CLOSED

U.S. District Court
Western District of Pennsylvania (Pittsburgh)
CRIMINAL DOCKET FOR CASE #: 2:03-cr-00137-AJS-1


Case title: USA v. NICE DREAMS ENTERPRI

Date Filed: 05/15/2003
Date Terminated: 09/11/2003

Assigned to: Judge Arthur J. Schwab

Defendant (1)
NICE DREAMS ENTERPRISES LLC
TERMINATED: 09/15/2003
doing business as
Chong Glass
doing business as
Chongglass.com
represented byStanton D. Levenson
PO Box 81630
Pittsburgh, PA 15217
(412) 889-7270
Email: stan@seriousdefense.com
TERMINATED: 09/15/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:846 CONSPIRACY TO SELL AND OFFER FOR SALE DRUG PARAPHERNALIA
(1)
THE DEFT IS HEREBY SENTENCED TO PROBATION FOR A TERM OF 3 YEARS, WITH STANDARD CONDITIONS OF SUPERVISION AND ADDITIONAL CONDITIONS AS STATED MORE FULLY IN ORDER. THE DEFT SHALL PAY A CRIMINAL MONETARY PENALTY OF $400.00. PURSUANT TO THIS COURT&# 039;S FORFEITURE ORDER DATED 9/10/03, NICE DREAMS ENTERPRISES IS REQUIRED TO FORFEIT THE INTERNET DOMAIN NAME CHANGGLASS.COM AND ALL OF ITS CONTRACTUAL RIGHTS, ALL OF THE ITEMS OF DRUG PARAPHERNALIA SEIZED AT 530 PATRICE PLACE, GARDENA, CA, AND IS RE QUIRED TO COMPLY WITH ALL OTHER TERMS REGARDING FORFEITURE OF ASSETS AS IS FULLY SET FORTH IN PARAGRAPH A3 OF THE PLEA AGREEMENT.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
UNITED STATES OF AMERICA represented byMary McKeen Houghton
United States Attorney's Office
700 Grant Street
Suite 4000
Pittsburgh, PA 15219
(412) 644-3500
Email: mary.houghton@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/13/2003INFORMATION as to NICE DREAMS ENTERPRI (1) count(s) 1 (ksa) (Entered: 05/16/2003)
05/13/2003  Initial appearance as to NICE DREAMS ENTERPRI held on 5/13/03 before Judge Arthur J. Schwab [ Reporter: Bill Weber ] (Defendant informed of rights.) (ksa) (Entered: 05/16/2003)
05/13/2003WAIVER OF INDICTMENT by NICE DREAMS ENTERPRI (ksa) (Entered: 05/16/2003)
05/13/2003Information Memorandum as to NICE DREAMS ENTERPRI (ksa) (Entered: 05/16/2003)
05/13/2003  PLEA of Guilty: NICE DREAMS ENTERPRI (1) count(s) 1 on 5/13/03 before Judge Arthur J. Schwab ( with Doc. #1) (ksa) (Entered: 05/16/2003)
05/13/2003Waiver/Plea Hearing held on 5/13/03 as to NICE DREAMS ENTERPRI before Judge Arthur J. Schwab [ Reporter: Bill Weber ]. Court accepts waiver of indictment and plea of guilty is entered. $400.00 special assessment. (ksa) (Entered: 05/16/2003)
05/13/2003Plea Agreement as to NICE DREAMS ENTERPRI (ksa) (Entered: 05/16/2003)
05/13/2003   OR BOND entered by NICE DREAMS ENTERPRI in the amount of $20,000.00 (ksa) (Entered: 05/16/2003)
05/13/2003ORDER Setting Conditions of Release as to NICE DREAMS ENTERPRI Bond set to $20,000.00 OR (signed by Judge Arthur J. Schwab on 5/13/03) CM all parties of record. (ksa) (Entered: 05/16/2003)
05/13/2003ORDER as to NICE DREAMS ENTERPRI that the probation office will prepare a pre-sentence investigation report. Thereafter, the probation office will forward a copy of that report to defense counsel to review with his client prior to sentencing. The probation office will also forward a copy of the report to the Assistant US Atty. If either party disputes facts contained in the report that are material to sentencing, it will be that party's obligation to seek administrative resolution of that matter through a pre-sentence conference with opposing counsel and the probation officer. Thereafter, defense counsel and the Assistant US Attorney will each file with the clerk of court, and serve upon opposing counsel and the probation office, their positions with respect to sentencing factors. This pleading will be accompanied by a written statement certifying that filing counsel has conferred with opposing counsel and the probation office in an attempt to resolve any disputed matter. After receipt of the parties' positions, the reporting probation officer will make any necessary investigation and revisions to the report. In any event, the reporting probation officer will prepare an addendum to the report that sets forth any objection to the report that has been made by counsel but not resolved, together with the probation officer's comments. The probation officer will certify that the report, any revisions thereto, and the addendum have been disclosed to the deft and all counsel and that the addendum fairly sets forth all remaining objections. (signed by Judge Arthur J. Schwab on 5/13/03) CM all parties of record. (ksa) (Entered: 05/16/2003)
05/15/2003  Special Assessment paid by defendant NICE DREAMS ENTERPRI in the amount of $ 400.00 Receipt # 3955 (ksa) (Entered: 05/16/2003)
05/15/2003Stipulation by NICE DREAMS ENTERPRI, USA regarding conditions of Bond with proposed order. (ces) (Entered: 05/19/2003)
05/16/2003Sentencing Hearing set for 11:00 9/11/03 before Judge Arthur J. Schwab NICE DREAMS ENTERPRI (1) count(s) 1 (ksa) (Entered: 05/16/2003)
05/21/2003  ORDER upon motion granting [9-1] stipulation regarding conditions of Bond as to NICE DREAMS ENTERPRI (1). It is ORDERED, ADJUDGED and DECREED that Nice Dreams Enterprises, Inc., d/b/a Chong Glass and d/b/a Chongglass.com, having pled guilty to conspiracy to sell and to offer for sale drug paraphernalia in violation of 18 U.S.C. 863, is placed on bond subject to the condition that it safeguard, care and maintain all of its assets in their current condition and that it not dissipate, dispose, sell, diminish in value, transfer or lien any such assets; provided that Nice Dreams Enterprises, Inc., d/b/a Chong Glass and d/b/a Chongglass.com, may pay trade creditors, which are not insiders of the corporation and which became creditors of the corporation prior to 2/24/03 in the ordinary course of business. (signed by Judge Arthur J. Schwab on 5/21/03) CM all parties of record. (ksa) (Entered: 05/21/2003)
08/07/200310 Position by NICE DREAMS ENTERPRI with respect to sentencing factors (ksa) (Entered: 08/07/2003)
08/15/200311 Govt's position regarding presentence investigation report by USA as to NICE DREAMS ENTERPRI (ksa) (Entered: 08/15/2003)
08/27/200312 MOTION by USA as to NICE DREAMS ENTERPRI for order of criminal forfeiture against Nice Dreams Enterprises LLC, d/b/a Chong Glass, d/b/a Chongglass.com with Proposed Order. (ksa) (Entered: 08/28/2003)
08/29/200313 ORDER as to NICE DREAMS ENTERPRI, Response to Motion set to 9/7/03 for [12-1] motion for order of criminal forfeiture against Nice Dreams Enterprises LLC, d/b/a Chong Glass, d/b/a Chongglass.com (signed by Judge Arthur J. Schwab on 8/27/03) CM all parties of record. (ksa) (Entered: 09/02/2003)
09/03/2003  JOINT MOTION by NICE DREAMS ENTERPRI to continue Sentencing Date with C.R. 03-136 with Proposed Order. (plh) (Entered: 09/03/2003)
09/03/2003  w/15 ORDER as to NICE DREAMS ENTERPRI denying [0-1] motion to continue Sentencing Date with C.R. 03-136 as to NICE DREAMS ENTERPRI (1) (signed by Judge Arthur J. Schwab on 9/3/03) all parties of record. (Filed at C.R. 03-136) (plh) (Entered: 09/03/2003)
09/04/200314 RESPONSE by NICE DREAMS ENTERPRI to [12-1] motion for order of criminal forfeiture against Nice Dreams Enterprises LLC, d/b/a Chong Glass, d/b/a Chongglass.com (ksa) (Entered: 09/05/2003)
09/09/2003  SUPPLEMENTAL Position by NICE DREAMS ENTERPRI re: sentencing factors; exhibits. (filed at 2:03-cr-136) (tt) (Entered: 09/09/2003)
09/10/200315 ORDER of criminal forfeiture against NICE DREAMS ENTERPRISES LLC d/b/a Chong Glass, d/b/a Chongglass.com. It is hereby ORDERED, ADJUDGED and DECREED that: All right, title and interest of Nice Dreams Enterprises LLC, d/b/a Chong Glass d/b/a Chongglass.com in the following property is forfeited to the United States for disposition in accordance with federal law pursuant to 21 U.S.C. 853(a)(2) and 863(c): a. The Internet domain name, Chongglass.com; b. All items of drug paraphernalia seized by the United States from its business premises located at 530 Patrice Place, Gardena, California 90224 on 2/24/03; c. The contractual rights of the deft as registrant of the Internet domain name Chongglass.com, such that the United States replaces the deft as registrant and succeeds to all of the deft's rights and interests therein as registrant. The United States shall forthwith give notice to any person having or claiming a legal interest in the subject property and shall forthwith publish such notice one time in a newspaper of general circulation. The notice shall include notice of the Marshal's intent to dispose of the Subject Property in such manner as the Attorney General may direct and notice that any person, other than Nice Dreams, having or claiming a legal interest in the Subject Property, must file a petition with the US District Court for the Western District of PA at CR No. 03-30 within 30 days of the publication of notice or of receipt of actual notice, whichever is later. This notice shall state that a petition of any person, other than Nice Dreams, having or claiming a legal interest in the Subject Property shall be for a hearing to adjudicate the validity of the petitioner's alleged interest in the Subject Property, shall be signed by the petitioner under penalty of perjury, and shall set forth: (1) the nature and extent of the petitioner's right title or interest in the Subject Property, (2) any additional facts supporting the petitioner's claim, and (3) the relief sought. Upon adjudication of third-party interests, this Court will enter a Final Order of Forfeiture. (signed by Judge Arthur J. Schwab on 9/10/03) CM all parties of record. (ksa) Modified on 05/04/2004 (Entered: 09/12/2003)
09/15/200316 Sentencing Hearing held on 9/11/03 before Judge Arthur J. Schwab [ Reporter: Sandy Wenger ] re: NICE DREAMS ENTERPRI (1) count(s) 1. Deft's counsel places on the record that the referred to business captioned above no longer exists. (ksa) (Entered: 09/16/2003)
09/15/200317 JUDGMENT NICE DREAMS ENTERPRI (1) count(s) 1. THE DEFT IS HEREBY SENTENCED TO PROBATION FOR A TERM OF 3 YEARS, WITH STANDARD CONDITIONS OF SUPERVISION AND ADDITIONAL CONDITIONS AS STATED MORE FULLY IN ORDER. THE DEFT SHALL PAY A CRIMINAL MONETARY PENALTY OF $400.00. PURSUANT TO THIS COURT'S FORFEITURE ORDER DATED 9/10/03, NICE DREAMS ENTERPRISES IS REQUIRED TO FORFEIT THE INTERNET DOMAIN NAME CHONGGLASS.COM AND ALL OF ITS CONTRACTUAL RIGHTS, ALL OF THE ITEMS OF DRUG PARAPHERNALIA SEIZED AT 530 PATRICE PLACE, GARDENA, CA, AND IS REQUIRED TO COMPLY WITH ALL OTHER TERMS REGARDING FORFEITURE OF ASSETS AS IS FULLY SET FORTH IN PARAGRAPH A3 OF THE PLEA AGREEMENT. (signed by Judge Arthur J. Schwab on 9/11/03) (ksa) Modified on 05/05/2004 (Entered: 09/16/2003)
09/17/200318 Satisfaction of Judgment as to Special Assessment by NICE DREAMS ENTERPRI (ksa) (Entered: 09/18/2003)