CLOSED

U.S. District Court
Northern District of Iowa (Cedar Rapids)
CRIMINAL DOCKET FOR CASE #: 1:11-cr-00003-LRR All Defendants


Case title: USA v. Birker, Inc
Date Filed: 01/03/2011
Date Terminated: 04/25/2011

Interested Party
US Probation represented byuspNotify
Email: pocrecm@ianp.uscourts.gov
ATTORNEY TO BE NOTICED
Assigned to: Chief Judge Linda R Reade
Referred to: Magistrate Judge Jon S Scoles

Defendant (1)
Birker, Inc.
TERMINATED: 04/25/2011 		represented byJan Mohrfeld Kramer
Smith & Kramer, P.C.
801 Grand Avenue, Suite 3700
**ECF
Des Moines, IA 50309
515 246 5884
Fax: 515 246 5808
Email: jmk@smithkramerlaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
8:1324(a)(1)(A)(iii), 1324(a)(1)(A)(iv), 1324(a)(1)(A)(v)(II) and 1324(a)(1)(B)(I) BRINGING IN AND HARBORING ALIENS with Forfeiture Allegation
(1)		 1 year probation. $400 (paid) assessment. $32,000 (paid) fine.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA represented byPeter E Deegan , Jr
US Attorney's Office
Northern District of Iowa
401 First Street, SE
Suite 400
**ECF
Cedar Rapids, IA 52401-1825
319 363 6333
Fax: 363 1990
Email: peter.deegan@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Martin J McLaughlin
US Attorney's Office
Northern District of Iowa
401 First Street, SE
Hach Building, Suite 400
ECF
Cedar Rapids, IA 52401-1825
319 363 6333
Fax: 363 1990
Email: marty.mclaughlin@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/03/2011  Judge update in case as to Birker, Inc. Chief Judge Linda R Reade and Magistrate Judge Jon S Scoles added. (Conflicts checked as to parties/AUSA Deegan and atty Kramer; none found) (pac) (Entered: 01/03/2011)
01/03/20112 INFORMATION as to Birker, Inc. (1) count 1. (pac) (Entered: 01/03/2011)
01/04/20113 NOTICE of Hearing as to Defendant Birker, Inc. Initial Appearance, Arraignment and Plea Hearing set for 1/10/2011 at 11:00 AM in 4200 C Street SW, Building B, Courtroom 2 before Magistrate Judge Jon S Scoles. Signed by Clerk on 1/4/2011. (pac) (Entered: 01/04/2011)
01/05/2011  Set Deadline as to Defendant Birker, Inc.: Waiver of Indictment due by 1/10/2011. (pac) (Entered: 01/05/2011)
01/06/20114 RULE 11 Letter by USA as to Defendant Birker, Inc. (Attachments: # 1 Exhibit 1-signed plea agreement) (Deegan, Peter) (Entered: 01/06/2011)
01/07/20115 NOTICE of Consent to Entry of a Plea of Guilty by Defendant Birker, Inc. (Deegan, Peter) (Entered: 01/07/2011)
01/07/20116 WAIVER OF INDICTMENT by Defendant Birker, Inc. (Deegan, Peter) (Entered: 01/07/2011)
01/10/20117 MINUTE Entry for proceedings held before Magistrate Judge Jon S Scoles: Initial Appearance, Arraignment and Plea Hearing as to Defendant Birker, Inc. (1) Count 1 held on 1/10/2011. Attorney Jan M Kramer for defendant, and defendant (Kenneth Birker acting as an authorized representative) pled guilty to Count 1 of the Information. (Court Reporter Patrice Murray) (pac) (Entered: 01/10/2011)
01/10/20118 REPORT AND RECOMMENDATION to Accept Guilty Plea as to Count 1 of the Information as to Birker, Inc. Objections to R&R due by 1/24/2011. Signed by Magistrate Judge Jon S Scoles on 1/10/2011. (pac) (Entered: 01/10/2011)
01/24/20119 SEALED Offense Conduct Statement as to Defendant Birker, Inc. (Deegan, Peter) (Entered: 01/24/2011)
01/25/201110 ORDER Accepting Report and Recommendation re Plea as to the Information regarding Defendant Birker, Inc., for 8 Report and Recommendation to Accept Guilty Plea to Count 1. Signed by Chief Judge Linda R Reade on 01/25/2011. (skm) (Entered: 01/25/2011)
02/09/201111 SEALED Draft Presentence Investigation Report by USA, US Probation, Birker, Inc. as to Defendant Birker, Inc. (Attachments: # 1 Instructions for Objecting) (Cannon, Mary) (Entered: 02/09/2011)
02/22/201112 SEALED Objection to Presentence Investigation Report By Defendant as to Birker, Inc. 11 (Attachments: # 1 Attachment) (Kramer, Jan) Modified on 2/22/2011 (ksy). Modified text on 2/23/2011 (skm). (Entered: 02/22/2011)
02/23/201113 SEALED Objection to Presentence Investigation Report By Plaintiff as to Birker, Inc. 11 (Deegan, Peter) (Entered: 02/23/2011)
02/28/201114 SEALED Presentence Investigation Report Final by USA, US Probation, Birker, Inc. as to Defendant Birker, Inc. (Attachments: # 1 Sentencing Worksheet) (Cannon, Mary) (Entered: 02/28/2011)
03/02/201115 ORDER Setting Hearing as to Defendant Birker, Inc. Sentencing set for 4/21/2011 at 04:00 PM, 4200 C Street SW, Building B, Courtroom 1 before Chief Judge Linda R Reade. Signed by Chief Judge Linda R Reade on 3/2/2011. (dll) (Entered: 03/02/2011)
03/25/201116 SENTENCING Memorandum by USA as to Defendant Birker, Inc. (Deegan, Peter) (Entered: 03/25/2011)
04/07/201117 SENTENCING Memorandum by Defendant Birker, Inc. (Kramer, Jan) (Entered: 04/07/2011)
04/21/201118  MOTION for Preliminary Order of Forfeiture and Final Order of Forfeiture and Judgment by USA as to Birker, Inc.. (McLaughlin, Martin) (Entered: 04/21/2011)
04/21/201119 PRELIMINARY AND FINAL ORDER of Forfeiture and Judgment granting 18 Motion for Preliminary Order of Forfeiture as to Birker, Inc. (1)Signed by Chief Judge Linda R Reade on 04/21/2011. (certified copy to AUSA McLaughlin) (jls) (Entered: 04/21/2011)
04/22/201120 MINUTE Entry for proceedings held before Chief Judge Linda R Reade: Sentencing held on 4/21/2011 as to defendant Birker, Inc. Hearing concluded. (Court Reporter Patrice Murray) (skm) (Entered: 04/22/2011)
04/25/201121 JUDGMENT as to Defendant Birker, Inc. (1). Count 1: 1 year probation. $400 (paid) assessment. $32,000 (paid) fine. Signed by Chief Judge Linda R Reade on 4/25/2011. (pac) (Entered: 04/25/2011)
04/25/201122 SEALED Statement of Reasons by USA, US Probation, Birker, Inc. as to Defendant Birker, Inc. (Cannon, Mary) (Entered: 04/25/2011)
04/20/201223 REPORT and Order Terminating Probation as to Defendant Birker, Inc. Signed by Chief Judge Linda R Reade on 4/20/2012 (certified copies to USP). (skm) (Entered: 04/20/2012)