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Home Source documents Initial Appearance and Arraignment on Superseding Indictment — USA v. Tyler Keith Andrews, No. 2:22-CR-0057-TOR-2 (Dkt. 55, E.D. Wash.)

Initial Appearance and Arraignment on Superseding Indictment — USA v. Tyler Keith Andrews, No. 2:22-CR-0057-TOR-2 (Dkt. 55, E.D. Wash.)

Summary

A court minute entry, ECF No. 55 in Case No. 2:22-CR-0057-TOR-2 in the U.S. District Court for the Eastern District of Washington, recording the initial appearance and arraignment of Tyler Keith Andrews, also known as Tyler Keith Penix, on a superseding indictment on 02/23/2023 before Magistrate Judge James A. Goeke. The minutes state that Andrews appeared out of custody with counsel, acknowledged the legal name Tyler Keith Penix, waived reading of the superseding indictment and pleaded "Not guilty," and that the Government was not seeking detention. Following a conflict with the Federal Defenders and an amended Financial Affidavit, CJA Panel attorney Andrew Wagley was appointed. The Court set release conditions, among them residence in the State of Arkansas pending the case, surrender of any passport, and no employment giving access to others' financial information.

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  Case 2:22-cr-00057-TOR              ECF No. 55        filed 02/23/23      PageID.225 Page 1 of 2




     United States District Court, Eastern District of Washington Magistrate
                                            Judge James A. Goeke
                                                  Spokane

 USA v. TYLER KEITH ANDREWS                                 Case No. 2:22-CR-0057-TOR-2
 aka Tyler Keith Penix

 Initial Appearance and Arraignment on Superseding                                        02/23/2023
 Indictment:


 ☒ Lee Reams, Courtroom Deputy                          ☒ Tyler Tornabene, US Atty
 ☒ Patrick J. Dennis, US Probation / Pretrial           ☒ Andrew Wagley, Defense Atty
   Services Officer
 ☒ Defendant present ☒out of custody                    ☒ Interpreter NOT REQUIRED

                                                        ☐ Defendant not present / failed to appear

 ☐    USA Motion for Detention                          ☒    Rights given
 ☒    USA not seeking detention                         ☒    Acknowledgment of Rights filed
 ☒    Financial Affidavit (CJA 23) filed                ☒    Defendant received copy of Superseding
                                                             Indictment
 ☐    The Court will appoint the Federal Defenders      ☒    Defendant waived reading of Superseding
                                                             Indictment
 ☒    Based upon conflict with Federal Defenders, the   ☒    Superseding Indictment reviewed in open court
      Court will appoint a CJA Panel Attorney
 ☐    PRE-Trial Services Report ordered                 ☐    POST Pre-Trial Services Report ordered
                                                        ☒    AO199c Advice of Penalties & Sanctions filed

                                               REMARKS
        Defendant appeared, out of custody, with counsel and acknowledged to the Court that his legal
name is TYLER KEITH PENIX. The Court directed the Government to take notice of Defendant's legal
name.
        Defendant was advised of his rights and the allegations contained in the Superseding Indictment.

        “Not guilty” plea entered.

        Government is not seeking detention.

        Court conducted colloquy with Defense and Defendant regarding Defendant’s financial standing.

        Court was in recess from 2:51 p.m.; reconvened 3:04 p.m.

       Defense amended the Financial Affidavit and accordingly, counsel from the CJA Panel, Andrew
Wagley, was appointed to represent Defendant.

Digital Recording/S-740          Time: 2:27 p.m. – 2:51 p.m. and 3:04 p.m. – 3:09 p.m.                Page 1
  Case 2:22-cr-00057-TOR         ECF No. 55       filed 02/23/23    PageID.226 Page 2 of 2




The Court ordered:
       1. Discovery to be provided according to Local Rules on discovery.
       2. Oral order issued confirming the Government’s disclosure obligations under the Due Process
          Protections Act and the possible consequences of violation of said order.
       3. Conditions of release imposed upon Defendant which were read to him in Court. Order
          forthcoming.


Defendant to be released under the following conditions:

   •   Commit no new violation of state, local or federal law, to include no marijuana
   •   Report any contact with law enforcement to Pretrial Services within 1 business day and
       may not work for United States government or any federal or state law enforcement agency
       without first notifying your supervising Pretrial Services officer
   •   Advise Pretrial Services, the Court, and attorney, in writing, prior to any change in
       residence or phone number
   •   Appear for all future hearings and surrender for sentence if sentence of imprisonment is
       imposed
   •   Sign 199C
   •   No possession of firearm, dangerous weapon, or other destructive device
   •   Report to Pretrial Services in whatever frequency/manner they direct
   •   May not possess, ship or transport in interstate or foreign commerce any firearm, or
       ammunition
   •   No use or possession of narcotic drugs or other controlled substances, unless have valid
       prescription, to include no marijuana
   •   Surrender passport and/or enhanced driver’s license and may not apply for new one during
       pendency of case
   •   Reside in the State of Arkansas while case is pending unless receive permission in advance
       to travel outside of district
   •   Avoid all contact, direct or indirect, with any witness or victim in case, to include
       codefendants
   •   Disclose any and all personal financial information and business records, to include
       execution of a Release of Financial Information form, as requested by the U.S. Probation
       Office.
   •   Not make any loan or enter into any new credit arrangement, without first consulting with
       the U.S. Probation Office.
   •   Not engage in any form of employment which would allow access to financial information,
       to include the following, personal identifiers, credit accounts, bank accounts of any
       individual, business, or other entity.

                                     Detention Hearing:
                                NA; USA not seeking detention.


Digital Recording/S-740      Time: 2:27 p.m. – 2:51 p.m. and 3:04 p.m. – 3:09 p.m.           Page 2


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