U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:07-cr-00466-1


Case title: USA v. Texas Oil and Gathering, Inc. et al

Date Filed: 11/14/2007
Date Terminated: 07/28/2010

Assigned to: Judge Keith P Ellison

Defendant (1)
Texas Oil and Gathering, Inc.
Fugitive
TERMINATED: 07/28/2010
represented byJames Madison Ardoin
Cogdell & Ardoin, LLC
1401 McKinney
Suite 1625
Houston, TX 77010
713-426-2244
Fax: 713-426-2255
Email: jimmy@cogdellardoin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Dean M Blumrosen
Attorney at Law
4309 Yoakum Blvd.
Ste 2000
Houston, TX 77006-5817
713-524-2225
Fax: 713-524-5570
Email: dblumrosenlaw@aol.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
CONSPIRACY
(1s)
Probation 3 Years; $80,000 to run concurrently with Count 2s, 800.00 SA; The Defendant of the organziation shall not commit another federal, state or local crime. Within 30 days from the date of judgment the defendant organization shall designate an official of the organization to act as the organization's representative and to be the primary contact with the probation officer. The Deft organization shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. The Deft organization shall permit a probation officer to visit the organization at any of its operating business sites. The deft organization shall notify the probation officer within 72 hours of any criminal prosecution, major civil litigation, or administrative proceeding agains the organization. The Deft organization shall not dissolve, change its name, or change the ncame under which it does business unless the judgment and all criminal monetary penalties imposed by this Court are either fully satisfied or are equally enforceable against the Deft's successors or assignees.
ILLEGAL DISPOSAL OF HAZARDOUS WASTES WITHOUT A PERMIT
(2s)
Probation 3 Years; $80,000 to run concurrently with Count 1s, 800.00 SA; The Defendant of the organziation shall not commit another federal, state or local crime. Within 30 days from the date of judgment the defendant organization shall designate an official of the organization to act as the organization's representative and to be the primary contact with the probation officer. The Deft organization shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. The Deft organization shall permit a probation officer to visit the organization at any of its operating business sites. The deft organization shall notify the probation officer within 72 hours of any criminal prosecution, major civil litigation, or administrative proceeding agains the organization. The Deft organization shall not dissolve, change its name, or change the ncame under which it does business unless the judgment and all criminal monetary penalties imposed by this Court are either fully satisfied or are equally enforceable against the Deft's successors or assignees.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
CONSPIRACY
(1)
Disposed pursuant to plea agreement.
ILLEGAL DISPOSAL OF HAZARDOUS WASTES WIHTOUT A PERMIT
(2-4)
Disposed on Govt's Motion.
ILLEGAL DISPOSAL OF HAZARDOUS WASTES WITHOUT A PERMIT
(3s-4s)
Disposed pursuant to plea agreement.
ILLEGAL TRANSPORTATION OF HAZARDOUS WASTE TO A FACILITY THAT DID NOT HAVE A PERMIT
(5-7)
Disposed pursuant to plea agreement.
ILLEGAL TRANSPORTATION OF HAZARDOUS WASTE TO A FACILITY THAT DID NOT HAVE A PERMIT
(5s-7s)
Disposed pursuant to plea agreement.
ILLEGAL DISPOSAL OF WASTE OTHER THAN OIL AND GAS PRODUCTION WASTE IN A CLASS II INJECTION WELL
(8-14)
Disposed pursuant to plea agreement.
ILLEGAL DISPOSAL OF WASTE OTHER THAN OIL AND GAS PRODUCTION WASTE IN A CLASS II INJECTION WELL
(8s)
Disposed pursuant to plea agreement.
ILLEGAL DISPOSAL OF WASTE OTHER THAN OIL AND GAS PRODUCTION WASTE IN A CLASS II INJECTION WELL
(9s-14s)
Disposed pursuant to plea agreement.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byAbran Martinez
Office of U S Attorney
919 Milam
Ste 1500
Houston, TX 77002
713-567-9349
Fax: 713-718-3300
Email: abe.martinez@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Lary Cook Larson
US Department of Justice
601 D St NW
Washington, DC 20011
202-305-0294
Fax: 202-305-0397
Email: lary.larson@usdoj.gov
TERMINATED: 06/27/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Rocky Piaggione
USDOJ/ENRD/ECS
601 D St, NW Suite
Washington, DC 20004
202-305-4682
Fax: 202-305-0396
Email: rocky.piaggione@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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

Leslie E Lehnert
U.S. Dept of Justice
P O Box 23985
L'Enfant Plaza Station
Washington, DC 20026-3985
202-514-1761
Fax: 202-305-0396
Email: leslie.lehnert@usdoj.gov
ATTORNEY TO BE NOTICED

William Robert Miller
U S Environmental Protection Agncy
1919 Smith Street
Ste 925
Houston, TX 77002
713-209-4909
Fax: 713 654-9720
Email: miller.william@epa.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/14/20071INDICTMENT (The original indictment with the signature of the grand jury foreperson is on file under seal with the clerk) as to Texas Oil and Gathering, Inc. (1) count(s) 1, 2-4, 5-7, 8-14, John Kessel (2) count(s) 1, 2-4, 5-7, 8-14, Edgar Pettijohn (3) count(s) 1, 2-4, 5-7, 8-14, filed. (jegonzalez, ) (Entered: 11/15/2007)
11/14/20072US Attys Criminal Docket Sheet as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed.(jegonzalez, ) (Entered: 11/15/2007)
11/14/20073ORDER for Issuance of Summons as to Texas Oil and Gathering, Inc. ( Signed by Judge Frances H Stacy ) (jegonzalez, ) (Entered: 11/15/2007)
11/15/20078DOCKET CONTROL ORDER as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. ETT:2 weeks: Dispositive Motion Filing due by 11/27/2007 Responses due by 12/4/2007 Jury Questions and Jury Charge due by 12/14/2007 Pretrial Conference set for 12/14/2007 at 01:30 PM in Courtroom 3A before Judge Keith P Ellison Jury Trial set for 12/31/2007 at 08:30 AM in Courtroom 3A before Judge Keith P Ellison( Signed by Judge Frances H Stacy ) Parties notified. (dhays, ) (Entered: 11/19/2007)
11/16/20076INITIAL APPEARANCE, COUNSEL DETERMINATION HEARING, BOND HEARING Minute Entry for proceedings held before Judge Frances H Stacy : as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, (Deft informed of rights) held on 11/16/2007. Bond Set as to John Kessel, Edgar Pettijohn Appearances:Mark McIntyre, AUSA; D. Hernandez, PTSO.(ERO:yes) Deft continued on bond, filed.(dhays, ) (Entered: 11/19/2007)
11/16/20077ARRAIGNMENT Minute Entry for proceedings held before Judge Frances H Stacy : as to Texas Oil and Gathering, Inc. (1) Count 1,2-4,5-7,8-14 and John Kessel (2) Count 1,2-4,5-7,8-14 and Edgar Pettijohn (3) Count 1,2-4,5-7,8-14 held on 11/16/2007. Not Guilty on all counts. Scheduling order issued w/cc to parties. Appearances:Mark McIntyre, AUSA; D. Hernandez, USPSO. James Madison Ardoin, Robert A Swofford.(ERO:yes) Deft continued on bond, filed.(dhays, ) (Entered: 11/19/2007)
11/26/200718NOTICE OF ATTORNEY APPEARANCE: James Madison Ardoin appearing for Texas Oil and Gathering, Inc., filed.(Ardoin, James) (Entered: 11/26/2007)
11/27/200721Unopposed MOTION to Continue Docket Control Order by Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Ardoin, James) (Entered: 11/27/2007)
11/28/200722ORDER CONTINUING DOCKET CONTROL ORDER as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Time excluded from 11/28/2007 until 4/21/2008. Dispositive Motion Filing due by 3/13/2008; Responses due by 3/27/2008; Proposed Voir Dire due by 4/10/2008. Pretrial Conference set for 4/10/2008 at 01:30 PM in Courtroom 3A before Judge Keith P Ellison Jury Trial set for 4/21/2008 at 08:30 AM in Courtroom 3A before Judge Keith P Ellison( Signed by Judge Keith P Ellison ) Parties notified. (csonnier, ) (Entered: 11/28/2007)
12/18/200725Order GRANTING 23 Motion to Travel to Gonzales, Texas as to Edgar Pettijohn (3).(Signed by Judge Keith P Ellison.) Parties notified.(csonnier, ) (Entered: 12/18/2007)
12/28/200726MAIL RETURNED UNDELIVERABLE re: 25 sent to Abe Martinez as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (dhays, ) (Entered: 01/02/2008)
02/27/200831Unopposed MOTION to Continue Docket Control Order by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Ardoin, James) (Entered: 02/27/2008)
02/29/200832Excludable Delay Order GRANTING 31 Motion to Continue as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Time excluded from 2/29/2008 until 6/16/2008. Dispositive & Non-Dispositive Motion Filing due by 4/21/2008; Proposed Voir Dire due by 6/5/2008; Responses due by 5/5/2008; Pretrial Conference set for 6/5/2008 at 01:30 PM in Courtroom 3A before Judge Keith P Ellison..Jury Trial set for 6/16/2008 at 08:30 AM in Courtroom 3A before Judge Keith P Ellison.. ( Signed by Judge Keith P Ellison ) Parties notified. (csonnier, ) (Entered: 03/04/2008)
03/05/200833SUPERSEDING INDICTMENT (The original indictment with the signature of the grand jury foreperson is on file under seal with the clerk) as to Texas Oil and Gathering, Inc. (1) count(s) 1s, 2s-4s, 5s-7s, 8s-14s, John Kessel (2) count(s) 1s, 2s-4s, 5s-7s, 8s-14s, Edgar Pettijohn (3) count(s) 1s, 2s-4s, 5s-7s, 8s-14s, filed. (mmapps, ) (Entered: 03/06/2008)
03/05/200834US Attys Criminal Docket Sheet as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed.(mmapps, ) (Entered: 03/06/2008)
03/05/200835ORDER for Issuance of Summons as to Texas Oil and Gathering, Inc. ( Signed by Judge Calvin Botley ) Parties notified. (mmapps, ) (Entered: 03/06/2008)
03/06/2008  ***Set/Reset Hearings as to Texas Oil and Gathering, Inc.: Initial Appearance set for 3/17/2008 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith.... (mmapps, ) (Entered: 03/06/2008)
03/10/200838Summons Returned Executed on 3/7/08 as to Texas Oil and Gathering, Inc., filed. (rvazquez, ) (Entered: 03/11/2008)
03/14/200842WAIVER of Appearance & Entry of Plea by Texas Oil and Gathering, Inc., filed.(sjones, ) (Entered: 03/17/2008)
04/18/200845Agreed MOTION for Extension of Time to File Motions by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Ardoin, James) (Entered: 04/18/2008)
04/21/200846 MOTION in Limine by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Miller, William) (Entered: 04/21/2008)
04/21/200847ORDER GRANTING 45 MOTION for Extension of Time to File as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn Dispositive & Non-Dispositive Motion Filing due by 4/28/2008. Responses due by 5/12/2008....( Signed by Judge Keith P Ellison ) Parties notified. (csonnier, ) (Entered: 04/21/2008)
04/28/200848 MOTION to Suppress Evidence by Edgar Pettijohn as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 3 Proposed Order)(Blumrosen, Dean) (Entered: 04/28/2008)
04/28/200849 MOTION for Leave to File Additional Discovery by Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Blumrosen, Dean) (Entered: 04/28/2008)
04/28/200850Opposed MOTION to Suppress Evidence by Texas Oil and Gathering, Inc., John Kessel as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 2 Proposed Order)(Ardoin, James) (Entered: 04/28/2008)
05/05/200851 RESPONSE by Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn re 1 Proposed Order Response to Motion in lImine)(Blumrosen, Dean) (Entered: 05/05/2008)
05/07/200852Unopposed MOTION to Continue Trial Setting by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Ardoin, James) (Entered: 05/07/2008)
05/08/200853Amended MOTION to Continue Trial by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Ardoin, James) (Entered: 05/08/2008)
05/09/200854ORDER granting 53 Motion to Continue as to Texas Oil and Gathering, Inc. (1), John Kessel (2), Edgar Pettijohn (3) Proposed Voir Dire due by 1/7/2009 Jury Trial set for 1/12/2009 at 08:30 AM in Courtroom 3A before Judge Keith P Ellison Pretrial Conference set for 1/7/2009 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison.(Signed by Judge Keith P Ellison.) Parties notified.(svaught) (Entered: 05/09/2008)
05/12/200855 RESPONSE in Opposition by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn re 48 MOTION to Suppress Evidence, filed.(Gallagher, Edward) (Entered: 05/12/2008)
05/12/200856 RESPONSE in Opposition by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn re 45 MOTION for Extension of Time to File, filed.(Gallagher, Edward) (Entered: 05/12/2008)
06/27/200857Notice of Substitution by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Attorney rocky piaggione added. Attorney Lary Cook Larson terminated, filed.(Piaggione, Rocky) (Entered: 06/27/2008)
06/27/200858Memorandum & Order DENYING IN PART 50 DENYING IN PART Defendant Edgar Pettijohn's Motion to Suppress. (Signed by Judge Keith P Ellison) Parties notified. (csonnier, ) (Entered: 06/27/2008)
06/30/200859NOTICE OF ATTORNEY APPEARANCE Leslie E Lehnert appearing for USA., filed.(Lehnert, Leslie) (Entered: 06/30/2008)
07/17/200860Supplemental MOTION to Suppress Evidence by Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 4 Exhibit Ex 4. Antonacci Affidavit)(Blumrosen, Dean) (Entered: 07/17/2008)
07/23/200861ORDER as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn Evidentiary Hearing set for 8/20/2008 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified. (svaught) (Entered: 07/23/2008)
08/11/200862Sealed Event, filed. (With attachments) (Entered: 08/11/2008)
08/19/200863EXHIBIT LIST by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Miller, William) (Entered: 08/19/2008)
08/19/200864WITNESS LIST by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Miller, William) (Entered: 08/19/2008)
08/20/2008  Minute Entry for proceedings held before Judge Keith P Ellison: SUPPRESSION HEARING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn held on 8/20/2008. Testifying witnesses: Willie Stevens, Farley Burge, SHirley Rodriguez, Richard Castleberry, John Kessel, Jack Walker. Admitted Exhibits: Govt. Exhibits: 1-5, Deft. Exhs. 1-6. Pettijohn offered his affidavit (from Document 60, Exhibit 2, previously on file in this matter) into evidence for purposes of the Suppression hearing. In addition, Pettijohn requested that the Court take judicial notice of this document, without objection, from the government. Appearances: James Madison Ardoin, Dean M Blumrosen, Dan Lamar Cogdell, Leslie E Lehnert, Rocky Piaggione, US Marshal - H.(Court Reporter: Metzger) (Interpreter:No) Deft continued on Bond, filed.(svaught ) Modified on 8/25/2008 (svaught). (Entered: 08/22/2008)
08/22/2008  Attorney update in case as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Attorney Dean M Blumrosen for Edgar Pettijohn added. Attorney Robert A Swofford terminated. (svaught) (Entered: 08/22/2008)
09/02/200867TRANSCRIPT as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn re: Suppression Hearing held on 8/20/08 before Judge Keith P Ellison.Court Reporter/Transcriber K. Metzger. Release of Transcript Restriction set for 12/1/2008., filed. (kmetzger, ) (Entered: 09/02/2008)
09/04/200868Notice of Filing of Official Transcript as to 67 Transcript,. Party notified, filed. (dclark, ) (Entered: 09/04/2008)
10/08/200869 Brief in Support of Defendants' Motion to Suppress as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Ardoin, James) (Entered: 10/08/2008)
10/20/200870Memorandum in Opposition by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn re 1 Proposed Order)(Lehnert, Leslie) (Entered: 10/20/2008)
11/10/200871Opposed MOTION to Continue Trial Setting by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Ardoin, James) (Entered: 11/10/2008)
11/12/200872 RESPONSE in Opposition by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn re 71 MOTION to Continue Trial Setting, filed.(Lehnert, Leslie) (Entered: 11/12/2008)
11/17/200873NOTICE OF SETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Telephone Conference set for 11/20/2008 at 01:30 PM by telephone before Judge Keith P Ellison, filed. Parties may call in on the Court's Dial-In number at 713-250-5238. Parties should be prepared to discuss the Opposed Motion for Continuance. (svaught) (Entered: 11/17/2008)
12/12/200874 MOTION Designation of Custodian of Records by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Piaggione, Rocky) (Entered: 12/12/2008)
12/15/200875Order GRANTING 74 Motion to Designate Records Custodian as to Edgar Pettijohn (3).(Signed by Judge Keith P Ellison.) Parties notified.(csonnier, ) (Entered: 12/15/2008)
12/17/200876 Designation of Custodian of Records as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed.(Ardoin, James) (Entered: 12/17/2008)
12/18/200877Agreed MOTION to Continue Trial by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 1 Proposed Order)(Ardoin, James) (Entered: 12/18/2008)
12/18/200878Sealed Event, filed. (Entered: 12/18/2008)
12/22/200879NOTICE OF SETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Motion Hearing set for 12/22/2008 at 01:30 PM in by telephone before Judge Keith P Ellison, filed. Parties may appear by telephone by calling in on the Court's Dial in number at 713-250-5238. Parties should be prepard to discuss the Motion for Continuance. (svaught ) (Entered: 12/22/2008)
12/22/200880ORDER granting 77 Motion to Continue as to Texas Oil and Gathering, Inc. (1), John Kessel (2), Edgar Pettijohn (3) Proposed Voir Dire due by 4/16/2009 Jury Trial set for 4/20/2009 at 09:00 AM in Courtroom 3A before Judge Keith P Ellison Pretrial Conference set for 4/16/2009 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison. The hearing set for 12/22/2008 at 1:30 p.m is CANCELLED.(Signed by Judge Keith P Ellison.) Parties notified.(svaught) (Entered: 12/22/2008)
12/22/2008  **Terminate Deadlines and Hearings (pretrial conference set for 12/22/20008 at 1:30 p.m.) as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn: (svaught) (Entered: 12/22/2008)
03/20/200981MEMORANDUM AND ORDER as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn DENYING 50 MOTION to Suppress Evidence.(Signed by Judge Keith P Ellison) Parties notified. (svaught) (Entered: 03/20/2009)
03/24/200982Joint MOTION to Exclude Government's Proposed Expert Testimony by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Attachments: # 3 Proposed Order)(Ardoin, James) (Entered: 03/24/2009)
03/25/200983ORDER FOR EXPEDITED RESPONSE AND ORDER SETTING HEARING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn Miscellaneous Hearing set for 4/2/2009 at 10:30 AM at Courtroom 3A before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified. (svaught) (Entered: 03/25/2009)
03/26/200984 RESPONSE in Opposition by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn re 2 Proposed Order Deny Defendants' Motion to Exclude Government Experts)(Piaggione, Rocky) (Entered: 03/26/2009)
03/26/200985 NOTICE OF RESETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Telephone Conference set for 3/27/2009 at 10:30 AM Courtroom 3A before Judge Keith P Ellison, filed. Parties may appear by telephone by calling in on the Court's Dial-In Number at 713-250-5238. Parties should be prepared to discuss the Pending Motion and Response to Exclude Government's Expert Witness.(svaught) (Entered: 03/26/2009)
03/26/200986NOTICE OF SETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Telephone Conference set for 3/27/2009 at 10:30 AM Courtroom 3A before Judge Keith P Ellison, filed. Parties may appear by telephone by calling in on the Court's Dial In number at 713-250-5238. Parties should be prepared to discuss the Defendant's Motion to Exclude Government's Proposed Expert Witness and the Government's Response. (svaught) (Entered: 03/26/2009)
03/26/200987NOTICE OF SETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Evidentiary Hearing set for 4/2/2009 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison, filed. (svaught) (Entered: 03/26/2009)
03/27/2009  Minute Entry for proceedings held before Judge Keith P Ellison: MISCELLANEOUS HEARING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn held on 3/27/2009. Parties should file electronically the chain of custody information for the Court's review. Parties should submit their exhibit lists, witness lists and objections to either. Parties should also submit joint proposed jury instructions if possible, but competing ones where they cannot agree. The parties should also submit their proposed jury instructions via email in a Word document to modify as needed. The parties have also agreed to submit a questionaire to the jury panel. The Court will hold another pretrial hearing April 6, 2009 at 10:30 a.m. All exhibit, and witness lists should be exchanged prior to that time. Appearances: James Madison Ardoin, Dean M Blumrosen, Dan Lamar Cogdell, Leslie E Lehnert, William Robert Miller, Rocky Piaggione, US Marshal - H.(Court Reporter: Reed) Deft continued on Bond, filed.(svaught) (Entered: 03/27/2009)
03/27/200988NOTICE OF SETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Pretrial Conference set for 4/6/2009 at 10:30 AM in by telephone before Judge Keith P Ellison, filed. Parties may call in on the Court's Dial-In number at 713-250-5238. (svaught) (Entered: 03/27/2009)
03/27/200989Supplement by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn re 82 Joint MOTION to Exclude Government's Proposed Expert Testimony ; Government's Chain of Custody, filed.(Ardoin, James) (Entered: 03/27/2009)
03/30/200990Proposed Voir Dire by Texas Oil and Gathering, Inc., USA, John Kessel, Edgar Pettijohn as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Piaggione, Rocky) (Entered: 03/30/2009)
03/31/200991WITNESS LIST by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Piaggione, Rocky) (Entered: 03/31/2009)
03/31/200992MEMORANDUM AND ORDER as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn DENYING 82 MOTION to Exclude.(Signed by Judge Keith P Ellison) Parties notified. (svaught) (Entered: 03/31/2009)
03/31/2009  **Terminate Deadlines and Hearings as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn: (svaught) (Entered: 03/31/2009)
04/03/200993APPLICATION by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn motion toMotion to amend typographical error in indictement, filed. (Attachments: # 1 Proposed Order)(Piaggione, Rocky) (Entered: 04/03/2009)
04/04/200994EXHIBIT LIST by USA as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Lehnert, Leslie) (Entered: 04/04/2009)
04/06/200995WITNESS LIST by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Ardoin, James) (Entered: 04/06/2009)
04/06/2009  Minute Entry for proceedings held before Judge Keith P Ellison: PRETRIAL CONFERENCE as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn held on 4/6/2009 Pretrial Conference set for 4/16/2009 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison. Parties have agreed to allow Defendants five extra days to object and designate Exhibits. Parties have additional time to send additional responses and replies to the pending Motion In Limine if they choose. All submissions should be submitted to the Pretrial Conference set for 4/16/2009. Appearances: James Madison Ardoin, Dean M Blumrosen, Dan Lamar Cogdell, Leslie E Lehnert, Rocky Piaggione.(Court Reporter: Reed) Deft continued on Bond, filed.(svaught) (Entered: 04/06/2009)
04/06/200996ORDER GRANTING Application/Motion 93 to Amend the Indictment as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn.(Signed by Judge Keith P Ellison) Parties notified. (svaught) (Entered: 04/06/2009)
04/06/200997TRANSCRIPT as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn re: Miscellaneous Telephone Hearing held on March 27, 2009 before Judge Keith P Ellison.Court Reporter: Ed Reed. Release of Transcript Restriction set for 7/6/2009., filed. (ereed, ) (Entered: 04/06/2009)
04/07/200998Notice of Filing of Official Transcript as to 97 Transcript,. Party notified, filed. (dclark, ) (Entered: 04/07/2009)
04/09/200999NOTICE OF SETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Re-Arraignment set for 4/16/2009 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison, filed. (svaught) (Entered: 04/09/2009)
04/16/2009  Minute Entry for proceedings held before Judge Keith P Ellison: RE-ARRAIGNMENT held on 4/16/2009. Texas Oil and Gathering, Inc. (1) Guilty Count 1s,2s and John Kessel (2) Guilty Count 1s,8s and Edgar Pettijohn (3) Guilty Count 1s,8s. Formal plea agreement entered into and executed on even date herewith. Plea Agreement contains waiver of appeal rights. Order for PSI setting disclosure and Sentencing dates signed. Sentencing set for 9/15/2009 at 10:30 a.m. Appearances: James Madison Ardoin, Dean M Blumrosen, Dan Lamar Cogdell, Leslie E Lehnert, Rocky Piaggione, US Marshal - H.(Court Reporter: Reed) Deft continued on Bond, filed.(svaught) (Entered: 04/16/2009)
04/16/2009102Factual Statement by USA as to Texas Oil and Gathering, Inc.(csonnier, ). (Entered: 04/16/2009)
04/16/2009104PLEA AGREEMENT as to Texas Oil and Gathering, Inc., filed. (csonnier, ) (Entered: 04/16/2009)
04/16/2009107 ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. PSI Completion due by 8/4/2009. Objection to PSI due by 8/18/2009. Final PSI due by 9/1/2009. Sentencing set for 9/15/2009 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified. (csonnier, ) (Entered: 04/16/2009)
08/12/2009109Sealed Order. Sentencing set for 12/10/2009 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison, filed. (Entered: 08/13/2009)
08/12/2009110 ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. PSI Completion due by 10/29/2009. Sentencing set for 12/10/2009 at 10:30 AM in Courtroom 3A before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified. (csonnier, ) (Entered: 08/13/2009)
11/18/2009111Sealed Event, filed. (With attachments) (Entered: 11/18/2009)
11/19/2009112Sealed Order. Sentencing set for 2/25/2010 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (Entered: 11/19/2009)
02/01/2010117Sealed Event, filed. (With attachments) (Entered: 02/01/2010)
02/02/2010118Sealed Order. Objection to PSI due by 4/1/2010. Sentencing set for 4/27/2010 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (Entered: 02/02/2010)
04/01/2010119OBJECTION by USA as to Texas Oil and Gathering, Inc. Probation Sentencing Investigation Report, filed.(Piaggione, Rocky) (Entered: 04/01/2010)
04/01/2010121Objection to Presentence Investigation Report (Sealed) by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Entered: 04/01/2010)
04/01/2010122Objection to Presentence Investigation Report (Sealed) by John Kessel as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Entered: 04/01/2010)
04/19/2010126NOTICE OF RESETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Sentencing set for 5/27/2010 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 04/19/2010)
04/20/2010130Final Presentence Investigation Report (Sealed) as to Texas Oil and Gathering, Inc., filed. (ticlark, ) (Entered: 04/20/2010)
04/20/2010131Confidential Sentencing Recommendation(Sealed) regarding Texas Oil and Gathering, Inc., filed. (ticlark, ) (Entered: 04/20/2010)
04/20/2010132Sealed Addendum to 130 Final Presentence Investigation Report (Sealed) as to Texas Oil and Gathering, Inc., filed. (ticlark, ) (Entered: 04/20/2010)
04/29/2010133NOTICE OF RESETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Sentencing set for 6/8/2010 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 04/29/2010)
05/27/2010134 sentencing memorandum as to Texas Oil and Gathering, Inc., filed.(Piaggione, Rocky) (Entered: 05/27/2010)
06/07/2010135Sentencing Memorandum (Sealed) by Texas Oil and Gathering, Inc. as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn, filed. (Entered: 06/07/2010)
06/08/2010137NOTICE OF SETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Sentencing set for 7/7/2010 at 02:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 06/08/2010)
06/29/2010139NOTICE OF RESETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Sentencing set for 7/27/2010 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 06/29/2010)
07/01/2010140NOTICE OF RESETTING as to Texas Oil and Gathering, Inc., John Kessel, Edgar Pettijohn. Sentencing set for 7/21/2010 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe) (Entered: 07/01/2010)
07/16/2010141Sealed Event, filed. (Entered: 07/16/2010)
07/21/2010  Minute Entry for proceedings held before Judge Keith P Ellison: Sentencing held on 7/21/2010 for Texas Oil and Gathering, Inc. (1), Count(s) 1, 3s-4s, 5-7, 5s-7s, 8-14, 8s, 9s-14s, Disposed pursuant to plea agreement.; Count(s) 1s, Probation 3 Years; $80,000 to run concurrently with Count 2s, 800.00 SA; The Defendant of the organziation shall not commit another federal, state or local crime. Within 30 days from the date of judgment the defendant organization shall designate an official of the organization to act as the organization's representative and to be the primary contact with the probation officer. The Deft organization shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. The Deft organization shall permit a probation officer to visit the organization at any of its operating business sites. The deft organization shall notify the probation officer within 72 hours of any criminal prosecution, major civil litigation, or administrative proceeding agains the organization. The Deft organization shall not dissolve, change its name, or change the ncame under which it does business unless the judgment and all criminal monetary penalties imposed by this Court are either fully satisfied or are equally enforceable against the Deft's successors or assignees.; Count(s) 2-4, Disposed on Govt's Motion.; Count(s) 2s, Probation 3 Years; $80,000 to run concurrently with Count 1s, 800.00 SA; The Defendant of the organziation shall not commit another federal, state or local crime. Within 30 days from the date of judgment the defendant organization shall designate an official of the organization to act as the organization's representative and to be the primary contact with the probation officer. The Deft organization shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer. The Deft organization shall permit a probation officer to visit the organization at any of its operating business sites. The deft organization shall notify the probation officer within 72 hours of any criminal prosecution, major civil litigation, or administrative proceeding agains the organization. The Deft organization shall not dissolve, change its name, or change the ncame under which it does business unless the judgment and all criminal monetary penalties imposed by this Court are either fully satisfied or are equally enforceable against the Deft's successors or assignees.; John Kessel (2), Count(s) 1, 2-4, 2s-4s, 5-7, 5s-7s, 8-14, 9s-14s, Disposed pursuant to plea agreement.; Count(s) 1s, Probation 5 Years; $50,000 fine to run concurrently with Count 8s, 200.00 SA; The Defendant of the organziation shall not commit another federal, state or local crime. Deft shall not commit any further crimes; Deft shall participate in the collection of DNA to the extent authorized by law. Deft shall report all financial information requested by the probation department. Deft shall participate in Community Service at 100 hours per year while on probation.; Count(s) 8s, Probation 5 Years; $50,000 fine to run concurrently with Count 1s, 200.00 SA; The Defendant of the organziation shall not commit another federal, state or local crime. Deft shall not commit any further crimes; Deft shall participate in the collection of DNA to the extent authorized by law. Deft shall report all financial information requested by the probation department. Deft shall participate in Community Service at 100 hours per year while on probation.; Edgar Pettijohn (3), Count(s) 1, 2-4, 2s-4s, 5-7, 5s-7s, 8-14, 9s-14s, Disposed pursuant to plea agreement.; Count(s) 1s, 8s, Probation 5 Years; 200.00 SA; The Defendant of the organziation shall not commit another federal, state or local crime. Deft shall not commit any further crimes; Deft shall participate in the collection of DNA to the extent authorized by law. Deft shall report all financial information requested by the probation department. Deft shall participate in Community Service at 100 hours per year while on probation. Appearances: Leslie E Lehnert, US Marshal - H, US Probation - H, Rocky Piaggione, Dean M Blumrosen, James Madison Ardoin, Dan Lamar Cogdell.(Court Reporter: Barron) Deft continued on Bond, filed.(sloewe) (Entered: 07/21/2010)
07/28/2010146JUDGMENT as to Texas Oil and Gathering, Inc..(Signed by Judge Keith P Ellison) Parties notified. (esmith, ) (Entered: 07/28/2010)
07/28/2010147Statement of Reasons (Sealed) as to Texas Oil and Gathering, Inc., filed. (Entered: 07/28/2010)