| CLOSED_2006 |
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) |
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Asdico, Inc.
TERMINATED: 03/31/2006 doing business as Acme Sales TERMINATED: 03/31/2006 |
represented by | Mark 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 |
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| 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) |
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| 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) |
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| Felony | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
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| USA | represented by | Joseph 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 |
|---|---|---|
| 06/10/2004 | 1 | INDICTMENT 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) |
| 07/01/2004 | 2 | DISPOSITIVE 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) | |
| 07/14/2004 | 3 | Minute 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) |
| 07/20/2004 | 5 | SCHEDULING 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) |
| 10/27/2004 | 7 | DEMAND for Discovery and Inspection as to Jay Scheur, Asdico, Inc. (Guerra, Joseph) (Entered: 10/27/2004) |
| 10/28/2004 | 8 | RESPONSE 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) |
| 10/28/2004 | 9 | DEMAND for DISCOVERY by Jay Scheur, Asdico, Inc. (SG, ) (Entered: 10/29/2004) |
| 10/28/2004 | 10 | 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) | |
| 11/03/2004 | 11 | 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) |
| 11/22/2004 | 12 | 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) | |
| 02/11/2005 | 13 | 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) |
| 03/15/2005 | 14 | 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) |
| 04/14/2005 | 15 | 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) |
| 04/28/2005 | 16 | 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) | |
| 05/18/2005 | 17 | 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) | |
| 08/30/2005 | 18 | 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) |
| 10/05/2005 | 20 | 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) |
| 10/14/2005 | 21 | PLEA AGREEMENT as to Asdico, Inc. (DZ, ) (Entered: 10/17/2005) |
| 10/14/2005 | 23 | AFFIDAVIT and Corporate Resoluation by Asdico, Inc. as to Plea Proceedings. (MEAL) (Entered: 10/31/2005) |
| 10/14/2005 | 24 | 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) |
| 01/10/2006 | 25 | 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) | |
| 03/23/2006 | 29 | 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) |
| 03/29/2006 | 32 | PRESENTENCE INVESTIGATION REPORT (Sealed) as to Asdico, Inc. (SG) (Entered: 03/31/2006) |
| 03/29/2006 | 34 | Sealed Document as to Asdico, Inc.. (SG) (Entered: 03/31/2006) |
| 03/31/2006 | 36 | 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) |