Initial Appearance/Arraignment — United States v. Breckenridge (Dkt. 10, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 10 · 2022-05-04 · Docket on CourtListener

Full text

Courtroom Minute Entry 
 
Room: WVSCHADCR03711 
Case No.: 2:22-cr-00084 
 
 
Type: IA & AR 
Caption: USA v. Malik Breckenridge 
Judge: Omar Aboulhosn 
 
Started: 5/4/2022 10:29:51 AM 
Ends: 
5/4/2022 10:51:22 AM 
Length: 00:21:32 
 
10:29:55 AM 
Judge Omar Aboulhosn 
10:29:55 AM 
Courtroom Deputy Tammy Davis 
10:29:56 AM 
Court Reporter Courtsmart 
10:29:57 AM 
AUSA Kristin F. Scott 
10:29:58 AM 
AFPD Rhett H. Johnson 
10:29:59 AM 
Defendant Malik Breckenridge 
10:30:01 AM 
USPO Codie Blankenship 
10:30:16 AM 
INITIAL APPEARANCE ON INDICTMENT BY SUMMONS 
10:32:39 AM 
Judge Omar Aboulhosn 
10:32:40 AM 
Calls case 
10:32:42 AM 
Counsel please state your appearances for the record. 
10:32:44 AM 
AUSA Kristin F. Scott 
10:32:45 AM 
Notes appearance on behalf of the United States. 
10:32:48 AM 
AFPD Rhett H. Johnson 
10:32:50 AM 
Notes appearance on behalf of the defendant who is to my right. 
10:32:52 AM 
Judge Omar Aboulhosn 
10:32:54 AM 
Places the defendant under oath. 
10:33:06 AM 
States rights of defendant and defendant acknowledges these rights. 
10:33:19 AM 
The Court has reviewed the financial affidavit and finds the defendant does qualify for court-appointed 
10:33:26 AM 
counsel. Orders the appointment of Mr. Johnson. 
10:33:33 AM 
Defendant Malik Breckenridge 
10:33:35 AM 
States personal information 
10:33:47 AM 
Judge Omar Aboulhosn 
10:33:51 AM 
States additional rights of defendant and defendant acknowledges these rights. 
10:33:59 AM 
ARRAIGNMENT HEARING 
10:34:00 AM 
States violation(s) in charging document and possible penalties. 
10:34:08 AM 
Questions defendant about Indictment related matters. 
10:34:23 AM 
Defendant pleads NOT GUILTY to charge(s) contained in the Indictment. 
10:34:26 AM 
This case has been assigned to United States District Judge Irene C. Berger 
10:34:30 AM 
Your trial is scheduled for June 6, 2022, at 9:00 a.m. in Charleston 
10:34:40 AM 
There will be a pretrial motions hearing held on May 18, 2022, at 11:00 a.m. before me in Charleston. 
10:35:03 AM 
Counsel, I assume your client does not waive his right to appear at the pretrial motions hearing? 
10:35:15 AM 
AFPD Rhett H. Johnson 
10:35:24 AM 
No, your honor, he does want to waive his right to appear at the pretrial motions hearing. 
10:35:27 AM 
Judge Omar Aboulhosn 
10:35:29 AM 
The Court will print a waiver as soon as this hearing is over. 
10:35:46 AM 
Parties have elected the standard discovery; pretrial motions, voir dire and witness list dates given. 
10:35:52 AM 
The Court will also enter an Addendum to the Arraignment Order with one addition that Judge Berger 
10:36:16 AM 
is now requiring all jury instructions to be numbered. The court notes objection by government to  
10:36:39 AM 
Addendum. I remind counsel to make sure chambers receives a copy of all motions filed with the Clerk. 
10:36:41 AM 
If courtroom technology is required for use at trial or other proceedings, counsel shall notify the court's 
10:36:45 AM 
technology staff five business days prior to commencement of the proceeding. 
10:36:51 AM 
Advised counsel to give United States Marshals Service 30 days notice for out-of-custody defendants 
10:36:55 AM 
and/or witnesses and cancel when unnecessary 
10:37:07 AM 
The government is ordered to comply with the due process requirements of Brady v. Maryland. 
10:37:19 AM 
We will move on to Bond since no Motion for Detention was filed by the government. 
10:37:27 AM 
Discusses Pretrial Services Report. 
10:37:37 AM 
AFPD Rhett H. Johnson 
10:37:40 AM 
Discusses one correction on the 2018 charge in Georgia. 
10:38:08 AM 
Judge Omar Aboulhosn 
10:38:10 AM 
You think the matter is resolved, Mr. Johnson? 
10:38:25 AM 
AFPD Rhett H. Johnson 
Case 2:22-cr-00084     Document 10     Filed 05/04/22     Page 1 of 2 PageID #: 30

10:38:26 AM 
I believe so. 
10:38:33 AM 
Judge Omar Aboulhosn 
10:39:18 AM 
The Court will release the defendant on bond since the United States is not seeking detention. 
10:39:33 AM 
Discusses bond conditions 
10:42:11 AM 
AFPD Rhett H. Johnson 
10:42:14 AM 
Your honor, I would like to state objections to some of the bond conditions. 
10:42:36 AM 
Discusses the defendant is not a flight risk and he should not surrender his passport. 
10:43:38 AM 
Judge Omar Aboulhosn 
10:43:40 AM 
These are standard conditions. I am not singling out the defendant, Mr. Johnson. 
10:44:20 AM 
AFPD Rhett H. Johnson 
10:44:23 AM 
Discusses Bail Reform Act. 
10:45:29 AM 
Discusses subsection B 
10:45:46 AM 
Judge Omar Aboulhosn 
10:45:48 AM 
I am looking at number 2 – reads that aloud. 
10:46:16 AM 
AFPD Rhett H. Johnson 
10:46:19 AM 
Proffers to the Court. 
10:47:02 AM 
Judge Omar Aboulhosn 
10:47:03 AM 
What is the United States response? 
10:47:10 AM 
AUSA Kristin F. Scott 
10:47:11 AM 
Proffers to the Court that the standard conditions be imposed, your honor. 
10:47:31 AM 
Judge Omar Aboulhosn 
10:47:32 AM 
You get the last word, Mr. Johnson. 
10:47:39 AM 
AFPD Rhett H. Johnson 
10:47:44 AM 
Discusses the statute. 
10:47:58 AM 
Judge Omar Aboulhosn 
10:48:01 AM 
We do have a report here - discusses Georgia charge. I do not know what the status of that it. 
10:48:26 AM 
I do not find the standard conditions are overly burdensome. 
10:48:41 AM 
Let me take a look at the statute. 
10:49:22 AM 
The court will overrule your objections, Mr. Johnson.  
10:49:35 AM 
The Court does note your objections Mr. Johnson if you want to appeal that to Judge Berger. 
10:49:45 AM 
AFPD Rhett H. Johnson 
10:49:49 AM 
He has signed the paperwork, your honor. 
10:50:50 AM 
Judge Omar Aboulhosn 
10:50:52 AM 
The defendant will need to be processed by the Marshal Service and then he will need to see probation. 
10:51:01 AM 
After that, he will be free to go. 
10:51:10 AM 
Are there any questions or anything else we need to take care of? 
10:51:15 AM 
Hearing adjourned 
Case 2:22-cr-00084     Document 10     Filed 05/04/22     Page 2 of 2 PageID #: 31

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