UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

_________________

United States of America, )

) No. 15-8378MJ

Plaintiff, )

)

vs. ) Phoenix, Arizona

) August 26, 2015

Ahmed Mohammed El Gammal, ) 

)

Defendant. )

_____________________________ )

BEFORE: THE HONORABLE JOHN Z. BOYLE, MAGISTRATE JUDGE

TRANSCRIPT OF PROCEEDINGS

COUNSEL/IDENTITY/DETENTION/PRELIMINARY HEARING

APPEARANCES:

For the Plaintiff:

U.S. Attorney's Office 

By: Ann B. Scheel, Esq.

40 North Central Avenue, Suite 1200 

Phoenix, Arizona 85004 

For the Defendant:

Mitchell Stein & Carey 

By: Michael T. Morrissey, Esq.

2 North Central Avenue, Suite 1900 

Phoenix, Arizona 85004 

Transcriptionist:

Candy L. Potter 

Sandra Day O'Connor U.S. Courthouse, Suite 312

401 West Washington Street, Spc 36

Phoenix, Arizona 85003-2151

(602) 322-7246

Proceedings Recorded by Electronic Sound Recording

Transcript Produced by Transcriptionist

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15-8378MJ - August 26, 2015

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THE CLERK: Magistrate docket 15-8378, United States 

of America versus Ahmed Mohammed El Gammal, on for status 

hearing regarding counsel, identity, detention, and preliminary 

hearing. 

MS. SCHEEL: Good afternoon, Your Honor, Ann Scheel on 

behalf of the United States. 

THE COURT: Good afternoon. 

MR. MORRISSEY: Good afternoon, Your Honor, Mike 

Morrissey on behalf of Mr. El Gammal, who is present. 

Perhaps we should take up the counsel issue first? 

THE COURT: Please. 

Good afternoon, sir, Mr. El Gammal. 

MS. ALVARADO: And, Your Honor, Jeanette Alvarado. I 

was temporarily appointed. 

THE COURT: Yes. 

MS. ALVARADO: Yes. 

THE COURT: Good afternoon. Thank you for coming. 

I see the appearance of counsel form. 

Mr. Morrissey, am I correct that your firm has been

hired to represent Mr. El Gammal? 

MR. MORRISSEY: Yes. 

THE COURT: All right. With that, Miss Alvarado, 

you're released. Thank you very much. 

MS. ALVARADO: Thank you. 

THE COURT: All right. We have the issue of -- we're 

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15-8378MJ - August 26, 2015

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here for status hearing on identity, detention, and preliminary 

hearing. Mr. Morrissey, what's -- 

Well, let me ask the Government, is the Government 

seeking detention in this matter? 

MS. SCHEEL: Yes, Your Honor. 

THE COURT: Okay. With that, how do you wish to 

proceed? 

MR. MORRISSEY: Your Honor, we'd like to schedule a

detention hearing and a preliminary hearing. 

We will address identity by admitting that 

Mr. El Gammal is the individual identified in the Complaint. 

THE COURT: All right. So my understanding is that

we'll reset this for a preliminary and detention hearing on 

August 28th at 1:30 back in this court. 

Any objection by either party? 

MS. SCHEEL: That's Friday, Your Honor? 

MR. MORRISSEY: We're just trying to figure out if 

that's Friday. Is that Friday? 

No objection. 

MS. SCHEEL: At what time? I'm sorry. 

THE COURT: 1:30. 

MS. SCHEEL: 1:30? That should be fine. 

THE COURT: All right. So, sir, what we're doing is 

we're establishing that your two hearings will be set for this 

Friday at 1:30 back in this courtroom. 

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15-8378MJ - August 26, 2015

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You also have the right to an identity hearing. That 

would require the Government to establish proof that you're the 

individual named in the Complaint. Your attorney's advised 

you're willing to give up that identity hearing. 

Do you understand that? 

THE DEFENDANT: Yes. 

THE COURT: Do you agree to give up your right to that 

hearing? 

THE DEFENDANT: Yes, I do. 

THE COURT: All right. The Court accepts your waiver 

of your identity hearing. We'll note for the record that your 

identity is established for the purposes of the rule. 

We have set your other two matters. 

And with that is there anything else from either 

counsel? 

MS. SCHEEL: No, Your Honor. 

MR. MORRISSEY: No, Your Honor. 

THE COURT: All right. So, sir, what that means then 

is you'll remain in custody, but we're resetting this -- 

MS. SCHEEL: There was one. Your Honor, this 

Complaint was sealed initially. I've been informed by the 

Southern District of New York that an order was issued today 

unsealing it. So this matter is not sealed. 

THE COURT: All right. Well, it's already unsealed? 

MS. SCHEEL: It is -- there has been an order 

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15-8378MJ - August 26, 2015

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unsealing the matter. 

THE COURT: Okay. So the matter is unsealed. 

Let me advise both counsel as well that -- I need to 

advise you of one more thing. This is for either party, the 

Statute 3145 permits a review by the court of original 

jurisdiction, that would be the court in New York, to hear any 

appeal of any determination, either way. So this applies to 

both. 

Normally during the middle of the week this is easier 

because you have some time, you have a few days to go forward 

and petition that court. Normally any magistrate judge here or 

district court judge here would -- if that court reviewed it 

and was not the original court, would give you a stay of some 

time. 

So just be aware that if -- you should just keep that 

in mind, because the stay's not going to be -- if one party 

seeks to seek original jurisdiction review in the District of 

New York, that -- any order out of this Court would be pretty 

quick, which is to say I would not give either party a week. I 

would give you a day or two. Because you already have advance 

notice of what's going to happen here, and you can take that 

into account. 

Miss Scheel? 

MS. SCHEEL: That's all right. I guess, in speaking 

with the assistants in the Southern District of New York, it 

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would be their intention to appeal to the District Court in 

New York, should this Court order the defendant's release. 

So it's the Court's position that you might give them 

until Monday or Tuesday -- a stay until Monday or Tuesday if 

that is ordered on Friday? 

THE COURT: Yeah. I would grant a stay. And I would 

grant a stay for the defense as well. 

MS. SCHEEL: Okay. 

THE COURT: So -- although it would be really less of 

an issue. But, yeah, I'm just giving you notice up front that 

a party that came in and wanted a week, given the fact that 

we've had all this time ahead, and you're remaining in custody 

while this case proceeds, I give that very serious 

consideration. 

So, yes, you read the Court correctly. 

MS. SCHEEL: That's fine. I will let them know there. 

THE COURT: All right. Anything else? 

Talk to your attorney first. 

MR. MORRISSEY: Your Honor, if we could have just a

moment for me to have Mr. El Gammal formally sign the waiver 

before he's taken. 

THE COURT: That's fine. And for our record, sir, how 

do you wish us to pronounce your last name? 

THE DEFENDANT: El Gammal. 

THE COURT: El Gammal. Thank you very much. 

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Yeah, we will wait. 

(Discussion held off the record.) 

MR. MORRISSEY: Thank you, Your Honor. 

THE COURT: All right. Thank you all. This hearing 

is adjourned. 

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15-8378MJ - August 26, 2015

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C E R T I F I C A T E

I, CANDY L. POTTER, court-approved transcriber, 

certify that the foregoing is a correct transcript from the 

official electronic sound recording of the proceedings in the 

above-entitled matter.

DATED at Phoenix, Arizona, this 18th day of 

September, 2015.

s/Candy L. Potter__

Candy L. Potter 

Case 2:15-mj-08378-JZB Document 25 Filed 09/18/15 Page 8 of 8