Civil Court Procedures; Criminal Court Procedures; view; view; view; view; view; view; view; view; view; view; view; view; view; view; view; view

=== 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

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. § § § § § AFFIDAVIT FOR MATERIAL WITNESS BEFORE ME, the undersigned authority, personally came and appeared the undersigned Agent, who being first duly sworn, deposed, and said: Testimony of the following person(s) is material in criminal proceedings against the defendant(s) named above. Designation and detention as material witnesses under 18 U.S.C. Section 3144 is requested for: These material witness(es) are citizen(s) of ________________________, and have admitted belonging to a class of aliens who are deportable, and to being illegally within the United States. Should they be released and returned to their native country, they will likely not be subject to be subpoenaed to the United States. Thus, it would be impracticable to secure their presence at such time as the case is called for trial so we request they be held as material witnesses. Agent Signature: Printed Name and Title: ____________________________________ ____________________________________ It is ORDERED that each of the above material witnesses this day brought before me, be committed to the custody of the United States Marshal=s Service on a $25,000 cash or surety bond, pending disposition of the above captioned case, at which time the United States Marshal=s Service shall release each witness from custody upon notice and request from the United States Attorney=s Office, Southern District of Texas, Laredo Division. Service of a United States Department of Justice Form OBD-3 (AFact Witness Voucher@) from the United States Attorney=s Office in Laredo, Texas, to the United States Marshal=s Service office in Laredo, Texas, regarding each material witness to be released shall satisfy such notice and request. Form revised 8/26/2016

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION § UNITED STATES OF AMERICA § V. § § ___________________________ § CRIMINAL ACTON NO: _______________________ CONSENT TO ADMINISTRATION OF GUILTY PLEA AND FED. R. CRIM. PROC. 11 ALLOCUTION BY UNITED STATES MAGISTRATE JUDGE I, ________________________________________, the defendant in the above-numbered and styled cause, with the advice of my attorney, hereby agree and consent to be advised of my rights and to enter a voluntary plea of guilty before a United States Magistrate Judge. I understand that the plea is subject to the approval of the United States District Court and that sentencing will be conducted by the District Court. SIGNED this _______ day of ___________________, _________. ______________________________ Defendant ______________________________ Attorney for Defendant ______________________________ Assistant United States Attorney

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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 Marina Garcia Marmolejo United States District Judge Senior United States District Judge George P. Kazen

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS United States of America v. Defendant § § § § § CRIMINAL ACTION NO. ____________________ CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE IN A MISDEMEANOR CASE A United States magistrate judge has explained to me the nature of the charges against me and the maximum penalty that may be imposed on each charge if I am found guilty. The magistrate judge has also informed me of my right to a lawyer, my right to a jury trial, and my right to be tried, judged, and sentenced before either a United States district judge or a United States magistrate judge. I consent to being tried before a United States magistrate judge, and I waive my rights to trial, judgment, and sentencing by a United States district judge. Defendant’s signature Waiver of a Right to Trial by Jury I waive my right to a jury trial. The United States consents to the jury-trial waiver: Defendant’s signature Government representative’s signature Government representative’s printed name and title Waiver of a Right to Have 30 Days to Prepare for Trial I waive my right to have 30 days to prepare for trial. Defendant’s signature Printed name of defendant’s attorney (if any) Signature of defendant’s attorney (if any) Date: Approved by: Magistrate Judge’s signature

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS OFFICE OF THE CLERK UNITED STATES OF AMERICA v. _____________________________ § § § ACTION NO. ________________________ § § NOTICE OF APPEAL Notice is hereby given that __________________________________________ appeals to the: _____ United States Court of Appeals for the Fifth Circuit _____ United States District Court for the Southern District of Texas from the: _____ Conviction Only _____ Conviction and Sentence _____ Sentence Only _____ Order (Docket Number _____) entered in this action on _________________, _______. (month and date) (year) __________________________ COUNSEL FOR APPELLANT ADDRESS AND PHONE: ______________________ ______________________ ______________________ __________________________ DATE CERTIFICATE OF SERVICE A true and correct copy of this Notice of Appeal has been conveyed to counsel for Appellee this ____ day of ______, ______, by: ____ mail _____ electronic filing on CM/ECF. SIGNED: __________________________

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS OFFICE OF THE CLERK UNITED STATES OF AMERICA vs. ______________________________ Defendant § § § § CRIMINAL ACTION NO._______________ § § § NOTICE OF NON-APPEAL I am a defendant in this case, and I have now been sentenced. I know that I have the right to appeal to the Court of Appeals. I have discussed my case with my attorney, and I have decided not to pursue an appeal. RENUNCIA A UNA APELACIÓN Siendo el acusado en esta causa, yo he recibido ahora mi sentencia. Yo sé bien que tengo el derecho de apelar esta sentencia a un Tribunal de Apelaciones y yo lo he discutido con mi abogado. Sin embargo, yo he decidido no presentar una apelación. _______________ Date _______________________________ Defendant _______________________________ Attorney for Defendant

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS Motion and Order for Admission Pro Hac Vice Division Laredo 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: 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: Diana Song Quiroga United States Magistrate Judge

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AO 468 (Rev. 01/09) Waiver of a Preliminary Hearing UNITED STATES DISTRICT COURT for the Southern District of Texas United States of America v. Defendant Case No. WAIVER OF A PRELIMINARY HEARING I understand that I have been charged with an offense in a criminal complaint filed in this court, or charged with violating the terms of probation or supervised release in a petition filed in this court. A magistrate judge has informed me of my right to a preliminary hearing under Fed. R. Crim. P. 5, or to a preliminary hearing under Fed. R. Crim. P. 32.1. I agree to waive my right to a preliminary hearing under Fed. R. Crim. P. 5 or Fed. R. Crim. P. 32.1. Date: Defendant’s signature Signature of defendant’s attorney Printed name and bar number of defendant’s attorney Address of defendant’s attorney E-mail address of defendant’s attorney Telephone number of defendant’s attorney FAX number of defendant’s attorney

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AO 455 (Rev. 01/09) Waiver of an Indictment UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. WAIVER OF AN INDICTMENT I understand that I have been accused of one or more offenses punishable by imprisonment for more than one year. I was advised in open court of my rights and the nature of the proposed charges against me. After receiving this advice, I waive my right to prosecution by indictment and consent to prosecution by information. Date: Defendant’s signature Signature of defendant’s attorney Printed name of defendant’s attorney Judge’s signature Judge’s printed name and title

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. __________________________________ § § § § § CRIMINAL ACTION NO. _____________________ DEFENDANT’S WRITTEN WAIVER OF ARRAIGNMENT Pursuant to Federal Rule of Criminal Procedure 10(b), the undersigned Defendant, affirming that s/he has been charged via indictment or misdemeanor information and has received a copy thereof, HEREBY pleads not guilty to the charges contained therein, requests a trial by jury, and waives appearance at the arraignment scheduled in this case for _____________________________ before Magistrate Judge _____________________________________________. Respectfully submitted on ________________________________. __________________________________ ___________________________________ Printed Name of Defendant Signature of Defendant __________________________________ ___________________________________ Printed Name of Attorney Signature of Attorney NOTE: To enter a plea of not guilty and waive appearance at arraignment, file this completed waiver with the court under Waivers, using event Waiver of Presence at Arraignment, no later than 48 hours prior to the scheduled arraignment. When the waiver is properly filed, the Arraignment is automatically canceled and removed from the court’s calendar, and the case will proceed as laid out in the Scheduling Order.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA vs. _______________________________ § § § CRIMINAL ACTION NO. ______________ § § DEFENDANT=S RESPONSE TO NOTICE OF DETENTION HEARING Defendant, ______________________, files this response to the Notice of Detention Hearing which was issued by the Court. After further investigation, Defendant wishes at this time to waive his/her right to the detention hearing, subject to his/her right to bring a motion concerning detention at a later date. Respectfully submitted, _________________________________ DEFENDANT _________________________________ DATE ______________________________ ATTORNEY FOR DEFENDANT

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. _____________________________________ § § § § § CASE NO. ___________________ WAIVER OF REVOCATION OF BOND RELEASE HEARING I understand that I have been charged with violating terms of my pretrial release in a petition filed in this court. A Magistrate Judge has informed me of my right to a revocation of release hearing under the Bail Reform Act, 18 U.S.C. § 3148, I have consulted with my attorney, and I fully understand my right. I agree to waive my right to the bond revocation hearing and I agree to be detained pending trial/sentencing, subject to my right to bring a motion concerning revocation of conditions of release at a later date. Date: ________________ ___________________________________ Defendant’s signature ___________________________________ Signature of Defendant’s attorney ___________________________________ Printed name of Defendant’s attorney

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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

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS OFFICE OF THE CLERK UNITED STATES OF AMERICA VS. ____________________________ § § CRIMINAL ACTION § § NO.______________________ § WAIVER OF SPEEDY TRIAL LIMITS As the defendant in the above captioned cause, I desire to waive my right to be tried within the time limits set forth by the Plan for the United States District Court for the Southern District of Texas, for achieving prompt disposition of criminal cases, dated August 5, 1975, which was promulgated pursuant to Rule 50(b), Federal Rules of Criminal Procedure and the Speedy Trial Act of 1974, Title 18, United States Code, Section 3165(c). In filing this waiver, I am fully aware that criminal matters are to be given preference to the Court=s Docket and the above plan requires that my trial commence within 90 days following the beginning of my continuous federal custody, or within 60 days of my plea of not guilty, if I am not in federal custody. Further, I am fully aware that failure of the Court to comply with the time limits set forth by the above plan without my consent may justify dismissal of this action for unnecessary delay. Lastly, I am fully aware that this Court is not designating a definite time for the trial of my case and is only representing that it is to be tried at the earliest practicable date consistent with other docket requirements. I have consulted with my attorney regarding the waiver of my right to be tried within the trial limits set forth by the above plan and he/she agrees with my decision. _______________ Date _______________________________ Defendant _______________________________ Attorney for Defendant

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. ____________________________ § § CRIMINAL ACTION § § NO.______________________ § WAIVER OF THIRTY DAYS TO PREPARE FOR TRIAL Defendant,_________________________________, accused of _________________ _____________________________________, in violation of Title _______, United States Code, Section _________, hereby waives the thirty days to prepare for trial pursuant to Title 18, United States Code, Section 3161(c)(2). _______________________________ Defendant _______________________________ Counsel for Defendant Date: _________________________