PHV

U.S. District Court
Western District of Missouri (Kansas City)
CRIMINAL DOCKET FOR CASE #: 4:09-cr-00294-HFS All Defendants


Case title: USA v. Rodriguez-Rodriguez et al

Date Filed: 09/16/2009

Assigned to: District Judge Howard F. Sachs
Referred to: Magistrate Judge Robert E. Larsen

Defendant (1)
Hugo Rodriguez-Rodriguez
also known as
Elmer Betanzos-Zepeda
also known as
Ricardo Chavez-Ortega
also known as
Flaco

Pending Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1)
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1s)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
did knowingly and intentionally conspire, combine, confederate, and agree with each other, and others known and unknown, to distribute marijuana, a Schedule I controlled substance, in an amount of one-thousand (1,000) kilograms and more, in violation of Title 21, United States Code, Sections 841 (a)(1) and 841(b)(1)(A)(vii) and 846.

Assigned to: District Judge Howard F. Sachs
Referred to: Magistrate Judge Robert E. Larsen

Defendant (2)
Gabriel Rodriguez-Rodriguez
TERMINATED: 03/22/2012

Pending Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1)
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1s)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
did knowingly and intentionally conspire, combine, confederate, and agree with each other, and others known and unknown, to distribute marijuana, a Schedule I controlled substance, in an amount of one-thousand (1,000) kilograms and more, in violation of Title 21, United States Code, Sections 841 (a)(1) and 841(b)(1)(A)(vii) and 846.

Assigned to: District Judge Howard F. Sachs
Referred to: Magistrate Judge Robert E. Larsen

Defendant (3)
Sara Sabina Lujan
512 Mogollon
El Paso, TX 79912
TERMINATED: 01/25/2012
represented byJim Darnell
310 North Mesa
Suite 212
El Paso, TX
(915)532-2442
Fax: (515)532-4549
Email: jdarnell@jdarnell.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

Kathleen A. Fisher
Graves Bartle Marcus & Garrett, LLC
1100 Main Street
Suite 2700
Kansas City, MO 64105
(816) 256-3181
Fax: (816) 256-5958
Email: kfisher@gbmglaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Kurt D Marquart
911 Main Street
Suite 2910
Kansas City, MO 64105
(816) 421-5063
Fax: (816) 471-2978
Email: kmarqart@swbell.net
TERMINATED: 12/16/2009
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1s)
AMENDED SENTENCE: Amended to correct the terms of Probation.

ORIGINAL SENTENCE: The defendant pleaded guilty to a lesser-included offense within Count 1 of the Superseding Indictment. PROBATION: The defendant is hereby placed on probation for a term of 5 years on Count 1 of the Superseding Indictment. $100 MSA. Fine: $1,000.00. No Restitution.


Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
did knowingly and intentionally conspire, combine, confederate, and agree with each other, and others known and unknown, to distribute marijuana, a Schedule I controlled substance, in an amount of one-thousand (1,000) kilograms and more, in violation of Title 21, United States Code, Sections 841 (a)(1) and 841(b)(1)(A)(vii) and 846.

Assigned to: District Judge Howard F. Sachs
Referred to: Magistrate Judge Robert E. Larsen

Defendant (4)
Agustin Valenzuela
also known as
Flaco 2

Pending Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1)
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1s)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
did knowingly and intentionally conspire, combine, confederate, and agree with each other, and others known and unknown, to distribute marijuana, a Schedule I controlled substance, in an amount of one-thousand (1,000) kilograms and more, in violation of Title 21, United States Code, Sections 841 (a)(1) and 841(b)(1)(A)(vii) and 846.

Assigned to: District Judge Howard F. Sachs
Referred to: Magistrate Judge Robert E. Larsen

Defendant (5)
Jose Alfredo Avila-Hernandez
TERMINATED: 09/09/2011
represented byPatrick James O'Connor
Wagstaff & Cartmell
4740 Grand Avenue
Suite 300
Kansas City, MO 64112
(816) 701-1100
Fax: (816) 531-2372
Email: pjoconnor@wcllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John O'Connor
Wagstaff & Cartmell
4740 Grand Avenue
Suite 300
Kansas City, MO 64112
(816) 701-1100
Fax: (816) 531-2372
Email: joconnor@wcllp.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1)
The defendant pleaded guilty to lesser included offense contained in Count 1 of the Indictment on February 3, 2010. IMPRISONMENT: The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 35 months on this one-count Indictment. SUPERVISED RELEASE: Upon release from imprisonment, the defendant shall be on supervised release for a term of 5 years. The defendant is remanded to the custody of the United States Marshal. $100 MSA. No Fine or Restitution.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
did knowingly and intentionally conspire, combine, confederate, and agree with each other, and others known and unknown, to distribute marijuana, a Schedule I controlled substance, in an amount of one-thousand (1,000) kilograms and more, in violation of Title 21, United States Code, Sections 841 (a)(1) and 841(b)(1)(A)(vii) and 846.

Assigned to: District Judge Howard F. Sachs
Referred to: Magistrate Judge Robert E. Larsen

Defendant (6)
Michael H Foster
TERMINATED: 09/22/2011
represented byRonald L. Hall
7621 West 97th Terrace
Overland Park, KS 66212
(913) 648-1999
Fax: (913)648-5140
Email: ronlhall@swbell.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1s)
The defendant pleaded guilty to Count 1 of the Superseding Indictment on August 17, 2010. IMPRISONMENT: The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 18 months on this one-count Superseding Indictment. The Court recommends to the Bureau of Prisons: Defendant be designated to the Federal Prison Camp in Leavenworth, KS. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. on November 30, 2011. SUPERVISED RELEASE: Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years. $100 MSA. No Fine or Restitution.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
did knowingly and intentionally conspire, combine, confederate, and agree with each other, and others known and unknown, to distribute marijuana, a Schedule I controlled substance, in an amount of one-thousand (1,000) kilograms and more, in violation of Title 21, United States Code, Sections 841 (a)(1) and 841(b)(1)(A)(vii) and 846.

Assigned to: District Judge Howard F. Sachs
Referred to: Magistrate Judge Robert E. Larsen

Defendant (7)
Beacon Group, Inc.
TERMINATED: 09/22/2011
also known as
Beacon, Inc.
TERMINATED: 09/22/2011
also known as
a Kansas Corporation Orion Construction, Inc.
TERMINATED: 09/22/2011
represented byRonald L. Hall
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1s)
Amended Judgment: Amended to correct the term of Probation Information: Upon release from imprisonment, the defendant shall be on probation* for a term of 3 years on this one-count Superseding Indictment.

ORIGINAL JUDGMENT: The defendant pleaded guilty to Count 1 of the Superseding Indictment on August 17, 2010. PROBATION: Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years on this one-count Superseding Indictment. $100 MSA. No Fine or Restitution.


Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONSPIRACY TO DISTRIBUTE MARIJUANA
(1)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byCharles E. Ambrose , Jr.
United States Attorney's Office
400 E. 9th Street
Suite 5510
Kansas City, MO 64106
(816)426-2771
Fax: (816)426-7080
Email: chuck.ambrose@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/12/2009 MOTION to seal case by USA as to Hugo Rodriguez-Rodriguez, Gabriel Rodriguez-Rodriguez, Sara Sabina Lujan, Agustin Valenzuela, Jose Alfredo Avila-Hernandez, Michael H Foster. Suggestions in opposition/response due by 8/27/2009 unless otherwise directed by the court. (Kee, Georgia) [4:09-mj-00113-REL *SEALED*] (Entered: 08/12/2009)
08/12/2009ORDER granting 1 motion to seal case as to Hugo Rodriguez-Rodriguez (1), Gabriel Rodriguez-Rodriguez (2), Sara Sabina Lujan (3), Agustin Valenzuela (4), Jose Alfredo Avila-Hernandez (5), Michael H Foster (6). Signed by Magistrate Judge Robert E. Larsen on 8/12/09. (Kee, Georgia) [4:09-mj-00113-REL *SEALED*] (Entered: 08/12/2009)
08/12/2009COMPLAINT as to Hugo Rodriguez-Rodriguez (1), Gabriel Rodriguez-Rodriguez (2), Sara Sabina Lujan (3), Agustin Valenzuela (4), Jose Alfredo Avila-Hernandez (5), Michael H Foster (6). (Attachments: # 1 Affidavit) (Kee, Georgia) [4:09-mj-00113-REL *SEALED*] (Entered: 08/12/2009)
09/16/2009INDICTMENT as to Hugo Rodriguez-Rodriguez (1) count(s) 1, Gabriel Rodriguez-Rodriguez (2) count(s) 1, Sara Sabina Lujan (3) count(s) 1, Agustin Valenzuela (4) count(s) 1, Jose Alfredo Avila-Hernandez (5) count(s) 1, Michael H Foster (6) count(s) 1, Beacon Group, Inc. (7) count(s) 1. (Attachments: # 1 Criminal Cover Sheet Dft 1, # 2 Criminal Cover Sheet Dft 2, # 3 Criminal Cover Sheet Dft 3, # 4 Criminal Cover Sheet Dft 4, # 5 Criminal Cover Sheet Dft 5, # 6 Criminal Cover Sheet Dft 6, # 7 Criminal Cover Sheet Dft 7) (Beard, Melanie) (Entered: 09/17/2009)
09/16/2009  ORDER as to Hugo Rodriguez-Rodriguez, Gabriel Rodriguez-Rodriguez, Sara Sabina Lujan, Agustin Valenzuela, Jose Alfredo Avila-Hernandez, Michael H Foster, Beacon Group, Inc.. This indictment shall be kept secret until a defendant is in custody or has been given bail, and upon completion of the issuance of the warrant of arrest, the Clerk shall seal the indictment, and it shall remain sealed pending further order of the Court. Signed by United States Magistrate Judge Sarah W Hays. This is a docket entry only. No document is attached. (Beard, Melanie) (Entered: 09/17/2009)
09/17/2009  ORDER as to Hugo Rodriguez-Rodriguez, Gabriel Rodriguez-Rodriguez, Sara Sabina Lujan, Agustin Valenzuela, Jose Alfredo Avila-Hernandez, Michael H Foster, Beacon Group, Inc. A defendant having been arrested, it is ordered that this indictment be unsealed, and then processed in accordance with established procedure and law. Signed by United States Magistrate Judge John T Maughmer. This is a docket entry only. No document is attached. (Jones, Robin) (Entered: 09/18/2009)
09/17/2009  ARREST of Jose Alfredo Avila-Hernandez. (Martinez, Kerry) (Entered: 09/18/2009)
09/17/200910 Minute Entry for proceedings held before Magistrate Judge John T. Maughmer: INITIAL APPEARANCE as to Jose Alfredo Avila-Hernandez held on 9/17/2009. Government's oral motion for detention hearing and continuance of detention hearing are granted. Detention Hearing and Arraignment set for 9/22/2009 10:00 AM in Courtroom 7E, Kansas City (JTM) before Judge John Maughmer. Financial Affidavit completed by the Court. Defendant qualifies for appointment of counsel. Defendant is temporarily remanded to custody. To order a transcript of this hearing please contact Kerry Martinez, 816-512-5759. (Martinez, Kerry) (Entered: 09/21/2009)
09/17/200911 AFFIDAVIT of Financial Status of Jose Alfredo Avila-Hernandez. This document contains original signatures of non attorneys and is being maintained in a paper file at the court. (Martinez, Kerry) (Entered: 09/21/2009)
09/17/2009  ORDER as to Hugo Rodriguez-Rodriguez, Gabriel Rodriguez-Rodriguez, Sara Sabina Lujan, Agustin Valenzuela, Jose Alfredo Avila-Hernandez, Michael H Foster. A defendant having been arrested, it is ordered that the complaint be unsealed, and then processed in accordance with established procedure and law. Signed by United States Magistrate Judge Robert E Larsen. This is a docket entry only. No document is attached. (Jones, Robin) (Entered: 09/24/2009)
09/18/2009 ARREST WARRANT RETURNED EXECUTED on 9/17/09 as to Jose Alfredo Avila-Hernandez. This document contains original signatures of non attorneys and is being maintained in a paper file at the court.(Rowland, Bonnie) (Entered: 09/18/2009)
09/18/2009  ARREST of Michael H Foster. (Martinez, Kerry) (Entered: 09/21/2009)
09/18/200916 Minute Entry for proceedings held before Magistrate Judge John T. Maughmer: INITIAL APPEARANCE AND ARRAIGNMENT as to Michael H Foster (6) Count 1 and Beacon Group, Inc. (7) Count 1 held on 9/18/2009. Defendant Foster self-surrendered. Defendant Foster appears as an individual defendant and on behalf of the corporate defendant, Beacon Group, Inc. Personal Recognizance Bond set as to defendant Foster. Conditions of release reviewed with the defendant. Pleas of not guilty entered and accepted by the Court. Defense shall file any pretrial motions within ten days from this date; government responses due seven days after motion filed. In lieu of a scheduling conference, counsel are to meet within two weeks and submit Proposed Stipulations and Orders to chambers for filing. If parties will not be ready for trial by the scheduled docket, a motion for continuance for a date certain should be filed as soon as possible. The Government is reminded that ECF calculates deadlines under civil rules and those deadlines do not apply to this case. Failure to file a response within 7 days of the filing of the motion, regardless of when ECF says a response is due, may result in the motion being granted as unopposed. To order a transcript of this hearing please contact Kerry Martinez, 816-512-5759. (Martinez, Kerry) (Entered: 09/21/2009)
09/21/200912  MOTION for detention hearing by USA as to Jose Alfredo Avila-Hernandez. Suggestions in opposition/response due by 10/6/2009 unless otherwise directed by the court. (Ambrose, Charles) (Entered: 09/21/2009)
09/21/200913  MOTION to continue detention hearing by USA as to Jose Alfredo Avila-Hernandez. Suggestions in opposition/response due by 10/6/2009 unless otherwise directed by the court. (Ambrose, Charles) (Entered: 09/21/2009)
09/21/200914 NOTICE OF ATTORNEY APPEARANCE Patrick James O'Connor appearing for Jose Alfredo Avila-Hernandez (O'Connor, Patrick) (Entered: 09/21/2009)
09/21/200915 ORDER AUTHORIZING TEMPORARY TRANSFER OF CUSTODY ON CONSENT as to Jose Alfredo Avila-Hernandez. Signed by Magistrate Judge John T. Maughmer on 9/17/09.(Martinez, Kerry) (Entered: 09/21/2009)
09/21/200920 MOTION AND ORDER to dismiss complaint as to Hugo Rodriguez-Rodriguez, Gabriel Rodriguez-Rodriguez, Sara Sabina Lujan, Agustin Valenzuela, Jose Alfredo Avila-Hernandez, Michael H Foster. Signed by Magistrate Judge Robert E. Larsen on 9/21/2009.(Anderson-Porter, Sue) (Entered: 09/23/2009)
09/22/200917 Minute Entry for proceedings held before Magistrate Judge John T. Maughmer: ARRAIGNMENT and DETENTION HEARINGS as to Jose Alfredo Avila-Hernandez (5) Count 1 held on 9/22/2009. Defendant entered plea of not guilty; case set on the 11/2/2009 criminal trial docket. Defense shall file any pretrial motions within ten days from this date; government responses due seven days after motion filed. In lieu of a scheduling conference, counsel are to meet within two weeks and submit Proposed Stipulations and Orders to chambers for filing. If parties will not be ready for trial by the scheduled docket, a motion for continuance for a date certain should be filed as soon as possible. The Government is reminded that ECF calculates deadlines under civil rules and those deadlines do not apply to this case. Failure to file a response within 7 days of the filing of the motion, regardless of when ECF says a response is due, may result in the motion being granted as unopposed. Parties stipulate to the factual contents of the pretrial services report with the exception as noted. Based on the information before the Court, the Court grants government's motion to detain and finds no condition or combination of conditions of release would reasonably assure the appearance of the defendant; written detention order to issue. Defendant remanded to the custody of the USM. To order a transcript of this hearing please contact Joella Baldwin, 816-512-5052. (Baldwin, Joella) (Entered: 09/22/2009)
09/22/200918 Waiver of Certified Interpreter (English and Spanish) by Jose Alfredo Avila-Hernandez. (Baldwin, Joella) (Entered: 09/22/2009)
09/23/200919 ORDER OF DETENTION as to Jose Alfredo Avila-Hernandez (5). Signed by Magistrate Judge John T. Maughmer on 9/23/09.(Rollheiser, Sandy) (Entered: 09/23/2009)
09/23/200922  ARREST WARRANT RETURNED EXECUTED on 9/18/09 as to Michael H Foster. This document contains original signatures of non attorneys and is being maintained in a paper file at the court.(Beard, Melanie) (Entered: 09/25/2009)
09/25/200921 NOTICE of Lis Pendens by USA as to Jose Alfredo Avila-Hernandez (Ambrose, Charles) (Entered: 09/25/2009)
09/28/200923 RULE 5(C)(3) documents received as to Sara Sabina Lujan (Kee, Georgia) (Entered: 09/29/2009)
09/30/200924  NOTICE OF HEARING as to Sara Sabina Lujan. This is the official notice for this hearing. Initial Appearance set for Thursday, 10/1/2009 02:00 PM in Courtroom 6D, Kansas City (REL) before Judge Robert Larsen.This is a TEXT ONLY ENTRY. No document is attached.(Anderson-Porter, Sue) (Entered: 09/30/2009)
10/01/200925 ORDER TRANSFERRING/REASSIGNING CASE as to Hugo Rodriguez-Rodriguez, Gabriel Rodriguez-Rodriguez, Sara Sabina Lujan, Agustin Valenzuela, Jose Alfredo Avila-Hernandez, Michael H Foster, Beacon Group, Inc.. Case reassigned to District Judge Howard F. Sachs for all further proceedings. District Judge Scott O. Wright no longer assigned to case. Signed by District Judge Scott O. Wright on 10/1/2009.(McIlvain, Kelly) (Entered: 10/01/2009)
10/01/200927 Minute Entry for proceedings held before Magistrate Judge Robert E. Larsen: INITIAL APPEARANCE as to Sara Sabina Lujan held on 10/1/2009, ARRAIGNMENT as to Sara Sabina Lujan (3) Count 1 held on 10/1/2009. The Court directs the defendant to notify the Court by Wednesday, October 15, 2009 ofrepresentaion.To order a transcript of this hearing please contact Melanie Beard, 816-512-5058. (Beard, Melanie) (Entered: 10/02/2009)
10/01/200928 AFFIDAVIT of Financial Status of Sara Sabina Lujan. This document contains original signatures of non attorneys and is being maintained in a paper file at the court. (Beard, Melanie) (Entered: 10/02/2009)
10/01/200929 ORDER APPOINTING COUNSEL UNDER CJA as to Sara Sabina Lujan - Kurt D Marquart for Sara Sabina Lujan appointed. Signed by Magistrate Judge Robert E. Larsen on 10/01/09.(Anderson-Porter, Sue) (Entered: 10/03/2009)
10/01/200930 Secured non-surety BOND ENTERED as to Sara Sabina Lujan in amount of $10,000,w/$1,000 paid into the Court Registry [TX]. This document contains original signatures of non attorneys and is being maintained in a paper file at the court. (Anderson-Porter, Sue) (Entered: 10/03/2009)
10/01/200931 ORDER setting conditions of release as to Sara Sabina Lujan. Defendant released on a 10 percent cash deposit bond. Bond posted in the amount of $10,000, w/$1,000 paid into the Court Registry in TX. This document contains original signatures of non attorneys and is being maintained in a paper file at the court. Signed by Magistrate Judge Robert E. Larsen on 10/1/2009.This is a TEXT ONLY ENTRY. No document is attached.(Anderson-Porter, Sue) (Entered: 10/03/2009)
10/02/200926 ORDER REFERRING CASE to Magistrate Judge Larsen as to Hugo Rodriguez-Rodriguez, Gabriel Rodriguez-Rodriguez, Sara Sabina Lujan, Agustin Valenzuela, Jose Alfredo Avila-Hernandez, Michael H Foster, Beacon Group, Inc.. (Beard, Melanie) (Entered: 10/02/2009)
10/05/200932 NOTICE OF ATTORNEY APPEARANCE Ronald L. Hall appearing for Michael H Foster (Hall, Ronald) (Entered: 10/05/2009)
10/05/200933 NOTICE OF ATTORNEY APPEARANCE Ronald L. Hall appearing for Beacon Group, Inc. (Hall, Ronald) (Entered: 10/05/2009)
10/06/200934 ORDER as to Sara Sabina Lujan, Jose Alfredo Avila-Hernandez, Michael H. Foster, Beacon Group, Inc. setting pretrial conference for 10:15 a.m., 10/21/09. Signed by Magistrate Judge Robert E. Larsen on 10/06/09.(Sourk, Rebecca) (Entered: 10/06/2009)
10/06/200935  MOTION to continue trial setting by Jose Alfredo Avila-Hernandez. Suggestions in opposition/response due by 10/21/2009 unless otherwise directed by the court. (O'Connor, Patrick) (Entered: 10/06/2009)
10/07/200936 ORDER granting motion to continue 35 . The case as to defendants Sara Sabina Lujan, Jose Alfredo Avila-Hernandez, Michael H. Foster, Beacon Group, Inc., is continued. Accelerated Jury Trial set for 02/16/10; pretrial conference continued pending further order. Signed by Magistrate Judge Robert E. Larsen on 10/07/09. (Sourk, Rebecca) (Entered: 10/07/2009)
10/15/200937 Motion to allow Jim Darnell to appear pro hac vice (Pro Hac fee $50 receipt number 0866-2188890) by Sara Sabina Lujan. (Fisher, Kathleen) (Entered: 10/15/2009)
10/16/200938 ORDER granting 37 motion to appear pro hac vice approved by Clerk of Court. Attorney Jim Darnell for Sara Sabina Lujan allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. as to Sara Sabina Lujan (3) This is a TEXT ONLY ENTRY. No document is attached.(Beard, Melanie) (Entered: 10/16/2009)
10/16/200939 ORDER AUTHORIZING TEMPORARY TRANSFER OF CUSTODY ON CONSENT as to Hugo Rodriguez-Rodriguez, Gabriel Rodriguez-Rodriguez, Sara Sabina Lujan, Agustin Valenzuela, Jose Alfredo Avila-Hernandez, Michael H Foster, Beacon Group, Inc. Signed by Magistrate Judge Robert E. Larsen on 10/16/2009.(Anderson-Porter, Sue) (Entered: 10/18/2009)
11/05/200940 ORDER setting conditions of release as to Michael H Foster. Defendant released on a personal recognizance bond. This document contains original signatures of non attorneys and is being maintained in a paper file at the court. Signed by Magistrate Judge John T. Maughmer on 9/18/09.This is a TEXT ONLY ENTRY. No document is attached.(Martinez, Kerry) (Entered: 11/05/2009)
12/01/200941  MOTION to withdraw as attorney by Kurt Marquart. by Sara Sabina Lujan. Suggestions in opposition/response due by 12/18/2009 unless otherwise directed by the court. (Marquart, Kurt) (Entered: 12/01/2009)
12/02/200942 ORDER denying 41 motion to withdraw as attorney as to Sara Sabina Lujan (3) until such time as the retained attorneys file entries of appearance. Signed by Magistrate Judge Robert E. Larsen on 12/2/2009. (Marullo, Carol) (Entered: 12/02/2009)
12/11/200943 NOTICE OF ATTORNEY APPEARANCE Jim Darnell appearing for Sara Sabina Lujan (Darnell, Jim) (Entered: 12/11/2009)
12/15/200944 STIPULATION AND ORDER as to Sara Sabina Lujan. Signed by Magistrate Judge Robert E. Larsen on 12/15/09.(Myers, Dorothy) (Entered: 12/15/2009)
12/15/200945 ORDER as to Sara Sabina Lujan directing local counsel to file an entry of appearance forthwith; in the meantime, appointed counsel shall remain counsel of record. Signed by Magistrate Judge Robert E. Larsen on 12/15/2009.(Marullo, Carol) (Entered: 12/15/2009)
12/15/200946 NOTICE OF ATTORNEY APPEARANCE Kathleen A. Fisher appearing for Sara Sabina Lujan (Fisher, Kathleen) (Entered: 12/15/2009)
12/16/200947 ORDER terminating appointment of counsel as to Sara Sabina Lujan; representation by attorney Kurt D Marquart terminated due to entry of appearance by retained counsel. Signed by Magistrate Judge Robert E. Larsen on 12/16/2009.(Marullo, Carol) (Entered: 12/16/2009)
01/20/201048 ORDER as to Sara Sabina Lujan, Jose Alfredo Avila-Hernandez, Michael H Foster, Beacon Group, Inc., setting pretrial conference for 10:30 a.m., 2/3/2010. Signed by Magistrate Judge Robert E. Larsen on 1/20/2010.(Marullo, Carol) (Entered: 01/20/2010)
01/21/201049  MOTION to continue by Sara Sabina Lujan. Suggestions in opposition/response due by 2/8/2010 unless otherwise directed by the court. (Darnell, Jim) (Entered: 01/21/2010)
01/22/201050  NOTICE OF HEARING as to Jose Alfredo Avila-Hernandez. This is the official notice for this hearing. Change of Plea hearing set for Wednesday, 02/03/2010 at 2:00 PM in Courtroom 7B, Kansas City, MO before Judge Howard F. Sachs. This is a TEXT ONLY ENTRY. No document is attached. (Duer, Tina) (Entered: 01/22/2010)
01/27/201051 ORDER granting motion to continue 49 as to Sara sAbina Lujan (3), Michael H Foster (6), Beacon Group, Inc. (7), Accelerated Jury Trial set for 4/26/2010, continuing pretrial conference. Signed by Magistrate Judge Robert E. Larsen on 1/27/2010. (Marullo, Carol) (Entered: 01/27/2010)
01/29/201052 STIPULATIONS & ORDERS as to Jose Alfredo Avila-Hernandez, Michael H Foster, Beacon Group, Inc. Signed on 1/29/2010 by Magistrate Judge Robert E. Larsen.(Anderson-Porter, Sue) (Entered: 02/02/2010)
02/03/201053 Minute Entry for proceedings held before District Judge Howard F. Sachs: CHANGE OF PLEA HEARING as to Jose Alfredo Avila-Hernandez held on February 3, 2010. Guilty plea entered by Jose Alfredo Avila-Hernandez to lesser-included offense within Count 1 of the Indictment. To order a transcript of this hearing, please contact Donna Turner at 816-512-5641. (Duer, Tina) (Entered: 02/03/2010)
02/03/201054 PLEA AGREEMENT as to Jose Alfredo Avila-Hernandez (Ambrose, Charles) (Entered: 02/03/2010)
03/29/201055 ORDER as to Sara Sabina Lujan, Michael H Foster, Beacon Group, Inc., setting pretrial conference for 10:45 a.m., 4/14/2010. Any motion to continue must include a statement indicating the position of every other party in the case. Signed on 3/29/2010 by Magistrate Judge Robert E. Larsen.(Marullo, Carol) (Entered: 03/29/2010)
03/30/201056  MOTION to continue by Sara Sabina Lujan. Suggestions in opposition/response due by 4/16/2010 unless otherwise directed by the court. (Darnell, Jim) (Entered: 03/30/2010)
03/31/201057 ORDER granting motion to continue 56 as to Sara Sabina Lujan (3), Michael H Foster (6), Beacon Group, Inc. (7)Accelerated Jury Trial set for 8/16/2010. Pretrial conference is continued. Signed on 3/30/2010 by Magistrate Judge Robert E. Larsen. (Marullo, Carol) (Entered: 03/31/2010)
07/13/201059  NOTICE OF HEARING as to Sara Sabina Lujan. This is the official notice for this hearing. Change of Plea hearing set for Friday, August 13, 2010 at 10:00 a.m. in Courtroom 7B, Kansas City, MO before District Judge Howard F. Sachs. This is a TEXT ONLY ENTRY. No document is attached. (Duer, Tina) (Entered: 07/13/2010)
07/14/201060 NOTICE OF HEARING as to Sara Sabina Lujan. This is the official notice for this hearing. Change of Plea hearing set for Friday, August 13, 2010 at 10:00 a.m. in Courtroom 7B, Kansas City, MO before District Judge Howard F. Sachs. This is a TEXT ONLY ENTRY. No document is attached. (Duer, Tina) (Entered: 07/14/2010)
07/23/201061 ORDER as to Michael H Foster, Beacon Group, Inc. setting pretrial conference for 11:45 a.m., 8/4/2010. Signed on 7/23/2010 by Magistrate Judge Robert E. Larsen.(Marullo, Carol) (Entered: 07/23/2010)
08/03/201062 SUPERSEDING INDICTMENT as to Hugo Rodriguez-Rodriguez (1) count(s) 1s, Gabriel Rodriguez-Rodriguez (2) count(s) 1s, Sara Sabina Lujan (3) count(s) 1s, Agustin Valenzuela (4) count(s) 1s, Michael H Foster (6) count(s) 1s, Beacon Group, Inc. (7) count(s) 1s. (Attachments: # 1 Criminal Cover Sheet Hugo Rodriguez-Rodriguez, # 2 Criminal Cover Sheet Gabriel Rodriguez-Rodriguez, # 3 Criminal Cover Sheet Sara Sabina Lujan, # 4 Criminal Cover Sheet Agustin Valenzuela, # 5 Criminal Cover Sheet Michael Foster, # 6 Criminal Cover Sheet Beacon Group, Inc.) (McDowell, Shelly) (Entered: 08/03/2010)
08/05/201063  NOTICE OF HEARING as to Michael H Foster, Beacon Group, Inc.. This is the official notice for this hearing. Change of Plea Hearing set for 8/17/2010 11:00 AM in Courtroom 7B, Kansas City (HFS) before District Judge Howard F. Sachs.This is a TEXT ONLY ENTRY. No document is attached.(McIlvain, Kelly) (Entered: 08/05/2010)
08/06/201067  NOTICE OF HEARING as to Sara Sabina Lujan, Michael H Foster, Beacon Group, Inc.. This is the official notice for this hearing. Initial Appearance & Arraignment on superseding indictment set for Wednesday, 8/11/2010 02:30 PM in Courtroom 6D, Kansas City (REL) before Magistrate Judge Robert E. Larsen.This is a TEXT ONLY ENTRY. No document is attached.(Anderson-Porter, Sue) (Entered: 08/06/2010)
08/09/201068  NOTICE OF HEARING as to Sara Sabina Lujan, Michael H Foster, Beacon Group, Inc. This is the official notice for this hearing. Initial Appearance & Arraignment RESET for Friday, 8/13/2010 09:30 AM in Courtroom 6D, Kansas City (REL) before Magistrate Judge Robert E. Larsen. This is a TEXT ONLY ENTRY. No document is attached.(Anderson-Porter, Sue) (Entered: 08/09/2010)
08/13/201069 Minute Entry for proceedings held before District Judge Howard F. Sachs: CHANGE OF PLEA HEARING as to Sara Sabina Lujan held on 8/13/2010, Plea entered by Sara Sabina Lujan (3) Guilty 1s. Original Indictment dismissed upon the granting of USA's oral motion to the Court. To order a transcript of this hearing please contact Kathy Calvert, 816-512-5741. (McIlvain, Kelly) (Entered: 08/13/2010)
08/13/201070 PLEA AGREEMENT as to Sara Sabina Lujan (Ambrose, Charles) (Entered: 08/13/2010)
08/13/201071 Minute Entry for proceedings held before Magistrate Judge Robert E. Larsen: INITIAL APPEARANCE as to Sara Sabina Lujan, Michael H Foster, Beacon Group, Inc. held on 8/13/2010. ARRAIGNMENT as to Sara Sabina Lujan (3) Count 1s and Michael H Foster (6) Count 1s and Beacon Group, Inc. (7) Count 1s held on 8/13/2010. Defendants entered a plea of not guilty to each count of the superseding indictment applicable to him/her. Defendants ordered released on a continuing bail bond. All stipulations, motions, responses, Reports and Recommendations and orders apply to the superseding indictment. To order a transcript of this hearing please contact Denna Lamken, 816-512-5622. (Carr, Lori) (Main Document 71 replaced on 8/16/2010) (Carr, Lori). (Entered: 08/13/2010)
08/17/201072 PLEA AGREEMENT as to Michael H Foster (Ambrose, Charles) (Entered: 08/17/2010)
08/17/201073 Minute Entry for proceedings held before District Judge Howard F. Sachs: CHANGE OF PLEA HEARING as to Michael H. Foster, Beacon Group, Inc. held on 08/17/10. Guilty plea entered by Michael H. Foster and Beacon Group, Inc. to Count 1 of the Indictment. To order a transcript of this hearing, please contact Gayle Wambolt at 816-512-5641. (Duer, Tina) (Entered: 08/17/2010)
08/27/201074  MOTION for forfeiture of property for a Preliminary Order of Forfeiture by USA as to Michael H Foster, Beacon Group, Inc.. Suggestions in opposition/response due by 9/13/2010 unless otherwise directed by the court. (Ambrose, Charles) (Entered: 08/27/2010)
08/31/201075 ORDER granting 74 the United States of America's motion for preliminary order of forfeiture as to Michael H. Foster and Beacon Group, Inc. Signed on 08/31/10 by District Judge Howard F. Sachs. (Duer, Tina) (Entered: 08/31/2010)
11/23/201076 NOTICE Declaration of Publication by USA as to Michael H Foster, Beacon Group, Inc. (Attachments: # 1 Certification of Publication)(Bohling, James) (Entered: 11/23/2010)
11/26/201077  MOTION for forfeiture of property for a Final Order of Forfeiture by USA as to Michael H Foster, Beacon Group, Inc.. Suggestions in opposition/response due by 12/13/2010 unless otherwise directed by the court. (Ambrose, Charles) (Entered: 11/26/2010)
12/02/201079 FINAL ORDER OF FORFEITURE as to Michael H. Foster and Beacon Group, Inc. Signed on 12/02/10 by District Judge Howard F. Sachs. (Duer, Tina) (Entered: 12/02/2010)
01/05/201182  NOTICE OF HEARING as to Michael H. Foster. This is the official notice for this hearing. Sentencing set for Thursday, April 21, 2011 at 9:30 a.m. in Courtroom 7B, Kansas City, MO before District Judge Howard F. Sachs. This is a TEXT ONLY ENTRY. No document is attached. (Duer, Tina) (Entered: 01/05/2011)
01/05/201183  NOTICE OF HEARING as to Beacon Group, Inc. This is the official notice for this hearing. Sentencing set for Thursday, April 21, 2011 at 9:30 a.m. in Courtroom 7B, Kansas City, MO before District Judge Howard F. Sachs. This is a TEXT ONLY ENTRY. No document is attached. (Duer, Tina) Modified on 01/05/11 to show correct start time of proceeding of 9:30 a.m. (Duer, Tina) (Entered: 01/05/2011)
02/22/201184  MOTION to seal document by Sara Sabina Lujan. Suggestions in opposition/response due by 3/11/2011 unless otherwise directed by the court. (Darnell, Jim) (Entered: 02/22/2011)
03/17/201185 NOTICE of Vacation by Sara Sabina Lujan (Darnell, Jim) (Entered: 03/17/2011)
04/15/201186  NOTICE OF HEARING as to Michael H. Foster and Beacon Group, Inc. This is the official notice for this hearing. Sentencing reset for Tuesday, August 30, 2011 at 9:30 a.m. in Courtroom 7B, Kansas City, MO before District Judge Howard F. Sachs. This is a TEXT ONLY ENTRY. No document is attached. (Duer, Tina) (Entered: 04/15/2011)
08/16/201187  NOTICE OF HEARING as to Jose Alfredo Avila-Hernandez. This is the official notice for this hearing. Sentencing set for Friday, August 26, 2011 at 2:00 p.m. in Courtroom 7B, Kansas City, MO before District Judge Howard F. Sachs. This is a TEXT ONLY ENTRY. No document is attached. (Duer, Tina) (Entered: 08/16/2011)
08/23/201188  MOTION for Order(SEALED) by USA as to Jose Alfredo Avila-Hernandez. Suggestions in opposition/response due by 9/9/2011 unless otherwise directed by the court. (Ambrose, Charles) (Entered: 08/23/2011)
08/25/201189  MOTION for Order(SEALED) by USA as to Michael H Foster. Suggestions in opposition/response due by 9/12/2011 unless otherwise directed by the court. (Ambrose, Charles) (Entered: 08/25/2011)
08/26/201194 Minute Entry for proceedings held before District Judge Howard F. Sachs: SENTENCING held on 8/26/2011 for Jose Alfredo Avila-Hernandez (5) To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641. (Beard, Melanie) (Entered: 09/12/2011)
08/30/201191  NOTICE OF HEARING as to Michael H. Foster, Beacon Group, Inc. This is the official notice for this hearing. Sentencing reset for Thursday, September 15, 2011 at 2:00 p.m. in Courtroom 7B, Kansas City, MO before District Judge Howard F. Sachs. This is a TEXT ONLY ENTRY. No document is attached.(Duer, Tina) (Entered: 08/30/2011)
08/31/201192  MOTION for forfeiture of property for an Order of Forfeiture by USA as to Jose Alfredo Avila-Hernandez. Suggestions in opposition/response due by 9/19/2011 unless otherwise directed by the court. (Attachments: # 1 Stipulation)(Ambrose, Charles) (Entered: 08/31/2011)
09/06/201193 Final Order of Forfeiture as to Jose Alfredo Avila-Hernandez. Signed on 09/06/11 by District Judge Howard F. Sachs. (Duer, Tina) (Entered: 09/06/2011)
09/09/201195 JUDGMENT and COMMITMENT as to Jose Alfredo Avila-Hernandez (5), Count(s) 1, The defendant pleaded guilty to lesser included offense contained in Count 1 of the Indictment on February 3, 2010. IMPRISONMENT: The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 35 months on this one-count Indictment. SUPERVISED RELEASE: Upon release from imprisonment, the defendant shall be on supervised release for a term of 5 years. The defendant is remanded to the custody of the United States Marshal. $100 MSA. No Fine or Restitution. Signed on 9/9/11 by District Judge Howard F. Sachs.(Beard, Melanie) (Entered: 09/12/2011)
09/15/201198 Minute Entry for proceedings held before District Judge Howard F. Sachs: (6); SENTENCING held on 9/15/2011 for Michael H Foster (6), Count(s) 1s and Beacon Group, Inc. (7), Count(s) 1s. To order a transcript of this hearing please contact Cynthia Johnson, 816-512-5657. (Beard, Melanie) (Entered: 09/22/2011)
09/22/201199 JUDGMENT and COMMITMENT as to Michael H Foster (6), Count(s) 1s, The defendant pleaded guilty to Count 1 of the Superseding Indictment on August 17, 2010. IMPRISONMENT: The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 18 months on this one-count Superseding Indictment. The Court recommends to the Bureau of Prisons: Defendant be designated to the Federal Prison Camp in Leavenworth, KS. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. on November 30, 2011. SUPERVISED RELEASE: Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years. $100 MSA. No Fine or Restitution. Signed on 9/22/11 by District Judge Howard F. Sachs.(Beard, Melanie) (Entered: 09/22/2011)
09/22/2011100 JUDGMENT and COMMITMENT as to Beacon Group, Inc. (7), Count(s) 1s, The defendant pleaded guilty to Count 1 of the Superseding Indictment on August 17, 2010. PROBATION: Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years on this one-count Superseding Indictment. $100 MSA. No Fine or Restitution. Signed on 9/22/11 by District Judge Howard F. Sachs.(Beard, Melanie) (Entered: 09/22/2011)
09/23/2011101 AMENDED JUDGMENT AND COMMITMENT as to Beacon Group, Inc. (7), Count(s) 1s, Amended Judgment: Amended to correct the term of Probation Information: Upon release from imprisonment, the defendant shall be on probation* for a term of 3 years on this one-count Superseding Indictment. Signed on 9/23/11 by District Judge Howard F. Sachs.(Beard, Melanie) (Entered: 09/23/2011)
10/31/2011102 JUDGMENT RETURNED executed as to Jose Alfredo Avila-Hernandez on 10/20/2011. This document contains original signatures of non attorneys and is being maintained in a paper file at the court.(Melvin, Greg) (Entered: 10/31/2011)
11/17/2011103  NOTICE OF HEARING as to Sara Sabina Lujan. This is the official notice for this hearing. Sentencing set for Friday, January 13, 2012 at 11:00 a.m., in Courtroom 7B, Kansas City, MO before District Judge Howard F. Sachs. This is a TEXT ONLY ENTRY. No document is attached. (Duer, Tina) (Entered: 11/17/2011)
11/26/2011104  MOTION to continue To Change surender Date; & Reasons In Support Thereof by Michael H Foster. Suggestions in opposition/response due by 12/15/2011 unless otherwise directed by the court. (Hall, Ronald) (Entered: 11/26/2011)
11/27/2011105  MOTION to continue Supplemental Reasons In Support Of Def's Motion To Change Surrender Date, Filed On November 26, 2011 by Michael H Foster. Suggestions in opposition/response due by 12/15/2011 unless otherwise directed by the court. (Hall, Ronald) (Entered: 11/27/2011)
11/29/2011106 ORDER as to Michael H. Foster. Defendant's surrender date to the designated institution by the Bureau of Prisons is extended from Wednesday, November 30, 2011 before 2:00 p.m. to Wednesday, January 18, 2012 before 2:00 p.m. Signed on 11/29/11 by District Judge Howard F. Sachs. (Duer, Tina) (Entered: 11/29/2011)
01/10/2012107  MOTION to seal document by Sara Sabina Lujan. Suggestions in opposition/response due by 1/27/2012 unless otherwise directed by the court. (Darnell, Jim) (Entered: 01/10/2012)
01/13/2012108 ORDER granting 107 defendant's motion to seal document as to Sara Sabina Lujan. Signed on 01/13/12 by District Judge Howard F. Sachs. (Duer, Tina) (Entered: 01/13/2012)
01/13/2012109  MOTION for Order(SEALED) by USA as to Sara Sabina Lujan. Suggestions in opposition/response due by 1/30/2012 unless otherwise directed by the court. (Ambrose, Charles) (Entered: 01/13/2012)
01/13/2012110 Defendant's Sentencing Memorandum (SEALED DOCUMENT)as to Sara Sabina Lujuan (03). (Beard, Melanie) (Entered: 01/13/2012)
01/13/2012112 Minute Entry for proceedings held before District Judge Howard F. Sachs: SENTENCING held on 1/13/2012 for Sara Sabina Lujan (3), Count(s) 1s. To order a transcript of this hearing please contact Denna Lamken, 816-512-5622. (Beard, Melanie) (Entered: 01/25/2012)
01/25/2012113 JUDGMENT and COMMITMENT as to Sara Sabina Lujan (3), Count(s) 1s, The defendant pleaded guilty to a lesser-included offense within Count 1 of the Superseding Indictment. PROBATION: The defendant is hereby placed on probation for a term of 5 years on Count 1 of the Superseding Indictment. $100 MSA. Fine: $1,000.00. No Restitution. Signed on 1/25/12 by District Judge Howard F. Sachs.(Beard, Melanie) (Entered: 01/25/2012)
01/27/2012114 JUDGMENT RETURNED executed as to Michael H Foster on 1/18/2012. This document contains original signatures of non attorneys and is being maintained in a paper file at the court.(Martin, Jan) (Entered: 01/27/2012)
01/30/2012115 AMENDED JUDGMENT AND COMMITMENT as to Sara Sabina Lujan (3), Count(s) 1s, AMENDED SENTENCE: Amended to correct the terms of Probation. Signed on 1/30/12 by District Judge Howard F. Sachs.(Beard, Melanie) (Entered: 01/31/2012)
03/20/2012116  MOTION for order to Dismiss Indictment Returned on September 16, 2009 and Superseding Indictment Returned on August 3, 2010 by USA as to Gabriel Rodriguez-Rodriguez. Suggestions in opposition/response due by 4/6/2012 unless otherwise directed by the court. (Ambrose, Charles) (Entered: 03/20/2012)
03/22/2012117 ORDER granting 116 the United States of America's motion to dismiss the Indictment returned on September 16, 2009, and the Superseding Indictment returned on August 3, 2010 as to Gabriel Rodriguez-Rodriguez because defendant is deceased. Signed on 03/22/12 by District Judge Howard F. Sachs. (Duer, Tina) (Entered: 03/22/2012)
04/16/2012118  MOTION return of bond by Sara Sabina Lujan. Suggestions in opposition/response due by 5/3/2012 unless otherwise directed by the court. (McDowell, Shelly) (Entered: 04/17/2012)
04/23/2012119 SUGGESTIONS in opposition by USA as to Sara Sabina Lujan re 118 MOTION to release bond obligation to pay fine.. Reply suggestions due by 5/10/2012 unless otherwise directed by the court (Ambrose, Charles) (Entered: 04/23/2012)
05/14/2012120 ORDER The motion of defendant (Doc. 118) is therefore DENIED except that the Clerk is hereby ORDERED to return the $1,000 to San Juana Talamantes at the El Paso address shown in the receipt, no earlier than May 30, 2012. A copy of this order shall be mailed to defendant at the address shown on her motion as to Sara Sabina Lujan (3). Signed on 5/14/2012 by District Judge Howard F. Sachs. (McIlvain, Kelly) Modified on 5/14/2012 to indicate this order was mailed to on this date reguarl mail to: Sara Sabina Lujan, 512 Mogollon, El Paso, Texas 79912 (McIlvain, Kelly). (Entered: 05/14/2012)
06/13/2012121 GREEN CARD showing return of service re 120 Order on Motion to Release Bond Obligation. San Juana Talamantes served on 6/11/12. (Related document(s) 120 ) (Kee, Georgia) (Entered: 06/14/2012)