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

Summary

A courtroom minute entry for the initial appearance and arraignment of Malik Breckenridge in United States v. Malik Breckenridge, Case No. 2:22-cr-00084, in the U.S. District Court for the Southern District of West Virginia, filed May 4, 2022 as Doc. 10. The entry logs Judge Omar Aboulhosn presiding, with Assistant United States Attorney Kristin F. Scott and AFPD Rhett H. Johnson appearing. It records appointment of counsel and a plea of not guilty to the Indictment, with the case assigned to United States District Judge Irene C. Berger. Trial is scheduled for June 6, 2022 at 9:00 a.m. and a pretrial motions hearing for May 18, 2022 at 11:00 a.m. The entry also records release on bond over defense objections to some conditions.

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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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