| CLOSED |
Case title: USA v. Cortez, et al |
Date Filed: 09/04/2002 Date Terminated: 07/10/2003 |
| Assigned to: Judge Xavier Rodriguez | ||
Defendant (2) |
||
|
Herco Aircraft Machine, Inc.
TERMINATED: 07/10/2003 |
represented by | Manuel Escobar , Jr.
Attorney at Law 201 W. Poplar San Antonio, TX 78212-0001 (210) 212 5592 Email: escobarm1@aol.com TERMINATED: 07/10/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 18:1341.F FRAUDS AND SWINDLES - Mail Fraud (2) |
Amended to correct amount of fine to $1000 and to include additional language on conditions page. Five (5) years probation; $100 fine; $400 special assessment and $115,359.00 restitution. | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1) |
Dismiss Count(s) 1, 3-5 on the government's motion. | |
| 18:1341.F FRAUDS AND SWINDLES - Mail Fraud (3-5) |
Dismiss Count(s) 1, 3-5 on the government's motion. | |
Highest Offense Level (Terminated) |
||
| Felony | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| USA | represented by | Gregory D. Anderson
Assistant United States Attorney 601 NW Loop 410, #600 San Antonio, TX 78216-5512 (210) 384-7025 TERMINATED: 11/04/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kelly Wayne Loving Assistant United States Attorney U.S. Attorney's Office 601 N.W. Loop 410 Suite 600 San Antonio, TX 78216 (210) 384-7150 Fax: 210/384-7118 Email: kelly.loving@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael R. Hardy Assistant United States Attorney 601 NW Loop 410 Suite 600 San Antonio, TX 78216-5512 (210) 384-7150 Fax: 210/384-7118 Email: mike.hardy@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/04/2002 | Case assigned to Honorable Edward C. Prado (rg) (Entered: 09/06/2002) | |
| 09/04/2002 | 1 | Indictment filed against Heriberto Cortez (1) count(s) 1, 2-5, Herco Aircraft (2) count(s) 1, 2-5 (Pages: 7) (rg) (Entered: 09/06/2002) |
| 09/04/2002 | 2 | Letter/Correspondence submitted by USA as to Heriberto Cortez, Herco Aircraft regarding: requesting that a summons be issued for the appearance of defendants rather than a warrant for arrest. (rg) (Entered: 09/06/2002) |
| 09/05/2002 | Summons issued for Herco Aircraft; First appearance set for 9:00 9/19/02. (rg) (Entered: 09/06/2002) | |
| 09/11/2002 | 3 | Return of service executed as to Herco Aircraft on 9/11/02 (rg) (Entered: 09/12/2002) |
| 09/19/2002 | Defendant(s) Heriberto Cortez, Herco Aircraft first appearance held; Defendant(s) informed of rights. (rg) (Entered: 09/20/2002) | |
| 09/19/2002 | 8 | ORDER as to Herco Aircraft set arraignment for 9:00 9/19/02 (rg) (Entered: 09/20/2002) |
| 09/19/2002 | 10 | Minutes of proceedings for Initial Appearance conducted on 9/19/02 as to Herco Aircraft by Judge Primomo. Court Reporter: ERO (rg) (Entered: 09/20/2002) |
| 09/27/2002 | 11 | Motion by Heriberto Cortez, Herco Aircraft to suppress evidence (rg) (Entered: 09/30/2002) |
| 09/27/2002 | 12 | Motion by Heriberto Cortez, Herco Aircraft for discovery and inspction (Brady Request) (rg) (Entered: 09/30/2002) |
| 09/27/2002 | 13 | Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Expert Witnesses) (rg) (Entered: 09/30/2002) |
| 09/27/2002 | 14 | Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Documents and Tangible Objects) (rg) (Entered: 09/30/2002) |
| 09/27/2002 | 15 | Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Statements by defendants and others) (rg) (Entered: 09/30/2002) |
| 09/27/2002 | 16 | Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Reports of Scientific Tests) (rg) (Entered: 09/30/2002) |
| 09/27/2002 | 17 | Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Statement made by defendants and codefendants) (rg) (Entered: 09/30/2002) |
| 09/30/2002 | 18 | ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspection (Documents and Tangible Objects) [14-1] (rg) (Entered: 10/01/2002) |
| 09/30/2002 | 19 | ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspection (Expert Witnesses) [13-1] (rg) (Entered: 10/01/2002) |
| 09/30/2002 | 20 | ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspection (Statement made by defendants and codefendants) [17-1] (rg) (Entered: 10/01/2002) |
| 09/30/2002 | 21 | ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspction (Brady Request) [12-1] (rg) (Entered: 10/01/2002) |
| 09/30/2002 | 22 | ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspection (Statements by defendants and others) [15-1] (rg) (Entered: 10/01/2002) |
| 09/30/2002 | 23 | ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspection (Reports of Scientific Tests) [16-1] (rg) (Entered: 10/01/2002) |
| 09/30/2002 | 25 | Waiver of personal appearance at arraignment and entry of plea not guilty by Herco Aircraft (2) count(s) 1, 2-5 (rg) (Entered: 10/01/2002) |
| 10/04/2002 | 26 | General Order of Discovery as to Heriberto Cortez, Herco Aircraft (rg) (Entered: 10/07/2002) |
| 10/04/2002 | 27 | SCHEDULING ORDER as to Heriberto Cortez, Herco Aircraft setting; Plea agreement to be submitted on or before 5:00 11/19/02; Docket Call set for 3:00 11/21/02; Jury trial set for 9:00 12/2/02; Jury Selection set for 9:00 12/2/02 (rg) (Entered: 10/07/2002) |
| 10/08/2002 | 28 | ORDER as to Heriberto Cortez, Herco Aircraft Motion to suppress hearing set for 9:00 11/8/02 as to: Heriberto Cortez, re: (11-1); Herco Aircraft, re: (11-1) (rg) (Entered: 10/09/2002) |
| 10/11/2002 | 29 | Response by USA to motion by Heriberto Cortez, Herco Aircraft : motion to suppress evidence [11-1] (rg) (Entered: 10/15/2002) |
| 11/04/2002 | 30 | Agreed Motion by Heriberto Cortez, Herco Aircraft to continue docket call, jury selection and trial (rg) (Entered: 11/05/2002) |
| 11/04/2002 | 31 | Substitution of counsel for USA Kelly Wayne Loving attorney Gregory D. Anderson for USA (rg) (Entered: 11/05/2002) |
| 11/06/2002 | 32 | ORDER as to Heriberto Cortez, Herco Aircraft granting motion to continue docket call, jury selection and trial [30-1] as to Heriberto Cortez (1), Herco Aircraft (2) reset scheduling order deadlines: Plea agreement to be submitted on or before 5:00 1/21/03; Docket Call set for 3:00 1/23/03; Jury trial set for 9:00 2/3/03; Motion to suppress hearing set for 9:00 1/10/03 as to: Heriberto Cortez, re: (11-1); Herco Aircraft, re: (11-1) , reset Jury selection for 2/3/03 , order indicates continuance is granted in order to obtain or substitute counsel, or give counsel reasonable time to prepare (rg) (Entered: 11/07/2002) |
| 01/07/2003 | 33 | Agreed Motion by Heriberto Cortez, Herco Aircraft to continue suppression hearing, docket call, jury selection and trial settings (rg) (Entered: 01/08/2003) |
| 01/07/2003 | 34 | ORDER as to Heriberto Cortez, Herco Aircraft granting motion to continue suppression hearing, docket call, jury selection and trial settings [33-1] as to Heriberto Cortez (1), Herco Aircraft (2) amended scheduling order deadlines: Plea agreement to be submitted on or before 5:00 3/18/03; Docket Call set for 3:00 3/20/03; Jury trial set for 9:00 3/31/03; Motion to suppress hearing set for 9:00 3/7/03 as to: Heriberto Cortez, (11-1); Herco Aircraft, re: (11-1) , reset Jury selection for 9:00 3/31/03 , order indicates continuance is granted in order to obtain or substitute counsel, or give counsel reasonable time to prepare signed by Honorable Edward C. Prado (rg) (Entered: 01/08/2003) |
| 03/05/2003 | 35 | Advisory to the court filed by Heriberto Cortez, Herco Aircraft (rg) (Entered: 03/06/2003) |
| 03/06/2003 | 36 | ORDER - defendants advised the Court that they wish to abandon their motion to suppress and the Court will construe the defendant's request as a motion to withdraw motion to suppress. It is therefore ORDERED that the defendants' motion to suppress is TERMINATED and the hearing set for 3/7/03 is CANCELLED. Docket call remains set for 3/20/03 as to Heriberto Cortez, Herco Aircraft signed by Honorable Edward C. Prado (rg) (Entered: 03/07/2003) |
| 03/06/2003 | Mooted motion as to Heriberto Cortez, Herco Aircraft motion to suppress evidence [11-1] as to Heriberto Cortez (1), Herco Aircraft (2) (rg) (Entered: 03/07/2003) | |
| 03/13/2003 | 37 | Plea agreement filed as to Herco Aircraft (rg) (Entered: 03/13/2003) |
| 03/20/2003 | Rearraignment as to Herco Aircraft held - Defendant informed of their rights. (rg) (Entered: 03/21/2003) | |
| 03/20/2003 | Plea of guilty entered by, Herco Aircraft (2) count(s) 2 (rg) (Entered: 03/21/2003) | |
| 03/20/2003 | Pre-Sentence investigation as to Herco Aircraft waived (rg) (Entered: 03/21/2003) | |
| 03/20/2003 | Guilty plea accepted by the court as to Herco Aircraft (2) count(s) 2 (rg) (Entered: 03/21/2003) | |
| 03/20/2003 | 38 | ORDER as to Herco Aircraft set sentencing for 3:00 4/17/03 signed by Honorable Edward C. Prado (rg) (Entered: 03/21/2003) |
| 03/20/2003 | 39 | Minutes of proceedings for Rearraignment/Plea conducted on 3/20/03 as to Herco Aircraft by Judge Prado. Court Reporter: Karl Myers (rg) (Entered: 03/21/2003) |
| 04/08/2003 | 40 | Motion by USA as to Herco Aircraft to continue sentencing hearing (rg) (Entered: 04/09/2003) |
| 04/09/2003 | 41 | ORDER as to Herco Aircraft granting motion to continue sentencing hearing [40-1] signed by Honorable Edward C. Prado (rg) (Entered: 04/10/2003) |
| 04/10/2003 | 42 | ORDER as to Herco Aircraft reset sentencing for 3:00 5/8/03 signed by Honorable Edward C. Prado (rg) (Entered: 04/10/2003) |
| 05/01/2003 | 43 | Unopposed Motion by Herco Aircraft to continue sentencing hearing (rg) (Entered: 05/06/2003) |
| 05/05/2003 | 44 | ORDER as to Herco Aircraft granting motion to continue sentencing hearing [43-1] reset sentencing for 3:00 7/10/03 signed by Honorable Edward C. Prado (rg) (Entered: 05/06/2003) |
| 05/05/2003 | 45 | ORDER Resetting Sentencing as to Herco Aircraft. signed by Honorable Edward C. Prado (rg) (Entered: 05/06/2003) |
| 07/10/2003 | Sentencing held for Herco Aircraft (2) count(s) 2. Five (5) years probation; $100 fine; $400 special assessment and $115,359.00 restitution. (rg) (Entered: 07/14/2003) | |
| 07/10/2003 | Dismissed count on motion by the Govt. Herco Aircraft (2) count(s) 1, 3-5 (rg) (Entered: 07/14/2003) | |
| 07/11/2003 | 46 | Minutes of proceedings for Sentencing conducted on 7/10/03 as to Herco Aircraft by Judge Prado. Court Reporter: Karl Myers (rg) (Entered: 07/14/2003) |
| 07/16/2003 | 49 | Judgment and Commitment as to , Herco Aircraft (2) count(s) 2 (Pages: 5) signed by Honorable Edward C. Prado (rg) (Entered: 07/17/2003) |
| 07/22/2003 | 51 | Amended judgment as to Herco Aircraft (2) count(s) 2. Amended to correct amount of fine to $1000 and to include additional language on conditions page. ORIGINAL SENTENCE: Five (5) years probation; $100 fine; $400 special assessment and $115,359.00 restitution. (Pages: 5) signed by Honorable Edward C. Prado (rg1) (Entered: 07/23/2003) |
| 07/22/2003 | 52 | Judgment and commitment returned unexecuted as to Herco Aircraft (2) count(s) 2 on 7/21/03. "subject" not in USMS custody. (rg1) (Entered: 07/23/2003) |
| 07/25/2003 | 53 | Motion by Herco Aircraft to modify conditions of probation (rg) (Entered: 07/28/2003) |
| 07/29/2003 | 54 | Response by USA to motion by Herco Aircraft : motion to modify conditions of probation [53-1] (rg) (Entered: 07/30/2003) |
| 07/29/2003 | 55 | Judgment and commitment returned executed as to Herco Aircraft (2) count(s) 2 on 7/24/03 (rg) (Entered: 07/30/2003) |
| 08/04/2003 | 56 | ORDER as to Herco Aircraft denying motion to modify conditions of probation [53-1] signed by Honorable Edward C. Prado (rg) (Entered: 08/05/2003) |
| 08/31/2006 | Case as to Heriberto Cortez, Herco Aircraft Machine, Inc. Reassigned to Judge Xavier Rodriguez. Judge Edward C. Prado no longer assigned for Heriberto Cortez, Herco Aircraft Machine, Inc. (mjm) (Entered: 08/31/2006) | |
| 09/05/2006 | Attorney Michael R. Hardy for USA added. (rg, ) (Entered: 09/05/2006) | |
| 09/05/2006 | 57 | ORDERED that the supervised releasee be discharged from supervision and that the proceedings in the case be terminated as to Herco Aircraft Machine, Inc. Signed by Judge Xavier Rodriguez. (rg, ) (Entered: 09/05/2006) |