Court filing
Order Pursuant to the Due Process Protections Act as to Austin Martin Siampwizi — USA v. Siampwizi (Dkt. 11, N.D. Ga.)
Filed August 8, 2023 in USA v. Siampwizi; one of 27 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2023-08-08 |
U.S. District Court for the Northern District of Georgia · No. 1:23-cr-00246-WMR-RDC · Doc. 11 · 2023-08-08 · Docket on CourtListener
Full text
M.\GISTRA TE'S CRIMINAL MINUTES ARRAIGNMENT PLEA AND SENTENCE Time in Court: ___ Hrs J5_ Min Filed in Open Court: Date: 8 I 8' I 2023 Time: Tape: FTR Magistrate (presiding): CHRISTOPHER C. BLY Deputy Clerk:--'J._a=m=e=s __ J"""a"""rv'-'-is"--_..aaE=x=hi=b.a.ait.;;;..s_Ya...;e=s- D _____ N __ o .... O _ _ Case Number: AUSA: Defendant's Attorney: USPO/PTR: Type Counsel: ( ) Retained ( '-'f'CJA ( /4 REST DA TE: INTERPRETER: ~ ITIAL APPEARANCE HEARING. ( ) In THIS DISTRICT Oft in custody? () Yes ( ) No Defendant advised of right to counsel. ( ) WAIVER OF COUNSEL filed. ORDER appointing Federal Defender Program as counsel. () INITIAL APPEARANCE ONLY. / ORDER appointing So-r~ ~C '-', jl\in~\ -,i s counsel. ORDER giving defendant days to employ counsel (cc: served by Mag CRD) ---------------------- D ft to pay attorney fees as follows: INFORMATION/COMPLAINT filed. WAIVER OF INDICTMENT filed. Vcopy indictment/information given to dft? ( X) Yes () No Read to dft? () Yes ( ) No (X ) Prior to Hrg CONSENT TO TRIAL BEFORE MAGISTRATE (Misd / Petty) offense filed . - /4RRAIGNMENT HELD.( )indictment/ information () Dft's WAIVER of appearance filed. Arraignment continued to at Request of ( ) Govt ( ) Oft ---- Oft failed to appear for arraignment. Bench warrant _ / issued / ott enters PLEA OF NOT GUil TY. () Oft stood mute; plea of NOT GUil TY entered. () Waiver of appearance. MOTION TO CHANGE PLEA, and order allowing same . ./ASSIGNED TO JUDGE jtl MR for () trial - ~ SIGNED TO MAGISTRATE ~ n h0 t ( ) arraignment/sentence. Estimated trial time: days. for pretrial proceeding/ ( ) SHORT (y"MEDIUM ( ) LONG --- PRE-SENTENCE INVESTIGATION filed . Referred to USPO for PSI and continued until at for sentencing. Case 1:23-cr-00246-WMR-RDC Document 11 Filed 08/08/23 Page 1 of 3 ARRAIGNMENT - Pg. 2 Case No.: Defendant: ~ ernment MOTION FOR DETENTION filed. Hearing set for -✓Temporary commitment issued. Oft remanded to custody of US Marshals Service. BOND REVOCATION/ DETENTION HEARING BOND/ PRETRIAL DETENTION hearing held. Government MOTION FOR DETENTION ( ) GRANTED () DENIED () WITHDRAWN WRITTEN ORDER TO FOLLOW. HEARING HELD on motion for reduction I modification of bond. Motion for reduction/ modification of Bond ( ) GRANTED () DENIED. WRITTEN ORDER TO FOLLOW. BOND SET at Non-surety Surety ( ) Cash ( ) Property ( ) Corporate surety ONLY SPECIAL CONDITIONS: Bond filed; defendant released. Bond NOT EXECUTED. Defendant to remain in Marshal's custody. at __ Defendant to remain on pretrial release under the terms and conditions set forth in the U. S. District for the WITNESSES: SENTENCE: Case 1:23-cr-00246-WMR-RDC Document 11 Filed 08/08/23 Page 2 of 3 ' . ~ uant 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 1:23-cr-00246-WMR-RDC Document 11 Filed 08/08/23 Page 3 of 3
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- gov.uscourts.gand.318618.11.0.pdf
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