CLOSED

U.S. District Court
Southern District of California (San Diego)
CRIMINAL DOCKET FOR CASE #: 3:09-cr-01303-JLS All Defendants


Case title: USA v. Andy's Orchids, Inc.

Date Filed: 04/03/2009
Date Terminated: 07/15/2009

Assigned to: Judge Janis L. Sammartino

Defendant (1)
Andy's Orchids, Inc.
TERMINATED: 07/15/2009
represented byRichard Howard Layon
Layon and Holck
950 Vista Village Drive
Vista, CA 92084
(760)216-6109
Fax: (760)216-6538
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:545 - Receipt of Smuggled Merchandise
(1)
Supervised Probation for 3 years, which shall be unsupervised upon satisfying all financial obligations. $400.00 assessment, $25,000.00 fine and $5,424.00 resitution

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byU S Attorney CR
U S Attorneys Office Southern District of California
880 Front Street
Room 6293
San Diego, CA 92101
(619)557-5610
Fax: (619)557-5917
Email: Efile.dkt.gc2@usdoj.gov
TERMINATED: 07/07/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant United States Attorney

Anne Kristina Perry
U S Attorneys Office Southern District of California
880 Front Street
Room 6293
San Diego, CA 92101
(619)557-5610
Fax: (619)557-7381
Email: Anne.Perry2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant United States Attorney

Date Filed #Docket Text
04/03/2009INFORMATION as to Andy's Orchids, Inc. (1) count(s) 1. (r1r) (jcj). (Entered: 04/06/2009)
04/03/2009Minute Entry for proceedings held before Magistrate Judge Jan M. Adler:Initial Appearance as to Andy's Orchids, Inc. held on 4/3/2009. Dft informed of charges. Arraignment on Information as to Andy's Orchids, Inc. (1) Count 1 held on 4/3/2009. Change of Plea Hearing as to Andy's Orchids, Inc. held on 4/3/2009. Added attorney Richard Howard Layon for Andy' and s Orchids, Inc.., Location start as to Andy's Orchids, Inc. - LR. Plea tendered by Andy's Orchids, Inc. (1) Count 1. by Andy's Orchids, Inc. Guilty on counts 1 of the Information. William Andrew Phillips - President of the company. PSR Ordered; Any objections to the Court's Findings are due by 4/17/09; ( Sentence With PSR set for 7/10/2009 09:00 AM in Courtroom 06 before Judge Janis L. Sammartino.) (Tape #JMA09-01-18:12-18:41).(Plaintiff Attorney AUSA Anne Perry).(Defendant Attorney Richard Layon, RET). (r1r) (Entered: 04/06/2009)
04/03/2009WAIVER OF INDICTMENT by Andy's Orchids, Inc. (r1r) (r1r). (Entered: 04/06/2009)
04/03/2009CONSENT TO PLEA before Magistrate Judge Jan M. Adler by Andy's Orchids, Inc.. (r1r) (Entered: 04/06/2009)
04/03/2009FINDINGS AND RECOMMENDATION of the Magistrate Judge upon a Tendered Plea of Guilty as to Andy's Orchids, Inc. : Recommending that the district judge accept the defendant's plea of guilty. Signed by Magistrate Judge Jan M. Adler on 4/3/09. (r1r) (Entered: 04/06/2009)
04/03/2009PLEA AGREEMENT as to Andy's Orchids, Inc. (mkz) (Entered: 04/06/2009)
04/03/2009Excludable Minute Order as to Andy's Orchids, Inc., Excludable(s) started as to Andy's Orchids, Inc.: XK Proposed Plea Agreement 4/3/09-7/10/09, XT Continuance tendered a guilty plea 4/3/09-7/10/09. Signed by Magistrate Judge Jan M. Adler on 4/3/09. (mkz) (Entered: 04/06/2009)
05/18/2009ORDER as to Andy's Orchids, Inc: No objections having been filed, it is ordered that the 6 Findings and Recommendation of the Magistrate Judge are adopted and this Court accepts defendant's plea of guilty to count 1 of the Information. Signed by Judge Janis L. Sammartino on 5/18/09. (All non-registered users served via U.S. Mail Service).(pdc) (Entered: 05/18/2009)
07/07/200910 NOTICE OF ATTORNEY APPEARANCE Anne Kristina Perry appearing for USA. (Perry, Anne) (mkz). (Entered: 07/07/2009)
07/07/200911 SENTENCING MEMORANDUM by USA as to Andy's Orchids, Inc. (Perry, Anne) (mkz). (Entered: 07/07/2009)
07/07/200912 SENTENCING SUMMARY CHART by USA as to Andy's Orchids, Inc. (Perry, Anne) (mkz). (Entered: 07/07/2009)
07/07/200913 Notice of Document Discrepancy and Order Thereon by Judge Janis L. Sammartino Accepting Document: 11 Sentencing Memorandum and 12 Sentencing Summary Chart from USA. Non-compliance with local rule(s), Crim.L.Rule 32.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Janis L. Sammartino on 7/7/2009. (mkz) Modified on 7/8/2009 to indicate: (All non-registered users served via U.S. Mail Service)(mkz). (Entered: 07/08/2009)
07/10/200914 Minute Entry for proceedings held before Judge Janis L. Sammartino : Sentence With PSR for Andy's Orchids, Inc. (1) on count 1 of the Information. Supervised Probation for 3 years, which shall be unsupervised upon satisfying all financial obligations. $400.00 assessment, $25,000.00 fine and $5,424.00 resitution (Court Reporter Gayle Wakefield / CRD A Ramos / USPO M English / AUSA Anne K. Perry / RETD Richard H. Layon) (acr) (Entered: 07/13/2009)
07/15/200915 JUDGMENT as to Andy's Orchids, Inc. (1), Count(s) 1, Supervised Probation for 3 years, which shall be unsupervised upon satisfying all financial obligations. $400.00 assessment, $25,000.00 fine and $5,424.00 resitution. Signed by Judge Janis L. Sammartino. (All non-registered users served via U.S. Mail Service).(mkz) (av1). (Entered: 07/16/2009)