CLOSED_2006

U.S. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-00127-WMS-HKS-2


Case title: USA v. Scheur et al

Date Filed: 06/10/2004
Date Terminated: 03/31/2006

Assigned to: Hon. William M. Skretny
Referred to: Hon. H. Kenneth Schroeder, Jr

Defendant (2)
Asdico, Inc.
TERMINATED: 03/31/2006
doing business as
Acme Sales
TERMINATED: 03/31/2006
represented byMark S. Carney
Carney & Giallanza
1102 Convention Tower
Buffalo, NY 14202
(716) 854-5311
Fax: (716) 854-4857
Email: msc@carneylawoffice.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
UNLAWFUL ACTS - CONTROLLED SUBSTANCE - DISTRIBUTION 21:843A=CD.F
(7)
The Defendant Corporation shall be enjoined from engaging in any transactions involving a listed chemical for 10 years, pursuant to 21 U.S.C. ? 843(e). $400.00 Special Assessment imposed.
CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE 21:841G=CD.F
(8)
Dismissed.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE 21:841D=CD.F
(1)
Dismissed.
UNLAWFUL ACTS - CONTROLLED SUBSTANCE - DISTRIBUTION 21:843A=CD.F
(2)
Dismissed.
CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE 21:841G=CD.F
(3)
Dismissed.
CONTROLLED SUBSTANCES - RECORDS AND RX'S 21:842A=CR.F
(4-5)
Dismissed.
CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE 21:841D=CD.F
(6)
Dismissed.
CONTROLLED SUBSTANCES - RECORDS AND RX'S 21:842A=CR.F
(9-10)
Dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJoseph M. Guerra , III
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5824
Fax: 716-551-5563
Email: joseph.m.guerra@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/10/2004INDICTMENT as to Jay Scheur (1) count(s) 1, 2, 3, 4-5, 6, 7, 8, 9-10, Asdico, Inc. (2) count(s) 1, 2, 3, 4-5, 6, 7, 8, 9-10. (SG, ) (Entered: 06/16/2004)
07/01/2004DISPOSITIVE REFERRAL ORDER REFERRING CASE to Magistrate Judge H. Kenneth Schroeder, Jr. Signed by Judge William M. Skretny on 6/30/2004. (Dzielski, J.) (Entered: 07/01/2004)
07/14/2004  Attorney update in case as to Jay Scheur, Asdico, Inc.. Attorney Joseph M. Guerra for USA and USA, Mark S. Carney for Jay Scheur and Asdico, Inc. added. (LMP, ) (Entered: 07/20/2004)
07/14/2004Minute Entry for proceedings held before Judge H. Kenneth Schroeder Jr.:Arraignment as to Jay Scheur (1) Count 1,2,3,4-5,6,7,8,9-10 and Asdico, Inc. (2) Count 1,2,3,4-5,6,7,8,9-10 held on 7/14/2004 Scheduling Order to be entered. Time excluded to 10/8/04 pursuant to 18 USC 3161(h)(8)(A) (LMP, ) (Entered: 07/20/2004)
07/20/2004SCHEDULING ORDER as to Jay Scheur, Asdico, Inc. Discovery due by 8/6/2004. Pretrial motions due by 10/8/04, responses due by 10/29/04, Status Conference/Oral Argument set for 11/8/2004 02:00 PM before Hon. H. Kenneth Schroeder Jr... Signed by Judge H. Kenneth Schroeder Jr. on 7/20/04. (JMD, ) (Entered: 07/21/2004)
10/27/2004DEMAND for Discovery and Inspection as to Jay Scheur, Asdico, Inc. (Guerra, Joseph) (Entered: 10/27/2004)
10/28/2004RESPONSE to Defendant's Motion for Discovery by USA as to Jay Scheur, Asdico, Inc.. (Guerra, Joseph) Modified on 10/29/2004 to correct title of document (SG, ). (Entered: 10/28/2004)
10/28/2004DEMAND for DISCOVERY by Jay Scheur, Asdico, Inc. (SG, ) (Entered: 10/29/2004)
10/28/200410 Certificate of Service by Jay Scheur, Asdico, Inc. re 9 Demand (SG, ) (Entered: 10/29/2004)
10/29/2004  E-Filing Error Corrected: Title of document corrected 8 RESPONSE to Defendant's Motion for Discovery (SG, ) (Entered: 10/29/2004)
11/03/200411 ORDER as to Jay Scheur, Asdico, Inc. Oral Argument re pretrial motions set for 11/17/2004 02:00 PM before Hon. H. Kenneth Schroeder Jr... Signed by Judge H. Kenneth Schroeder Jr. on 11/3/04. (SG, ) (Entered: 11/04/2004)
11/22/200412 SECOND AMENDED SCHEDULING ORDER as to Jay Scheur, Asdico, Inc. Oral argument on pretrial motions shall be heard on 1/14/05 at 2:00 p.m.. Signed by Judge H. Kenneth Schroeder Jr. on 11/19/04. (SG, ) (Entered: 11/23/2004)
11/22/2004  Set/Reset Deadlines/Hearings as to Jay Scheur, Asdico, Inc.: Motion Hearing set for 1/14/2005 02:00 PM before Hon. H. Kenneth Schroeder Jr.. (SG, ) (Entered: 11/23/2004)
01/14/2005  Motion Taken Under Advisement as to Jay Scheur, Asdico, Inc. re 8 MOTION for Discovery Response to Defendant's Motion for Discovery (LMP, ) (Entered: 01/14/2005)
02/11/200513 ORDER TO CONTINUE - Ends of Justice as to Jay Scheur, Asdico, Inc. Time excluded from 2/11/05 until 3/14/05. . Signed by Judge H. Kenneth Schroeder Jr. on 2/11/05. (SG, ) (Entered: 02/14/2005)
03/15/200514 ORDER TO CONTINUE - Ends of Justice as to Jay Scheur, Asdico, Inc. Time excluded from 3/15/05 until 4/14/05. . Signed by Judge H. Kenneth Schroeder Jr. on 3/15/05. (SG, ) (Entered: 03/16/2005)
04/14/200515 ORDER as to Jay Scheur, Asdico, Inc. re 7 Demand for Discovery and Inspection, 9 Demand for Discovery . Signed by Judge H. Kenneth Schroeder Jr. on 4/13/05. (SG, ) (Entered: 04/18/2005)
04/28/200516  MOTION Motion to Set Trial Date by USA as to Jay Scheur, Asdico, Inc.. (Guerra, Joseph) (Entered: 04/28/2005)
05/02/2005  NOTICE as to Jay Scheur and Asdico, Inc. A Status Conference is scheduled for 5/5/2005 at 9:00 AM before the Hon. William M. Skretny. (MEAL) (Entered: 05/02/2005)
05/12/2005  NOTICE as to Jay Scheur, Asdico, Inc. The Government's Motion to Set Trial Date is returnable on 5/19/2005 at 9:00 AM before the Hon. William M. Skretny. (MEAL) (Entered: 05/12/2005)
05/18/200517 Letter from Joel L. Daniels, dated 5/12/2005, to Judge Skretny clarifying attorney representation as to both defendants. Joel Daniels has been retained to represent Defendant Jay Scheur. Mark Carney will continue to represent Defendant Asdico, Inc. (The Clerk of the Court is directed to amend the docket to reflect said representation.) (MEAL) (Entered: 05/18/2005)
05/19/2005  Minute Entry for proceedings held before the Hon. William M. Skretny:Status Conference as to Jay Scheur and Asdico, Inc. held on 5/19/2005. Defendants advise the Court that they would like to address the constitutionality of the statute in this case. Defense counsel and AUSA to discuss same. An additional status conference is scheduled for 6/15/2005 at 9:00 a.m.. Time to be excluded pursuant to 3161(h)(1)(F) to 6/15/2005. For the govt. - Joseph Guerra, III. For the deft. - Mark Carney, Joel Daniels. Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 05/25/2005)
06/15/2005  Minute Entry for proceedings held before the Hon. William M. Skretny:Status Conference as to Jay Scheur, Asdico, Inc. held on 6/15/2005. AUSA Guerra reports that "decent progress" has been made on this case. Additional documents to be provided to the defense. An additional Status Conference is set for 7/19/2005 at 9:00 AM before the Hon. William M. Skretny. Time to be excluded through 7/19/2005 pursuant to 3161(h)(8)(A). For the govt. - Joseph Guerra, III. For the defts. - Joel Daniels (appearing on behalf of Mark Carney also). (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 06/16/2005)
07/19/2005  Minute Entry for proceedings held before the Hon. William M. Skretny:Status Conference as to Jay Scheur, Asdico, Inc. held on 7/19/2005. Agents need more time to get records together. Another meeting to be scheduled. An additional Status Conference is set for 8/30/2005 at 9:00 AM before the Hon. William M. Skretny. Time to be excluded pursuant to 3161(h)(8)(A). For the govt. - Joseph Guerra, III. For the defts. - Joel Daniels. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 07/20/2005)
08/30/200518 Minute Entry for proceedings held before the Hon. William M. Skretny:Status Conference as to Jay Scheur, Asdico, Inc. held on 8/30/2005. Change of Pleas as to both defendants are scheduled for 10/13/2005 at 10:30 AM before the Hon. William M. Skretny. Time to be excluded pursuant to 3161(h)(8)(A). Corporate requirements to be faxed to Attorney Daniels. For the govt. - Joseph Guerra, III. For the defts. - Joel Daniels. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 09/07/2005)
10/05/200520 NOTICE OF ADJOURNMENT as to Jay Scheur, Asdico, Inc.. The Change of Pleas as to both Defendants previously scheduled for 10/13/2005 at 10:30 A.M. before the Hon. William M. Skretny are ADJOURNED to 10/14/2005 at 11:00 A.M.. (MEAL) (Entered: 10/05/2005)
10/14/200521 PLEA AGREEMENT as to Asdico, Inc. (DZ, ) (Entered: 10/17/2005)
10/14/200523 AFFIDAVIT and Corporate Resoluation by Asdico, Inc. as to Plea Proceedings. (MEAL) (Entered: 10/31/2005)
10/14/200524 Minute Entry for proceedings held before the Hon. William M. Skretny:Change of Plea as to Jay Scheur and Asdico, Inc. held on 10/14/2005. Plea agreements entered into and accepted by the Court. Defendant and Defendant Corporation pled guilty to Count 7 of the Indictment. Guilty Pleas accepted by the Court. Sentencing set for 2/16/2006 at 9:00 AM before the Hon. William M. Skretny. Defendant Jay Scheur released on same terms and conditions. Court also directs Defendant Jay Scheur to report once a month to probation department. For the govt. - Joseph Guerra, III. For the deft. - Joel Daniels, Mark Carney. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 10/31/2005)
01/10/200625 STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to Asdico, Inc. (Guerra, Joseph) (Entered: 01/10/2006)
02/03/2006  TEXT ORDER as to Jay Scheur & Asdico, Inc. 27 Defendant's MOTION to Adjourn Sentencing is GRANTED. The Defendant shall file all sentencing submissions on or before 2/17/2006. The Government shall file any response on or before 2/24/2006. The sentencing previously scheduled for defendant and defendant corporation on 2/16/2005 is ADJOURNED to 3/23/2006 at 10:00 AM before Hon. William M. Skretny. Signed by Judge William M. Skretny on 2/2/2006. (Dzielski, J.) (Entered: 02/03/2006)
03/23/200629 Minute Entry for proceedings held before the Hon. William M. Skretny:Sentencing held on 3/23/2006 for Asdico, Inc. on Count 7 of the Indictment. Presentence report to be sealed - - will be made available to counsel for appeal purposes only. The probation department's recommendations section which is a part of said presentence report will be kept under separate seal and will not be accessible to counsel. The defendant is sentenced as follows: The Defendant Corporation shall be enjoined from engaging in any transactions involving a listed chemical for 10 years, pursuant to 21 U.S.C. Section 843(e). $400.00 Special Assessment imposed. The Court imposes sentence as stated. The Government moves for dismissal of the remaining counts of the indictment. The Court grants same. For the govt. - Joseph Guerra, III. For the deft. - Mark Carney. For prob. - Michael Quarantillo. (Court Reporter Michelle McLaughlin.) (MEAL, ) (Entered: 03/24/2006)
03/29/200632 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Asdico, Inc. (SG) (Entered: 03/31/2006)
03/29/200634 Sealed Document as to Asdico, Inc.. (SG) (Entered: 03/31/2006)
03/31/200636 JUDGMENT as to Asdico, Inc. (2) Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. . Signed by Judge William M. Skretny on 3/29/06. (SG) (Entered: 04/04/2006)