CLOSED_2011

U.S. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:11-cr-00010-RJA All Defendants


Case title: USA v. Tally - Ho Entertainment L.C.C.

Date Filed: 01/11/2011
Date Terminated: 08/31/2011

Assigned to: Hon. Richard J. Arcara

Defendant (1)
Tally - Ho Entertainment L.C.C.
TERMINATED: 08/31/2011
doing business as
Rick's Tally Ho
TERMINATED: 08/31/2011
represented byJoel L. Daniels
42 Delaware Avenue
Suite 700
Buffalo, NY 14202
716-856-5140
Fax: 716-856-3106
Email: jdaniels38@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:856=CD.F Controlled Substance Sell/Distribute/Dispence
(1)
Deft is placed on probation for a term of 1 year; the term of probation shall be unsupervised. No fine. The Court waives the $400.00 mandatory assessment.
21:853.F CRIMINAL FORFEITURES
(2)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byGeorge C. Burgasser
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5811
Fax: 716-551-3052
Email: george.c.burgasser@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/11/2011INFORMATION as to Tally - Ho Entertainment L.C.C. (1) count(s) 1, 2. (CMD) (Entered: 01/13/2011)
04/25/2011  Set/Reset Hearings as to Tally - Ho Entertainment L.C.C.: Waiver of Indictment and Plea set for 5/12/2011 11:30 AM before Hon. Richard J. Arcara. (DJD) (Entered: 04/25/2011)
05/12/2011  Set/Reset Hearings as to Tally - Ho Entertainment L.C.C.: Sentencing set for 8/25/2011 01:00 PM before Hon. Richard J. Arcara. (DJD) (Entered: 05/16/2011)
05/12/2011  DISMISSAL OF COUNTS on Government Motion as to Tally - Ho Entertainment L.C.C.. (DLC) (Entered: 05/16/2011)
05/12/2011INFORMATION as to Tally - Ho Entertainment L.C.C. (1) count(s) 1, 2. (DLC) Modified on 5/16/2011 (DLC). (Entered: 05/16/2011)
05/12/2011Corporate Resolution by Tally - Ho Entertainment L.C.C. (DLC) (Entered: 05/16/2011)
05/12/2011WAIVER OF INDICTMENT by Tally - Ho Entertainment L.C.C. (DLC) (Entered: 05/16/2011)
05/12/2011PLEA AGREEMENT as to Tally - Ho Entertainment L.C.C. (DLC) (Entered: 05/16/2011)
05/12/2011  Minute Entry for proceedings held 5/12/2011 before Hon. Richard J. Arcara as to Deft, Tally-Ho Entertainment, L.L.C. (1). Waiver of Indictment and Plea proceeding is held. The Court acknowledges a corporate resolution adopted by the Board of Directors of Tally-Ho Entertainment, L.L.C. authorizing the corporation to enter into a plea agreement. Richard Snowden appears on behalf of Tally-Ho, L.L.C. in his capacity as President and sole member of the Board of Directors. Deft waives Indictment and pleads guilty to a one-count Information (Count 1). The following schedule is established for the submission of sentencing papers: initial Presentence Investigation Report due by 7/8/2011; Statement with Respect to Sentencing Factors, objections and/or motions, including 5K1.1 motion, government notice not to file 5K1.1 motion, or government motion for extension of time to file 5K1.1 motion, if applicable, due by 8/4/2011; notice by the defendant of government failure to file 5K1.1 motion, if applicable, due by 8/9/2011; responses to objections and/or motions due by 8/11/2011; motions to adjourn sentencing due by 8/15/2011; final Presentence Investigation Report due by 8/18/2011; character letters and/or sentencing memorandum in support of the defendant due by 8/18/2011. Sentencing is scheduled for 8/25/2011 at 01:00 PM before Hon. Richard J. Arcara. Appearances: Govt - Mary Kane; Deft - Joel Daniels; USPO - No appearance (Court Reporter Yvonne Garrison.)(DJD) (Entered: 05/23/2011)
05/12/2011TEXT ORDER as to defendant, Tally - Ho Entertainment L.C.C. (1). The following schedule is established for the submission of sentencing papers: initial Presentence Investigation Report due by 7/8/2011; Statement with Respect to Sentencing Factors, objections and/or motions, including 5K1.1 motion, government notice not to file 5K1.1 motion, or government motion for extension of time to file 5K1.1 motion, if applicable, due by 8/4/2011; notice by the defendant of government failure to file 5K1.1 motion, if applicable, due by 8/9/2011; responses to objections and/or motions due by 8/11/2011; motions to adjourn sentencing due by 8/15/2011; final Presentence Investigation Report due by 8/18/2011; character letters and/or sentencing memorandum in support of the defendant due by 8/18/2011. SO ORDERED. Issued by Hon. Richard J. Arcara on May 12, 2011.(DJD) (Entered: 05/23/2011)
05/13/2011PRELIMINARY ORDER OF FORFEITURE as to Tally - Ho Entertainment L.C.C.. Signed by Hon. Richard J. Arcara on 5/12/2011.(DLC) (Entered: 05/19/2011)
07/13/2011STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to Tally - Ho Entertainment L.C.C. (Burgasser, George) (Entered: 07/13/2011)
08/22/2011SENTENCING MEMORANDUM by Tally - Ho Entertainment L.C.C. (Daniels, Joel) (Entered: 08/22/2011)
08/25/2011  Minute Entry for proceedings held 8/25/2011 before Hon. Richard J. Arcara as to Deft, Tally-Ho Entertainment, L.L.C., a/k/a Rick's Tally Ho (1), Count(s) 1 (Information). Sentencing is held. Attorney, Joel Daniels as counsel for the corporation stands in for the corporation at sentencing pursuant to Rule 43(b)(1) of the Federal Rules of Criminal Procedure. The Court accepts the terms and conditions of the plea agreement and the plea of guilty. The Presentence Investigation Report is placed in the record under seal. If an appeal is filed, counsel on appeal will be permitted access to the sealed report, except that counsel on appeal will not be permitted access to the recommendation section. Deft is placed on probation for a term of 1 year; the term of probation shall be unsupervised. No fine. The Court waives the $400.00 mandatory assessment. Appearances: Govt - George Burgasser; Deft - Joel Daniels; USPO - Michael Quarantillo appearing for Susan Murray (Court Reporter Yvonne Garrison.)(DJD) (Entered: 08/31/2011)
08/26/201110 NOTICE by USA as to Tally - Ho Entertainment L.C.C. (Declaration of Publication. Last date of publication July 10, 2011) (Robinson, Kevin) (Entered: 08/26/2011)
08/26/201111 FINAL ORDER DIRECTING FORFEITURE OF PROPERTY as to Tally - Ho Entertainment L.C.C.. Signed by Hon. Richard J. Arcara on 8/26/2011. (DLC) (Entered: 08/30/2011)
08/29/201112 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Tally - Ho Entertainment L.C.C. (DLC) (Entered: 08/30/2011)
08/31/201113 JUDGMENT filed as to Tally - Ho Entertainment L.C.C. (1). Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. Signed by Hon. Richard J. Arcara on 8/31/2011.(DLC) (Entered: 09/01/2011)