CLOSED, DOCSENT

U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Victoria)
CRIMINAL DOCKET FOR CASE #: 6:11-cr-00031 All Defendants


Case title: USA v. Vu et al

Date Filed: 04/27/2011
Date Terminated: 11/15/2011

Assigned to: Judge John D. Rainey

Defendant (1)
Khanh Vu
$50,000 Unsecured Appearance Bond
TERMINATED: 11/15/2011
represented byWilliam W Pierson
Royston Rayzor et al
802 N Carancahua
Ste 1300
Corpus Christi, TX 78401-0021
361-884-8808
Fax: 361-884-7261
Email: will.pierson@roystonlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Christopher Andrew Lowrance
Royston Rayzor et al
802 N Carancahua
Ste 1300
Corpus Christi, TX 78401-0021
361-884-8808
Fax: 361-884-7261
Email: chris.lowrance@roystonlaw.com
ATTORNEY TO BE NOTICED

Donald H Grissom
Grissom and Thompson LLP
509 W 12th St
Austin, TX 78701
512-478-4059
Fax: 512-482-8410
Email: don@gandtlaw.com
TERMINATED: 05/25/2011
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
TAKING, KILLING, OR POSSESSING MIGRATORY BIRDS: 16 USC 703 and 707(a), and Title 50, Code of Federal Regulations, Section 21.11; Penalty: 6 months and/or $15,000 fine; 1 year SRT.
(1)
18 months Probation. $5,000 Fine. $10 Special Assessment.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge John D. Rainey

Defendant (2)
Seaside Aquaculture, Inc.
$50,000 Appearance Bond
TERMINATED: 11/15/2011
represented byWilliam W Pierson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Christopher Andrew Lowrance
(See above for address)
ATTORNEY TO BE NOTICED

Donald H Grissom
(See above for address)
TERMINATED: 05/25/2011
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
TAKING, KILLING, OR POSSESSING MIGRATORY BIRDS
(1)
18 months Probation. $5,000 Fine. $50 Special Assessment.

Highest Offense Level (Opening)
Petty Offense

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byHugo Ricardo Martinez
United States Attorneys Office
800 N Shoreline Blvd
Suite 500
Corpus Christi, TX 78401
361-888-3111
Email: Hugo.R.Martinez@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Financial Litigation
U S Attorney's Office
Southern District of Texas
P O Box 61129
Houston, TX 77208
713-567-9000
Fax: 713-718-3391 fax
Email: flu.usatxs-@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Retained

US Marshal - V
312 S Main
Room 326
Victoria, TX 77901
361-578-4932
Fax: 361-576-0065
ATTORNEY TO BE NOTICED
Designation: Retained

US Pretrial Svcs-CC
1133 N Shoreline Blvd
Rm 114
Corpus Christi, TX 78401
361-888-3411
Fax: 361-888-3419 fax
ATTORNEY TO BE NOTICED
Designation: Retained

US Probation - V
312 S Main
Rm 302
Victoria, TX 77901
361-579-6640
Fax: 361-579-0330 fax
ATTORNEY TO BE NOTICED
Designation: Retained

Patricia Hubert Booth
United States Attorneys Office
800 N Shoreline
Ste 500
Corpus Christi, TX 78401
361-888-3111
Fax: 361-888-3200
Email: Patti.Booth@usdoj.gov
Designation: Retained

Date Filed #Docket Text
04/27/2011INDICTMENT (The original indictment with the signature of the grand jury foreperson is on file under seal with the clerk) as to Khanh Vu (1), Count 1, Seaside Aquaculture, Inc. (2), Count 1. (yhausmann, ) (Entered: 04/28/2011)
04/27/2011US Attys Criminal Docket Sheet as to Khanh Vu, Seaside Aquaculture, Inc. (yhausmann, ) (Entered: 04/28/2011)
04/27/2011 MOTION for Issuance of Arrest Warrant by USA as to Khanh Vu, filed. The Government recommends a $50,000 personal recognizance bond. (abenavidez, ) (Entered: 04/29/2011)
04/27/2011 MOTION for Issuance of a Summons by USA as to Seaside Aquaculture, Inc., filed. The Government recommends a $360,000 bond. (abenavidez, ). (Entered: 04/29/2011)
04/28/2011ORDER granting 3 Motion for Issuance of Warrant as to Khanh Vu (1). Amount of Bail: $50,000 personal recognizance bond.(Signed by Magistrate Judge Brian L Owsley.) Parties notified.(abenavidez, ) (Entered: 04/29/2011)
04/28/2011ORDER granting 5 Motion for Issuance of a Summons as to Seaside Aquaculture, Inc. (2). Bond Set: $360,000.(Signed by Magistrate Judge Brian L Owsley.) Parties notified.(abenavidez, ) (Additional attachment(s) added on 4/29/2011: # 1 Unredacted) (abenavidez, ). (Entered: 04/29/2011)
04/29/2011  Minute Entry for proceedings held before Magistrate Judge Brian L Owsley: INITIAL APPEARANCE as to Khanh Vu, (Deft informed of rights) held on 4/29/2011. Defendant has retained counsel. $50,000 PR bond set. ARRAIGNMENT as to Khanh Vu (1) Count 1 held on 4/29/2011. Not Guilty on 1. Appearances:Hugo Martinez / Chad Cowan.Donald Grissom. (Digital # 2:24:35-2:31:33/2:35:13-2:41:09)(ERO:dperez) Deft remanded to custody to be processed out on pr bond, filed.(kbledsoe, ) (Entered: 04/29/2011)
04/29/2011  Attorney update in case as to Khanh Vu. Attorney Donald H Grissom for Khanh Vu added. (kbledsoe, ) (Entered: 04/29/2011)
04/29/2011SCHEDULING ORDER as to Khanh Vu. Bench Trial set for 5/31/2011 at 10:00 AM before Magistrate Judge Brian L Owsley Pretrial Conference set for 5/31/2011 at 10:00 AM before Magistrate Judge Brian L Owsley Plea Agreement due by 5/23/2011.(Signed by Magistrate Judge Brian L Owsley) Parties notified. (lsmith, ) (Entered: 04/29/2011)
04/29/2011ORDER Setting Conditions of Release.(Signed by Magistrate Judge Brian L Owsley) Parties notified. (amireles, ) (Entered: 05/02/2011)
04/29/2011Unsecured Appearance Bond Entered as to Khanh Vu in amount of $ 50,000.00,, filed. (amireles, ) (Additional attachment(s) added on 5/2/2011: # 1 Unredacted) (amireles, ). (Entered: 05/02/2011)
05/05/201110 Summons Returned Executed on 4/29/11 as to Seaside Aquaculture, Inc., filed. (Attachments: # 1 Unredacted Summons)(dterrell, ) (Entered: 05/06/2011)
05/09/201112 US Attys Criminal Docket Sheet Amended as to Khanh Vu, Seaside Aquaculture, Inc., filed.(Martinez, Hugo) (Entered: 05/09/2011)
05/09/201113 SCHEDULING ORDER as to Seaside Aquaculture, Inc.. Bench Trial set for 5/31/2011 at 10:00 AM before Magistrate Judge Brian L Owsley Final Pretrial Conference set for 5/31/2011 at 10:00 AM before Magistrate Judge Brian L Owsley Plea Agreement due by 5/23/2011.(Signed by Magistrate Judge Brian L Owsley) Parties notified. (abenavidez, ) (Entered: 05/09/2011)
05/09/2011  Minute Entry for proceedings held before Magistrate Judge Brian L Owsley: INITIAL APPEARANCE as to Seaside Aquaculture, Inc., (Deft informed of rights) held on 5/9/2011. Khan Vu present as owner of company; discussion held regarding possible attorney conflict. Atty Grissom allowed to represent both defendants. Bond set at $360,000. ARRAIGNMENT as to Seaside Aquaculture, Inc. (2) Count 1 held on 5/9/2011. Not Guilty on 1. Atty Grissom moves to reduce bond amount; discussion held. Court states bond shall remain at $360,000. RECALL. Atty Grissom requests Court either reduce bond amount or allow more time for Defendant to post bond; discussion held. No objections from AUSA. Defendant has one week to post bond. Appearances:Hugo Martinez. Donald H Grissom.(Digital # 10:03:49-10:25:54/10:42:55-10:44:27)(ERO:lzepeda) Deft remanded to custody, filed.(kbledsoe, ) (Entered: 05/09/2011)
05/09/2011  Attorney update in case as to Seaside Aquaculture, Inc.. Attorney Donald H Grissom for Seaside Aquaculture, Inc. added. (kbledsoe, ) (Entered: 05/11/2011)
05/10/2011  US ATTORNEY'S NOTICE OF APPEARANCE. Hugo Ricardo Martinez appearing for USA, filed.(Martinez, Hugo) (Entered: 05/10/2011)
05/13/201114 Unopposed MOTION to Withdraw as Attorney Donald H. Grissom by William W Pierson, MOTION to Substitute Attorney William W Pierson by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order)(Pierson, William) (STRICKEN AT DE #23 PER BLO) (Entered: 05/13/2011)
05/17/201115 NOTICE OF ATTORNEY APPEARANCE: William W Pierson appearing for Khanh Vu, Seaside Aquaculture, Inc. Unopposed, filed. (Attachments: # 1 Proposed Order Order Granting Unopposed Motion for Withdrawal & Subsitution of Counsel)(Pierson, William) (STRICKEN at DE #24/BLO) (Entered: 05/17/2011)
05/19/201116 CORRECTED AT DE #22....... MOTION to Amend, MOTION to Bifurcate, MOTION to Change Venue, MOTION for Court to Recommend as location of Incarceration, MOTION for Directed Verdict, MOTION to Discover Criminal Records of Witnesses, MOTION for Discovery, Unopposed MOTION for Exculpatory Evidence Favorable to Defendant and Brief in Support by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order Order on Defendants' Motion for Evidence Favorable to Defendant and Brief in Support)(Pierson, William) Modified on 5/19/2011 (lsmith, ). (Entered: 05/19/2011)
05/19/201117 Unopposed MOTION to Transfer Case to John David Rainey's court in Victoria, Texas by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order Order on Unopposed Motion to Transfer Trial of this Case to Honorable John David Rainey)(Pierson, William) (Entered: 05/19/2011)
05/19/201118  MOTION to Continue Trial Date by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order Order Granting Motion for Continuance)(Pierson, William) (Entered: 05/19/2011)
05/19/201119  Request for Jury Trial as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order Order Granting Defendants' Request for Jury Trial)(Pierson, William) (Entered: 05/19/2011)
05/19/201120  MOTION for Bond Reduction by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order Order Granting Motion to Reduce Bond)(Pierson, William) (Entered: 05/19/2011)
05/19/201121  MOTION for List of Witnesses for Trial Preparation by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order Order on Motion for Discovery and Witness List for Trial Preparation)(Pierson, William) (Entered: 05/19/2011)
05/19/201122 Unopposed MOTION for Exculpatory Evidence Favorable to Defendant and Brief in Suppport by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order Order on Defendants' Unopposed Motion for Evidence Favorable to Defendant and Brief in Support)(Pierson, William) (Entered: 05/19/2011)
05/19/2011  Corrective Entry as to Khanh Vu, Seaside Aquaculture, Inc. ATTORNEY NOTIFIED CLERK THAT THIS MOTION WAS ENTERED INCORRECTLY. IT WAS RE-FILED AT DE #22. DE #16 TERMINATED. 16 MOTION to Amend MOTION to Bifurcate MOTION to Change Venue MOTION for Court to Recommend as location of Incarceration MOTION for Directed Verdict MOTION to Discover Criminal Records of Witnesses MOTION for DiscoveryUnopposed MOTION for Exculpatory Evidence Favorable to Defendant and Brief in Support (lsmith) (Entered: 05/19/2011)
05/23/201123 ORDER striking 14 Motion to Withdraw as Attorney. as to Seaside Aquaculture, Inc. (2); striking 14 Motion to Substitute Attorney as to Seaside Aquaculture, Inc. (2).(Signed by Magistrate Judge Brian L Owsley.) Parties notified.(lsmith, ) (Entered: 05/23/2011)
05/23/201124 ORDER striking pleading [DE #15] as to Seaside Aquaculture, Inc..(Signed by Magistrate Judge Brian L Owsley) Parties notified. (lsmith, ) (Entered: 05/23/2011)
05/24/201125 NOTICE OF SETTING as to Khanh Vu, Seaside Aquaculture, Inc. - regarding 20 MOTION for Bond Reduction, 22 Unopposed MOTION for Exculpatory Evidence Favorable to Defendant and Brief in Suppport, 18 MOTION to Continue Trial Date, 17 Unopposed MOTION to Transfer Case to John David Rainey's court in Victoria, Texas, 21 MOTION for List of Witnesses for Trial Preparation. Motion Hearing set for 5/27/2011 at 10:00 AM before Magistrate Judge Brian L Owsley, filed. (kbledsoe, ) (Entered: 05/24/2011)
05/25/201126 Second MOTION Second Amended Unopposed Motion to Withdrawal and Substitution of Counsel by Defendants by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order Order Granting Second Amended Unopposed Motionto Withdrawal and Substitution of Counsel by Defendants)(Pierson, William) (Entered: 05/25/2011)
05/25/201127 ORDER GRANTING SECOND AMENDED UNOPPOSED MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL BY DEFENDANTS SEASIDE AQUACULTURE, INC. AND KHANH VU granting 26 Motion as to Seaside Aquaculture, Inc. (2). It is, therefore, ordered that the withdrawal of Mr. Donald H. Grissom is allowed and that Will W. Pierson be substituted as counsel for these parties. (Signed by Magistrate Judge Brian L Owsley.) Parties notified.(bcortez, ) (Entered: 05/26/2011)
05/25/2011  Attorney update in case as to Khanh Vu, Seaside Aquaculture, Inc.. Attorney Donald H Grissom terminated. (bcortez, ) (Entered: 05/26/2011)
05/27/2011  Minute Entry for proceedings held before Magistrate Judge Brian L Owsley: MOTION HEARING as to Khanh Vu, Seaside Aquaculture, Inc. held on 5/27/2011. Discussion held regarding various motions filed. Arguments heard regarding motion to transfer and motion for bond reduction. Ruling forthcoming. Appearances:Lance Watt. Chris Lowrance. William W Pierson.(Digital # 10:14:49-11:13:57)(ERO:grogan) Deft continued on bond, filed.(kbledsoe, ) (Entered: 05/27/2011)
05/27/201128 ORDER granting 17 Motion to Transfer Case to the District Judge in Victoria, Texas as to Khanh Vu (1), Seaside Aquaculture, Inc. (2).(Signed by Magistrate Judge Brian L Owsley.) Parties notified.(vrios, ) (Entered: 05/27/2011)
05/27/201129 ORDER granting 18 Motion to Continue as to Khanh Vu (1), Seaside Aquaculture, Inc. (2) Pretrial Conference set for 6/7/2011 at 09:00 AM before Judge John D. Rainey.(Signed by Magistrate Judge Brian L Owsley.) Parties notified.(vrios, ) (Entered: 05/27/2011)
05/27/201130 ORDER TRANSFERRING CASE. Case reassigned to Judge John D. Rainey for all further proceedings. Magistrate Judge Brian L Owsley no longer assigned to case as to Khanh Vu, Seaside Aquaculture, Inc..(Signed by Magistrate Judge Brian L Owsley) Parties notified. (vrios, ) (Entered: 05/27/2011)
06/01/201131 ORDER GRANTING DEFENDANT'S MOTION TO REDUCE BOND granting 20 Motion for Bond. Bond set for Seaside Aquaculture, Inc. (2) $50,000. The bond amount is reduced to $50,000. Seaside Aquaculture is to post this bond no later than the close of business on June 6, 2011. (Signed by Magistrate Judge Brian L Owsley.) Parties notified.(bcortez, ) (Entered: 06/01/2011)
06/06/201132 ORDER Setting Conditions of Release as to Seaside Aquaculture, Inc. (2) $50,000.(Signed by Magistrate Judge Brian L Owsley) Parties notified. (abenavidez, ) (Entered: 06/06/2011)
06/06/201133 Appearance Bond Entered as to Seaside Aquaculture, Inc. in amount of $ $50,000, filed. (Attachments: # 1 Affidavit of Ownership)(abenavidez, ) (Additional attachment(s) added on 6/6/2011: # 2 Unredacted Bond, # 3 Unredacted Affidavit of Ownership) (abenavidez, ). (Entered: 06/06/2011)
06/06/2011  Document(s) Sent by FedEx to United States Courthouse, Houston Division; Tracking Number 7948 3349 1790 re: Affidavit of Ownership and bond money, filed. (dterrell, ) (Entered: 06/06/2011)
06/07/2011  ***Delivery Confirmation; delivery date(s) 6/7/11 re: Document(s) Sent, filed. (dterrell, ) (Entered: 06/07/2011)
06/07/201134 ORDER FOLLOWING CONFERENCE as to Khanh Vu and Seaside Aquaculture, Inc...PTC held. Mr. Pierson requested a continuance. The motion is granted...A separate order will be entered... Appearances: Hugo Ricardo Martinez, William W Pierson..(Signed by Judge John D. Rainey) Parties notified. (jrichards, ) (Entered: 06/07/2011)
06/07/201135  MOTION for Discovery (Government's Request for Reciprocal Discovery) by USA as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order)(Martinez, Hugo) (Entered: 06/07/2011)
06/07/201136  MOTION to Strike Defense Notice of Intention to take Deposition by Written Questions by USA as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order, # 2 Supplement)(Martinez, Hugo) (Entered: 06/07/2011)
06/07/201137 NOTICE OF ATTORNEY APPEARANCE: Christopher Andrew Lowrance appearing for Khanh Vu, Seaside Aquaculture, Inc. as co-Counsel, filed.(Lowrance, Christopher) (Entered: 06/07/2011)
06/07/201138 NOTICE of Intent to Offer Evidence pursuant to Rule 404(b) of the Federal Rules of Evidence by USA as to Khanh Vu, Seaside Aquaculture, Inc., filed.(Martinez, Hugo) (Entered: 06/07/2011)
06/09/2011  Bond payment received for Seaside Aquaculture, Inc. paid by KHANH VU, receipt number HOU013372 for $50,000.00, filed. (ejones, ) (Entered: 06/09/2011)
06/17/201139 PROPOSED ORDER as to Khanh Vu, Seaside Aquaculture, Inc., filed.(Martinez, Hugo) (Entered: 06/17/2011)
06/20/201140 ORDER Regarding Unopposed Motion for Continuance as to Khanh Vu: Pretrial Conference set for 7/5/2011 at 09:10 AM before Judge John D. Rainey. Jury Selection to be determined. (Signed by Judge John D. Rainey) Parties notified. (vrios, ) (Entered: 06/21/2011)
07/05/201141 ORDER FOLLOWING CONFERENCE as to Khanh Vu, Seaside Aquaculture, Inc. Pretrial Conference held. Jury Trial is set for 1:00pm on August 8, 2011. Appearances: Hugo Ricardo Martinez, William W Pierson. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, ) (Entered: 07/05/2011)
07/05/2011  ***Set/Reset Hearings as to Khanh Vu, Seaside Aquaculture, Inc.: Jury Trial set for 8/8/2011 at 01:00 PM before Judge John D. Rainey. (yhausmann, ) (Entered: 07/05/2011)
07/06/2011  NOTICE OF RESETTING (TIME ONLY) as to Khanh Vu, Seaside Aquaculture, Inc...Jury Selection and Trial is scheduled for 8/8/2011 at 09:30 AM before Judge John D. Rainey...(jrichards, ) (Entered: 07/06/2011)
07/07/201142  MOTION to Quash Subpoena Duces Tecum by Seaside Aquaculture, Inc. as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Lowrance, Christopher) (Entered: 07/07/2011)
07/08/201143 NOTICE OF SETTING as to Khanh Vu, Seaside Aquaculture, Inc... Telephone Conference is scheduled for 7/14/2011 at 02:30 PM before Judge John D. Rainey. Counsel shall contact the Court's Case Manager on 7/13/11 for instructions regarding the conference call... (jrichards, ) (Entered: 07/08/2011)
07/12/201144 PROPOSED ORDER as to Khanh Vu, Seaside Aquaculture, Inc., filed.(Martinez, Hugo) (Entered: 07/12/2011)
07/13/201145 ORDER TO CONTINUE - Interest of Justice as to Khanh Vu and Seaside Aquaculture, Inc... Pretrial Conference is scheduled for 8/1/2011 at 10:40 AM; Jury Trial is scheduled for 8/8/2011 at 09:30 AM... (Signed by Judge John D. Rainey) Parties notified. (jrichards, ) (Entered: 07/13/2011)
07/14/2011  Telephone Conference as to Khanh Vu, Seaside Aquaculture, Inc is rescheduled to 7/18/11 at 4:15 p.m. Case Manager will provide tele-conf instructions to counsel on 7/18/11... (jrichards, ) (Entered: 07/14/2011)
07/15/201146 NOTICE OF SETTING as to Khanh Vu, Seaside Aquaculture, Inc....TELEPHONE CONFERENCE IS CANCELLED... Pretrial Hearing is scheduled for 7/18/2011 at 04:15 PM before Judge John D. Rainey in Corpus Christi, Texas... (jrichards, ) (Entered: 07/15/2011)
07/15/201147  MOTION to Disqualify Counsel and for Hearing regarding conflict in Multiple Representation Hugo Ricardo Martinez by on behalf of USA as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order)(Martinez, Hugo) (Entered: 07/15/2011)
07/18/2011  Minute Entry for proceedings held before Judge John D. Rainey: PRETRIAL HEARING as to Khanh Vu, Seaside Aquaculture, Inc. held on 7/18/2011. The parties reached an agreement as to the Subpoena Duces Tecum. Responses due by 5:00 p.m. on 7/19/11. Defendant's Response to Government's Motion to Disqualify is due on 7/22/2011. Hearing is scheduled for 7/26/2011 at 01:00 PM in Corpus Christi. Parties are to exchange exhibit lists by 7/28/2011. Appearances: Hugo Ricardo Martinez, William W Pierson, Christopher Andrew Lowrance.(Court Reporter: Mayra Malone)(Actual Time in Court: 4:30-5:55), filed.(amireles, ) (Entered: 07/21/2011)
07/21/201148  BRIEF by USA as to Khanh Vu, Seaside Aquaculture, Inc. regarding Motion to Disqualify Counsel for Conflict in Multiple Representation, filed.(Martinez, Hugo) (Entered: 07/21/2011)
07/22/201149  MOTION to Suppress Illegal Evidence by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order Order on Defendants' Motion to Suppress Illegal Evidence, # 2 Exhibit Exhibit A Report of Investigation, # 3 Exhibit Exhibit B Search & Seizure Warrant, # 4 Exhibit Exhibit C Indictment)(Pierson, William) (Entered: 07/22/2011)
07/22/201150  RESPONSE by Seaside Aquaculture, Inc. re 47 MOTION to Disqualify Counsel and for Hearing regarding conflict in Multiple Representation Hugo Ricardo Martinez, filed. (Attachments: # 1 Exhibit Exhibit A Report)(Pierson, William) (Entered: 07/22/2011)
07/26/2011  Minute Entry for proceedings held before Judge John D. Rainey: MOTION HEARING as to Khanh Vu, Seaside Aquaculture, Inc. held on 7/26/2011 DENYING 47 MOTION to Disqualify Counsel regarding conflict in Multiple Representation Hugo Ricardo Martinez Motion to Suppress to be heard at a later date. Government to file response by August 1, 2011. Defense to file reply by August 3, 2011. Hearing to be set August 5, 2011 if necessary. Appearances: Hugo Ricardo Martinez, William W Pierson, Christopher Andrew Lowrance.Deft not present in courtroom.(Court Reporter: Ed Reed)(Time set 3:00; 3:03 pm to 3:50 pm), filed.(lrivera, ) (Entered: 07/26/2011)
07/27/201151  MOTION to Suppress Statement of Khanh Vu by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Proposed Order)(Pierson, William) (Entered: 07/27/2011)
07/28/201152 NOTICE of 1st Amended Notice of Intent to Offer Evidence pursuant to Rule 404(b) of the Federal Rules of Evidence by USA as to Khanh Vu, Seaside Aquaculture, Inc., filed.(Martinez, Hugo) (Entered: 07/28/2011)
07/28/201153 EXHIBIT LIST by Khanh Vu, Seaside Aquaculture, Inc., filed. (Pierson, William) (Entered: 07/28/2011)
07/28/2011  Original Exhibits (2 CD's and Color Photographs) to 51 Motion to Suppress Statement as to Khanh Vu, Seaside Aquaculture, Inc. received in the Clerk's Office and placed on the fileshelf. (ltesch, ) (Entered: 07/29/2011)
07/29/201154  MOTION for Disclosure of Expert Witnesses by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Exhibit Resume of David Duneseth)(Pierson, William) (Entered: 07/29/2011)
08/01/201155  RESPONSE to Motion by USA as to Khanh Vu, Seaside Aquaculture, Inc. re 51 MOTION to Suppress Statement of Khanh Vu, filed.(Martinez, Hugo) (Entered: 08/01/2011)
08/01/201156  RESPONSE to Motion by USA as to Khanh Vu, Seaside Aquaculture, Inc. re 49 MOTION to Suppress Illegal Evidence, filed. (Attachments: # 1 Supplement)(Martinez, Hugo) (Entered: 08/01/2011)
08/01/201157  MOTION in Limine by USA as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order)(Martinez, Hugo) (Entered: 08/01/2011)
08/01/201158 Sealed Event, filed. (Entered: 08/01/2011)
08/01/201159  MOTION to Strike or Objection to Government's Exhibit List by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Proposed Order Proposed Order)(Pierson, William) (Entered: 08/01/2011)
08/02/201160  Government's Designation of Experts as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement)(Martinez, Hugo) (Entered: 08/02/2011)
08/02/201161 EXHIBIT LIST by USA as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Martinez, Hugo) (Entered: 08/02/2011)
08/02/201162  MOTION for Preservation of Evidence (Retention and Preservation of Investigation Notes) by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order)(Pierson, William) (Entered: 08/02/2011)
08/03/201163  REPLY TO RESPONSE to Motion by Khanh Vu, Seaside Aquaculture, Inc. re 49 MOTION to Suppress Illegal Evidence, filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Pierson, William) (Entered: 08/03/2011)
08/03/201164  Defendants' Advisory to the Court as to Khanh Vu, Seaside Aquaculture, Inc., filed.(Pierson, William) (Entered: 08/03/2011)
08/03/201165  REPLY TO RESPONSE to Motion by Khanh Vu, Seaside Aquaculture, Inc. re 51 MOTION to Suppress Statement of Khanh Vu, filed.(Pierson, William) (Entered: 08/03/2011)
08/03/201166  MOTION in Limine to Exclude testimony of David Dunseth or in the alternative, Motion for Daubert Hearing by USA as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order)(Martinez, Hugo) (Entered: 08/03/2011)
08/04/201167 NOTICE OF SETTING as to Khanh Vu and Seaside Aquaculture, Inc.... Motion Hearing (including Motion to Suppress) is scheduled for 8/5/2011 at 03:00 PM before Judge John D. Rainey in Corpus Christi, Texas... (jrichards, ) (Entered: 08/04/2011)
08/04/201168  RESPONSE to Motion by USA as to Khanh Vu, Seaside Aquaculture, Inc. re 49 MOTION to Suppress Illegal Evidence, filed.(Martinez, Hugo) (Entered: 08/04/2011)
08/04/201169  MOTION to Exclude Testimony of the Government's Experts by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Pierson, William) (Entered: 08/04/2011)
08/04/201170  MOTION in Limine by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1 Proposed Order)(Pierson, William) (Entered: 08/04/2011)
08/04/201171 OBJECTION by Khanh Vu, Seaside Aquaculture, Inc. re 61 Exhibit List by Government, filed. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E pages 1-9, # 6 Exhibit Exhibit E pages 10-15, # 7 Exhibit Exhibit E pages 16-21, # 8 Exhibit Exhibit E pages 22-27, # 9 Exhibit Exhibit E pages 28-32, # 10 Proposed Order)(Pierson, William) (Entered: 08/04/2011)
08/05/2011  Minute Entry for proceedings held before Judge John D. Rainey on 8/5/2011 in Corpus Christi, Texas...MOTION HEARING - DAY 1 as to Khanh Vu, Seaside Aquaculture, Inc....Oral argument and testimony presented on various pretrial motions...Counsel will coordinate the time of day for witnesses to appear for trial...Govt's Motion in Limine 66 to Exclude the Testimony of David Dunseth was DENIED..Govt's Oral Motion to Strike the "Knowledge" portion of the Indictment was TAKEN UNDER ADVISEMENT...Defts' Motion to Exclude Testimony 69 of Pepper Trail and Jennifer Johnson will be carried with the case...Hearing will continue on 8/8/11 at 9:00 a.m. in Victoria, Texas...Jury selection is scheduled to begin at 1:30 p.m. on 8/8/11...Deft was continued on bond...Witnesses: David Dunseth... Appearances: Hugo Ricardo Martinez, William W Pierson, Christopher Andrew Lowrance.(Court Reporter: E. Reed)(Set for 3:00 (3:25 - 6:05) (jrichards, ) (Entered: 08/08/2011)
08/06/201172  Bench Brief on use of Illegal Alien Evidence as to Khanh Vu, Seaside Aquaculture, Inc., filed.(Pierson, William) (Entered: 08/06/2011)
08/08/2011  Minute Entry for proceedings held before Judge John D. Rainey on 8/8/11 in Victoria, Texas...MOTION HEARING - DAY 2 as to Khan Vu and Seaside Aquaculture Inc...Hearing held on Defts Motion to Suppress Illegal Evidence 49 and Motion to Suppress Statement of Khan Vu 51 ...Exhibits admitted and testimony given...For the reasons stated on the record, Defts Motion to Suppress Illegal Evidence 49 was DENIED...Defts Motion to Suppress Statement 51 was DENIED...Jury selection to follow later this afternoon... Witnesses: Jim Steinbaugh, Khan Vu, James Hampton, Vu Nguyen, Khan Vu... Appearances: Hugo Martinez, William Pierson, Chris Lowrance...(Court Reporter: E. Reed...Interpreter: A. Hunyh) (Set for 9:00 (9:00 - 1:20)(jrichards) (Entered: 08/08/2011)
08/08/201173 Proposed Voir Dire by Khanh Vu, Seaside Aquaculture, Inc., filed. (Pierson, William) (Entered: 08/08/2011)
08/08/2011  Minute Entry for proceedings held before Judge John D. Rainey on 8/8/11 in Victoria, Texas...JURY SELECTION AND TRIAL - DAY 1 as to Khan Vu and Seaside Aquaculture, Inc....Jury selected, sworn and given preliminary instructions...Recessed until 9:00 a.m. on 8/9/11...Deft continued on bond...Appearances: Hugo Martinez, William Pierson, Chris Lowrance...(Court Reporter: E. Reed...Interpreter: A. Hunyh) (2:45 - 5:00) (jrichards) (Entered: 08/08/2011)
08/08/201174 WITNESS LIST by USA as to Khanh Vu, Seaside Aquaculture, Inc. (yhausmann, ) (Entered: 08/12/2011)
08/09/2011  Minute Entry for proceedings held before Judge John D. Rainey on 8/9/11 in Victoria, Texas...JURY TRIAL - DAY 2...as to Khan Vu and Seaside Aquaculture, Inc...Opening statements...Govts evidence presented....Govt rests...Adjourned until 9:00 a.m. on 8/10/11...Deft continued on bond...Witnesses: Jim Stinebaugh, Chuck Franks, Pepper Trail, Jennifer Johnson, Michael Scanlan, Jim Hampton, David Jansen...Appearances: Hugo Martinez, William Pierson, Chris Lowrance....(Court Reporter: Ed Reed...Interpreters: Alice Huynh, Thong Anh Nguyen)(Set for 9:00 (9:00 - 11:45; 12:45 - 4:30)(jrichards) (Entered: 08/09/2011)
08/10/2011  Minute Entry for proceedings held before Judge John D. Rainey on 8/10/11 in Victoria, Texas...JURY TRIAL - DAY 3, as to Khan Vu and Seaside Aquaculture, Inc...Defts Motion for Judgment of Acquittal was DENIED...Defts evidence was presented...There was no rebuttal evidence...Charge conference was held...Mr. Pierson advised the Court that the services of the Vietnamese interpreter would not be required after jury deliberations begin...There were no objections to the Charge...The Court instructed the jury on the law and closing arguments were presented...Deliberations began at 2:35 p.m... Verdict returned at 6:00 p.m...Deft, Kanh Vu and Seaside Aquaculture - Guilty as to Ct 1....Jury dismissed....Sentencing hearing is scheduled for 11/7/11 at 11:30 a.m...Deft was allowed to remain on bond... Witnesses: David Dunseth, Luis Baez, Juan Rosas...Appearances: Hugo Martinez, William Pierson, Chris Lowrance...(Court Reporter: Ed Reed)(Interpreters: Alice Huynh, Nanh Vu and Myrna Wallace) (Set for 9:00 (9:00 - 12:00; 1:45 - 2:35)(jrichards) (Entered: 08/11/2011)
08/10/201175 Court's Instructions to the Jury as to Khanh Vu, Seaside Aquaculture, Inc. (yhausmann, ) (Entered: 08/12/2011)
08/10/201176 EXHIBIT LIST by USA as to Khanh Vu, Seaside Aquaculture, Inc. (yhausmann, ) (Entered: 08/12/2011)
08/10/201177 EXHIBIT LIST by Khanh Vu, Seaside Aquaculture, Inc. (yhausmann, ) (Entered: 08/12/2011)
08/10/201178 Certificate of Trial Exhibits to the Jury as to Khanh Vu, Seaside Aquaculture, Inc. (yhausmann, ) (Entered: 08/12/2011)
08/10/201179 Jury Note No. 1 as to Khanh Vu, Seaside Aquaculture, Inc. (yhausmann, ) (Additional attachment(s) added on 8/12/2011: # 1 Unredacted Jury Note No. 1) (yhausmann, ). (Entered: 08/12/2011)
08/10/201180 Court's Response to Jury Note No. 1 as to Khanh Vu, Seaside Aquaculture, Inc. (yhausmann, ) (Entered: 08/12/2011)
08/10/201181 JURY VERDICT as to Khanh Vu (1), and Seaside Aquaculture, Inc. (2). (yhausmann, ) (Additional attachment(s) added on 8/12/2011: # 1 Unredacted Jury Verdict) (yhausmann, ). (Entered: 08/12/2011)
08/10/201182 ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Khanh Vu (1). PSI Completion due by 9/22/2011; Objection to PSI due by 10/6/2011; Final PSI due by 10/20/2011; Sentencing set for 11/7/2011 at 11:30 AM before Judge John D. Rainey. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, ) (Entered: 08/12/2011)
08/10/201183 ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Seaside Aquaculture, Inc. (2). PSI Completion due by 9/22/2011; Objection to PSI due by 10/6/2011; Final PSI due by 10/20/2011; Sentencing set for 11/7/2011 at 11:30 AM before Judge John D. Rainey. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, ) (Entered: 08/12/2011)
10/06/201184 OBJECTION by Khanh Vu, Seaside Aquaculture, Inc. to Presentence Investigation Report, filed.(Pierson, William) (Entered: 10/06/2011)
10/21/201185 Final Presentence Investigation Report (Sealed) as to Khanh Vu, filed. (moverlander, ) (Entered: 10/21/2011)
10/21/201186 Confidential Sentencing Recommendation(Sealed) regarding Khanh Vu, filed. (moverlander, ) (Entered: 10/21/2011)
10/21/201187 Sealed Addendum to 85 Final Presentence Investigation Report (Sealed) as to Khanh Vu, filed. (moverlander, ) (Entered: 10/21/2011)
10/21/201188 Final Presentence Investigation Report (Sealed) as to Seaside Aquaculture, Inc., filed. (moverlander, ) (Entered: 10/21/2011)
10/21/201189 Confidential Sentencing Recommendation(Sealed) regarding Seaside Aquaculture, Inc., filed. (moverlander, ) (Entered: 10/21/2011)
10/21/201190 Sealed Addendum to 88 Final Presentence Investigation Report (Sealed) as to Seaside Aquaculture, Inc., filed. (moverlander, ) (Entered: 10/21/2011)
10/27/201191 Reply to Response to Objections to PSR (Sealed) by USA as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Entered: 10/27/2011)
11/02/201192 NOTICE OF RESETTING as to Khanh Vu. Sentencing set for 11/8/2011 at 09:30 AM in 4th Floor Courtroom before Judge John D. Rainey, filed. (ltesch, ) (Entered: 11/02/2011)
11/02/201193 NOTICE OF RESETTING as to Seaside Aquaculture, Inc.. Sentencing set for 11/8/2011 at 09:30 AM in 4th Floor Courtroom before Judge John D. Rainey, filed. (ltesch, ) (Entered: 11/02/2011)
11/08/2011  Minute Entry for proceedings held before Judge John D. Rainey... CONTESTED Sentencing held on 11/8/2011 for Khanh Vu (1) and Seaside Aquaculture, Inc. (2)... PSI sealed. Objections to PSI addressed. The Court finds that Restitution is not provided under the law and the parties concur. Exhibits admitted. Witnesses: David Jansen and Karen Cathey... Count 1: 18 months Probation as to each Deft 1 and 2. Standard conditions apply. $5,000 Fine imposed as to each Deft 1 and 2... Total $10,000 (to be paid from the $50,000 Bond previously posted with the Court). $10 Special Assessment as to Deft 1. $50 Special Assessment as to Deft 2... The remainder of the Bond posted with the Court ($40,000) will be transferred to the Texas Parks and Wildlife Foundation to be used as deemed appropriate by that agency to address environmental issues and to fund grants to protect migratory birds in South Texas.... Appearances: Hugo Martinez, William W. Pierson, Christopher Lowrance, US Probation-V-T.Cruz.(Court Reporter: G. Dye, Interpreter: Fawn Nguyen) (Time set: 9:30 a.m.; 9:30 - 9:55 a.m., 10:35 - 11:45 a.m.) Admonishment as to right to appeal. (ltesch, ) (Entered: 11/09/2011)
11/08/201194 EXHIBIT LIST by Defendants Khanh Vu and Seaside Aquaculture, Inc., filed. (ltesch, ) (Entered: 11/09/2011)
11/15/201195 JUDGMENT as to Khanh Vu. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, ) (Entered: 11/15/2011)
11/15/201196 Statement of Reasons (Sealed) as to Khanh Vu. (Entered: 11/15/2011)
11/15/201197 JUDGMENT as to Seaside Aquaculture, Inc. (Signed by Judge John D. Rainey.) Parties notified. (yhausmann, ) (Entered: 11/15/2011)
11/15/201198 Statement of Reasons (Sealed) as to Seaside Aquaculture, Inc. (Entered: 11/15/2011)