CLOSED_2009

U.S. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-00309-RJA-1


Case title: USA v. Graham's Suburban Jewelry, Inc.

Date Filed: 09/20/2006
Date Terminated: 05/13/2009

Assigned to: Hon. Richard J. Arcara

Defendant (1)
Graham's Suburban Jewelry, Inc.
TERMINATED: 05/13/2009
represented byJohn J. Molloy
4268 Seneca Street
West Seneca, NY 14224
(716) 675-5050
Fax: 716-675-4695
Email: jmolloy@johnmolloylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:924(a)(1)(A) and 2 PENALTIES FOR FIREARMS
(2)
Deft is ordered to pay a fine of $5,000.00 which is due immediately. Deft is also ordered to pay a $400.00 mandatory assessment fee, due immediately. The Court grants the Govt's motion to dismiss Counts 1, and 3 - 19 of the Indictment as to this Deft.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:924(a)(1)(A) and 2 PENALTIES FOR FIREARMS
(3-10)
18:922(d),SELL FIREARMS TO ADDICTS, FELONS, FUGITIVES, 924(a)(2) and 2.
(11-19)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJoel L. Violanti
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5854
Fax: 716-551-3052
Email: joel.l.violanti@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/20/2006INDICTMENT as to Graham's Suburban Jewelry, Inc. (1) count(s) 1, 2-10, 11-19. (DLC) (Entered: 09/21/2006)
03/26/2008Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:Arraignment as to Graham's Suburban Jewelry, Inc. (1) Count 1,2-10,11-19 held on 3/26/2008. Scheduling Order entered. Time Excluded as to Graham's Suburban Jewelry, Inc. from: 3/26/08 TO 5/2/08. (Court Reporter FTR GOLD.)(LMP) (Entered: 04/08/2008)
03/26/2008Minutes of Special Meeting of Directors with Consent and Waiver as to Graham Suburban Jewelry, Inc. (LMP) (Entered: 04/17/2008)
03/26/2008  Attorney update in case as to Graham's Suburban Jewelry, Inc.. Attorney John J. Molloy for Graham's Suburban Jewelry, Inc. added. (LMP) (Entered: 04/17/2008)
04/07/2008ORDER TO CONTINUE - Ends of Justice as to Graham's Suburban Jewelry, Inc. Time excluded from 3/26/2008 until 5/2/2008. Signed by Hon. H. Kenneth Schroeder, Jr on 4/2/2008. (DLC) (Entered: 04/10/2008)
04/10/2008SCHEDULING ORDER as to Graham's Suburban Jewelry, Inc. Discovery completed by 4/11/2008. Motions due by 5/2/2008. Responses due by 5/16/2008. Oral Argument set for 5/29/2008 11:00 AM before Hon. H. Kenneth Schroeder Jr. Time excluded from 3/26/08 to 5/2/08. Signed by Hon. H. Kenneth Schroeder, Jr on 4/10/08.(LMP) (Entered: 04/10/2008)
05/07/2008  NOTICE OF MEETING TO SET TRIAL DATE as to defendant, Graham's Suburban Jewelry, Inc. A Meeting to Set a Trial Date is scheduled for 5/9/2008 at 09:00 AM before Hon. Richard J. Arcara.(DJD) (Entered: 05/07/2008)
05/09/2008  Minute Entry for proceedings held 5/9/2008 before Hon. Richard J. Arcara as to Deft, Graham's Suburban Jewelry, Inc. Meeting to Set Trial Date is held. The parties are involved in plea negotiations. Plea proceeding is scheduled for 7/17/2008 at 09:00 AM. Time is excluded; Govt to submit Speedy Trial Order. Appearances: Govt - Joel Violanti; Deft - John Molloy. (Court Reporter Yvonne Garrison.)(DJD) (Entered: 06/12/2008)
07/24/2008  Minute Entry for proceedings held 7/24/2008 before Hon. Richard J. Arcara as to Deft, Graham's Suburban Jewelry, Inc. Status Conference is held. A plea agreement has been tendered to the Deft along with discovery documents. Plea proceeding is scheduled for 8/28/2008 at 10:00 AM. Time is excluded; Govt to submit Speedy Trial Order. Appearances: Govt - Joel Violanti; Deft - John Molloy.(Court Reporter Yvonne Garrison.)(DJD) (Entered: 08/14/2008)
07/28/2008ORDER TO CONTINUE - Ends of Justice as to Graham's Suburban Jewelry, Inc. Time excluded from 7/23/2008 until 8/28/2008., (Plea Agreement Hearing set for 8/28/2008 10:00 AM before Hon. Richard J. Arcara.) Signed by Hon. Richard J. Arcara on 7/25/2008. (DLC) (Entered: 07/28/2008)
08/28/2008  Minute Entry for proceedings held 8/28/2008 before Hon. Richard J. Arcara as to Deft, Graham's Suburban Jewelry, Inc. Change of plea proceeding previously scheduled for 8/28/2008 is not held. Deft has an issue with the plea agreement with respect to the fine range. Defense counsel is seeking a meeting with the U.S. Attorney. Plea proceeding is scheduled for 10/30/2008 at 09:00 AM. Time is excluded; Govt to submit Speedy Trial Order. Appearances: Govt - Joel Violanti; Deft - John Molloy. (Court Reporter Yvonne Garrison.)(DJD) (Entered: 09/15/2008)
09/02/2008ORDER TO CONTINUE - Ends of Justice as to Graham's Suburban Jewelry, Inc. Time excluded from 8/28/2008 until 10/30/2008, (Plea Agreement Hearing set for 10/30/2008 10:00 AM before Hon. Richard J. Arcara.) (DLC) (Entered: 09/03/2008)
10/30/2008  Minute Entry for proceedings held 10/30/2008 before Hon. Richard J. Arcara as to Deft, Graham's Suburban Jewelry, Inc. Change of Plea proceeding previously scheduled for 10/30/2008 is not held. Deft will proceed to trial. Final Pretrial Conference is scheduled for 12/30/2008 at 02:00 PM. Jury Selection is scheduled for 1/6/2009 at 09:30 AM (trial proof to commence on 1/7/2009). Time is excluded to 12/1/2008; Govt to submit Speedy Trial Order. Appearances: Govt - Joel Violanti; Deft - John Molloy (Electronic Court Recorder, Elizabeth Knipe.)(DJD) (Entered: 11/14/2008)
10/31/2008ORDER TO CONTINUE - Ends of Justice as to Graham's Suburban Jewelry, Inc. Time excluded from 10/30/2008 until 11/30/2008. (Jury Selection set for 1/6/2009 09:30AM before Hon. Richard J. Arcara.) Signed by Hon. Richard J. Arcara on 10/30/2008. (DLC) (Entered: 11/04/2008)
12/23/2008  Minute Entry for proceedings held 12/23/2008 before Hon. Richard J. Arcara as to Deft, Graham's Suburban Jewelry, Inc. Seth Graham, corporate officer for Graham's Suburban Jewelry appears for the corporation. Change of Plea proceeding commences. Deft has issue with the plea agreement. Plea is continued to 1/5/2009 if Deft intends to agree to plea; Jury Selection is scheduled for 1/6/2009 at 09:30 AM if Deft intends to proceed to trial. Appearances: Govt - Joel Violanti; Deft - John Molloy. (Electronic Court Recorder, Elizabeth Knipe.)(DJD) (Entered: 01/21/2009)
12/30/2008ORDER as to Graham's Suburban Jewelry, Inc. Pretrial submissions due by 12/30/2008., Pretrial Conference set for 1/5/2009 02:00 PM before Hon. Richard J. Arcara., Jury Selection set for 1/6/2009 09:30AM before Hon. Richard J. Arcara.). Signed by Hon. Richard J. Arcara on 12/30/2008.(JMB) (Entered: 12/30/2008)
01/05/200910 PLEA AGREEMENT as to Graham's Suburban Jewelry, Inc. (LMP) (Entered: 01/06/2009)
01/05/2009  Minute Entry for proceedings held 1/5/2009 before Hon. Richard J. Arcara as to Graham's Suburban Jewelry, Inc. (1). Change of Plea proceeding continues from 12/23/2008. Seth Graham, corporate officer for Graham's Suburban Jewelry appears for the corporation. Deft pleads guilty to Count 2 of the Indictment. The following schedule is set forth for the submission of sentencing papers: initial Presentence Investigation Report due by 3/2/2009; Statement with Respect to Sentencing Factors, objections and/or motions, due by 3/25/2009; responses to objections and/or motions due by 4/1/2009; motions to adjourn sentencing due by 4/6/2009; final Presentence Investigation Report due by 4/8/2009; character letters and/or sentencing memorandum in support of the defendant due by 4/8/2009. Sentencing is scheduled for 4/15/2009 at 01:00 PM. Appearances: Govt - Joel Violanti; Deft - John Molloy; USPO - No appearance. (Electronic Court Recorder, Elizabeth Knipe) (DJD) (Entered: 01/21/2009)
01/05/200911 TEXT ORDER as to defendant, Graham's Suburban Jewelry, Inc. The following schedule is set forth for the submission of sentencing papers: initial Presentence Investigation Report due by 3/2/2009; Statement with Respect to Sentencing Factors, objections and/or motions, due by 3/25/2009; responses to objections and/or motions due by 4/1/2009; motions to adjourn sentencing due by 4/6/2009; final Presentence Investigation Report due by 4/8/2009; character letters and/or sentencing memorandum in support of the defendant due by 4/8/2009. SO ORDERED. Issued by Hon. Richard J. Arcara on Janaury 5, 2009.(DJD) (Entered: 01/21/2009)
03/19/200912 STATEMENT WITH RESPECT TO SENTENCING FACTORS by Graham's Suburban Jewelry, Inc. (Molloy, John) (Entered: 03/19/2009)
03/24/200913 STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to Graham's Suburban Jewelry, Inc. (Violanti, Joel) (Entered: 03/24/2009)
03/30/200914 SENTENCING MEMORANDUM by Graham's Suburban Jewelry, Inc. (Molloy, John) (Entered: 03/30/2009)
04/15/2009  Minute Entry for proceedings held 4/15/2009 before Hon. Richard J. Arcara as to Deft, Graham's Suburban Jewelry, Inc. (1), Count(s) 2. Sentencing is held. Seth Graham, corporate officer for Graham's Suburban Jewelry, Inc. appears for the corporation. The Court accepts the terms and conditions of the plea agreement and the plea of guilty. The Presentence Investigation Report is placed in the record under seal. If an appeal is filed, counsel on appeal will be permitted access to the sealed report, except that counsel on appeal will not be permitted access to the recommendation section. Deft is ordered to pay a fine of $5,000.00 which is due immediately. Deft is also ordered to pay a $400.00 mandatory assessment fee, due immediately. The Court grants the Govt's motion to dismiss Counts 1, and 3 - 19 of the Indictment as to this Deft. Appearances: Govt - Richard Maigret appearing for Joel Violanti; Deft - John Molloy; USPO - Susan Vujakovich. (Court Reporter Yvonne Garrison.)(DJD) (Entered: 05/10/2009)
04/16/200915 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Graham's Suburban Jewelry, Inc. (DZ) (Entered: 04/16/2009)
05/13/200916 JUDGMENT filed as to Graham's Suburban Jewelry, Inc. (1), Count(s) 2. Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. Signed by Hon. Richard J. Arcara on 5/12/2009. (DLC) (Entered: 05/21/2009)
06/03/200917 SATISFACTION OF JUDGMENT on Graham's Suburban Jewelry, Inc. by USA (Robinson, Kevin) (Entered: 06/03/2009)