Initial Appearance on Petition — United States v. Breckenridge (Dkt. 43, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 43 · 2022-09-15 · Docket on CourtListener

Full text

Courtroom Minute Entry 
 
Room: Judge Tinsley Charleston 
Case No.: 2:22-cr-00084 
Type: Initial 
Caption: USA v. Malik Breckenridge 
Judge: Judge Aboulhosn 
 
Started: 9/15/2022 2:16:16 PM 
Ends: 
9/15/2022 2:38:47 PM 
Length: 00:22:32 
 
2:16:17 PM 
Judge Omar Aboulhosn 
2:16:17 PM 
Courtroom Deputy Tammy Davis 
2:16:18 PM 
Court Reporter: CourtSmart 
2:16:19 PM 
AUSA Katie Robeson 
2:16:20 PM 
AFPD Rhett Johnson 
2:16:20 PM 
Defendant Malik Breckenridge 
2:16:21 PM 
USPO Codie Blankenship 
2:16:23 PM 
INITIAL APPEARANCE ON PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE 
2:21:34 PM 
Judge Omar Aboulhosn 
2:21:36 PM 
Calls case. 
2:21:50 PM 
Counsel please note your appearances for the record. 
2:21:52 PM 
AUSA Katie Robeson 
2:21:54 PM 
Notes appearance on behalf of the United States. 
2:21:55 PM 
AFPD Rhett Johnson 
2:21:56 PM 
Notes appearance on behalf of the defendant who is present. 
2:21:59 PM 
Judge Omar Aboulhosn 
2:22:04 PM 
Stated basis for the defendant's arrest. 
2:22:15 PM 
States rights of the defendant and the defendant acknowledges said rights. 
2:22:18 PM 
Mr. Johnson is appointed to represent you in this matter as he has the underlying criminal matter. 
2:22:36 PM 
Have you received and read the Petition, Mr. Breckenridge? 
2:22:38 PM 
Defendant Malik Breckenridge 
2:22:40 PM 
Yes sir. 
2:22:42 PM 
States personal information. 
2:22:43 PM 
Judge Omar Aboulhosn 
2:22:51 PM 
States additional rights of the defendant and defendant acknowledged these rights. 
2:23:15 PM 
Your next court appearance will be a Bond Revocation Hearing on this Petition. 
2:23:18 PM 
That is scheduled for next Wednesday, September 21, 2022, at 10:30 a.m. here in Charleston. 
2:23:36 PM 
Discusses Rule 5(f) - Brady v. Maryland. 
2:23:44 PM 
Is there anything else we need to take care of? 
2:23:52 PM 
AFPD Rhett Johnson 
2:23:54 PM 
Yes, your honor. 
2:24:07 PM 
Proffers to the Court as to objections in the Petition. 
2:26:28 PM 
Would ask the Court to consider allowing him to remain on bond. 
2:26:40 PM 
AUSA Katie Robeson 
2:26:42 PM 
The United States opposes his release and sets forth reasons. 
2:27:06 PM 
Judge Omar Aboulhosn 
2:27:07 PM 
I am going to take a recess and speak with my probation officer. 
2:27:12 PM 
Recording Paused 
2:34:10 PM 
Recording Resumed 
2:34:16 PM 
Judge Omar Aboulhosn 
2:34:18 PM 
I am going to release the defendant back on bond with additional conditions. 
2:34:45 PM 
Outlines what those conditions are. 
2:35:31 PM 
I will hold this matter in abeyance as long as there are no more positive drug tests. 
2:35:49 PM 
Sentencing is November 17, 2022, before Judge Berger. 
2:35:58 PM 
Mr. Brackenridge, you could use this as an additional argument for your time at sentencing. 
2:36:40 PM 
We will not need to go through with the Bond Revocation next Wednesday, September 21, 2022. 
2:36:49 PM 
This matter is held in abeyance until further order of the Court. 
2:37:05 PM 
After his release from the Marshals he will need to see probation. 
2:37:12 PM 
AFPD Rhett Johnson 
2:37:14 PM 
May I have a moment? 
2:37:19 PM 
Judge Omar Aboulhosn 
2:37:21 PM 
Sure. 
Case 2:22-cr-00084     Document 43     Filed 09/15/22     Page 1 of 2 PageID #: 111

2:37:35 PM 
AFPD Rhett Johnson 
2:37:39 PM 
I appreciate the Court's accommodations. 
2:37:46 PM 
He does not have a driver's license and is relying on someone else for transportation. 
2:38:14 PM 
He works at Apple Bee’s. 
2:38:21 PM 
Judge Omar Aboulhosn 
2:38:24 PM 
I appreciate all that. He must be screened the screens must be negative. I appreciate what you are 
2:38:40 PM 
saying, Mr. Johnson but those are the conditions. 
 
 
Hearing adjourned 
Case 2:22-cr-00084     Document 43     Filed 09/15/22     Page 2 of 2 PageID #: 112

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