USA v. Kelly

4:22-mj-04339 | Arizona District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Tucson
Filed March 8, 2022
Terminated March 31, 2022
Case Flags CASREF and MAG-TERMED
Last Updated: 2 months, 4 weeks ago Show Interactive Timeline
Filing Date # Docket Text
3/31/2022Magistrate case defendant Kevin Lamar Kelly and Material Witness moved to criminal case: CR-22-00601-RM-MSA. Pending deadlines, motions, and excludables terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) (Entered: 04/01/2022)
3/30/2022LODGED 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) (Entered: 03/30/2022)
3/29/202213Defense 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.) (Entered: 03/29/2022)
3/29/2022LODGED 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) (Entered: 03/29/2022)
3/29/2022 NOTICE OF CHANGE OF PLEA HEARING set for 03/31/2022 at 1:45 p.m. by Kevin Lamar Kelly. (Jacobs, Henry) (Entered: 03/29/2022)
3/23/2022NOTICE OF ASSIGNMENT: 22-WI-176-RM (MSA). Proposed felony information and waiver submitted by AUSA as to defendant Kevin Lamar Kelly. (MSO) (Entered: 03/23/2022)
3/15/2022
  • OrderGranted
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) (Entered: 03/15/2022)
3/13/2022
  • Motion
MOTION for Hearing re: STATUS CONFERENCE by USA as to Kevin Lamar Kelly. (Hopkins, Brian) (Entered: 03/13/2022)
3/9/2022
  • Order
ORDER Setting Conditions of Release as to Kevin Lamar Kelly. Signed by Magistrate Judge Maria S Aguilera on 3/9/2022.(CXE) (Entered: 03/10/2022)
3/9/20226MINUTE 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.

Appearances: AUSA, Adam Rossi, attorney on duty for the Government; CJA Attorney, Henry Jacobs for Defendant. Defendant is present via VTC and in custody. Interpreter N/A. (Recorded by COURTSMART.) Hearing held 2:29 PM to 3:28 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) (Entered: 03/10/2022)

3/9/2022NOTICE OF VIDEO DEPOSITION HEARING, AS TO DATE, TIME AND LOCATION by USA as to Kevin Lamar Kelly. (CXE) (Entered: 03/09/2022)
3/9/2022MINUTE 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) (Entered: 03/09/2022)
3/9/20222
  • Order
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.) (Entered: 03/09/2022)

3/8/2022
  • Complaint
COMPLAINT as to Kevin Lamar Kelly. (ALS) (Entered: 03/09/2022)
3/7/2022Arrest of Kevin Lamar Kelly on 3/7/2022. (ALS) (Entered: 03/09/2022)