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 26 |
Filed: 8/11/2008, Entered: 8/11/2008 |
Order |
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MEMORANDUM OPINION AND ORDER #96360 as to Jose V. Terrazas. Defendant Jose Terrazas ("Defendant") has been indicted and charged with making false statements in a 2006 application for naturalization and during his citizenship interview in violation of 18 U.S.C. Section 1015(a). According to the indictment, Defendant falsely represented, inter alia, that he had never been arrested or convicted of a crime when, in fact, he had been arrested on four occasions between 1976 and 1993, these arrests leading to two convictions. Under 18 U.S.C. Section 1015(a), "[w]hoever knowingly makes any false statement under oath, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturalization, citizenship, or registry of aliens... [s]hall be fined under this title or imprisoned not more than five years, or both." Defendant argues that the indictment must be dismissed because the government cannot establish an essential element of the offenses. According to Defendant, materiality is an element of a Section 1015(a) violation and the false statements Defendant is alleged to have made are, as a matter of law, immaterial. The government contends that Section 1015(a) does not include a materiality requirement and the statements at issue, are, in any case, material. The Court concludes that 18 U.S.C. Section 1015(a) does not require a showing of materiality; as a consequence, the Court does not consider the materiality of the false statements with which Defendant is charged....[See Order]... CONCLUSION: For the reasons stated, Defendant's motion to dismiss [17] is DENIED. (Signed by Judge Richard J. Holwell on 8/8/08)(bw) Modified on 8/13/2008 (cd).
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Filed: 8/7/2008, Entered: 8/14/2008 |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Richard J. Holwell:Pretrial Conference as to Jose V. Terrazas held on 8/7/2008 as to Jose V. Terrazas( Pretrial Conference set for 9/22/2008 at 05:00 PM before Judge Richard J. Holwell.)Deft present with atty Defense counsel Steven Peikin and Amy Howlett present: AUSA Adam Hickey present; court reporter Denise Richards present. Court Interpreter Francisco Olivero present. Defendant Terrazas - O/A held: The Court DENIED motion to dismiss & 1015(a) has no materiality requirement, Next PTC set for 9/22/08 at 5:00pm. Time is excluded from today until 9/22/08 from the speedy trial calculations in the interest of justice. (jw)
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| 25 |
Filed: 6/17/2008, Entered: 6/17/2008 |
Endorsed Letter |
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ENDORSED LETTER as to Jose V. Terrazas addressed to Judge Holwell from Adam S. Hickey re: Exclude Time., ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Jose V. Terrazas. Time excluded from 6/13/08 until 7/18/08....ENDORSEMENT...Application Granted. Time is excluded under STA for the reasons stated. SO ORDERED. (Signed by Judge Richard J. Holwell on 6/13/08)(jw)
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| 24 |
Filed: 5/5/2008, Entered: 5/5/2008 |
Transcript |
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TRANSCRIPT of Proceedings as to Jose V. Terrazas held on 4-4-08 before Judge Richard J. Holwell. (jab)
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| 23 |
Filed: 4/30/2008, Entered: 4/30/2008 |
Transcript |
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TRANSCRIPT of Proceedings (Argument) as to Jose V. Terrazas held on 4/4/08 before Judge Richard J. Holwell. (ja)
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Filed: 4/4/2008, Entered: 4/14/2008 |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Richard J. Holwell: Pretrial Conference as to Jose V. Terrazas held on 4/4/2008. Jose Terrazas present w/attys Steven Peikin and Amy Howlett present. AUSA Adam Hickey present. Crt rptr present. Crt interpreter Mirta Hess present. Oral argument held. The Crt reserves decision. Both parties request adjournment for the Crt to enter decision. The Crt grants motion. Next PTC the Crt will set next PTC. (Court Reporter Michael McDaniels) (ja)
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| 22 |
Filed: 3/21/2008, Entered: 3/21/2008 |
Endorsed Letter |
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ENDORSED LETTER as to Jose V. Terrazas, addressed to Judge Holwell, from Adam S. Hickey, AUSA, dated 3/11/08, re: the 3/20/08 conference has been rescheduled to Friday, April 4, 2008 at 11:30 a.m. - requesting that the Court exclude time from 3/20/08 until 4/4/08. -- Judge endorsed: Time is excluded under the STA from today to 4/4/08 for the reasons stated above and in the interests of justice. SO ORDERED. ( Pretrial Conference set for 4/4/2008 at 11:30 AM before Judge Richard J. Holwell.) (Signed by Judge Richard J. Holwell on 3/11/08)(ja)
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| 21 |
Filed: 3/11/2008, Entered: 3/11/2008 |
Endorsed Letter |
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ENDORSED LETTER as to Jose V. Terrazas addressed to Judge Holwell from Steven R. Peikin re: Reschedule Briefing as to Jose V. Terrazas( Oral Argument set for 4/4/2008 at 11:30 AM before Judge Unassigned.), ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Jose V. Terrazas. Time excluded from 3/11/08 until 4/4/08....ENDORSEMENT...Oral argument adjourned to 4/4/08 at 11:30am. Time is excluded under the STA for the reasons stated above and with interests of justice. SO ORDERED. (Signed by Judge Richard J. Holwell on 3/11/08)(jw)
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| 20 |
Filed: 2/15/2008, Entered: 2/15/2008 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support as to Jose V. Terrazas re: [17] MOTION to Dismiss (CORRECTED).. (Peikin, Steven)
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| 19 |
Filed: 2/8/2008, Entered: 2/8/2008 |
Memorandum in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Jose V. Terrazas re [17] MOTION to Dismiss (CORRECTED).. (Hickey, Adam)
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| 18 |
Filed: 1/24/2008, Entered: 1/24/2008 |
Memorandum in Support of Motion |
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MEMORANDUM in Support by Jose V. Terrazas re [15] MOTION to Dismiss (CORRECTED).. (CORRECTED) (Howlett, Amy)
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| 17 |
Filed: 1/24/2008, Entered: 1/24/2008, Terminated: 8/11/2008 |
Motion to Dismiss |
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MOTION to Dismiss (CORRECTED). Document filed by Jose V. Terrazas. (Howlett, Amy)
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| 16 |
Filed: 1/24/2008, Entered: 1/24/2008 |
~Notice (other) |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of of Motion (CORRECTED) as to Jose V. Terrazas (Howlett, Amy) Modified on 1/24/2008 (lb).
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| 15 |
Filed: 1/24/2008, Entered: 1/24/2008, Terminated: 1/24/2008 |
Motion to Dismiss |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (CORRECTED). Document filed by Jose V. Terrazas. (Howlett, Amy) Modified on 1/24/2008 (lb).
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| 14 |
Filed: 1/24/2008, Entered: 1/24/2008 |
~Notice (other) |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - NOTICE of of Motion as to Jose V. Terrazas (Howlett, Amy) Modified on 1/24/2008 (lb).
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Filed: 1/24/2008, Entered: 1/24/2008 |
Note to Attorney to Re-File Document - Document Ty |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Amy Elizabeth Howlett as to Jose V. Terrazas: to RE-FILE Document [16] Notice (Other). Use the document type MOTION found under the document list MOTIONS and RELATED FILINGS - MOTIONS. (lb)
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Filed: 1/24/2008, Entered: 1/24/2008 |
Note to Attorney to Re-File Document - Document Ty |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Amy Elizabeth Howlett as to Jose V. Terrazas: to RE-FILE Document [15] MOTION to Dismiss (CORRECTED). Use the document type MEMORANDUM OF LAW IN SUPPORT found under the document list MOTIONS and RELATED FILINGS - REPLIES, OPPOSITION and SUPPORTING DOCUMENTS. (lb)
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| 13 |
Filed: 1/23/2008, Entered: 1/23/2008, Terminated: 1/23/2008 |
Motion to Dismiss |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss. Document filed by Jose V. Terrazas. Return Date set for 1/23/2008 at 12:00 AM. (Howlett, Amy) Modified on 1/24/2008 (lb).
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| 12 |
Filed: 1/7/2008, Entered: 1/7/2008 |
Notice of Attorney Appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Adam Sean Hickey appearing for USA. (Hickey, Adam)
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| 11 |
Filed: 1/3/2008, Entered: 1/3/2008 |
Endorsed Letter |
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ENDORSED LETTER as to Jose V. Terrazas addressed to Judge Holwell from AUSA Adam S. Hickey dated 12/19/07 re: the pretrial conference previously scheduled for 12/14/07 has been rescheduled for 3/20/08 at 12:00 p.m., the Govt requests that the Court exclude time from today until 3/20/08 pursuant to the Speedy Trial Act. ENDORSEMENT: Application Granted. Time excluded under the STA from today to 3/20/08 in the interests of justice for the above stated reasons. (Signed by Judge Richard J. Holwell on 12/19/07)(bw)
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Filed: 1/3/2008, Entered: 1/3/2008 |
Set/Reset Hearings |
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Set/Reset Hearings as to Jose V. Terrazas: Pretrial Conference set for 3/20/2008 at 12:00 PM before Judge Richard J. Holwell.(bw)
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| 10 |
Filed: 12/19/2007, Entered: 12/19/2007 |
Endorsed Letter |
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ENDORSED LETTER as to Jose V. Terrazas, addressed to Judge Holwell, from Steven R. Peikin, Atty for dft, dated 12/7/07, re: proposed briefing schedule: dft's motion due 1/23/08; govt's response due 2/8/08; dft's reply due 2/15/08. Also request that the status conference scheduled for 12/14/07 be adjourned to a time convenient for the Court.... The Gov't consents to Speedy Trial Act until the next conference. -- Judge endorsed: Proposed schedule adopted. A hearing on the motion will be held on 3/30/08 at 12 noon. Time is excluded under the STA from today to 3/20/08 to permit dft adequate opportunity to prepare and file his proposed motion. The exclusion of time is in the interests of justice and outweighs the interest of the public and the dft in a speedy trial. SO ORDERED. ( Motions due by 1/23/2008, Responses due by 2/8/2008, Replies due by 2/15/2008. Oral Argument set for 3/20/2008 at 12:00 PM before Judge Richard J. Holwell.) (Signed by Judge Richard J. Holwell on 12/7/07)(ja)
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| 9 |
Filed: 12/5/2007, Entered: 12/5/2007 |
Transcript |
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TRANSCRIPT of Proceedings as to Jose V. Terrazas held on 11/2/07 before Judge Judge Richard J. Holwell. (jbe)
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| 8 |
Filed: 11/13/2007, Entered: 11/13/2007 |
Endorsed Letter |
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ENDORSED LETTER as to Jose V. Terrazas addressed to Judge Holwell from Attorney Steven R. Peikin dated 10/26/07 re: submitted to request an adjournment of the status conference from Wednesday, 10/31/07 at 10:00 a.m., to Friday, 11/2/07 at 10:00 a.m. The Govt consents to the adjournment and ask that time be excluded under the Speedy Trial Act until 11/2/07. ENDORSEMENT: Conference adjourned to 11/2/07. Time is excluded under the STA from today to 11/2/07 in the interests of justice to permit defendant to be adequately represented by counsel. (Signed by Judge Richard J. Holwell on 10/26/07)(bw)
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Filed: 11/2/2007, Entered: 11/7/2007 |
Oral Order |
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ORAL ORDER as to Jose V. Terrazas. Time excluded from 11/2/07 until 12/14/07. Pretrial Conference set for 12/14/2007 at 10:30 AM before Judge Richard J. Holwell. (bw)
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Filed: 11/2/2007, Entered: 11/7/2007 |
Pretrial Conference |
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Minute Entry for proceedings held before Judge Richard J. Holwell :Pretrial Conference as to Jose V. Terrazas held on 11/2/2007. Deft Jose V. Terrazas present; Defense counsel Steven Peikin and Amy Howlett present; AUSA Adam Hickey present; Court reporter Vincent Balogna present; Court Interpreter Mirta Hess present. Deft Terrazas - Conference held: Both parties request adjournment for discovery. The Court grants motion. Next PTC 12/14/07 at 10:30 a.m. Time is excluded from today until 12/14/07 from the speedy trial calculations in the interest of justice. (bw)
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| 6 |
Filed: 10/26/2007, Entered: 10/26/2007 |
Bond |
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Appearance Bond Entered as to Jose V. Terrazas in amount of $ 50,000.00. $50,000.00 PRB; co-signed by 3 FRP's; travel limits include the SDNY & EDNY; surrender of travel documents and no new applications; strict Pre-trial supervision; defendant may be released upon own signature and one co-signer executes the bond; the remaining conditions to be met within one week of the defendant's release. (bw)
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| 5 |
Filed: 10/19/2007, Entered: 10/25/2007 |
Advice of Penalties and Sanctions |
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ADVICE OF PENALTIES AND SANCTIONS as to Jose V. Terrazas. (ja)
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| 7 |
Filed: 10/17/2007, Entered: 11/5/2007 |
CJA 20 Appointment |
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CJA 20 as to Jose V. Terrazas: Appointment of Attorney Steven Robert Peikin for Jose V. Terrazas. (Signed by Judge Henry B. Pitman on 10/24/07) CJA Office Mailed the Original to Attorney, and Sent Copy to File.(sac)
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| 4 |
Filed: 10/17/2007, Entered: 10/25/2007 |
Financial Affidavit-CJA 23 |
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CJA 23 Financial Affidavit by Jose V. Terrazas. (Signed by Judge Henry B. Pitman )(CJA Steve Peikin) (pr)
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| 2 |
Filed: 10/17/2007, Entered: 10/19/2007 |
Order to Unseal Indictment |
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Order to Unseal Indictment as to Defendant Sealed.. (Signed by Judge Henry B. Pitman on 10/17/07)(jm)
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Filed: 10/17/2007, Entered: 10/25/2007 |
Add and Terminate Attorneys |
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Attorney update in case as to Jose V. Terrazas. Attorney Steven Robert Peikin for Jose V. Terrazas added.. (pr)
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Filed: 10/17/2007, Entered: 10/23/2007 |
Plea Entered |
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Minute Entry for proceedings held before Judge Henry B. Pitman : Plea entered by Jose V. Terrazas (1) Count 1-2 Not Guilty. (jw)
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Filed: 10/17/2007, Entered: 10/23/2007 |
Arraignment |
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Minute Entry for proceedings held before Judge Henry B. Pitman :Arraignment on Disposition Sheet as to Jose V. Terrazas (1) Count 1-2 held on 10/17/2007. Deft present with atty Steve Peiken. AUSA Adam Hickey present. Deft arraigned and plead not guilty. Time between today and 10/31/07 excluded on consent. (jw)
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Filed: 10/17/2007, Entered: 10/23/2007 |
Initial Appearance |
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Minute Entry for proceedings held before Judge Henry B. Pitman :Initial Appearance on Disposition Sheet as to Jose V. Terrazas held on 10/17/2007. Deft present with atty Steve Peiken. AUSA Adam Hickey present. $50,000 PRB, 3 FRP, Travel restricted to SDNY/EDNY; Surrender travel documents (& No new applications), Strict pretrial, Deft to be released upon following conditions: When deft and 1 cosigner execute bond the remaining conditions to be met by within one week of deft; (jw)
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Filed: 10/17/2007, Entered: 10/19/2007 |
Case Designated ECF. |
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Case Designated ECF as to Jose V. Terrazas. (jm)
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Filed: 10/17/2007, Entered: 10/19/2007 |
Indictment Unsealed |
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INDICTMENT UNSEALED as to Jose V. Terrazas. (jm)
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| 1 |
Filed: 8/20/2007, Entered: 10/19/2007 |
Indictment -Sealed |
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SEALED INDICTMENT as to Defendant Sealed (1) count(s) 1-2. (jm)
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