Government’s Status Report re: Review/reconsideration of Order Setting Conditions of Release — United States v. Middlebrook (Dkt. 27, C.D. Cal.)

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The government's status report regarding review and reconsideration of the order setting conditions of release in United States of America v. Keith Lawrence Middlebrook, No. 20-mj-1341, in the U.S. District Court for the Central District of California, dated May 4, 2020. Filed by Assistant United States Attorneys Valerie L. Makarewicz and James C. Hughes, it recites that on March 25, 2020 the United States filed a complaint charging the defendant with attempted wire fraud under 18 U.S.C. § 1349 and that he was arrested the same day. The report proposes a briefing schedule, with the government's opposition due by May 6, 2020, and states that defense counsel does not object.

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Case 2:20-mj-01341-DUTY Document 27 Filed 05/04/20 Page 1 of 3 Page ID #:145



 1   NICOLA T. HANNA
     United States Attorney
 2   BRANDON D. FOX
     Assistant United States Attorney
 3   Chief, Criminal Division
     VALERIE L. MAKAREWICZ (Cal. Bar No. 229637)
 4   JAMES C. HUGHES (Cal. Bar No. 263878)
     Assistant United States Attorneys
 5   Major Frauds Section
          1100 United States Courthouse
 6        312 North Spring Street
          Los Angeles, California 90012
 7        Telephone: (213) 894-0756/2579
          Facsimile: (213) 894-6265
 8        E-mail:     Valerie.makarewicz@usdoj.gov
                      James.Hughes2@usdoj.gov
 9
10   Attorneys for Plaintiff
     UNITED STATES OF AMERICA
11

12                           UNITED STATES DISTRICT COURT

13                     FOR THE CENTRAL DISTRICT OF CALIFORNIA

14   UNITED STATES OF AMERICA,               No. 20-mj-1341

15              Plaintiff,                   GOVERNMENT’S STATUS REPORT RE:
                                             REVIEW/RECONSIDERATION OF ORDER
16                   v.                      SETTING CONDITIONS OF
                                             RELEASE
17   KEITH LAWRENCE MIDDLEBROOK,

18              Defendant.

19
20         The United States of America, by and through its counsel of

21   record, Assistant United States Attorneys Valerie L. Makarewicz and

22   James C. Hughes, hereby submit the following status report to the

23   Court:

24      1. On March 25, 2020, the United States filed a complaint against

25         defendant, charging him with a violation of 18 U.S.C. § 1349,

26         attempted wire fraud. CR 1.

27      2. Defendant was arrested on March 25, 2020 and made his initial

28         appearance before the Court on March 26, 2020. CR 4.

     Case 2:20-mj-01341-DUTY Document 27 Filed 05/04/20 Page 2 of 3 Page ID #:146



 1      3. On March 27, 2020, the Court granted defendant pretrial release

 2         upon the posting of a $150,000 bond secured by an affidavit of

 3         surety signed by defendant’s mother, with $50,000 of that

 4         amount to be secured by real property held by defendant’s

 5         mother. CR 10.

 6      4. As of the filing of this report, defendant has not posted the

 7         entirety of the bond with respect to amount secured by

 8         defendant’s mother’s property, and remains in custody.           On

 9         April 30, 2020, defendant filed an Affidavit of Sureties by

10         surety Martha Middlebrook in the amount of $100,000.          CR 25.

11      5. On April 28, 2020, defendant filed an application for

12         review/reconsideration of the above-mentioned bond order and

13         requested to be released forthwith, pending the execution of

14         the property bond.     CR 23.

15      6. On April 29, 2020, the Court ordered that the government file

16         its opposition to defendant’s above-mentioned application by

17         May 4, 2020 at noon.     CR 24.

18      7. On May 1, 2020, counsel for the parties discussed the

19         resolution of defendant’s above-mentioned application, and have

20         come to an agreement, in principle.        Counsel for defendant,

21         however, has not been able to discuss the agreement with

22         defendant.   Defendant regularly telephones counsel, and counsel

23         is awaiting his call to discuss the proposed stipulation.

24      8. The government requests that the Court continue the

25         government’s time to oppose the above-mentioned application by

26         two days, until Wednesday, May 6, 2020.        If the parties can

27         stipulate to resolve defendant’s application after consulting

28         defendant, which seems likely, the parties will file a

                                             2

     Case 2:20-mj-01341-DUTY Document 27 Filed 05/04/20 Page 3 of 3 Page ID #:147



 1         stipulation by such time for the Court’s review.          If the

 2         parties are unable, the government will file its opposition by

 3         May 6, 2020.

 4      9. Counsel for defendant does not object to this proposal.

 5
      Dated: May 4, 2020                 Respectfully submitted,
 6
                                         NICOLA T. HANNA
 7                                       United States Attorney
                                         BRANDON D. FOX
 8                                       Assistant United States Attorney
                                         Chief, Criminal Division
 9
                                           /s/
10                                       VALERIE L. MAKAREWICZ
                                         JAMES C. HUGHES
11                                       Assistant United States Attorney
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