U.S. District Court
District Of Montana (Missoula)
CRIMINAL DOCKET FOR CASE #: 9:06-cr-00067-DWM All Defendants


Case title: USA v. Garlick et al

Date Filed: 11/01/2006
Date Terminated: 11/16/2007

Assigned to: Judge Donald W. Molloy

Defendant (1)
Ronald Dean Garlick
TERMINATED: 11/16/2007
represented byMilton Datsopoulos
DATSOPOULOS MacDONALD & LIND
201 W Main
Central Square Building
Suite 201
Missoula, MT 59802
406-728-0810
Fax: 543-0134
Email: mdatsopoulos@dmllaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Terance P Perry
DATSOPOULOS MacDONALD & LIND
201 W Main
Central Square Building
Suite 201
Missoula, MT 59802
406-728-0810
Fax: 543-0134
Email: tperry@dmllaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Phil McCreedy
DATSOPOULOS MacDONALD & LIND
Central Square Building
Suite 201
Missoula, MT 59802
406-728-0810
Fax: 543-0134
Email: pmccreedy@dmllaw.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
FRAUD INVOLVING AIRCRAFT PARTS
(3)
Probation term of 5 years; home confinement 6 months electronic monitoring; pay all/part as determined by USPO: no federal, state, local offenses; no firearms, dangerous devices, controlled substances, ammuntion; standard conditions; suspended from drug testing; search; mental health program; pay all/part as determined by USPO: refrain working motocraft in Hamilton; notify USPO of any change in medical condition; provide USPO w/financial information upon request; no new lines of credit w/o prior approval from USPO; no alcohol/bars; supersedes standard condition 7; s/a; not possess police radio scanning device computer software access to police activity; notify USPO of any economic change relevant to fine pmt; pmt $1,000.00 per month; fine 10,000.00; s/a 100.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FRAUD INVOLVING AIRCRAFT PARTS
(1)
Dismissed upon motion of government.
FALSE STATEMENTS
(2)
Dismissed upon motion of government.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Donald W. Molloy

Defendant (2)
Garlick Helicopters, Inc.
TERMINATED: 11/16/2007
represented byMilton Datsopoulos
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Terance P Perry
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Phil McCreedy
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
FRAUD INVOLVING AIRCRAFT PARTS
(3)
fine $12,000.00; notify court of any material change in economic status to pay fine; s/a 400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FRAUD INVOLVING AIRCRAFT PARTS
(1)
Dismissed upon motion of government.
FALSE STATEMENTS
(2)
Dismissed upon motion of government.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Donald W. Molloy

Defendant (3)
Double "R" Flying Service, Inc.
TERMINATED: 11/16/2007
represented byMilton Datsopoulos
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Terance P Perry
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Phil McCreedy
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
FRAUD INVOLVING AIRCRAFT PARTS
(1)
Dismissed upon motion of government.
FALSE STATEMENTS
(2)
Dismissed upon motion of government.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byTimothy J. Racicot
OFFICE OF THE U.S. ATTORNEY
PO Box 8329
Missoula, MT 59807
406-542-8851
Fax: 542-1476
Email: tim.racicot2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/01/2006INDICTMENT as to Ronald Dean Garlick (1) count(s) 1, 2, 3, Garlick Helicopters, Inc. (2) count(s) 1, 2, 3, Double "R" Flying Service, Inc. (3) count(s) 1, 2. (BAW, ) (Entered: 11/03/2006)
11/02/2006  Summons Issued in case as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. Arraignment set for 11/28/2006 01:30 PM in Missoula, MT before Jeremiah C. Lynch. (BAW, ) (Entered: 11/03/2006)
11/13/2006NOTICE OF CONVENTIONAL FILING of Notice of appearance by Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. (BAW, ) (Entered: 11/15/2006)
11/13/2006NOTICE OF ATTORNEY APPEARANCE: Milton Datsopoulos appearing for Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. (BAW, ) (Entered: 11/15/2006)
11/14/2006Summons Returned Executed on 11/9/06. as to Garlick Helicopters, Inc. (BAW, ) (Entered: 11/15/2006)
11/27/2006Summons Returned Executed on 11/22/06 as to Double "R" Flying Service, Inc. (BAW, ) (Entered: 11/28/2006)
11/27/2006Summons Returned Executed on 11/22/06 as to Ronald Dean Garlick. (BAW, ) (Entered: 11/28/2006)
11/28/2006Minute Entry for proceedings held before Judge Jeremiah C. Lynch :Arraignment as to Ronald Dean Garlick (1) Count 1,2,3 and Garlick Helicopters, Inc. (2) Count 1,2,3 and Double "R" Flying Service, Inc. (3) Count 1,2 held on 11/28/2006; Appearances by Milt Datsopoulos (retained) for Defendants; Tim Racicot for USA; Court advises Defendants of rights; Defendants wavie formal reading of Indictment; Not Guily Pleas entered on all counts; PPTC set for 12-12-06 @ 9:15 am; PTS recommends release on conditions; Order Setting Conditions of Release read to Defendants by Court and signed by parties; Defendants released. (Court Reporter FTR Gold.) (CDH, ) (Entered: 11/29/2006)
11/28/2006ORDER Setting Conditions of Release . Signed by Judge Jeremiah C. Lynch on 11/28/2006. (CDH, ) (Entered: 11/29/2006)
12/01/2006ORDER as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. Pretrial Conference set for 12/12/2006 09:15 AM in Missoula, MT before Judge Donald W. Molloy.. Signed by Judge Jeremiah C. Lynch on 12/1/2006. (CDH, ) (Entered: 12/01/2006)
12/01/200610 NOTICE Pursuant to Fed. R. Evid. 404(b) by USA as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. (Racicot, Timothy) (Entered: 12/01/2006)
12/12/200611 SCHEDULING ORDER as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.: Discovery due by 12/21/2006. Motions due by 1/5/2007. Plea Agreement due by 1/25/2007. Jury Selection set for 2/5/2007 08:45 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy.Signed by Judge Donald W. Molloy on 12/12/2006. (SLP) (Entered: 12/12/2006)
12/18/200612  MOTION to Continue Trial Dates by Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.. (Attachments: # 1)(Datsopoulos, Milton) Modified on 12/19/2006 to reflect that "attachment" event type used was not correct and should have been filed separately as a "memorandum in support" event (BAW, ). (Entered: 12/18/2006)
12/18/200613 Certificate of Service by Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. re 12 MOTION to Continue Trial Dates and Brief in Support of Motion to Continue Trial Dates (Datsopoulos, Milton) (Entered: 12/18/2006)
12/18/200614 WAIVER of Speedy Trial by Ronald Dean Garlick. (Datsopoulos, Milton) (Entered: 12/18/2006)
12/18/200615 WAIVER of Speedy Trial by Garlick Helicopters, Inc.. (Datsopoulos, Milton) (Entered: 12/18/2006)
12/18/200616 WAIVER of Speedy Trial by Double "R" Flying Service, Inc.. (Datsopoulos, Milton) (Entered: 12/18/2006)
12/19/2006  Remark called counsel Datsopoulos to file memorandum in support of motion to continue as a separate document. (BAW, ) (Entered: 12/19/2006)
12/19/200617 BRIEF/MEMORANDUM in Support by Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. re 12 MOTION to Continue Trial Dates (Datsopoulos, Milton) (Entered: 12/19/2006)
12/21/200618 ORDER granting 12 Motion to Continue jury trial the jury trial set for 2/5/07 is VACATED and reset for 4/30/07 @ 8:45 am in Missoula as to Ronald Dean Garlick (1), Garlick Helicopters, Inc. (2), Double "R" Flying Service, Inc. (3). Signed by Judge Donald W. Molloy on 12/20/2006. (CLP, ) Modified on 12/21/2006 to add new jury trial date (CLP, ). (Entered: 12/21/2006)
12/21/2006  Set/Reset Deadlines/Hearings as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.: Discovery due by 1/31/2007. Plea Agreement due by 4/19/2007. Jury Trial RESET for 4/30/2007 08:45 AM in Missoula, MT before Judge Donald W. Molloy. (CLP, ) (Entered: 12/21/2006)
12/21/2006  Set/Reset Deadlines as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.: Motions due by 2/26/2007. (CLP, ) (Entered: 12/21/2006)
02/26/200719  MOTION in Limine by Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.. (Attachments: # 1)(Datsopoulos, Milton) (Entered: 02/26/2007)
03/08/200720 RESPONSE in Opposition by USA as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. re 19 MOTION in Limine (Attachments: # 1 Exhibit A# 2 Exhibit B)(Racicot, Timothy) (Entered: 03/08/2007)
03/19/200721 REPLY TO RESPONSE to Motion by Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. re 19 MOTION in Limine (Datsopoulos, Milton) (Entered: 03/19/2007)
03/19/2007  Terminate past motions/discovery Deadlines as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.: (BAW, ) (Entered: 03/19/2007)
03/20/200722 TEXT ORDER denying 19 Motion in Limine regarding 404(b)evidence as to Ronald Dean Garlick (1),Garlick Helicopters, Inc.(2),Double "R" Flying Service, Inc. (3). The defendant's motions in limine to exclude evidence of defendant Garlick's 1998 convictions for wire fraud pursuant to rules 404(b) and 403 F.R.Evid. are not well taken. Under rule 404(b), although evidence of a prior crime is not admissible as to character, it may be admissible for other purposes such as showing knowledge. Prior crimes evidence is admissible if (1) it tends to prove a material issue in the case; (2) is similar to the offense charged; (3) is proved by sufficient evidence; and (4) is not too remote in time. While defendants contend the prior convictions for wire fraud that involved helicopter parts are not material, the issue of knowledge makes it so. The prior convictions meet the first prong of the test because they may tend to prove the defendants' knoweldge. While the defendants argue the convictions are too remote because the earlier crime took place in 1993, the legal position does not comport with 9th Circuit case law. The 9th Circuit allowed prior crimes proof similar in age to the crimes involved here and in doing so found the evidence was not remote. See e.g. U.S. v Spillone 879 F.2d 514, 519 (9th Cir. 1989). I have also considered the prejudice argument and while I agree there is some prejudice involved, that fact does not outweigh the probative value of the evidence. In my view any prejudice that may stem from the prior crimes evidence can be placed in context by using a limiting instruction to inform the jury of the purposes for which they may consider the evidence. See, United States v Ayers 924 F.2d 1468,1474 (1991).THEREFORE, IT IS ORDERED that the motions in limine are DENIED.. Signed by Judge Donald W. Molloy on 3/20/2007. (Molloy, Donald) (Entered: 03/20/2007)
03/23/200723 NOTICE OF ATTORNEY APPEARANCE: Terance P Perry appearing for Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc. (Perry, Terance) (Entered: 03/23/2007)
04/19/200724 PLEA AGREEMENT as to Garlick Helicopters, Inc. (CAD, ) (Entered: 04/20/2007)
04/19/200725 PLEA AGREEMENT as to Ronald Dean Garlick (Attachments: # 1 Notice of Conventional Filing of 2 Plea Agreements Ronald Garlick and Garlick Hellicopters)(CAD, ) (Entered: 04/20/2007)
04/20/200726 Order Setting change of plea hearing as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.: Change of Plea Hearing set for 5/3/2007 10:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy.Signed by Judge Donald W. Molloy on 4/20/2007. (slp) (Entered: 04/20/2007)
05/02/200727 OFFER OF PROOF as to Ronald Dean Garlick, Garlick Helicopters, Inc. (Racicot, Timothy) (Entered: 05/02/2007)
05/03/200728 Order Setting Sentencing as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.: Sentencing set for 10/5/2007 09:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy.Signed by Judge Donald W. Molloy on 5/3/2007. (slp) (Entered: 05/03/2007)
05/03/200729 Minute Entry for proceedings held before Judge Donald W. Molloy :Change of Plea Hearing as to Ronald Dean Garlick, Garlick Helicopters, Inc., held on 5/3/2007, Defendant and wife, Joyce Mildred Garlick, who represented Garlick Helicopters, present with counsel Milt Datsopoulos, Tim Racicot for USA; both defendants sworn, corporate resolution to be filed by counsel, Joyce Garlick has authorization to enter plea on behalf of corporation, Plea entered by Ronald Dean Garlick (1) Guilty to Count 3 and Garlick Helicopters, Inc. (2) Guilty to Count 3, sentencing set for 10/5/07 at 9am, right to appeal, defendants released with additional condition: submit to searches. (Court Reporter DBH.) (BAW, ) (Entered: 05/03/2007)
08/28/200730  MOTION to Continue to Modify Schedule by Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(McCreedy, Phil) (Entered: 08/28/2007)
08/28/200731 ORDER granting 30 Motion to Continue Sentencing as to Ronald Dean Garlick (1), Garlick Helicopters, Inc. (2), Double "R" Flying Service, Inc. (3). Signed by Judge Donald W. Molloy on 8/28/2007. (slp) (Entered: 08/28/2007)
08/28/2007  Set/Reset Hearings as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.; Terminate Deadlines and Hearings as to Ronald Dean Garlick, Garlick Helicopters, Inc., Double "R" Flying Service, Inc.; Sentencing reset for 11/16/2007 09:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. (slp) (Entered: 08/28/2007)
11/06/200732 SENTENCING MEMORANDUM by Ronald Dean Garlick (Datsopoulos, Milton) (Entered: 11/06/2007)
11/06/200733 SENTENCING MEMORANDUM by Garlick Helicopters, Inc. (Datsopoulos, Milton) (Entered: 11/06/2007)
11/07/2007  NOTICE REGARDING ELECTRONIC DATE: in case as to Ronald Dean Garlick. re 32 Sentencing Memorandum. The signature on this document does not comply with L.R. 11.1 (b) and section I(i) of the ECF Administrative Procedures Manual, or the document is not dated. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (baw) (Entered: 11/07/2007)
11/16/200734 Minute Entry Sentencing for Ron Garlick, Garlick Helicoptors; for proceedings held before Judge Donald W. Molloy :Sentencing held on 11/16/2007 for Ronald Dean Garlick; dft present o/r w/counsel Milton Datsopoulos; Joyce Garlick present o/r w/counsel Milton Datsopoulos; AUSA Josh Van de Wetering; Dr. Moreland s/t for plaintiff, direct by Milt; Joyce Garlick s/t for plaintiff-direct by Milt; Datsopoulos allocution; Garlick speaks; AUSA Josh Van de Wetering; (1), Count(s) 1, 2, Dismissed upon motion of government.; Count(s) 3, Probation term of 5 years; home confinement 6 months electronic monitoring; pay all/part as determined by USPO: no federal, state, local offenses; no firearms, dangerous devices, controlled substances, ammuntion; standard conditions; suspended from drug testing; search; mental health program; pay all/part as determined by USPO: refrain working motocraft in Hamilton; notify USPO of any change in medical condition; provide USPO w/financial information upon request; no new lines of credit w/o prior approval from USPO; no alcohol/bars; supersedes standard condition 7; s/a; not possess police radio scanning device computer software access to police activity; notify USPO of any economic change relevant to fine pmt; pmt $1,000.00 per month; fine 10,000.00; s/a 100.00; Garlick Helicopters, Inc. (2), Count(s) 1, 2, Dismissed upon motion of government.; Count(s) 3, fine $12,000.00; notify court of any material change in economic status to pay fine; s/a 400.00; Double "R" Flying Service, Inc. (3), Count(s) 1, Dismissed upon motion of government.; Count(s) 2, Dismissed upon motion of government. Court advised plaintiffs of right to appeal. (Court Reporter DBH.) (mcn) (Entered: 11/16/2007)
11/16/200735 JUDGMENT as to Ronald Dean Garlick (1), Count(s) 1, 2, Dismissed upon motion of government; Count(s) 3, Probation term of 5 years; home confinement 6 months electronic monitoring; pay all/part as determined by USPO: no federal, state, local offenses; no firearms, dangerous devices, controlled substances, ammuntion; standard conditions; suspended from drug testing; search; mental health program; pay all/part as determined by USPO: refrain from working with Rotorcraft Service Center in Hamilton; notify USPO of any change in medical condition; provide USPO w/financial information upon request; no new lines of credit w/o prior approval from USPO; no alcohol/bars; supersedes standard condition 7; special assessment; not possess police radio scanning device computer software access to police activity; notify USPO of any economic change relevant to fine pmt; pmt $1,000.00 per month; fine 10,000.00; s/a 100.00; within 15 days, notify FAA of his medical condition.. Signed by Judge Donald W. Molloy on 11/16/2007. (baw) (Entered: 11/16/2007)
11/16/200736 JUDGMENT as to Garlick Helicopters, Inc. (2), Count(s) 1, 2, Dismissed upon motion of government; Count(s) 3 - fine of $12,000.00 to be paid within 30 days; notify court of any material change in economic status to pay fine; special assessment of $400.00. Signed by Judge Donald W. Molloy on 11/16/2007. (baw) (Entered: 11/19/2007)
12/20/200737 Satisfaction of Judgment filed by USA as to Garlick Helicopters, Inc. (Francis, Victoria) (Entered: 12/20/2007)
03/03/200838 Satisfaction of Judgment filed by USA as to Ronald Dean Garlick (Francis, Victoria) (Entered: 03/03/2008)