CLOSED

U.S. District Court
DISTRICT OF KANSAS (Topeka)
CRIMINAL DOCKET FOR CASE #: 5:08-cr-40045-JAR All Defendants


Case title: USA v. Sawyer et al

Date Filed: 05/14/2008
Date Terminated: 07/13/2009

Assigned to: District Judge Julie A. Robinson

Defendant (1)
Raymond Sawyer
TERMINATED: 07/09/2009
represented byChristopher Michael Joseph
Joseph & Hollander, LLC - Topeka
1508 SW Topeka Blvd.
Topeka, KS 66612
785-234-3272
Fax: 785-234-3610
Email: cjoseph@josephhollander.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

James R. Hobbs
Wyrsch Hobbs Mirakian, PC
1000 Walnut-Ste. 1600
Kansas City, MO 64106
816-221-0080
Fax: 816-221-3280
Email: jrhobbs@whmlaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Marilyn B. Keller
Wyrsch Hobbs Mirakian, PC
1000 Walnut-Ste. 1600
Kansas City, MO 64106
816-221-0080
Fax: 816-221-3280
Email: mbkeller@whmlaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1319(c)(1)(A) Negligent Clean Water Act Violation (INFORMATION FILED 2/19/09)
(1s)
Sentenced to 5 years probation; $25.00 assessment; $240,000 fine

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
33:1319(c)(2) Knowingly caused water pollution (INDICTMENT FILED 5/14/08)
(1)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: District Judge Julie A. Robinson

Defendant (2)
Magnagro International Inc
TERMINATED: 07/13/2009
represented byJames R. Hobbs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Marilyn B. Keller
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1319(c)(2) Knowingly caused water pollution (INFORMATION FILED 2/19/09
(2s)
$400 assessment, $240,000 fine jointly and severally with Raymond Sawyer

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
33:1319(c)(2) Knowingly caused water pollution (INDICTMENT FILED 5/14/08)
(1)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byChristine E. Kenney
Office of United States Attorney - Topeka
290 U.S. Courthouse
444 S.E. Quincy
Topeka, KS 66683-3592
785-295-2850
Fax: 785-295-2853
Email: christine.kenney@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard L. Hathaway
Office of United States Attorney - Topeka
290 U.S. Courthouse
444 S.E. Quincy
Topeka, KS 66683-3592
785-295-2850 ext 2833
Fax: 785-295-2853
Email: rich.hathaway@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/14/2008INDICTMENT filed against defendants Raymond Sawyer (1) and Magnagro International Inc (2) as to count 1. (mb)(PARAGRAPHS 10 AND 11 ARE STRICKEN PER DE 27) Modified on 9/19/2008 (mb). (Entered: 05/14/2008)
05/16/2008ENTRY OF APPEARANCE: by attorney James R. Hobbs appearing for Raymond Sawyer, Magnagro International Inc (Hobbs, James) (Entered: 05/16/2008)
05/16/2008ENTRY OF APPEARANCE: by attorney Marilyn B. Keller appearing for Raymond Sawyer, Magnagro International Inc (Keller, Marilyn) (Entered: 05/16/2008)
05/20/2008  Arrest of defendant Raymond Sawyer (mb) (Entered: 05/23/2008)
05/20/2008MINUTE ENTRY of Rule 5 hearing and arraignment held 5/20/08 before Magistrate Judge K. Gary Sebelius as to defendant Raymond Sawyer (1): Attorney James Hobbs present. Defendant enters a plea of not guilty as to Count 1 of indictment. Defendant on conditional release. Bond set at $50,000/UNSECURED. (Tape #NETWORK 5/20/08.) (mb) (Entered: 05/23/2008)
05/20/2008ORDER Setting Conditions of Release as to defendant Raymond Sawyer (1); $50,000/UNSECURED. Signed by Magistrate Judge K. Gary Sebelius on 5/20/08. (mb) (Entered: 05/23/2008)
05/20/2008Unsecured Appearance Bond Posted as to defendant Raymond Sawyer; $50,000 (mb) (Entered: 05/23/2008)
05/21/2008Arrest Warrant returned executed on 5/20/08 as to defendant Raymond Sawyer (mb) (Entered: 05/23/2008)
05/27/2008 NOTICE of Filing of Corporate Resolution as to Magnagro International Inc (Attachments: # 1 Corporate Resolution)(Hobbs, James) (Entered: 05/27/2008)
05/28/2008 NOTICE of Representation Pursuant to Rule 44 as to Raymond Sawyer, Magnagro International Inc (Hobbs, James) (Entered: 05/28/2008)
06/02/200810 GENERAL ORDER OF DISCOVERY & SCHEDULING as to Raymond Sawyer, Magnagro International Inc. Motions due by 6/30/2008. Response deadline 7/7/2008. Motion Hearing set for 7/14/2008 at 09:00 AM before District Judge Julie A. Robinson. Jury Trial set for 7/29/2008 at 09:00 AM before District Judge Julie A. Robinson. Signed by District Judge Julie A. Robinson on 6/2/2008. (mkc) (Entered: 06/03/2008)
06/03/200811 NOTICE OF HEARING as to Defendants Raymond Sawyer, Magnagro International Inc. Motion Hearing set for 7/14/2008 at 09:00 AM before District Judge Julie A. Robinson. Jury Trial set for 7/29/2008 at 09:00 AM before District Judge Julie A. Robinson. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mkc) (Entered: 06/03/2008)
06/30/200812 Joint MOTION to Continue Trial Setting by Raymond Sawyer, Magnagro International Inc. (Hobbs, James) (Entered: 06/30/2008)
06/30/200813 Joint MOTION to Strike Prejudicial Surplusage From the Indictment by Raymond Sawyer, Magnagro International Inc. (Hobbs, James) (Entered: 06/30/2008)
06/30/200814 Joint MOTION in Limine to Exclude Environmental Protection Agency's Sample and Expert Report From This Case by Raymond Sawyer, Magnagro International Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hobbs, James) (Entered: 06/30/2008)
07/01/200815 WAIVER of Speedy Trial Rights by Raymond Sawyer (Attachments: # 1 waiver of speedy trial)(Hobbs, James) (Entered: 07/01/2008)
07/01/200816 WAIVER of speedy trial rights by Magnagro International Inc (Attachments: # 1 waiver of speedy trial)(Hobbs, James) (Entered: 07/01/2008)
07/07/200817  MOTION for Extension of Time to File Response/Reply by USA as to Raymond Sawyer, Magnagro International Inc. (Kenney, Christine) (Entered: 07/07/2008)
07/08/200818 ORDER granting 17 Motion for Extension of Time to File Response/Reply as to Raymond Sawyer (1), Magnagro International Inc (2) Signed by District Judge Julie A. Robinson on 7/8/2008. (mkc) (Entered: 07/10/2008)
07/10/200819 NOTICE OF HEARING as to Defendants Raymond Sawyer, Magnagro International Inc. Motion Hearing set for 8/18/2008 at 09:00 AM before District Judge Julie A. Robinson. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mkc) (Entered: 07/10/2008)
07/30/200820  MOTION to Continue Motions Hearing and to Extend Government Response Date by Raymond Sawyer, Magnagro International Inc. (Hobbs, James) (Entered: 07/30/2008)
08/01/200821 ORDER granting 20 Motion to Continue. Time excluded from 8/18/2008 until 9/8/2008 as to Raymond Sawyer (1), Magnagro International Inc (2) re: continuance of motions hearing. Response deadline 8/28/2008. Motion Hearing set for 9/8/2008 at 01:30 PM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. Signed by District Judge Julie A. Robinson on 7/31/2008. (mkc) Modified on 8/4/2008 (ms). (Entered: 08/01/2008)
08/01/200822 NOTICE OF HEARING as to Defendants Raymond Sawyer, Magnagro International Inc. Motion Hearing set for 9/8/2008 at 01:30 PM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mkc) (Entered: 08/01/2008)
08/28/200823 RESPONSE in Opposition by USA as to Raymond Sawyer, Magnagro International Inc re 13 Joint MOTION to Strike Prejudicial Surplusage From the Indictment (Kenney, Christine) (Entered: 08/28/2008)
08/28/200824 RESPONSE in Opposition by USA as to Raymond Sawyer, Magnagro International Inc re 14 MOTION in Limine to Exclude Environmental Protection Agency's Sample and Expert Report from this case (Kenney, Christine) (Entered: 08/28/2008)
09/08/200825 NOTICE & RECEIPT OF SURRENDERED PASSPORT as to defendant Raymond Sawyer; Passport Number 220674702 issued by USA (mb) (Entered: 09/08/2008)
09/08/200826 MINUTE ENTRY for proceedings held before District Judge Julie A. Robinson. Motion Hearing as to Raymond Sawyer, Magnagro International Inc held on 9/8/2008 granting 12 Motion to Continue. Time excluded from 7/29/2008 until 12/8/2008 as to Raymond Sawyer (1), Magnagro International Inc (2)re: continuance of jury trial. Jury Trial set for 12/8/2008 at 01:30 PM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (Court Reporter Sherry Harris.) (mkc) (Entered: 09/16/2008)
09/12/200827 MEMORANDUM AND ORDER granting 13 Motion to Strike as to Raymond Sawyer (1), Magnagro International Inc (2); deferring ruling 14 Motion in Limine as to Raymond Sawyer (1), Magnagro International Inc (2). Signed by District Judge Julie A. Robinson on 9/12/2008. (mkc) (Entered: 09/16/2008)
09/16/200828 NOTICE OF HEARING as to Defendants Raymond Sawyer, Magnagro International Inc. Jury Trial set for 12/8/2008 at 01:30 PM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mkc) (Entered: 09/16/2008)
11/21/200829 Joint MOTION to Continue Jury Trial by Raymond Sawyer, Magnagro International Inc. (Hobbs, James) (Entered: 11/21/2008)
11/21/200830  NOTICE of Filing of Speedy Trial Waiver as to Raymond Sawyer (Attachments: # 1 Affidavit Waiver of Speedy Trial Rights)(Hobbs, James) (Entered: 11/21/2008)
11/21/200831  NOTICE of Waiver of Speedy Trial as to Magnagro International Inc (Attachments: # 1 Affidavit Waiver of Speedy Trial)(Hobbs, James) (Entered: 11/21/2008)
11/25/200832 ORDER granting 29 Motion to Continue. Time excluded from 12/9/2008 until 2/24/2009 as to Raymond Sawyer (1), Magnagro International Inc (2)re; continuance of jury trial. Jury Trial set for 2/24/2009 at 09:00 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. Signed by District Judge Julie A. Robinson on 11/25/2008. (mkc) (Entered: 11/25/2008)
11/25/200833 NOTICE OF HEARING as to Defendants Raymond Sawyer, Magnagro International Inc. Jury Trial set for 2/24/2009 at 09:00 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mkc) (Entered: 11/25/2008)
02/17/200934 NOTICE OF HEARING as to Defendants Raymond Sawyer, Magnagro International Inc. Change of Plea Hearing set for 2/24/2009 at 08:30 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mkc) (Entered: 02/17/2009)
02/19/200935 INFORMATION filed against defendants Raymond Sawyer (1) as to count 1s, and Magnagro International Inc (2) as to count 2s. (mb) Modified on 2/20/2009 (ms). (Entered: 02/19/2009)
02/24/200936 MINUTE ENTRY for proceedings held before District Judge Julie A. Robinson: Change of Plea Hearing as to Raymond Sawyer held on 2/24/2009. Sentencing set for 6/1/2009 at 09:00 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson.. (Court Reporter Sherry Harris.) (mkc) (Entered: 02/27/2009)
02/24/200937 PETITION TO ENTER PLEA OF GUILTY AND ORDER ENTERING PLEA as to Defendant Raymond Sawyer. Signed by District Judge Julie A. Robinson on 2/24/2009. (mkc) (Entered: 02/27/2009)
02/24/200938 MINUTE ENTRY for proceedings held before District Judge Julie A. Robinson: Change of Plea Hearing as to Magnagro International Inc held on 2/24/2009. Sentencing set for 6/1/2009 at 09:00 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson.. (Court Reporter Sherry Harris.) (mkc) (Entered: 02/27/2009)
02/24/200939 PETITION TO ENTER PLEA OF GUILTY AND ORDER ENTERING PLEA as to Defendant Magnagro International Inc. Signed by District Judge Julie A. Robinson on 2/24/2009. (mkc) (Entered: 02/27/2009)
02/27/200940 NOTICE OF HEARING as to Defendants Raymond Sawyer, Magnagro International Inc. Sentencing set for 6/1/2009 at 09:00 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mkc) (Entered: 02/27/2009)
05/07/200941 Unopposed MOTION to Continue Sentencing by Raymond Sawyer, Magnagro International Inc. (Hobbs, James) Modified text on 5/11/2009 (mb). (Entered: 05/07/2009)
05/08/200942 ORDER granting 41 Motion to Continue as to Raymond Sawyer (1), Magnagro International Inc (2). Sentencing set for 6/29/2009 at 01:30 PM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. Signed by District Judge Julie A. Robinson on 5/8/2009. (mkc) (Entered: 05/11/2009)
05/11/200943 NOTICE OF HEARING as to Defendants Raymond Sawyer, Magnagro International Inc. Sentencing set for 6/29/2009 at 01:30 PM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mkc) (Entered: 05/11/2009)
06/25/200944 SENTENCING MEMORANDUM by Raymond Sawyer, Magnagro International Inc (Hobbs, James) (Entered: 06/25/2009)
06/29/200945 MINUTE ENTRY for proceedings held before District Judge Julie A. Robinson: Sentencing held on 6/29/2009 as to defendant Raymond Sawyer. See Judgment and Commitment Order for details. Court Reporter Sherry Harris.) (mkc) (Entered: 06/30/2009)
06/29/200946 MINUTE ENTRY for proceedings held before District Judge Julie A. Robinson: Sentencing held on 6/29/2009 as to defendant Magnagro International Inc. See Judgment and Commitment Order for details. (Court Reporter Sherry Harris.) (mkc) (Entered: 06/30/2009)
06/29/200948 NOTICE & RECEIPT OF PASSPORT RETURNED as to defendant Raymond Sawyer. Passport Number 220674702 issued by USA (Attachment: # 1 PS 40) (mb) (Entered: 06/30/2009)
06/30/200947 ORDER denying as moot 14 Motion in Limine as to Raymond Sawyer (1), Magnagro International Inc (2.) Signed by District Judge Julie A. Robinson on 6/30/2009. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mkc) (Entered: 06/30/2009)
07/09/200949 JUDGMENT as to defendant Raymond Sawyer (1): Original indictment dismissed; Count 1s - Sentenced to 5 years probation; $25.00 assessment; $240,000 fine. Signed by District Judge Julie A. Robinson on 7/9/09. (mb) (Entered: 07/10/2009)
07/13/200950 JUDGMENT as to Magnagro International Inc. Count 1 was dismissed. On Count 2s: $400 assessment and $240,000 fine to be paid jointly and severally with Raymond Sawyer. Signed by District Judge Julie A. Robinson on 7/13/09. (ms) (Entered: 07/16/2009)
01/12/201151 PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION AND ORDER Signed by District Judge Julie A. Robinson on 1/12/2011 (pp). Warrant issued 1/13/11. UNSEALED UPON ARREST. Document unrestricted and text added on 1/24/2011 (ms). (Entered: 01/13/2011)
01/18/201152 ENTRY OF APPEARANCE: by attorney Christopher Michael Joseph appearing for Raymond Sawyer (Joseph, Christopher) (Entered: 01/18/2011)
01/21/201153 MINUTE ENTRY for INITIAL Revocation of Probation, PRELIMINARY, and DETENTION proceedings held 1/21/11 before Magistrate Judge K. Gary Sebelius as to Raymond Sawyer. The court, after hearing the testimony, reviewing the exhibits, hearing the proffers of the parties and arguments of counsel, finds that the government's motion for temporary detention is DENIED. The court continues defendant on the conditions of supervised release with the added condition of home incarceration with electronic monitoring. Final Probation Revocation Hearing set for 2/1/2011 at 09:00 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (Tape - Network @ 1:27 PM) (ms) (Entered: 01/24/2011)
01/21/201154 ORDER OF TEMPORARY RELEASE PENDING HEARING ON REVOCATION as to Raymond Sawyer. Final Probation Revocation Hearing set for 1/31/2011 at 09:00 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. Signed by Magistrate Judge K. Gary Sebelius on 1/21/2011. (ms) (Entered: 01/24/2011)
01/21/201155 Arrest WARRANT returned executed on 1/19/11 as to Raymond Sawyer. (ms) (Entered: 01/24/2011)
01/21/201157 APPEARANCE BOND POSTED as to Raymond Sawyer - $50,000 O/R. (ms) (Entered: 01/26/2011)
01/24/201156 NOTICE OF HEARING as to Defendant Raymond Sawyer (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Final Hearing re Probation set for 1/31/2011 at 09:00 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (pp) (mb). (Entered: 01/24/2011)
01/28/201158 NOTICE OF CANCELLED HEARING: Final revocation hearing on 1/31/11 at 9:00 a.m. as to Defendant Raymond Sawyer cancelled. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (pp) (Entered: 01/28/2011)
01/28/201159 NOTICE OF HEARING as to Defendant Raymond Sawyer (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Final Hearing re Revocation of Supervised Release set for 2/11/2011 at 09:00 AM in Courtroom 401 (JAR) before District Judge Julie A. Robinson. (pp) (Entered: 01/28/2011)
01/31/201160 AMENDED PETITION AND ORDER for Offender Under Supervision as to Raymond Sawyer Signed by District Judge Julie A. Robinson on 1/31/2011. (pp) (Additional attachment(s) added on 1/31/2011: # 1 Main Document) (ms). (Entered: 01/31/2011)
01/31/2011  SUMMONS ISSUED as to Raymond Sawyer for defendant to appear on 2/11/11 at 9:00 a.m. (ms) (Entered: 01/31/2011)
02/08/201161 ENTRY OF APPEARANCE on behalf of USA by Richard L. Hathaway (Hathaway, Richard) (Entered: 02/08/2011)
02/08/201162 MEMORANDUM OF LAW (Revocation Hearing Brief) by USA as to Raymond Sawyer (Hathaway, Richard). Modified on 2/10/2011 (ms). (Entered: 02/08/2011)
02/10/201163 RESPONSE re 62 Memorandum of Law (Revocation Hearing Brief) by Raymond Sawyer (Joseph, Christopher). Modified on 2/10/2011 (ms). (Entered: 02/10/2011)
02/10/201164 RESPONSE re 63 Response (Other) by USA as to Raymond Sawyer (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hathaway, Richard) (Entered: 02/10/2011)
02/11/201165 SUMMONS RETURNED UNEXECUTED as to Raymond Sawyer - subject appeared as required. (ms) (Entered: 02/11/2011)
02/11/201166 MINUTE ENTRY for proceedings held before District Judge Julie A. Robinson: FINAL PROBATION REVOCATION HEARING as to Raymond Sawyer held on 2/11/2011. (Court Reporter Harris.) (Attachments: # 1 Government Exhibit List, # 2 Defendant Exhibit List) (pp) (Entered: 02/14/2011)
02/22/201167 REVOCATION JUDGMENT as to Raymond Sawyer - Sentenced to a term of 9 months imprisonment. Signed by District Judge Julie A. Robinson on 2/22/2011. (pp) (Entered: 02/22/2011)