for District Judge Garcia Marmolejo, which are applicable to cases assigned to Judge Garcia Marmolejo. The rules are available by visiting the Court’s website. The state bar reports that the applicant’s status is: Dated: Clerk’s signature Order Granting Motion for Admission Pro Hac Vice This lawyer is admitted pro hac vice. Dated: Marina Garcia Marmolejo United States District Judge
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. DEFENDANT ' ' ' ' ' CRIMINAL ACTION NO. 5:xx-CR-xxx ORDER Pending before the Court is Defendant=s Motion to Extend Time to File Objections to the Pre-Sentence Investigation Report. After reviewing the motion is DENIED. GRANTED. The Court hereby Orders the Objections to the Pre-Sentence Investigation report be filed by ___________, 201___ at 5:00 p.m. SIGNED this _____ day of ________, 201__. _______________________________ Marina Garcia Marmolejo United States District Judge
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. DEFENDANT ' ' ' ' ' CRIMINAL ACTION NO. 5:xx-CR-xxx ORDER Pending before the Court is Defendant=s Motion to Continue the Final Pre-Trial Conference. The Court has reviewed the motion, and the motion is DENIED. GRANTED. The Court hereby Orders Defendant’s final pre-trial conference be set for ___________, 201___ at __:___ __.m. SIGNED this _____ day of ________, 201__. _______________________________ Marina Garcia Marmolejo United States District Judge
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. DEFENDANT ' ' ' ' ' CRIMINAL ACTION NO. 5:xx-CR-xxx ORDER Pending before the Court is Defendant=s Motion to Continue Sentencing. The Court has reviewed the motion, and the motion is DENIED. GRANTED. The Court hereby Orders that Defendant’s sentencing will be rescheduled for ___________, 201___ at __:___ __.m. SIGNED this _____ day of ________, 201__. _______________________________ Marina Garcia Marmolejo United States District Judge
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. VELMA CARRILLO § § § § § CRIMINAL ACTION NO. 5:19-CR-0476-2 ORDER Pending before the Court is Defendant’s Motion to Substitute Counsel in the above-captioned case. Defendant’s Motion is hereby GRANTED and Marc A. Gonzalez is substituted as counsel for Defendant with the express understanding that any settings and existing deadlines in this case remain in effect. Counsel’s recent substitution as attorney of record is not a basis for a continuance or extension of current settings. Attorney Javier Guzman is relieved of his duty to further represent Defendant. It is so ORDERED. SIGNED this _____ day of August, 2019. ___________________________________ Marina Garcia Marmolejo United States District Judge
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. _______________________________ § § § § § CRIMINAL ACTION NO. 5:__-CR-__ WAIVER OF RIGHTS AND CONSENT TO SENTENCING BY VIDEOCONFERENCE I have been informed of my right to appear in person before a United States District Judge for sentencing.1 I have discussed the implications of waiving this right with my attorney, and I understand the consequences of this waiver. I knowingly, intelligently, and voluntarily waive my right to be sentenced in person. I consent to the Court sentencing me via videoconference. I knowingly, intelligently, and voluntarily waive my right to appeal or collaterally challenge my sentence based on the fact I was sentenced via videoconference. Nobody, including my attorney, has insisted upon, coerced, or improperly influenced me in my decision. I have not been promised a specific sentence in exchange for this waiver. Signed this ______ day of ____________________. ___________________________________ Defendant’s Signature ___________________________________ Signature of Defendant’s Attorney 1 The CARES Act authorization for video conferencing in criminal proceedings is no longer in place. See S.D. Tex. Gen. Order 2023-8. However, safety, judicial economy, and convenience for all parties merits the continued use of remote proceedings on a case-by-case basis, with the Defendant’s consent.
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TRIBUNAL DISTRITAL DE LOS ESTADOS UNIDOS DISTRITO SUREÑO DE TEXAS DIVISIÓN DE LAREDO ESTADOS UNIDOS DE AMÉRICA VS. _______________________________________ § § § § § CAUSA PENAL NO. 5: -CR-____ RENUNCIA DE DERECHOS Y CONSENTIMIENTO PARA SER SENTENCIADO A TRAVÉS DE VIDEOCONFERENCIA Se me ha informado de mi derecho de comparecer en persona ante un Juez Distrital de los Estados Unidos para la audiencia de imposición de sentencia.1 He considerado con mi abogado lo que implica renunciar a este derecho y comprendo las consecuencias de tal renuncia. Renuncio a sabiendas, con pleno uso de mis facultades mentales y de mi propia libre voluntad, al derecho de ser sentenciado presencialmente. Doy mi consentimiento para ser sentenciado a través de videoconferencia. Renuncio a sabiendas, con pleno uso de mis facultades mentales y de mi propia libre voluntad, al derecho de apelar o de apelar indirectamente la sentencia, por haber sido sentenciado a través de videoconferencia. Nadie, ni siquiera mi abogado, me ha insistido, coaccionado o influenciado indebidamente en la toma de mi decisión. No se me ha prometido ninguna sentencia en particular a cambio de esta renuncia. Firmado con fecha de ___________________________. __________________________________________________ Firma del Acusado __________________________________________________ Firma del Abogado Defensor 1 Ya no está en vigor la autorización en base a la Ley CARES para llevar a cabo procedimientos penales a través de videoconferencia. Véase S.D. Tex. Gen. Order 2023-8. Sin embargo, por razones de seguridad, economía procesal y la conveniencia de todas las partes involucradas, se amerita el uso continuo de los procedimientos a distancia conforme a las peculiaridades de cada caso y con el consentimiento del acusado.
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AO 466 (Rev. 12/17) Waiver of Rule 32.1 Hearing (Violation of Probation or Supervised Release) UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. Charging District’s Case No. WAIVER OF RULE 32.1 HEARING (Violation of Probation or Supervised Release) I understand that I have been charged with violating the conditions of probation or supervised release in a case pending in another district, the (name of other court) . I have been informed of the charges and of my rights to: (1) (2) (3) (4) (5) retain counsel or request the assignment of counsel if I am unable to retain counsel; an identity hearing to determine whether I am the person named in the charges; production of certified copies of the judgment, warrant, and warrant application, or reliable electronic copies of them if the violation is alleged to have occurred in another district; a preliminary hearing to determine whether there is probable cause to believe a violation occurred if I will be held in custody, and my right to have this hearing in this district if the violation is alleged to have occurred in this district; and a hearing on the government’s motion for my detention in which I have the burden to establish my eligibility for release from custody. I agree to waive my right(s) to: ’ ’ ’ ’ an identity hearing and production of the judgment, warrant, and warrant application. a preliminary hearing. a detention hearing. an identity hearing, production of the judgment, warrant, and warrant application, and any preliminary or detention hearing to which I may be entitled in this district. I request that my ’ preliminary hearing and/or ’ detention hearing be held in the prosecuting district, at a time set by that court. I consent to the issuance of an order requiring my appearance in the prosecuting district where the charges are pending against me. Date: Defendant’s signature Signature of defendant’s attorney Printed name of defendant’s attorney
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AO 466A (Rev. 12/17) Waiver of Rule 5 & 5.1 Hearings (Complaint or Indictment) UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. Charging District’s Case No. WAIVER OF RULE 5 & 5.1 HEARINGS (Complaint or Indictment) I understand that I have been charged in another district, the (name of other court) . I have been informed of the charges and of my rights to: (1) (2) (3) (4) (5) (6) retain counsel or request the assignment of counsel if I am unable to retain counsel; an identity hearing to determine whether I am the person named in the charges; production of the warrant, a certified copy of the warrant, or a reliable electronic copy of either; a preliminary hearing to determine whether there is probable cause to believe that an offense has been committed, to be held within 14 days of my first appearance if I am in custody and 21 days otherwise, unless I have been indicted beforehand. a hearing on any motion by the government for detention; request a transfer of the proceedings to this district under Fed. R. Crim. P. 20, to plead guilty. I agree to waive my right(s) to: ’ ’ ’ ’ an identity hearing and production of the warrant. a preliminary hearing. a detention hearing. an identity hearing, production of the judgment, warrant, and warrant application, and any preliminary or detention hearing to which I may be entitled in this district. I request that my ’ preliminary hearing and/or ’ detention hearing be held in the prosecuting district, at a time set by that court. I consent to the issuance of an order requiring my appearance in the prosecuting district where the charges are pending against me. Date: Defendant’s signature Signature of defendant’s attorney Printed name of defendant’s attorney