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

Summary

A courtroom minute entry for an initial appearance on a petition for action on conditions of pretrial release in USA v. Malik Breckenridge, Case No. 2:22-cr-00084, U.S. District Court for the Southern District of West Virginia, filed September 15, 2022 as Document 43. It lists Judge Omar Aboulhosn, AUSA Katie Robeson, AFPD Rhett Johnson for the defendant and USPO Codie Blankenship. Judge Aboulhosn is recorded as stating a Bond Revocation Hearing scheduled for September 21, 2022, at 10:30 a.m., then releasing the defendant back on bond with additional conditions, with the matter in abeyance as long as there are no more positive drug tests. The entry records that the September 21, 2022 hearing will not need to go forward and that sentencing is November 17, 2022, before Judge Berger.

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Record facts

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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