CLOSED, PASPRT


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:04-cr-00905-CBM-1


Case title: USA v. Huynh, et al

Date Filed: 07/15/2004
Date Terminated: 10/11/2005

Assigned to: Judge Consuelo B. Marshall

Defendant (1)
Minh's Meat Company, Inc
TERMINATED: 10/11/2005
represented byGabriel Castellanos
Gabriel Castellanos Law Offices
2 North Lake Avenue, Suite 1080
Pasadena, CA 91101
626-405-8113
Email: castellanoslaw@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Robert W Snyder
Robert W Snyder Law Offices
15375 Barranca Pkwy, Ste B-105
Irvine, CA 92816
949-453-8688
Fax: 949-453-8188
Email: robertwayne_snyder@yahoo.com
TERMINATED: 12/04/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:545 SMUGGLING
(1)
The defendant shall pay to the United a special assessment of $800, which shall be paid within 30 days. It is ordered that the defendant shall pay to the United States a total fine of $250,000, which shall bear interest as provided by law. It is further ordered that the fine shall be paid in monthly installments of at least $4,000 per month during the term of probation, beginning 30 days after the date of this Judgment. The defendant shall comply with General Order No. 01-05. Defe ndant is hereby placed on probation for a term of Five(5) years, as to each of Couts 1 and 3, said terms to commence and run concurrently, one with the other and upon the following terms and conditions: comply with the rules and regulations of the U. S. Probation Office and General Order 318. Defendant advised of right to appeal.
18:545 SMUGGLING
(3)
The defendant shall pay to the United a special assessment of $800, which shall be paid within 30 days. It is ordered that the defendant shall pay to the United States a total fine of $250,000, which shall bear interest as provided by law. It is further ordered that the fine shall be paid in monthly installments of at least $4,000 per month during the term of probation, beginning 30 days after the date of this Judgment. The defendant shall comply with General Order No. 01-05. Defe ndant is hereby placed on probation for a term of Five(5) years, as to each of Couts 1 and 3, said terms to commence and run concurrently, one with the other and upon the following terms and conditions: comply with the rules and regulations of the U. S. Probation Office and General Order 318. Defendant advised of right to appeal.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:545 SMUGGLING
(2)
In the interest of justice, Counts 2, 4-9 are dismissed.
21:458(a)(2)(A), 461 UNLAWFUL SALE AND TRANSPORTATION OF MISBRANDED POULTRY PRODUCTS
(4-6)
In the interest of justice, Counts 2, 4-9 are dismissed.
21:458(a)(2)(B), 461 UNLAWFUL SALE AND TRANSPORTATION OF NON-FEDERALLY INSPECTED POULTRY
(7-9)
In the interest of justice, Counts 2, 4-9 are dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJoseph O Johns
AUSA - Office of US Attorney
Criminal Division - US Courthouse
312 North Spring Street 12th Floor
Los Angeles, CA 90012-4700
213-894-2434
Fax: 213-894-4300
Email: USACAC.Criminal@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/15/200412 INFORMATION filed against Minh's Meat Company (1) count(s) 1-3, 4-6, 7-9, Minh Huynh (2) count(s) 1-3, 4-6, 7-9, Kim Dieu Huynh (3) count(s) 1-3, 4-6, 7-9 Offense occurred in LA OC. (es) (Entered: 07/23/2004)
07/15/200413 CASE SUMMARY filed by AUSA Joseph Johns, attorney for USA, as to Minh's Meat Company. (es) (Entered: 07/23/2004)
07/15/200416 MEMORANDUM filed by USA seeking authority for an investigative action and being filed on 7/15/04, does not relate to, a mtr pending in the Narcotic Section of the US Atty's Ofc before July 17, 2001, the date on which Magistrate Judge Patrick J. Walsh resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (es) (Entered: 07/23/2004)
07/15/200417 MEMORANDUM filed by USA seeking authority for an investigative action and being filed on 7/15/04, does not relate to, a mtr pending in the Major Frauds Section of the US Atty's Ofc before June 30, 2001, the date on which Magistrate Judge Jennifer T. Lum resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (es) (Entered: 07/23/2004)
07/15/200418 MEMORANDUM filed by USA seeking authority for an investigative action and being filed on 7/15/04, does not relate to, a mtr pending in the Organized Crime Section of the US Atty's Ofc before September 29, 2000,, the date on which Magistrate Judge Stephen G. Larson resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (es) (Entered: 07/23/2004)
07/15/200419 MEMORANDUM filed by USA seeking authority for an investigative action and being filed on 7/15/04, does not relate to, a mtr pending in the Narcotic Section of the US Atty's Ofc before April 20, 1999, the date on which Magistrate Judge Jeffrey W. Johnson resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (es) (Entered: 07/23/2004)
07/15/200421 MEMORANDUM filed by USA . This criminal action, being filed on 7/15/04, was pending in the U.S. Attorney's Office before 11/2/92, the date on which U.S. District Judge Lourdes G. Baird began receiving criminal matters. (es) (Entered: 07/23/2004)
07/21/200420 MEMORANDUM filed by USA . This criminal action, being filed on 7/15/04, was pending in the U.S. Attorney's Office before 12/22/98, the date on which U.S. District Judge Nora M. Manella began receiving criminal matters. (es) (Entered: 07/23/2004)
08/16/200423 SUMMONS executed upon Minh's Meat Company on 8/10/04 (dmap) (Entered: 08/18/2004)
08/23/200427 MINUTES OF POST-INDICTMENT ARRAIGNMENT HEARING held before Magistrate Judge Carolyn Turchin as to Minh's Meat Company, Minh Huynh and Kim Dieu Huynh: Reassigning case to Judge Consuelo B. Marshall. Minh's Meat Company (1) count(s) 1-3, 4-6, 7-9, Minh Huynh (2) count(s) 1-3, 4-6, 7-9, Kim Dieu Huynh (3) count(s) 1-3, 4-6, 7-9 arraigned and state true names as charged. Retained Attorney Robert W Snyder present. First appearance of Minh's Meat Company, Minh Huynh and Kim Dieu Huynh entered. Plea not guilty entered by Minh's Meat Company (1) count(s) 1-3, 7-9, Minh Huynh (2) count(s) 1-3, 4-6, 7-9, Kim Dieu Huynh (3) count(s) 1-3, 4-6, 7-9. Jury trial set for 10:00 10/19/04 for Minh's Meat Company, for Minh Huynh, for Kim Dieu Huynh. Parties to contact Judge Marshall's clerk to arrange for hearing regarding waiver for conflict of interest and waive of indictment. Tape No.: CS 8/23/04. (sv) (Entered: 08/26/2004)
08/23/200428 DESIGNATION AND APPEARANCE of Attorney for Minh's Meat Company and Kim Dieu Huynh by Robert Snyder (sv) (Entered: 09/01/2004)
09/14/200431 MINUTES OF STATUS CONFERENCE held before Judge Consuelo B. Marshall as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh : On the Court's own motion, this case is set for a status conference. Status hearing set for 1:30 p.m., on 9/27/04 for Minh's Meat Company, for Minh Huynh, for Kim Dieu Huynh. It is ordered that defendant's Mineh Dien Huynh and Quang Kim Huynh shall appear at the status conference. C/R: (ca) (Entered: 09/16/2004)
09/20/200432 STIPULATION filed by USA Re Continuance of trial date and excludable time filed as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh Lodged order (vc) (Entered: 09/21/2004)
09/20/200433 ORDER filed by Judge Consuelo B. Marshall as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh : Status hearing set for 1:30 p.m., on 10/4/04; jury trial set for 10:00 a.m., on for Minh's Meat Company, for Minh Huynh, for Kim Dieu Huynh. Excludable: XT4. The Court hereby finds the period of time from 10/19/04 to 11/9/04 is excludable under the speedy trial act. The exclusion of time is justified pursuant to 18:3161(h)(8)(A). (cc: all counsel) (ca) (Entered: 09/22/2004)
10/27/200435 STIPULATION filed by USA as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh for continuance of trial and excludable time Lodged Order (es) (Entered: 11/01/2004)
10/28/200434 ORDER filed by Judge Consuelo B. Marshall as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh : continuing the trial date to 1/11/05 @ 10:00am , and deeming the time period from 11/9/04 to 1/11/05, is excludable under the Speedy Trial Act (cc: all counsel) (es) (Entered: 10/29/2004)
01/05/200537 STIPULATION filed by USA as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh for continuance of trial and excludable time Lodged order (seal) (Entered: 01/06/2005)
01/06/200538 ORDER Re Continuance of trial and excludable time filed by Judge Consuelo B. Marshall as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh : granting stipulation for continuance of trial and excludable time [37-1] ; Jury trial is continued to 3/22/05 at 10:00 a.m. for Minh's Meat Company, for Minh Huynh, for Kim Dieu Huynh. The court hereby finds the period of time from 1/11/05 to 3/22/05 excludable under the Speedy Trial Act 18:3161-3174. (cc: all counsel) (seal) (Entered: 01/06/2005)
02/08/200541 STIPULATION filed by Minh's Meat Company, Minh Huynh, Kim Dieu Huynh re permission to travel Lodged order (vc) (Entered: 02/09/2005)
03/02/200543 MINUTES OF STATUS CONFERENCE held before Judge Consuelo B. Marshall as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh : On the Court's own motion, this case is set for a status conference on 3/10/05 at 9:30 a.m. C/R: n/a (vc) (Entered: 03/02/2005)
03/15/200544 PLEA AGREEMENT filed by USA as to Minh's Meat Company (vc) (Entered: 03/15/2005)
03/21/200547 WAIVER OF INDICTMENT filed as to Minh's Meat Company. Approved by Judge Consuelo B. Marshall. (vc) (Entered: 03/22/2005)
03/21/200552 MINUTES OF CHANGE OF PLEA HEARING held before Judge Consuelo B. Marshall as to Minh's Meat Company : Defendant moves to change plea to the information. Plea of guilty entered by Minh's Meat Company (1) count(s) 1, 3. The Court refers Minh's Meat Company to the Probation Office for investigation and report. The Court questions the defendant regarding plea of guilty and finds it knowledgeable and voluntary and orders the plea accepted and entered. Sentence hearing set for 1:30 p.m. on 5/23/05 for Minh's Meat Company. C/R: Amber (vc) (Entered: 03/31/2005)
04/05/200553 MINUTES OF SENTENCING HEARING held before Judge Consuelo B. Marshall as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh : On the Court's own motion, sentencings are continued to Monday, 8/15/05 at 1:30 p.m. C/R: n/a (vc) (Entered: 04/06/2005)
07/11/200554 MINUTES OF IN CHAMBERS HEARING held before Judge Consuelo B. Marshall as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh : Case is continued for sentencing hearing set for 1:30 pm on 8/29/05. C/R: Not Reported (dmap) (Entered: 07/12/2005)
08/03/200557 Government's Position Re Presentence Report filed by USA as to Minh's Meat Company (vc) (Entered: 08/04/2005)
08/18/200558 MINUTES OF SENTENCING HEARING held before Judge Consuelo B. Marshall as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh : On the Court's own motion, sentence hearing is continued to 10/2/05 at 1:30 p.m. C/R: n/a (vc) (Entered: 08/19/2005)
08/30/200559 Defendant's position on pre-sentence report & U.S. Government's position (vc) (Entered: 08/31/2005)
09/12/2005  PLACED IN FILE - NOT USED: stipulation re permission to travel filed by Minh's Meat Company, Minh Huynh, Kim Dieu Huynh (vc) (Entered: 09/13/2005)
09/26/200560 MINUTES OF SENTENCING HEARING held before Judge Consuelo B. Marshall as to Minh's Meat Company, Minh Huynh, Kim Dieu Huynh : On the Court's own motion, sentencing to Monday, 10/3/05 at 1:30 p.m. C/R: n/a (vc) (Entered: 09/26/2005)
10/03/200561 MINUTES OF SENTENCING held before Judge Consuelo B. Marshall as to Minh's Meat Company (1) count(s) 1, 3. The defendant shall pay to the United a special assessment of $800, which shall be paid within 30 days. It is ordered that the defendant shall pay to the United States a total fine of $250,000, which shall bear interest as provided by law. It is further ordered that the fine shall be paid in monthly installments of at least $4,000 per month during the term of probation, beginning 30 days after the date of this Judgment. The defendant shall comply with General Order No. 01-05. Defendant is hereby placed on probation for a term of Five(5) years, as to each of Couts 1 and 3, said terms to commence and run concurrently, one with the other and upon the following terms and conditions: comply with the rules and regulations of the U.S. Probation Office and General Order 318. Defendant advised of right to appeal. Dismissing count(s) as to Minh's Meat Company (1) count(s) 2, 4-6, 7-9. In the interest of justice, Counts 2, 4-9 are dismissed. C/R: Deborah Gackle (ca) (Entered: 10/14/2005)
10/11/200562 JUDGMENT AND COMMITMENT issued to U.S. Marshal for Minh's Meat Company Approved by Judge Consuelo B. Marshall. Entered on: 10/14/05. (ca) (Entered: 10/14/2005)
05/30/200767 SATISFACTION OF JUDGMENT filed by Plaintiff USA as to Defendant Minh's Meat Company, Inc (Segina, Zoran) (Entered: 05/30/2007)
05/30/200768 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found proof of service missing for non-electronically served parties: RE Satisfaction of Judgment 67 . (ab, ) (Entered: 05/30/2007)
11/20/200870 NOTICE OF MOTION AND MOTION for Early Termination of Probation Filed by Defendant Minh Huynh, Minh's Meat Company, Inc, Kim Dieu Huynh (Attachments: # 1 Declaration Motion)(Castellanos, Gabriel) (Entered: 11/20/2008)
12/04/200871 ORDER by Judge Consuelo B. Marshall Granting REQUEST FOR APPROVAL OF SUBSTITUTION OF attorney Gabriel Castellanos, Esq. in place of attorney Robert W. Snyder, Esq. 69 as to Defendant Minh's Meat Company, Inc. (lom) (Entered: 12/05/2008)
12/15/200874 MINUTES OF IN CHAMBERS / OFF THE RECORD by Judge Consuelo B. Marshall: On the Court's own motion, Defendants' Motion for Early Termination of Probation is hereby set for oral argument on Monday, January 5, 2009 at 1:30 P. M. Opposition to the Motion shall be filed on or before Dec. 22, 2008, Reply, if any, shall be filed on or before Dec. 29, 2008. (lom) (Entered: 12/17/2008)
12/22/200875 MINUTES OF IN CHAMBERS ORDER by Judge Consuelo B. Marshall: Defendants' Motions for Early Termination of Probation are granted. Defense counsel shall lodge a proposed order on or before Dec. 29, 2008. (jl) (Entered: 12/22/2008)
12/23/200876 REPLY MOTION for Early Termination of Probation 70 filed by Defendant Minh's Meat Company, Inc.. (Attachments: # 1 Proposed Order Early Termination of Probation)(Castellanos, Gabriel) (Entered: 12/23/2008)
12/29/200877 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found Incorrect event selected. Correct event is Notice of Lodging RE: Reply (Motion Related)(CR) 76 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lom) (Entered: 12/29/2008)
12/29/200878 ORDER granting by Judge Consuelo B. Marshall as to Defendant Minh's Meat Company, Inc, early termination of Probation 70 . Defendant Minh's Meat Company, Inc. may be released from the terms and conditions of probation forthwith in accordance with the Stipulation entered by all parties. (lom) (Entered: 12/29/2008)