LEVIN

United States District Court
Northern District of Illinois - CM/ECF LIVE, Ver 4.2 (Chicago)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-01117-2


Case title: USA v. Miller, et al

Date Filed: 11/19/2002
Date Terminated: 03/03/2005

Assigned to: Honorable Milton I. Shadur

Defendant (2)
Stoelting Company
TERMINATED: 03/03/2005
represented byWalter Jones , Jr.
Pugh, Jones, Johnson & Quandt,P.C.
180 North LaSalle Street
Suite 3400
Chicago, IL 60601-2700
(312) 768-7800
Fax: 312-768-7801
Email: wjones@pjjq.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Camille B. Conway
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, IL 60606
(312) 357-1313
Email: cconway@btlaw.com
ATTORNEY TO BE NOTICED

Roland C Lara
General Counsel
Cook County Housing Authority
175 West Jackson Blvd.
Suite 350
Chicago, IL 60604
(312) 542 - 4654
Fax: 312-363-6107
Email: rlara@thehacc.org
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
50:1705.F; 15:764.2(a), (c), (e) PENALTIES, VIOLATES ANY LICENSE OR ORDER
(1)
The defendant organizationis hereby sentenced to probation for a term of Two (2) years and Six (6) Months. The defendant shall pay a fine of $20,000.00. Schedule of Payments.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
50:1705.F; 15:764.2(a), (c), (e) PENALTIES, VIOLATES ANY LICENSE OR ORDER
(2-4)
All remaining counts are dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
United States of America represented byBrian R. Havey
United States Attorney's Office (NDIL)
219 South Dearborn Street
Suite 500
Chicago, IL 60604
(312) 353-1857
Email: brian.havey@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pretrial Services
.
435-5545
Email: ilnptdb_Court_Action_Notice@ilnpt.uscourts.gov
ATTORNEY TO BE NOTICED

Probation Department
.
408-5197
Email: Intake_Docket_ILNP@ilnp.uscourts.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/19/2002INDICTMENT Counts filed against Lavern Miller (1) count(s) 1-4, Stoelting Company (2) count(s) 1-4 (meg) (Entered: 11/22/2002)
11/19/2002DESIGNATION SHEET FELONY Category III (meg) (Entered: 11/22/2002)
11/19/2002MINUTE ORDER of 11/19/02 by Hon. Sidney I. Schenkier as to Lavern Miller, Stoelting Company : To set preliminary bail at $4,500.00 and that defendant be allowed to sign own recognizance bond as to Lavern Miller. No bond set; company is a business as to Stoelting Company. No notice (meg) (Entered: 11/22/2002)
11/21/2002ARRAIGNMENT NOTICE: Before Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Arraignment and plea set on 11/27/02 at 1:15 p.m. Mailed notice (meg) (Entered: 11/22/2002)
11/21/2002APPEARANCE of Attorney for Stoelting Company by Walter Jones Jr., Camille B. Conway, Roland C Lara (meg) (Entered: 11/27/2002)
12/03/2002MINUTE ORDER of 12/3/02 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Arraignment held. Defendants enter pleas of not guilty to all charges. LR16.1 is to be completed by 12/10. Defense motions are due 12/24/02 followed by the Government's response on 1/7/03. Status hearing set for 1/16/03 at 1:15pm. Defendant's appearance is waived. Bond set at $4,500 OR for defendant Miller. This Court finds that the time from today to and including 1/16/03 is excludable under 18:3161(h)(1) of the Speedy Trial Act and the Tibboel case. Mailed notice (emd) (Entered: 12/04/2002)
12/24/200210 MOTION by Lavern Miller, Stoelting Company to require notice of intention to use other crimes, wrongs or acts evidence ; Notice (meg) (Entered: 12/27/2002)
12/24/200211 MOTION by Lavern Miller, Stoelting Company for favorable evidence (meg) (Entered: 12/27/2002)
12/24/200212 STATEMENT by Lavern Miller, Stoelting Company of compliance with Local Criminal Rule 16.1 (meg) (Entered: 12/27/2002)
12/27/200213 RESPONSE by USA to defendants' pretrial motions [11-1], [10-1]; Notice (yap) (Entered: 12/31/2002)
01/16/200314 EX PARTE MOTION by Lavern Miller, Stoelting Company for issuuance of subpoenas ; Notice (meg) (Entered: 01/21/2003)
01/16/200315 MINUTE ORDER of 1/16/03 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Defendants are granted to 2/13/03 in which to file additional motions. Government's response is due 2/27/03. Status hearing held; continued to 3/7/03 at 1:15 p.m. Defendant's motion for favorable evidence is granted [11-1] Defendant's motion to require notice of intention is granted [10-1] in part and denied in part. Defendant's ex- parte application for issuuance of subpoenas is granted [14-1]. The Court finds the time form tomoorow to and including 3/7/03 continues to be excludable. Mailed notice (meg) (Entered: 01/21/2003)
02/13/200316 MOTION by defendants Lavern Miller, Stoelting Company for leave to file motion to suppress and memorandum of law in suppport therof in excess of 15 pages (kmt) (Entered: 02/14/2003)
02/13/200317 MOTION by defendants to suppress with memorandum of law in support thereof (Attachments) (kmt) (Entered: 02/14/2003)
02/13/200317 MEMORANDUM by defendants in support thereof motion to suppress [17-1] with motion to suppress (Attachments) (kmt) (Entered: 02/14/2003)
02/24/200319 RESPONSE by USA to defendants' motion to suppress [17-1] (Attachments); Notice (yap) (Entered: 02/27/2003)
03/07/200320 MINUTE ORDER of 3/7/03 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Status hearing held and continued to 3/21/03 at 1:00 p.m. Defendants' motion to suppress [17-1] is denied for reasons stated in this court's oral ruling (see particularly, but no exclusively, United States vs. Hall, 47 F.3d 1091, 1094-97 (11th Cir. 1995) and cases cited there, United States vs. Dunkel, 900 F.2d 105, 106-107 (7th Cir. 1990). Speedy Trial Act time further excluded from March 8 through March 21 under 18:3161(h)(8)(A) and (b)(4) due to defendant's need for effective preparation. (XT,XT4). Status hearing is set for 3/21/03 at 1:00 p.m. at which time it is anticipated case will be set for trial. Mailed notice (yap) (Entered: 03/11/2003)
03/21/200321 MINUTE ORDER of 3/21/03 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Status hearing held and continued to 5/20/03 at 1:15 p.m. This court finds that the time from today to and including 5/20/03 continues to be excludable. Mailed notice (yap) (Entered: 03/24/2003)
05/20/200322 MINUTE ORDER of 5/20/03 by Hon. Milton I. Shadur as to both defendants: Status hearing held and continued to 8/1/03 at 1:15 p.m. This court finds the time from today to and including 8/1/03 excludable under 18:3161(h)(8)(a) and the Speedy Trial Act. Mailed notice (yap) (Entered: 05/21/2003)
08/01/200323 MINUTE ORDER of 8/1/03 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : The Court finds that the time from today to and including 9/2/03 is excluded under 18:3161(h)(1) of the Speedy Trial Act. Status hearing held; continued to 8/2/03 at 1:15 p.m. Mailed notice (meg) (Entered: 08/04/2003)
09/02/200324 MINUTE ORDER of 9/2/03 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Status hearing held and continued to 10/1/03 at 1:15pm. This Court finds that the time from today to and including 10/1/03 is excluded under 18:3161(h)(1) of the Speedy Trial Act. Mailed notice (emd) (Entered: 09/03/2003)
10/01/200325 MINUTE ORDER of 10/1/03 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : This Court finds that the time from today to and including 11/17/03 continues to be excludable. Status hearing held; continued to 11/17/03 at 1:15 p.m. Mailed notice (meg) (Entered: 10/02/2003)
11/17/200326 MINUTE ORDER of 11/17/03 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : The court finds the time from today to and including 1/5/04 continutes to be excludable under 18:3161(h)(1). Status hearing held; continued to 1/5/04 at 1:15 p.m. Mailed notice (meg) (Entered: 11/18/2003)
12/15/200327 NOTICE as to Lavern Miller, Stoelting Company of change of address for law firm of Pugh, Jones & Johnson, P.C. (emd) (Entered: 12/18/2003)
01/05/2004  SCHEDULE set on 1/5/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 1:15 2/2/04 . In court notice (srn) (Entered: 01/05/2004)
02/02/2004  SCHEDULE set on 2/2/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 1:15 2/9/04 . In court notice (srn) (Entered: 02/02/2004)
02/03/200428 TRANSCRIPT of proceeding as to Lavern Miller, Stoelting Company held before Hon. Milton I. Shadur on 3/7/03 (1 Vol.: 28-1) (meg) (Entered: 02/04/2004)
02/09/200429 MINUTE ORDER of 2/9/04 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Change of plea set for 2/20/04 at 1:15 p.m. Status hearing held. Mailed notice (meg) (Entered: 02/11/2004)
02/20/200432 MINUTE ORDER of 2/20/04 by Hon. Milton I. Shadur as to defendant Stoelting Company : Change of plea hearing held. Defendant Stoelting Company enters guilty plea to count one of the criminal indictment. Plea accepted. Judgment of guilty entered. Order PSI. Sentencing is set for 9/17/04 at 1:15 p.m Mailed notice (kmt) (Entered: 02/24/2004)
02/20/200433 PLEA Agreement as to Stoelting Company (kmt) (Entered: 02/24/2004)
08/13/200434 UNOPPOSED MOTION by Lavern Miller, Stoelting Company to continue sentencing date (Attachment); Notice (meg) (Entered: 08/25/2004)
08/17/200435 AMENDED NOTICE of motion by Lavern Miller, Stoelting Company regarding unopposed motion to continue sentencing date [34-1] (meg) (Entered: 08/25/2004)
08/24/200436 MINUTE ORDER of 8/24/04 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Defendants' unopposed motion to continue sentencing date is granted [34-1]. The 9/17/04 sentencing date is vacated and a status hearing is set for 10/20/04 to determine a sentencing date. Sentencing hearing held. Status hearing set for 10/20/04 at 9:00 a.m. Mailed notice (meg) (Entered: 08/25/2004)
10/20/2004  SCHEDULE set on 10/20/04 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 12/1/04 . In court notice (srn) (Entered: 10/20/2004)
11/08/2004  SCHEDULE set on 11/8/04 by Hon. Milton I. Shadur : Status hearing reset to 9:00 12/10/04 . Mailed notice (srn) (Entered: 11/08/2004)
11/14/200439 MOTION by defendants for sentencing outside of the Federal Guidelines ; Notice (yap) (Entered: 12/16/2004)
11/14/200440 MOTION by defendants for downward departure Supporting Memorandum (Attachments) (yap) (Entered: 12/16/2004)
11/14/200441 EXHIBITS by defendants (yap) (Entered: 12/16/2004)
11/19/200437 UNOPPOSED MOTION by Lavern Miller, Stoelting Company to continue status date ; Notice (meg) (Entered: 11/24/2004)
11/23/200438 MINUTE ORDER of 11/23/04 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Defendant's unopposed motion to continue status date is granted [37-1]. Defendants have to and including 12/14/04 in which to file a motion for downward departure. The 12/10/04 status date is vacated and reset to 12/21/04 at 1:15 p.m. Mailed notice (meg) (Entered: 11/24/2004)
12/21/200442 MINUTE ORDER of 12/21/04 by Hon. Milton I. Shadur as to Lavern Miller, Stoelting Company : Status hearing held. Sentencing is set for 2/25/05 at 1:15pm. Defense counsel will supplement their existing motion for downward departure promptly after the Supreme Court's ruling in Booker-Fanfan, and the government will respond to the supplemented motion within 14 days after receiving the supplement. Mailed notice (emd) (Entered: 12/23/2004)
02/24/200543 SUPPLEMENTAL BRIEF by Lavern Miller, Stoelting Company in light of booker; Notice (meg, ) (Entered: 03/01/2005)
03/03/200545 JUDGMENT (Sentencing Order) as to Stoelting Company (2), Count(s) 1, The defendant organizationis hereby sentenced to probation for a term of Two (2) years and Six (6) Months. The defendant shall pay a fine of $20,000.00. Schedule of Payments.; Count(s) 2-4, All remaining counts are dismissed on the motion of the United States., Stoelting Company terminated. Signed by Judge Milton I. Shadur on 3/3/05. Mailed notice (meg, ) (Entered: 03/14/2005)
03/10/2005  JUDGMENT and Commitment as to Stoelting Company issued to U.S. Marshal (meg, ) (Entered: 03/14/2005)
03/23/200546 MOTION by Lavern Miller, Stoelting Company to modify sentence. (rbf, ) (Entered: 03/28/2005)
03/23/200547  NOTICE of Motion by Roland C Lara for presentment of defendants' motion to modify sentence 46 before Honorable Milton I. Shadur on 4/5/2005 at 09:15 AM. (rbf, ) (Entered: 03/28/2005)
05/03/200550  (RELEASE) of judgment by USA as to Stoelting Company (meg, ) (Entered: 05/09/2005)
01/19/200752 MINUTE entry as to Lavern Miller and Stoelting Co. before Judge Milton I. Shadur : It is hereby ordered that the term of supervised release as to Lavern Miller and the Stoelting Co. is hereby terminated satisfactorily. Mailed notice (srn, ) (Entered: 01/19/2007)
02/06/200753 TRANSCRIPTS of proceedings for the following dates: 2/20/04 & 3/2/05; Before the Honorable Milton I. Shadur as to Lavern Miller, Stoelting Company (Two volumes) (las, ) (Entered: 02/07/2007)