USA v. Cerrato-Avilez

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
ORLIN RAFAEL CERRATO-AVILEZ,
Defendant.
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Case No. 26-00080-01-CR-W-DGK
MEMORANDUM OF MATTERS DISCUSSED AND
ACTION TAKEN AT PRETRIAL CONFERENCE
PENDING CHARGE: On March 10, 2026, the Grand Jury returned a one-count Indictment
charging Defendant with illegal reentry by a deported alien in violation of Title 8, United States
Code, Section 1326(a). (Doc. #1.)
The following matters were discussed and action taken during the pretrial conference:
TRIAL COUNSEL:
Government: Michael Nichols
Case Agent: Special Agent Douglas Bemiss, Department of Homeland Security
Investigations
Defense: Angela Williams
Investigation: Kendra Jackson
CERTIFICATE OF COMPLIANCE: The Government and defense counsel have certified that
each have produced all discovery in accordance with the deadlines established in the Arraignment
and Discovery Order and have timely complied with all pretrial filing deadlines established by the
Scheduling and Trial Order up to the date of the pretrial conference.
OUTSTANDING MOTIONS: No outstanding motions.
TRIAL WITNESSES:
Government: 2-3 with stipulations; 2-3 without stipulations
Defendant: 1 witness, including the Defendant
TRIAL EXHIBITS:
Government: approximately 5 exhibits
Defendant: approximately no more than 10 exhibits
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DEFENSES: General denial
POSSIBLE DISPOSITION:
(X) Definitely for trial; ( ) Possibly for trial; ( ) Likely a plea will be worked out
TRIAL TIME: no more than 1½ days total
Government’s case including jury selection: 1 day
Defendant: 1/2 day
STIPULATIONS: None
UNUSUAL QUESTIONS OF LAW: None
FILING DEADLINES: The parties are reminded of the following pretrial filing deadlines as
originally set forth in the Scheduling and Trial Order (Doc. #19):
Witness and Exhibit Lists: Due no later than fourteen days prior to trial.
Please note: Counsel are requested to list witnesses in alphabetical order on their witness
list.
Motion in Limine: Due no later than fourteen days prior to trial.
Stipulations: Due no later than fourteen days prior to trial.
Additionally, Exhibit Index, if required by the District Court, Voir Dire, Jury
Instructions are due no later than seven days prior to trial.
Please Note: Jury instructions must comply with Local Rule 51.1
TRIAL SETTING: Criminal jury trial docket set for April 20, 2026.
Normal jury panel: Yes
Please note: The parties are available either week.
IT IS SO ORDERED.
/s/ Lajuana M. Counts
Lajuana M. Counts
United States Magistrate Judge
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