CLOSED,DFTTERM

U.S. District Court
Northern District of Texas (Dallas)
CRIMINAL DOCKET FOR CASE #: 3:12-cr-00047-M All Defendants


Case title: USA v. Osborn et al

Date Filed: 02/10/2012
Date Terminated: 10/24/2012

Assigned to: Judge Barbara M.G. Lynn

Defendant (1)
Gary D Osborn
TERMINATED: 10/18/2012
represented byRobert Brian Shields
Friedman & Feiger
5301 Spring Valley Rd
Suite 200
Dallas, TX 75254
972/788-1400
Fax: 972/776-5313
Email: bshields@fflawoffice.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Abbe D Lowell
Chadbourne & Parke LLP
1200 New Hampshire Avenue NW
Washington, DC 20036
202/974-5605
Fax: 202/974-5602
Email: adlowell@chadbourne.com
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Christopher D Man
Chadbourne & Parke LLP
1200 New Hampshire Avenue NW
Washington, DC 20036
202/974-5600
Email: cman@chadbourne.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Not Admitted

Pending Counts

Disposition
21:331(a) Introducing a Misbranded Drug into Interstate Commerce
(1-2)
1 year Probation, $100,000 Fine, $100 MSA

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Barbara M.G. Lynn

Defendant (2)
Apothecure Inc
TERMINATED: 10/24/2012
represented byRobert Brian Shields
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Abbe D Lowell
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Christopher D Man
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Not Admitted

Pending Counts

Disposition
21:331(a) Introducing a Misbranded Drug into Interstate Commerce
(1-2)
5 years Probation, $100,000 Fine, $50 MSA

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byMichael McCarthy-DOJ
US Attorney's Office
1100 Commerce St
3rd Floor
Dallas, TX 75242
214/659-8614
Fax: 214/767-4104
Email: michael.mccarthy2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Government Attorney

John W M Claud
US Department of Justice
Consumer Protection Branch
450 5th St NW
Suite 6400 South
Washington, DC 20001
202/307-5747
Fax: 202/514-8742
Email: john.claud@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Not Admitted

Patrick R Runkle
US Department of Justice
Consumer Protection Branch
PO Box 386
Washington, DC 20044
202/307-5747
Email: patrick.runkle@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Government Attorney

Date Filed #Docket Text
02/10/2012  Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in case as to Gary D Osborn, Apothecure Inc. (axm) Modified case on 4/19/2012 to include second defendant (axm). (Entered: 04/19/2012)
02/10/2012MISDEMEANOR INFORMATION as to Gary D Osborn (1) count(s) 1-2, Apothecure Inc (2) count(s) 1-2. (axm) Modified case on 4/19/2012 to include second defendant (axm). (Entered: 04/19/2012)
04/12/2012NOTICE OF ATTORNEY APPEARANCE by John W M Claud appearing for USA. (axm) Modified case on 4/19/2012 to include second defendant (axm). (Entered: 04/19/2012)
04/13/2012 NOTICE SETTING REARRAIGNMENT/GUILTY PLEA as to Gary D Osborn: Rearraignment set for 4/24/2012 10:30 AM before Magistrate Judge Renee Harris Toliver. (axm) Modified case on 4/19/2012 to include second defendant (axm). (Entered: 04/19/2012)
04/18/2012PLEA AGREEMENT as to Gary D Osborn. (axm) Modified case on 4/19/2012 to include second defendant (axm). (Entered: 04/19/2012)
04/18/2012Factual Resume as to Gary D Osborn. Modified case on 4/19/2012 to include second defendant (axm). (axm) (Entered: 04/19/2012)
04/18/2012PLEA AGREEMENT as to Apothecure Inc. Modified case on 4/19/2012 to include second defendant (axm). (axm) (Entered: 04/19/2012)
04/18/2012Factual Resume as to Apothecure Inc. Modified case on 4/19/2012 to include second defendant (axm). (axm) (Entered: 04/19/2012)
04/18/201210 NOTICE OF ATTORNEY APPEARANCE by Robert Brian Shields appearing for Gary D Osborn, Apothecure Inc. Modified case on 4/19/2012 to include second defendant (axm). (axm) (Entered: 04/19/2012)
04/19/201211  Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Christopher D. Man (Filing fee $25; Receipt number 0539-4532436) filed by Gary D Osborn, Apothecure Inc (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Shields, Robert) (Entered: 04/19/2012)
04/20/201212  ORDER granting 11 Application for Admission Pro Hac Vice of Christopher D Man. If not already done, Applicant must register as an ECF User within 14 days (LCrR 49.2(g)). as to Gary D Osborn (1), Apothecure Inc (2). (Ordered by Judge Barbara M.G. Lynn on 4/20/2012) (cea) (Entered: 04/20/2012)
04/20/201213 NOTICE OF ATTORNEY APPEARANCE by Robert Brian Shields on behalf of Christopher D. Man appearing for Gary D Osborn, Apothecure Inc (Shields, Robert) (Entered: 04/20/2012)
04/24/2012   ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Renee Harris Toliver: Guilty Plea at Arraignment Hearing as to Gary D Osborn held on 4/24/2012. Plea entered by Gary D Osborn (1) Guilty as to Count 1-2. Conditions of release set. Attorney Appearances: AUSA - John Claud; Defense - Christopher Mann and Brian Shields. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - :48. (mcrd) (Entered: 04/24/2012)
04/24/2012   ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Renee Harris Toliver: Guilty Plea at Arraignment Hearing as to Apothecure Inc held on 4/24/2012. Plea entered by Apothecure Inc (2) Guilty as to Count 1-2. Attorney Appearances: AUSA - John Claud; Defense - Christopher Mann and Brian Shields. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - :48. (mcrd) (Entered: 04/24/2012)
04/24/201214 NOTICE/CONSENT REGARDING ENTRY OF A PLEA OF GUILTY as to Apothecure Inc (mcrd) (Entered: 04/24/2012)
04/24/201215  FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to Apothecure Inc. (Ordered by Magistrate Judge Renee Harris Toliver on 4/24/2012) (mcrd) (Entered: 04/24/2012)
04/24/201216 NOTICE/CONSENT REGARDING ENTRY OF A PLEA OF GUILTY as to Gary D Osborn (mcrd) (Entered: 04/24/2012)
04/24/201217  FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to Gary D Osborn. (Ordered by Magistrate Judge Renee Harris Toliver on 4/24/2012) (mcrd) (Entered: 04/24/2012)
04/24/201218  ORDER Setting Conditions of Release as to Gary D Osborn (1) PR. (Ordered by Magistrate Judge Renee Harris Toliver on 4/24/2012) (mcrd) Modified page sequence on 4/24/2012 (axm). (Entered: 04/24/2012)
04/24/201219 UPDATED PLEA AGREEMENT as to Apothecure Inc. (skt) (Entered: 05/10/2012)
04/24/201220 Updated Factual Resume as to Apothecure Inc. (skt) (Entered: 05/10/2012)
04/24/201222 UPDATED PLEA AGREEMENT as to Gary D Osborn. (skt) (Entered: 05/10/2012)
04/24/201223 Updated Factual Resume as to Gary D Osborn. (skt) (Entered: 05/10/2012)
05/10/201225  SCHEDULING ORDER FOR SENTENCING as to Gary D Osborn, Apothecure Inc: Presentence Investigation Report due by 7/6/2012. Objections to Presentence Investigation Report due by 7/20/2012. Presentence Investigation Addendum due by 7/27/2012. Objections to Presentence Investigation Addendum due by 8/3/2012. Sentencing set for 9/21/2012 01:30 PM before Judge Barbara M.G. Lynn. Motions for Downward Departure due by 9/12/2012. Sentencing Memoranda and Character Letters due by 9/12/12. (Ordered by Judge Barbara M.G. Lynn on 5/10/2012) (skt) (Entered: 05/10/2012)
05/15/201226 ORDER ACCEPTING 17 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY as to Gary D Osborn. (Ordered by Judge Barbara M.G. Lynn on 5/15/2012) (tln) (Entered: 05/15/2012)
05/15/201227 ORDER ACCEPTING 15 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY as to Apothecure Inc. (Ordered by Judge Barbara M.G. Lynn on 5/15/2012) (tln) (Entered: 05/15/2012)
06/15/201228  MOTION to Preclude Raising the Fine Ceiling Based on Judge-Found Facts filed by Gary D Osborn, Apothecure Inc with Brief/Memorandum in Support. (Shields, Robert) (Entered: 06/15/2012)
06/22/201229 Supplemental Document as to 28 MOTION Preclude Raising the Fine Ceiling Based on Judge-Found Facts (Attachments: # 1 Exhibit(s) Exhibit A) (Shields, Robert) (Entered: 06/22/2012)
07/06/201232 REPLY filed by USA as to Gary D Osborn, Apothecure Inc re: 28 MOTION Preclude Raising the Fine Ceiling Based on Judge-Found Facts (Claud, John) (Entered: 07/06/2012)
07/09/201233  MOTION for Leave to File Reply Brief filed by Gary D Osborn, Apothecure Inc (Attachments: # 1 Exhibit A) (Shields, Robert) (Entered: 07/09/2012)
07/09/201234 NOTICE of Intent to Travel Internationally as to Gary D Osborn. (Shields, Robert) Modified filers on 7/10/2012 (axm). (Entered: 07/09/2012)
07/10/201235 RESPONSE by USA as to Gary D Osborn, Apothecure Inc re: 33 MOTION for Leave to File Reply Brief (Claud, John) (Entered: 07/10/2012)
07/12/201236  ORDER granting 33 Motion for Leave to File Reply Brief as to Gary D Osborn (1), Apothecure Inc (2). Replies due by 7/20/2012. (Ordered by Judge Barbara M.G. Lynn on 7/12/2012) (cea) (Entered: 07/12/2012)
07/13/201237 REPLY filed by Gary D Osborn, Apothecure Inc re: 28 Motion to Preclude Raising the Fine Ceiling Based on Judge-Found Facts (Man, Christopher) Modified doc. linkage on 7/16/2012 (ctf). (Entered: 07/13/2012)
07/17/201238 NOTICE OF ATTORNEY APPEARANCE by Abbe D Lowell appearing for Gary D Osborn, Apothecure Inc. (ctf) (Entered: 07/17/2012)
08/16/201249  ORDER denying as moot 28 Motion to Preclude Raising the Fine Ceiling as to Gary D Osborn (1), Apothecure Inc (2). (Ordered by Judge Barbara M.G. Lynn on 8/16/2012) (tln) (Entered: 08/17/2012)
09/14/201254 ELECTRONIC ORDER as to Gary D Osborn, Apothecure Inc: Sentencing CONTINUED to 10/3/2012 02:00 PM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Barbara M.G. Lynn. (Ordered by Judge Barbara M.G. Lynn on 9/14/2012) (chmb) (Entered: 09/14/2012)
10/03/201258  ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Sentencing held on 10/3/2012 for Gary D Osborn (1), Count(s) 1-2, 1 year Probation, $100,000 Fine, $50 MSA. Attorney Appearances: AUSA - John Claud; Defense - Abbe D. Lowell. (Court Reporter: Sue Engledow) (No exhibits) Time in Court - 1:00. (chmb) Modified on 10/3/2012 (chmb). (Entered: 10/03/2012)
10/03/201259  ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Sentencing held on 10/3/2012 for Apothecure Inc (2), Count(s) 1-2, 5 years Probation, $100,000 Fine, $50 MSA. Attorney Appearances: AUSA - John Claud; Defense - Abbe D. Lowell. (Court Reporter: Sue Engledow) (No exhibits) Time in Court - 0:15. (chmb) (Entered: 10/03/2012)
10/18/201260  JUDGMENT as to Gary D Osborn (1): Count(s) 1-2, 1 year Probation to run concurrently; $100,000 Fine; $100 MSA. (Ordered by Judge Barbara M.G. Lynn on 10/18/2012) (skt) (Main Document 60 replaced on 10/22/2012 to clarify concurrent probation term) (gmg). (Entered: 10/22/2012)
10/24/201262  JUDGMENT as to Apothecure Inc (2): Count(s) 1-2; 5 years Probation; $100,000 Fine, $50 MSA. (Ordered by Judge Barbara M.G. Lynn on 10/24/2012) (skt) (Entered: 10/24/2012)
11/27/201264  AMENDED JUDGMENT as to Gary D Osborn (1): Amends the Judgment dated 10/18/2012, to modify one condition of Probation of the defendant such that he shall participate in home confinement without location monitoring. (Ordered by Judge Barbara M.G. Lynn on 11/27/2012) (ykp) Modified on 11/28/2012 (skt). (Entered: 11/27/2012)
01/10/201365 Notice of Filing of Official Electronic Transcript of Sentencing Proceedings as to Gary D Osborn, Apothecure Inc held on October 3, 2012 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber P. Sue Engledow, Telephone number 214.753.2325. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (44 pages) Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/10/2013. (pse) (Entered: 01/10/2013)



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