U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:08-cr-00576 All Defendants


Case title: USA v. Shipley Do-Nut Flour and Supply Company Inc et al

Date Filed: 08/22/2008
Date Terminated: 08/12/2009

Assigned to: Judge Ewing Werlein, Jr

Defendant (1)
Shipley Do-Nut Flour and Supply Company Inc
TERMINATED: 08/12/2009
represented byDennis Cain
Moen Cain & O'Brien
712 Main St
Ste 1800
Houston, TX 77002
713-222-9955
Fax: 713-222-6515
Email: moencainobrien@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO HARBOR ILLEGAL ALIENS
(1)
3 yrs Probation, $250,000 Fine, $400 SA.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Ewing Werlein, Jr

Defendant (2)
Shipley Properties
TERMINATED: 08/07/2009
represented byDennis Cain
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
CONSPIRACY TO HARBOR ILLEGAL ALIENS
(1)
Deft Shipley Properties is Dismissed from Information on Govt motion.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Magistrate Judge Stephen Smith

Defendant (3)
Lawrence W Shipley, III
TERMINATED: 09/05/2008
represented byLawrence David Finder
Baker & McKenzie LLP
711 Louisiana
Ste 3400
Houston, TX 77002
713-427-5030
Fax: 713-427-5099
Email: lawrence.finder@bakermckenzie.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONTINUING EMPLOYMENT OF UNDOCUMENTED ALIENS
(3)
6 Months Probation. $6000.00 Fine. $10.00 Special Assessment.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Ewing Werlein, Jr

Defendant (4)
Julian Garcia
TERMINATED: 10/03/2008
represented byStacey Webb Bond
Hinton Bailey Bond LLP
5300 Memorial
Ste 1000
Houston, TX 77007
713-864-4477
Fax: 713-864-8738
Email: staceybond@hintonbaileybond.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
HIRING OF UNDOCUMENTED ALIENS
(2)
6 months Probation, $2000 Fine and $10 Special Assessment.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Ewing Werlein, Jr

Defendant (5)
Jimmy Rivera
TERMINATED: 10/02/2008
represented byFrank Alvarez , Jr
Attorney at Law
1100 Pasadena Blvd
Suite C2
Pasadena, TX 77506-4756
713-472-9492
Fax: 713-472-9493 fax
Email: falvarezpasadenaop@sbcglobal.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
HIRING OF UNDOCUMENTED ALIENS
(2)
6 months Probation, $1500 Fine and $10 Special Assessment.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Ewing Werlein, Jr

Defendant (6)
Christopher Halsey
TERMINATED: 10/02/2008
represented byStacey Webb Bond
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONTINUING EMPLOYMENT OF UNDOCUMENTED ALIENS
(3)
6 months Probation, $1000 Fine and $10 Special Assessment.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRyan D McConnell
Baker and McKenzie LLP
Pennzoil Place, South Tower
711 Louisiana
Ste 3400
Houston, TX 77002
713-427-5023
Email: ryan.mcconnell@bakermckenzie.com
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 - H
515 Rusk
10th Floor
Houston, TX 77002
713-718-4800
Fax: 713-718-4848
ATTORNEY TO BE NOTICED
Designation: Retained

US Pretrial Svcs - H
515 Rusk
6th Floor
Houston, TX 77002
713-250-5218
Fax: 713-250-5666
ATTORNEY TO BE NOTICED
Designation: Retained

US Probation - H
515 Rusk
2nd Floor
Houston, TX 77002
713-250-5266
Fax: INS_prob1
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
08/22/2008INFORMATION as to Shipley Do-Nut Flour and Supply Company Inc (1) count(s) 1, Shipley Properties (2) count(s) 1, Lawrence W Shipley, III (3) count(s) 3, Julian Garcia (4) count(s) 2, Jimmy Rivera (5) count(s) 2, Christopher Halsey (6) count(s) 3, filed. (bdaniel, ) (Entered: 08/28/2008)
08/22/2008US Attys Criminal Docket Sheet as to Shipley Do-Nut Flour and Supply Company Inc, Shipley Properties, Lawrence W Shipley, III, Julian Garcia, Jimmy Rivera, Christopher Halsey, filed.(bdaniel, ) Modified on 8/28/2008 (bdaniel, ). (Entered: 08/28/2008)
08/22/2008 MOTION to Seal Case by USA as to Shipley Do-Nut Flour and Supply Company Inc, Shipley Properties, Lawrence W Shipley, III, Julian Garcia, Jimmy Rivera, Christopher Halsey, filed. (bdaniel, ) (Entered: 08/28/2008)
08/25/2008Order to Seal Case as to Shipley Do-Nut Flour and Supply Company Inc, Shipley Properties, Lawrence W Shipley, III, Julian Garcia, Jimmy Rivera, Christopher Halsey. (Signed by Magistrate Judge Stephen Smith) Parties notified. (bdaniel, ) (Entered: 08/28/2008)
08/25/2008Sealed Event, filed. (Entered: 08/28/2008)
08/25/200817 ORDER for Issuance of Summons as to Jimmy Rivera (Signed by Magistrate Judge Stephen Smith) Parties notified. (bdaniel, ) (Entered: 09/02/2008)
08/26/2008Sealed Order, filed. (Entered: 08/28/2008)
08/26/2008Sealed Event, filed. (Entered: 08/28/2008)
08/27/2008PLEA AGREEMENT as to Shipley Do-Nut Flour and Supply Company Inc, filed. (bdaniel, ) (Entered: 08/28/2008)
08/27/2008Sealed Event, filed. (Entered: 08/28/2008)
08/28/200810 INITIAL APPEARANCE Minute Entry for proceedings held before Magistrate Judge Stephen Smith: INITIAL APPEARANCE as to Shipley Do-Nut Flour and Supply Company Inc, Shipley Properties, Lawrence W Shipley, III, (Deft informed of rights) held on 8/28/2008. Defendants 1 & 2 enter waivers of Indictment. Deft 3 enters consent to proceed before Magistrate Judge. Appearances: Lawrence David Finder, Dennis Cain, Ryan D McConnell.(ERO:Yes) (Interpreter:No), filed.(bdaniel, ) (Entered: 08/28/2008)
08/28/200811 WAIVER OF INDICTMENT by Shipley Do-Nut Flour and Supply Company Inc, filed.(bdaniel, ) (Entered: 08/28/2008)
08/28/200812 WAIVER OF INDICTMENT by Shipley Properties, filed.(bdaniel, ) (Entered: 08/28/2008)
08/28/200813 CONSENT TO TRIAL BEFORE US MAGISTRATE JUDGE as to Lawrence W Shipley, III. Reassigned to Magistrate Judge Stephen Smith. Judge Ewing Werlein, Jr no longer assigned to the case, filed.(bdaniel, ) (Entered: 08/28/2008)
08/28/2008  Attorney update in case as to Shipley Do-Nut Flour and Supply Company Inc. Attorney Dennis Cain for Shipley Do-Nut Flour and Supply Company Inc added. (bdaniel, ) (Entered: 08/28/2008)
08/28/2008  Attorney update in case as to Shipley Properties. Attorney Dennis Cain for Shipley Properties added. (bdaniel, ) (Entered: 08/28/2008)
08/28/2008  Attorney update in case as to Lawrence W Shipley, III. Attorney Lawrence David Finder for Lawrence W Shipley, III added. (bdaniel, ) (Entered: 08/28/2008)
08/28/200814 ARRAIGNMENT Minute Entry for proceedings held before Magistrate Judge Stephen Smith: ARRAIGNMENT as to Lawrence W Shipley III (3) Count 3 held on 8/28/2008. Not Guilty on 1. Indictment Waived. Sentencing held today. Terminate other settings and motions for this defendant. Appearances: Dennis Cain, Lawrence David Finder, Ryan D McConnell., filed.(bdaniel, ) (Entered: 08/28/2008)
08/28/200815 SENTENCING Minute Entry for proceedings held before Magistrate Judge Stephen Smith: Sentencing held on 8/28/2008 for Lawrence W Shipley, III (3), Count(s) 3, 6 Months Probation. $6000.00 Fine. $10.00 Special Assessment. Defendant starts to serve probation today.Appearances: Dennis Cain, Lawrence David Finder, Ryan D McConnell.(ERO:Yes), filed.(bdaniel, ) (Entered: 08/28/2008)
08/28/200816 Sealed Order, filed. (Entered: 08/28/2008)
08/28/200818 Minute Entry for proceedings held before Judge Ewing Werlein, Jr: RE-ARRAIGNMENT NOT held on 8/28/2008. Re-Arraignment is reset for 9/5/2008 at 02:00 PM in Fifth Circuit Courtroom 11-D before Judge Ewing Werlein, Jr Appearances: Dennis Cain, Lawrence David Finder, Ryan D McConnell.(Court Reporter: J. Sanchez), filed.(jhancock) (Entered: 09/02/2008)
09/03/200819 RETURN of Summons Executed on 9/3/08 to Jimmy Rivera, filed. (dpower, ) (Entered: 09/04/2008)
09/05/200820 Minute Entry for proceedings held before Magistrate Judge Stephen Smith: INITIAL APPEARANCE as to Julian Garcia, Jimmy Rivera, Christopher Halsey, (Deft informed of rights) held on 9/5/2008. Appearances:(ERO:yes) (Interpreter:no), filed.(sbyrum, ) (Entered: 09/05/2008)
09/05/200821 Joint Representation by Counsel Waiver of Conflict of Interest by Christopher Halsey, filed.(sbyrum, ) (Entered: 09/05/2008)
09/05/200822 Joint Representation by Counsel Waiver of Conflict of Interest by Julian Garcia, filed.(sbyrum, ) (Entered: 09/05/2008)
09/05/200823 Consent to Proceed before US Magistrate Judge in a Misdemeanor Case. Waiver of Right to Trial by Jury. Waiver of Right to have Thirty Days to Prepare for Trial as to Jimmy Rivera, filed.(sbyrum, ) (Entered: 09/05/2008)
09/05/200824 Consent to Proceed before US Magistrate Judge in a Misdemeanor Case. Waiver of Right to Trial by Jury and Waiver of Right to have Thirty Days to Prepare for Trial as to Christopher Halsey, filed.(sbyrum, ) (Entered: 09/05/2008)
09/05/200825 Consent to Proceed before US Magistrate Judge in a Misdemeanor Case. Waiver of Right to Trial by Jury and Waiver of Right to have Thirty Days to Prepare for Trial as to Julian Garcia, filed.(sbyrum, ) (Entered: 09/05/2008)
09/05/200826 Minute Entry for proceedings held before Magistrate Judge Stephen Smith: ARRAIGNMENT as to Julian Garcia (4) Count 2 and Jimmy Rivera (5) Count 2 and Christopher Halsey (6) Count 3 held on 9/5/2008. Defendants 4-6 enter a plea of Guilty and begin serving probation. Appearances: Frank Alvarez, Jr, Stacey Webb Bond, Ryan D McConnell.(ERO:yes) (Interpreter:no), filed.(sbyrum, ) (Entered: 09/05/2008)
09/05/200827 Minute Entry for proceedings held before Magistrate Judge Stephen Smith: Sentencing held on 9/5/2008 for Julian Garcia (4), Count(s) 2, 6 months Probation and a $2000 Fine; Jimmy Rivera (5), Count(s) 2, 6 months Probation and a $1500 Fine; Christopher Halsey (6), Count(s) 3, 6 months Probation and a $1000 Fine Appearances: Frank Alvarez, Jr, Stacey Webb Bond, Ryan D McConnell.(ERO:yes) (Interpreter:no), filed.(sbyrum, ) (Entered: 09/05/2008)
09/05/200828 JUDGMENT as to Lawrence W Shipley, III (Signed by Magistrate Judge Stephen Smith) Parties notified. (sbyrum, ) (Entered: 09/05/2008)
09/05/200829 Minute Entry for proceedings held before Judge Ewing Werlein, Jr: RE-ARRAIGNMENT held on 9/5/2008. Shipley Do-Nut Flour and Supply Company Inc (1) Guilty Count 1. Appearances: Dennis Cain, Lawrence David Finder, Ryan D McConnell.(Court Reporter: Reed), filed.(jhancock) (Entered: 09/05/2008)
09/05/200830  ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Shipley Do-Nut Flour and Supply Company Inc. PSI Completion due by 10/20/2008; Objection to PSI due by 11/3/2008 ; Final PSI due by 11/17/2008; Sentencing set for 12/19/2008 at 10:15 AM in Fifth Circuit Courtroom 11-D before Judge Ewing Werlein, Jr(Signed by Judge Ewing Werlein, Jr) Parties notified. (jhancock) (Entered: 09/05/2008)
09/05/200831 PLEA AGREEMENT as to Shipley Do-Nut Flour and Supply Company Inc, filed. (jhancock) (Entered: 09/05/2008)
09/05/200832 Declaration of Lawrence W. Shipley, III, filed.(jhancock) (Entered: 09/05/2008)
09/05/200833  Resolution of the Board of Directors of Shipley Properties, Inc., filed.(jhancock) (Entered: 09/05/2008)
09/05/200834 Resolution of the Board of Directors of Shipley Do-nut Flour and Supply Co., filed.(jhancock) (Entered: 09/05/2008)
09/05/200835  Resolution of the Board of Directors of Shipley Holding Corporation, filed.(jhancock) (Entered: 09/05/2008)
09/05/200836  AMENDED INFORMATION (as amended in Rearraignment on 9/5/08), filed.(jhancock) (Entered: 09/05/2008)
10/02/200837 JUDGMENT as to Jimmy Rivera (Signed by Magistrate Judge Stephen Wm Smith) Parties notified. (jmarchand) (Entered: 10/03/2008)
10/02/200838 JUDGMENT as to Christopher Halsey (Signed by Magistrate Judge Stephen Wm Smith) Parties notified. (jmarchand) (Entered: 10/03/2008)
10/03/200839 JUDGMENT as to Julian Garcia (Signed by Magistrate Judge Stephen Wm Smith) Parties notified. (jmarchand) (Entered: 10/03/2008)
10/16/200840 SATISFACTION OF JUDGMENT by USA as to Lawrence W Shipley, III, filed.(jewilliams, ) (Entered: 10/17/2008)
10/24/200841 Sealed Event, filed. (Entered: 10/24/2008)
10/24/200842 Order Resetting Sentencing. Sentencing is reset for 2/20/2009 at 10:00 AM in Fifth Circuit Courtroom 11-D before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified. (jhancock) (Entered: 10/24/2008)
11/14/200843 SATISFACTION OF JUDGMENT by Julian Garcia, filed.(ceaton, ) (Entered: 11/17/2008)
11/14/200844 SATISFACTION OF JUDGMENT by USA as to Christopher Halsey, filed.(kstrouse, ) (Entered: 11/17/2008)
01/05/200945 PROBATION FORM 12B Request for Modifying the Conditions or Term of Supervision with Consent of the Offender as to Jimmy Rivera; Court recommends Modify Conditions as noted.. (Signed by Magistrate Judge Stephen Wm Smith) Parties notified. (jmarchand) (Entered: 01/05/2009)
01/16/200946 Sealed Event, filed. (Entered: 01/22/2009)
01/22/200947 Order Resetting Sentencing. Sentencing is reset for 5/22/2009 at 10:00 AM in Fifth Circuit Courtroom 11-D before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified. (jhancock) (Entered: 01/22/2009)
04/24/200948 Order Resetting Sentencing. Sentencing set for 8/7/2009 at 10:00 AM in Fifth Circuit Courtroom 11-D before Judge Ewing Werlein, Jr.(Signed by Judge Ewing Werlein, Jr) Parties notified. (sbyrum, ) (Entered: 04/28/2009)
06/02/200949 SATISFACTION OF JUDGMENT by USA as to Jimmy Rivera, filed.(Karpati, Elizabeth) (Entered: 06/02/2009)
07/09/200950 Statement of No Objections to PSR (Sealed) by USA as to Shipley Do-Nut Flour and Supply Company Inc, Shipley Properties, Lawrence W Shipley, III, Julian Garcia, Jimmy Rivera, Christopher Halsey, filed. (Entered: 07/09/2009)
07/14/200951 Objection to Presentence Investigation Report (Sealed) by Shipley Do-Nut Flour and Supply Company Inc, filed. (Entered: 07/14/2009)
07/15/200952 Final Presentence Investigation Report (Sealed) as to Shipley Do-Nut Flour and Supply Company Inc, filed. (ticlark, ) (Entered: 07/15/2009)
07/15/200953 Confidential Sentencing Recommendation(Sealed) regarding Shipley Do-Nut Flour and Supply Company Inc, filed. (ticlark, ) (Entered: 07/15/2009)
07/15/200954 Sealed Addendum to 52 Final Presentence Investigation Report (Sealed) as to Shipley Do-Nut Flour and Supply Company Inc, filed. (ticlark, ) (Entered: 07/15/2009)
08/03/200955 Sentencing Memorandum (Sealed) by Shipley Do-Nut Flour and Supply Company Inc, filed. (Entered: 08/03/2009)
08/07/200956 Minute Entry for proceedings held before Judge Ewing Werlein, Jr: Sentencing held on 8/7/2009 for Shipley Do-Nut Flour and Supply Company Inc (1), Count(s) 1, Deft sentenced to 3 yrs Probation, $250,000 Fine, $400 SA. Deft letter as to funds for payment of forfeiture filed and accepted in open court. Govt Motion to Dismiss Information against Shipley Properties filed in open court and GRANTED; Govt Motion to Substitute Monetary Amount in Lieu of Forfeiture of Real Property and for Final Order of Forfeiture filed in open court and GRANTED. Appearances: Dennis Cain, Ryan D McConnell.(Court Reporter: E. Reed) (Interpreter:no).(kcarr, ) (Entered: 08/07/2009)
08/07/200957 NOTICE OF RIGHT TO APPEAL as to Shipley Do-Nut Flour and Supply Company Inc.(Signed by Judge Ewing Werlein, Jr) Parties notified. (kcarr, ) (Entered: 08/07/2009)
08/07/200958 Letter re: funds for payment of forfeiture as to Shipley Do-Nut Flour and Supply Company Inc, filed.(kcarr, ) (Entered: 08/07/2009)
08/07/200959 Unopposed MOTION to Substitute Monetary Amount in Lieu of Forfeiture of Real Property and for Final Order of Forfeiture by USA as to Shipley Do-Nut Flour and Supply Company Inc, filed. (kcarr, ) (Entered: 08/07/2009)
08/07/200960 ORDER on 59 Motion to Substitute and for Final Order of Forfeiture as to Shipley Do-Nut Flour and Supply Company Inc (1).(Signed by Judge Ewing Werlein, Jr.) Parties notified.(kcarr, ) (Entered: 08/07/2009)
08/07/200961  MOTION to Dismiss by USA as to Shipley Do-Nut Flour and Supply Company Inc, Shipley Properties, filed. (kcarr, ) (Entered: 08/07/2009)
08/07/200962 ORDER granting 61 Motion to Dismiss as to Shipley Properties (2).(Signed by Judge Ewing Werlein, Jr.) Parties notified.(kcarr, ) (Entered: 08/07/2009)
08/12/200963 JUDGMENT as to Shipley Do-Nut Flour and Supply Company Inc.(Signed by Judge Ewing Werlein, Jr) Parties notified. (kcarr, ) (Entered: 08/12/2009)
08/12/200964 Statement of Reasons (Sealed) as to Shipley Do-Nut Flour and Supply Company Inc, filed. (Entered: 08/12/2009)
09/03/200965 SATISFACTION OF JUDGMENT by USA as to Shipley Do-Nut Flour and Supply Company Inc, filed.(Karpati, Elizabeth) (Entered: 09/03/2009)
07/22/201166 ORDER TERMINATING Probation as to Shipley Do-Nut Flour and Supply Company Inc.(Signed by Judge Ewing Werlein, Jr) Parties notified. (chorace) (Entered: 07/22/2011)