TERMED

U.S. District Court
District of New Mexico - Version 4.0.3 (Albuquerque)
CRIMINAL DOCKET FOR CASE #: 1:03-cr-01941-JEC All Defendants


Case title: USA v. Mississippi Potash, et al

Date Filed: 09/26/2003
Date Terminated: 09/16/2004

Assigned to: District Judge John E. Conway

Defendant (1)
Mississippi Potash, Inc.
TERMINATED: 09/16/2004
represented byBrian H. Lematta
Rodey, Dickason, Sloan, Akin & Robb
PO Box 1888
Albuquerque, NM 87103-1888
(505) 765-5900
Fax: 768-7395
TERMINATED: 09/16/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Robert J. Gorence
Gorence & Oliveros PC
1305 Tijeras NW
Albuquerque, NM 87102
505-244-0214
Fax: 505-244-0888
Email: gorence@gopcfirm.com
TERMINATED: 09/16/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
16 USC 703 AND 707(a): VIOLATION OF MIGRATORY BIRD TREATY ACT [MISDEMEANOR]
(1s)
SENTENCE IMPOSED: Probation-5 years with special conditions; Fine:$15,000; SPA-$100; escrow account to be funded within 3 days in the amount of $237,500

Highest Offense Level (Opening)
Petty Offense

Terminated Counts

Disposition
16:703 and 707(a): VIOLATION OF MIGRATORY BIRD TREATY ACT (MISDEMEANOR)
(1-4)
DISMISSED
16 USC 703 AND 707(a): VIOLATION OF MIGRATORY BIRD TREATY ACT [MISDEMEANOR]
(2s-3s)
DISMISSED

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None

Assigned to: District Judge John E. Conway

Defendant (2)
Mississippi Chemical Corporation
TERMINATED: 09/16/2004
represented byBrian H. Lematta
(See above for address)
TERMINATED: 09/16/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Robert J. Gorence
(See above for address)
TERMINATED: 09/16/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
16 USC 703 AND 707(a): VIOLATION OF MIGRATORY BIRD TREATY ACT [MISDEMEANOR]
(1s)
SENTENCE IMPOSED: Probation-5 years with special conditions; Fine: $15,000; SPA-$100; escrow account to be funded within 3 days in the sum of $237,500

Highest Offense Level (Opening)
Petty Offense

Terminated Counts

Disposition
16:703 and 707(a): VIOLATION OF MIGRATORY BIRD TREATY ACT (MISDEMEANOR)
(1-4)
DISMISSED
16 USC 703 AND 707(a): VIOLATION OF MIGRATORY BIRD TREATY ACT [MISDEMEANOR]
(2s-3s)
DISMISSED

Highest Offense Level (Terminated)
Misdemeanor

Complaints

Disposition
None


Plaintiff
USA represented byElinor Colbourn
US Department of Justice
Wildlife & Marine Resources
PO Box 7369
Benjamin Franklin Station
Washington, DC 20044-7369
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Mary Catherine McCulloch
US Attorney's Office - ABQ
District of New Mexico
PO Box 607
Albuquerque, NM 87103
(505) 346-7274
Email: mary.mcculloch@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
09/26/20031 INFORMATION by USA Mary Catherine McCulloch. Counts filed against Mississippi Potash, Inc (1) count(s) 1-4, and Mississippi Chemical Corporation (2) count(s) 1-4 (kd) (Entered: 10/02/2003)
10/06/2003   SUMMONS issued as to Mississippi Potash; arraignment set at 9:30 a.m. on 10/23/03 before Magistrate Judge Robert H. Scott, Hondo Courtroom (mlg) (Entered: 10/06/2003)
10/06/2003   SUMMONS issued as to Mississippi Chemical; arraignment set at 9:30 a.m. on 10/23/03 before Magistrate Judge Robert H. Scott, Hondo Courtroom (mlg) (Entered: 10/06/2003)
10/21/2003 SUMMONS returned executed upon Mississippi Chemical on 10/14/03 (vv) (Entered: 10/21/2003)
10/21/2003 SUMMONS returned executed upon Mississippi Potash on 10/14/03 (vv) (Entered: 10/21/2003)
10/23/20034 SUPERSEDING Information naming Mississippi Potash (1) count(s) 1s-3s, Mississippi Chemical (2) count(s) 1s-3s (vv) (Entered: 10/24/2003)
10/23/20035 WAIVER of appearance for arraignment by defendants (vv) (Entered: 10/24/2003)
10/23/20036 ENTRY OF APPEARANCE of Attorney for defendant Mississippi Potash, Mississippi Chemical by Brian H. Lematta (vv) (Entered: 10/24/2003)
10/23/20037 CLERK'S MINUTES: before Magistrate Judge Robert H. Scott case reassigned from Unassigned to Senior Judge John E. Conway , dft Mississippi Potash arraigned; not guilty plea entered to superseding infomation; Attorney Brian Lematta present; mtns due 11/13/03; trial date to be notified by court; corporation waived appearance Tape #: 03-14 RHS (vv) (Entered: 10/24/2003)
10/23/20038 CLERK'S MINUTES: before Magistrate Judge Robert H. Scott dft Mississippi Chemical arraigned; not guilty plea entered to superseding information; Attorney Brian Lematta present; mtns due 11/13/03; trial date to be notified by court; corporation waived appearance Tape #: 03-14 RHS (vv) (Entered: 10/24/2003)
11/03/20039 UNOPPOSED MOTION to extend meet and confer deadline & motion deadline by Mississippi Potash, Mississippi Chemical Corporation (vv) (Entered: 11/03/2003)
11/07/200310 ORDER by Magistrate Judge Robert H. Scott granting defts' unopposed motion to extend meet and confer deadline & motion deadline [9-1] (cc: all counsel) (jrm) (Entered: 11/07/2003)
11/13/200311 NOTICE of Hearing for defendant Mississippi Potash, Mississippi Chemical jury selection/trial set for 12/16/03 at 8:30 am before Senior Judge Conway in Albuquerque (cc: all counsel*) (vv) (Entered: 11/14/2003)
11/25/200312 MINUTE ORDER: by Senior Judge Conway jury selection/trial vacated (cc: all counsel*) (vv) (Entered: 11/25/2003)
12/23/200313 ENTRY OF APPEARANCE of Attorney for defendant Mississippi Potash & Mississippi Chemical by Robert J. Gorence * (vv) (Entered: 12/24/2003)
12/23/200314 SECOND UNOPPOSED MOTION to extend motion deadline until 4/1/04 by Mississippi Potash, Mississippi Chemical * (vv) (Entered: 12/24/2003)
01/16/200415 ORDER by Senior Judge John E. Conway granting defts' motion to extend motion deadline until 4/1/04 [14-1] (cc: all counsel) (vv) (Entered: 01/16/2004)
02/02/200416 ENTRY OF APPEARANCE of Attorney for plaintiff USA by Elinor Colbourn (vv) (Entered: 02/02/2004)
03/31/200417 THIRD UNOPPOSED MOTION to extend mtn deadline until 7/1/04 by Mississippi Potash, Mississippi Chemical * (vv) (Entered: 03/31/2004)
04/02/200418 ORDER by Senior Judge John E. Conway granting defts' motion to extend mtn deadline until 7/1/04 [17-1] (cc: all counsel) (vv) (Entered: 04/02/2004)
07/01/200419 FOURTH UNOPPOSED MOTION to extend mtn deadline for 60 days by Mississippi Potash, Mississippi Chemical * (vv) (Entered: 07/02/2004)
07/08/200420 ORDER by Senior Judge John E. Conway granting defts' motion to extend mtn deadline for 60 days [19-1]; mtns due 9/1/04 (cc: all counsel) (vv) (Entered: 07/08/2004)
08/27/200421 UNOPPOSED MOTION requesting waiver of defts' presence by Mississippi Potash, Mississippi Chemical * (vv) (Entered: 08/27/2004)
08/31/200422 NOTICE of Hearing for defendants change of plea set for 9/15/04 at 10:30 am before Senior Judge Conway in Albuquerque (cc: all counsel*) (vv) (Entered: 08/31/2004)
09/02/200423 ORDER by Senior Judge John E. Conway granting defts' motion requesting waiver of defts' presence [21-1] (cc: all counsel) (vv) (Entered: 09/02/2004)
09/16/200424 CLERK'S MINUTES: before Senior Judge John E. Conway Mississippi Potash, Mississippi Chemical enters guilty plea to count 1 of superseding information; sentencing to be followed C/R: J Goehl * (vv) (Entered: 09/16/2004)
09/16/200425 CLERK'S MINUTES: before Senior Judge John E. Conway sentencing Mississippi Potash (1) count(s) 1s. & Mississippi Chemical (2) count(s) 1s. SENTENCE IMPOSED: Probation-5 years with special conditions; Fine: $15,000; SPA-$100; escrow to be funded within 3 days in the sum of $237,500 , dismissing remaining counts , case terminated C/R: J Goehl * (vv) (Entered: 09/16/2004)
09/16/200426 JUDGMENT by Senior Judge John E. Conway for defendant Mississippi Potash & Mississippi Chemical (distribution as required*) (vv) (Entered: 09/16/2004)
09/16/200427 MOTION to dismiss counts 2 & 3 of superseding indictment by USA as to Mississippi Potash, Mississippi Chemical (vv) (Entered: 09/16/2004)
09/16/200428 ORDER by Senior Judge John E. Conway granting pltf's motion to dismiss counts 2 & 3 of superseding indictment [27-1] as to Mississippi Potash, Mississippi Chemical (cc: all counsel) (vv) (Entered: 09/16/2004)
09/16/200429 PLEA AGREEMENT as to Mississippi Potash, Mississippi Chemical (vv) (Entered: 09/16/2004)
09/23/200430 MOTION to amend judgment by USA as to Mississippi Potash * (vv) (Entered: 09/23/2004)
09/27/200431 AMENDED JUDGMENT by Senior Judge John E. Conway for defendant Mississippi Potash, Mississippi Chemical (distribution as required*) (vv) (Entered: 09/27/2004)
03/01/200732 MOTION for Protective Order Authorizing Production of Probation Records by USA as to Mississippi Potash, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(McCulloch, Mary) (Entered: 03/01/2007)
03/09/200733 MOTION to Amend/Correct Conditions of Probation by USA as to Mississippi Potash, Inc.. (McCulloch, Mary) (Entered: 03/09/2007)
03/12/200734 NOTICE OF DEFICIENCY to Mary McCulloch re not including judge's initials to the case number re 33 MOTION to Amend/Correct Conditions of Probation (vv) (Entered: 03/12/2007)
03/12/200735 MOTION to Amend/Correct Conditions of Probation by USA as to Mississippi Potash, Inc.. (McCulloch, Mary) (Entered: 03/12/2007)
03/22/200736 ORDER by Judge John E. Conway granting 35 Motion to Amend Conditions of Probation as to Mississippi Potash, Inc. (1) (lj) (Entered: 03/22/2007)
03/30/200737 PROTECTIVE ORDER by Judge John E. Conway granting 32 Motion for Protective Order as to Mississippi Potash, Inc. (1) (dmw) (Entered: 03/30/2007)
06/30/200838 NOTICE of financial entry receipt# 4090 by Mississippi Potash, Inc., Mississippi Chemical Corporation (jrm) (Entered: 06/30/2008)
06/30/2008   NOTICE of Voided Receipt on payment received by Mississippi Potash, Inc., Mississippi Chemical Corporation. THIS IS A TEXT-ONLY ENTRY, THERE IS NO DOCUMENT ATTACHED. (jm) (Entered: 07/01/2008)