Case: United States v. Garcia

INDICTMENT as to Shamar Tyrell Garcia (1) count(s) 1. (Attachments: # 1 AO 257) (JG) (Entered: 07/30/2025)

MINUTES OF PROCEEDINGS - Grand Jury Return as to Shamar Tyrell Garcia held on 7/30/2025 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Elvia G.; AUSA: Justin Washburne; Court Reporter/Recorder: Phyllis Anderson; Time of Hearing: 11:47 AM - 11:49 AM;. A roll call of the Grand Jury is taken with 17 members present, which constitutes a quorum. The foreperson of the Grand Jury presents its partial report and indictments. On the motion of the United States Attorney, IT IS ORDERED that the indictment be filed and a warrant and writ be issued. Initial Appearance/ Arraignment and Plea set for 8/12/2025 at 02:30 PM in LV Courtroom 3D before Magistrate Judge Elayna J. Youchah. (Copies have been distributed pursuant to the NEF - JG) Modified on 7/30/2025 (JG). (Entered: 07/30/2025)

Order Granting Petition for Writ of Habeas Corpus ad Prosequendum as to Shamar Tyrell Garcia. Signed by Magistrate Judge Brenda Weksler on 07/30/2025. (Copies have been distributed pursuant to the NEF - JG) (Entered: 07/30/2025)

WRIT of Habeas Corpus ad Prosequendum issued as to Defendant Shamar Tyrell Garcia by Magistrate Judge Brenda Weksler. Initial Appearance/ Arraignment and Plea set for 8/12/2025 at 02:30 PM in LV Courtroom 3D before Magistrate Judge Elayna J. Youchah. (JG) (Entered: 07/30/2025)

Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Brenda Weksler. (AMMi)

ORDER OF DETENTION PENDING TRIAL as to Shamar Tyrell Garcia. Defendant shall be detained pending trial. Signed by Magistrate Judge Elayna J. Youchah on 8/13/2025. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/14/2025)

NOTICE of Assertion of Right to be Present in Court Unshackled and Preservation of Appellate Rights as to Shamar Tyrell Garcia. (GA) (Entered: 08/14/2025)

NOTICE of Assertion of Right to Counsel, the Right to Remain Silent, and Request to Have Counsel Present During Questioning as to Shamar Tyrell Garcia. (GA) (Entered: 08/14/2025)

MINUTES OF PROCEEDINGS - Initial Appearance/Arraignment & Plea as to Shamar Tyrell Garcia held on 8/13/2025 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: Jeff Miller; AUSA: James Gaeta; Def Counsel: Keisha Matthews, FPD; PTS: Emily McKillip; Court Reporter/Recorder: Liberty/CRD; Recording start and end times: 2:52:35 - 2:57:17; Courtroom: 3D. Defendant is present in custody and in no restraints during court proceeding. Financial Affidavit filed. The Federal Public Defenders Office is appointed as defense counsel. Defendant is arraigned on Indictment. Defendant pleads NOT GUILTY to Count 1. Calendar Call set for 9/23/2025 at 1:00 PM in LV Courtroom 7D before Judge Richard F. Boulware II. Jury Trial set for 10/20/2025 at 8:30 AM in LV Courtroom 7D before Judge Richard F. Boulware II. Order regarding Pretrial Procedure is entered and will be served on counsel via CMECF. The U.S. Probation Office is directed to prepare a report detailing the defendant's criminal history, if any. The Court issues an oral order to the parties confirming the United States' Brady obligations. Government moves for detention. Defense submits. Defendant ORDERED detained. Defendant is remanded to custody. Separate Detention Order shall issue. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) (Entered: 08/13/2025)

ORDER APPOINTING COUNSEL as to Shamar Tyrell Garcia. FPD appointed as counsel for Defendant. Subpoenas issued upon request, with exception to out-of-state subpoenas which will require court approval. Signed by Magistrate Judge Elayna J. Youchah on 8/13/2025. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/14/2025)

ORDER REGARDING PRETRIAL PROCEDURE as to Shamar Tyrell Garcia. Responses to motions to be filed and served within 14 calendar days from the date of service of the motion, and reply brief to be served within 7 calendar days from the date of service of the response. Motions due by 9/12/2025. Signed by Magistrate Judge Elayna J. Youchah on 8/13/2025. (Copies have been distributed pursuant to the NEF - GA) (Entered: 08/14/2025)

JOINT DISCOVERY AGREEMENT by USA as to Shamar Tyrell Garcia . (Gaeta, James) (Entered: 08/14/2025)

NOTICE OF ATTORNEY APPEARANCE: Sean A McClelland appearing for Shamar Tyrell Garcia (McClelland, Sean) (Entered: 08/26/2025)

NOTICE OF ATTORNEY APPEARANCE: Heidi A Ojeda appearing for Shamar Tyrell Garcia (Ojeda, Heidi) (Entered: 08/26/2025)

NOTICE OF ATTORNEY APPEARANCE: Jeremy Charles Baron appearing for Shamar Tyrell Garcia (Baron, Jeremy) (Entered: 08/26/2025)

MOTION for Leave to File Excess Pages by Shamar Tyrell Garcia. (Attachments: # 1 Motion to dismiss indictment or disqualify U.S. Attorneys office)(Baron, Jeremy) (Entered: 08/26/2025)

ORDER Granting 18 Motion for Leave to File Motion to Dismiss in Excess of 30 pages pursuant to LCR 47-2 as to Shamar Tyrell Garcia (1). IT IS FURTHER ORDERED, the Government shall now file their Motion to Dismiss. Signed by Judge Richard F. Boulware, II on 8/28/2025. (Copies have been distributed pursuant to the NEF - MAM) (Entered: 08/28/2025)

MOTION to Dismiss indictment or disqualify U.S. Attorneys office by Shamar Tyrell Garcia. Responses due by 9/11/2025 (Baron, Jeremy) (Entered: 08/28/2025)

ORDER (28 U.S.C. § 292(b)) for the general designation of a District Judge for service in another District within the Ninth Circuit. The Honorable David G. Campbell, United States Senior District Judge for the District of Arizona, is designated to temporarily perform the duties of United States District Judge on an as-needed basis for the District of Nevada. Signed by Chief Circuit Judge Mary H. Murguia on 9/2/2025. (Copies have been distributed pursuant to the NEF - AF) (Entered: 09/02/2025)

ORDER. A status conference is set for 9/4/2025 at 3:00 PM in LV Courtroom 4B before Judge David G. Campbell. Signed by Senior U.S. District Judge David G. Campbell on 9/2/2025. (Attachments: # 1 Ninth Circuit Designation Order) (Copies have been distributed pursuant to the NEF - AF) (Entered: 09/02/2025)

MOTION for Leave to File Brief of Amicus Curiae Nevada Attorneys for Criminal Justice by Shamar Tyrell Garcia. Responses due by 9/16/2025 (Attachments: # 1 Exhibit 1)(Medina, Layla) (Entered: 09/02/2025)

MINUTE ORDER IN CHAMBERS of the Honorable Judge David G. Campbell on 9/2/2025. Regarding Order ECF No. 22, the status conference set for 9/4/2025 at 3:00 PM will be held in LV Courtroom 6B instead of courtroom 4B. (no image attached) (Copies have been distributed pursuant to the NEF - AF) (Entered: 09/02/2025)

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II, as to Shamar Tyrell Garcia on 9/2/2025.Pursuant to the 21 order of the Chief Judge of the Ninth Circuit and for judicial economy this entire case is transferred Judge David G. Campbell. The Clerk of Court is instructed to transfer the case to Judge David G. Campbell. (Copies have been distributed pursuant to the NEF - JMM) (Entered: 09/02/2025)

NOTICE OF ATTORNEY APPEARANCE Adam M Flake appearing for USA. NOTICE OF APPEARANCE (Flake, Adam) (Entered: 09/02/2025)

NOTICE OF ATTORNEY APPEARANCE Susan Cushman appearing for USA. NOTICE OF APPEARANCE (Cushman, Susan) (Entered: 09/04/2025)

MINUTES OF PROCEEDINGS - Status Conference as to Shamar Tyrell Garcia held on 9/4/2025 before Senior District Judge David G. Campbell. Crtrm Administrator: D. Saavedra; AUSA: Adam Flake and Susan Cushman; Def Counsel: Jeremy Baron, Sean McClelland and Heidi Ojeda; Court Reporter/Recorder: Samantha McNett; Time of Hearing: 3:00 p.m. - 3:19 p.m.; Courtroom: 6B. Defendants presence are waived. The Court makes preliminary remarks and addresses scheduling matters in Case Nos. 2:25-cr-00227-DGC-BNW, 2:25-cr-00230-DGC-BNW, and 2:25-cr-00240-DGC-BNW. The Court grants Motion for Leave to File Brief of Amicus Curiae Nevada Attorneys for Criminal Justice ECF No. 25 as to Case No: 2:25-cr-00227-DGC-BNW, grants ECF No. 23 as to Case No: 2:25-cr-00230-DGC-BNW, and ECF No. 26 as to Case No: 2:25-cr-00240-DGC-BNW. A briefing schedule is set. Government counsel further addresses Case No. 3:25-cr-0026, United States v. Enriquez, which will also be included in oral argument. The Court sets oral argument for Tuesday, September 23, 2025, at 2:00 p.m. If the Clerk's Office is unable to accommodate staff for that date, the matter will be reset to Wednesday, September 24, 2025, at 2:00 p.m. The Court will enter order as to stipulation to continue trial dates in Case No. 2:25-cr-00227 following the hearing. Responses are due by September 10, 2025. Replies are due by September 17, 2025.Oral argument is set for September 23, 2025, at 2:00 p.m. in Las Vegas Courtroom 6B before Senior District Judge David G. Campbell. Courtroom assignment to be determined.(no image attached) (Copies have been distributed pursuant to the NEF - DXS) Modified on 9/11/2025 to reflect granting of Motions No. 25, 23 and 26 (DXS).. (Entered: 09/05/2025)

AMICUS BRIEF of Nevada Attorneys for Criminal Justice in support of 20 Motion to Dismiss Indictment or Disqualify U.S. Attorney's Office. (AF) (Entered: 09/11/2025)

RESPONSE to 20 Motion to Dismiss by USA as to Shamar Tyrell Garcia. Replies due by 9/17/2025. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Flake, Adam) (Entered: 09/10/2025)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

RESPONSE to 32 Amicus Brief of Nevada Attorneys for Criminal Justice, by USA as to Shamar Tyrell Garcia. Replies due by 9/17/2025. (Flake, Adam) Modified on 9/11/2025 to link to brief (AF). (Entered: 09/10/2025)

MINUTE ORDER IN CHAMBERS of the Honorable Senior District Judge David G. Campbell, as to Shamar Tyrell Garcia on 9/11/2025.To accommodate staffing needs, the Oral Argument set for 9/23/2025 is RESET to 9/24/2025 at 02:00 PM before Senior District Judge David G. Campbell. (no image attached) (Copies have been distributed pursuant to the NEF - CB) (Entered: 09/11/2025)

NOTICE OF ATTORNEY APPEARANCE Daniel Schiess appearing for USA. (Schiess, Daniel) (Entered: 09/12/2025)

NOTICE OF ATTORNEY APPEARANCE Brenna Lv Bush appearing for USA. (Bush, Brenna) (Entered: 09/16/2025)

First STIPULATION TO CONTINUE (First Request) Motion Deadlines and Trial Dates re 6 Initial/ Arraignment & Plea,,,,, 9 Order Regarding Pretrial Procedure, by Shamar Tyrell Garcia. (Matthews, Keisha) (Entered: 09/16/2025)

REPLY to Response to 20 Motion to Dismiss by Shamar Tyrell Garcia. (Baron, Jeremy) (Entered: 09/17/2025)

ORDER granting 35 Stipulation as to Shamar Tyrell Garcia (1). The parties herein shall have to and including December 11, 2025 to file any and all pretrial motions and notice of defense. IT IS FURTHER ORDERED that the parties shall have to and including December 29, 2025 to file any and all responses. IT IS FURTHER ORDERED that the parties shall have to and including January 5, 2026 to file any and all replies. IT IS FURTHER ORDERED that trial briefs, proposed voir dire questions, proposed jury instructions, and a list of the Governments prospective witnesses must be electronically submitted to the Court by the 12th day of January, 2026. IT IS FURTHER ORDERED that the calendar call currently scheduled for September 23, 2025, at the hour of 9:00 a.m., be vacated and continued to January 20, 2026 at the hour of 9:00 a.m.; and the trial currently scheduled for October 20, 2025, at the hour of 8:30 a.m., be vacated and continued to January 26, 2026 at the hour of 8:30 a.m. Signed by Senior District Judge David G. Campbell on 9/24/25. (Copies have been distributed pursuant to the NEF - CB) Modified on 9/24/2025 (CB). (Entered: 09/24/2025)

MINUTES OF PROCEEDINGS - Motion Hearing as to Shamar Tyrell Garcia held on 9/24/2025 before Senior District Judge David G. Campbell. Crtrm Administrator: C. Torres; AUSA: Daniel Schiess, Susan Cashman; Def Counsel: Jeremy Baron, AFPD, Sean McClelland, AFPD and Heidi Ojeda, AFPD; Court Reporter/Recorder: Samantha McNett; Time of Hearing: 2:05 P.M. - 3:59 P.M.; Courtroom: 6B. Matter heard simultaneously with 2:25-cr-00227-DGC-BNW, 2:25-cr-00240-DGC-BNW and 3:25-cr-0026-DGC-CLB. Defendant's appearance is waived. Defendant Devonte Devon Jackson is present in the courtroom in custody. The Court heard arguments by counsel regarding the merits of the Motion to Dismiss Indictment or Disqualify U.S. Attorneys Office ECF No. 20 . This matter is taken under advisement. The court will issue a written order. (no image attached) (Copies have been distributed pursuant to the NEF - CT) (Entered: 09/24/2025)

ORDER granting in part and denying in part 20 Motion to Dismiss as to Shamar Tyrell Garcia (1). Defendants' motions are granted to the extent they seek disqualification of Ms. Chattah from supervising their criminal prosecutions. Ms. Chattah is disqualified from supervising these cases or any attorneys in the handling of these cases. The government attorneys handling these cases shall, within 7 days of this order, file statements in the docket that they are not being supervised by Ms. Chattah in their prosecution of these cases. They shall amend the filing if that changes at any time during the life of these cases. Defendants' motions are denied to the extent they seek dismissal of their indictments. These cases shall be reassigned to the District Judges in Nevada to whom they were originally assigned. The undersigned judge will remain available to handle similar motions filed in other Nevada cases, if warranted. Signed by Senior District Judge David G. Campbell on 9/30/2025. (Copies have been distributed pursuant to the NEF - CB) (Entered: 09/30/2025)

CLERK'S NOTICE that this case is reassigned to District Judge Richard F. Boulware, II, in accordance with Order 39 . All further documents must bear the correct case number 2:25-cr-00230-RFB-BNW. (no image attached) (AF) (Entered: 09/30/2025)

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II, as to Shamar Tyrell Garcia on 10/1/2025.Due to the Re-assignment of this matter back to the Honorable Judge Boulware, II, IT IS ORDERED THE the following hearings and deadlines are reset as follows: Calendar Call set for 12/11/2025 at 01:00 PM in LV Courtroom 7C before Judge Richard F. Boulware II. Pretrial Motions and Notices of Defense are due by 11/1/2025, Responses and replies will be due within 14 and 7 days of service of the motion or response, respectively. LCR 12-l(a)(2)-(3).Motions in Limine are due on 11/14/2025 with Responses due 11/28/2025.Exhibit List, Witness List, Proposed Jury Instructions, and Proposed Voir Dire are due by 12/5/2025. Joint Status Report is due by 11/21/2025. (no image attached) (Copies have been distributed pursuant to the NEF - DRS) (Entered: 10/01/2025)

NOTICE OF APPEAL by USA as to Shamar Tyrell Garcia re 39 Order on Motion to Dismiss,,,, E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. Designation of Transcripts and Transcript Order forms and instructions for appeal can be found on the Court's website at www.nvd.uscourts.gov. (Flake, Adam) (Entered: 10/02/2025)

MOTION for Stay Pending Appeal re 42 Notice of Appeal, by USA as to Shamar Tyrell Garcia. Responses due by 10/17/2025 (Flake, Adam) (Entered: 10/03/2025)

USCA Appellate Case Number 25-6229 assigned to 42 Notice of Appeal. (RJDG) (Entered: 10/06/2025)

USCA ORDER for Time Schedule as to 42 Notice of Appeal, filed by USA. USCA Case Number 25-6229. (RJDG) (Entered: 10/06/2025)

NOTICE (Certification) by USA as to Shamar Tyrell Garcia re 39 Order on Motion to Dismiss,,,,. (Flake, Adam) (Entered: 10/06/2025)

NOTICE (Certification) by USA as to Shamar Tyrell Garcia re 39 Order on Motion to Dismiss,,,,. (Bush, Brenna) (Entered: 10/07/2025)

MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II, as to Shamar Tyrell Garcia on 10/7/2025.Based upon the Order from the Ninth Circuit and prior determinations, this Court temporarily recuses itself as to the resolution of the Motion to Stay 43 and transfers this case to Judge David Campbell for the purpose of resolving this motion and issue. (no image attached) (Copies have been distributed pursuant to the NEF - DRS) (Entered: 10/07/2025)

NOTICE OF APPEAL by Shamar Tyrell Garcia re 39 Order on Motion to Dismiss,,,, E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. Designation of Transcripts and Transcript Order forms and instructions for appeal can be found on the Court's website at www.nvd.uscourts.gov. (Baron, Jeremy) (Entered: 10/10/2025)

RESPONSE to 43 Motion by Shamar Tyrell Garcia. Replies due by 10/22/2025. (Baron, Jeremy) (Entered: 10/15/2025)

REPLY to Response to 43 Motion by USA as to Shamar Tyrell Garcia. (Flake, Adam) (Entered: 10/20/2025)

ORDER granting 43 Motion to Stay as to Shamar Tyrell Garcia (1). The Court's earlier decision, United States v. Garcia, 2025 WL 2784640 (D. Nev. Sept. 30, 2025), is stayed until completion of the Ninth Circuit's review. Signed by Senior District Judge David G. Campbell on 10/23/2025. (Copies have been distributed pursuant to the NEF - CB) (Entered: 10/23/2025)