CLOSED

U.S. District Court
Eastern District of Virginia - (Norfolk)
CRIMINAL DOCKET FOR CASE #: 2:04-cr-00143-RBS-1


Case title: USA v. Dominion Star
Date Filed: 08/02/2004
Date Terminated: 01/25/2005
Assigned to: District Judge Rebecca Beach Smith

Defendant (1)
Dominion Star Corporation
TERMINATED: 01/25/2005
doing business as
17th Street Jesters
TERMINATED: 01/25/2005		 represented byFranklin Alex Swartz
Rabinowitz Swartz Taliaferro Swartz & Goodove
150 Boush St
Suite 800
Norfolk, VA 23510
757-622-3931
Fax: 757-626-1003
Email: ssawyer@rstsg.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
21:863(a)(1) (21:863A.F) OFFERING TO SELL DRUG PARAPHERNALIA/21:863(c) CRIMINAL FORFEITURE (date offense concluded: 1.29.04)
(1)		 PROBATION: THREE (3) YEARS; FINE: $24,000.00; SPECIAL ASSESSMENT: $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA represented byKevin M. Comstock
United States Attorney's Office
101 W Main St
Suite 8000
Norfolk, VA 23510
(757) 441-6331
Fax: (757) 441-6689
Email: Kevin.Comstock@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/02/20041 CRIMINAL INFORMATION as to Dominion Star (1) count 1 (scar) (Entered: 08/04/2004)
08/02/2004  CASE REFERRED to Mag Judge F. B. Stillman (scar) (Entered: 08/04/2004)
08/09/2004  Plea Agreement Hearing as to Dominion Star set for 10:00 a.m. on 9/14/04 before Judge Rebecca B. Smith. (kgri) (Entered: 08/12/2004)
09/14/20042 WAIVER OF INDICTMENT by Dominion Star exec. and filed in open court. (kgri) (Entered: 09/16/2004)
09/14/2004  Initial appearance as to Dominion Star held before Judge Rebecca B. Smith (Rptr. Gloria Smith, OCR). USA appeared through: AUSA Comstock. Dft(s) appeared through: Franklin A. Swartz, ret. cnsl. (Defendant informed of rights.) Court Hours: 10:00-10:30 a.m. (kgri) (Entered: 09/16/2004)
09/14/2004  Matter came on re Plea to a Criminal Information as to Dominion Star Corp. Hearing held before Judge Rebecca B. Smith (Rptr. Gloria Smith, OCR). USA appeared through: AUSA Kevin Comstock. Dft(s) appeared through: Franklin Swartz, ret. cnsl. Mr. Swartz stated that he is the corp. cnsl. for Dominion Star Corp., and he is auth. to represent the corp. at the plea hrg. today. Deft. (Mr. Swartz) requ. to withdraw plea of not guilty to Count 1 and enter a plea of guilty to said count. Plea of guilty to Count 1 accepted by Court. Govt. pres. factual basis of case thru summ. by AUSA Comstock. Court finds deft. guilty as charged in Count 1. Contd. for PSR. Court Hours: 10:00-10:30 a.m. (kgri) (Entered: 09/16/2004)
09/14/2004  Exhibits received as to Dominion Star. (kgri) (Entered: 09/16/2004)
09/14/20043 Plea Agreement as to Dominion Star exec. and filed in open court. (kgri) (Entered: 09/16/2004)
09/14/20044 STATEMENT OF FACTS as to Dominion Star exec. and filed in open court. (kgri) (Entered: 09/16/2004)
09/14/2004  PLEA entered by Dominion Star - Guilty: Count 1 . (kgri) (Entered: 09/16/2004)
09/14/20045 Sentencing Procedures Order as to Dominion Star entered and filed in open court on 9/14/04. (Signed by Judge Rebecca B. Smith) (kgri) (Entered: 09/16/2004)
09/14/2004  Sentencing before Judge Rebecca B. Smith set for 10:00 a.m. on 12/7/04 for Dominion Star (1) - Count 1. (kgri) (Entered: 09/16/2004)
11/03/20046 POSITION of United States with Respect to Sentencing Factors as to Dominion Star. (kgri) (Entered: 11/03/2004)
11/19/20047 MOTION To Continue Sentencing Hearing by Dominion Star . (kgri) (Entered: 11/19/2004)
11/22/20048 ORDER as to Dominion Star granting [7-1] motion To Continue Sentencing Hearing from 12/7/04 to 12/14/04 at 10:30 a.m. filed 11/22/04 ( Signed by Judge Rebecca B. Smith ) Copies Mailed: 11/22/04 (scar) (Entered: 11/23/2004)
11/22/2004  Sentencing before Judge Rebecca B. Smith reset for 10:30 12/14/04 for Dominion Star Dominion Star (1) count(s) 1 (scar) (Entered: 11/23/2004)
12/14/2004  Minute entry as to Dominion Star: Matter came on for a sentencing before Judge Rebecca B. Smith. (Gloria Smith, OCR.) USA appeared through: Kevin Comstock, AUSA. Dft. (corporation) appeared through: Franklin A. Swartz, ret. (John Shafer appeared on behalf of the corporation). Sean Mitchell, probation officer, appeared. Deft. requested a continuance of the sentencing. Comments of court and counsel heard. Court directed the accountant to produce all records, reports, and information to the U.S. Probation Officer and the U.S. Attorney no later than January 14, 2005. Any addendum to the presentence report shall be submitted no later than January 21, 2005. Court granted deft's request and continued the sentening to Wednesday, January 26, 2005, at 10:00 a.m. Court directed the U.S. Attorney to issue a subpoena to Craig Wilhoit, an accountant with Goodman and Comapny, to appear at the sentencing on January 26, 2005, at 10:00 a.m. (mgra) (Entered: 12/14/2004)
12/14/2004  Sentencing, before Judge Rebecca B. Smith, reset for 10:00 a.m., on 1/26/05, for Dominion Star Dominion Star (1), count(s) 1. (mgra) (Entered: 12/14/2004)
12/14/20049 ORDER as to Dominion Star which continues the sentencing in this matter to 1/26/05 at 10:00 a.m. (Signed by Judge Rebecca B. Smith and filed on 12/14/04) Copies Mailed: 12/14/04, o.b. (kgri) (Entered: 12/14/2004)
01/26/2005  Sentencing held before Judge Rebecca B. Smith (Gloria Smith, OCR.) USA appeared through: Kevin Comstock, AUSA. Dft. corporation appeared through: Franklin Swartz, ret. counsel for Dominion Star Corporation (1). Sentenced on count(s) 1. (mgra) (Entered: 01/26/2005)
01/28/200510 JUDGMENT - Dominion Star (1) - Count 1: PROBATION: THREE (3) YEARS; FINE: $24,000.00; SPECIAL ASSESSMENT: $400.00 (Signed by Judge Rebecca B. Smith and filed on 1/28/05) Copies Mailed: 1/31/05, o.b. (kgri) (Entered: 01/31/2005)
07/20/200511 Rport and ORDER Terminating Probation Prior to Original Expiration Date as to Dominion Star Corporation . Ent. 7/18/05 & fld. 7/20/05 Signed by Judge Rebecca Beach Smith, Copies Mailed on 7/20/05. (ptom, ) (Entered: 07/20/2005)