U.S. District Court
Eastern District of Virginia - (Norfolk)
CRIMINAL DOCKET FOR CASE #: 2:11-cr-00190-AWA-TEM All Defendants


Case title: USA v. Avery et al

Date Filed: 11/16/2011
Date Terminated: 07/13/2012

Assigned to: District Judge Arenda L. Wright Allen
Referred to: Magistrate Judge Tommy E. Miller

Defendant (1)
Steven E. Avery
TERMINATED: 07/13/2012
represented byHunter Wilmer Sims , Jr.
Kaufman & Canoles PC
150 W Main St
PO Box 3037
Norfolk, VA 23510
(757) 624-3000
Email: hwsims@kaufcan.com
LEAD ATTORNEY
Designation: Retained

Patrick Hugh O'Donnell
Kaufman & Canoles PC
150 W Main St
PO Box 3037
Norfolk, VA 23510
(757) 624-3305
Fax: (757) 624-3169
Email: phodonnell@kaufcan.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
T. 33 U.S.C. 407 and T. 18 U.S.C. 2 - Refuse Act Violation (Misdemeanor)
(7)
IMPRISONMENT: TWELVE (12) MONTHS; SUPERVISED RELEASE: ONE (1) YEAR; SPECIAL ASSESSMENT: $25.00; FINE: $25,000; RESTITUTION: $66,402.41 JOINTLY AND SEVERALLY

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
T. 18 U.S.C. 371 - Conspiracy
(1)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 1311(a) and 1319(c)(2)(A) and T. 18 2 - Knowing Discharge of a Pollutant in Violation of Clean Water Act
(2)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 1311(a) and 1319(c)(1)(A) and T. 18 U.S.C. 2 - Negligent Discharge of a Pollutant in Violation of Clean Water Act (Misdemeanor)
(3)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 1321(b)(3) and 1319(c)(2)(A) and T. 18 U.S.C. 2 - Knowing Discharge of Oil in Violation of the Oil Pollution Act
(4)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 1321(b)(3) and 1319(c)(1)(A) and T. 18 U.S.C. 2 - Knowing Discharge of Oil in Violation of the Oil Pollution Act (Misdemeanor)
(5)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 18 U.S.C. 1001(a)(2) - False Statements
(6)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 407 and T. 18 U.S.C. 2 - Refuse Act Violation (Misdemeanor)
(8)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: District Judge Arenda L. Wright Allen
Referred to: Magistrate Judge Tommy E. Miller

Defendant (2)
Billy J. Avery
TERMINATED: 07/13/2012
also known as
William J. Avery
TERMINATED: 07/13/2012
represented byMarissa Marriott Henderson
Ventker & Warman
101 West Main St
Suite 810
Norfolk, VA 23510
757-625-1192
Email: mhenderson@ventkerlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

David Neil Ventker
Ventker & Warman
101 West Main St
Suite 810
Norfolk, VA 23510
(757) 625-1192
Fax: (757) 625-1475
Email: dventker@ventkerlaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
T. 33 U.S.C. 407 and T. 18 U.S.C. 2 - Refuse Act Violation (Misdemeanor)
(7)
PROBATION: FIVE (5) YEARS; SPECIAL ASSESSMENT: $25.00; FINE: $25,000; RESTITUTION: $66,402.41 JOINTLY AND SEVERALLY

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
T. 18 U.S.C. 371 - Conspiracy
(1)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 1311(a) and 1319(c)(2)(A) and T. 18 2 - Knowing Discharge of a Pollutant in Violation of Clean Water Act
(2)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 1311(a) and 1319(c)(1)(A) and T. 18 U.S.C. 2 - Negligent Discharge of a Pollutant in Violation of Clean Water Act (Misdemeanor)
(3)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 1321(b)(3) and 1319(c)(2)(A) and T. 18 U.S.C. 2 - Knowing Discharge of Oil in Violation of the Oil Pollution Act
(4)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 1321(b)(3) and 1319(c)(1)(A) and T. 18 U.S.C. 2 - Knowing Discharge of Oil in Violation of the Oil Pollution Act (Misdemeanor)
(5)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING
T. 33 U.S.C. 407 and T. 18 U.S.C. 2 - Refuse Act Violation (Misdemeanor)
(8)
DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: District Judge Arenda L. Wright Allen
Referred to: Magistrate Judge Tommy E. Miller

Defendant (3)
Sea Solutions, Inc.
TERMINATED: 07/13/2012
represented byMarissa Marriott Henderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

David Neil Ventker
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
T. 33 U.S.C. 1311(a) and 1319(c)(2)(A) and T. 18 2 - Knowing Discharge of a Pollutant in Violation of Clean Water Act
(2)
PROBATION: ONE (1) YEAR

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
T. 18 U.S.C. 371 - Conspiracy
(1)
DISMISSED
T. 33 U.S.C. 1311(a) and 1319(c)(1)(A) and T. 18 U.S.C. 2 - Negligent Discharge of a Pollutant in Violation of Clean Water Act (Misdemeanor)
(3)
DISMISSED
T. 33 U.S.C. 1321(b)(3) and 1319(c)(2)(A) and T. 18 U.S.C. 2 - Knowing Discharge of Oil in Violation of the Oil Pollution Act
(4)
DISMISSED
T. 33 U.S.C. 1321(b)(3) and 1319(c)(1)(A) and T. 18 U.S.C. 2 - Knowing Discharge of Oil in Violation of the Oil Pollution Act (Misdemeanor)
(5)
DISMISSED
T. 33 U.S.C. 407 and T. 18 U.S.C. 2 - Refuse Act Violation (Misdemeanor)
(7-8)
DISMISSED

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJoseph L Kosky
United States Attorney's Office - Norfolk
101 W Main St
Suite 8000
Norfolk, VA 23510
(757) 441-6331
Email: joseph.kosky@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Melissa E O'Boyle
United States Attorney Office
101 W Main St
Suite 8000
Norfolk, VA 23510
(757) 441-6331
Fax: (757) 441-6689
Email: melissa.oboyle@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/16/2011INDICTMENT RETURNED AND FILED IN OPEN COURT as to Steven E. Avery (1) count(s) 1, 2, 3, 4, 5, 6, 7-8, Billy J. Avery (2) count(s) 1, 2, 3, 4, 5, 7-8, Sea Solutions, Inc. (3) count(s) 1, 2, 3, 4, 5, 7-8. On Motion of the Government, the Court directed: Summons to be issued for initial appearance. Defendant to report to Pretrial Services at 9:00 a.m. on 12/2/2011. (Attachments: # 1 Criminal Cover Sheet Steven Avery, # 2 Criminal Cover Sheet Billy Avery) (bnew) Modified on 2/1/2012 (bnew). (Entered: 11/17/2011)
11/16/2011NOTICE OF HEARING as to Steven E. Avery, Billy J. Avery, Sea Solutions, Inc. Initial Appearance set for 12/2/2011 at 09:00 AM in Norfolk Mag Courtroom 2 before Magistrate Judge F. Bradford Stillman. (bnew) Modified on 2/1/2012 (bnew). (Entered: 11/17/2011)
11/16/2011Summons Issued in case as to Steven E. Avery. (bnew) (Entered: 11/17/2011)
11/16/2011Summons Issued in case as to Billy J. Avery. (bnew) Modified on 2/1/2012 (bnew). (Entered: 11/17/2011)
11/16/2011Summons Issued in case as to Sea Solutions, Inc. (bnew) (Entered: 11/17/2011)
11/17/2011  Set Hearings as to Steven E. Avery, Billy J. Avery, Sea Solutions, Inc.: Initial Appearance set for 12/2/2011 at 09:00 AM in Norfolk Mag Courtroom 2 before Magistrate Judge F. Bradford Stillman. Modified on 12/2/2011 (cdod, ). Modified on 2/1/2012 (bnew). (Entered: 11/17/2011)
11/21/201110 Summons Returned Executed on 11/18/2011 as to Sea Solutions, Inc. (bnew) (Entered: 11/21/2011)
11/23/201111 Summons Returned Executed on 11/23/11 as to Steven E. Avery (ldab, ) (Entered: 11/25/2011)
12/02/2011  Set/Reset Deadlines/Hearings as to Steven E. Avery, Billy J. Avery, Sea Solutions, Inc.: Arraignment set for 12/7/2011 at 09:00 AM in Norfolk Courtroom 5 before Magistrate Judge F. Bradford Stillman. (afor, ) Modified on 2/1/2012 (bnew). (Entered: 12/02/2011)
12/02/201112 NOTICE OF ATTORNEY APPEARANCE: Marissa Marriott Henderson appearing for Billy J. Avery, Sea Solutions, Inc. (Henderson, Marissa) Modified on 2/1/2012 (bnew). (Entered: 12/02/2011)
12/02/201113 NOTICE Financial Disclosure Statement pursuant to Local Criminal Rule 12.4 by Sea Solutions, Inc. (Henderson, Marissa) (Entered: 12/02/2011)
12/02/201114 NOTICE OF ATTORNEY APPEARANCE: David Neil Ventker appearing for Billy J. Avery, Sea Solutions, Inc. (Ventker, David) Modified on 2/1/2012 (bnew). (Entered: 12/02/2011)
12/02/201115 Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman:Initial Appearance as to Steven E. Avery held. (Court Reporter: FTR) USA appeared through Joe Kosky, AUSA; Defendant present and appeared through Patrick O'Donnell, Retained. Defendant advised of rights, charges, and right to counsel. Defendant is directed to appear on 12/7/11 at 9:00 a.m. for Arraignment in Norfolk. (bnew) (Entered: 12/02/2011)
12/02/201116 Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman:Initial Appearance as to Billy J. Avery held. (Court Reporter FTR.) USA appeared through Joe Kosky, AUSA; Defendant present and appeared through Marissa Henderson, Retained. Defendant advised of rights, charges, and right to counsel. Defendant is directed to appear on 12/7/11 at 9:00 a.m. for Arraignment in Norfolk. (bnew) Modified on 2/1/2012 (bnew). (Entered: 12/02/2011)
12/02/201117 Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman:Initial Appearance as to Sea Solutions, Inc. held. (Court Reporter FTR.) USA appeared through Joe Kosky, AUSA; Defendant present (Amy Joyce Avery appeared as representative of company) and appeared through Marissa Henderson, Retained. Defendant advised of rights, charges, and right to counsel. Defendant is directed to appear on 12/7/11 at 9:00 a.m. for Arraignment in Norfolk. (bnew) (Entered: 12/02/2011)
12/02/201118 Summons Returned Executed on 11/28/2011 as to Billy J. Avery. (bnew) Modified on 2/1/2012 (bnew). (Entered: 12/03/2011)
12/06/2011  Case as to Steven E. Avery, Billy J. Avery, Sea Solutions, Inc. Reassigned to District Judge Arenda L. Wright Allen. District Judge Robert G. Doumar no longer assigned to the case. (arou) Modified on 2/1/2012 (bnew). (Entered: 12/06/2011)
12/07/201119 Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman:Arraignment as to Steven E. Avery (1) Count 1,2,3,4,5,6,7-8 held. (Court Reporter Jody Stewart, OCR.) USA appeared through Joe Kosky, AUSA; Defendant present and appeared through Hunter Sims, Retained. Defendant waived formal arraignment; entered plea of not guilty; and Jury demanded. By agreement of all parties, due to the complexity of the case and/or in the interest of justice, pursuant to 18 USC 3161(h), speedy trial is waived. Preliminary Motions due by 2/15/2012; Responses due by 2/27/2012. Jury Trial set for 5/8/2012 at 10:00 AM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. (bnew) (Entered: 12/07/2011)
12/07/201120 WAIVER of Right to be Present at Hearings on Motions Prior to Trial by Steven E. Avery. (bnew) (Entered: 12/07/2011)
12/07/201121 Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman:Arraignment as to Billy J. Avery (2) Count 1,2,3,4,5,7-8 held. (Court Reporter Jody Stewart, OCR.) USA appeared through Joe Kosky, AUSA; Defendant present and appeared through Marissa Henderson, Retained. Defendant waived formal arraignment; entered plea of not guilty; and Jury demanded. By agreement of all parties, due to the complexity of the case and/or in the interest of justice, pursuant to 18 USC 3161(h), speedy trial is waived. Preliminary Motions due by 2/15/2012; Responses due by 2/27/2012. Jury Trial set for 5/8/2012 at 10:00 AM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. (bnew) Modified on 2/1/2012 (bnew). (Entered: 12/07/2011)
12/07/201122 WAIVER of Right to be Present at Hearings on Motions Prior to Trial by Billy J. Avery. (bnew) Modified on 2/1/2012 (bnew). (Entered: 12/07/2011)
12/07/201123 Minute Entry for proceedings held before Magistrate Judge F. Bradford Stillman:Arraignment as to Sea Solutions, Inc. (3) Count 1,2,3,4,5,7-8 held. (Court Reporter Jody Stewart, OCR.) USA appeared through Joe Kosky, AUSA; Defendant present and appeared through Marissa Henderson, Retained. Defendant waived formal arraignment; entered plea of not guilty; and Jury demanded. By agreement of all parties, due to the complexity of the case and/or in the interest of justice, pursuant to 18 USC 3161(h), speedy trial is waived. Preliminary Motions due by 2/15/2012; Responses due by 2/27/2012. Jury Trial set for 5/8/2012 at 10:00 AM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. (bnew) (bnew) (Entered: 12/07/2011)
12/07/201124 WAIVER of Right to be Present at Hearings on Motions Prior to Trial by Sea Solutions, Inc. (bnew) (Entered: 12/07/2011)
01/20/201225 Agreed Discovery Order as to Steven E. Avery. Signed by Magistrate Judge Tommy E. Miller and filed on 1/20/2012. (bnew) (Entered: 01/20/2012)
01/31/201226  JOINT MOTION to Amend all pleadings to reflect defendant's correct legal name by USA, Billy J. Avery as to Billy J. Avery. (Attachments: # 1 Proposed Order)(bnew) Modified on 2/1/2012 (bnew). (Entered: 01/31/2012)
01/31/201227 ORDER granting 26 Motion to Amend all pleadings to reflect defendant's correct legal name as to Billy J. Avery (2). Signed by District Judge Arenda L. Wright Allen on 1/31/2012. (Allen, Arenda) Modified on 2/1/2012 (bnew). (Entered: 01/31/2012)
02/01/201228 Agreed Discovery Order as to Billy J. Avery. Signed by Magistrate Judge F. Bradford Stillman on 1/31/2012 and filed on 2/1/2012. (bnew) (Entered: 02/01/2012)
02/01/201229 Agreed Discovery Order as to Sea Solutions, Inc.. Signed by Magistrate Judge F. Bradford Stillman on 1/31/2012 and filed on 2/1/2012. (bnew) (Entered: 02/01/2012)
03/27/201230 NOTICE OF ATTORNEY APPEARANCE: Hunter Wilmer Sims, Jr appearing for Steven E. Avery (Sims, Hunter) (Entered: 03/27/2012)
03/27/201231 NOTICE OF ATTORNEY APPEARANCE: Patrick Hugh O'Donnell appearing for Steven E. Avery (O'Donnell, Patrick) (Entered: 03/27/2012)
03/29/2012  Plea Agreement Hearing as to Steven E. Avery set for 4/12/2012 at 02:00 PM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. (lhow) (Entered: 03/29/2012)
03/29/2012  Plea Agreement Hearing as to Billy J. Avery set for 4/12/2012 at 02:30 PM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. (lhow) (Entered: 03/29/2012)
03/29/2012  Plea Agreement Hearing as to Sea Solutions, Inc. set for 4/12/2012 at 03:00 PM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. (lhow) (Entered: 03/29/2012)
04/12/201234 Plea Agreement Hearing before District Judge Arenda L. Wright Allen as to Steven E. Avery held on 4/12/2012: Joseph Kosky present on behalf of the government; Hunter Sims, Jr. and Patrick O'Donnell present on behalf of the defendant; Defendant present; Defendant sworn; The Court explained to the defendant that by pleading guilty he waived his right of appeal. Plea entered by Steven E. Avery (1) Guilty: Count 7. The Court finds the defendant guilty as charged as to Count 7. Sentencing set for 7/12/2012 at 09:00 AM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. Defendant placed on PR Bond with conditions.(Court Reporter Tamora Tichenor.) (lhow) (Entered: 04/13/2012)
04/12/201235 PLEA AGREEMENT as to Steven E. Avery filed in open court. (lhow) (Entered: 04/13/2012)
04/12/201236 Statement of Facts as to Steven E. Avery filed in open court. (lhow) (Entered: 04/13/2012)
04/12/201237 Sentencing Procedures Order as to Steven E. Avery. Entered by District Judge Arenda L. Wright Allen and filed on 4/12/12. (lhow) (Entered: 04/13/2012)
04/12/201238 Plea Agreement Hearing before District Judge Arenda L. Wright Allen as to Billy J. Avery held on 4/12/2012: Joseph Kosky present on behalf of the government; David Ventker present on behalf of the defendant; Defendant present; Defendant sworn; The Court explained to the defendant that by pleading guilty he waived his right of appeal; Plea entered by Billy J. Avery (2) Guilty: Count 7. The Court finds the defendant guilty as charged as to Count 7. Sentencing set for 7/12/2012 at 11:00 AM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. The Court placed the defendant on a PR bond with conditions.(Court Reporter Tamora Tichenor.) (lhow) (Entered: 04/13/2012)
04/12/201239 PLEA AGREEMENT as to Billy J. Avery filed in open court. (lhow) (Entered: 04/13/2012)
04/12/201240 Statement of Facts as to Billy J. Avery filed in open court. (lhow) (Entered: 04/13/2012)
04/12/201241 Sentencing Procedures Order as to Billy J. Avery.Entered by District Judge Arenda L. Wright Allen and filed on 4/12/12. (lhow) (Entered: 04/13/2012)
04/12/201242 Plea Agreement Hearing before District Judge Arenda L. Wright Allen as to Sea Solutions, Inc. held on 4/12/2012: Joseph Kosky present on behalf of the government; David Ventker present on behalf of the defendant; Defendant appeared through Aimee Joyce "A.J." Avery, President of Sea Solutions, Inc.; Defendant sworn; The Court explained to the defendant that by pleading guilty she waived her right of appeal. Plea entered by Sea Solutions, Inc. (3) Guilty: Count 2. Court finds defendant guilty as charged as to Count 2. Sentencing set for 7/12/2012 at 02:30 PM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. (Court Reporter Tamora Tichenor.)(lhow) (Entered: 04/13/2012)
04/12/201243 Unanimous Written Consent filed in open court. (lhow) (Entered: 04/13/2012)
04/12/201244 PLEA AGREEMENT as to Sea Solutions, Inc. filed in open court. (lhow) (Entered: 04/13/2012)
04/12/201245 Statement of Facts as to Sea Solutions, Inc. filed in open court. (lhow) (Entered: 04/13/2012)
04/12/201246 Sentencing Procedures Order as to Sea Solutions, Inc. Entered by District Judge Arenda L. Wright Allen and filed on 4/12/12. (lhow) (Entered: 04/13/2012)
04/13/201232 ORDER Setting Conditions of Release as to Steven E. Avery (1) Personal Recognizance as to Steven E. Avery. Signed by District Judge Arenda L. Wright Allen on 4/12/2012; filed on 4/13/2012. (bnew) (Entered: 04/13/2012)
04/13/201233 ORDER Setting Conditions of Release as to Billy J. Avery (2) Personal Recognizance as to Billy J. Avery. Signed by District Judge Arenda L. Wright Allen on 4/12/2012; filed on 4/13/2012. (bnew) (Entered: 04/13/2012)
06/04/201247  Addendum Due: 07/02/2012 PRESENTENCE INVESTIGATION REPORT (Disclosed Presentence Investigation Report) (SEALED - government and defense counsel) as to Billy J. Avery. Objections to PSI due 06/21/2012. (Van Roey, Christine) (Entered: 06/04/2012)
06/04/201248  Addendum Due: 07/02/2012 PRESENTENCE INVESTIGATION REPORT (Disclosed Presentence Investigation Report) (SEALED - government and defense counsel) as to Steven E. Avery. Objections to PSI due 06/21/2012. (Van Roey, Christine) (Entered: 06/04/2012)
06/04/201249  Addendum Due: 07/02/2012 PRESENTENCE INVESTIGATION REPORT (Disclosed Presentence Investigation Report) (SEALED - government and defense counsel) as to Sea Solutions, Inc.. Objections to PSI due 06/21/2012. (Van Roey, Christine) (Entered: 06/04/2012)
06/26/201250  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Billy J. Avery. (Van Roey, Christine) (Entered: 06/26/2012)
06/26/201252  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Sea Solutions, Inc.. (Van Roey, Christine) (Entered: 06/26/2012)
06/27/201254  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Steven E. Avery. (Van Roey, Christine) (Entered: 06/27/2012)
07/05/201256 Position on Sentencing by USA as to Sea Solutions, Inc. (Kosky, Joseph) (Entered: 07/05/2012)
07/05/201257 Position on Sentencing by USA as to Billy J. Avery (Kosky, Joseph) (Entered: 07/05/2012)
07/05/201258 Position on Sentencing by USA as to Steven E. Avery (Kosky, Joseph) (Entered: 07/05/2012)
07/06/201259 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Steven E. Avery (O'Donnell, Patrick) (Entered: 07/06/2012)
07/09/201260 Position on Sentencing by Billy J. Avery and Exceptions to the Government's Position on Sentencing (Henderson, Marissa) (Entered: 07/09/2012)
07/09/201261 SENTENCING MEMORANDUM by Steven E. Avery (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(O'Donnell, Patrick) (Entered: 07/09/2012)
07/10/201262 Position on Sentencing by Sea Solutions, Inc. (Henderson, Marissa) (Entered: 07/10/2012)
07/11/201263  WITNESS LIST by Steven E. Avery (O'Donnell, Patrick) (Entered: 07/11/2012)
07/12/201264 Sentencing held before District Judge Arenda L. Wright Allen on 7/12/2012 for Steven E. Avery: Joseph Kosky present on behalf of the government; Hunter Sims and Patrick O'Donnell present on behalf of the defendant, retained. Defendant present and on bond; Defendant sworn; Court adopts the factual statements contained in the PSR. Evidence presented. (exhibit list on last page of minutes). Arguments of counsel heard. Steven E. Avery(1), Counts 1-6 and 8, DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING; Count 7, IMPRISONMENT: TWELVE (12) MONTHS; SUPERVISED RELEASE: ONE (1) YEAR; SPECIAL ASSESSMENT: $25.00. Defendant shall self surrender on 8/24/12. Defendant notified of his right of appeal. Defendant continued on present bond and cautioned re bail jumping. (Court Reporter Tamora Tichenor.)(lhow) (Entered: 07/12/2012)
07/12/201265 Sentencing before District Judge Arenda L. Wright Allen held on 7/12/2012 for Billy J. Avery: Joseph Kosky present on behalf of the government; David Ventker and Marissa Henderson present on behalf of the defendant, Retained. Defendant present and on bond; Defendant sworn; The Court adopts the factual statements contained in the PSR. Evidence presented.(exhibit list on last page of minutes); Arguments of counsel heard. Billy J. Avery (2), Counts 1-5 and 8, DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING; Count 7, PROBATION: FIVE (5) YEARS; SPECIAL ASSESSMENT: $25.00; FINE: $25,000; RESTITUTION: $66,402.41 JOINTLY AND SEVERALLY. Defendant notified of his right of appeal. (Court Reporter Tamora Tichenor.)(lhow) (Entered: 07/12/2012)
07/12/201266 Sentencing held before District Judge Arenda L. Wright Allen on 7/12/2012 for Sea Solutions, Inc.; Joseph Kosky present on behalf of the government; David Ventker and Marissa Henderson present on behalf of the defendant corporation, Retained; Representative for the defendant corporation sworn. Sea Solutions, Inc. (3), Counts 1, 3, 4, 5, 7-8, DISMISSED; Count 2, PROBATION: ONE (1) YEAR. (Court Reporter Tamora Tichenor.)(lhow) (Entered: 07/13/2012)
07/13/201267 JUDGMENT as to Steven E. Avery (1), Count 1, 2, 3, 4, 5, 6, 8, DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING; Count 7, IMPRISONMENT: TWELVE (12) MONTHS; SUPERVISED RELEASE: ONE (1) YEAR; SPECIAL ASSESSMENT: $25.00; FINE: $25,000; RESTITUTION: $66,402.41 JOINTLY AND SEVERALLY (signed by District Judge Arenda L. Wright Allen on 7/12/12) & filed on 7/13/12. (mnew) (Entered: 07/13/2012)
07/13/201268 Sealed Statement of Reasons as to Steven E. Avery (signed by District Judge Arenda L. Wright Allen on 7/12/12). (mnew, ). (Entered: 07/13/2012)
07/13/201269 JUDGMENT as to Billy J. Avery (2), Counts 1, 2, 3, 4, 5, 8, DISMISSED ON MOTION OF THE GOVERNMENT AT SENTENCING; Count 7, PROBATION: FIVE (5) YEARS; SPECIAL ASSESSMENT: $25.00; FINE: $25,000; RESTITUTION: $66,402.41 JOINTLY AND SEVERALLY (signed by District Judge Arenda L. Wright Allen on 7/12/12) & filed on 7/13/12. (mnew) (Entered: 07/13/2012)
07/13/201270 Sealed Statement of Reasons as to Billy J. Avery (signed by District Judge Arenda L. Wright Allen on 7/12/12). (mnew) (mnew, ). (Entered: 07/13/2012)
07/13/201271 JUDGMENT as to Sea Solutions, Inc. (3), Count(s) 1, 3, 4, 5, 7-8 - DISMISSED; Count(s) 2: PROBATION: ONE (1) YEAR. Signed by District Judge Arenda L. Wright Allen on 7/12/12. (arou) (Entered: 07/16/2012)
07/13/201272 Sealed Statement of Reasons as to Sea Solutions, Inc.. Signed by District Judge Arenda L. Wright Allen on 7/12/12. (arou) (Entered: 07/16/2012)
07/19/201273  PRESENTENCE INVESTIGATION REPORT (Final Presentence Investigation Report) (SEALED - government and defense counsel) as to Steven E. Avery. (Van Roey, Christine) (Entered: 07/19/2012)
07/26/201274 AMENDED JUDGMENT as to Sea Solutions, Inc. (3), Count(s) 1, 3, 4, 5, 7-8, DISMISSED; Count(s) 2, PROBATION: ONE (1) YEAR. Signed by District Judge Arenda L. Wright Allen on 7/25/2012; filed on 7/26/2012. (bnew) (Entered: 07/26/2012)
09/18/201275 Letter confirming receipt of Exhibits from AUSA Kosky. (bnew) (Entered: 09/18/2012)
12/03/201276 Report and Order Terminating Supervised Release Prior to Original Expiration Date as to Sea Solutions, Inc. Signed by District Judge Arenda L. Wright Allen and filed on 12/3/2012. (bnew) (Entered: 12/04/2012)



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