APPEAL, CLOSED

U.S. District Court
Middle District of Louisiana (Baton Rouge)
CRIMINAL DOCKET FOR CASE #: 3:08-cr-00028-RET-CN-1


Case title: USA v. Chemical & Metal Industries, Inc.

Date Filed: 03/13/2008
Date Terminated: 03/30/2011

Assigned to: Chief Judge Ralph E. Tyson
Referred to: Magistrate Judge Christine Noland

Defendant (1)
Chemical & Metal Industries, Inc.
TERMINATED: 03/30/2011
represented byMichael Sean Walsh
Lee & Walsh
257 Maxmilian Street
Baton Rouge, LA 70802
225-344-0474
Fax: 225-344-9124
Email: michael@leeandwalsh.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2s)
Probation for 2 years. Assessment of $125.00. Fine of $1,000,000.00. Restitution of $2,000,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL
(1)
Dismissed as a result of the filing of a Superseding Indictment.
STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL
(1s)
Dismissed on government motion.
FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(2)
Dismissed as a result of the filing of a Superseding Indictment.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byCorey Ross Amundson
United States Attorney's Office - BR
Middle District of Louisiana
777 Florida Street, Suite 208
Baton Rouge, LA 70801
225-389-0443
Fax: 225-389-0561
Email: corey.amundson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
03/13/20081INDICTMENT as to Chemical & Metal Industries, Inc. (1) count(s) 1, 2. (HCJ, ) (Entered: 03/14/2008)
03/13/20082NOTICE of Grand Jury Return (HCJ, ) Modified on 3/17/2008 to edit text(HCJ, ). (Entered: 03/14/2008)
03/25/2008  Case as to Chemical & Metal Industries, Inc. Reassigned to Chief Judge Ralph E. Tyson. Judge John V. Parker no longer assigned to the case. (HCJ, ) (Entered: 03/25/2008)
03/25/20083ORDER as to Chemical & Metal Industries, Inc.: Case is transferred to Section C of this Court. Related Case 07-CR-31-RET-SCR. Signed by Chief Judge Ralph E. Tyson and Judge John V. Parker on 3/20/08. (HCJ, ) (Entered: 03/25/2008)
03/26/20084ORDER as to Chemical & Metal Industries, Inc.: 5A Hearing set for 4/2/2008 at 02:30 PM in Courtroom 6 before Magistrate Judge Christine Noland. Signed by Magistrate Judge Christine Noland on 3/26/08. (HCJ, ) (Entered: 03/26/2008)
03/26/20085THERE IS NO DOCUMENT # 5 Modified on 3/26/2008 (HCJ, ). (Entered: 03/26/2008)
03/26/2008Notice of Docket Entry Modification by Deputy Clerk regarding 5 Minute Entry docketed in wrong case. (HCJ, ) (Entered: 03/26/2008)
04/02/20087 MOTION to Enroll Michael S. Walsh as Additional Counsel by Chemical & Metal Industries, Inc.. (Attachments: # 1 Proposed Pleading; Order)(Walsh, Michael) (Entered: 04/02/2008)
04/02/20088MINUTE ENTRY for proceedings held before Magistrate Judge Christine Noland:5A Hearing and Arraignment as to Chemical & Metal Industries, Inc. (1) Count 1,2 held on 4/2/2008. Exhibit filed. Defendant enters a plea of NOT GUILTY. The Court accepts the plea of not guilty and will issue a scheduling order. (HCJ, ) (Entered: 04/02/2008)
04/02/20089SCHEDULING ORDER as to Chemical & Metal Industries, Inc. setting Discovery Deadlines. Substantive Motion Filing Deadline set to 4/28/2008. Signed by Magistrate Judge Christine Noland on 08-28. (HCJ, ) (Entered: 04/02/2008)
04/02/200810ORDER granting 7 Motion to Enroll Additional Counsel. adding Michael Sean Walsh for Chemical & Metal Industries, Inc. Signed by Magistrate Judge Christine Noland on 4/2/08. (HCJ, ) (Entered: 04/02/2008)
04/10/200811SUPERSEDING INDICTMENT as to Chemical & Metal Industries, Inc. (1) count(s) 1s, 2s. (HCJ, ) (Entered: 04/11/2008)
04/10/200812NOTICE of Grand Jury Return (HCJ, ) (Entered: 04/11/2008)
05/09/200813MINUTE ENTRY for proceedings held before Magistrate Judge Christine Noland:Initial Appearance and Arraignment as to Chemical & Metal Industries, Inc. (1) Count 1s,2s held on 5/9/2008. Counsel enters a plea of not guilty to counts 1 and 2 of the superseding indictment of behalf of Dft. The court accepts the not guilty plea and will issue a scheduling order...Dft released with conditions. (JKH, ) (Entered: 05/09/2008)
05/09/200814SCHEDULING ORDER as to Chemical & Metal Industries, Inc. setting Discovery Deadlines. Substantive Motion Filing Deadline set to 5/29/2008. Signed by Magistrate Judge Christine Noland on 5/9/08. (JKH, ) (Entered: 05/09/2008)
06/09/200815Unopposed MOTION Certification as Complex Case by Chemical & Metal Industries, Inc.. (Attachments: # 1 Proposed Pleading; Order)(Walsh, Michael) (Entered: 06/09/2008)
06/10/200816ORDER granting 15 Motion for Certification as Complex Case as to Chemical & Metal Industries, Inc. (1). Signed by Chief Judge Ralph E. Tyson on 6/10/2008. (NLT, ) (Entered: 06/10/2008)
07/17/200817 NOTICE TO COUNSEL as to Chemical & Metal Industries, Inc.: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Status Conference set for 8/14/2008 at 02:00 PM in chambers before Chief Judge Ralph E. Tyson. (DCB) (Entered: 07/17/2008)
08/14/200818MINUTE ENTRY for proceedings held before Chief Judge Ralph E. Tyson: Status Conference as to Chemical & Metal Industries, Inc. held on 8/14/2008. Counsel discuss waiving a trial by jury. Bench Trial set for 8/24/2009 before Chief Judge Ralph E. Tyson. (Court Reporter J. Francisco.) (JDL, ) (Entered: 08/20/2008)
03/03/200919 NOTICE TO COUNSEL as to Chemical & Metal Industries, Inc.:(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) The Bench Trial set for 8/24/2009 at 09:00 AM before Chief Judge Ralph E. Tyson is now converted to a JURY TRIAL..... PLEASE BE ADVISED, that to further the orderly process of the trial of this matter, opening statements of counsel are hereby limited to a MAXIMUM of thirty (30) minutes as to each side. Closing arguments are hereby limited to a MAXIMUM of one (1) hour as to each side.

The United States Attorney is responsible for issuing any necessary writ to obtain defendant's presence at this hearing. Should the U.S. Marshal determine that a writ is necessary to obtain defendant's presence and that no writ has been received, the U.S. Marshal shall immediately advise the U.S. Attorney to deliver such writ in sufficient time to cause the defendant's presence at such hearing.

(DCB) (Entered: 03/03/2009)
03/20/200920 MOTION for Protective Order by USA as to Chemical & Metal Industries, Inc.. (Amundson, Corey) (Entered: 03/20/2009)
03/23/200921ORDER granting 20 Motion for Protective Order as to Chemical & Metal Industries, Inc. (1). Signed by Chief Judge Ralph E. Tyson on 3/23/09. (BP, ) (Entered: 03/23/2009)
04/22/200922 MOTION to Admit Defendant Corporation's Statements by USA as to Chemical & Metal Industries, Inc.. (Amundson, Corey) (Entered: 04/22/2009)
06/03/200923 NOTICE TO COUNSEL as to Chemical & Metal Industries, Inc.: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Status Conference set for 6/9/2009 at 10:30 AM in chambers before Chief Judge Ralph E. Tyson. (DCB) (Entered: 06/03/2009)
06/04/200924NOTICE of Discovery Compliance by USA as to Chemical & Metal Industries, Inc. (Amundson, Corey) (Entered: 06/04/2009)
06/11/200925MINUTE ENTRY for proceedings held before Chief Judge Ralph E. Tyson: Status Conference in chambers as to Chemical & Metal Industries, Inc. held on 6/11/2009. The court advised that if a motion to continue the trial was filed, the trial date would be converted to a status cnf to discuss new dates. (BP, ) (Entered: 06/16/2009)
06/24/200926First MOTION to Continue Trial on August 24, 2009 by Chemical & Metal Industries, Inc.. (Walsh, Michael) (Entered: 06/24/2009)
06/26/200927ORDER granting 26 Motion to Continue Trial as to Chemical & Metal Industries, Inc. (1). The trial is continued and converted to a Status Conference set for 8/24/09 at 2:30 p.m. in chambers. Signed by Chief Judge Ralph E. Tyson on 6/25/09. (BP, ) (Entered: 06/26/2009)
06/26/2009  Set/Reset Hearings as to Chemical & Metal Industries, Inc.: Status Conference set for 8/24/2009 at 02:30 PM in chambers before Chief Judge Ralph E. Tyson. (BP, ) (Entered: 06/26/2009)
07/02/200928PROTECTIVE ORDER as to Chemical & Metal Industries, Inc. as stated herein. Signed by Chief Judge Ralph E. Tyson on 6/30/09. (BP, ) (Entered: 07/02/2009)
11/13/200929 NOTICE OF RE-ARRAIGNMENT as to Chemical & Metal Industries, Inc.:(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Re-Arraignment set for 1/12/2010 at 09:30 AM before Chief Judge Ralph E. Tyson. Counsel for the United States shall submit to the court, not later than FORTY-EIGHT HOURS prior to the date of the arraignment, any documents to be used during the arraignment, including, but not limited to the following: (1)waiver of indictment (2) bill of information(3) signed copy of plea agreement and (4) any written factual basis to be read into the record or used by any witness.The United States Attorney is responsible for issuing any necessary writ to obtain defendants presence at this hearing. Should the U.S. Marshal determine that a writ is necessary to obtain the defendants presence and that no writ has been received, the U.S. Marshal shall immediately advise the U.S. Attorney to deliver such writ in sufficient time to cause the defendants presence at such hearing (DCB) (Entered: 11/13/2009)
01/05/201030 NOTICE OF RE-ARRAIGNMENT as to Chemical & Metal Industries, Inc.:***COURTROOM AND DATE CHANGE***(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Re-Arraignment RESET for 1/13/2010 at 09:00 AM in Courtroom 1 before Judge James J. Brady. Counsel for the United States shall submit to the court, not later than FORTY-EIGHT HOURS prior to the date of the arraignment, any documents to be used during the arraignment, including, but not limited to the following: (1)waiver of indictment (2) bill of information(3) signed copy of plea agreement and (4) any written factual basis to be read into the record or used by any witness.The United States Attorney is responsible for issuing any necessary writ to obtain defendants presence at this hearing. Should the U.S. Marshal determine that a writ is necessary to obtain the defendants presence and that no writ has been received, the U.S. Marshal shall immediately advise the U.S. Attorney to deliver such writ in sufficient time to cause the defendants presence at such hearing (DCB) (Entered: 01/05/2010)
01/13/201031MINUTE ENTRY for proceedings held before Judge James J. Brady: Arraignment as to Chemical & Metal Industries, Inc. (1) Count 2s held on 1/13/2010. Written consent of the Board of Directors of Chemical and Metal Industries, Inc. and letter to Mr. Alan Gilbert filed into the record. Plea agreement filed into the record. Plea entered by Chemical & Metal Industries, Inc. (1) Guilty Count 2s. The court accepts the plea and refers matter to the USPO for a PSR. The court defers acceptance of the plea agreement pending receipt of the PSR. (Court Reporter J. Francisco.) (BP, ) (Entered: 01/15/2010)
01/13/201032PLEA AGREEMENT as to Chemical & Metal Industries, Inc. (BP, ) (Entered: 01/15/2010)
01/13/201033EXHIBIT LIST by USA. (BP, ) (Entered: 01/15/2010)
09/30/201034NOTICE of Presentence Report Disclosure filed by USPO as to Chemical & Metal Industries, Inc. (Rambo, Clarence) (Entered: 09/30/2010)
10/01/201035***SEALED Presentence Investigation Report filed by USPO as to Chemical & Metal Industries, Inc.. (For your free look at document, enter your ECF login and pw to confirm your right to view) (Rambo, Clarence) (Entered: 10/01/2010)
10/05/201036 NOTICE OF SENTENCING as to Chemical & Metal Industries, Inc.: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Sentencing set for 1/6/2011 at 09:30 AM in Courtroom 3 before Chief Judge Ralph E. Tyson.

The United States Attorney is responsible for issuing any necessary writ to obtain defendant's presence at this hearing. Should the U.S. Marshal determine that a writ is necessary to obtain defendant's presence and that no writ has been received, the U.S. Marshal shall immediately advise the U.S. Attorney to deliver such writ in sufficient time to cause the defendant's presence at such hearing.

(DCB) (Entered: 10/05/2010)
12/06/201037***SEALED Presentence Report Addendum filed by USPO as to Chemical & Metal Industries, Inc.. (For your free look at document, enter your ECF login and pw to confirm your right to view) (Rambo, Clarence) (Entered: 12/06/2010)
01/03/201138 MOTION to Continue Sentencing Hearing by Chemical & Metal Industries, Inc.. (Walsh, Michael) (Entered: 01/03/2011)
01/04/201139ORDER granting 38 Motion to Continue Sentencing as to Chemical & Metal Industries, Inc. (1) Sentencing reset for 3/3/2011 at 09:30 AM before Chief Judge Ralph E. Tyson.Signed by Chief Judge Ralph E. Tyson on 01/04/2011. (NLT) (Entered: 01/04/2011)
01/05/201140 NOTICE OF SENTENCING as to Chemical & Metal Industries, Inc.: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Sentencing RESET for 3/24/2011 at 09:30 AM in Courtroom 3 before Chief Judge Ralph E. Tyson.

The United States Attorney is responsible for issuing any necessary writ to obtain defendant's presence at this hearing. Should the U.S. Marshal determine that a writ is necessary to obtain defendant's presence and that no writ has been received, the U.S. Marshal shall immediately advise the U.S. Attorney to deliver such writ in sufficient time to cause the defendant's presence at such hearing.

(DCB) (Entered: 01/05/2011)
01/06/201141 AMENDED NOTICE OF SENTENCING***TIME CHANGE ONLY*** as to Chemical & Metal Industries, Inc.:(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Sentencing set for 3/24/2011 at 02:00 PM in Courtroom 3 before Chief Judge Ralph E. Tyson.

The United States Attorney is responsible for issuing any necessary writ to obtain defendant's presence at this hearing. Should the U.S. Marshal determine that a writ is necessary to obtain defendant's presence and that no writ has been received, the U.S. Marshal shall immediately advise the U.S. Attorney to deliver such writ in sufficient time to cause the defendant's presence at such hearing.

(DCB) (Entered: 01/06/2011)
03/24/201143AMENDED MINUTE ENTRY for proceedings held before Chief Judge Ralph E. Tyson:Sentencing held on 3/24/2011 as to Chemical & Metal Industries, Inc. Court accepts plea agreement. Sentence imposed. (Court Reporter J. Francisco.) (PJH) (Entered: 03/30/2011)
03/29/201142MINUTE ENTRY for proceedings held before Chief Judge Ralph E. Tyson: Sentencing held on 3/29/2011 as to Chemical & Metal Industries, Inc. The Court accepts the plea agreement. Deft makes statement. The Court imposes sentence. (Court Reporter Judy Francisco.) (JDL) (Entered: 03/30/2011)
03/30/201144JUDGMENT as to Chemical & Metal Industries, Inc. (1), Count(s) 1, 2, Dismissed as a result of the filing of a Superseding Indictment; Count(s) 1s, Dismissed on government motion.; Count(s) 2s, Probation for 2 years. Assessment of $125.00. Fine of $1,000,000.00. Restitution of $2,000,000.00. (certified copy sent to USA). Signed by Chief Judge Ralph E. Tyson on 3/30/11. (BP) (Entered: 03/30/2011)
03/30/2011  DISMISSAL OF COUNTS on Government Motion as to Chemical & Metal Industries, Inc.. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) (NLT) (Entered: 04/05/2011)
04/01/201146TRANSCRIPT REQUEST for Sentencing and Plea by Chemical & Metal Industries, Inc. for proceedings held on 3/29/2011 before Judge Judge Ralph E. Tyson and Judge Brady. (Walsh, Michael) (Main Document 46 replaced on 4/1/2011) (JDL). (Entered: 04/01/2011)
04/06/201147 MOTION to Alter Judgment /Defendant's Motion to correct Sentence Pursuant to FRCRP 35(a) and Request for Forthwith Hearing by Chemical & Metal Industries, Inc.. (Attachments: # 1 Order Setting Defendant's Motion to Correct Sentence Pursuant to FED.R.CRIM.P. 35(a) and Request for Hearing)(Walsh, Michael) Modified on 4/11/2011 (PAH). (Entered: 04/06/2011)
04/06/201148NOTICE OF APPEAL by Chemical & Metal Industries, Inc. ( Filing fee $ 455 receipt number 053N-666804.) (Walsh, Michael) (Entered: 04/06/2011)
04/19/201149 REQUEST for Entire Record on Appeal regarding 48 Notice of Appeal. (Walsh, Michael) (Entered: 04/19/2011)
04/20/201150NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Chemical & Metal Industries, Inc. Transcript of Re-Arraignment before Judge James Brady held on January 13, 2010. Court Reporter/Transcriber Judy Y. Francisco, CCR, Telephone number 225-389-3566.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have five (5) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Request due 5/9/2011. Redacted Transcript Deadline set for 5/18/2011. Release of Transcript Restriction set for 7/19/2011. (Francisco, Judy) (Entered: 04/20/2011)

04/20/201151NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Chemical & Metal Industries, Inc. Transcript of Sentence before Chief Judge Ralph E. Tyson held on March 4, 2011. Court Reporter/Transcriber Judy Y. Francisco, CCR, Telephone number 225-389-3566.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have five (5) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Request due 5/9/2011. Redacted Transcript Deadline set for 5/18/2011. Release of Transcript Restriction set for 7/19/2011. (Francisco, Judy) (Entered: 04/20/2011)

04/20/2011  Record on Appeal Electronically Certified as to Chemical & Metal Industries, Inc. regarding 48 Notice of Appeal. US Court of Appeals notified of certification. (NLT) (Entered: 04/20/2011)
04/20/201152Transmitted Record on Appeal to All Counsel of Record regarding 1 Appeal Record)(NLT) (Entered: 04/20/2011)
04/21/201153 ORDER as to Chemical & Metal Industries, Inc.: re 47 MOTION to Alter Judgment /DEFENDENT'S MOTION TO CORRECT SENTENCE PURSUANT TO FED.R.CRIM.P. 35(a) filed by Chemical & Metal Industries, Inc. Motion Hearing set for 5/31/2011 at 09:30 AM in Courtroom 3 before Chief Judge Ralph E. Tyson. The government shall file a response to the motion on or before May 5, 2011.. Signed by Chief Judge Ralph E. Tyson on 4/21/11.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 04/21/2011)