APPEAL, CLOSED

U.S. District Court
California Northern District (San Jose)
CRIMINAL DOCKET FOR CASE #: 5:00-cr-20035-RMW All Defendants


Case title: USA v. McDowell & Company, et al

Date Filed: 01/25/2000
Date Terminated: 09/02/2003

Assigned to: Judge Ronald M. Whyte

Defendant (1)
McDowell & Company, Inc.
TERMINATED: 09/02/2003
represented byCraig M. Brown
Craig M. Brown, Inc.
333 W. Santa Clara Street, Suite 1050
San Jose, CA 95113-1717
408-286-8844
Email: cmbtrialaw@aol.com
TERMINATED: 09/02/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Craig M. Brown
Singleton & Brown
333 West Santa Clara St
San Jose, CA 95113
(408) 286-8844
Email: cmbtrialaw@aol.com
TERMINATED: 09/02/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Nina Wilder
Weinberg & Wilder
523 Octavia St.
San Francisco, CA 94102
(415) 431-3472
Email: ninawilder@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
Defendant McDowell & Co. was sentenced as to Counts 1,2,3,5,12,13 and 16 of the superseding indictment and is placed on probation for 3 years, pay a fine of $750,000.00 and special assessment of $3,200.00.
18:1343 WIRE FRAUD
(2s-3s)
Defendant McDowell & Co. was sentenced as to Counts 1,2,3,5,12,13 and 16 of the superseding indictment and is placed on probation for 3 years, pay a fine of $750,000.00 and special assessment of $3,200.00.
18:1343 WIRE FRAUD
(5s)
Defendant McDowell & Co. was sentenced as to Counts 1,2,3,5,12,13 and 16 of the superseding indictment and is placed on probation for 3 years, pay a fine of $750,000.00 and special assessment of $3,200.00.
18:1341 MAIL FRAUD
(12s-13s)
Defendant McDowell & Co. was sentenced as to Counts 1,2,3,5,12,13 and 16 of the superseding indictment and is placed on probation for 3 years, pay a fine of $750,000.00 and special assessment of $3,200.00.
18:1341 MAIL FRAUD
(16s)
Defendant McDowell & Co. was sentenced as to Counts 1,2,3,5,12,13 and 16 of the superseding indictment and is placed on probation for 3 years, pay a fine of $750,000.00 and special assessment of $3,200.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
jury found the defendant not guilty on these counts
18:1343 FRAUD BY WIRE
(2-7)
jury found the defendant not guilty on these counts
18:1343 WIRE FRAUD
(4s)
jury found the defendant not guilty on these counts
18:1343 WIRE FRAUD
(6s-7s)
jury found the defendant not guilty on these counts
18:1341 MAIL FRAUD
(10-16)
jury found the defendant not guilty on these counts
18:1341 MAIL FRAUD
(10s-11s)
jury found the defendant not guilty on these counts
18:1341 MAIL FRAUD
(14s-15s)
jury found the defendant not guilty on these counts
18:1956 MONEY LAUNDERING
(18)
jury found the defendant not guilty on these counts
18:1956(h) CONSPIRACY TO LAUNDER MONETARY INSTRUMENT
(18s)
jury found the defendant not guilty on these counts
18:982 CRIMINAL FORFEITURE
(19)
jury found the defendant not guilty on these counts
18:982 CRIMINAL FORFEITURE
(19s)
jury found the defendant not guilty on these counts

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Ronald M. Whyte

Defendant (2)
Rusty McDowell
TERMINATED: 09/02/2003
represented byKatherine Wine
Folger Levin & Kahn LLP
275 Battery St
23rd Flr
San Francisco, CA 94111
415-986-2800
TERMINATED: 09/02/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Michael P. Gibson
Burleson, Pate & Gibson LLP
2414 N. Akard, Suite 700
Dallas, TX 75201-1750
(214) 871-4900
Fax: (214) 871-7543
Email: mgibson@bp-g.com
TERMINATED: 09/02/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Nina Wilder
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Patrick Sarsfield Hallinan ,
Hallinan & Wine
345 Franklin St
Third Floor
San Francisco, CA 94102

415-621-2400
Fax: 415-575-9930
Email: butchhallinan@hotmail.com
TERMINATED: 09/02/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
RE-SENTENCED and REDUCED the Defendant's sentence; 12 months and 1 day BOP custody; as to counts 1, 2,3,5,12,13, 14, & 16, all such terms to run concurrently; 3 years supervised release; Defendant shall reside for a period of 12 months in a halfway house, or similar residential facility. The defendant shall performs 100 hours of community service. The same special conditions of supervision previously imposed shall remain in effect; $25,000.00 in fine and $800.00 special assessment are reimposed, less any payments already made.
18:1343 WIRE FRAUD
(2s-3s)
RE-SENTENCED and REDUCED the Defendant's sentence; 12 months and 1 day BOP custody; as to counts 1, 2,3,5,12,13, 14, & 16, all such terms to run concurrently; 3 years supervised release; Defendant shall reside for a period of 12 months in a halfway house, or similar residential facility. The defendant shall performs 100 hours of community service. The same special conditions of supervision previously imposed shall remain in effect; $25,000.00 in fine and $800.00 special assessment are reimposed, less any payments already made.
18:1343 WIRE FRAUD
(5s)
RE-SENTENCED and REDUCED the Defendant's sentence; 12 months and 1 day BOP custody; as to counts 1, 2,3,5,12,13, 14, & 16, all such terms to run concurrently; 3 years supervised release; Defendant shall reside for a period of 12 months in a halfway house, or similar residential facility. The defendant shall performs 100 hours of community service. The same special conditions of supervision previously imposed shall remain in effect; $25,000.00 in fine and $800.00 special assessment are reimposed, less any payments already made.
18:1341 MAIL FRAUD
(12s-14s)
RE-SENTENCED and REDUCED the Defendant's sentence; 12 months and 1 day BOP custody; as to counts 1, 2,3,5,12,13, 14, & 16, all such terms to run concurrently; 3 years supervised release; Defendant shall reside for a period of 12 months in a halfway house, or similar residential facility. The defendant shall performs 100 hours of community service. The same special conditions of supervision previously imposed shall remain in effect; $25,000.00 in fine and $800.00 special assessment are reimposed, less any payments already made.
18:1341 MAIL FRAUD
(16s)
RE-SENTENCED and REDUCED the Defendant's sentence; 12 months and 1 day BOP custody; as to counts 1, 2,3,5,12,13, 14, & 16, all such terms to run concurrently; 3 years supervised release; Defendant shall reside for a period of 12 months in a halfway house, or similar residential facility. The defendant shall performs 100 hours of community service. The same special conditions of supervision previously imposed shall remain in effect; $25,000.00 in fine and $800.00 special assessment are reimposed, less any payments already made.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
defendant was found not guilty of all these counts
18:1343 FRAUD BY WIRE
(2-7)
defendant was found not guilty of all these counts
18:1343 WIRE FRAUD
(4s)
defendant was found not guilty of all these counts
18:1343 WIRE FRAUD
(6s-7s)
defendant was found not guilty of all these counts
18:1343 WIRE FRAUD
(8)
defendant was found not guilty of all these counts
18:1343 WIRE FRAUD
(8s)
defendant was found not guilty of all these counts
18:1341 MAIL FRAUD
(9)
defendant was found not guilty of all these counts
18:1341 MAIL FRAUD
(9s)
defendant was found not guilty of all these counts
18:1341 MAIL FRAUD
(10-16)
defendant was found not guilty of all these counts
18:1341 MAIL FRAUD
(10s-11s)
defendant was found not guilty of all these counts
18:1341 MAIL FRAUD
(15s)
defendant was found not guilty of all these counts
18:2314 INTERSTATE TRANSPORTATION OF STOLEN PROPERTY
(17)
defendant was found not guilty of all these counts
18:2314 INTERSTATE TRANSPORTATION OF STOLEN PROPERTY
(17s)
defendant was found not guilty of all these counts
18:1956 MONEY LAUNDERING
(18)
defendant was found not guilty of all these counts
18:1956(h) CONSPIRACY TO LAUNDER MONETARY INSTRUMENT
(18s)
defendant was found not guilty of all these counts
18:982 CRIMINAL FORFEITURE
(19)
defendant was found not guilty of all these counts
18:982 CRIMINAL FORFEITURE
(19s)
defendant was found not guilty of all these counts

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Ronald M. Whyte

Defendant (3)
Herbert Reese
TERMINATED: 07/28/2003
represented byFrank R. Ubhaus
Berliner Cohen
Ten Almaden Boulevard
Eleventh Floor
San Jose, CA 95113-2233
408/286-5800
Fax: 408-998-5388
Email: fru@berliner.com
TERMINATED: 07/28/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Manuel Campos
1233 West Shaw Avenue
102
Fresno, CA 93711-3718
559-221-0200
TERMINATED: 07/28/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Michael P. Gibson
(See above for address)
TERMINATED: 07/28/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:4 MISPRISION OF FELONY
(1ss)
Defendant is placed on probation for 3 years as to Count 1 of the Superseding Information and is ordered to pay a fine of $2500.00 and a special assessment of $100.00. Deft is further ordered to pay a restitution of $707,135.00 which i s jointly and severally with McDowell & Co and Rusty McDowell

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
on govt's motion all remaining counts are dismissed
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)
on govt's motion all remaining counts are dismissed
18:1343 FRAUD BY WIRE
(2-7)
on govt's motion all remaining counts are dismissed
18:1343 WIRE FRAUD
(2s-7s)
on govt's motion all remaining counts are dismissed
18:1341 MAIL FRAUD
(10-16)
on govt's motion all remaining counts are dismissed
18:1341 MAIL FRAUD
(10s-16s)
on govt's motion all remaining counts are dismissed
18:1956 MONEY LAUNDERING
(18)
on govt's motion all remaining counts are dismissed
18:1956(h) CONSPIRACY TO LAUNDER MONETARY INSTRUMENT
(18s)
on govt's motion all remaining counts are dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Miscellaneous
Applied Materials, Inc. represented byGary Evan Weiss
Orrick, Herrington & Sutcliffe LLP
1000 Marsh Road
Menlo Park, CA 94025
650/614-7445
Fax: (650) 614-7401
Email: gweiss@orrick.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Plaintiff
USA represented byJeffrey David Nedrow
United States Attorney's Office
NDCA, San Jose Division
150 Almaden Blvd., Suite 900
San Jose, CA 95113
408-535-5045
Email: jeff.nedrow@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/25/2000INDICTMENT by AUSA Jeffrey D. Nedrow. Counts filed against McDowell & Company (1) count(s) 1, 2-7, 10-16, 18, 19, Rusty McDowell (2) count(s) 1, 2-7, 8, 9, 10-16, 17, 18, 19, Herbert Reese (3) count(s) 1, 2-7, 10-16, 18 (cgb, COURT STAFF) (Entered: 01/28/2000)
01/27/2000  SUMMONS issued as to McDowell & Company, Rusty McDowell, Herbert Reese ;preliminary exam set for 9:30 2/10/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese before Mag. Judge Patricia V. Trumbull (cgb, COURT STAFF) (Entered: 01/28/2000)
02/10/2000MOTION before Judge Ronald M. Whyte for attorney Michael P. Gibson to appear pro hac vice by defendant Herbert Reese (cgb, COURT STAFF) (Entered: 02/17/2000)
02/10/2000ATTORNEY APPEARANCE for defendant Herbert Reese by Michael P. Gibson as to defendant Herbert Reese (cgb, COURT STAFF) (Entered: 02/17/2000)
02/10/2000  RECEIVED Proposed Order ( defendant Herbert Reese ) re: motion for attorney Michael P. Gibson to appear pro hac vice by defendant Herbert Reese [2-1] (cgb, COURT STAFF) (Entered: 02/17/2000)
02/10/2000MINUTES: filed on 2/14/00 before Mag. Judge Patricia V. Trumbull ; first appearance of McDowell & Company, Rusty McDowell, Herbert Reese , Attorney present; , dft McDowell & Company, Rusty McDowell, Herbert Reese arraigned; not guilty plea entered; Attorney present; , all pending motions will be heard by 9:00 3/6/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte ( C/R: Corinne Moore Tape No.: 027-00 PVT) (cgb, COURT STAFF) (Entered: 02/22/2000)
02/10/2000  Docket Modification (Administrative) to pre-trial conference will be held 2:00 4/6/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; Jury trial set for 1:30 4/17/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 02/22/2000)
02/14/2000ORDER by Mag. Judge Patricia V. Trumbull setting conditions of release for Herbert Reese (cgb, COURT STAFF) (Entered: 02/22/2000)
02/14/2000ORDER by Mag. Judge Patricia V. Trumbull setting conditions of release for Rusty McDowell (cgb, COURT STAFF) (Entered: 02/22/2000)
02/15/2000SUMMONS executed upon McDowell & Company on 2/3/00 (cm, COURT STAFF) (Entered: 02/29/2000)
02/15/2000MOTION before Judge Ronald M. Whyte to continue trial date on a finding of complexity by defendant Rusty McDowell (cm, COURT STAFF) (Entered: 02/29/2000)
02/15/2000ORDER by Judge Ronald M. Whyte granting motion for attorney Michael P. Gibson to appear pro hac vice by defendant Herbert Reese [2-1] (cm, COURT STAFF) (Entered: 02/29/2000)
02/16/200010 SUMMONS executed upon Rusty McDowell on 2/3/00 (cm, COURT STAFF) (Entered: 02/29/2000)
02/18/200011 JOINDER by defendant McDowell & Company re motion to continue trial date on a finding of complexity by defendant Rusty McDowell [8-1] (cm, COURT STAFF) (Entered: 02/29/2000)
02/23/200013 NON-OPPOSITION by Plaintiff USA to as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese motion to continue trial date on a finding of complexity by defendant Rusty McDowell [8-1] (cgb, COURT STAFF) (Entered: 03/09/2000)
02/25/200012 JOINDER by defendant Herbert Reese re motion to continue trial date on a finding of complexity by defendant Rusty McDowell [8-1] (cgb, COURT STAFF) (Entered: 03/09/2000)
03/06/200014 MINUTES: filed on 3/10/00 before Judge Ronald M. Whyte ; status hearing will be held at 9:00 6/19/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte as to defendant ( C/R: L. Shortridge) (cm, COURT STAFF) (Entered: 03/16/2000)
03/16/200015 ORDER by Judge Ronald M. Whyte status hearing will be held at 9:00 6/19/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 03/23/2000)
04/18/200016 MOTION before Judge Ronald M. Whyte :for travel to Hawaii from 4/15/00 to 4/23/00 by defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 05/08/2000)
04/18/200016 ORDER by Judge Ronald M. Whyte granting motion :for travel to Hawaii from 4/15/00 to 4/23/00 by defendant Rusty McDowell [16-1] (cgb, COURT STAFF) (Entered: 05/08/2000)
05/02/200017 STIPULATION to order re production of relevant applied materials documents as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 05/16/2000)
05/02/2000  RECEIVED Proposed order submitted by Plaintiff USA re: [17-1] (cgb, COURT STAFF) (Entered: 05/16/2000)
06/07/200021 APPLICATION AND ORDER by Mag. Judge Patricia V. Trumbull :for travel to Rome, Italy from 6/25//00 to 7/6/00 as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/28/2000)
06/09/200018 CLERK'S NOTICE status hearing will be held at 3:00 6/20/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; Trial setting hearing will be held at 3:00 6/20/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 07/20/2000)
06/20/200019 MINUTES: filed on 6/22/00 before Judge Ronald M. Whyte ; Trial setting hearing will be held at 9:00 9/18/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 07/20/2000)
06/22/200020 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/20/2000)
07/24/200022 ORDER by Mag. Judge Patricia V. Trumbull :for travel to Hawaii from 8/12/00 to 8/28/00 as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/28/2000)
07/25/200023 ORDER by Judge Ronald M. Whyte status hearing will be held at 9:00 9/18/00 for McDowell & Company, for Rusty McDowell, Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 08/28/2000)
09/18/200024 MINUTES: filed on 9/26/00 before Judge Ronald M. Whyte ; status hearing will be held at 9:00 10/30/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 10/12/2000)
09/29/2000  RECEIVED Proposed Order setting status conference and excluding time ( ) (cm, COURT STAFF) (Entered: 10/24/2000)
10/03/200025 ORDER by Judge Ronald M. Whyte Trial setting hearing will be held at 9:00 10/30/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte as to defendant , and to exclude time from 9/18/00 and 10/30/00 as to defendant (cm, COURT STAFF) (Entered: 10/24/2000)
10/25/200026 SEALED document (cm, COURT STAFF) (Entered: 11/03/2000)
10/30/200027 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell for issuance of subpoena with Notice set for n (cm, COURT STAFF) (Entered: 11/06/2000)
10/30/200028 ORDER by Mag. Judge Edward A. Infante re [27-1] (cm, COURT STAFF) (Entered: 11/06/2000)
11/03/200029 NOTICE by defendant Rusty McDowell of change of firm name (cm, COURT STAFF) (Entered: 11/06/2000)
11/06/200030 ORDER by Judge Ronald M. Whyte status hearing will be held at 9:00 11/13/00 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte as to defendant , and to exclude time from 10/30/00 and 11/13/00 (cm, COURT STAFF) (Entered: 11/08/2000)
11/13/200031 MINUTES: filed on 11/16/00 before Judge Ronald M. Whyte ; status hearing will be held at 9:00 1/8/01 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte , and to exclude time from 11/13/00 to 1/8/01 as to defendant ( C/R: L. Shortridge) (cm, COURT STAFF) (Entered: 11/22/2000)
11/21/200032 ORDER that defendant Rusty McDowell is excused from personally appearing at future status conferences and hearings upon questions of law, but he shall be present at all evidentiary hearings and for trial and at any other conference or hearing at which the court orders his appearance by Judge Ronald M. Whyte (cm, COURT STAFF) (Entered: 11/28/2000)
12/11/2000  RECEIVED letter to Ms.Peralta from Kenneth H. Wine re: continue date for return of subpoena to 1/22/00 at 2:00 p.m. before Chief Magistrate Judge Edward A. Infante (mmr, COURT STAFF) (Entered: 12/13/2000)
01/08/200134 MINUTES: filed on 1/17/01 before Judge Ronald M. Whyte; /Motions Hearing/Status hearing will be held at 9:00 a.m. on 3/5/01 for McDowell & Company, for Rusty McDowell, for Herbert Reese; before Judge Ronald M. Whyte; Time is excluded from 1/8/01 to 1/22/01, government to prepare order ( C/R: Lee-Anne Shortridge) (mmr, COURT STAFF) (Entered: 01/19/2001)
01/10/200133 ORDER by Judge Ronald M. Whyte status hearing will be held at 9:00 3/5/01 for McDowell & Company, for Rusty McDowell, for Herbert Reese; before Judge Ronald M. Whyte , request to exclude time from 1/8/01 to 3/5/01 granted (mmr, COURT STAFF) (Entered: 01/16/2001)
02/07/200135 LETTER dated 2/6/01 addressed to Courtroom Clerk for Mag. Infante from Kenneth Wine re documents responsive to subpoenaes. (cgb, COURT STAFF) (Entered: 02/08/2001)
02/07/200136 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell :for travel to Puerto Rico from 3/3/01 to 3/12/01 (cgb, COURT STAFF) (Entered: 02/08/2001)
02/07/200136 ORDER by Judge Ronald M. Whyte granting motion :for travel to Puerto Rico from 3/3/01 to 3/12/01 [36-1] (cgb, COURT STAFF) (Entered: 02/08/2001)
02/07/200137 STIPULATION and ORDER by Judge Ronald M. Whyte continuing pre-trial conference and pretrial motions will be heard by 9:00 3/26/01 for Rusty McDowell ; before Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 02/08/2001)
02/09/200138 ORDER by Mag. Judge Patricia V. Trumbull re violation of conditions of pretrial release as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 02/14/2001)
03/26/2001  RECEIVED Order setting status conference as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 03/27/2001)
03/26/200139 MINUTES: filed on 4/11/01 before Judge Ronald M. Whyte ; all pending motions will be heard by 9:00 6/4/01 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) Modified on 04/19/2001 (Entered: 04/19/2001)
03/29/200140 ORDER by Judge Ronald M. Whyte status hearing will be held at 6/4/01 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte (cgb, COURT STAFF) Modified on 04/19/2001 (Entered: 03/30/2001)
04/11/200141 MOTION before Judge Ronald M. Whyte by defendant Herbert Reese :for travel to continental USA from 4/25/01 to 5/5/01 (cgb, COURT STAFF) Modified on 04/19/2001 (Entered: 04/19/2001)
04/11/200141 ORDER by Judge Ronald M. Whyte granting motion :for travel to continental USA from 4/25/01 to 5/5/01 [22-1] (cgb, COURT STAFF) Modified on 04/19/2001 (Entered: 04/19/2001)
05/07/200142 MOTION before Judge Ronald M. Whyte by defendant McDowell & Company, defendant Rusty McDowell for a bill of particulars (cgb, COURT STAFF) Modified on 05/15/2001 (Entered: 05/09/2001)
05/07/200143 MOTION before Judge Ronald M. Whyte by defendant McDowell & Company, defendant Rusty McDowell to dismiss indictment (cgb, COURT STAFF) Modified on 05/15/2001 (Entered: 05/09/2001)
05/07/200144 MOTION before Judge Ronald M. Whyte by defendant Herbert Reese for a bill of particulars (cgb, COURT STAFF) Modified on 05/15/2001 (Entered: 05/09/2001)
05/07/200145 MOTION before Judge Ronald M. Whyte by defendant Herbert Reese to dismiss indictment (cgb, COURT STAFF) Modified on 05/15/2001 (Entered: 05/09/2001)
05/21/200146 OPPOSITION by Plaintiff USA to as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese motion to dismiss indictment [45-1], motion to dismiss indictment [43-1] (cgb, COURT STAFF) Modified on 06/05/2001 (Entered: 05/22/2001)
05/21/200147 OPPOSITION by Plaintiff USA to as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese motion for a bill of particulars [44-1], motion for a bill of particulars [42-1] (cgb, COURT STAFF) Modified on 06/05/2001 (Entered: 05/22/2001)
05/22/200148 SUPERSEDING indictment McDowell & Company (1) count(s) 1s, 2s-7s, 10s-16s, 18s, 19s, Rusty McDowell (2) count(s) 1s, 2s-7s, 8s, 9s, 10s-16s, 17s, 18s, 19s, Herbert Reese (3) count(s) 1s, 2s-7s, 10s-16s, 18s (cgb, COURT STAFF) Modified on 06/05/2001 (Entered: 05/30/2001)
05/24/200149 SUPPLEMENTAL filing by Plaintiff USA re motion to dismiss indictment [45-1], re motion for a bill of particulars [44-1], re motion to dismiss indictment [43-1] (cgb, COURT STAFF) (Entered: 06/21/2001)
06/04/200150 MINUTES: filed on 6/5/01 before Judge Ronald M. Whyte ; pre-trial conference will be held 2:00 2/7/02 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; Jury trial set for 1:30 2/19/02 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; all pending motions will be heard by 9:00 12/3/01 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/21/2001)
06/11/200151 ORDER by Judge Ronald M. Whyte denying motion to dismiss indictment [45-1] as to defendant McDowell & Company, defendant Rusty McDowell, denying motion for a bill of particulars [44-1], denying motion to dismiss indictment [43-1], denying motion for a bill of particulars [42-1] (cgb, COURT STAFF) (Entered: 06/21/2001)
06/12/200152 ORDER by Judge Ronald M. Whyte to exclude time as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 06/21/2001)
06/21/200154 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell :for travel to Hawaii from 7/17/01 to 7/27/01 (cgb, COURT STAFF) (Entered: 07/23/2001)
07/10/200153 REPORTER'S TRANSCRIPT; Date of proceedings: 6/4/01 ( C/R: Lee Anne Shortridge) as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/12/2001)
09/05/200155 ORDER by Judge Ronald M. Whyte :for travel to Europe from September 5, 2001 to Sept 16, 2001 as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 10/03/2001)
09/06/200156 DECLARATION of Counsel for Latee Filing of Travel Order by Kenneth H. Wine on behalf of defendant Rusty McDowell as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 10/03/2001)
11/20/200157 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell to continue trial date (cgb, COURT STAFF) (Entered: 11/21/2001)
11/20/2001  RECEIVED Proposed Order ( defendant Rusty McDowell ) re: motion to continue trial date [57-1] as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 11/21/2001)
11/26/200158 RESPONSE by Plaintiff USA re motion to continue trial date [57-1] as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 11/27/2001)
11/30/200159 NOTICE by defendant Herbert Reese of motion to accept waiver of appearance by Herbert Reese (cgb, COURT STAFF) (Entered: 12/03/2001)
11/30/200160 MOTION before Judge Ronald M. Whyte by defendant Herbert Reese to accept waiver of appearance (cgb, COURT STAFF) (Entered: 12/03/2001)
11/30/2001  RECEIVED Proposed Order ( defendant Herbert Reese ) re: motion to accept waiver of appearance [60-1] as to defendant Herbert Reese (cgb, COURT STAFF) (Entered: 12/03/2001)
12/10/200161 ORDER by Judge Ronald M. Whyte granting motion to accept waiver of appearance [60-1] (cfe, COURT STAFF) (Entered: 12/13/2001)
12/28/200162 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell :for travel to Europe from 1/12/02 to 1/26/02 (cgb, COURT STAFF) (Entered: 12/28/2001)
12/28/200162 ORDER by Judge Ronald M. Whyte granting motion :for travel to Europe from 1/12/02 to 1/26/02 [62-1] (cgb, COURT STAFF) Modified on 12/28/2001 (Entered: 12/28/2001)
01/08/200264 MOTION before Judge Ronald M. Whyte by defendant Herbert Reese :for travel to Italy from 1/12/03 to 1/26/02 (cgb, COURT STAFF) (Entered: 01/09/2002)
01/08/2002  RECEIVED Proposed Order ( defendant Herbert Reese ) re: motion :for travel to Italy from 1/12/03 to 1/26/02 [64-1] (cgb, COURT STAFF) (Entered: 01/09/2002)
01/09/200265 ORDER by Mag. Judge Patricia V. Trumbull granting motion :for travel to Italy from 1/12/03 to 1/26/02 [64-1] (cgb, COURT STAFF) (Entered: 01/11/2002)
01/17/200266 ORDER by Judge Ronald M. Whyte before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese , to exclude time from Dec 3 2001 to March 11, 2002. (cgb, COURT STAFF) (Entered: 01/18/2002)
01/24/200267 ORDER by Mag. Judge Patricia V. Trumbull modifying conditions of Pretrial Release as to defendant Herbert Reese (cfe, COURT STAFF) (Entered: 01/25/2002)
02/27/200268 MOTION before Mag. Judge Patricia V. Trumbull by defendant Herbert Reese to waive appearance (cgb, COURT STAFF) (Entered: 02/27/2002)
02/27/2002  RECEIVED Proposed Order ( defendant Herbert Reese ) re: motion to waive appearance [68-1] (cgb, COURT STAFF) (Entered: 02/27/2002)
03/01/200269 STATUS CONFERENCE STATEMENT by defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 03/01/2002)
03/06/200270 STATUS CONFERENCE STATEMENT by defendant Herbert Reese (cgb, COURT STAFF) (Entered: 03/06/2002)
03/06/200271 ORDER by Judge Ronald M. Whyte granting motion to waive appearance [68-1] by Herbert Reese (cgb, COURT STAFF) (Entered: 03/07/2002)
03/07/200272 STATUS CONFERENCE STATEMENT by defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 03/07/2002)
03/08/200273 STATUS CONFERENCE STATEMENT by Plaintiff USA (cgb, COURT STAFF) (Entered: 03/11/2002)
03/11/200274 MINUTES: filed on 3/13/02 before Judge Ronald M. Whyte ; pre-trial conference will be held 2:00 7/11/02 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; Jury trialwill be re Company, for Rusty McDowell, for Herbert Reese ; ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 03/13/2002)
06/11/2002  RECEIVED Order setting dates and excluding time (cgb, COURT STAFF) (Entered: 06/12/2002)
06/13/2002  RECEIVED Status statement and stipulation and order vacating status conference submitted by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 06/14/2002)
06/13/200275 NOTICE by defendant McDowell & Company counsel of change of address as to defendant McDowell & Company (cgb, COURT STAFF) (Entered: 06/19/2002)
06/19/200276 ORDER SETTING DATES AND EXCLUDING TIME by Judge Ronald M. Whyte status hearing will be held at 9:00 6/24/02 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; pre-trial conference will be held 2:00 7/11/02 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte , to exclude time from 3/11/02 to 7/29/02 as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cfe, COURT STAFF) (Entered: 06/21/2002)
06/25/200277 STATUS STATEMENT and stipulation and order vacating status conference by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 06/27/2002)
07/08/200278 DESIGNATION OF WITNESS(ES) submitted by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200279 EXHIBIT list by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200280 VOIR DIRE submitted by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200281 Position regarding Applied Materials proposed stipulation and order re use of confidential documents at trial as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200282 PRETRIAL BRIEF FILED by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200283 JURY INSTRUCTIONS submitted by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200284 VERDICT FORM (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200285 MOTION before Judge Ronald M. Whyte by Non-party Applied Materials for order governing the use for disclosure of and presentation of its confidential documents during and after trial with Notice set for 7/22/02 at 9 am (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200286 DECLARATION by Matthew H. Poppe on behalf of non party re motion for order governing the use [85-1], re motion for disclosure of and presentation of its confidential documents during and after trial [85-2] (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200287 DECLARATION by James McMahon on behalf of Unknown Applied Materials (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200288 DECLARATION by Juanita Efert on behalf of Unknown Applied Materials re motion for order governing the use [85-1] as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200289 DECLARATION by Michael Rosenstein on behalf of Unknown Applied Materials (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200290 DECLARATION by Erwin Polar on behalf of Unknown Applied Materials re motion for order governing the use [85-1], re motion for disclosure of and presentation of its confidential documents during and after trial [85-2] (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200291 DECLARATION by Clifford Stow on behalf of Unknown Applied Materials re motion for order governing the use [85-1], re motion for disclosure of and presentation of its confidential documents during and after trial [85-2] (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200292 DECLARATION by Gary E. Weiss on behalf of Unknown Applied Materials re motion for order governing the use [85-1], re motion for disclosure of and presentation of its confidential documents during and after trial [85-2] (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200293 SEALED document by Unknown Applied Materials (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200294 SEALED document by Unknown Applied Materials (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200295 SEALED document by Unknown Applied Materials (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/200296 SEALED document by Unknown Applied Materials (cgb, COURT STAFF) (Entered: 07/09/2002)
07/08/2002  RECEIVED Proposed Order ( Unknown Applied Materials ) re: motion for order governing the use [85-1], re: motion for disclosure of and presentation of its confidential documents during and after trial [85-2] (cgb, COURT STAFF) (Entered: 07/09/2002)
07/09/200297 REQUEST by Unknown Applied Materials to have documents filed under seal (cgb, COURT STAFF) (Entered: 07/10/2002)
07/09/2002  RECEIVED Proposed Order ( Unknown Applied Materials ) re: request [97-1] as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/10/2002)
07/11/200298 MINUTES: filed on 7/12/2 before Judge Ronald M. Whyte ; pre-trial conference held before Judge Ronald M. Whyte , to exclude time from 7/11/02 to 9/3/02 as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese ( C/R: Lee-Anne Shortridge) (cfe, COURT STAFF) (Entered: 07/15/2002)
07/15/2002105 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell :for travel to Hawaii from 7/18/02 to 7/28/02 (cgb, COURT STAFF) (Entered: 07/22/2002)
07/16/200299 DECLARATION by Gary E. Weiss on behalf of Applied Materials re motion for order governing the use [85-1] (cfe, COURT STAFF) (Entered: 07/17/2002)
07/16/2002100 REPLY by Applied Materials re motion for order governing the use [85-1] (cfe, COURT STAFF) (Entered: 07/17/2002)
07/16/2002101 DECLARATION by Grace Bishel re motion for order governing the use [85-1] (cfe, COURT STAFF) (Entered: 07/17/2002)
07/16/2002102 DECLARATION OF SERVICE by Applied Materials (cfe, COURT STAFF) (Entered: 07/17/2002)
07/16/2002103 DECLARATION OF SERVICE by Applied Materials (cfe, COURT STAFF) (Entered: 07/17/2002)
07/16/2002104 DECLARATION OF SERVICE by Applied Materials (cfe, COURT STAFF) (Entered: 07/17/2002)
07/16/2002105 ORDER by Judge Ronald M. Whyte granting motion :for travel to Hawaii from 7/18/02 to 7/28/02 [105-1] (cgb, COURT STAFF) (Entered: 07/22/2002)
07/22/2002106 STIPULATION and ORDER by Judge Ronald M. Whyte continuing as to defendant Rusty McDowell , all pending motions will be heard by 9:00 8/19/02 for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 07/23/2002)
07/22/2002107 MINUTES: filed on 7/24/02 before Judge Ronald M. Whyte ; motion hearing held before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 07/26/2002)
07/26/2002  RECEIVED Order continuing trial date and exclude time as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/29/2002)
08/08/2002108 ORDER by Judge Ronald M. Whyte continuing as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese , Jury trial set for 1:30 9/3/02 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 08/12/2002)
08/28/2002109 Text not available. (Entered: 08/30/2002)
08/28/2002109 STIPULATION and ORDER by Judge Ronald M. Whyte continuing Jury trial set for 1:30 9/30/02 for McDowell & Company, for Rusty McDowell, for Herbert Reese ; before Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 08/30/2002)
09/16/2002110 DESIGNATION OF WITNESS(ES) submitted by defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002111 EXHIBIT list by defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002112 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell in limine govt exhibits (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002113 MOTION before Judge Ronald M. Whyte by defendant McDowell & Company in limine to exclude from evidence any and all testimonies (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002114 MEMORANDUM by defendant Rusty McDowell in support of motion in limine to exclude from evidence any and all testimonies [113-1] (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002115 DECLARATION by Craig M. Brown on behalf of defendant McDowell & Company re motion in limine govt exhibits [112-1] as to defendant McDowell & Company (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002116 EX-PARTE APPLICATION before Judge Ronald M. Whyte by defendant McDowell & Company to seal Settlement Agreement and Permanent Order (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002  RECEIVED Proposed Order ( defendant McDowell & Company ) re: motion to seal Settlement Agreement and Permanent Order [116-1] (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002117 REVISED DESIGNATION OF WITNESS(ES) submitted by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002118 MOTION before Judge Ronald M. Whyte by USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese in limine to exclude evidence of reverse engineering (cgb, COURT STAFF) (Entered: 09/17/2002)
09/16/2002119 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 09/17/2002)
09/18/2002120 SEALED document by Plaintiff USA as to defendant McDowell & Company (cgb, COURT STAFF) (Entered: 09/24/2002)
09/18/2002121 SEALED document by Plaintiff USA as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/24/2002)
09/19/2002122 SEALED document by defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/24/2002)
09/19/2002123 OPPOSITION by defendant Rusty McDowell to motion in limine to exclude evidence of reverse [118-1] (cgb, COURT STAFF) (Entered: 09/24/2002)
09/23/2002124 JOINT request by defendants' for specific voir dire questions to the jury panel by Herbert Reese (cgb, COURT STAFF) (Entered: 09/24/2002)
09/23/2002125 ORDER by Judge Ronald M. Whyte re settlement agreement and permanent order (cgb, COURT STAFF) (Entered: 09/24/2002)
09/23/2002126 SEALED document by defendant McDowell & Company (cgb, COURT STAFF) (Entered: 09/24/2002)
09/24/2002127 OBJECTIONS by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese to proposed voir dire (cgb, COURT STAFF) (Entered: 09/25/2002)
09/24/2002128 SUR-REPLY MEMORANDUM by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese motion in limine re govt theory of case (cgb, COURT STAFF) (Entered: 09/25/2002)
09/24/2002137 REPLY by defendant Rusty McDowell to opposition to motion in limine to exclude from evidence any and all testimonies [113-1], motion in limine govt exhibits [112-1] (dhm, COURT STAFF) (Entered: 09/30/2002)
09/25/2002129 JOINTLY REQUESTED JURY INSTRUCTIONS submitted by defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 09/26/2002)
09/25/2002130 OPPOSITION by Plaintiff USA to as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese jury [129-1] (cgb, COURT STAFF) (Entered: 09/26/2002)
09/25/2002131 REPORTER'S TRANSCRIPT; Date of proceedings: 7/22/02 ( C/R: Lee Anne Shortridge) as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 09/26/2002)
09/27/2002132 RESPONSE by defendant Rusty McDowell re memorandum [128-1] (cgb, COURT STAFF) (Entered: 09/27/2002)
09/27/2002133 REPLY memorandum in support by defendant McDowell & Company re motion in limine to exclude from evidence any and all testimonies [113-1], re motion in limine govt exhibits [112-1] as to defendant McDowell & Company (cgb, COURT STAFF) (Entered: 09/30/2002)
09/30/2002134 SECOND JOINTLY requested jury instructions by defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/30/2002)
09/30/2002135 RESPONSE by defendant Rusty McDowell to U.S. opposition to requested jury instructions (cgb, COURT STAFF) (Entered: 09/30/2002)
09/30/2002136 OPPOSITION by Plaintiff USA to as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese response [132-1] brief. (cgb, COURT STAFF) (Entered: 09/30/2002)
10/01/2002138 SUPERSEDING Information naming Herbert Reese Herbert Reese (3) count(s) 1ss (cgb, COURT STAFF) (Entered: 10/01/2002)
10/01/2002139 MINUTES: filed on 10/1/02 before Judge Ronald M. Whyte ; Herbert Reese enters guilty plea; Herbert Reese (3) count(s) 1ss , sentencing hearing will be held at 9:00 1/6/03 for Herbert Reese ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 10/02/2002)
10/01/2002140 WAIVER of INDICTMENT by defendant Herbert Reese (cgb, COURT STAFF) (Entered: 10/02/2002)
10/01/2002141 PLEA Agreement as to Herbert Reese (cgb, COURT STAFF) (Entered: 10/02/2002)
10/02/2002144 MINUTES: filed on 10/7/02 before Judge Ronald M. Whyte ; granting in part and denying in part motion in limine re admissibility of evidence seized [142-1], denying motion in limine to exclude evidence of reverse [118-1] as to defendant, denying motion in limine to exclude from evidence any and all testimonies [113-1] as to defendant McDowell & Company, defendant Rusty McDowell, granting in part and denying in part motion in limine govt exhibits [112-1] ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 10/09/2002)
10/03/2002230 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; voir dire begins Jury trial set for 1:00 10/7/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/04/2002142 MOTION before Judge Ronald M. Whyte by USA as to defendant McDowell & Company, defendant Rusty McDowell in limine re admissibility of evidence seized (cgb, COURT STAFF) (Entered: 10/04/2002)
10/07/2002143 EXHIBIT list by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 10/08/2002)
10/07/2002231 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial began , Jury trial held Jury trial set for 8:00 10/8/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/09/2002145 ORDER by Judge Ronald M. Whyte governing the use, disclosure and presentation of Aplied Materials Inc's confidential blueprints and other confidential documents during and after trial (cgb, COURT STAFF) (Entered: 10/11/2002)
10/09/2002232 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 8:00 10/9/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/10/2002146 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 10/15/2002)
10/16/2002233 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 8:00 10/16/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/16/2002234 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held. Further jury trial set 10/17/02 at 8:00 am for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/21/2002235 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial set for 1:00 10/21/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte ( C/R: Peter Torreano) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/22/2002236 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 8:00 10/22/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell ( C/R: Lee ANne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/22/2002237 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 1:00 10/28/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/28/2002147 Proposed redactions re EXHIBITS 2-6 by the plaintiff (cgb, COURT STAFF) (Entered: 10/29/2002)
10/28/2002148 PROOF OF SERVICE by Applied Materials of Scheduling order governing the use, disclosure and presentation of Aplied Materials Inc's confidential blueprints and other confidential documents during and after trial [145-1] as to defendant McDowell & Company (cgb, COURT STAFF) (Entered: 10/30/2002)
10/28/2002149 PROOF OF SERVICE by Unknown Applied Materials of order [145-2] as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 10/30/2002)
10/29/2002150 BRIEF 29 FILED on elements of mail and wire fraud by defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 10/30/2002)
10/29/2002151 REPLY Rule 29 brief on elements of mail and wire fruad by defendant Rusty McDowell as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 10/30/2002)
10/29/2002238 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 8:00 10/29/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/29/2002239 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 8:00 10/30/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte ( C/R: Lee ANne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/30/2002152 OPPOSITION by Plaintiff USA to motion for judgment of acquittal as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 10/31/2002)
10/30/2002240 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 8:00 10/31/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
10/31/2002241 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 1:00 11/4/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
11/01/2002153 REQUEST before Judge Ronald M. Whyte by USA as to defendant McDowell & Company, defendant Rusty McDowell for reconsideration on the scheme to defraud instruction (cfe, COURT STAFF) Modified on 11/07/2002 (Entered: 11/07/2002)
11/01/2002154 REQUEST before Judge Ronald M. Whyte by USA as to defendant McDowell & Company, defendant Rusty McDowell RE: reverse engineering (cfe, COURT STAFF) Modified on 11/07/2002 (Entered: 11/07/2002)
11/01/2002155 REQUEST before Judge Ronald M. Whyte by USA as to defendant McDowell & Company, defendant Rusty McDowell RE: Definition of Confidential Information (cfe, COURT STAFF) (Entered: 11/07/2002)
11/04/2002156 RESPONSE by Plaintiff USA re "Good Faith" Jury Instruction [129-1] as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 11/07/2002)
11/04/2002157 OBJECTIONS to the court's preinstruction on mail and wire fraud by defendant Rusty McDowell as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 11/07/2002)
11/04/2002158 DEFENDANT'S THIRD jointly requested jury instruction before Judge Ronald M. Whyte by defendant Rusty McDowell on mail and wire fraud, etc. (cfe, COURT STAFF) (Entered: 11/07/2002)
11/04/2002159 EMAIL BRIEF FILED by defendant Rusty McDowell as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 11/07/2002)
11/04/2002242 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held , Jury trial set for 8:00 11/5/02 for McDowell & Company ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
11/05/2002243 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 10:00 11/6/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
11/06/2002160 OBJECTIONS by defendant Rusty McDowell, defendant McDowell & Company as to defendant Rusty McDowell, defendant McDowell & Company to the Court's proposed instructions. (sr, COURT STAFF) (Entered: 11/08/2002)
11/06/2002161 MOTION before Judge Ronald M. Whyte by USA as to defendant McDowell & Company, defendant Rusty McDowell for definition of "mails in mail fraud instruction (cgb, COURT STAFF) (Entered: 11/08/2002)
11/06/2002244 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held Jury trial set for 8:00 11/7/02 for McDowell & Company ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
11/07/2002245 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; Jury trial held as to defendant McDowell & Company, defendant Rusty McDowell . Closing arguments began. Jurors were excused to deliberate. ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
11/07/2002  Docket Modification (Administrative) to Jury trial ended (cgb, COURT STAFF) (Entered: 06/25/2003)
11/12/2002246 MINUTES: filed on 6/25/03 before Judge Ronald M. Whyte ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell after two days of deliberations, jury came back with the verdict. The defendants were found guilty of Counts 1,2,3,5 and 12, 13, 14, and 15 Status hearing will be held at 9:00 11/18/02 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 06/25/2003)
11/13/2002162 REPORTER'S TRANSCRIPT; Date of proceedings: 10/9/02 ( C/R: Lee Anne Shortridge) as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 11/14/2002)
11/13/2002163 REPORTER'S TRANSCRIPT; Date of proceedings: 10/17/02 ( C/R: Peter Torreano) as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 11/14/2002)
11/13/2002164 REPORTER'S TRANSCRIPT; Date of proceedings: 10/16/02 ( C/R: Lee Anne Shortridge) as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 11/14/2002)
11/13/2002165 REPORTER'S TRANSCRIPT; Date of proceedings: 10/31/02 ( C/R: Lee Anne Shortridge) as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 11/14/2002)
11/13/2002166 REPORTER'S TRANSCRIPT; Date of proceedings: 11/4/02 ( C/R: Lee-Anne Shortridge) as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 11/14/2002)
11/14/2002167 LETTER dated 10/22/2 from Applied Materials Inc. requesting trial exhibits to be filed under seal. (sr, COURT STAFF) Modified on 11/15/2002 (Entered: 11/15/2002)
11/14/2002168 LETTER dated 11/7/2 from Applied Materials requesting trial exhibits filed under seal. (sr, COURT STAFF) Modified on 11/15/2002 (Entered: 11/15/2002)
11/14/2002169 JURY INSTRUCTIONS (sr, COURT STAFF) (Entered: 11/15/2002)
11/18/2002170 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell for judgment of acquittal (cgb, COURT STAFF) (Entered: 11/18/2002)
11/18/2002171 ORDER by Judge Ronald M. Whyte RE: Skolek records (sr, COURT STAFF) (Entered: 11/19/2002)
11/18/2002172 MINUTES: filed on 11/19/02 before Judge Ronald M. Whyte ; defendant's briefs due by 12/16/02 for McDowell & Company, for Rusty McDowell and Rule 29 and 33 motions will be heard by 9:00 1/6/03 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 11/20/2002)
11/19/2002173 VERDICT for Plaintiff USA against defendant McDowell & Company, defendant Rusty McDowell are as follows: Counts 1, 2, 3, 5,12, 13,14,16 are found GUILTY by jury as to McDowell & Company and Rusty McDowell. Jury found NOT GUILTY as to Counts 4, 6,7,10,11,14,15 and to McDowell Company and Rusty Mc Dowell. Further, the jury found Rusty McDowell NOT GUILTY as to Counts 8, 9 and 17. (cgb, COURT STAFF) (Entered: 11/20/2002)
12/16/2002174 POST-TRIAL RULE 29 MEMORANDUM by defendant McDowell & Company, defendant Rusty McDowell re: motion for judgment of acquittal [170-1] not withstanding the verdict; memo for a new trial re: Rule 33 (sr, COURT STAFF) (Entered: 12/16/2002)
12/30/2002175 OPPOSITION by Plaintiff USA to as to defendant McDowell & Company, defendant Rusty McDowell memorandum [174-1] (sr, COURT STAFF) (Entered: 01/02/2003)
12/30/2002176 OPPOSITION by Plaintiff USA to defendant Rusty McDowell's application for travel and modification of bail (dft's motion not found) (sr, COURT STAFF) (Entered: 01/02/2003)
01/06/2003178 MINUTES: filed on 1/8/03 before Judge Ronald M. Whyte ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell that the motion for judgment of acquittal [170-1] is submitted ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) Modified on 02/26/2003 (Entered: 01/09/2003)
01/07/2003177 STIPULATION and ORDER by Judge Ronald M. Whyte sentencing hearing will be held at 9:00 3/31/03 for Herbert Reese ; before Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 01/07/2003)
01/14/2003179 ORDER by Judge Ronald M. Whyte :for travel to Europe from 1/15/3 to 1/27/3 as to defendant Rusty McDowell (sr, COURT STAFF) (Entered: 01/15/2003)
01/14/2003180 DECLARATION by Attorney for Defendant on behalf of defendant McDowell & Company, defendant Rusty McDowell re Scheduling order :for travel to Europe from 1/15/3 to 1/27/3 as to defendant Rusty McDowell [179-1], re order [179-2] (sr, COURT STAFF) (Entered: 01/15/2003)
03/04/2003181 MOTION before Judge Ronald M. Whyte by defendant Herbert Reese to extend time to file objections to presentence report and extention of sentencing dated. (cgb, COURT STAFF) (Entered: 03/06/2003)
03/17/2003  STIPULATION of parties to continue sentencing date and proposed order as to defendant McDowell & Company, defendant Rusty McDowell (sr, COURT STAFF) (Entered: 03/18/2003)
03/20/2003182 STIPULATION and ORDER by Judge Ronald M. Whyte granting stipulation [0-1] sentencing hearing will be held at 9:00 4/21/03 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte (sr, COURT STAFF) (Entered: 03/20/2003)
03/28/2003183 STIPULATION and ORDER by Judge Ronald M. Whyte continuing sentencing date as to defendant Herbert Reese , sentencing hearing will be held at 9:00 5/12/03 for Herbert Reese ; before Judge Ronald M. Whyte (sr, COURT STAFF) (Entered: 03/31/2003)
03/31/2003  RECEIVED Declaration and proposed order continuing sentencing date submitted by defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/01/2003)
04/02/2003184 DECLARATION by Kenneth H. Wine on behalf of defendant Rusty McDowell re Scheduling order continuing sentencing date as McDowell & Company and defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/04/2003)
04/09/2003185 OBJECTIONS and corrections by defendant Herbert Reese to presentence report (cgb, COURT STAFF) (Entered: 04/09/2003)
04/09/2003186 STATEMENT by defendant Herbert Reese in opposition to proposed presentence report (cgb, COURT STAFF) (Entered: 04/09/2003)
04/18/2003189 SENTENCING memorandum filed by Rusty McDowell as to defendant Rusty McDowell (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003187 JOINDER in administrative request by USA to have documents filed under seal by non-party Applied Materials (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003188 PROOF OF SERVICE by Applied Materials of join/joinder [187-1] (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003190 DECLARATION by Lisa-Anne Do re: sentencing (redacted for public file) on behalf of Plaintiff USA (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003191 DECLARATION by Michael Rosenstein re: sentencing (redacted for public file) on behalf of Plaintiff USA (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003192 DECLARATION by Matthew H. Poppe re: sentencing (redacted for public file) on behalf of Plaintiff USA (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003193 DECLARATION by Todd Gomes re: sentencing (redacted for public) on behalf of Plaintiff USA (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003194 DECLARATION of Gary Weiss re: sentencing by on behalf of Plaintiff USA (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003195 DECLARATION by Clifford Stow re: sentencing (redacted for public file) on behalf of Plaintiff USA (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003196 MOTION before Judge Ronald M. Whyte by USA as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese to seal documents filed pursuant to civil local rules 7-10 and 79-5 (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003197 PROOF OF SERVICE by Plaintiff USA of motion to seal documents filed pursuant to civil local rules 7-10 and 79-5 [196-1], declaration [195-1], declaration [194-1], declaration [193-1], declaration [192-1], declaration [191-1], declaration [190-1] (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003  RECEIVED Proposed Order ( Plaintiff USA ) re: motion to seal documents filed pursuant to civil local rules 7-10 and 79-5 [196-1] (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003198 SENTENCING memorandum filed by USA as to defendant Rusty McDowell (sr, COURT STAFF) (Entered: 04/22/2003)
04/21/2003199 SENTENCING memorandum filed by USA as to defendant McDowell & Company (sr, COURT STAFF) (Entered: 04/22/2003)
04/23/2003200 SUPPLEMENTAL SENTENCING memorandum and opposition to bail pending appeal filed by USA as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/28/2003)
04/23/2003201 DECLARATION by Stan Detmar on behalf of Plaintiff USA re sentencing as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/28/2003)
04/23/2003202 DECLARATION by Clifford Stow on behalf of Plaintiff USA re sentencing as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/28/2003)
04/23/2003203 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/28/2003)
04/23/2003204 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/28/2003)
04/23/2003205 PROOF OF SERVICE by Plaintiff USA of documents [204-1], documents [203-1], declaration [202-1], declaration [201-1] as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/28/2003)
04/23/2003206 ORDER by Judge Ronald M. Whyte denying motion for judgment of acquittal [170-1] and for new trial as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/28/2003)
04/24/2003207 OBJECTIONS by defendant McDowell & Company, defendant Rusty McDowell to sentencing memorandum [200-1], sentencing memorandum [199-1] (cgb, COURT STAFF) (Entered: 04/28/2003)
04/24/2003208 SUPPLEMENTAL administrative request to have documents filed udner seal USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/28/2003)
04/24/2003  RECEIVED Proposed Order ( Plaintiff USA ) re: [208-1] as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/28/2003)
04/25/2003209 JOINDER by Applied Materials re [208-1] supplemental administrative requst to seal documents (cgb, COURT STAFF) (Entered: 04/28/2003)
04/25/2003210 PROOF OF SERVICE by Applied Materials of join/joinder [209-1] (cgb, COURT STAFF) (Entered: 04/28/2003)
04/28/2003218 MINUTES: filed on 4/29/03 before Judge Ronald M. Whyte ; sentencing hearing will be held at a later date for McDowell & Company ; before Judge Ronald M. Whyte as to defendant McDowell & Company ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 04/30/2003)
04/28/2003219 MINUTES: filed on 4/29/03 before Judge Ronald M. Whyte ; sentencing hearing will be held at a later date (no date set) for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 04/30/2003)
04/29/2003211 ORDER by Judge Ronald M. Whyte sealing application as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/29/2003)
04/29/2003211 ORDER by Judge Ronald M. Whyte granting sealing application as to defendant McDowell & Company, defendant Rusty McDowell [211-1] (cgb, COURT STAFF) (Entered: 04/29/2003)
04/29/2003212 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) Modified on 04/29/2003 (Entered: 04/29/2003)
04/29/2003213 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/29/2003)
04/29/2003214 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/29/2003)
04/29/2003215 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/29/2003)
04/29/2003216 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/29/2003)
04/29/2003217 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 04/29/2003)
05/06/2003220 SENTENCING guideline findings filed as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 05/08/2003)
05/06/2003221 ORDER by Judge Ronald M. Whyte granting administrative request to seal documents (cgb, COURT STAFF) (Entered: 05/08/2003)
05/07/2003  RECEIVED Stipulation and order continuing sentencing hearing submitted by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 05/08/2003)
05/09/2003222 RESPONSE by defendant McDowell & Company to court's tentative ruling on sentencing (cgb, COURT STAFF) (Entered: 05/13/2003)
05/13/2003223 STIPULATION and ORDER by Judge Ronald M. Whyte sentencing hearing will be held at 9:00 7/28/03 for Herbert Reese ; before Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 05/14/2003)
05/15/2003224 SUBMISSION RE: COURT'S SENTENCING guidelines filed by USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 05/19/2003)
06/05/2003225 REPORTER'S TRANSCRIPT; REDACTED VERSION Date of proceedings: 4/28/03 ( C/R: Lee Anne Shortridge) as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 06/05/2003)
06/05/2003226 SEALED document as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 06/05/2003)
06/12/2003227 ORDER by Judge Ronald M. Whyte sealing sentencing brief and filing of redacted sentencing brief as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 06/13/2003)
06/12/2003228 REDACTED SENTENCING memorandum filed by McDowell & Company, Rusty McDowell (cgb, COURT STAFF) (Entered: 06/13/2003)
06/13/2003229 ORDER by Judge Ronald M. Whyte sentencing hearing will be held at 9:00 7/14/03 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 06/16/2003)
06/25/2003247 JURY NOTE(S) as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 06/25/2003)
06/25/2003248 TRIAL EXHIBITS as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 06/25/2003)
06/30/2003249 Submission on SENTENCING DATE and declaration of counsel in support thereof filed by McDowell & Company, Rusty McDowell (cgb, COURT STAFF) (Entered: 06/30/2003)
07/08/2003250 OPPOSITION by Plaintiff USA to continuance of McDowell's sentencing hearing (cgb, COURT STAFF) (Entered: 07/10/2003)
07/10/2003251 SUPPLEMENTAL MEMORANDUM AND DECLARATIONS OF COUNSEL by defendant McDowell & Company, defendant Rusty McDowell in support of submission on sentencing date (cgb, COURT STAFF) (Entered: 07/10/2003)
07/23/2003252 LETTER dated 7/22/03 from Michael P. Gibson and from Herbert Reese addressed to Judge Whyte (cgb, COURT STAFF) (Entered: 07/23/2003)
07/24/2003253 SENTENCING memorandum filed by Herbert Reese and motion for downward departure (cgb, COURT STAFF) (Entered: 07/24/2003)
07/25/2003254 SEALED document by Plaintiff USA as to defendant Herbert Reese (cgb, COURT STAFF) (Entered: 07/25/2003)
07/25/2003255 ORDER by Judge Ronald M. Whyte sentencing hearing will be held at 9:00 8/18/03 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte (cgb, COURT STAFF) (Entered: 07/28/2003)
07/28/2003256 MINUTES: filed on 7/29/03 before Judge Ronald M. Whyte ; sentencing Herbert Reese (3) count(s) 1ss. Defendant is placed on probation for 3 years as to Count 1 of the Superseding Information and is ordered to pay a fine of $2500.00 and a special assessment of $100.00. Deft is further ordered to pay a restitution of $707,135.00 which is jointly and severally with McDowell & Co and Rusty McDowell , dismissing counts Herbert Reese (3) count(s) 1s, 1 , 2s -7s , 2 -7 , 10s -16s , 10 -16 , 18s , 18 . on govt's motion all remaining counts are dismissed , ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 07/30/2003)
08/04/2003  RECEIVED Stipulation and order continuing sentencing hearing submitted by defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/04/2003)
08/04/2003257 JUDGMENT and Commitment issued as to Herbert Reese , Herbert Reese (3) count(s) 1ss Judge Ronald M. Whyte terminating defendant (cc: all counsel) ( Date Entered: 8/4/03) (cgb, COURT STAFF) (Entered: 08/04/2003)
08/04/2003258 SEALED document by defendant Herbert Reese (cgb, COURT STAFF) (Entered: 08/04/2003)
08/05/2003259 STIPULATION and ORDER by Judge Ronald M. Whyte vacating sentencing hearing set 8/18/03 as to defendant McDowell & Company, defendant Rusty McDowell , sentencing hearing will be held at 9:00 9/2/03 for McDowell & Company, for Rusty McDowell ; before Judge Ronald M. Whyte as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/05/2003)
08/27/2003260 SEALED document by defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/27/2003)
08/27/2003261 SEALED document by defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/27/2003)
08/27/2003262 SEALED document by defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/27/2003)
08/27/2003263 SEALED document by defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/27/2003)
08/27/2003264 SEALED document by defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/27/2003)
08/27/2003  RECEIVED UNDERSEAL Application and proposed order submitted by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/28/2003)
08/27/2003265 SENTENCING memorandum filed by USA as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 08/28/2003)
08/27/2003266 SENTENCING memorandum filed by USA as to defendant McDowell & Company (cgb, COURT STAFF) (Entered: 08/28/2003)
09/02/2003267 MINUTES: filed on 9/2/03 before Judge Ronald M. Whyte ; sentencing Rusty McDowell (2) count(s) 1s, 2s -3s , 5s , 12s -14s , 16s . Defendant Rusty McDowell was sentenced as to Counts 1, 2, 3, 5, 12, 13, 14, 16 of the superseding indictment and ordered to be committed to the Bureau of Prison for 24 months as to all counts to run concurrently, to be followed by 3 years supervised release. Deft to pay a special assessment in the amount of $800.00 and a fine of $25,000.00 due immediately to the Clerk of the Court. , dismissing counts Rusty McDowell (2) count(s) 1, 2 -7 , 4s , 6s -7s , 8s , 8 , 9s , 9 , 10s -11s . defendant was found not guilty of all the the remaining counts ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 09/03/2003)
09/02/2003268 MINUTES: filed on 9/2/03 before Judge Ronald M. Whyte ; sentencing McDowell & Company (1) count(s) 1s, 2s -3s , 5s , 12s -13s , 16s . Defendant McDowell & Co. was sentenced as to Counts 1,2,3,5,12,13 and 16 of the superseding indictment and is placed on probation for 3 years, pay a fine of $750,000.00 and special assessment of $3,200.00. , dismissing counts McDowell & Company (1) count(s) 1, 2 -7 , 4s , 6s -7s , 10s -11s , 10 -16 . jury found the defendant not guilty on these counts , ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 09/03/2003)
09/05/2003269 NOTICE OF APPEAL by defendant McDowell & Company, defendant Rusty McDowell from Dist. Court decision Fee status not yet paid (cgb, COURT STAFF) (Entered: 09/05/2003)
09/05/2003  Docket fee notification form and case information sheet to USCA [269-1] as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/05/2003)
09/05/2003270 Order for time schedule as to McDowell & Company, Rusty McDowell (cgb, COURT STAFF) (Entered: 09/05/2003)
09/08/2003271 ORDER by Judge Ronald M. Whyte granting bail on appeal (cgb, COURT STAFF) (Entered: 09/08/2003)
09/08/2003272 SEALED document by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/11/2003)
09/11/2003273 RECEIPT for payment of appeal filing fee as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/11/2003)
09/15/2003274 JUDGMENT and Commitment issued as to McDowell & Company (1) count(s) 1s, 2s-3s, 5s, 12s-13s, 16s Judge Ronald M. Whyte terminating defendant (cc: all counsel) ( Date Entered: 9/15/03) (cgb, COURT STAFF) (Entered: 09/16/2003)
09/16/2003275 JUDGMENT and Commitment issued as to Rusty McDowell (2) count(s) 1s, 2s-3s, 5s, 12s-14s, 16s Judge Ronald M. Whyte terminating case (cc: all counsel) ( Date Entered: 9/16/03) (cgb, COURT STAFF) (Entered: 09/16/2003)
09/16/2003276 ORDER by Judge Ronald M. Whyte sealing as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/16/2003)
09/16/2003277 ORDER by Judge Ronald M. Whyte sealing presentence report as to defendant McDowell & Company (cgb, COURT STAFF) (Entered: 09/16/2003)
09/16/2003278 MOTION before Judge Ronald M. Whyte by defendant McDowell & Co., Inc. to stay of sentence (cgb, COURT STAFF) (Entered: 09/17/2003)
09/22/2003279 OPPOSITION by Plaintiff USA to as to defendant McDowell & Company motion to stay of sentence [278-1] (cgb, COURT STAFF) (Entered: 09/23/2003)
09/26/2003  NOTIFICATION by Circuit Court of Appellate Docket Number 03-10496 as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 09/30/2003)
09/29/2003280 REPLY memorandum in support of application for stay of payment of fine by defendant McDowell & Company (cgb, COURT STAFF) (Entered: 09/30/2003)
10/06/2003281 MINUTES: filed on 10/6/03 before Judge Ronald M. Whyte ; defendant's motion for stay of payment of fine taken into submission ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 10/07/2003)
10/16/2003282 NOTICE OF APPEAL by Plaintiff USA from Dist. Court decision judgment [275-2] as to defendant McDowell & Company, defendant Rusty McDowell Fee status exempt (cgb, COURT STAFF) (Entered: 10/17/2003)
10/22/2003  Docket fee notification form and case information sheet to USCA [282-1] as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 10/22/2003)
10/22/2003283 ATTORNEY SUBSTITUTION: terminating as counsel for by defendant McDowell & Company, defendant Rusty McDowell and substituting attorney Nina Wilder as to defendant McDowell & Company, defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 10/23/2003)
10/23/2003284 Order for time schedule as to Rusty McDowell (cgb, COURT STAFF) (Entered: 10/23/2003)
10/24/2003285 ATTORNEY APPEARANCE for defendant Rusty McDowell by Nina Wilder, Esq. (cgb, COURT STAFF) (Entered: 10/27/2003)
10/27/2003  Docket fee notification form and case information sheet to USCA [269-1] as to defendant Rusty McDowell (Per USCA's instruction process a separate appeal from the notice of appeal filed on 9/5/03). (cgb, COURT STAFF) (Entered: 10/27/2003)
10/27/2003286 Order for time schedule as to Rusty McDowell (cgb, COURT STAFF) (Entered: 10/27/2003)
10/27/2003287 NOTICE OF APPEAL by defendant Rusty McDowell from Dist. Court decision judgment [275-2] as to defendant Rusty McDowell Fee status paid (Per USCA Notice of Appeal filed on 9/5/03 should be filed separately between McDowell Company and Rusty McDowell bearing the same filing date). (cgb, COURT STAFF) (Entered: 10/27/2003)
10/30/2003288 TRANSCRIPT DESIGNATION and Ordering Form filed by defendant Rusty McDowell for dates 10/21/02 ; C/R: Peter Torreano; as to defendant Rusty McDowell appeal [287-1] (cgb, COURT STAFF) (Entered: 10/30/2003)
10/30/2003289 TRANSCRIPT DESIGNATION and Ordering Form filed by defendant Rusty McDowell for dates 7/11/02; 7/22/02; Oct. 2,7,9,16,22,29,30,31/2002; Nov. 4,5,6,7,12/2002; 1/06/03; 7/28/03; 9/2/03; 9/2/03; 10/06/03; C/R: Lee Anne Shortrdige; as to defendant Rusty McDowell appeal [287-1] (cgb, COURT STAFF) (Entered: 10/30/2003)
10/30/2003290 Order for time schedule as to Rusty McDowell from the Court of Appeals (cgb, COURT STAFF) (Entered: 10/30/2003)
11/02/2003  NOTIFICATION by Circuit Court of Appellate Docket Number 03-10575 as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 03/30/2005)
11/10/2003  NOTIFICATION by Circuit Court of Appellate Docket Number 03-10569 as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 11/12/2003)
11/25/2003291 REPORTER'S TRANSCRIPT; Date of proceedings: 10/17/02 ( C/R: Peter Torreano) as to defendant McDowell & Company, defendant Rusty McDowell, defendant Herbert Reese (cgb, COURT STAFF) (Entered: 11/25/2003)
12/31/2003292 Payment Record Card: Payment of special assessment and fine in the amount of $100.00 and $2500.00 respectively both paid on 8/1/03 on behalf of defendant Herbert Reese . (cgb, COURT STAFF) (Entered: 12/31/2003)
01/12/2004293 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell to stay of fine or in the alternative for installment payments (cgb, COURT STAFF) (Entered: 01/13/2004)
01/12/2004294 DECLARATION by Doron Weinberg on behalf of defendant Rusty McDowell re motion to stay of fine or in the alternative for installment payments [293-1] as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 01/13/2004)
01/16/2004295 OPPOSITION by Plaintiff USA to as to defendant motion to stay of fine or in the alternative for installment payments [293-1] (cgb, COURT STAFF) (Entered: 01/21/2004)
01/20/2004296 MOTION before Judge Ronald M. Whyte by defendant Rusty McDowell :for travel to outside the USA from 2/6/04 to 2/17/04 (cgb, COURT STAFF) (Entered: 01/21/2004)
01/20/2004297 DECLARATION by Doron Weinberg on behalf of defendant Rusty McDowell re motion :for travel to outside the USA from 2/6/04 to 2/17/04 [296-1] (cgb, COURT STAFF) (Entered: 01/21/2004)
01/20/2004  RECEIVED Proposed Order ( defendant Rusty McDowell ) re: motion :for travel to outside the USA from 2/6/04 to 2/17/04 [296-1] (cgb, COURT STAFF) (Entered: 01/21/2004)
01/26/2004298 MINUTES: filed on 1/27/04 before Judge Ronald M. Whyte ; denying motion to stay of fine or in the alternative for installment payments [293-1] ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 01/29/2004)
01/26/2004299 MINUTES: filed on 1.27.04 before Judge Ronald M. Whyte ; deft McDowell & Company motion for stay of fine is denied ( C/R: Lee Anne Shortridge) (cgb, COURT STAFF) (Entered: 01/29/2004)
02/16/2004334 COPY of USCA Order: Re: Appellant's second motion for enlargement of time to file their consolidated reply/answering brief is granted as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 02/17/2005)
03/01/2004300 ORDER by Judge Ronald M. Whyte :for travel to outside the USA from 3/18/04 to 4/2/04 as to defendant Rusty McDowell (cgb, COURT STAFF) (Entered: 03/05/2004)
04/22/2004301 COPY of USCA Order: Appeal Re: 03-10496, 03-10569, 03-10575 is remanded to the district court for a limited purpose of allowing the district court to conduct a hearing to determine whether the reporter should be held in contempt as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 04/23/2004)
04/28/2004302 CLERK'S NOTICE in-court hearing will be held at 9:00 6/1/04 for Rusty McDowell ; before Judge Ronald M. Whyte (cfe, COURT STAFF) (Entered: 04/29/2004)
05/06/2004303 REPORTER'S TRANSCRIPT; Date of proceedings: 7/11/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004304 REPORTER'S TRANSCRIPT; Date of proceedings: 7/22/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) Modified on 05/07/2004 (Entered: 05/07/2004)
05/06/2004305 REPORTER'S TRANSCRIPT; Date of proceedings: 10/2/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004306 REPORTER'S TRANSCRIPT; Date of proceedings: 10/3/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004307 REPORTER'S TRANSCRIPT; Date of proceedings: 10/7/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004308 REPORTER'S TRANSCRIPT; Date of proceedings: 10/8/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004309 REPORTER'S TRANSCRIPT; Date of proceedings: 10/9/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004310 REPORTER'S TRANSCRIPT; Date of proceedings: 10/16/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004311 REPORTER'S TRANSCRIPT; Date of proceedings: 10/21/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004312 REPORTER'S TRANSCRIPT; Date of proceedings: 10/22/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004313 REPORTER'S TRANSCRIPT; Date of proceedings: 10/28/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004314 REPORTER'S TRANSCRIPT; Date of proceedings: 10/29/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004315 REPORTER'S TRANSCRIPT; Date of proceedings: 10/30/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004316 REPORTER'S TRANSCRIPT; Date of proceedings: 10/31/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004317 REPORTER'S TRANSCRIPT; Date of proceedings: 11/4/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004318 REPORTER'S TRANSCRIPT; Date of proceedings: 11/5/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004319 REPORTER'S TRANSCRIPT; Date of proceedings: 11/6/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004320 REPORTER'S TRANSCRIPT; Date of proceedings: 11/7/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004321 REPORTER'S TRANSCRIPT; Date of proceedings: 11/12/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004322 REPORTER'S TRANSCRIPT; Date of proceedings: 11/18/02 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004323 REPORTER'S TRANSCRIPT; Date of proceedings: 1/6/03 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/06/2004324 REPORTER'S TRANSCRIPT; Date of proceedings: 9/2/03 ( C/R: Lee-Anne Shortridge) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/07/2004)
05/27/2004  RECEIVED Stipulation and Proposed Order ( defendant Rusty McDowell ) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/28/2004)
05/27/2004  RECEIVED Stipulation Re: Production of Trial Transcripts Proposed Order ( defendant Rusty McDowell ) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/28/2004)
06/02/2004325 STIPULATION and ORDER by Judge Ronald M. Whyte :for travel to Italy from 6/8/04 to 6/18/04 as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 06/02/2004)
06/02/2004326 STIPULATION and ORDER by Judge Ronald M. Whyte Re: Production of Trial Transcripts as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 06/02/2004)
07/07/2004327 NOTICE OF CHANGE OF ADDRESS by Plaintiff USA as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 07/07/2004)
07/08/2004  RECEIVED Stipulation and Proposed Travel Order ( defendant Rusty McDowell ) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 07/08/2004)
07/14/2004328 STIPULATION AND TRAVEL ORDER by Judge Ronald M. Whyte :for travel to Mauna Lani, Hawaii from 7/14/04 to 7/26/04 as to defendant Rusty McDowell (scu, COURT STAFF) (Entered: 07/15/2004)
10/04/2004  RECEIVED Stipulation and Proposed Travel Order ( defendant Rusty McDowell ) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 10/04/2004)
10/04/2004  RECEIVED Stipulation and Proposed Travel Order ( defendant Rusty McDowell ) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 10/05/2004)
10/06/2004329 STIPULATION and TRAVEL ORDER by Judge Ronald M. Whyte :for travel to Italy, Germany and Switzerland from 10/15/04 to 10/30/04 as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 10/07/2004)
10/18/2004330 PROBATION Form 49 re Herbert Reese for travel to Eastern District of Texas by P.O.: Susan Portillo before Judge Ronald M. Whyte (cfe, COURT STAFF) (Entered: 10/19/2004)
10/20/2004331 STIPULATION TRAVEL ORDER by Judge Ronald M. Whyte :for travel to Italy, Germany, Europoe from 10/15/04 to 10/30/04 as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 10/20/2004)
01/03/2005  RECEIVED Stipulation and Proposed Order ( defendant Rusty McDowell ) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 01/04/2005)
01/10/2005332 STIPULATION and ORDER by Judge Ronald M. Whyte :for travel to Singapore from 1/7/05 to 1/15/05 as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 01/11/2005)
01/25/2005333 STIPULATION and ORDER by Judge Ronald M. Whyte :for travel to Singapore, Tokyo, and Shanghai from 2/12/05 to 2/27/05 as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 01/26/2005)
02/23/2005335 STIPULATION and ORDER by Judge Ronald M. Whyte :for travel to Mauna Lani, Hawaii from 3/5/05 to 3/12/05 as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 02/24/2005)
03/28/2005336 CERTIFIED COPY of USCA Order: dismissing the appeal [282-1] as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 03/29/2005)
03/30/2005337 CLERK's letter spreading the mandate to counsel. re appeal [282-1] as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 03/30/2005)
05/11/2005  RECORD on Appeal to USCA, via UPS cnsl notified- 8 volumes (1 vol-underseal) 11 expandoes (2 exp-underseal) re appeal [269-1] For Judge Mary Schroeder, Sandra Day O'Connor US Courthouse, 401 Washington St., SPC 54 Suite 610 Phoenix AZ 85003-2156 as to defendant Rusty McDowell (cfe, COURT STAFF) Modified on 05/11/2005 (Entered: 05/11/2005)
05/19/2005338 RECEIPT from USCA of clerk's record on appeal as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 05/20/2005)
07/07/2005  RECEIVED Stipulation to Permit Travel Outside District; Proposed Order ( defendant Rusty McDowell ) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 07/07/2005)
07/14/2005339 STIPULATION TO PERMIT TRAVEL OUTSIDE DISTRICT; ORDER by Judge Ronald M. Whyte :for travel to San Juan, Puerto Rico from 7/19/05 to 7/21/05 as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 07/14/2005)
08/08/2005340 COPY of USCA Order: These Matters are resubmitted as of 8/3/05 (03-10496; 03-10569) as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 08/09/2005)
09/19/2005  RECEIVED Stipulation to Permit Travel Outside District; Order ( defendant Rusty McDowell ) as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 09/20/2005)
09/22/2005341 STIPULATION to PERMIT TRAVEL OUTSIDE DISTRICT and ORDER by Mag. Judge Patricia V. Trumbull :for travel to Munich, Geneva from 9/26/05 to 10/31/05 as to defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 09/26/2005)
10/14/2005342 CERTIFIED COPY of USCA Order: affirming the decision of the District Court [287-1], affirming the decision of the District Court [269-1]; remanded in sentence as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 10/17/2005)
10/17/2005343 CLERK's letter spreading the mandate to counsel. re appeal [287-1], re appeal [269-1] as to defendant McDowell & Company, defendant Rusty McDowell (cfe, COURT STAFF) (Entered: 10/17/2005)
10/31/2005344 ORDER by Judge Ronald M. Whyte re limited remand per Ameline as to defendant McDowell & Company (cfe, COURT STAFF) (Entered: 11/01/2005)
11/09/2005345 Clerk's Notice of Appellants' MOTION for recall of mandate and withdrawal of judgment re 342 343 by McDowell & Company, Inc., Rusty McDowell. (CFE, Court Staff) (Filed on 11/9/2005) (Entered: 11/10/2005)
11/10/2005346 Government's Position Regarding Limited Remand Pursuant to US v. Ameline by USA as to McDowell & Company, Inc., Rusty McDowell (CFE, Court Staff) (Filed on 11/10/2005) (Entered: 11/14/2005)
11/18/2005  Received Document Re: USCA Order; The motion of Appellant for Recall of the Mandate is GRANTED. The petition for rehearing en banc is hereby ordered timely filed (03-10496; 03-10569) as McDowell & Company, Inc., Rusty McDowell (CFE, Court Staff) (Filed on 11/18/2005) (Entered: 11/22/2005)
11/22/2005347 ORDER EXTENDING DATES FOR BRIEFS RE LIMITED REMAND PER AMELINE as to Rusty McDowell . Signed by Judge Ronald M. Whyte on 11/22/05. (CFE, Court Staff) (Filed on 11/22/2005) (Entered: 11/23/2005)
12/15/2005349 Probation Form 12 by Sonia Lapizco as to Herbert Reese for Early termination of supervision granted. . Signed by Judge Ronald M. Whyte on 12/15/05. (cfe, Court Staff) (Filed on 12/15/2005) (Entered: 12/21/2005)
12/15/2005350 ORDER VACATING DATE FOR AMELINE BRIEFING as to McDowell & Company, Inc., Rusty McDowell . Signed by Judge Ronald M. Whyte on 12/15/05. (cfe, Court Staff) (Filed on 12/15/2005) (Entered: 12/21/2005)
12/16/2005351 ORDER of USCA (copy) Re: The petition for panel rehearing and the petition for rehearing en banc are DENIED as to McDowell & Company, Inc. (03-10496), Rusty McDowell (03-10569)(cfe, Court Staff) (Filed on 12/16/2005) (Entered: 12/22/2005)
12/19/2005348 Government's Notice Re: Ninth Circuit's Denial of Defendant's Request for Rehearing En Ban, and Request for New Filing Deadline for Defense by USA as to McDowell & Company, Inc., Rusty McDowell (cfe, Court Staff) (Filed on 12/19/2005) (Entered: 12/21/2005)
12/20/2005  Received Stipulation and Order Re: Limited Remand Per Ameline by McDowell & Company, Inc., Rusty McDowell (cfeS, COURT STAFF) (Filed on 12/20/2005) (Entered: 12/22/2005)
12/23/2005352 STIPULATION AND ORDER RE: LIMITED REMAND PER AMELINE as to McDowell & Company, Inc., Rusty McDowell . Signed by Judge Ronald M. Whyte on 12/22/05. (cfe, Court Staff) (Filed on 12/23/2005) (Entered: 12/27/2005)
01/04/2006353 STIPULATION TO PERMIT TRAVEL OUTSIDE DISTRICT; ORDER as to Rusty McDowell; . Signed by Judge Ronald M. Whyte on 1/3/06. (cfe, Court Staff) (Filed on 1/4/2006) (Entered: 01/05/2006)
01/04/2006354 JUDGMENT of USCA (certified copy) as to McDowell & Company, Inc.(03-10496), Rusty McDowell (03-10569) It is now ordered and adjudged by this Court, that the judgment of the said District Court in this cause be, and hereby is AFFIRMED IN CONVICTION; REMANDED IN SENTENCE. (cfe, Court Staff) (Filed on 1/4/2006) (Entered: 01/05/2006)
01/05/2006355 Clerk's Letter Spreading Mandate Re:#354; Appeal #269 (03-10496) as to McDowell & Company, Inc., Re: Appeal#287 (03-10569) as to Rusty McDowell (cfe, Court Staff) (Filed on 1/4/2006) (Entered: 01/05/2006)
01/12/2006356 Defendant's Position Regarding Post-Ameline Sentencing Considerations by McDowell & Company, Inc., Rusty McDowell (cfe, Court Staff) (Filed on 1/12/2006) (Entered: 01/13/2006)
03/17/2006357 ORDER as to McDowell & Company, Inc., Rusty McDowell; The Court GRANTS permission to defendants McDowell & Co., Inc. and Rusty McDowell to execute and fulfill all conditions of the aforementioned settlement agreement. Compliance with the terms of the agreement shall NOT be deemed a violation of any provision of defendant's sentences in this case . Signed by Judge Ronald M. Whyte on 3/17/06. (cfe, Court Staff) (Filed on 3/17/2006) (Entered: 03/20/2006)
04/17/2006358 Appeal Record RETURNED from the USCA as to McDowell & Company, Inc.: (cfe, Court Staff) (Filed on 4/17/2006) (Entered: 04/18/2006)
05/10/2006359 STIPULATION AND ORDER that Defendant McDowell is permitted to travel from June 6, 2006 through June 17, 2006 as to Rusty McDowell . Signed by Judge Ronald M. Whyte on 5/10/2006. (gm, COURT STAFF) (Filed on 5/10/2006) (Entered: 05/11/2006)
08/28/2006360 PAYMENT RECORD CARD : Payment of Special Assessment in the amount of $3,200.00 paid on 8/16/06 on behalf of McDowell & Company, Inc. (cfe, Court Staff) (Filed on 8/28/2006) (Entered: 08/28/2006)
08/28/2006361 PAYMENT RECORD CARD : Payment of Special Assessment in the amount of $800.00 paid on 8/16/06 on behalf of Rusty McDowell (cfe, Court Staff) (Filed on 8/28/2006) (Entered: 08/28/2006)
08/29/2006362 CLERK'S NOTICE Continuance of Hearing RE-Sentencing set for 9/18/2006 09:00 AM before Hon. Ronald M. Whyte. (cfe, Court Staff) (Filed on 8/29/2006) (Entered: 08/30/2006)
08/30/2006363 Probation Form 12 by Esther Davis as to McDowell & Company, Inc. for an issuance of a summons to appear on 9/14/06 @ 9:00 before Magistrate Judge Howard R. Lloyd. Signed by Judge Ronald M. Whyte on 8/30/06. (cfe, Court Staff) (Filed on 8/30/2006) (Entered: 08/30/2006)
08/30/2006  Summons Issued as to McDowell & Company, Inc. (cfe, Court Staff) (Filed on 8/30/2006) (Entered: 08/30/2006)
08/31/2006  Received Stipulation to Permit Travel Outside District; Order by Rusty McDowell (cfe, Court Staff) (Filed on 8/31/2006) (Entered: 09/01/2006)
09/14/2006364 Minute Entry for proceedings held before Judge Howard R. Lloyd :I/A Rev Prob S/R Hearing as to McDowell & Company, Inc. held on 9/14/2006 Status Conference set for 9/18/2006 09:00 AM before Judge Ronald M. Whyte(Court Reporter FTR.) (cfe, Court Staff) (Filed on 9/14/2006) (Entered: 09/14/2006)
09/15/2006365 SENTENCING MEMORANDUM by Rusty McDowell (cfe, Court Staff) (Filed on 9/15/2006) (Entered: 09/15/2006)
09/18/2006366 Minute Entry for proceedings held before Judge Ronald M. Whyte :Status Conference as to McDowell & Company, Inc. held on 9/18/2006. The parties agreed to withdrawing the Petition. The Court hereby reinstates probation for 36 months, commencing 9/18/06. The Court reimposes the fine of $750,000.00 and special assessment in the amount of $3,200.00. The first payment of criminal monetary penalties are due on 1/23/07, payments thereafter, are due every 6 months at the rate of $50,000.00. (Court Reporter Lee-Anne Shortridge.) (cfe, Court Staff) (Filed on 9/19/2006) (Entered: 09/19/2006)
09/18/2006367 Minute Entry for proceedings held before Judge Ronald M. Whyte :RE-Sentencing held on 9/18/2006 for Rusty McDowell (2), Count(s)The Court RE-SENTENCED and REDUCED the Defendant's sentence; 12 months and 1 day BOP custody as to counts 1, 2,3,5,12,13, 14, & 16, all such terms to run concurrently; 3 years supervised release; Defendant shall reside for a period of 12 months in a halfway house, or similar residential facility. The defendant shall performs 100 hours of community service. The same special conditions of supervision previously imposed shall remain in effect; $25,000.00 in fine and $800.00 special assessment are reimposed, less any payments already made.The court set a self-surrender date of 1/23/07 by 2:00PM to the designated facility. (Court Reporter Lee-Anne Shortridge.) (cfe, Court Staff) (Filed on 9/19/2006) (Entered: 09/20/2006)
09/21/2006368 Summons Returned Executed on 9/13/06. as to McDowell & Company, Inc. (cfe, Court Staff) (Filed on 9/21/2006) (Entered: 09/21/2006)
09/28/2006369 AMENDED JUDGMENT in a Criminal Case as to Rusty McDowell (Reason for Amendment: Limited Remand Per Ameline) . Signed by Judge Ronald M. Whyte on 9/26/06. (cfe, Court Staff) (Filed on 9/28/2006) (Entered: 09/28/2006)
10/03/2006370 STIPULATION TO PERMIT TRAVEL OUTSIDE DISTRICT; ORDER as to Rusty McDowell; To travel to Italy and Munich from 10/1/06 to 10/15/06 . Signed by Judge Ronald M. Whyte on 10/3/06. (cfe, Court Staff) (Filed on 10/3/2006) (Entered: 10/04/2006)
10/10/2006371 AMENDED JUDGMENT in a Criminal Case as to McDowell & Company, Inc. (Reason for Amendment: Reinstate probation and set up a payment schedule for criminal monetary penalties). Signed by Judge Ronald M. Whyte on 10/10/06. (cfe, Court Staff) (Filed on 10/10/2006) (Entered: 10/11/2006)
10/25/2006372 STIPULATION TO PERMIT TRAVEL OUTSIDE DISTRICT; ORDER as to Rusty McDowell; To travel from ND of Texas to Europe from 10/30/06 to 1/1/07 . Signed by Judge Ronald M. Whyte on 10/25/06. (cfe, Court Staff) (Filed on 10/25/2006) (Entered: 10/25/2006)
12/26/2007373NOTICE OF MOTION AND MOTION to Change Conditions of Release for Defendant, Rusty McDowell; and Memorandum in Support by Rusty McDowell. Motion Hearing set for 1/14/2008 09:00 AM in Courtroom 6, 4th Floor, San Jose. (srm, COURT STAFF) (Filed on 12/26/2007) Modified on 1/17/2008 (cfe, Court Staff). (Entered: 12/27/2007)
01/07/2008374 Opposition to Motion for Change of Conditions of Release re 373 by USA as to Rusty McDowell (cfe, Court Staff) (Filed on 1/7/2008) (Entered: 01/08/2008)
01/14/2008375 Minute Entry for proceedings held before Judge Hon. Ronald M. Whyte:Motion Hearing as to Rusty McDowell held on 1/14/2008. The Court GRANTS motion to modifies's supervised release as follows: The conditions that defendant shall reside at a community confinement facility is hereby vacated, and instead is replaced with the condition of Home Confinement w/ EM for a period of 12 months. Defendant shall be permitted to work for McDowell & Co., and shall be permitted to travel for business with prior approval of the Probation Officer. The defendant is ORDERED to complete 400 hrs of community service. (Court Reporter Lee-Anne Shortridge.) (cfeS, COURT STAFF) (Filed on 1/15/2008) (Entered: 01/16/2008)
01/16/2008376 STIPULATION TO CHANGE CONDITIONS OF SUPERVISED RELEASE; AND ORDER THEREON re 373 as to Rusty McDowell. Signed by Judge Hon. Ronald M. Whyte on 1/16/08. (cfe, Court Staff) (Filed on 1/16/2008) (Entered: 01/17/2008)
02/12/2008377 ORDER TO SEAL REPLY MEMORANDUM as to Rusty McDowell. Signed by Judge Hon. Ronald M. Whyte on 1/29/08. (cfe, Court Staff) (Filed on 2/12/2008) (Entered: 02/12/2008)
02/12/2008378 Sealed Document(cfe, Court Staff) (Filed on 2/12/2008) (Entered: 02/12/2008)
05/28/2008379Probation Form 49 : Travel Request to Rome, Italy from 6/8/08 to 6/27/08 by Sonia Lapizco as to Rusty McDowell. Signed by Judge Hon. Ronald M. Whyte on 5/23/08. (cfe, Court Staff) (Filed on 5/28/2008) (Entered: 05/29/2008)
11/25/2008380STIPULATION RE: CONDITIONS OF SUPERVISED RELEASE FOR DEFENDANT RUSTY McDOWELL; AND ORDER as to Rusty McDowell. Signed by Judge Hon. Ronald M. Whyte on 11/24/08. (cfe, Court Staff) (Filed on 11/25/2008) (Entered: 12/01/2008)
01/08/2009381Probation form 22 to Eastern District of Texas as to Rusty McDowell. Signed by Judge Hon. Ronald M. Whyte on 12/2/08. (cfe, Court Staff) (Filed on 1/8/2009) (Entered: 01/12/2009)
01/12/2009382Mailed Probation Transfer documents to Eastern District of Texas, Beaumont as to Rusty McDowell: (cfeS, COURT STAFF) (Filed on 1/12/2009) (Entered: 01/12/2009)
02/02/2009383Letter Acknowledging Receipt of Probation Transfer documents from EDTX, Beaumont as to Rusty McDowell (cfe, Court Staff) (Filed on 2/2/2009) (Entered: 02/04/2009)
04/13/2009384Probation Form 12 by Sonia Lapizco as to McDowell & Company, Inc. for the Court concurs and takes judicial. Signed by Judge Hon. Ronald M. Whyte on 4/10/09. (cfeS, COURT STAFF) (Filed on 4/13/2009) (Entered: 04/15/2009)
08/04/2009385STIPULATION AND ORDER Re: Conditions of Supervised Release as to Rusty McDowell. Signed by Judge Hon. Ronald M. Whyte on 8/4/09. (jg, COURT STAFF) (Filed on 8/4/2009) (Entered: 08/12/2009)
11/06/2009386Probation: Memorandum - by Susan Portillo as to McDowell & Company, Inc.: Acknowledged. Signed by Judge Hon. Ronald M. Whyte on 10/30/09. (cfeS, COURT STAFF) (Filed on 11/6/2009) (Entered: 11/12/2009)