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United States of America v. Amadeo Medina

March 22, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
AMADEO MEDINA , DEFENDANT.



The opinion of the court was delivered by: Hayes Judge:

ORDER

The following motions are pending before the Court: 1) Defendant's motion to compel discovery (ECF No. 9); 2) Government's motion for reciprocal discovery (ECF No. 13); 3) Defendant's motion to Depart Downward (ECF No. 29); 4) Defendant's motion for Discovery (ECF No. 38); 5) Defendant's motion to dismiss indictment for lack of jurisdiction (ECF No. 41); 6) Defendant's motion to enter written request to fully inform jury (ECF No. 52); and 7) Defendant's motion for revocation of supervised release (ECF No. 56).

BACKGROUND

On January 4, 2012, the grand jury charged the Defendant Amadeo Medina with illegal entry in violation of 8 U.S.C. §1325 (Count One); and attempted entry after deportation in violation of 8 U.S.C. §1326(a) and (b) (Count two). (ECF No. 7).

On January 5, 2012, Defendant made an appearance before a Magistrate Judge and entered pleas of not guilty. (ECF No. 8).

On February 6, 2012, counsel on behalf of Defendant filed a motion to compel discovery. (ECF No. 9).

On February 16, 2012, the Government filed a response to Defendant's motion for discovery and a motion for reciprocal discovery (ECF No. 13).

On March 12, 2012, April 16, 2012 and May 14, 2012, the Court granted the Defendant's motions for continuances of the motion hearing date. (ECF Nos. 14, 15, and 16).

On June 19, 2012, Defendant appeared before the Magistrate Judge and requested that his current counsel be relieved and new counsel be appointed. The Magistrate Judge granted the Defendant's request, appointed new counsel for Defendant, and confirmed the motion hearing date of July 2, 2012. (ECF No. 18).

On July 2, 2012, Defendant appeared before this District Court Judge and informed the Court that he wished to represent himself. (ECF No. 19).

On July 3, 2012, Defendant appeared before this District Court Judge; the Court informed the Defendant of the nature of the charges against him, the possible penalties, and the dangers and disadvantages of self-representation as required under Farretta v. United States,422 U.S. 806 (1975). Defendant withdrew his request to represent himself and the Court set a motion hearing date for August 27, 2012 as requested by counsel for Defendant. (ECF No. 20).

On August 8, 2012, the Court held a hearing at the request of the Defendant. Defendant informed that Court that he wished to represent himself; the Court informed the Defendant of the nature of the charges against him, the possible penalties, and the dangers and disadvantages of self-representation. The Court granted Defendant's request to represent himself and appointed his counsel to stay on as advisory counsel. (ECF No. 22). Defendant subsequently filed motions on his behalf.

RULINGS OF THE COURT

Defendant's motion to compel discovery (ECF No. 9); Government's motion for reciprocal discovery (ECF No. 13); and Defendant's motion for Discovery (ECF No. 38)

All discovery matters appear resolved.

Defendant's Motion to Depart Downward (ECF No. 29)

Defendant moves the Court for "leniency pertains to the computation of the Defendant's Presentence Report criminal history points." (ECF No. 29 at 1). This case is in the pre-trial stage. Defendant's motion related to the calculation of his guideline range is denied without prejudice as premature.

Defendant's Motion to Dismiss Indictment for lack of jurisdiction (ECF No. 41)

Defendant moves the Court to dismiss the indictment on the following grounds: 1) the Court is without jurisdiction because the offense, if any, is cognizable only in the District of Columbia; 2) the Indictment does not state facts to constitute an offense against the United States; and 3) the Defendant was acquitted of the offense in Case No. 12cr37 terminated on January 4, 2012. The ...


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