Order Setting Conditions of Release (Dkt. 5, S.D. Fla.)
Summary
This 22-page filing, entered on the Southern District of Florida docket on March 3, 2022 as Document 5 in Case 1:22-cr-20039-CMA, collects records from the U.S. District Court for the District of Puerto Rico in Case No. 3:22-MJ-00209-MEL-1 against Osvaldo Villegas Rivera. It opens with an Order Setting Conditions of Release with an unsecured bond of $10,000.00 and passport surrender. It also includes the appearance bond, a motion to waive the identity and removal hearing so that Villegas Rivera could appear for arraignment in Florida on March 8, 2022, a motion by the Federal Public Defender to withdraw as counsel, and a motion for temporary removal of electronic surveillance. A docket order signed by US Magistrate Judge Marcos E. Lopez on 3/03/2022 grants that motion, allowing the ankle monitor to be removed temporarily while the defendant is in Florida.
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
Full text
Case 1:22-cr-20039-CMA Document 5 Entered on FLSD Docket 03/03/2022 Page 1 of 22
AO IWAlRev. 12/11) Onjeryulling Conditions nt'Release I'agu I Hf 4 [•aues
21
KS
Mar 3, 2022
UNITED STATES DISTRICT COURT
tbr the
Miami District of Puerto Riuo
United States of America
)
OsvalcfoVillegas-RiveraO) ^ Case No. 3:22-209 (M)
)
Drfi'Ht/inil ' '
ORDER SETTING CONDITIONS OF RELEASE
IT IS ORDERED thai the defendant's release is subject to these conditions:
(1) The defendant must not violate federal, state, or local law while on release.
(2) The defendant must cooperate in the collection ot'a DNA sample if it is authorized by 42 U.S.C. § 14135a.
(3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making
any change of residence or telephone number.
(4) The defendant must appear in court as required and, it'uouvictcd, must surrender as directed to serve a sentence that
the court may impose.
The defendant must appear at: U^ DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO
Phicr
SAN JUAN, PUERTO RICO
on ALL FUTURE SCHEDULED PROCEEDINGS
DtilL' tiiui Tiiw
If blank, derendaiil will be notified of next appearance.
(5) The defendant must sign an Appearance Bond, if oi'Uercd.
1. Bond in the amount of $10,000.00 unsecured with defendant's signature.
2. Defendant shall report to the USPO on 2/23/2022 not later than 9:00 am.
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AO 1WB (Rev. 10/20} Additional, Coridinon.s of Rciease l>.igc 2 <if 4 |>;ige^
ADDITIQNAL CONDITIONS OF RELEASE
1'ursuant to 18 U.S.C. § 3142(c)(:! }(B), tlie court may iin|3ose thu tbiluwing least restriclive coi)(li(iun(*>) only as nccesKiir)' to rca'ionably assure thu
appearance of the person as required and llie sal'cty ol'any othi;!" person and the community,
1
IT IS FURTHER ORDERED that the deteiHlant's release is subject to ihc uomlitions inarkut'i beluw;
( ) (6f The defendant is placed in the custody of:
Person or organixiition
Address (wily i/'atmva u- <w iirfimbiiinm.i
City and state Tel. No.
who agrees lo (a) supervise the dcfendanl, (b) use every cllort lo assure the defemiant'.-i appearaticp ai all courl pniccetling.s, and (u) notil'y the courl
immcdiatciy if the defendant violates a condition of release or is no longer in tlic custodian'.-; custody.
Signed:
Cusltniiun Dtile
( X ) (7) The defendant must; U.S. probation Office, Prstrial Division, Room 200
. ( x ) (a) submit to supei-visipn by and report for supervision lu (be Hato Ray, P.R.
telephone innnbCT 787"76S-558e , no tater than 48 hours and thereafter as directed ,
( ) (b) continue pr activeiy seek empioymcnt.
( ) (c) continue or start an edttcation progran).
( X ) (d) surrender any passpwtlu; U.S. PROBATION OFFICE
(X ) (e) not obtain a passport orolhcr international travel docuinent.
( X ) (0 abide by the tbilowing restrictions on personal ussuciiiiion, residence, or Irav.el; Shall roside at address of record; shall not leave
jurhdlcfiwotthiBdlstnctwi^
( ^ ) is) avoid all wntact. directly or indirectly, with any person wlio is or may be a victim or witness in flte investigation or I'lro-si.'cmion,
including: unless accompanied by counsel.
( ) (h) get medical or psychiafric treatment: as directed by Probation Department
( ) (i) return to custody each at o'clock after being released at o'clock fur employment, schooling,
or the following purposes:
( ) (j) inaintain:residencu at a hiiltwiiy house or comimmity corrections center, as tho pretriiil services ofl'ice or su|)ervising ot't'iccr eonsidyrs
necessary.
(X ) (k) not possess a (ircami, dcstruclivc device, or other weapon.
(X) (i) nol use alcohol ( )ataii( X ) excessively.
( x ) (m) not use or unlawtully possess a narcotic drug or other controlled substances defined in 21 U.S.C, § 802, un!i?ss prescribed by a iiuen.sed
medical practitioner.
( ) (n) submit to tesling lor a prohibited substance if required by the prctrial services office or supervising ot'tlcec Testing may be used with
random frequency and may inclode urine testing, tlie wearing of a *>wcat patch, a ronotu alcohoi tesiing sysit;fn,;an<>t/t>i" any fot'm of
prohibited substance screening nf testing. The ciefcnttant inusl not tfbslruct, attempt to obslruct, or tamper with the etTicieiicy and accuracy
of prohibited substance screening or testing.
( ) fo) participate in a program of t'npaiicnl or outpnticirt substance abuse iherapy and counseling it* directed by ihe prctrial services olTicc or
supervising odicer.
( ^ ) (p) partieipsUe in one of the following Socalion restriction programs and comply with its reqttireintfnts as di)"ecli;il.
) (i) Curfew. You arc restricted to your residence every day < (_] S from __ to .or ( D ) as
directed by the pi-elrial services office or .iupervising officer; or
(D) (") Home Detention. You are restricted to your residence at al! (imes c'iccpt for employment; education; religious servicos;
medicai, substance abuse, or mental licalfh tt'eaiiuent; altomey visits; court appearances; cuun-ordcred obligations: or otlier
activities approved in advance by the pretruii services office or supCFvising ofticcr; or
(13 ) (iii) Home Incarceration. You are reslricled lo 24-honr-a-day idck-tlowii at your residence except for medicgl necessities and
court appearances or other activiriei, specifically approved by (he court; or
(D ) (iv) Stand Alone Monitoring. You have isu resitiential curfew, huine (tetentiun, w homu incarceraltun restrictions. Howevtir,
you must comply with the location or travel restrii.-litin.s a.s i'mpQsud by the court.
Note: Stand Alone Monitoring should be used in vorijuncuon with global pusifioning systvni (OPS) techiTOlogy,
( X ) (q) submit to the following location monitorine. ieclinnlogy nmt comply wilh its rct]U)rcmi;nts as djrecied:
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ADDITIONAL CONDITIONS OF RELEASE
(IS] ) (i) Lufation monjloring technology as directed by the pretrial siarviues or supervising officer; or
(D ) (it) Voice Recognition; or
(D ) (iii) Radio Frequency; or
(E])(iv) GPS.
( ) (>') pay all or part of the cost uf lucatiun muniioring based upon your ubilily to pay as delCTnnwdby thepretrial services or supyrvising
officer.
( X ) (s) report as soon as possible, to tltc prelrial scn'iccs or supervising ol11c<;r, flveiy eontad wilt) law enfoi'cen'iunt pcrsunnel, including an'csts,
questioning, or traffic stops.
( x ) ({) EXCEPTION; The Chisf U.S. ProbationOfficer, or'liisdesignea, may authoriza temporary changes_ of9ddrw'^anaw_w's»»aAt9w[
to mainland U.S. only, not excaedlng 18 days, provided the U.S. Attorney has no objectton to it. If objected, requast will hava to
ba made in writing to the Court.
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AO 199C (Rev. OWOS) Advice of Penalties I'aite 4 ,-,(' 4 ftme,; 24
ADVICE OF PENALTIES AN 1> SANCTIOJNS
TO THE DEFENDANT:
YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS:
Violating any of the foregoing eondition.s of release may result in the immediate issuance of a warrant for your aiTcst, a
revocation of your release, an order of delention, a furteiture of any bond, and a prosecution for contempt of court and could result in
imprisonment^ a fine, or both.
While on release, if you commit a federal felony olTcnse Ihe punishment is an additional prison term of not more than (en years
and for a federal misdemeanor oftense the punishment is an additional prison term ol'not more than one year. This sentence will be
consecutive {i.e; in addition to) to any other sentence you receive.
1( is a crime punishable by up to ten years in prison, and a S250,000 fine, or botli, to: obstruct a criminal investigation:
tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or infbnnant; or intiimdaie or attempt
to intimidate a witness, victim, juror, informant, or officer of (hi.: court. The penalties for tampering, retaliation, or intimidatipn arc
significantly more serious if they involve a killing or attempted kiljing.
if. after release, you knowingly fail to appear as the conditions ofrelea.se require, or to surrender to serve a sentence,
you may be prosecuted for tailing to appear or surrender and additional punishment may be imposed, iryou iire convicted of:
(1) an offense punishablfi by death, life iinprisonment, tfr imprisomwnt for a term of riftei;n years pr more - you will be fined
not more than S250,000 or imprisoned for not more than 10 years, or both;
(2) an offense punishable by imprisoiunent for a term of five years or more, but less than rifteen years - you will be fined not
more than S250,000 or imprisoned for nut more than five years, or botli:
(3) any other felony - you will be fined not more than S250,000 Qr imprisoned not niore than twoyears, Or both;
(4) n misdemeanor- youwill be fined not more than $100,000 or imprisoned not nipre than one year, or both.
A term of imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence you receive. In
addition, a failure to appear or surrender may result in the forfeiture of any bond posted.
Acknowledgment of the Defendant
1 acknowledge that I am the defendant in this case and that I am aware of the conditions.af release. I promise to obey all conUitions
of release, to appear as directed, and surrender 1:0 serve any sentence imposed. 1 am aware of the penalties and sanctions set forth above.
O'n> ami Sltilv
Directions to tbi> United States Marshal
( ^ ) The defendant is ORDERED released after processing.
( j The United States marshal is ORDERED to keep the defendant in custody until notil1ed:by the clerk or judge riut the defendant
has posted bond and/or complied with all other conditions, for release. If stilt in custody, the defendant must be produceii before
the appropriate judge at the time and place specified.
Date:
2/22/2022 S/Marcos E. Lopez
Jmlicuil QH'n-cr's Sisnuiwv
Marcos E. Lopez, U.S. Magistrate Judge
Prjinei} mime iintl lillv
DISTRlBUTIOts; COURT DI-FRNDANT PRiiTRIALSIiHVICR U.S.A'ITORNfiY ti.S-MARSHAL
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^A098 (Rev. I I/O'?) Appearance Bond 25
UNITED STATES DISTRICT COURT
District of PUERTO RICO
UNITED STATES OF AMERICA
V.
APPEARANCE BOND
Osvaldo Villegas Rivera
Defendant
Case Number: 22-MJ-209 (01) MEL
bdNon-surety: I, the undersigned defendant acknowledge that I and my ...
jSurety: We, the undersigned, jointly and severally acknowledge that we and our...
personal representatives, jointly and severally, are bound to pay to the United States of America the sum of
$ _10,000.00 ^ and there has been deposited in the Registry of the Court the sum of
$ _ao° _ in cash and _UNSECURED _ (describe other security).
The conditions of this bond are that the defendant Osvaldo Vlllegas Rlvera
Name
is to appear before this court and at such other places as the defendant may be required to appear, in accordance with
any and all orders and directions relating to the defendant's appearance in this case, including appearance for violation
of a condition of defendant's release as may be ordered or notified by this court or any other United States District Court
to which the defendant may be held to ansiwr or the cause transfen-ed. The defendant is to abide by any judgment
entered in such matter by surrendering to serve any sentence imposed and obeying any order or direction in connection
with such judgment.
It is agreed and understood that this is a continuing bond (including any proceeding on appeal or review), which
shall continue until such time as the undersigned are exonerated.
If the defendant appears as ordered or notified and otherwise obeys and performs the foregoing conditions of
this bond, then this bond is to be void, but if the defendant fails to obey or perform any of these conditions, payment of
the amount of this bond shall be due forthwith. Forfeiture of this bond for any breach of its conditions may be declared
by any United States District Court having cognizance of the above entitled matter at the time of such breach and if the
bond is forfeited and if the forfeiture is not set aside or remitted, judgment may be entered upon motion in such United
States District Court against each debtor jointly and severally for the amount above stated, together with interest and
costs, and execution may be issued and payment secured as provided by the Federal Rules of Criminal Procedure and
any other laws of the United States.
This bond is signed on 2/22/2022 at SAN JUAN. PUERTO RICO
Date Place
Defendant C^'^.^f^i /a^^^ ^^, _Qsvaldo Villegas Rivera, San Juan PR -t3
Surety ^ ///^^. Osvatdo Villegas Rivera, San Juan PR
Surety -a
Signed and acknowledged before me on 02/22/2022
Dale
Bond Approved:
Signature of Judge
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA
Plaintiff,
v.
Case No. 3:22-MJ-00209-MEL-1
OSVALDO VILLEGAS RIVERA
Defendant
MOTION TO WAIVE IDENTITY AND REMOVAL HEARING
AND FOR MISCELLANEOUS RELIEF
COMES NOW Defendant Osvaldo Villegas Rivera herein represented by the undersigned
attorney and very respectfully STATES, ALLEGES, and PRAYS as follows:
1. This Honorable Court set a virtual Identity and Removal Hearing for Tuesday
March 1, 2022, at 11:00 AM in relation to defendant’s case before the Southern District of Florida,
Case No. 22-20039-CR-ALTONGA-TORRES.
2. However, the defendant waives his right to the Identity and Removal Hearing and
has agreed with AUSA Robert Emery to appear with the undersigned before the District Court for
the Southern District of Florida on March 8, 2022 for his arraignment. See Attached as Exhibit 1
Waiver of Rule 5 & 5.1 Hearings.
3. In addition, the undersigned has also agreed with AUSA Robert Emery of the
Southern District of Florida to maintain the same terms and conditions of defendant’s pretrial
release.
WHEREFORE, for the reasons stated herein, the undersigned requests and prays that this
Honorable Court cancels the Identity and Removal Hearing set for March 1, 2022 at 11:00 am and
order the defendant to appear before the District Court for the Southern District of Florida on
March 8, 2022.
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I HEREBY CERTIFY that, in accordance with Federal Rule, a true and correct copy of
the foregoing has been furnished via CM/ECF to all parties or attorneys of records on this 28th day
of February 2022.
s/ EDWIN PRADO-GALARZA, ESQ.
Attorney at Law
Prado, Núñez & Asociados, P.S.C.
403 Del Parque St., Suite 8
San Juan, PR 00912
T. (787) 977-1411
F. (787) 977-1410
Pradolaw10@gmail.com
USDCPR NO. 208804
2
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA
Plaintiff,
v.
Case No. 3:22-MJ-00209-MEL-1
OSVALDO VILLEGAS RIVERA
Defendant
MOTION TO CONTINUE IDENTITY AND REMOVAL HEARING
COMES NOW Defendant Osvaldo Villegas Rivera herein represented by the undersigned
attorney and very respectfully STATES, ALLEGES, and PRAYS as follows:
1. This Honorable Court set a virtual Identity and Removal Hearing for February 25,
2022, at 10:30 AM.
2. Regrettably, the undersigned is unavailable and cannot virtually appear at the
Identity and Removal hearing set for tomorrow.
3. The undersigned will be available to virtually appear at this hearing on any of the
following dates:
a. Monday, February 28, 2022 in the morning
b. Tuesday, March 1, 2022 in the morning
c. Wednesday, March 2, 2022 in the morning
4. Additionally, the undersigned also represents the defendant on the case pending in
the Southern District of Florida, Case No. 22-20039-CR.
5. Therefore, the undersigned began conversations with AUSA’s Juan C. Reyes-
Ramos and Robert Emery to set a date for arraignment and discuss terms and conditions of
defendant’s pretrial release in the Southern District of Florida. See Exhibit 1.
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6. For the above stated reason, counsel will not be able to virtually appear and the
hearing set for tomorrow and therefore, requests this continuance.
7. This request for a continuance is made in good faith and without any interest in
delaying justice.
WHEREFORE, for the reason stated herein, counsel requests and prays that this
Honorable Court grant this Motion for Continuance and reschedule the Identity and Removal
hearing for February 28, 2022, March 1, 2022 or March 2, 2022 at any time in the morning.
I HEREBY CERTIFY that, in accordance with Federal Rule, a true and correct copy of
the foregoing has been furnished via CM/ECF to all parties or attorneys of records on this 24th day
of February 2022.
s/ EDWIN PRADO-GALARZA, ESQ.
Attorney at Law
Prado, Núñez & Asociados, P.S.C.
403 Del Parque St., Suite 8
San Juan, PR 00912
T. (787) 977-1411
F. (787) 977-1410
Pradolaw10@gmail.com
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Prado Law <pradolaw10@gmail.com>
US v. Juan Antonio Gonzalez, Case No. 22-MJ-00209(MEL) before the USDC of PR;
22-20039 CR Altonaga /Torres before the SD of Florida
Edwin Prado, Esq. <pradolaw10@gmail.com> Thu, Feb 24, 2022 at 3:59 PM
To: "Emery, Robert (USAFLS)" <Robert.emery2@usdoj.gov>, "Reyes, Juan C. (USAPR)" <Juan.C.Reyes@usdoj.gov>
Dear Robert and Juan,
I filed a NOA in the above captioned case in PR. In addition, I was also retained to handle the case
pending in SD of Florida.
Please call me. I am currently in Miami and am not available for the hearing scheduled for tomorrow
in PR. On another note, let's discuss if we can agree on maintaining the same terms and conditions of
pretrial release in the SD of Fl and a date for arraignment. I am meeting in my PR office with client on
Saturday.
Please advise!
--o
Edwin Prado, Esq.
Prado Núñez & Asociados, C.S.P.
403 Del Parque Suite 8. 513 W. Colonial Drive Suite 5 1424 NE Miami PL
San Juan, PR 00912 Orlando, FL 32804 Miami, FL 33132
(787) 977-1411 (407) 420-7926 (786) 245-5600
* PR * FL * NY *
CONFIDENTIALITY NOTICE
This e-mail transmission and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you
are not the intended recipient, you are hereby notified that any use, disclosure, copying, or distribution of any of the information contained in or attached to this
transmission is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by reply E-Mail. Kindly delete/destroy the
original transmission and its files, documents, and attachments without reading, saving, using or publishing any of them. Thank you.
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA,
Plaintiff,
v CRIMINAL NO. 22-209 (MEL)
OSVALDO VILLEGAS-RIVERA,
Defendant.
MOTION TO LEAVE TO WITHDRAW AS COUNSEL OF RECORD
(Re: Representation and Electronic Filing)
TO THE CLERK OF THE COURT AND ALL PARTIES OF RECORD:
COMES NOW, AFPD Victor Gonzalez-Bothwell on behalf of the above captioned
defendant very respectfully states and prays as follows:
1. On February 23rd, 2022, the Federal Public Defender was appointed to
represent the defendant Osvaldo Villega-Rivera.
2. On February 24th, 2022, Assistant Federal Public Defender Victor
Gonzalez-Bothwell filed a Notice of Appearance on behalf of defendant Osvaldo Villegas-
Rivera
3. That Assistant Federal Public Defender Victor Gonzalez-Bothwell is no
longer in charge of the legal representation of defendant Osvaldo Villegas-Rivera.
Attorney Edwin Prado-Galarza was retained by client.
4. On February 24th, 2022, Attorney Edwin Prado-Galarza filed a Notice of
Appearance on behalf of defendant Osvaldo Villegas-Rivera.
5. Therefore, Assistant Federal Public Defender Victor Gonzalez-Bothwell
requests leave to withdraw as counsel of record and that this Honorable Court discontinue
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notice of proceedings to e-mail address victor_gonzalez@fd.org.
WHEREFORE, the undersigned attorney respectfully request leave to withdraw,
and that his appearance as counsel of record be terminated for purposes of electronic
messages, filings, etc.
I HEREBY CERTIFY that on this day I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to
the parties of record.
RESPECTFULLY SUBMITTED.
In San Juan, Puerto Rico, this 1st day of March 2022.
ERIC A. VOS
Federal Public Defender
District of Puerto Rico
AFPD/Victor Gonzalez-Bothwell
Victor Gonzalez-Bothwell
Assistant Federal Public Defender
USDC-PR 219707
241 F.D. Roosevelt Ave.
Hato Rey, P.R. 00918-2441
(787) 281-4922/ Fax (787) 281-4899
E-mail: victor_gonzalez@fd.org
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA
Plaintiff,
v.
Case No. 3:22-MJ-00209-MEL-1
OSVALDO VILLEGAS RIVERA
Defendant
MOTION FOR TEMPORARY REMOVAL
OF ELECTRONIC SURVEILENCE
COMES NOW Defendant Osvaldo Villegas Rivera herein represented by the undersigned
attorney and very respectfully STATES, ALLEGES, and PRAYS as follows:
1. Mr. Villegas is currently under electronic surveillance with an ankle monitor.
2. On February 22, 2022, the defendant appeared before the Honorable Court for an
Initial Appearance of Rule 5(c)(3) Proceedings. During the proceedings, the Court granted the
following conditions of release: $10,000.00 unsecured bond; electronic monitoring; home
incarceration; standard conditions and that the defendant needed to report to the USPO on February
23, 2022. As part of his conditions of release the defendant surrendered his passport. See Docket
No. 2.
3. On the same day, the Honorable Court set a virtual Identity and Removal Hearing
for February 25, 2022 at 10:30 AM. See Docket No. 2.
4. On February 24, 2022, the undersigned filed a Motion to Continue the Identity and
Removal Hearing set for February 25, 2022. The Court granted this motion and continued the
hearing to Tuesday March 1, 2022, at 11:00 AM. See Docket Nos. 6 & 7.
5. However, on February 28, 2022, the defendant waived his right to the Identity and
Removal Hearing via motion and informed that he had agreed with AUSA Robert Emery to appear
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with the undersigned before the District Court for the Southern District of Florida on March 8,
2022 for his arraignment. See Docket No. 10.
6. On February 28, 2022, the Honorable Court GRANTED the Motion to Waive the
Identity and Removal Hearing and thus, the hearing was vacated. Furthermore, the court ordered
the defendant to appear before the United Stated District Court for the Southern District of Florida
on March 8, 2022 for his arraignment. See Docket No. 11.
7. Hence, the undersigned respectfully requests for Mr. Villegas to have his ankle
monitor temporarily removed so he can travel to Miami, Florida on March 7, 2022 to appear before
the United Stated District Court for the Southern District of Florida on March 8, 2022, as ordered
by the Court. The temporary removal of the ankle monitor hereby requested will be until March 8,
2022 and until the time the Court deems appropriate.
8. Moreover, since the defendant does not have a valid identification to travel, the
undersigned respectfully requests that the defendant’s U.S. passport be released under the
undersigned’s custody and control so that the defendant can travel on March 7, 2022 for his
arraignment.
9. The undersigned makes himself responsible for returning the passport at the time
and location that the Court orders.
WHEREFORE, for the reasons stated herein, the undersigned requests that this
Honorable Court temporarily remove defendant’s electronic surveillance on March 7, 2022 so that
he can travel to his arraignment hearing before the District Court for the Southern District of
Florida on March 8, 2022. The undersigned also respectfully requests this Honorable Court to
release defendant’s passport under the undersigned’s control and custody so that the defendant can
travel for his arraignment.
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I HEREBY CERTIFY that, in accordance with Federal Rule, a true and correct copy of
the foregoing has been furnished via CM/ECF to all parties or attorneys of records on this 1st day
of March, 2022.
s/ EDWIN PRADO-GALARZA, ESQ.
Attorney at Law
Prado, Núñez & Asociados, P.S.C.
403 Del Parque St., Suite 8
San Juan, PR 00912
T. (787) 977-1411
F. (787) 977-1410
Pradolaw10@gmail.com
USDCPR NO. 208804
3
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United States District Court
District of Puerto Rico (San Juan)
CRIMINAL DOCKET FOR CASE #: 3:22−mj−00209−MEL−1
Case title: USA v. Villegas−Rivera Date Filed: 02/22/2022
Assigned to: US Magistrate Judge
Marcos E. Lopez
Defendant (1)
Osvaldo Villegas−Rivera represented by Edwin Prado−Galarza
also known as Prado, Nunez & Associates, PSC
Mari 403 Del Parque St.
8th Floor
San Juan, PR 00907
787−977−1411
Fax: 787−977−1410
Email: pradolaw10@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Eric Vos
Federal Public Defender's Office
Patio Gallery Building
241 Franklin D. Roosevelt Ave.
Hato Rey, PR 00918−2441
(787) 281−4922
Fax: 787−281−4899
Email: eric_vos@fd.org
TERMINATED: 03/01/2022
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Federal Public Defender
Victor J. Gonzalez−Bothwell
Federal Public Defender's Office
Patio Gallery Building
241 Franklin D. Roosevelt Ave.
Hato Rey, PR 00918−2441
787−281−4922
Fax: 787−281−4899
Email: victor_gonzalez@fd.org
TERMINATED: 03/01/2022
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Pending Counts Disposition
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA,
Plaintiff,
v. CRIMINAL NO. 22-209 (M)
Osvaldo Villegas-Rivera,
Defendant.
NOTICE OF APPEARANCE
TO THE CLERK OF THE COURT AND ALL PARTIES OF RECORD:
1. Enter the appearance of the undersigned Assistant Federal Public Defender
(AFPD) as counsel for Osvaldo Villegas-Rivera.
2. Pursuant to policy of the Federal Public Defender for the District of Puerto Rico,
notice of filings, both electronic and otherwise, are requested to be made jointly to the AFPD
assigned to the case and to the Federal Public Defender, Mr. Eric A. Vos.
I HEREBY CERTIFY that on this date, I electronically filed the foregoing motion with
the Clerk of the Court using the CM/ECF system which will send notification of such filing to
the parties of record.
RESPECTFULLY SUBMITTED.
In San Juan, Puerto Rico, this 24th day of February, 2022.
ERIC A. VOS
Federal Public Defender
District of Puerto Rico
S / Victor Gonzalez
USDC-PR 219707
San Juan, PR 00918-2441
Email: Victor_Gonzalez@fd.org
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
UNITED STATES OF AMERICA,
Plaintiff CRIMINAL NO. 3:22-mj-00209-MEL-1
v.
OSVALDO VILLEGAS-RIVERA
Defendant
NOTICE OF APPEARANCE
TO THE HONORABLE COURT:
COMES NOW, defendant Osvaldo Villegas-Rivera, through the undersigned
attorney and respectfully alleges and prays:
1. The undersigned attorney has been retained to represent the appearing party in this
case.
WHEREFORE we request from this Honorable Court that it takes notice of the above
mentioned and it accepts the undersigned attorney as the attorney of record of defendant
Osvaldo Villegas-Rivera.
WE HEREBY CERTIFY that on this same day I electronically filed the
foregoing with the Clerk of the Court using the CM/RCF system which will automatically
send an electronic copy to the U.S. District Attorney and all counsel of record.
RESPECTFULLY SUBMITTED
In San Juan Puerto Rico this February 24, 2022.
PRADO NUÑEZ & ASSOCIATES, P.S.C.
s/ EDWIN PRADO GALARZA
USDCPR NO. 208804
PRADO NUNEZ & ASSOCIATES, P.S.C.
403 Del Parque St., 8th Floor
San Juan, PR 00912
pradolaw10@gamil.com
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None
Highest Offense Level (Opening)
None
Terminated Counts Disposition
None
Highest Offense Level
(Terminated)
None
Complaints Disposition
18:1956(h) Conspiracy to Commit
Money Laundering.
Interested Party
US Probation Office
Plaintiff
USA represented by Juan C. Reyes−Ramos
United States Department of Justice
United States Attorney's Office
Torre Chardon, Suite 1201
350 Carlos Chardon Street
San Juan, PR 00918
787−766−5656
Fax: 787−772−3976
Email: juan.c.reyes@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: AUSA Designation
Date Filed # Page Docket Text
02/22/2022 1 Rule 5(c)(3) Documents Received as to Osvaldo Villegas−Rivera (1). (idg)
(Entered: 02/24/2022)
02/22/2022 2 Minute Entry for proceedings held before US Magistrate Judge Marcos E.
Lopez: Initial Appearance in Rule 5(c)(3) Proceedings as to Osvaldo
Villegas−Rivera (1) held on 2/22/2022. AUSA Juan Reyes and AFPD Joanna
LeRoy were present. USPO August Castro was also present. Defendant was
under custody, present and assisted by a certified court interpreter. All parties
were present via VTC. Defendant voluntarily consented to the holding of the
hearing VTC. Furthermore, he was advised of his rights and the applicable
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minimum and maximum statutory penalties that he is exposed to if convicted of
the charges in the Indictment No. 22−20039−CR−ALTONAGA/TORRES from
the Southern District of Florida. The AFPD was appointed to represent the
defendant. The defense argued for conditions of release. The Government
argued for detention. The Court granted the following conditions of release:
Bond in the amount of $10,000 unsecured; electronic monitoring; home
incarceration; defendant shall report to the USPO on 2/23/2022 at 9:00 am; and
standard conditions. Identity and Removal Hearing set for 2/25/2022 at
10:30 AM via VTC before US Magistrate Judge Marcos E. Lopez. Pursuant
to the Due Process Protections Act, Pub. L. No. 116−182, 134 Stat. 894 (Oct.
21, 2020) and Rule 5(f) of the Federal Rules of Criminal Procedure, the United
States is reminded of its obligation to disclose in a timely manner all
exculpatory evidence to the defendant[s], that is, all evidence that is favorable
to the defendant[s] or tends to cast doubt on the United States case, as required
by Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. Failure to comply
with this order may result in consequences, including, but not limited to, the
reversal of any conviction, the exclusion of evidence, adverse jury instructions,
dismissal of charges, contempt proceedings, disciplinary action, and/or
sanctions by the Court.(Court Reporter DCR/ZoomGov.) Hearing set for 06:30.
Hearing held at 06:35. Hearing ended at 07:14. Interpreter Felix Toledo. (mcc)
Modified to add SF District case number on 3/3/2022 (idg). (Entered:
02/24/2022)
02/22/2022 4 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Osvaldo
Villegas−Rivera (1). Eric Vos for Osvaldo Villegas−Rivera appointed. Signed
by US Magistrate Judge Marcos E. Lopez on 2/22/2022. (mcc) (Entered:
02/24/2022)
02/22/2022 8 ORDER Setting Conditions of Release as to Osvaldo Villegas−Rivera (1)
$10,000 unsecured. Signed by US Magistrate Judge Marcos E. Lopez on
2/22/2022.(idg) (Entered: 02/25/2022)
02/22/2022 9 *RESTRICTED* Appearance Bond Entered as to Osvaldo Villegas−Rivera (1)
in amount of $ 10,000 unsecured. (idg) (Entered: 02/25/2022)
02/22/2022 Arrest of Osvaldo Villegas−Rivera (1). (mcc) (Entered: 03/03/2022)
02/24/2022 3 NOTICE OF ATTORNEY APPEARANCE: Victor J. Gonzalez−Bothwell
appearing for Osvaldo Villegas−Rivera (1) (Gonzalez−Bothwell, Victor)
(Entered: 02/24/2022)
02/24/2022 5 NOTICE OF ATTORNEY APPEARANCE: Edwin Prado−Galarza appearing
for Osvaldo Villegas−Rivera (1) (Prado−Galarza, Edwin) (Entered: 02/24/2022)
02/24/2022 6 MOTION to Continue Identity and Removal Hearing by Osvaldo
Villegas−Rivera (1). Responses due by 3/10/2022. NOTE: Pursuant to FRCP
6(a) an additional three days does not apply to service done electronically.
(Attachments: # 1 Exhibit 1)(Prado−Galarza, Edwin) (Entered: 02/24/2022)
02/25/2022 7 ORDER REGARDING 6 Motion to Continue as to Osvaldo Villegas−Rivera
(1). Granted. The identity and removal hearing via VTC is reset for March
1, 2022 at 11:00 am. Signed by US Magistrate Judge Marcos E. Lopez on
2/25/2022. (mcc) (Entered: 02/25/2022)
02/28/2022 10
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MOTION to Waive Identity and Removal Hearing and for Miscellaneous Relief
by Osvaldo Villegas−Rivera (1). Responses due by 3/14/2022. NOTE: Pursuant
to FRCP 6(a) an additional three days does not apply to service done
electronically. (Attachments: # 1 Exhibit 1)(Prado−Galarza, Edwin) (Entered:
02/28/2022)
02/28/2022 11 ORDER regarding 10 Motion as to Osvaldo Villegas−Rivera (1). Granted. The
waiver of the identity hearing is accepted and thus, the identity hearing is
vacated. The court deems the defendant who appeared via VTC at the initial
appearance hearing by the name of Osvaldo Villegas Rivera is the person
indicted in the Southern District of Florida (22−20039−CR−Altonaga/Torres).
The defendant shall appear before the United States District Court for the
Southern District of Florida on March 8, 2022, unless said court rules
otherwise. Signed by US Magistrate Judge Marcos E. Lopez on 2/28/2022. (jjr)
(Entered: 02/28/2022)
03/01/2022 12 MOTION to Withdraw as Attorney by Osvaldo Villegas−Rivera (1). Responses
due by 3/15/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does
not apply to service done electronically. (Gonzalez−Bothwell, Victor) (Entered:
03/01/2022)
03/01/2022 13 Emergency MOTION for Temporary Removal of Electronic Surveillance by
Osvaldo Villegas−Rivera (1). Responses due by 3/15/2022. NOTE: Pursuant to
FRCP 6(a) an additional three days does not apply to service done
electronically. (Prado−Galarza, Edwin) (Entered: 03/01/2022)
03/01/2022 15 ORDER regarding 12 Motion to Withdraw as Attorney. Granted. AFPD Victor
J. Gonzalez−Bothwell and CFPD Eric Vos are withdrawn from the case as to
Osvaldo Villegas−Rivera (1).Signed by US Magistrate Judge Marcos E. Lopez
on 3/01/2022. (mcc) (Entered: 03/03/2022)
03/03/2022 14 ORDER regarding 13 Motion as to Osvaldo Villegas−Rivera (1). Granted. If
the defendant does not have a REAL ID Driver's License, then the passport
shall be returned to him so that he can travel to Florida. In coordination with the
U.S. Probation Office, the defendant shall also be allowed to temporarily have
his ankle monitor removed during the period of time that he is in Florida. If,
after appearing before the United States District Court for the Southern District
of Florida on March 8, 2022, the defendant is allowed to remain under the same
conditions of release, he shall have his ankle monitor reinstalled and he shall
surrender once again his passport as soon as he returns to Puerto Rico. The
defendant shall maintain the U.S. Probation Office informed of his travel
arrangements and contact information. Signed by US Magistrate Judge Marcos
E. Lopez on 3/03/2022. (mcc) (Entered: 03/03/2022)
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