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Hon. view home page · U.S. District Court for the Southern District of Texas

Role: Magistrate Judge

Bluebook Citation: Hon. view home page, Individual Practices, U.S. District Court for the Southern District of Texas

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AO 458 (Rev. 06/09) Appearance of Counsel UNITED STATES DISTRICT COURT for the __________ District of __________ Plaintiff v. Defendant Case No. APPEARANCE OF COUNSEL To: The clerk of court and all parties of record I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for: Date: . Attorney’s signature Printed name and bar number Address E-mail address Telephone number FAX number

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION UNITED STATES OF AMERICA VS § § § § CRIMINAL NO. CONSENT TO ADMINISTRATION OF GUILTY PLEA AND FED.R.CRIM.P. 11 ALLOCUTION BY UNITED STATES MAGISTRATE JUDGE I, , the defendant in the above-numbered and styled cause, with the advice and consent 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 , 2014. Defendant Attorney for Defendant Assistant United States Attorney

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AO 86A (Rev. 01/09) Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case 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 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: The state bar reports that the applicant’s status is: . Dated: Clerk’s signature: Order This lawyer is admitted pro hac vice. Dated: United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION UNITED STATES OF AMERICA vs ______________________________ § § § Criminal No. DEFENDANT’S WRITTEN WAIVER OF ARRAIGNMENT Pursuant to Federal Rule of Criminal Procedure 10(b), the undersigned Defendant, affirming that he/she has been charged via indictment and has received a copy thereof, HEREBY pleads not guilty to the charged contained therein, requests a trial by jury, and waives appearance at the arraignment scheduled in this case for ____________________________, 2023. __________________________ Printed Name of Defendant __________________________ Printed Name of Attorney _______________________________ Signature of Defendant _______________________________ Signature Attorney for Defendant ORDER Based on the affirmations contained in Defendant’s Written Waiver of Arraignment above, the Court HEREBY Accepts Defendant’s waiver, excuses his/her attendance at the arraignment scheduled in this case and ORDERS that this case be removed from the list of arraignments scheduled for _____________________________, 2023. DONE at Brownsville, Texas this _______ day of _____________________, 2023. _______________________ Ignacio Torteya, III United States Magistrate Judge 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 24 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. Respectfully submitted, this ________ day of ___________________, 2023.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION UNITED STATES OF AMERICA § § § § § WAIVER OF DETENTION HEARING Case No. _______________________ Defendant is currently detained in the Southern District of Texas pending the above-styled cause of action. After careful consideration, Defendant wishes to waive the right to a detention hearing pursuant to Title 18 U.S.C. § 3142. ___________________________ Defendant ___________________________ Counsel for Defendant DATE: ___________________________

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION UNITED STATES OF AMERICA VS § § § § § WAIVER OF PRELIMINARY EXAMINATION (Rule 5, Fed.R.Crim.P.) Case No. ________________________ I, , charged in a complaint pending in this District with __________________________________________________________________ in violation of , and having appeared before this Court and been advised of my rights as required by Rule 5, Fed.R.Crim.P., including my right to have a preliminary examination, do hereby waive my right to a preliminary examination. _________________________ Defendant _________________________ Counsel for Defendant DATE: _________________________

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION UNITED STATES OF AMERICA VS WAIVER OF PRELIMINARY EXAMINATION FOR REVOCATION PROCEEDINGS ______________________________ CASE NO.__________________________ I, , charged in a Petition on Probation/Supervised Release pending in this District with violating conditions of probation/supervised release imposed by the Court, and having appeared before this Court and been advised of my rights as required by Rule 5, Fed.R.Crim.P., including my right to have a preliminary examination pursuant to Rule 32.1 Fed.R.Crim.P., do hereby waive my right to a preliminary examination on this Petition. _______________________________ Defendant _______________________________ Counsel for Defendant DATE: _______________________________

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION UNITED STATES OF AMERICA vs. _____________________________________ § § § § § Case No: ______________________ WAIVER OF RIGHTS AND CONSENT TO PLEA BY VIDEO OR TELEPHONE CONFERENCE I acknowledge that I have a right to appear before a judge in person when pleading guilty. I further acknowledge that I may waive the right to plead guilty in person before the judge, under Federal Rule of Criminal Procedure 43(c). I have discussed the implications of waiving these rights with my attorney, and I understand the consequences of such a waiver. I am choosing to knowingly, intelligently, and voluntarily waive my rights to plead guilty in person. I consent to the Court accepting my guilty plea via video conferencing, or telephone conferencing if video conferencing is not reasonably available. I am waiving my rights and consenting of my own free will and volition. Nobody, including my attorney, has insisted upon, coerced, or improperly influenced me in my decision to waive my rights and consent to a guilty plea via video conferencing, or telephone conferencing if video conferencing is not reasonably available. Executed this ______ day of ____________________, 2020, in __________________, Texas. Defendant Defense Counsel

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TRIBUNAL DE DISTRITO DE LOS ESTADOS UNIDO DISTRITO SUR DE TEXAS DIVISION BROWNSVILLE LOS ESTADOS UNIDOS DE AMÉRICA vs. ___________________________________ § § § § § No. de caso: ______________ RENUNCIA DE DERECHOS Y CONSENTIMIENTO PARA CONTESTACIÓN DE CARGOS POR VIDEOCONFERENCIA O CONFERENCA TELEFONICA Reconozco que tengo el derecho de comparecer frente a un juez en persona cuando me declaro culpable. Asimismo, reconozco que puedo renunciar al derecho de declararme culpable en persona frente a un juez, en conformidad a la Regla Federal de Procedimiento Penal 43(c). He consultado con mi abogado en cuanto a las implicaciones de renunciar a estos derechos, y entiendo las consecuencias de dicha renuncia. Elijo a sabiendas, inteligente y voluntariamente renunciar a mis derechos de contestar ser culpable en persona. Doy mi consentimiento para que el juez acepte mi contestación de culpabilidad por videoconferencia o por conferencia telefónica en caso de que la videoconferencia no esté prontamente disponible. Renunció mis derechos y doy mi consentimiento de mi propia y libre voluntad. Nadie, inclusive mi abogado, me ha insistido, obligado o influenciado indebidamente para tomar mi decisión de renunciar a mis derechos y consentir a mi contestación de culpabilidad por videoconferencia o por conferencia telefónica en caso de que la videoconferencia no esté prontamente disponible. Firmado este _______ día de _______________, de 2020 en __________________, Texas. _____________________________________________ Acusado _____________________________________________ Abogado del Acusado

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AO 466 (Rev. 01/12) 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 those hearings 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. 12/09) 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)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:17) 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 within 14 days of my first appearance if I am in custody and 21 days otherwise — unless I am indicted — to determine whether there is probable cause to believe that an offense has been committed; a hearing on any motion by the government for detention; request 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 warrant, and any preliminary or detention hearing to which I may be entitled in this district. I request that those hearings 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 BROWNSVILLE DIVISION UNITED STATES OF AMERICA § § V § Criminal 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 July l, l980, which was promulgated pursuant to Rule 50(b), Federal Rules of Criminal Procedures and the Speedy Trial Act of l974, as amended, Title l8, United States Code, Section 3l61. In filing this waiver, I am fully aware that criminal matters are to be given preference on the Court's docket and the above plan requires that my trial commence within 70 days from the filing date of the indictment or information, or from the date of my initial appearance before a judicial officer, whichever date last occurs. Further, I am fully aware that failure of the court to comply with the time limits set forth by the above plan without 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

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