Minutes -Detention Hearing -Review/Reconsideration of Bail /Detention Order Nebbia Hearing — No. 2:20-mj-01341 (Dkt. 10, C.D. Cal.)
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A Central District of California minutes form for a detention hearing and review or reconsideration of a bail or detention order (Nebbia hearing), Document 10 filed March 27, 2020 in Case 2:20-mj-01341, USA v. Keith Lawrence Middlebrook, before U.S. Magistrate Judge McDermott with defense attorney Ijeoma Eke. The first page is a mostly checkbox form on which the government's request for detention appears to be marked withdrawn. The remaining pages are the court's Release Order and Bond form (CR-1) with its general conditions of release and the defendant's acknowledgment. Much of the handwritten entry, including the bail amount, is illegible in the scan.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Minutes -Detention Hearing -Review/Reconsideration of Bail /Detention Order Nebbia Hearing — No. 2:20-mj-01341 (Dkt. 10, C.D. Cal.).”
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, SHA-256 fe92d860f3ae975f58cd079f71a4b6ce6dcb151d3bfdc7b72b9291fd16aa76be.Full text
Case 2:20-mj-01341-DUTY Document 10 Filed 03/27/20 Page 1 of 5 Page ID #:40
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MINUTES -DETENTION HEARING -REVIEW/RECONSIDERATION OF BAIL /DETENTION ORDER -
NEBBIA HEARING
Case No. 20-1341M CourtSmart 03/27/2020 Date: 3/27/2020
Present: The Honorable J~~ E. MCDERMOTT U.S. Magistrate Judge
S. Lorenzo ~/. ~~1~p,i"ClrJ/C2 None
Deputy Clerk Assistant U.S. Attorney Interpreter /Language
USA v. KEITH LAWRENCE MIDDLEBROOK ~ Attorney Present for Defendant:
Ijeoma Eke
❑ Present ❑Custody ❑Bond ❑Not present Present ❑ CJA ❑ Retd DFPD ❑Not present
P CEEDINGS: DETENTION HEARING ~
Government's request for detention is: ❑GRANTED ❑DENIED Q WITHDRAWN ❑CONTINUED
❑ Witnesses CST (see separate list). ❑Exhibits Marked/Admitted (see separate list).
❑ Court orders that exhibits be returned to the respective counsel /party of record.
❑ See Receipt for Release of Exhibits to Counsel.
❑ Counsel stipulation to bail.
❑ Court finds presumption under 18 USC 3142e has not been rebutted.
❑ Court ORDERS DEFENDANT PERMANENTLY DETAINED. See separate detention order.
❑ Court finds presumption under 18 USC 3142e has been rebutted.
Court sets bail at: $ ~JrdDO~ ~ SEE ATTACHED COPY OF CR-Ol BOND FORM
FOR CONDITIONS OF RELEASE.
❑ Court orders that defendant be detained for a period not to exceed ten (10) Court days. See separate order re temporary detention.
❑ Court orders further detention /bail hearing to be set on at ❑a.m./ ❑p.m. in
Courtroom before Judge
❑ Court orders case continued to at ❑a.m./ ❑p.m. for , in
Courtroom before Judge
❑ Release Order Issued -Release No.
❑ Other:
PROCEEDINGS: ❑REVIEW /RECONSIDERATION OF BAIL /DETENTION ORDER -BOND HEARING
❑ NEBBIA HEARING
Hearing on ❑Plaintiffs ❑Defendant's request for review /reconsideration of bail /detention order had and request is:
❑ GRANTED ❑DENIED
Court ORDERS bail as to the above-named defendant ❑ modified to ❑set at: $
❑ SEE ATTACHED COPY OF CR-Ol BOND FORM FOR CONDITIONS OF RELEASE.
❑ Bond previously set is ordered vacated.
❑ Court orders defendant permanently detained. See separate order.
D Court denies request for bail, defendant shall remain permanently detained as previously ordered.
❑ Witnesses CST (see separate list). ❑Exhibits Marked /Admitted (see separate list).
❑ Court orders that exhibits be returned to the respective counsel /party of record.
❑ See Receipt for Release of Exhibits to Counsel.
❑ Case continued to at ❑ a.m./ ❑ p.m. for
before Judge in Courtroom
❑ Nebbia conditions are satisfied and the Government approves the bond package as presented to the Court.
❑ Other
Release Order Issued -Release No.
Deputy Clerk Initials slo
M-46(06/l0) MINUTES -DETENTION HEARING - REVIEW/RECONSIDERATION OF BAIL /DETENTION ORDER - NEBBIA HEARING
Case 2:20-mj-01341-DUTY Document 10 Filed 03/27/20 Page 2 of 5 Page ID #:41
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
Case Name: United States of America v. C~~j ~~~r_~ Case No. ~~ ~,~j ~~/~
Defendant ~ Material Witness
Violation of Title and Section:
Summons ~ Out of District ~ iJNDER SEAL ~ Modified Date:
Check ~o one ofthefive numbered boxes below (unless one bo is to be replaced by another):
1. Personal Recognizance Signature On y (~), Affidavit of Surety With Justification Release No.
2. ~ Unsecured Appearance Bond (Fo
~
Si~~Eby:~~~~
Release to Pretrial ONLY
3. dAppearance
$ /~D'l~ Bond
~ ~ Release to Probation ONLY
~- ~ Forthwith Release
(a).~ Cash Deposit(Amount or %)(Form CR-7)
With Full Deeding of Proper
(b). Affidavit of Surety Without ~~~~{~ ~ ~ "~` .
ustification (Form Cx-4) Signed by: ~ ~~
A11 Conditions of Bond
' "' V~er ~(Exce~tClearing-Warrants
~~JS.~~,r~ ~(,M'~ ~ j̀~y~K Condition) Must be Met
r''~ and osted by:
5a~ a~~
Third-Party Custody
4.~ Collateral Bond in the Amount of(Cash Affidavit(Form CR-31)
or Negotiable Securities):
$ / Bail Fixed by Court:
5.~ Corporate Surety Bond in the Amount o£ ~~ ~l~
$ (Judge /Clerk's Initials)
PRECONDITIONS TO RELEASE
The government has requested a Nebbia hearing under 18 U.S.C. § 3142(g)(4).
Q The Court has ordered a Nebbia hearing under g 3142 (g)(4).
The Nebbia hearing is set for at ❑ a.m. ❑ p.m.
ADDITIONAL CONDITIONS OF RELEASE
In addition to the GENERAL CONDITIONS of RELEASE,the following conditions of release are imposed upon you:
~bmit to: [retrial Services Agency(PSA)supervision as directed by PSA; ~ Probation(USPO)supervision as directed by USPO.
(The agency indicated above,PSA or USPO, will be referred to below as "SupervisinAAAency.'~
Surrender all passports and travel documents to Supervising Agency no later than sign a Declaration
re Passport and Other Travel Documents(Form CR-37), and do not apply for a passport or other travel document during the pendenry
of this case.
ravel is restricted to ~i~~%~ unless prior permission is granted by Supervising
Agenry to travel to a specific other location. Court permission is required for international travel.
~eside as approved by Supervising Agency and do not relocate without prior permission from Supervising Agency.
aintain or actively seek employment and provide proof to Supervising Agency. ~ployment to be approved by Supervising Agency.
Maintain or begin an educational program and provide proof to Supervising Agency. `/
a
Defendant's Initials: ~~~ Date:%
OF CALIFORNIA RELEASE ORDER AND
Case 2:20-mj-01341-DUTY Document 10 Filed 03/27/20 Page 3 of 5 Page ID #:42
Case Name: United States of America v. ~j17~J ~w~G~ MIO~~~
j~k Case No. p~,~ ~ ~37~M
Defendant ~ Material Witness
A void all contact, directly or indirectly (including by any electronic means), with any person who is a known victim or
witness in the subject investigation or prosecution, ~ including but not limited to
Q except
Avoid all contact, directly or indirectly (including by any electronic means), with any known codefendants except in the presence
ofcounsel. Notwithstanding this provision, you may contact the following codefendants without your counsel present:
[~Do not possess any firearms, ammunition, destructive devices, or other dangerous weapons. In order to determine compliance,
you agree to submit to a search of your person and/or property by Supervising Agency in conjunction with the U.S. Marshal.
Do not use or possess any identification, mail matter, access device, or any identification-related material other than in your
own legal or true name without prior permission from Supervising Agency. ~ In order to determine compliance, you agree
to submit to a search of your person and/or property by Supervising Agency in conjunction with the U.S. Marshal.
Do not engage in telemarketing.
~o not sell, transfer, or give away any asset valued at $l~ d Q(~ or more without notifying and obtaining
permission from the Court, except
Do not engage in tax preparation for others.
Do not use alcohol.
Participate in the electronic remote alcohol monitoring program as directed by Supervising Agency and abide by all the rules and
requirements of the program. You must pay all or part of the costs for treatment based upon your ability to pay as determined by
Supervising Agency.
Do not use or possess illegal drugs or state-authorized marijuana. ~ In order to determine compliance, you agree to
submit to a search of your person and/or property by Supervising Agency in conjunction with the U.S. Marshal.
Do not use for purposes of intoxication any controlled substance analogue as defined by federal law or street, synthetic, or
designer psychoactive substance capable ofimpairing mental or physical functioning more than minimally, except as
prescribed by a medical doctor.
Submit to: drug and/or ~alcohol testing. If directed to do so, participate in outpatient treatment approved by Supervising Agency.
You must pay all or part of the costs for testing and treatment based upon your ability to pay as determined by Supervising Agency.
Participate in residential ~ drug and/or ~ alcohol treatment as directed by Supervising Agency. You must pay all or part of the costs
oftreatment based upon your ability to pay as determined by Supervising Agency. ~Release to PSA only ~ Release to USPO only
Submit to a mental health evaluation. If directed to do so, participate in mental health counseling and/or treatment approved by
upervising Agency. You must pay all or part of the costs based upon your ability to pay as determined by Supervising Agency.
s Participate in the Location Monitoring Program and abide by all of the requirements of the program, under the direction of Supervising
Agency, which [will or will not include a location monitoring bracelet. You must pay all or part of the costs of the program based
upon your ability to pay as determined by Supervising Agency. You must be financially responsible for any lost or damaged equipment.
Location monitoring only - no residential restrictions;
-or-
You are restricted to your residence every day:
from ❑ a.m. ❑ p.m. to ❑ a.m. 0 p.m.
as directed by Supervising Agency;
-or-
Defendant's Initials:~Date ~/
CR-1 (05/19) CENTRAL DISTRICT OF CALIFORNIA RELEASE ORDER AND BOND PAGE 2 OF 4
Case 2:20-mj-01341-DUTY Document 10 Filed 03/27/20 Page 4 of 5 Page ID #:43
Case Name: United States of America v. ~T~ ~NJQ,ETIL~i Iv!~~Q(~i~RL~K Case No. pZ.b~~,3~~M
Defendant ~ Material Witness
You are restricted to your residence at all times except for medical needs or treatment, attorney visits, court appearances, and
all of which must be preapproved by Supervising Agency;
Release to PSA only ~ Release to USPO only
You are placed in the third-party custody(Form CR-31) of
Clear outstanding ~ warrants or ~ DMV and traffic violations and provide proof to Supervising Agency within days
of release from custody.
Do not possess or have access to, in the home, the workplace, or any other location, any device that offers Internet access except
as approved by Supervising Agency. ~ In order to determine compliance, you agree to submit to a search of your person
and/or property by Supervising Agency in conjunction with the U.S. Marshal.
Do not associate or have verbal, written, telephonic, electronic, or any other communication with any person who is less than
the age of 18 except in the presence of a parent or legal guardian of the minor.
Do not loiter or be found within 100 feet of any schoolyard, park, playground, arcade, or other place primarily used by children
under the age of 18.
Do not be employed by, affiliated with, own,control, or otherwise participate directly or indirectly in the operation of any daycare
facility, school, or other organization dealing with the care, custody, or control of children under the age of 18.
Do not view or possess child pornography or child erotica. ~ In order to determine compliance, you agree to submit to a search
of your person and/or property, including computer hardware and software, by Supervising Agency in conjunction with the U.S.
Marshal.
~ther conditions:
GENERAL CONDITIONS OF RELEASE
I will appear in person in accordance with any and all directions and orders relating to my appearance in the above entitled matter as
maybe given or issued by the Court or any judicial officer thereof, in that Court or before any Magistrate Judge thereof, or in any other
United States District Court to which I may be removed or to which the case maybe transferred.
I will abide by any judgment entered in this matter by surrendering myself to serve any sentence imposed and will obey any order or
direction in connection with such judgment as the Court may prescribe.
I will immediately inform my counsel of any change in my contact information, including my residence address and telephone number,
so that I may be reached at all times.
I will not commit a federal, state, or local crime during the period of release.
I will not intimidate any witness, juror, or officer of the court or obstruct the criminal investigation in this case. Additionally, I will not
tamper with, harass, or retaliate against any alleged witness, victim, or informant in this case. I understand that if I do so, I may be
subject to further prosecution under the applicable statutes.
I will cooperate in the collection of a DNA sample under 42 U.S.C. g 14135a.
Defendant's Date: ~ ~~
CR-1 (05/19) CENTRAL DISTRICT OF CALIFORNIA RELEASE ORDER AND FORM PAGE 3 OF 4
Case 2:20-mj-01341-DUTY Document 10 Filed 03/27/20 Page 5 of 5 Page ID #:44
Case Name: United States of America v. ~(r~ (.FI'W~I~E /"liD~7(~~Ok Case No. p~(~ •~3~~M
Defendant ~ Material Witness
ACKNOWLEDGMENT OF DEFENDANT/MATERIAL WITNESS
As a condition of my release on this bond, pursuant to Title 18 of the United States Code,I have read or have had interpreted to me
and understand the general conditions of release, the preconditions, and the additional conditions of release and agree to comply with
all conditions of release imposed on me and to be bound by the provisions of Local Criminal Rule 46-6.
Furthermore, it is agreed and understood that this is a continuing bond (including any proceeding on appeal or review) which will
continue in full force and effect until such time as duly exonerated.
I understand that violation of any of the general and/or additional conditions of release of this bond may result in a revocation of
release, an order of detention, and a new prosecution for an additional offense which could result in a term of imprisonment and/or
fine.
I further understand that if I fail to obey and perform any of the general and/or additional conditions of release of this bond, this bond
maybe forfeited to the United States of America. If said forfeiture is not set aside,judgment maybe summarily entered in this
Court against me and each surety,jointly and severally,for the bond amount,together with interest and costs. Execution of the
judgment maybe issued or payment secured as provided by the Federal Rules of Criminal Procedure and other laws ofthe
United States, and any cash or real or personal property or the collateral previously posted in connection with this bond maybe
forfeited.
~~ ~ ~~ --_
Date Signature ofDefendant/Material Witness Telephone Number
City and State(DO NOT INCLUDE ZIP CODE)
Check ifinterpreter is used: I have interpreted into the language this entire form
and have been told by the defendant that he or she understands all of it.
Interpreter's Signature Date
Approved:
United States District Judge /Magistrate Judge Date
If cash deposited: Receipt # for $
(This bond may require surety agreements and affidavits pursuant to Local Criminal Rule 46.)
Defendant's Initials: [ Date.
CR-1 (05/19) CENTRAL DISTRICT OF CALIFORNIA RELEASE ORDER AND BOND FORM PAGE 4 OF 4
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