Order Pursuant to the Due Process Protections Act — USA v. Thomas et al. (Dkt. 213, N.D. Ga.)

Summary

Magistrate's Criminal Minutes for an arraignment of defendant Amanda Christian on 7/20/2021 before Magistrate Judge Alan J. Baverman, Case Number 1:20-CR-296-9, filed as Document 213, in the U.S. District Court for the Northern District of Georgia. The minutes list AUSA Nathan Kitchens and retained defense attorney Gabe Banks, and record that arraignment took place, that the defendant entered a plea of not guilty, and that the case was assigned to Judge Boulee for trial and to Judge Baverman for pretrial proceedings. They record that bond was set at $10,000 and filed. Page 2 contains an Order Pursuant to the Due Process Protections Act directing the government to adhere to its disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972).

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MAGISIRATE’S CRIMINAL MINUTES
ARRAIGNMENT
PLEA AND SENTENCE
01 IN
Time in Court:
Hrs.
34
Mins.
Filed in Open Court
Date:
7/20/2021
Time:
2:17 pm
Tape:
FTR
Magistrate (presiding): Alan J. Baverman
Deputy Clerk:
Lisa Enix
Case Number:
1:20-CR-296-9
Defendant’s Name:
Amanda Christian
AUSA:
Nathan Kitchens
Defendant’s Attorney:
Gabe Banks
USPO/PTR:
Type of Counsel: Retained
INTERPRETER:
X
INITIAl. APPEARANCE HEARING: (
) In This District
Dft in custody? (
) Yes
(
) No
X
Due Process Protection Act Warning Given to Government’s
Counsel. Order on page 2.
Defendant advised of right to counsel. (
) WIAVER OF COUNSEL FILED.
ORDER appointing Federal Defender Program as counsel.
(
) INITIAL APPEARANCE ONLY
ORDER appointing
as counsel.
ORDER giving defendant
days to employ counsel.
Dft to pay attorney fees as follows:
INFORMATION/INDICTMENT FILED
() WAIVER OF INDICTMENT FILED
X
Copy information/indictment give to dft ( X
) Yes (
) No
Read to dft? (
) Yes (X
) no
CONSENT TO TRIAL BEFORE MAGISTRATE (Misd/Petty) offense filed.
X
ARRAIGNMENT HELD
(
) Superseding Indictment
(
) Dft’s WAIVER of appearance filed.
Arraignment continued to
Request of (
) Govt
(
) Dft
Dft failed to appear arraignment
Bench Warrant Issued:
X
Dft enters PLEA OF NOT GUILTY.
(
) Dft stood mute; plea of Not Guilty entered. (
) Waiver of appearance
PLEA OF GUILTY/NOb
as to counts
X
ASSIGNED to District Judge
Judge Boulee
( X
) trial
(
) arraignment/sentence
X
ASSIGNED to Magistrate Judge
Judge Baverman
for pretrial proceedings.
X
Estimated trial time:
MEDIUM
Case 1:20-cr-00296-JPB-CMS     Document 213     Filed 07/20/21     Page 1 of 2

ARRAiGNMENT — Pg. 2
CASE NO. 1:20-cr-296-9-JPB-AJB
CONSENT TO PRE-SENTENTCE INVESTIGATION filed. Referred to USPO for PSI and continued
until
at
for sentencing.
Government’s MOTION FOR DETENTION filed. Hearing set
for
Temporary commitment issued. Dft remanded to custody of U.S. Marshal Services
BOND/PRETRIAL DETENTION HEARINGS
PRETRIAL DETENTION HEARING HELD.
X
BOND HEARING HELD.
GOVERNMENT’S MOTION FOR DETENTION (
) GRANTED
(
) DENIED
(
) WITHDRAWN
WRIHEN ORDER TO FOLLOW.
HEARING HELD on motion for reduction / modification of bond.
MOTION FOR REDUCTION OF BOND! MODIFICATION OF BOND (
) GRANTED
(
) DENIED
WRITIEN ORDER TO FOLLOW.
X
BOND SET AT $ 10,000
X
NON-SURETY
SURETY
(
) Cash
(
) Property
(
) Corporate Surety
x
SPECIAL CONDITIONS: SEE BOND FOR ADDITIONAL CONDITIONS
X
BOND FILED; DEFENDANT RELEASE.
BOND NOT EXCUTED. DEFENDANT TO REMAIL IN MARSHAL’S CUSTODY.
WITNESSES:
EXHBITS:
x
Order
Pursuant to the Due Process Protections Act, see Fed. R. Crim. P. 5(f), the government is directed
to adhere to the disclosure obligations set forth in Brady v. Maryland, 373 U.S. 83 (1963), and its progeny,
and to provide all materials and information that are arguably favorable to the defendant in compliance
with its obligations under Brady; Giglio v. United States, 405 U.S. 150 (1972); and their progeny.
Exculpatory material as defined in Brady and Kyles v. Whitley, 514 U.S. 419, 434 (1995), shall be
provided sufficiently in advance of trial to allow a defendant to use it effectively, and exculpatory
information is not limited to information that would constitute admissible evidence.
The failure of the government to comply with its Brady obligations in a timely manner may
result in serious consequences, including, but not limited to, the suppression or exclusion of evidence,
the dismissal of some or all counts, adverse jury instructions, contempt proceedings, or other remedies
that are just under the circumstances.
Case 1:20-cr-00296-JPB-CMS     Document 213     Filed 07/20/21     Page 2 of 2

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