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Electronic Case Filing System
District of Utah (Northern)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-00114-TC-2


Case title: USA v. Atwater et al

Date Filed: 10/01/2008
Date Terminated: 03/26/2009

Assigned to: Judge Tena Campbell

Defendant (2)
Heritage Restoration Inc
TERMINATED: 03/26/2009
represented byMax D. Wheeler
SNOW CHRISTENSEN & MARTINEAU
10 EXCHANGE PLACE 11TH FLOOR
PO BOX 45000
SALT LAKE CITY, UT 84145-5000
(801)521-9000
Email: intakeclerk@scmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1319(c)(2)(A), 33:1317(d),40 CFR 403.5(b)(7) ENFORCEMENT - CRIMINAL PENALTIES Operating a Source in Violation of a Prohibition; 18:2(b) Aiding and Abetting
(1s)
Dft pleaded guilty. SENTENCE: Dft is placed on Probation for 36 months. FINE: $25,000.00. SPA: $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
33:1319(c)(2)(A) ENFORCEMENT - CRIMINAL PENALTIES/Operating a Source in Violation of a Prohibition
(3)
moot per filing of superseding felony information

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJared C. Bennett
US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)325-3259
Email: jared.bennett@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/01/2008INDICTMENT as to Jay Bert Atwater (1) count(s) 1, 2, 3, Heritage Restoration Inc (2) count(s) 3. Assigned to Judge Tena Campbell (rlr) (Entered: 10/01/2008)
10/01/2008**SEALED DOCUMENT** Summons Issued in case as to Jay Bert Atwater, Heritage Restoration Inc Initial Appearance set for 11/4/2008 11:30 AM in Room 477 before Magistrate Judge David Nuffer. (rlr) (Entered: 10/01/2008)
10/09/2008**RESTRICTED DOCUMENT** Summons Returned Executed: served on 10/1/08 as to Heritage Restoration Inc (alt) (Entered: 10/09/2008)
10/28/2008  Attorney update in case as to Jay Bert Atwater, Heritage Restoration Inc. Attorney Max D. Wheeler for Jay Bert Atwater and Heritage Restoration Inc added. (asb) (Entered: 10/28/2008)
10/28/2008AMENDED NOTICE OF HEARING as to Jay Bert Atwater, Heritage Restoration Inc
Initial Appearance, Arraignment & Entry of Guilty Plea reset for Monday, 11/3/2008 10:30 AM in Room 477 before Magistrate Judge David Nuffer. (moved from 11/4/08 at 11:30 a.m.) (asb) (Entered: 10/28/2008)
10/31/2008GOVERNMENTS STATEMENT OF DISCOVERY POLICY by USA as to Jay Bert Atwater, Heritage Restoration Inc (Bennett, Jared) (Entered: 10/31/2008)
10/31/2008 CERTIFICATE OF COMPLIANCE filed by USA as to Jay Bert Atwater, Heritage Restoration Inc. (Bennett, Jared) (Entered: 10/31/2008)
11/03/2008Minute Entry for proceedings held before Magistrate Judge David Nuffer: Initial Appearance as to Jay Bert Atwater, Heritage Restoration Inc held on 11/3/2008.

Defendant present with retained counsel. Charging document read, rights and penalties explained.
Consent for Entry of Plea before Magistrate Judge executed. Appeal rights advised. Defendant placed under oath. Defendant answered questions posed by the court.

Defendant informed the Court of his concerns regarding the plea agreement as to Heritage Restoration. Mr. Wheeler spoke with his client and government during a brief court recess. The defendant and government have agreed to only go forward as to the plea of Mr. Atwater and will defer any action as to the corporation at this time. Court continued the Change of Plea as to Heritage Resoration for Friday, 11/7/08 at 10:15 a.m. before Judge Nuffer.

Court finds the defendant knowingly, intelligently & voluntarily enters a plea in compliance with Rule 11 FRCrP. Statement in Advance of Plea executed. Defendant entered a plea of GUILTY to Count 2 of the Indictment and the court accepted the plea.

Arraignment as to Jay Bert Atwater (1) Count 1,2,3 and Heritage Restoration Inc (2) Count 3 held on 11/3/2008, Detention Hearing as to Jay Bert Atwater, Heritage Restoration Inc held on 11/3/2008. Pretrial Conference as to Jay Bert Atwater, Heritage Restoration Inc held on 11/3/2008, Change of Plea Hearing as to Jay Bert Atwaterheld on 11/3/2008.

Presentence Report ordered: Yes. Sentencing set for 2/17/2009 03:00 PM before Judge Tena Campbell.

Government did not seek detention. PTS report received. Court ordered the defendant released on his own recognizance. Court instructed the defendant to report to the USMS for processing.

Court adjourned.

Attorney for Plaintiff: Jared Bennett, Attorney for Defendant: Max Wheeler, Ret. Probation Officer: Annie Carr & Wendy White. Court Reporter: Electronic.(Time Start: 10:35:31, Time End: 11:14:33, Room 477.) (asb) (Entered: 11/03/2008)
11/03/2008ORDER OF REFERENCE Under 636 (b)(3) and CONSENT TO ENTRY OF PLEA before Magistrate Judge David Nuffer as to Jay Bert Atwater, Heritage Restoration Inc.. Signed by Judge Tena Campbell on 10/29/08. (asb) (Entered: 11/03/2008)
11/06/200811 AMENDED NOTICE OF HEARING as to Heritage Restoration Inc
Change of Plea Hearing reset for Monday, 11/10/2008 10:30 AM in Room 477 before Magistrate Judge David Nuffer. (moved from 11/7 at 10:15 a.m. before Judge Nuffer) (asb) (Entered: 11/06/2008)
11/10/200812 Minute Entry for proceedings held before Magistrate Judge David Nuffer: Change of Plea Hearing as to Heritage Restoration Inc held on 11/10/2008.
Defendant present with counsel. Consent for Entry of Plea before Magistrate Judge executed. Appeal rights advised. Defendant placed under oath. Defendant answered questions posed by the court. Court finds the defendant knowingly, intelligently & voluntarily enters a plea in compliance with Rule 11 FRCrP. Statement in Advance of Plea executed. Defendant entered a plea of GUILTY to Count 1 of the Felony Information on behalf of Heritage Restoration and the court accepted the plea.
Presentence Report ordered: Yes.,
Sentencing set for 2/17/2009 03:00 PM before Judge Tena Campbell.
Court adjourned.
Attorney for Plaintiff: Jared Bennett, Attorney for Defendant: Max Wheeler, Ret. Probation Officer: Wendy White. Court Reporter: Electronic.(Time Start: 10:33:24, Time End: 10:51:46, Room 477.) (asb) (Entered: 11/10/2008)
11/10/200813 WAIVER OF INDICTMENT by Heritage Restoration Inc (asb) (Entered: 11/10/2008)
11/10/200814 STATEMENT IN ADVANCE OF PLEA as to Heritage Restoration Inc (asb) (Entered: 11/10/2008)
11/10/200815 SUPERSEDING FELONY INFORMATION as to Heritage Restoration Inc (2) count(s) 1s. Assigned to Judge Tena Campbell (alt) (Entered: 11/10/2008)
02/03/200916 Defendant's MOTION to Continue Sentencing by Jay Bert Atwater as to Jay Bert Atwater, Heritage Restoration Inc. (Wheeler, Max) (Entered: 02/03/2009)
02/03/200917 Defendant's MOTION to Continue Sentencing by Jay Bert Atwater as to Jay Bert Atwater, Heritage Restoration Inc. (Attachments: # 1 Exhibit [Proposed] Order Granting Motion to Continue Sentencing)(Wheeler, Max) (Entered: 02/03/2009)
03/10/200919 Government's Position with Respect to Sentencing Factors as to Jay Bert Atwater, Heritage Restoration Inc (Bennett, Jared) (Entered: 03/10/2009)
03/16/200921 Minute Entry for proceedings held before Judge Tena Campbell: Sentencing held on 3/16/2009 for Heritage Restoration Inc (2). The Court imposes sentence as to the dft Heritage Restoration Inc. The Court places the Corporation on 3 years probation. Standard conditions of release imposed, with special conditions. The Court imposes a fine of $25,000, which is due immediately and payable according to schedule established by the USPO. The corporation shall pay a SPA of $400, which is due and payable immediately. Right to appeal given. Prior to corporation sentence, dft Jay Bert Atwater is sentenced as follows: The dft is sentenced to 5 months custody of BOP. Upon release from the BOP confinement, the dft shall be placed on supervised release for 24 months. Standard conditions of release imposed, with special conditions. The dft shall pay a SAF of $100.00, which shall be due and payable immediately. The Court imposes a fine of $10,000, which is due immediately or payable according to schedule established by BOP, while in custody and USPO while in supervised release. The Court suspends the mandatory drug testing. The Court grants the motion to dismiss counts 1 and 3. The Court recommends the dft serve his sentence at a local facility. The Court allows the dft to self surrender to the designated facility. The dft shall self surrender to the designated facility by 12:00 Noon on 5/18/2009. Attorney for Plaintiff: Jared Bennett, Attorney for Defendant: Max Wheeler. Probation Officer: Wendy White. Court Reporter: Ray Fenlon.(mjm)jm) (Entered: 03/24/2009)
03/26/200924 JUDGMENT as to Heritage Restoration Inc (2). Count(s) 1s, Dft pleaded guilty. SENTENCE: Dft is placed on Probation for 36 months. FINE: $25,000.00. SPA: $400.00; Count(s) 3, moot per filing of superseding felony information. Signed by Judge Tena Campbell on 3/25/09 (alt) (Entered: 03/26/2009)
11/03/201031 ORDER granting 30 Motion for Early Termination of Supervised Release/Probation as to Jay Bert Atwater, Heritage Restoration Inc. Signed by Judge Tena Campbell on 11/3/10 (alt) (Entered: 11/03/2010)