| APPEAL,CLOSED |
Case title: USA v. Perez, et al |
Date Filed: 08/07/2001 Date Terminated: 11/22/2002 |
| Assigned to: Senior Judge Kenneth L. Ryskamp | ||
Defendant (2) |
||
|
EMI-SAR Trucking & Equipment, Inc.
TERMINATED: 12/02/2002 |
represented by | Anthony John Natale
Federal Public Defender's Office 150 W Flagler Street Miami, FL 33130-1556 305-533-4246 Fax: 305-530-7120 Email: Anthony_Natale@fd.org TERMINATED: 12/02/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Dean Lawrence Willbur , Jr. Dean L Willbur Jr PA 11380 Prosperity Farms Road Suite 110A Palm Beach Gardens, FL 33410 561-832-7773 Fax: 832-7994 TERMINATED: 12/02/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 33:1311A.F 2ND OFFENCE POLLUTANT DISCHARGES (1-2) |
PROBATION: FIVE (5) YEARS as to Counts One, Two and Three to run concurrently with each other. [See Special Conditions of Supervision]. ASSESSMENT: $1,200.00 FINE: $25,000.00 RESTITUTION: $9,100.00 | |
| 18:1361.F GOVERNMENT PROPERTY/CONTRACTS > $100 (3) |
PROBATION: FIVE (5) YEARS as to Counts One, Two and Three to run concurrently with each other. [See Special Conditions of Supervision]. ASSESSMENT: $1,200.00 FINE: $25,000.00 RESTITUTION: $9,100.00 | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
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| USA | represented by | Kenneth Noto
United States Attorney's Office 99 NE 4 Street Miami, FL 33132 305-961-9416 Fax: 530-7950 Email: kenneth.noto@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/07/2001 | 18 | INDICTMENT as to Emilio A. Perez (1) count(s) 1-2, 3, EMI-SAR Trucking & (2) count(s) 1-2, 3 (Criminal Category 1) (Former Deputy Clerk) (Entered: 08/14/2001) |
| 08/07/2001 | Magistrate identification: Magistrate Judge Linnea R. Johnson (Former Deputy Clerk) (Entered: 08/14/2001) | |
| 08/15/2001 | 19 | Minutes of Initial Hearing held on 8/15/01 before Magistrate Ann E. Vitunac as to EMI-SAR Trucking & Set status conference for 9/17/01 before Judge Linnea R. Johnson at 9:30 a.m. Initial, Garcia and Arraignment held, notice of permanent appearance filed, conflict issues addressed. Court Reporter Name or Tape #: AEV-01-64-3125 (at, Deputy Clerk) (Entered: 08/15/2001) |
| 08/15/2001 | Deadline updated as to EMI-SAR Trucking &, set status/ discovery for 9:30 a.m. on 9/17/01 for EMI-SAR Trucking & before Ch. Magistrate Judge Linnea R. Johnson (at, Deputy Clerk) (Entered: 08/15/2001) | |
| 08/15/2001 | 22 | NOTICE of Appearance for EMI-SAR Trucking & by Attorney Dean Lawrence Willbur Jr. (at, Deputy Clerk) (Entered: 08/15/2001) |
| 08/15/2001 | 23 | ORDER RE: STATUS CONFERENCE, SPEEDY TRIAL, PRETRIAL MATTERS as to Emilio A. Perez, EMI-SAR Trucking & Status conference set for 9:30 a.m. on 9/17/01 for Emilio A. Perez, for EMI-SAR Trucking & before Ch. Magistrate Judge Linnea R. Johnson (Signed by Magistrate Ann E. Vitunac on 8/15/01) [EOD Date: 8/15/01] CCAP (at, Deputy Clerk) (Entered: 08/15/2001) |
| 08/15/2001 | 24 | STANDING DISCOVERY ORDER as to Emilio A. Perez, EMI-SAR Trucking & all motions concerning matters not covered by this order must be filed within 28 days of this order ( Signed by Magistrate Ann E. Vitunac on 8/15/01) CCAP (at, Deputy Clerk) (Entered: 08/15/2001) |
| 08/15/2001 | 27 | ARRAIGNMENT INFORMATION SHEET for EMI-SAR Trucking & (2) count(s) 1-2, 3 NOT GUILTY PLEA ENTERED as to all counts. Court accepts plea. (at, Deputy Clerk) (Entered: 08/16/2001) |
| 08/16/2001 | 25 | NOTICE of Unavailability by USA as to Emilio A. Perez, EMI-SAR Trucking & for dates of: 9/19/01 through 10/8/01 (at, Deputy Clerk) (Entered: 08/16/2001) |
| 08/16/2001 | 26 | ORDER on Initial Appearance as to EMI-SAR Trucking & Equipment before Magistrate Ann E. Vitunac, , (Signed by Magistrate Ann E. Vitunac on 8/15/01) Tape # AEV 01-64-3125 CCAP (at, Deputy Clerk) (Entered: 08/16/2001) |
| 08/27/2001 | 28 | WAIVER of Speedy Trial by Emilio A. Perez, EMI-SAR Trucking (at, Deputy Clerk) (Entered: 08/27/2001) |
| 08/27/2001 | 29 | NOTICE OF TRIAL as to Emilio A. Perez, EMI-SAR Trucking : Jury trial is set for 9:00 a.m. on 10/22/01 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp , Counsel shall report to a Calendar Call for 1:15 p.m. on 10/17/01 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (at, Deputy Clerk) (Entered: 08/27/2001) |
| 08/28/2001 | 30 | RESPONSE to Standing Discovery Order by USA as to Emilio A. Perez, EMI-SAR Trucking (at, Deputy Clerk) (Entered: 08/28/2001) |
| 09/17/2001 | 32 | Minutes of Status Re: Discovery held on 9/17/01 before Ch. Magistrate Judge Linnea R. Johnson as to EMI-SAR Trucking ; No pending motions, no discovery problems, estimated trial time is 3 days. Court Reporter Name or Tape #: LRJ-01-55-465 (at, Deputy Clerk) (Entered: 09/18/2001) |
| 09/17/2001 | 34 | ORDER as to EMI-SAR Trucking. There are no pending motions for pretrial determination. There are no discovery problems. The case is ready for trial and not likely to settle by plea. The parties estimate trial will take 3 days to complete. The case will go to trial. (Signed by Ch. Magistrate Judge Linnea R. Johnson on 9/17/01) [EOD Date: 9/18/01] CCAP (at, Deputy Clerk) (Entered: 09/18/2001) |
| 09/17/2001 | Status Re: Discovery as to EMI-SAR Trucking held (at, Deputy Clerk) (Entered: 09/18/2001) | |
| 09/18/2001 | 35 | RESPONSE to Standing Discovery Order by USA as to Emilio A. Perez, EMI-SAR Trucking (at, Deputy Clerk) (Entered: 09/18/2001) |
| 09/18/2001 | 36 | First Speedy Trial Report by USA as to Emilio A. Perez, EMI-SAR Trucking (at, Deputy Clerk) (Entered: 09/18/2001) |
| 10/18/2001 | MOTION in open court by Emilio A. Perez, EMI-SAR Trucking to continue trial (at, Deputy Clerk) (Entered: 10/19/2001) | |
| 10/18/2001 | 37 | ORDER GRANTING CONTINUANCE OF TRIAL as to Emilio A. Perez, EMI-SAR Trucking granting [0-0] oral motion to continue trial as to Emilio A. Perez (1), EMI-SAR Trucking (2) reset Jury Trial for 9:00 a.m. 12/3/01 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp , Reset Calendar Call for 1:15 p.m. 11/28/01 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (Signed by Judge Kenneth L. Ryskamp on 10/18/01) [EOD Date: 10/19/01] CCAP (at, Deputy Clerk) (Entered: 10/19/2001) |
| 10/22/2001 | 38 | MOTION by USA as to Emilio A. Perez, EMI-SAR Trucking to bring electronic equipment into the courtroom (at, Deputy Clerk) (Entered: 10/23/2001) |
| 10/22/2001 | 39 | COURT'S ORDER RE: ELECTRONIC EQUIPMENT as to Emilio A. Perez, EMI-SAR Trucking granting [38-1] motion to bring electronic equipment into the courtroom as to Emilio A. Perez (1), EMI-SAR Trucking (2) (Signed by Judge Kenneth L. Ryskamp on 10/22/01) [EOD Date: 10/23/01] CCAP (at, Deputy Clerk) (Entered: 10/23/2001) |
| 11/28/2001 | 40 | ORDER GRANTING CONTINUANCE OF TRIAL as to Emilio A. Perez, EMI-SAR Trucking This case is reset for Trial for 9:00 a.m. on 1/2/02 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp , Reset Calendar Call for 1:15 p.m. on 12/26/01 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (Signed by Judge Kenneth L. Ryskamp on 11/28/01) [EOD Date: 11/29/01] CCAP (at, Deputy Clerk) (Entered: 11/29/2001) |
| 12/10/2001 | 42 | AGREED ORDER MODIFYING SPECIAL CONDITIONS OF BOND as to Emilio A. Perez, EMI-SAR Trucking. The special conditions of bond previously set are modified to allow the Defendant, his counsel, and the defense team reasonable access to Parcel 1, for the purpose of collecting, preserving, examining and identifying evidence necessary for their preparation for trial. Limited excavation and removal of samples is permitted for the sole purpose of examining, collecting, and preserving evidence. The Defendant is allowed to be present so long as his counsel is additionally present. The restrictions on dumping and filling of Parcel 1 remain in full force and effect, as such activities are not necessary for the preparation of the Defendant's defense. (Signed by Ch. Magistrate Judge Linnea R. Johnson on 12/8/01) [EOD Date: 12/10/01] CCAP (at, Deputy Clerk) (Entered: 12/10/2001) |
| 01/09/2002 | 43 | Minutes of Jury Trial held on 1/9/02 before Judge Kenneth L. Ryskamp as to Emilio A. Perez, EMI-SAR Trucking; Trial Cont'd to 1/10/02; Court Reporter Name or Tape #: Stephen Franklin (at, Deputy Clerk) Modified on 01/10/2002 (Entered: 01/10/2002) |
| 01/09/2002 | Voir dire begun as to Emilio A. Perez (1) count(s) 1-2, 3, EMI-SAR Trucking (2) count(s) 1-2, 3 (at, Deputy Clerk) (Entered: 01/10/2002) | |
| 01/09/2002 | Jury trial as to Emilio A. Perez, EMI-SAR Trucking held (at, Deputy Clerk) (Entered: 01/10/2002) | |
| 01/10/2002 | 47 | Minutes of Jury Trial held on 1/10/02 before Judge Kenneth L. Ryskamp as to Emilio A. Perez, EMI-SAR Trucking; Trial Cont'd to 1/14/02 Court Reporter Name or Tape #: Stephen Franklin (at, Deputy Clerk) (Entered: 01/16/2002) |
| 01/10/2002 | Jury trial as to Emilio A. Perez, EMI-SAR Trucking held (at, Deputy Clerk) (Entered: 01/16/2002) | |
| 01/14/2002 | 44 | Court's Jury instructions as to Emilio A. Perez, EMI-SAR Trucking (at, Deputy Clerk) (Entered: 01/16/2002) |
| 01/14/2002 | 45 | Proposed Jury Instructions by USA as to Emilio A. Perez, EMI-SAR Trucking (at, Deputy Clerk) (Entered: 01/16/2002) |
| 01/14/2002 | 46 | Exhibit and Witness List by Emilio A. Perez, EMI-SAR Trucking, USA as to Emilio A. Perez, EMI-SAR Trucking (at, Deputy Clerk) (Entered: 01/16/2002) |
| 01/14/2002 | 48 | Minutes of Jury Trial held on 1/14/02 before Judge Kenneth L. Ryskamp as to Emilio A. Perez, EMI-SAR Trucking; Jury Verdict, Sentencing Date: 03/22/02 at 1:30 p.m. Court Reporter Name or Tape #: Stephen Franklin (at, Deputy Clerk) (Entered: 01/16/2002) |
| 01/14/2002 | Jury trial as to Emilio A. Perez, EMI-SAR Trucking held (at, Deputy Clerk) (Entered: 01/16/2002) | |
| 01/14/2002 | 49 | JURY VERDICT as to Emilio A. Perez, EMI-SAR Trucking Guilty: Emilio A. Perez (1) count(s) 1-2, 3, EMI-SAR Trucking (2) count(s) 1-2, 3 (at, Deputy Clerk) (Entered: 01/16/2002) |
| 01/14/2002 | 50 | NOTICE OF SENTENCING DATE as to Emilio A. Perez, EMI-SAR Trucking Sentencing is set for 1:30 p.m. on 3/22/02 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (at, Deputy Clerk) (Entered: 01/16/2002) |
| 01/14/2002 | 51 | Release of exhibits as to Emilio A. Perez, EMI-SAR Trucking Released to: J.D. Pearsall US EPA CID (at, Deputy Clerk) (Entered: 01/16/2002) |
| 01/17/2002 | 52 | NOTICE RESETTING HEARING as to Emilio A. Perez, EMI-SAR Trucking: Resetting Sentencing for 1:30 p.m. on 4/5/02 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (at, Deputy Clerk) (Entered: 01/18/2002) |
| 01/22/2002 | 53 | POST VERDICT MOTION by Emilio A. Perez, EMI-SAR Trucking for Judgment of Acquittal , and for new trial (at, Deputy Clerk) (Entered: 01/23/2002) |
| 01/29/2002 | 54 | RESPONSE by USA as to Emilio A. Perez, EMI-SAR Trucking in opposition to [53-1] motion for Judgment of Acquittal, [53-2] motion for new trial (at, Deputy Clerk) (Entered: 01/30/2002) |
| 02/01/2002 | 55 | ORDER DENYING MOTION FOR NEW TRIAL AND JUDGMENT OF ACQUITTAL as to Emilio A. Perez, EMI-SAR Trucking denying [53-1] motion for Judgment of Acquittal as to Emilio A. Perez (1), EMI-SAR Trucking (2), denying [53-2] motion for new trial as to Emilio A. Perez (1), EMI-SAR Trucking (2) ( Signed by Judge Kenneth L. Ryskamp on 01/31/02) [EOD Date: 2/1/02] CCAP (at, Deputy Clerk) (Entered: 02/01/2002) |
| 02/20/2002 | 56 | TRANSCRIPT filed as to Emilio A. Perez, EMI-SAR Trucking of Jury Trial held 1/9/02 before Judge Kenneth L. Ryskamp Volume #: 1 Pages: 1-240 (Former Deputy Clerk) (Entered: 02/20/2002) |
| 02/20/2002 | 57 | TRANSCRIPT filed as to Emilio A. Perez, EMI-SAR Trucking of Jury Trial held 1/10/02 before Judge Kenneth L. Ryskamp Volume #: 2 Pages: 241-478 (Former Deputy Clerk) (Entered: 02/20/2002) |
| 02/20/2002 | 58 | TRANSCRIPT filed as to Emilio A. Perez, EMI-SAR Trucking of Jury Trial held 1/14/02 before Judge Kenneth L. Ryskamp Volume #: 3 Pages: 479-688 (Former Deputy Clerk) (Entered: 02/20/2002) |
| 02/20/2002 | 59 | NOTICE RESETTING HEARING as to Emilio A. Perez, EMI-SAR Trucking: Resetting Sentencing for 1:30 p.m. 5/3/02 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (at, Deputy Clerk) (Entered: 02/21/2002) |
| 04/15/2002 | 60 | NOTICE RESETTING HEARING as to Emilio A. Perez, EMI-SAR Trucking Resetting Sentencing for 10:00 a.m. on 5/10/02 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (at, Deputy Clerk) (Entered: 04/16/2002) |
| 05/09/2002 | 62 | OBJECTION by EMI-SAR Trucking to Presentence Investigation Report (at, Deputy Clerk) (Entered: 05/09/2002) |
| 05/09/2002 | 63 | MOTION by Emilio A. Perez, EMI-SAR Trucking for new trial newly discovered evidence (at, Deputy Clerk) (Entered: 05/10/2002) |
| 05/13/2002 | 65 | ORDER RESETTING SENTENCING as to Emilio A. Perez, EMI-SAR Trucking Resetting Sentencing for 10:00 a.m. on 5/31/02 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp Defense Counsel Dean Wilbur is fined $500.00 payable to U.S. Courts, for the filing of untimely objections and requesting the Court to continue the sentencing hearing. (Signed by Judge Kenneth L. Ryskamp on 5/13/02) [EOD Date: 5/14/02] CCAP (at, Deputy Clerk) (Entered: 05/14/2002) |
| 05/16/2002 | 66 | RESPONSE by USA as to Emilio A. Perez, EMI-SAR Trucking re [63-1] motion for new trial newly discovered evidence (at, Deputy Clerk) (Entered: 05/17/2002) |
| 06/12/2002 | 74 | NOTICE of Appearance for Emilio A. Perez, EMI-SAR Trucking by Attorney Anthony John Natale (at, Deputy Clerk) (Entered: 06/13/2002) |
| 06/18/2002 | 76 | NOTICE OF HEARING as to Emilio A. Perez, EMI-SAR Trucking : setting Sentencing for 2:00 p.m. on 9/13/02 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (at, Deputy Clerk) (Entered: 06/18/2002) |
| 06/19/2002 | 77 | MOTION by USA as to Emilio A. Perez, EMI-SAR Trucking for Garcia Hearing (at, Deputy Clerk) (Entered: 06/19/2002) |
| 06/19/2002 | 78 | MOTION by USA as to Emilio A. Perez, EMI-SAR Trucking for upward departure (at, Deputy Clerk) (Entered: 06/19/2002) |
| 07/01/2002 | 79 | ORDER GRANTING GOVERNMENT'S MOTION FOR A GARCIA HEARING as to Emilio A. Perez, EMI-SAR Trucking granting [77-1] motion for Garcia Hearing as to Emilio A. Perez (1), EMI-SAR Trucking (2) This matter is set for hearing at 11:00 a.m. on 7/19/02 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (Signed by Judge Kenneth L. Ryskamp on 7/1/02) [EOD Date: 7/1/02] CCAP (at, Deputy Clerk) (Entered: 07/01/2002) |
| 07/19/2002 | Garcia hearing as to Emilio A. Perez, EMI-SAR Trucking held before Judge Kenneth L. Ryskamp (at, Deputy Clerk) (Entered: 07/22/2002) | |
| 10/07/2002 | 87 | TRANSCRIPT filed of Sentencing Proceedings held 9/13/02 before Judge Kenneth L. Ryskamp Volume #: 1 Pages: 1-77 (Former Deputy Clerk) (Entered: 10/07/2002) |
| 11/06/2002 | 88 | NOTICE OF HEARING as to Emilio A. Perez, EMI-SAR Trucking : setting Sentencing for 2:00 PM On 11/22/02 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (at, Deputy Clerk) (Entered: 11/07/2002) |
| 11/22/2002 | Sentencing held before Judge Kenneth L. Ryskamp EMI-SAR Trucking (2) count(s) 1-2, 3 (at, Deputy Clerk) (Entered: 12/02/2002) | |
| 11/26/2002 | 91 | Minutes of Sentencing held on 11/22/02 before Judge Kenneth L. Ryskamp as to EMI-SAR Trucking; Probation 5 yrs, Assessment $1,200.00 Fine $25,000 Restitution $9,100 Court Reporter Name or Tape #: Stephen Franklin (at, Deputy Clerk) (Entered: 11/26/2002) |
| 12/02/2002 | 92 | JUDGMENT as to EMI-SAR Trucking (2) count(s) 1-2, 3 . PROBATION: FIVE (5) YEARS as to Counts One, Two and Three to run concurrently with each other. [See Special Conditions of Supervision]. ASSESSMENT: $1,200.00 FINE: $25,000.00 RESTITUTION: $9,100.00 (Signed by Judge Kenneth L. Ryskamp on 12/02/02) [EOD Date: 12/2/02] CCAP (at, Deputy Clerk) (Entered: 12/02/2002) |
| 12/02/2002 | 94 | ORDER GRANTING MOTION TO WITHDRAW AND ORDER OF REFERENCE TO MAGISTRATE JUDGE as to Emilio A. Perez, EMI-SAR Trucking [89-2] motion for appointment of counsel for purposes of appeal referred to Ch. Magistrate Judge Linnea R. Johnson as to Emilio A. Perez (1) (Signed by Judge Kenneth L. Ryskamp on 12/02/02) [EOD Date: 12/3/02] CCAP (at, Deputy Clerk) (Entered: 12/03/2002) |
| 12/05/2002 | 97 | Judgment Returned Executed as to EMI-SAR Trucking on at "No Further Action Required by USMS" (at, Deputy Clerk) (Entered: 12/05/2002) |
| 12/09/2002 | 99 | NOTICE of Hearing as to Emilio A. Perez, EMI-SAR Trucking : setting Report re counsel for 9:30 12/13/02 for Emilio A. Perez, for EMI-SAR Trucking before Ch. Magistrate Judge Linnea R. Johnson (Former Deputy Clerk) (Entered: 12/10/2002) |
| 01/17/2003 | 115 | Acknowledgement of Transcript Information Form re: [95-1] appeal by Emilio A. Perez Transcript of: Sentencing held 5/10/02Transcript due on: 2/18/03 for Emilio A. Perez ; Court Reporter name: Patricia Sanders (Former Deputy Clerk) (Entered: 01/22/2003) |
| 04/17/2003 | 134 | MOTION by Emilio A. Perez, EMI-SAR Trucking for Anthony J. Natale to withdraw as attorney (at, Deputy Clerk) (Entered: 04/17/2003) |
| 04/17/2003 | 135 | NUNC PRO TUNC ORDER GRANTING MOTION TO WITHDRAW as to EMI-SAR Trucking granting [134-1] motion for Anthony J. Natale to withdraw as attorney (Terminated: attorney Anthony John Natale for EMI-SAR Trucking as to EMI-SAR Trucking (2) (Signed by Judge Kenneth L. Ryskamp on 4/17/03) [EOD Date: 4/18/03] CCAP (at, Deputy Clerk) (Entered: 04/18/2003) |
| 05/08/2003 | 138 | NOTICE of Hearing as to Emilio A. Perez, EMI-SAR Trucking: reset status conference for fine/restitution for 9:00 7/18/03 for Emilio A. Perez, for EMI-SAR Trucking before Judge Kenneth L. Ryskamp (Former Deputy Clerk) (Entered: 05/09/2003) |
| 05/08/2003 | 139 | Minutes of Status on Restitution held on 5/8/03 before Judge Kenneth L. Ryskamp as to Emilio A. Perez, EMI-SAR Trucking; Court defers ruling until 7/18/03. Court Reporter Name: Elaine Dahan, Official Court Reporting (Former Deputy Clerk) (Entered: 05/09/2003) |
| 06/24/2003 | 142 | ORDER GRANTING REQUEST FOR CONTINUANCE as to Emilio A. Perez, EMI-SAR Trucking Reset status conference for 9:00 a.m. on 9/19/03 for Emilio A. Perez, for Trucking before Judge Kenneth L. Ryskamp (Signed by Judge Kenneth L. Ryskamp on 6/24/03) [EOD Date: 6/24/03] CCAP (ir, Deputy Clerk) (Entered: 06/24/2003) |
| 07/07/2003 | Transmitted record on appeal to U.S. Court of Appeals : [95-1] appeal consisting of Two (2) volumes of pleadings, Eighteen (18) volumes of transcripts and One (1) PSI. USCA# 02-16627-BB (Former Deputy Clerk) (Entered: 07/07/2003) | |
| 07/15/2003 | ACKNOWLEDGMENT of receipt by U.S.C.A. of: COR on 7/9/03; U.S.C.A. # 02-16627-BB (Former Deputy Clerk) (Entered: 07/15/2003) | |
| 07/15/2003 | ACKNOWLEDGMENT of receipt by U.S.C.A. of: ROA on 7/9/03; U.S.C.A. # 02-16627-BB (Former Deputy Clerk) (Entered: 07/15/2003) | |
| 09/03/2003 | 150 | ORDER OF REFERENCE referring Motion(s) to Magistrate Judge Linnea R. Johnson as to Emilio A. Perez, EMI-SAR Trucking : [149-1] motion to continue fine and restitution hearing as to Emilio A. Perez (1) (Signed by Judge Kenneth L. Ryskamp on 9/3/03) [EOD Date: 9/4/03] CCAP (at, Deputy Clerk) (Entered: 09/04/2003) |
| 09/24/2003 | 152 | NOTICE of Filing Documents In Support as To Fine and Restitution Hearing by Emilio A. Perez, EMI-SAR Trucking (at, Deputy Clerk) (Entered: 09/25/2003) |
| 09/26/2003 | 153 | Minutes of Motion To Continue Fine and Restitution Hearing held on 9/26/03 before Magistrate Judge Linnea R. Johnson as to Emilio A. Perez, EMI-SAR Trucking; Evidentiary hearing is held. Defense copy to provide Court with copy of Transcript. Raquel Cruz sworn; Sarah Perez sworn. Judith Guthrie USPO Sworn. Court finds deft Emisar had ability to pay fine and restitution in november and December of 2002. Court will recommend that the US District Court convene contempt proceedings for non payment of restitution against deft Emilio Perez. Government to provide proposed order. Court Reporter Name or Tape #: LRJ 03-69-691/70-1 (at, Deputy Clerk) (Entered: 09/29/2003) |
| 10/03/2003 | 154 | TRANSCRIPT filed as to Emilio A. Perez, EMI-SAR Trucking of Motion to Continue Fine and Restitution Hearing held 9/26/03 before Judge Linnea R. Johnson Volume #: 1 Pages: 1-74 re: [95-1] appeal. (Former Deputy Clerk) (Entered: 10/03/2003) |
| 10/14/2003 | 155 | REPORT AND RECOMMENDATIONS of Magistrate Judge Linnea R. Johnson as to Emilio A. Perez, EMI-SAR Trucking recommending that the United States District Court affirm that Emir Sar had the ability to pay in full the fine and restitution at the time of sentencing on 11/12/02. The United States District Court convene contempt proceedings against Emilio Perez in his capacity as President and corporate officer of Emi-Sar for the non-payment of the corporate fine and restitution. Motion no longer referred. Signed on: 10/12/03 Objections to R and R due by 10/24/03 CCAP (at, Deputy Clerk) (Entered: 10/15/2003) |
| 10/28/2003 | 157 | ORDER TO SHOW CAUSE AND NOTICE OF HEARING as to Emilio A. Perez, EMI-SAR Trucking re: Defendant shall show cause as to why he should not be held in contempt for his failure to pay the court imposed corporate fine and restitution in his capacity as President and corporate officer. Hearing set for 8:30 a.m. on 12/4/03 for Emilio A. Perez, for EMI-SAR Trucking. Perez shall have ten days from the date of this Order to show cause. (signed by Judge Kenneth L. Ryskamp on 10/28/03) CCAP (at, Deputy Clerk) (Entered: 10/30/2003) |
| 11/05/2003 | 158 | RESPONSE to Order to Show Cause by Emilio A. Perez, EMI-SAR Trucking re: [157-1] order (at, Deputy Clerk) (Entered: 11/06/2003) |
| 12/04/2003 | 159 | Minutes of Contempt Hearing held on 12/4/03 before Judge Kenneth L. Ryskamp as to Emilio A. Perez, EMI-SAR Trucking; parties argued whether Perez should be sanctioned for EMI-SAR 's failure to pay fine and restitution. Judge imposed a 6 month sentence (consecutively) as a criminal contempt sanction and gave Perez the opportunity to purge himself of the sanctions if EMI-SAR pays the Fine and Restitution within 60 days. Court Reporter Name or Tape #: Stephen Franklin (at, Deputy Clerk) (Entered: 12/05/2003) |
| 12/04/2003 | Show Cause Contempt Hearing as to Emilio A. Perez, EMI-SAR Trucking held before Judge Kenneth L. Ryskamp (at, Deputy Clerk) (Entered: 12/05/2003) | |
| 12/04/2003 | 160 | ORDER OF CRIMINAL CONTEMPT as to Emilio A. Perez, EMI-SAR Trucking. Defendant Emilio Perez is, in his capacity as President of Emi-Sar, held in criminal contempt for Emi-Sars' failure to pay the fine and restitution. As a contempt sanction, Perez shall be incarcerated for an additional six months, this time to run consecutively with his current sentence. Perez shall have the opportunity to purge himself of this sanction by paying in full both the fine and restitution within sixty (60) days of the date of this Order. (Signed by Judge Kenneth L. Ryskamp on 12/4/03) [EOD Date: 12/5/03] CCAP (at, Deputy Clerk) (Entered: 12/05/2003) |
| 12/29/2003 | NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 12/15/03 Re: [161-1] appeal USCA Number: 03-16361-B (Former Deputy Clerk) (Entered: 12/31/2003) | |
| 05/05/2004 | REQUEST from U.S.C.A. dated: 04/26/04 Re: COR/ROA consistiing of one volume of pleading and two volumes of transcripts and one psi Complied with on: 05/05/04 U.S.C.A. # 03-16361-BB (dj, Deputy Clerk) (Entered: 05/05/2004) | |
| 05/17/2004 | ACKNOWLEDGMENT of receipt by U.S.C.A. of: ROA & COR on 5/7/04; U.S.C.A. # 03-16361-BB (Former Deputy Clerk) (Entered: 05/17/2004) | |
| 05/21/2004 | Record on appeal returned from U.S. Court of Appeals: [95-1] appeal by Emilio A. Perez USCA #: 02-16627-BB (Former Deputy Clerk) (Entered: 05/21/2004) | |
| 09/17/2004 | Record on appeal returned from U.S. Court of Appeals: [161-1] appeal by Emilio A. Perez consisting of Three (3) volumes of pleadings and One (1) PSI. USCA #: 03-16361-BB (Former Deputy Clerk) (Entered: 09/20/2004) |