Judge 
Party 
Law Firm USA v. Kelly
4:22-cr-00601 | Arizona District Court
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Division
Tucson
Judge
Judge Rosemary Marquez
Filed
March 31, 2022
Terminated
Oct. 2, 2022
Case Flags
CASREF
Magistrate
Magistrate Judge Maria S Aguilera
Last Updated: 2 months, 4 weeks ago
Show Interactive Timeline
| Filing Date | # | Docket Text |
|---|---|---|
| 10/2/2022 | 48 | JUDGMENT AND COMMITMENT ISSUED as to Kevin Lamar Kelly. The defendant is committed to the custody of the Bureau of Prisons for a term of 13 months with credit for time served. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. The defendant shall pay a special assessment of $100.00. (See attached PDF for complete information). Signed by Judge Rosemary Marquez on September 29, 2022. (SGF) (Entered: 10/02/2022) |
| 9/29/2022 | 46 | MINUTE ENTRY for Sentencing, as to Kevin Lamar Kelly, held September 29, 2022, before Judge Rosemary Marquez. Thereafter, the Court FINDS AS MOOT the Petition to Revoke Pretrial Release (Doc. 30 ). Sentence imposed. Judgment to issue. Appearances: Michah Schmit (AUSA) for Brian Hopkins for the government. Henry Jacobs (CJA Attorney) for the defendant who is present and released. Court reporter: Tracy Jamieson. Hearing held from 11:35 a.m. to 11:49 a.m. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF) (Entered: 09/30/2022) |
| 9/23/2022 | 43 | SENTENCING MEMORANDUM by USA as to Kevin Lamar Kelly. (Hopkins, Brian) (Entered: 09/23/2022) |
| 9/20/2022 | 45 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS HEARING proceedings as to Kevin Lamar Kelly held on 09/07/2022, before Magistrate Judge MARIA S. AGUILERA. [Transcriber: ERICA R. McQUILLEN, Telephone number (520) 205-4267]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 10/21/2022. Redacted Transcript Deadline set for 10/31/2022. Release of Transcript Restriction set for 12/29/2022. (RAP) (Entered: 09/30/2022) |
| 9/20/2022 | 41 | TRANSCRIPT REQUEST by USA as to Kevin Lamar Kelly for proceedings held on 09/07/2022, Magistrate Judge Maria S Aguilera hearing judge(s). (Hopkins, Brian) (Entered: 09/20/2022) |
| 9/19/2022 | 40 | SENTENCING MEMORANDUM by Kevin Lamar Kelly. (Attachments: # 1 Attachment A)(Jacobs, Henry) (Entered: 09/19/2022) |
| 9/7/2022 | 39 | MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Status Conference as to Kevin Lamar Kelly held on 9/7/2022. Defense counsel states Defendant was hospitalized during the dates of alleged violations and medical records will be forwarded to Pretrial Services and Government; therefore, Defense counsel moves to vacate this matter. The Court sets this matter for a Status Conference re: Pretrial Violation as set below. Should Defense counsel require an Evidentiary Hearing on the Petition to Revoke, Defense counsel shall contact this Court to set same. Appearances: AUSA, Brian Hopkins for the Government; CJA Attorney, Henry Jacobs for Defendant. Defendant is present and released. Interpreter N/A. Status Conference re: Pretrial Violation set for 9/29/2022 at 11:15 AM before Judge Rosemary Marquez. (Recorded by COURTSMART.) Hearing held 3:07 PM to 3:13 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) (Entered: 09/08/2022) |
| 8/24/2022 | 37 | ORDER granting 36 Motion to Continue Admit/Deny Hearing as to Kevin Lamar Kelly (1). Admit/Deny Hearing set for 8/25/2022 is VACATED and RESET for 9/7/2022 at 03:00 PM in Courtroom 5E, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Maria S Aguilera. Signed by Magistrate Judge Maria S Aguilera on 08/24/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LRG) (Entered: 08/24/2022) |
| 8/24/2022 | 36 | First MOTION to Continue Admit/Deny Hearing by Kevin Lamar Kelly. (Jacobs, Henry) (Entered: 08/24/2022) |
| 8/17/2022 | 35 | MINUTE ENTRY for proceedings held before Magistrate Judge Leslie A Bowman: Initial Appearance - Pretrial Release Revocation Hearing as to Kevin Lamar Kelly held on 8/17/2022. The petition is to be unsealed. A denial of allegations is entered on behalf of the defendant. Without objection, defendant shall remain released on previously ordered conditions of release. The Court affirms Sentencing set for 9/29/2022 at 11:15 AM before Judge Marquez. Appearances: AUSA Mary Sue Feldmeier, attorney on duty for the Government, CJA Attorney Saul Huerta for Henry Jacobs for defendant. Defendant is present and released. Admit/Deny Hearing set for 8/25/2022 at 01:45 PM before Magistrate Judge Maria S Aguilera. (Recorded by COURTSMART.) Hearing held 2:13 PM to 2:54 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SIB) (Entered: 08/18/2022) |
| 8/15/2022 | 34 | ORDER denying 33 Motion to Continue Initial Appearance as to Kevin Lamar Kelly (1). Initial appearance will remain on the Court's calendar for 8/17/2022 at 2:00 PM before Magistrate Judge Bowman. Signed by Magistrate Judge Maria S Aguilera on 08/15/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LRG) (Entered: 08/15/2022) |
| 8/15/2022 | 33 | First MOTION to Continue Initial Appearance Hearing by Kevin Lamar Kelly. (Jacobs, Henry) (Entered: 08/15/2022) |
| 8/2/2022 | 32 | Summons Returned Executed on 8/2/2022 as to Kevin Lamar Kelly. (ARC) (Entered: 08/05/2022) |
| 7/27/2022 | 30 | PETITION TO REVOKE PRETRIAL RELEASE as to Kevin Lamar Kelly. (cc: PTS, USMS, AUSA). (KAH) Modified on 8/19/2022 to unseal per Doc. 35 (KAH). (Entered: 07/28/2022) |
| 7/11/2022 | 29 | The Court has reviewed the defendant's Motion to Continue Sentencing (Doc. 28 ). There being no objection by the government, and good cause appearing, IT IS ORDERED GRANTING the defendant's motion. Sentencing, as to Kevin Lamar Kelly, is continued to SEPTEMBER 29, 2022, at 11:15 A.M. before this Court. Ordered by Judge Rosemary Marquez. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(DEG) (Entered: 07/11/2022) |
| 7/11/2022 | 28 | Second MOTION to Continue Sentencing by Kevin Lamar Kelly. (Jacobs, Henry) (Entered: 07/11/2022) |
| 4/29/2022 | 27 | The Court has reviewed the defendant's Motion to Continue Sentencing (Doc. 26 ). There being no objection by the government, and good cause appearing, IT IS ORDERED GRANTING the defendant's motion. Sentencing, as to Kevin Lamar Kelly, is continued to AUGUST 17, 2022, at 11:15 A.M. before this Court. Ordered by Judge Rosemary Marquez. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(DEG) (Entered: 04/29/2022) |
| 4/28/2022 | 26 | First MOTION to Continue Sentencing by Kevin Lamar Kelly. (Jacobs, Henry) (Entered: 04/28/2022) |
| 4/18/2022 | 25 | The District Court has reviewed the Findings and Recommendation of the Magistrate Judge (Doc. 23 ) and no objections have been filed. Therefore, IT IS ORDERED the Findings and Recommendation of the Magistrate Judge are adopted, and this Court accepts the PLEA OF GUILTY by the defendant, Kevin Lamar Kelly. Ordered by Judge Rosemary Marquez. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (SGF) (Entered: 04/18/2022) |
| 4/1/2022 | 24 | ORDER granting 22 Stipulation and Joint Motion for Release of Material Witness Without Taking Video Deposition as to Kevin Lamar Kelly. Signed by Magistrate Judge Maria S Aguilera on 3/31/2022.(CXE) (Entered: 04/01/2022) |
| 4/1/2022 | 23 | MAGISTRATE JUDGE FINDINGS & RECOMMENDATION UPON A PLEA OF GUILTY as to Kevin Lamar Kelly. Signed by Magistrate Judge Maria S Aguilera on 3/31/2022.(CXE) (Entered: 04/01/2022) |
| 3/31/2022 | 22 | STIPULATION and Joint Motion for Release of Material Witness Without Taking Video Deposition by USA as to Kevin Lamar Kelly. (CXE) (Entered: 04/01/2022) |
| 3/31/2022 | 21 | PLEA AGREEMENT as to Kevin Lamar Kelly. (CXE) (Entered: 04/01/2022) |
| 3/31/2022 | 20 | MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Arraignment and Change of Plea Hearing as to Kevin Lamar Kelly held on 3/31/2022. Defendant sates true name to be the same and has further authorized Defense counsel to sign the Waiver of Indictment, Consent, Plea Agreement, and Stipulation and Joint Motion for Release of Material Witness Without Taking Video Deposition. Defendant enters plea of guilty as to the Information. Agreement filed. THE COURT ORDERS the Trial date and pending hearings VACATED. Pending motions are rendered moot. Prior release orders are AFFIRMED. The Court directs the US Probation Office to prepare a Presentence Report. The Court grants the parties' stipulation and Order Releasing Material Witness is signed this date. The Video Deposition set for 4/5/2022 at 8:30 a.m. is hereby vacated. Appearances: AUSA, Brian Hopkins for the Government; CJA Attorney, Henry Jacobs for Defendant. Defendant is present and released. Interpreter N/A. Sentencing set for 6/22/2022 at 9:30 AM before Judge Rosemary Marquez. (Recorded by COURTSMART.) Hearing held 2:20 PM to 2:34 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) (Entered: 04/01/2022) |
| 3/31/2022 | 19 | CONSENT OF DEFENDANT Kevin Lamar Kelly for Guilty Plea Hearing before a United States Magistrate Judge. (CXE) (Entered: 04/01/2022) |
| 3/31/2022 | 17 | INFORMATION - Felony as to Kevin Lamar Kelly (1) count(s) 1. (CXE) (Entered: 04/01/2022) |
| 3/31/2022 | 16 | WAIVER OF INDICTMENT by Kevin Lamar Kelly. (CXE) (Entered: 04/01/2022) |
| 3/30/2022 | 14 | LODGED Proposed Consent Form by Kevin Lamar Kelly. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted.. (Jacobs, Henry) [4:22-mj-04339-N/A-MSA] (Entered: 03/30/2022) |
| 3/29/2022 | 13 | Defense Counsel having contacted the court, IT IS ORDERED, as to Kevin Lamar Kelly, Change of Plea Hearing set for 3/31/2022 at 01:45 PM in Courtroom 5A, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Maria S Aguilera. Ordered by Magistrate Judge Maria S Aguilera.(LRG)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:22-mj-04339-N/A-MSA] (Entered: 03/29/2022) |
| 3/29/2022 | 12 | LODGED Proposed Plea/Information/Stipulation/Order/Waiver by Kevin Lamar Kelly. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted.. (Jacobs, Henry) [4:22-mj-04339-N/A-MSA] (Entered: 03/29/2022) |
| 3/29/2022 | 11 | NOTICE OF CHANGE OF PLEA HEARING set for 03/31/2022 at 1:45 p.m. by Kevin Lamar Kelly. (Jacobs, Henry) [4:22-mj-04339-N/A-MSA] (Entered: 03/29/2022) |
| 3/23/2022 | 10 | NOTICE OF ASSIGNMENT: 22-WI-176-RM (MSA). Proposed felony information and waiver submitted by AUSA as to defendant Kevin Lamar Kelly. (MSO) [4:22-mj-04339-N/A-MSA] (Entered: 03/23/2022) |
| 3/15/2022 | 9 | ORDER granting 8 Motion for Hearing as to Kevin Lamar Kelly (1). A Status Conference is set for 3/31/2022 at 1:45 PM in Courtroom 6A, before Magistrate Judge Maria S Aguilera. Signed by Magistrate Judge Maria S Aguilera on 3/14/22. (See attached Order for complete details)(JAM) [4:22-mj-04339-N/A-MSA] (Entered: 03/15/2022) |
| 3/13/2022 | 8 | MOTION for Hearing re: STATUS CONFERENCE by USA as to Kevin Lamar Kelly. (Hopkins, Brian) [4:22-mj-04339-N/A-MSA] (Entered: 03/13/2022) |
| 3/9/2022 | 7 | ORDER Setting Conditions of Release as to Kevin Lamar Kelly. Signed by Magistrate Judge Maria S Aguilera on 3/9/2022.(CXE) [4:22-mj-04339-N/A-MSA] (Entered: 03/10/2022) |
| 3/9/2022 | 6 | MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Initial Appearance, Detention Hearing and Preliminary Hearing as to Kevin Lamar Kelly held on 3/9/2022. The Court takes judicial notice of the Pretrial Services' report, finds the Defendant indigent, and appoints CJA attorney, Henry Jacobs as counsel for Defendant. Defendant, after consultation with counsel has consented to appear by VTC this date. Under Criminal Rule 5(f), the Government is ordered to comply with its disclosure obligations under Brady v. Maryland and related cases. Failure to do so may result in sanctions. Defendant states true name to be the same. Pretrial Services recommends release. Government states concerns regarding release; however, will not oppose to the Defendant's release. There being no objection, the Court follows the recommendation by Pretrial Services and Defendant is ordered released on his own recognizance with conditions. Defendant is advised on the record and has further authorized Defense counsel to sign the Order Setting Conditions of Release on his behalf. Defendant is advised of the date and time of the Material Witness Video Deposition. The Preliminary Hearing is waived. Finding: Defendant held to answer before District Court. The Magistrate case referral is Judge Aguilera. Interpreter required for Kevin Lamar Kelly (1) N/A-English. |
| 3/9/2022 | 4 | NOTICE OF VIDEO DEPOSITION HEARING, AS TO DATE, TIME AND LOCATION by USA as to Kevin Lamar Kelly. (CXE) [4:22-mj-04339-N/A-MSA] (Entered: 03/09/2022) |
| 3/9/2022 | 3 | MINUTE ENTRY for proceedings held before Magistrate Judge Maria S Aguilera: Initial Appearance for Material Witness in case as to Kevin Lamar Kelly held on 3/9/2022. Material Witness is present via VTC with consent and in custody. AFPD, Nancy Arce is present and appointed as counsel for the material witness. The Court notes the Video Deposition is scheduled for 4/5/2022 at 8:30 a.m. in the Grand Jury Room. (Recorded by COURTSMART.)(Please see attached PDF minute entry for complete hearing details.) Hearing held 1:21 PM to 1:31 PM.(CXE) [4:22-mj-04339-N/A-MSA] (Entered: 03/09/2022) |
| 3/9/2022 | 2 | ORDER: Under federal law, including Rule 5(f) of the Federal Rules of Criminal Procedure, Brady v. Maryland, 373 U.S. 83 (1963), and all applicable decisions from the Supreme Court and the Ninth Circuit interpreting Brady, the government has a continuing obligation to produce all information or evidence known to the government relating to guilt or punishment that might reasonably be considered favorable to the defendant's case, even if the evidence is not admissible so long as it is reasonably likely to lead to admissible evidence. See United States v. Price, 566 F.3d 900,913 n.14 (9th Cir. 2009). Accordingly, the court orders the government to produce to the defendant in a timely manner all such information or evidence. Information or evidence may be favorable to a defendant's case if it either may help bolster the defendant's case or impeach a prosecutor's witness or other government evidence. If doubt exists, it should be resolved in favor of the defendant with full disclosure being made. If the government believes that a required disclosure would compromise witness safety, victim rights, national security, a sensitive law-enforcement technique, or any other substantial government interest, the government may apply to the Court for a modification of the requirements of this Disclosure Order, which may include in camera review and/or withholding or subjecting to a protective order all or part of the information. This Disclosure Order is entered under Rule 5(f) and does not relieve any party in this matter of any other discovery obligation. The consequences for violating either this Disclosure Order or the government's obligations under Brady include, but are not limited to, the following: contempt, sanction, referral to a disciplinary authority, adverse jury instruction, exclusion of evidence, and dismissal of charges. Nothing in this Disclosure Order enlarges or diminishes the government's obligation to disclose information and evidence to a defendant under Brady, as interpreted and applied under Supreme Court and Ninth Circuit precedent. As the Supreme Court noted, "the government violates the Constitution's Due Process Clause 'if it withholds evidence that is favorable to the defense and material to the defendant's guilt or punishment."' Turner v. United States, 137 S. Ct. 1885, 1888 (2017), quoting Smith v. Cain, 565 U.S. 73, 75 (2012). Ordered by Magistrate Judge Maria S Aguilera.(ALS)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) [4:22-mj-04339-N/A-MSA] (Entered: 03/09/2022) |
| 3/8/2022 | 1 | COMPLAINT as to Kevin Lamar Kelly. (ALS) [4:22-mj-04339-N/A-MSA] (Entered: 03/09/2022) |
| 3/7/2022 | Arrest of Kevin Lamar Kelly on 3/7/2022. (ALS) [4:22-mj-04339-N/A-MSA] (Entered: 03/09/2022) |
