CLOSED

U.S. District Court
Northern District of Texas (Dallas)
CRIMINAL DOCKET FOR CASE #: 3:04-cr-00130-M-1


Case title: USA v. Perfection Industries, Inc.

Date Filed: 04/06/2004
Date Terminated: 05/26/2005

Assigned to: Judge Barbara M.G. Lynn

Defendant (1)
Perfection Industries, Inc.
TERMINATED: 05/26/2005
represented byCharles W Blau
Meadows Collier Reed Cousins & Blau LLP
901 Main St
Suite 3700
Dallas, TX 75202
214/744-3700
Fax: 214/747-3732
Email: charlesblau@charter.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Lezlie Brooke Willis
Sonnenschein Nath & Rosenthal LLP
2000 McKinney Ave.
Suite 1900
Dallas, TX 75201
214/259-0960
Fax: 214/259-0910
Email: lwillis@sonnenschein.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18 U.S.C. 1001(a)(1) and 2 False Statement as to a Matter Within the Executive Branch; Aiding and Abetting
(1)
Probation 5 years; Fine imposed in the amount of $150,000; $400 SA

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18 U.S.C. 1341 and 2 Mail Fraud; Aiding and Abetting
(2)
Dismissed on Government Motion
18 U.S.C. 1001(a)(1) and 2 False Statement as to a Matter Within the Executive Branch; Aiding and Abetting
(3)
Dismissed on Government Motion
18 U.S.C. 1341 and 2 Mail Fraud; Aiding and Abetting
(4)
Dismissed on Government Motion
33 U.S.C. 1319(c)(2)(A) and 18 U.S.C. 2 Clean Water Act; Aiding and Abetting
(5-8)
Dismissed on Government Motion
18 U.S.C. 1001(a)(1) and 2 False Statement as to a Matter Within the Executive Branch; Aiding and Abetting
(9)
Dismissed on Government Motion
18 U.S.C. 1341 and 2 Mail Fraud; Aiding and Abetting
(10)
Dismissed on Government Motion
33 U.S.C. 1319(c)(2)(A) and 18 U.S.C. 2 Clean Water Act; Aiding and Abetting
(11)
Dismissed on Government Motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJohn P Bradford-DOJ
US Attorney's Office
Burnett Plaza
801 Cherry St Suite 1700
Fort Worth, TX 76102-6882
817/252-5248
Fax: 817/978-6381
Email: john.bradford@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
04/06/2004INDICTMENT as to Perfection Industries, Inc. (1) count(s) 1, 2, 3, 4, 5-8, 9, 10, 11. (nap, ) (Entered: 04/08/2004)
04/06/2004  ***Magistrate Judge Jeff Kaplan chosen by random selection to handle matters that may be referred in case as to Perfection Industries, Inc. (nap, ) (Entered: 04/08/2004)
04/08/2004Summons Issued as to Perfection Industries, Inc. Initial Appearance set for 4/28/2004 at 9:30 AM before Judge Barbara M. G. Lynn. (nap, ) (Entered: 04/08/2004)
04/08/2004NOTICE OF HEARING as to Perfection Industries, Inc. : Arraignment set for 4/28/2004 at 9:30 AM before Judge Barbara M. G. Lynn. (nap, ) (Entered: 04/09/2004)
04/21/2004Summons Returned Executed on 4/20/04 as to Perfection Industries, Inc. (nap, ) (Entered: 04/21/2004)
04/28/2004  Minute Entry for proceedings held before Judge Barbara M. G. Lynn : Initial Appearance as to Perfection Industries, Inc. (with Kent McNair, President of Corporation present) held on 4/28/04. (Court Reporter Sue Engledow.) (nap, ) Modified on 5/4/2004 (nap, ) (Entered: 05/04/2004)
04/28/2004Minute Entry for proceedings held before Judge Barbara M. G. Lynn : Arraignment as to Perfection Industries, Inc. (1) Counts 1,2,3,4,5-8,9,10,11 held on 4/28/04. Plea entered by Perfection Industries, Inc. : Not Guilty on counts 1-11. Trial set for 6/14/04 at 9:00 a.m. Scheduling Order to follow. (Court Reporter Sue Engledow.) (nap, ) (Entered: 05/04/2004)
05/05/2004SCHEDULING ORDER as to Perfection Industries, Inc. Jury Trial set for 6/29/2004 at 9:00 AM before Judge Barbara M. G. Lynn. Pretrial Conference set for 6/29/2004 at 8:30 AM before Judge Barbara M. G. Lynn. Pretrial Motions due by 5/19/2004. Government Responses due by 5/26/2004. (Signed by Judge Barbara M. G. Lynn on 5/5/04) (nap, ) (Entered: 05/06/2004)
05/20/2004ORDER as to Perfection Industries, Inc. Kent McNair, president of Defendant Perfection Industries, Inc., is to contact the court in writing on or before 5/24/04 by 5:00 p.m. about the Dft's obtaining counsel. See order for specifics. (Signed by Judge Barbara M. G. Lynn on 5/20/04) (nap, ) (Entered: 05/24/2004)
05/21/2004ORDER as to Perfection Industries, Inc. Lead counsel in all cases pending before Judge Barbara M. G. Lynn are strongly encouraged to register for electronic transmission of notice. The District Clerk's Office has discontinued fax noticing of docket activity, and notices are being sent through U.S. mail to those attorneys who have not registered for electronic noticing. For more information about how to register for electronic noticing, counsel should visit the Northern District of Texas website at http://www.txnd.uscourts.gov/records/ens.html. (Signed by Judge Barbara M. G. Lynn on 5/21/04) (nap, ) (Entered: 05/24/2004)
06/24/2004 MOTION to Continue by Perfection Industries, Inc. (nap, ) (Entered: 06/25/2004)
06/24/200410 WAIVER of Speedy Trial by Perfection Industries, Inc. (nap, ) (Entered: 06/25/2004)
06/24/200411 WAIVER of Speedy Trial by Perfection Industries, Inc. (nap, ) (Entered: 06/25/2004)
06/24/200412 NOTICE OF ATTORNEY APPEARANCE and Request for Service by Charles W Blau appearing for Perfection Industries, Inc. (nap, ) (Entered: 06/25/2004)
06/28/200413 ORDER TO CONTINUE in the Interest of Justice as to Perfection Industries, Inc., granting 9 Motion to Continue. The Court continues the jury trial to 9/7/04 at 9:00. See order for specifics. Time excluded from 6/29/04 until 9/7/04. (Signed by Judge Barbara M. G. Lynn on 6/28/04) (nap, ) (Entered: 06/29/2004)
08/10/200414  UNOPPOSED MOTION for Extension of Time to file Pretrial Motions by Perfection Industries, Inc. (nap, ) (Entered: 08/11/2004)
08/11/200415 ORDER granting 14 UNOPPOSED MOTION for Extension of Time to file Pretrial Motions as to Perfection Industries, Inc. (1). Pretrial Motions due by 8/23/2004. Government Responses due by 8/30/2004. (Signed by Judge Barbara M. G. Lynn on 8/11/04) (nap, ) (Entered: 08/12/2004)
08/24/200416 Factual Resume as to Perfection Industries, Inc. (nap, ) (Entered: 08/25/2004)
08/24/200417 PLEA AGREEMENT with Waiver of Appeal as to Perfection Industries, Inc. (nap, ) (Entered: 08/25/2004)
08/30/200418 NOTICE OF HEARING as to Perfection Industries, Inc. : Rearraignment set for 9/3/2004 at 1:30 PM before Judge Barbara M. G. Lynn. (nap, ) (Entered: 08/31/2004)
09/03/200419 Minute Entry for proceedings held before Judge Barbara M. G. Lynn : Rearraignment Hearing as to Perfection Industries, Inc. held on 9/3/04. Plea entered by Perfection Industries, Inc. (1) Guilty Count 1. (Court Reporter Sue Engledow.) (nap, ) (Entered: 09/07/2004)
09/03/200420 Sentencing Scheduling Order as to Perfection Industries, Inc. : Presentence Investigation Report due by 10/22/2004. Objections to Presentence Investigation Report due by 11/5/2004. Presentence Investigation Addendum due by 11/12/2004. Objections to Presentence Investigation Addendum due by 11/19/2004. Sentencing set for 12/3/2004 at 1:30 PM before Judge Barbara M. G. Lynn. (Signed by Judge Barbara M. G. Lynn on 9/3/4) (nap, ) (Entered: 09/07/2004)
09/28/200421 ORDER Resetting Sentencing Date as to Perfection Industries, Inc. Sentencing reset for 12/22/2004 9:00 AM before Judge Barbara M. G. Lynn. (Signed by Judge Barbara M. G. Lynn on 9/28/04) (nap, ) (Entered: 09/30/2004)
11/01/200422  Order Resetting Date and Time of Sentencing as to Perfection Industries, Inc. Sentencing reset for 1/19/2005 at 9:00 AM before Judge Barbara M. G. Lynn. See order for specifics. (Signed by Judge Barbara M. G. Lynn on 11/1/04) (nap, ) (Entered: 11/04/2004)
01/03/200523 ORDER Changing Time of Sentencing as to Perfection Industries, Inc.: Sentencing now set for 1/19/2005 at 2:00 PM before Judge Barbara M. G. Lynn. (Signed by Judge Barbara M. G. Lynn on 1/3/05) (nap, ) (Entered: 01/04/2005)
01/21/200524 ORDER Continuing Sentencing as to Perfection Industries, Inc.: Sentencing continued to 2/23/2005 09:30 AM before Judge Barbara M. G. Lynn. See order for specifics. (Signed by Judge Barbara M. G. Lynn on 1/21/05) (nap, ) (Entered: 01/25/2005)
02/08/200525 Sentencing Memorandum Addressing Application of United States v. Booker as to Perfection Industries, Inc. (svc, ) (Entered: 02/09/2005)
02/09/200526  Brief Regarding United States v. Booker as to Perfection Industries, Inc. (nap, ) (Entered: 02/10/2005)
02/24/200527 ORDER Continuing Sentencing as to Perfection Industries, Inc.: Sentencing continued to 4/1/2005 01:30 PM before Judge Barbara M. G. Lynn. (Signed by Judge Barbara M. G. Lynn on 2/24/05) (nap, ) (Entered: 02/25/2005)
03/03/200528  Order Continuing Sentencing as to Perfection Industries, Inc.: Sentencing continued to 4/13/2005 09:00 AM before Judge Barbara M. G. Lynn. (Signed by Judge Barbara M. G. Lynn on 3/3/05) (nap, ) (Entered: 03/07/2005)
04/13/200529 Minute Entry for proceedings held before Judge Barbara M. G. Lynn : Sentencing Hearing of 4/13/05 continued to Wednesday, 5/11/05 as to Perfection Industries, Inc. (Court Reporter Sue Engledow.) (nap, ) (Entered: 04/15/2005)
04/13/2005  Set/Reset Sentencing Scheduling Order Deadlines as to Perfection Industries, Inc.: Sentencing continued to 5/11/2005 09:00 AM before Judge Barbara M. G. Lynn. (nap, ) (Entered: 04/15/2005)
04/18/200530 Order Continuing Sentencing as to Perfection Industries, Inc. The Court has requested further documents from Defendant's counsel and the government, and in order to give counsel time to obtain such documents, the Court hereby Continues the sentencing to Wednesday, May 11, 2005 at 9:00am. Sentencing set for 5/11/2005 09:00 AM before Judge Barbara M. G. Lynn.(see order for specifics) (Signed by Judge Barbara M. G. Lynn on 04/18/05) (lmr, ) (Entered: 04/19/2005)
05/10/200531 PLEA AGREEMENT with Waiver of Appeal as to Perfection Industries, Inc. (nap, ) (Entered: 05/11/2005)
05/11/200532 Minute Entry for proceedings held before Judge Barbara M. G. Lynn : Sentencing held on 5/11/2005 for Perfection Industries, Inc. (1), Count 1, Fine imposed in the amount of $150,000; $400 SA; Count(s) 10, 11, 2, 3, 4, 5-8, 9, Dismissed on Government Motion. See J & C for specifics. (Court Reporter Sue Engledow.) (nap, ) (Entered: 05/13/2005)
05/26/200533 JUDGMENT. Perfection Industries, Inc. (1), Count 1, Probation 5 years; Fine imposed in the amount of $150,000; $400 SA; Count(s) 10, 11, 2, 3, 4, 5-8, 9, Dismissed on Government Motion. (Signed by Judge Barbara M. G. Lynn on 5/26/05) (nap, ) (Entered: 05/27/2005)