Court filing
RULE 5(C)(3) documents received as to Denise Sanders — USA v. Sanders et al. (Dkt. 104)
Filed April 26, 2024 in Sanders; one of 83 filings from this case.
Record facts
| Court | U.S. District Court records for the Western District of Missouri and Western District of Washington |
|---|---|
| Filed | 2024-04-26 |
U.S. District Court records for the Western District of Missouri and Western District of Washington · No. 4:24-cr-00029-BP · Doc. 104 · 2024-04-26 · Docket on CourtListener
Full text
U.S. District Court Northern District of Texas (Dallas) CRIMINAL DOCKET FOR CASE #: 3:24−mj−00190−RB−3 Case title: USA v. Sanders et al Other court case number: 24−00029−01/11−CR−W−BP Western District of Missouri Date Filed: 02/22/2024 Assigned to: Magistrate Judge Clinton E. Averitte Defendant (3) Denise Sanders represented by William Hermesmeyer 2600 E. Southlake Blvd. Suite 120−181 Southlake, TX 76092 (469) 251−0592 Email: hermesmeyer.william@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Bar Status: Admitted/In Good Standing Pending Counts Disposition None Highest Offense Level (Opening) None Terminated Counts Disposition None Highest Offense Level (Terminated) None Complaints Disposition Out of District Arrest− Western District of Missouri. Charging defendant with violation of terms of Supervised Release 1 Case 4:24-cr-00029-BP Document 104 Filed 04/26/24 Page 1 of 9 Plaintiff USA Date Filed # Docket Text 02/23/2024 2 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Clinton E. Averitte: Initial Appearance as to Denise Sanders held on 2/23/2024. The judge issued the oral order required by Fed. R. Crim. P. 5(f)(1). Written order to follow. Date of Arrest: 2/23/2024. Attorney Appearances: AUSA − Doug Brasher; Defense − William Hermesmeyer. (No exhibits) Time in Court − :14. (Court Reporter: Jeff Foster) (USPO Barnes.) (mcrd) (Entered: 02/25/2024) 02/23/2024 3 ELECTRONIC ORDER As to Denise Sanders: by this order −− issued to the prosecution and defense counsel −− the court confirms the disclosure obligation of the prosecutor under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and the possible consequences of violating such order under applicable law. This written order is entered pursuant to Rule 5(f)(1) of the Federal Rules of Criminal Procedure, and is in addition to the oral order entered by the court on the first scheduled court date when both the prosecutor and defense counsel were present. (Ordered by Magistrate Judge Clinton E. Averitte on 2/23/2024) (mcrd) (Entered: 02/25/2024) 02/23/2024 17 CJA 20 Order appointing attorney. Attorney William Hermesmeyer for Denise Sanders appointed. This appointment continues through any appeal unless counsel is relieved by court order for good cause shown − See Miscellaneous Order 3 Criminal Justice Act Plan. Within one week, the court will contact you via email and provide a link to the eVoucher System. Any work done on an appeal must be billed per circuit instructions. For questions, consult the CJA Attorney Information page or use the directory to contact the courtroom deputy of the appointing judge. Copies of public documents filed prior to this appointment may be obtained via PACER. (Ordered by Magistrate Judge Clinton E. Averitte on 2/23/2024) (mcrd) (Entered: 02/26/2024) 02/23/2024 18 WAIVER of Rule 5 Hearings by Denise Sanders. (mcrd) (Entered: 02/26/2024) 02/23/2024 19 ORDER Setting Conditions of Release as to Denise Sanders (3) PR Bond. (Ordered by Magistrate Judge Clinton E. Averitte on 2/23/2024) (mcrd) (Entered: 02/26/2024) 02/23/2024 20 (Document restricted to court users only) Receipt for Surrender of Passport as to Denise Sanders. (mcrd) (Entered: 02/26/2024) 02/26/2024 16 (Document Restricted) CJA 23 Financial Affidavit by Denise Sanders. (mcrd) (Entered: 02/26/2024) 04/25/2024 24 Report of Proceedings under Rule 5(c)(3) and 5.1 as to Denise Sanders. Defendant is released from custody on bond pending further proceedings. Paperwork sent to Western District of Texas. (Ordered by Magistrate Judge Renee Harris Toliver on 4/25/2024) (mcrd) (Entered: 04/25/2024) 2 Case 4:24-cr-00029-BP Document 104 Filed 04/26/24 Page 2 of 9 Case 3:24-mj-00190-RB Document 18 Filed 02/23/24 Page 1 of 1 PageID 42 3 Case 4:24-cr-00029-BP Document 104 Filed 04/26/24 Page 3 of 9 Case 3:24-mj-00190-RB Document 19 Filed 02/23/24 Page 1 of 3 PageID 43 4 Case 4:24-cr-00029-BP Document 104 Filed 04/26/24 Page 4 of 9 Case 3:24-mj-00190-RB Document 19 Filed 02/23/24 Page 2 of 3 PageID 44 5 Case 4:24-cr-00029-BP Document 104 Filed 04/26/24 Page 5 of 9 Case 3:24-mj-00190-RB Document 19 Filed 02/23/24 Page 3 of 3 PageID 45 6 Case 4:24-cr-00029-BP Document 104 Filed 04/26/24 Page 6 of 9 Case 3:24-mj-00190-RB Document 20 *SEALED* Filed 02/23/24 Page 1 of 1 PageID 46 7 Case 4:24-cr-00029-BP Document 104 Filed 04/26/24 Page 7 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION UNITED STATES OF AMERICA § Case No. 3:24-mj-00190-RB § § Other Dist. Docket No. 24-00029-01/11- CR-W-BP v. § § Western District of Missouri DENISE SANDERS (3) § Western Division REPORT OF PROCEEDINGS UNDER RULES 5(c)(3) and 5.1 AND ORDER ENTERED THEREON The defendant is charged in the above-referenced district with the offense of WIRE FRAUD. Having been arrested in this district on a warrant issued on that/those charge(s), she appeared before Magistrate Judge Clinton E. Averitte for proceedings as follows: Rule 5(c)(3) Transfer ☒ Defendant waived the requirement that a copy of the warrant be produced. ☐ The government has produced a copy of the warrant, and ☒ The Court finds that the person before the Court is the defendant named in the indictment, information or warrant because: ☒ The defendant waived identity hearing. ☐ An identity hearing was conducted, and the defendant’s identity was established. ☐ The Court finds, based on the evidence presented during an identity hearing, that the person before the Court is NOT the defendant named in the indictment, information or warrant. Rule 5.1: Preliminary Hearing ☒ No preliminary hearing is necessary because the defendant is charged by indictment. ☐ The defendant waived a preliminary hearing. ☐ The defendant elected to have a preliminary hearing in the district where the prosecution is pending. ☐ The defendant elected to have a preliminary hearing in this district, and based on the evidence presented during the hearing, the Court finds that: ☐ There is probable cause to believe that the defendant committed the offense(s) charged. ☐ There is NOT probable cause to believe that the defendant committed the offense(s) charged. Rule 5(d)(3) Detention Hearing ☒ No detention hearing is necessary because the government did not move to detain the defendant. ☐ The defendant waived a detention hearing. ☐ The defendant elected to have a detention hearing in the district where the prosecution is pending. ☐ The defendant elected to have a detention hearing in this district, and based on the evidence presented during the hearing, the Court finds that: ☐ The defendant should be detained. ☐ The defendant should be released on bond. Case 3:24-mj-00190-RB Document 24 Filed 04/25/24 Page 1 of 2 PageID 64 8 Case 4:24-cr-00029-BP Document 104 Filed 04/26/24 Page 8 of 9 ORDER ENTERED ON THE FOREGOING REPORT TO: UNITED STATES MARSHAL ☐ You are commanded to transfer the above-named defendant forthwith to the district in which he/she is charged and there deliver him/her to the United States Marshal for that district or to some other officer authorized to receive him/her. ☒ It is ORDERED that this defendant be released from custody on bond pending further proceedings. ☐ It is ORDERED that this defendant be discharged. AS ANNOUNCED IN OPEN COURT ON 2/23/2024 BY MAGISTRATE JUDGE CLINTON AVERITTE. SIGNED April 25, 2024. Case 3:24-mj-00190-RB Document 24 Filed 04/25/24 Page 2 of 2 PageID 65 9 Case 4:24-cr-00029-BP Document 104 Filed 04/26/24 Page 9 of 9
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