CLOSED

U.S. District Court [LIVE]
Western District of Texas (San Antonio)
CRIMINAL DOCKET FOR CASE #: 5:02-cr-00464-XR-2


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 byManuel 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 byGregory 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)
09/04/2002Indictment 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)
09/04/2002Letter/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)
09/11/2002Return 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)
09/19/2002ORDER as to Herco Aircraft set arraignment for 9:00 9/19/02 (rg) (Entered: 09/20/2002)
09/19/200210 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)
09/27/200211 Motion by Heriberto Cortez, Herco Aircraft to suppress evidence (rg) (Entered: 09/30/2002)
09/27/200212 Motion by Heriberto Cortez, Herco Aircraft for discovery and inspction (Brady Request) (rg) (Entered: 09/30/2002)
09/27/200213 Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Expert Witnesses) (rg) (Entered: 09/30/2002)
09/27/200214 Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Documents and Tangible Objects) (rg) (Entered: 09/30/2002)
09/27/200215 Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Statements by defendants and others) (rg) (Entered: 09/30/2002)
09/27/200216 Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Reports of Scientific Tests) (rg) (Entered: 09/30/2002)
09/27/200217 Motion by Heriberto Cortez, Herco Aircraft for discovery and inspection (Statement made by defendants and codefendants) (rg) (Entered: 09/30/2002)
09/30/200218 ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspection (Documents and Tangible Objects) [14-1] (rg) (Entered: 10/01/2002)
09/30/200219 ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspection (Expert Witnesses) [13-1] (rg) (Entered: 10/01/2002)
09/30/200220 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)
09/30/200221 ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspction (Brady Request) [12-1] (rg) (Entered: 10/01/2002)
09/30/200222 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)
09/30/200223 ORDER as to Heriberto Cortez, Herco Aircraft granting motion for discovery and inspection (Reports of Scientific Tests) [16-1] (rg) (Entered: 10/01/2002)
09/30/200225 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)
10/04/200226 General Order of Discovery as to Heriberto Cortez, Herco Aircraft (rg) (Entered: 10/07/2002)
10/04/200227 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)
10/08/200228 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)
10/11/200229 Response by USA to motion by Heriberto Cortez, Herco Aircraft : motion to suppress evidence [11-1] (rg) (Entered: 10/15/2002)
11/04/200230 Agreed Motion by Heriberto Cortez, Herco Aircraft to continue docket call, jury selection and trial (rg) (Entered: 11/05/2002)
11/04/200231 Substitution of counsel for USA Kelly Wayne Loving attorney Gregory D. Anderson for USA (rg) (Entered: 11/05/2002)
11/06/200232 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)
01/07/200333 Agreed Motion by Heriberto Cortez, Herco Aircraft to continue suppression hearing, docket call, jury selection and trial settings (rg) (Entered: 01/08/2003)
01/07/200334 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)
03/05/200335 Advisory to the court filed by Heriberto Cortez, Herco Aircraft (rg) (Entered: 03/06/2003)
03/06/200336 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)
03/13/200337 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)
03/20/200338 ORDER as to Herco Aircraft set sentencing for 3:00 4/17/03 signed by Honorable Edward C. Prado (rg) (Entered: 03/21/2003)
03/20/200339 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)
04/08/200340 Motion by USA as to Herco Aircraft to continue sentencing hearing (rg) (Entered: 04/09/2003)
04/09/200341 ORDER as to Herco Aircraft granting motion to continue sentencing hearing [40-1] signed by Honorable Edward C. Prado (rg) (Entered: 04/10/2003)
04/10/200342 ORDER as to Herco Aircraft reset sentencing for 3:00 5/8/03 signed by Honorable Edward C. Prado (rg) (Entered: 04/10/2003)
05/01/200343 Unopposed Motion by Herco Aircraft to continue sentencing hearing (rg) (Entered: 05/06/2003)
05/05/200344 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)
05/05/200345 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)
07/11/200346 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)
07/16/200349 Judgment and Commitment as to , Herco Aircraft (2) count(s) 2 (Pages: 5) signed by Honorable Edward C. Prado (rg) (Entered: 07/17/2003)
07/22/200351 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)
07/22/200352 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)
07/25/200353 Motion by Herco Aircraft to modify conditions of probation (rg) (Entered: 07/28/2003)
07/29/200354 Response by USA to motion by Herco Aircraft : motion to modify conditions of probation [53-1] (rg) (Entered: 07/30/2003)
07/29/200355 Judgment and commitment returned executed as to Herco Aircraft (2) count(s) 2 on 7/24/03 (rg) (Entered: 07/30/2003)
08/04/200356 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)
09/05/200657 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)