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Date: 08-25-2023
Case Style:
Case Number: 2:23-cr-00067
Judge: Kevin J. Doyle
Court: United States District Court for the District of Vermont (Chattenden County)
Plaintiff's Attorney: United States Attorney’s Office in Burlington
Defendant's Attorney:
Devin McLaughlin for Victor Francisco Lopez-Padilla
Description: Burlington, Vermont criminal defense lawyer represented Defendant charged with human-smuggling and bringing a migrant without legal status to the United States for the purpose of private financial gain.
Victor Francisco Lopez-Padilla, age 35, of Trenton, New Jersey and Simon Jacinto-Ramos, a resident of Montreal, worked together to bring migrants to, and smuggle them into, the United States for their personal profit, while knowing that the migrants lacked legal status to enter and remain in the United States. The defendants arranged transportation for the smuggled migrants from the Montreal area to a remote area of the border between the United States and Canada near Richford, Vermont. They provided a route for the migrants to follow on foot, and they tracked the migrants’ progress via cell phone mapping programs. The defendants then arranged transportation for the migrants in the United States in furtherance of their illegal entry. The United States Border Patrol intercepted at least four such smuggling events between April 2022 and June 2023 that appeared to agents to have been organized by the defendants based on phone data and witness interviews, and those events involved at least 23 smuggled migrants in total.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Lopez-Padilla remains presumed innocent unless and until he is convicted of a crime. Lopez-Padilla faces a maximum sentence of 10 years of imprisonment and a minimum sentence of 3 years if convicted as charged. The actual sentence would be determined with reference to Federal Sentencing Guidelines.
U.S. Attorney Nikolas P. Kerest commended the investigative efforts of the United States Border Patrol and thanked Homeland Security Investigations and the New Jersey State Police for their support of Border Patrol in the apprehension of Lopez-Padilla.
Assistant U.S. Attorney Matthew Lasher is handling the prosecution of Lopez-Padilla and Jacinto-Ramos. Lopez-Padilla is represented by Devin McLaughlin, Esq.
8:1324(a)(1)(A)(v)(I), 1324(a)(1)(A)(ii), and 1324(a)(1)(B)(i).F BRINGING IN AND HARBORING ALIENS - knowingly conspired to move aliens within the United States
(1)
8:1324(a)(2)(B)(ii); 18:2.F BRINGING IN AND HARBORING ALIENS - knowingly brought H.P.J. to the United States for the purpose of commercial advantage and private financial gain
(2)
Outcome: 08/29/2023 28 MINUTE ENTRY for proceedings held before Judge Kevin J. Doyle: Initial Appearance and Arraignment as to Victor Francisco Lopez-Padilla (1) held on 8/29/2023. Present are AUSA Matthew Lasher for the gov't, Atty Devin McLaughlin w/ deft, and M. Cusick and J. Hansell for the USPO. Maria Jakobeit sworn as Spanish interpreter. Court informs deft of rights. Financial affidavit previously submitted in the DNJ reviewed. Deft sworn and Court makes inquiries. Court reads Indictment and through counsel deft enters plea of not guilty. Gov't reports on nature and extent of discovery. Statements by counsel re time required for filing pretrial motions. Court makes findings. Gov't moves for detention and deft does not object at this time. ORAL ORDER: Consistent with Fed. R. Crim. P. 5(f), Court confirms disclosure obligation of the prosecutor under Brady v. Maryland and possible consequences of violating such Order. ORDERED: Court appoints counsel on behalf of deft. Pretrial Motions to be filed by 11/27/2023. 22 MOTION for Detention is granted as unopposed. Deft to be detained pending further proceedings. (Court Reporter: Recorded) (hbc) (Entered: 08/29/2023)
08/29/2023 29 CRIMINAL PRETRIAL SCHEDULING ORDER as to Victor Francisco Lopez-Padilla (1). Motions due by 11/27/2023. Time excluded from 8/29/2023 to 11/27/2023. Signed by Judge Kevin J. Doyle on 8/29/2023. (hbc) (Entered: 08/29/2023)
08/29/2023 30 ORDER of Prosecutorial Obligation Under Fed. R. Crim. P. 5(f) as to Victor Francisco Lopez-Padilla (1). Signed by Judge Kevin J. Doyle on 8/29/2023. (hbc) (Entered: 08/29/2023)
08/29/2023 31 ORDER OF DETENTION (unopposed) as to Victor Francisco Lopez-Padilla (1). Signed by Judge Kevin J. Doyle on 8/29/2023. (hbc) (Entered: 08/29/2023)
Plaintiff's Experts:
Defendant's Experts:
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