TERMED

U.S. District Court
Eastern District of Missouri (LIVE) (St. Louis)
CRIMINAL DOCKET FOR CASE #: 4:01-cr-00107-CAS-1


Case title: USA v. Venetian Harbor, Inc, et al

Date Filed: 03/14/2001
Date Terminated: 01/03/2002

Assigned to: Honorable Charles A. Shaw

Defendant (1)
Venetian Harbor, Inc.
TERMINATED: 01/03/2002
represented byJennifer Marie Dau-Sullivan
JENKINS AND KLING, P.C.
150 North Meramec Ave.
Suite 400
St. Louis, MO 63105
314-721-2525
Fax: 314-721-5525
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Ronald E. Jenkins
JENKINS AND KLING, P.C.
150 North Meramec Ave.
Suite 400
St. Louis, MO 63105
314-721-2525
Fax: 314-721-5525
Email: rjenkins@jenkinskling.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:371.F CONSPIRACY TO VIOLATE THE CLEAN WATER ACT
(1)
Counts 1,2,3,4 and 5 of the original indictment dismissed.
18:371.F CONSPIRACY TO VIOLATE CLEAN WATER ACT
(1s)
The defendant organization is hereby placed on probation for a term of 5 years. This term consists of 5 years on each of counts 1,2,3,4 and 5, all such terms to be served concurrently. The Court orders that the Standard Conditions of Supervision are waived. The defendant ordered to comply with Special Conditions of Supervision imposed. Defendant ordered to pay a fine of ,000.00. Defendant ordered to pay special assessement of .00 on each of counts 1,2,3,4 and 5 for a total speci al assessment amount of ,000.00 which is due immediately. ordered to pay a fine
33:1311A.F POLLUTANT DISCHARGES ILLEGAL
(2)
Counts 1,2,3,4 and 5 of the original indictment dismissed.
33:1311A.F VIOLATION OF THE CLEAN WATER ACT
(2s)
The defendant organization is hereby placed on probation for a term of 5 years. This term consists of 5 years on each of counts 1,2,3,4 and 5, all such terms to be served concurrently. The Court orders that the Standard Conditions of Supervision are waived. The defendant ordered to comply with Special Conditions of Supervision imposed. Defendant ordered to pay a fine of ,000.00. Defendant ordered to pay special assessement of .00 on each of counts 1,2,3,4 and 5 for a total speci al assessment amount of ,000.00 which is due immediately. ordered to pay a fine
33:1311A.F POLLUTANT DISCHARGES ILLEGAL
(3)
Counts 1,2,3,4 and 5 of the original indictment dismissed.
33:1311A.F VIOLATION OF THE CLEAN WATER ACT
(3s)
The defendant organization is hereby placed on probation for a term of 5 years. This term consists of 5 years on each of counts 1,2,3,4 and 5, all such terms to be served concurrently. The Court orders that the Standard Conditions of Supervision are waived. The defendant ordered to comply with Special Conditions of Supervision imposed. Defendant ordered to pay a fine of ,000.00. Defendant ordered to pay special assessement of .00 on each of counts 1,2,3,4 and 5 for a total speci al assessment amount of ,000.00 which is due immediately. ordered to pay a fine
33:1311A.F POLLUTANT DISCHARGES ILLEGAL
(4)
Counts 1,2,3,4 and 5 of the original indictment dismissed.
33:1311A.F VIOLATION OF THE CLEAN WATER ACT
(4s)
The defendant organization is hereby placed on probation for a term of 5 years. This term consists of 5 years on each of counts 1,2,3,4 and 5, all such terms to be served concurrently. The Court orders that the Standard Conditions of Supervision are waived. The defendant ordered to comply with Special Conditions of Supervision imposed. Defendant ordered to pay a fine of ,000.00. Defendant ordered to pay special assessement of .00 on each of counts 1,2,3,4 and 5 for a total speci al assessment amount of ,000.00 which is due immediately. ordered to pay a fine
33:1311A.F POLLUTANT DISCHARGES ILLEGAL
(5)
Counts 1,2,3,4 and 5 of the original indictment dismissed.
33:1311A.F VIOLATION OF THE CLEAN WATER ACT
(5s)
The defendant organization is hereby placed on probation for a term of 5 years. This term consists of 5 years on each of counts 1,2,3,4 and 5, all such terms to be served concurrently. The Court orders that the Standard Conditions of Supervision are waived. The defendant ordered to comply with Special Conditions of Supervision imposed. Defendant ordered to pay a fine of ,000.00. Defendant ordered to pay special assessement of .00 on each of counts 1,2,3,4 and 5 for a total speci al assessment amount of ,000.00 which is due immediately. ordered to pay a fine

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented bySteven E. Holtshouser
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-7695
Email: steven.holtshouser@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrick M. Flachs
HUSCH BLACKWELL, LLP
The Plaza in Clayton
190 Carondelet Plaza
Suite 600
St. Louis, MO 63105
636-530-7857
Fax: 314-429-7575
Email: patrick.flachs@huschblackwell.com
TERMINATED: 10/01/2004

Date Filed #Docket Text
03/14/2001INDICTMENT (referred to Mag Judge Lawrence O. Davis ) by USA ; Counts filed against Venetian Harbor, Inc (1) count(s) 1, 2, 3, 4, 5, Warren Spielman (2) count(s) 1, 2, 3, 4, 5, Jered Lee Bonbrake (3) count(s) 1, 2, 3, 4, 5, Thea Preston (4) count(s) 1, 4, Rush Templeton (5) count(s) 1, 5 (SET) (Entered: 03/14/2001)
03/14/2001  SUMMONS issued as to Venetian Harbor, Inc (SET) (Entered: 03/14/2001)
03/14/2001APPEARANCE for plaintiff USA by Attorney Patrick Flachs (SET) (Entered: 03/14/2001)
03/20/200120 SUMMONS executed on 3/16/01 as to Venetian Harbor, Inc - Served personally upon defendant at: One Venetian Dri. Port Des Sioux, John Lupton, Marine Technician (MRC) (Entered: 03/22/2001)
03/28/200125 MINUTES: before Mag Judge Lawrence O. Davis dft Venetian Harbor, Inc arraigned; NOT GUILTY plea entered; Attorney Jennifer M. Dau present; , arraignment held , ; motion/evidentiary hearing set for 9:30 4/13/01 for Venetian Harbor, Inc before Judge Davis; jury trial set for 9:00 5/7/01 for Venetian Harbor, Inc before Judge Shaw as to defendant Venetian Harbor, ; Defendant Location: N/A court reporter: M. Berg; Tape 1 Index#s: 57-1277 FTR GOLD proceedings started: 9:30 am - ended: 9:55 am (FCE) (Entered: 03/28/2001)
03/28/200130 ORDER PRETRIAL MOTIONS by Mag Judge Lawrence O. Davis ; motion/evidentiary hrg set for 9:30 4/13/01 for Venetian Harbor, Inc, for Warren Spielman, for Jered Lee Bonbrake, for Thea Preston, for Rush Templeton ; jury trial set for 9:00 5/7/01 for Venetian Harbor, Inc, for Warren Spielman, for Jered Lee Bonbrake, for Thea Preston, for Rush Templeton ; motion filing ddl set for 4/12/01 for Venetian Harbor, Inc, for Warren Spielman, for Jered Lee Bonbrake, for Thea Preston, for Rush Templeton Disclose suppresible evidence: 4/4/01. Each party to file Pretrial disclosure: 4/6/01. Each party to respond to Pretrial disclosure: 4/9/01. (FCE) (Entered: 03/28/2001)
03/29/200131 APPEARANCE for plaintiff USA by Attorney Steven E. Holtshouser (MCB) (Entered: 03/29/2001)
04/10/200132 APPEARANCE for defendant Venetian Harbor, Inc, defendant Warren Spielman by Attorney Ronald E. Jenkins and Jennifer M. Dau. (MCB) (Entered: 04/10/2001)
04/10/200133 MOTION to continue the pretrial motion hearing set for Friday, April 13, 2001 be continued to Friday, April 27, 2001 as to defendant Spielman and Venetian Harbor and the parties further inform the court that the trial of this matter has been reset to September 4, 2001. by Venetian Harbor, Inc, Warren Spielman, Jered Lee Bonbrake (MCB) (Entered: 04/10/2001)
04/10/200134 RULED DOCUMENT by Mag Judge Lawrence O. Davis granting motion to continue the pretrial motion hearing set for Friday, April 13, 2001 be continued to Friday, April 27, 2001 as to defendant Spielman and Venetian Harbor [33-1] ; motion/evidentiary hrg set for 9:30 4/27/01 for Venetian Harbor, Inc, for Warren Spielman, for Jered Lee Bonbrake, for Thea Preston, for Rush Templeton ; jury trial set for 9:00 9/4/01 for Venetian Harbor, Inc, for Warren Spielman, for Jered Lee Bonbrake, for Thea Preston, for Rush Templeton (cc: all counsel, USPT, USP, USM) (MCB) (Entered: 04/10/2001)
04/10/200135 ORDER as to defendant Venetian Harbor, et al., by Mag Judge Lawrence O. Davis IT IS HEREBY ORDERED that an evidentiary hearing on the parties' pretrial motions is reset to Friday, April 27, 2001, at 9:30 a.m., before the undersigned United States Magistrate Judge. Defts Warren Speilman, Jered Lee Bonbrake, Thea Preston and Rush Templeton are required to attend this hearing. All parties will be granted an additional seven days to file pretrial motions. ; motion/evidentiary hrg set for 9:30 4/27/01 for Venetian Harbor, Inc, for Warren Spielman, for Jered Lee Bonbrake, for Thea Preston, for Rush Templeton (cc: all counsel, USPT, USP, USM) (MCB) (Entered: 04/10/2001)
04/12/2001  WAIVER OF SPEEDY TRIAL by defendant Venetian Harbor, Inc (GLF) (Entered: 05/01/2001)
04/20/200145RULED DOCUMENT by Mag Judge Lawrence O. Davis granting motion for leave to file additional pre-trial motions [39-1] Leave Granted to final motion cutoff date to be announced. (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 04/23/2001)
04/23/200147RULED DOCUMENT by Mag Judge Lawrence O. Davis Deft Preston's Motion for order [46-1] is ORDERED FILED on FACE. (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 04/23/2001)
04/23/200149RULED DOCUMENT by Mag Judge Lawrence O. Davis Deft Thea Preston's Motion for Disclosure [48-1] is ORDERED FILED. (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 04/23/2001)
04/23/200151RULED DOCUMENT by Mag Judge Lawrence O. Davis Deft Thea Preston's Motion to dismiss indictment [50-1] is ORDERED FILED. (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 04/23/2001)
04/23/200153RULED DOCUMENT by Mag Judge Lawrence O. Davis Deft Thea Preston's motion for severance [52-1] is ORDERED FILED. (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 04/23/2001)
04/24/200155RULED DOCUMENT by Mag Judge Lawrence O. Davis granting motion for leave to file additional Pretrial motions should evidence or statements be disclosed to defendant at a later date [54-1] (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 04/24/2001)
04/26/200156 WAIVER OF FILING PRETRIAL MOTIONS by defendant Venetian Harbor, Inc, defendant Warren Spielman (GLF) (Entered: 04/26/2001)
04/26/200156 MOTION for leave to file additional Pretrial motions, should disclosure/discovery reveal information that defendants wish to challenge by Venetian Harbor, Inc, Warren Spielman (GLF) (Entered: 04/26/2001)
04/26/200157 SUPERSEDING indictment by USA; referred to Mag Judge Lawrence O. Davis counts filed against Venetian Harbor, Inc (1) count(s) 1s, 2s, 3s, 4s, 5s, Warren Spielman (2) count(s) 1s, 2s, 3s, 4s, 5s, Jered Lee Bonbrake (3) count(s) 1s, 2s, 3s, 4s, 5s, Thea Preston (4) count(s) 1s, 4s, Rush Templeton (5) count(s) 1s, 5s (BAK) (Entered: 04/26/2001)
04/26/200158 APPEARANCE for plaintiff USA by Attorney Patrict M. Flachs (BAK) (Entered: 04/26/2001)
04/26/200159 RESPONSE by plaintiff USA to motion for leave to file additional Pretrial motions, should disclosure/discovery reveal information that defendants wish to challenge [56-1], motion to sever as to defendant Thea Preston [52-1], motion to dismiss count(s) (Indictment) as to Thea Preston (4) count(s) 1, 4 [50-1], motion for disclosure of identification of informant as to defendant Thea Preston [48-1], motion for disclosure of full nature and extent of consideration offered to or sought be the government and its agents on behalf of informants as to defendant Thea Preston [46-1], motion to dismiss count(s) (Indictment) as to Rush Templeton (5) count(s) 1, 5 [43-1], motion for disclosure of Identification of Informant [42-1], motion for disclosure of Full nature and extent of consideration offered to or sought by the USA and its agents on behalf of informants [41-1], motion to sever [40-1], motion for disclosure of Identity and location of Confidential Informant [38-1], motion to sever [37-1], motion to suppress fruits of non-consensual monitoring [36-1], motion to suppress fruits of other surveillance [36-2] (MCB) (Entered: 04/26/2001)
04/26/200160ORDER by Mag Judge Lawrence O. Davis ; motion/evidentiary hearing canceled as to defendants Venetian Harbor, Inc. and Warren Spielman on 4/26/01 (cc: CAS, all counsel, USPT, USP, USM) (GLF) (Entered: 04/30/2001)
04/26/200161 LETTER from USA to Ron Jenkins, Counsel for Defendant Warren Spielman re: Disclosure/Discovery from defendant (GLF) (Entered: 04/30/2001)
04/26/200162 LETTER from USA to Ron Jenkins, Counsel for defendants Venetian Harbor and Warren Spielman re: Disclosure/discovery provided to defendants. (GLF) (Entered: 04/30/2001)
04/26/200163 LETTER from USA to Eric W. Butts, Counsel for Defenant Thea Preston re: Disclosure/Discovery from defendant. (GLF) (Entered: 04/30/2001)
04/26/200164 LETTER from USA to Eric W. Butts, counsel for defendant Thea Preston re: Disclosure/Discovery to defendant. (GLF) (Entered: 04/30/2001)
04/26/200165 LETTER from USA to Lee Lawless, Counsel for Defendant Rush Templeton re: Disclosure/Discovery from defendant. (GLF) (Entered: 04/30/2001)
04/26/200166 LETTER from USA to Lee Lawless, counsel for defendant Rush Templeton re: Disclosure/Discovery to defendant (GLF) (Entered: 04/30/2001)
04/26/200167 LETTER from USA to Steven V. Stenger, counsel for Defendant Jared Lee Bonbrake re: Disclosure/Discovery from defendant. (GLF) (Entered: 04/30/2001)
04/26/200168 LETTER from USA to Steven V. Stenger, Counsel for Defendant Jared Lee Bonbrake re: Disclosure/Discovery to defendant. (GLF) (Entered: 04/30/2001)
04/27/200172 MINUTES: Defendants Bonbrake, Preston and Templeton, with counsel, appear before Mag Judge Lawrence O. Davis for hearing on pretrial motions , pretrial motions ddl satisfied on 4/19/01; motion/evidentiary hearing held 4/27/01 ; Testimony heard; Court took matter under submission; Defendant Location: Bond court reporter: M. Berg (FTR Gold); proceedings started: 9:45 am - ended: 10:30 am (GLF) (Entered: 04/30/2001)
04/27/200173 RULED DOCUMENT by Mag Judge Lawrence O. Davis granting motion for leave to file additional Pretrial motions, should disclosure/discovery reveal information that defendants wish to challenge [56-1](as to defendants Venetian Harbor and Warren Spielman) (cc: all counsel, USPT, USP, USM) (GLF) (Entered: 04/30/2001)
05/01/200174CONTINUANCE per 18:3161 by Honorable Charles A. Shaw granting motion to continue trial setting [0-1] ; jury trial set for 9:00 9/4/01 for Venetian Harbor, Inc, for Warren Spielman, for Jared Lee Bonbrake, for Thea Preston, for Rush Templeton (cc: all counsel,USPT,USP,USM) (GLF) (Entered: 05/01/2001)
05/01/200175 LETTER from USA to Ron Jenkins, Counsel for Defendants Venetian Harbor and Warren Spielman re: Multiple Representation and Superceding Indictment (GLF) (Entered: 05/02/2001)
05/03/200176 MINUTES: before Mag Judge Lawrence O. Davis dft Venetian Harbor, Inc re arraigned; not guilty plea entered; Attorney present; as to defendant Venetian Harbor ; Defendant Location: N/A court reporter: mberg; Tape #: FTR Gold proceedings started: 2:35pm - ended: 2:40pm (CQL) (Entered: 05/04/2001)
05/29/200181 EXHIBITS FILED by plaintiff USA exhibits received: 1 & 2 ; admitted and retained by Court. (MCB) (Entered: 05/29/2001)
05/29/200182 REPORT AND RECOMMENDATION concerning motion to sever [37-1] be denied, motion to sever [40-1] be denied, motion to sever as to defendant Thea Preston [52-1] be denied, motion to suppress fruits of non-consensual monitoring [36-1], motion to suppress fruits of other surveillance [36-2] that this motion be denied, as the monitoring was done with the consent of one party to the conversation and there is no evidence of other surveillance of a protected actitity, motion to dismiss count(s) (Indictment) as to Rush Templeton (5) count(s) 1, 5 [43-1] be denied for the reason given in discussion above, motion to dismiss count(s) (Indictment) as to Thea Preston (4) count(s) 1, 4 [50-1] be denied for the reason given in discussion above by Mag Judge Lawrence O. Davis Objection to RR ddl 6/11/01 (cc: all counsel, USPT, USP, USM) (MCB) (Entered: 05/29/2001)
05/29/200182 ORDER as to defendant Venetian Harbor, et al, by Mag Judge Lawrence O. Davis granting motion for disclosure of Identity and location of Confidential Informant [38-1] but moot as the informant has been identified by the government. granting motion for disclosure of Full nature and extent of consideration offered to or sought by the USA and its agents on behalf of informants [41-1], but moot as the testimony given in the hearing on pretrial motions reveald this information. granting motion for disclosure of Identification of Informant [42-1], but moot as the informant has been identified by the government. granting motion for disclosure of full nature and extent of consideration offered to or sought be the government and its agents on behalf of informants as to defendant Thea Preston [46-1], but moot as the testimony given in the hearing on pretrial motions revealed this information. granting motion for disclosure of identification of informant as to defendant Thea Preston [48-1], but moot as the informant has been identified by the government. (cc: all counsel, USPT, USP, USM) (MCB) (Entered: 05/29/2001)
06/07/200185 NOTICE of Bankruptcy by defendant Venetian Harbor, Inc, defendant Warren Spielman (JWJ) (Entered: 06/12/2001)
06/22/200186 LETTER from USA to Atty Ronald E. Jenkins re: discovery disclosures. (FCE) (Entered: 06/25/2001)
07/10/200187 LETTER from Ron Jenkins, Counsel for Venetian Harbor, Inc, Warren Spielman to Patrick Flachs, AUSA re: Discovery/Disclosure (GLF) (Entered: 07/10/2001)
07/31/200189 RULED DOCUMENT by Honorable Charles A. Shaw granting motion for order as to defendant Jared Lee Bonbrake [88-1] (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 08/01/2001)
08/21/200190ORDER as to defendant Venetian Harbor, Inc., et al. by Honorable Charles A. Shaw ; pretrial conference set for 10:30 8/31/01 for Venetian Harbor, Inc, for Warren Spielman, for Jared Lee Bonbrake, for Thea Preston, for Rush Templeton (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 08/21/2001)
08/29/200193 MOTION for order by USA (FCE) (Entered: 08/30/2001)
08/30/2001  NOTICE TO DEFENSE PER FED RULES OF CRIM PRO 701,702 and 703 by plaintiff USA (FCE) (Entered: 08/31/2001)
08/30/2001  PRETRIAL COMPLIANCE (TRIAL BRIEF) by plaintiff USA (FCE) (Entered: 08/31/2001)
08/31/200194 MOTION in limine as to defendant Warren Spielman/Venetian Harbo by Venetian Harbor, Inc, Warren Spielman w/ attached exhibits 1 & 2, said exhibits filed under seal. (FCE) (Entered: 08/31/2001)
08/31/200195 EXHIBITS FILED by defendant Venetian Harbor, Inc, defendant Warren Spielman exhibits received: A & B to motion in limine [94-1]. (FCE) (Entered: 08/31/2001)
08/31/200196ORDER as to all defendants by Honorable Charles A. Shaw IT IS HEREBY ORDERED that the objections of defts Bonbrake and Templeton are overruled; adopting report and recommendation motion REPORT AND RECOMMENDATION concerning motion to sever [37-1] be denied, motion to sever [40-1] be denied, motion to sever as to defendant Thea Preston [52-1] be denied, motion to suppress fruits of non-consensual monitoring [36-1], motion to suppress fruits of other surveillance [36-2] that this motion be denied, as the monitoring was done with the consent of one party to the conversation and there is no evidence of other surveillance of a protected actitity, motion to dismiss count(s) (Indictment) as to Rush (5) count(s) 1, 5 [43-1] be denied for the reason given in discussion above, motion to dismiss count(s) (Indictment) as to Thea Preston (4) count(s) 1, 4 [50-1] be denied for the reason given in discussion above [82-1], denying motion to suppress fruits of non-consensual monitoring [36-1], denying motion to suppress fruits of other surveillance [36-2], denying motion to sever [37-1], denying motion to sever [40-1], denying motion to dismiss count(s) (Indictment) as to Rush Templeton (5) count(s) 1, 5 [43-1], denying motion to dismiss count(s) (Indictment) as to Thea Preston (4) count(s) 1, 4 [50-1], denying motion to sever to defendant Thea Preston [52-1] (cc: all counsel, USPT, USP, USM) (FCE) Modified on 08/31/2001 (Entered: 08/31/2001)
08/31/200199 OBJECTIONS by defendant Warren Spielman, defendant Venetian Harbor, Inc regarding Govt's Notice of Expert Testimony [0-1] (FCE) (Entered: 08/31/2001)
08/31/2001103 MINUTES: before Honorable Charles A. Shaw finding the motion in limine as to defendant Warren Spielman/Venetian Harbo [94-1] moot on the record; Order issued this date on pending motions in limine; arguments of counsel heard; Defendant Location: Bond court reporter: Sue Moran; proceedings started: 10:45 am - 12:05 pm (FCE) (Entered: 08/31/2001)
09/05/2001105RULED DOCUMENT by Mag Judge Mary Ann L. Medler granting motion for order issuing subpoenas as to defendant Jered Lee Bonbrake [104-1] (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 09/06/2001)
09/06/2001108 ORDER as to defendant Thea Preston by Honorable Charles A. Shaw ; sentencing hearing set for 9:30 11/29/01 for Thea Preston (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 09/07/2001)
09/07/2001110 PRETRIAL COMPLIANCE by plaintiff USA w/ exhibit and witness lists, supplemental trial brief. (FCE) (Entered: 09/10/2001)
09/07/2001111 MOTION in limine to exclude evidence of Rush Templeton as to defendant: aLL by USA (FCE) (Entered: 09/10/2001)
09/10/2001118 PRETRIAL COMPLIANCE by plaintiff USA proposed jury instruction (JWJ) (Entered: 09/21/2001)
09/10/2001   RULED DOCUMENT by Honorable Charles A. Shaw denying motion to continue trial setting as to defendant Jerad Bonbrake [0-1] (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 09/21/2001)
09/10/2001117 MINUTES: Day 1 Jury Trial before Honorable Charles A. Shaw voir dire begins , jury impaneled ;plntf's evidence commenced but not concluded Defendant Location: bond court reporter: Sue Moran; proceedings started: 9:15 - ended: 5:00(JWJ) Modified on 10/01/2001 (Entered: 10/01/2001)
09/11/2001114  RULED DOCUMENT by Honorable Charles A. Shaw denying motion for order for the court to examine witnesses as to need for appointment of counsel as to defendant Rush Tempelton [113-1] (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 09/17/2001)
09/13/2001119 MINUTES: Day 2 of Jury Trial before Honorable Charles A. Shaw ; plntf's evidence resumed but not concluded the deft's counsel Ron Jenkins motions the court for a mistrial the court denies that motion proceedings continued until 9/14/01 @ 10:00 Defendant Location: bond court reporter: sue moran; proceedings started: 11:10 ended: 5:00 (JWJ) Modified on 10/01/2001 (Entered: 09/21/2001)
09/14/2001116 RULED DOCUMENT by Honorable Charles A. Shaw granting motion for order as to defendant Rush Templeton [116-1] (cc: all counsel, USPT, USP, USM) (FILED UNDERSEAL) (JWJ) (Entered: 09/17/2001)
09/14/2001  MINUTES: of day 3 of jury trial before Honorable Charles A. Shaw ; plntf's evidence resumed but not concluded, proceeding to continue on 9/17/01 @ 9:00 am Defendant Location: bond court reporter: Sue Moran; proceedings started: 10:10 - ended: 2:00 (JWJ) (Entered: 10/01/2001)
09/17/2001  MINUTES: day 4 Jury Trial before Honorable Charles A. Shaw ; Defendant Location: bond court reporter: sue moran; plntf's evidence resumed and concluded deft's evidence commenced but not concluded, procceding until 9/18/01 @10:00 proceedings started: 9:30 - ended: 5:15 (JWJ) Modified on 10/01/2001 (Entered: 10/01/2001)
09/17/2001   RULED DOCUMENT by Honorable Charles A. Shaw denying motion for judgment of acquittal as to defendant Rush Tempelton [121-1] (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 10/01/2001)
09/17/2001  RESPONSE by plaintiff USA regarding [0-1] deft's Templeton' motion for acquittal (JWJ) (Entered: 10/01/2001)
09/18/2001  MINUTES: day 5 of jury trial before Honorable Charles A. Shaw ;deft's evidence resumed and concluded, judgment of acquittal at the conclusion of plntf's evidence file by rush templeton is denied. Oral motion for a mistrial by deft Spielman is made and denied, proceedings continued until 9/19/01 @9:00 Defendant Location: bond court reporter: sue moran; proceedings started: 10:05 - ended: 7:00 (JWJ) (Entered: 10/01/2001)
09/18/2001   RULED DOCUMENT by Honorable Charles A. Shaw denying motion for judgment of acquittal as to defendant Rush Templeton [0-2] (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 10/01/2001)
09/18/2001  RESPONSE by plaintiff USA to motion to dismiss count(s) (Indictment) as to Rush Templeton (5) count(s) 1s, 5s [0-1] (JWJ) (Entered: 10/01/2001)
09/18/2001   RULED DOCUMENT by Honorable Charles A. Shaw denying motion for judgment of acquittal at the conclusion of all evidence as to defendant Rush Tempelton [0-1] (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 10/01/2001)
09/19/2001  MINUTES: day 6 of jury trial before Honorable Charles A. Shaw ; closing arguments made by both parties, jury charged to consider it verdic, jury unable to agree upon a verdict and is excused to resume deliberation on 9/20/01 @ 9:00 Defendant Location: bond court reporter: sue moran; proceedings started: 9:15 - ended: 5:00 (JWJ) (Entered: 10/01/2001)
09/19/2001  JURY NOTES filed 2 filed (JWJ) (Entered: 10/01/2001)
09/20/2001120ORDER as to defendant All by Honorable Charles A. Shaw pretrial conference termed on 9/20/01 jury trial sched on 9/20/01 ; sentencing hearing set for 9:00 12/7/01 for Venetian Harbor, Inc, for Warren Spielman , ; sentencing hearing set for 9:30 12/7/01 for Jared Lee Bonbrake , ; sentencing hearing set for 10:00 12/7/01 for Rush (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 09/24/2001)
09/20/2001  MINUTES: of day 7 of jury trial before Honorable Charles A. Shaw finding Venetian Harbor, Inc (1) count(s) 1s, 2s, 3s, 4s, 5s, Spielman (2) count(s) 1s, 2s, 3s, 4s, 5s, Jared Lee (3) count(s) 1s, 2s, 3s, 4s, 5s, Rush Templeton (5) 1s, 5s guilty ; objection to PSR set for 11/8/01 for Venetian Harbor, Inc, for Warren Spielman, for Jared Lee Bonbrake, for Rush Templeton ; Defendant Location: bond court reporter: sue moran; proceedings started: 9:00 - ended: 9:45(JWJ) Modified on 10/01/2001 (Entered: 10/01/2001)
09/20/2001121 JURY Instructions/List by defendant Venetian Harbor, Inc, defendant Warren Spielman, defendant Jared Lee Bonbrake, defendant Rush Templeton, plaintiff USA (JWJ) (Entered: 10/01/2001)
09/20/2001122 JURY Instructions/List by defendant Venetian Harbor, Inc, defendant Warren Spielman, defendant Jared Lee Bonbrake, defendant Rush Templeton, plaintiff USA (REFUSED) (JWJ) (Entered: 10/01/2001)
09/20/2001123 VERDICT as to Venetian Harbor, Inc Guilty on all counts (JWJ) (Entered: 10/01/2001)
09/20/2001128 EXHIBIT RECEIPT by plaintiff USA (FCE) (Entered: 10/02/2001)
10/22/2001129 TRANSCRIPT filed from Trial Excerpt of 9/18/2001; as to deft: Rush Templeton before Judge: Shaw court reporter: Susan R. Moran (FCE) (Entered: 10/23/2001)
10/23/2001130 ACCEPTANCE TO PSR by USA ; objection to PSR deadline met on 10/23/01 as to deft Thea Preston (FCE) (Entered: 10/24/2001)
10/26/2001131 PUBLIC Voucher for purchases and services other than personal To: Dapper Dan's In the amount of:$ 59.00 Payment type: check check number 262407 (FCE) (Entered: 10/31/2001)
10/26/2001  ORDER FOR JURY MEAL by Honorable Charles A. Shaw To: Dapper Dan's in the amount of $ 59.00 date paid: 10-26-01 check #: 262407 (FCE) Modified on 03/12/2002 (Entered: 11/05/2001)
11/07/2001134 ACCEPTANCE TO PSR by USA ; objection to PSR deadline met on 11/7/01 as to deft Jared Lee Bonbrake (FCE) (Entered: 11/08/2001)
11/07/2001135 ACCEPTANCE TO PSR by USA ; objection to PSR deadline met on 11/7/01 as to deft Warren Spielman (FCE) Modified on 11/08/2001 (Entered: 11/08/2001)
11/07/2001136 ACCEPTANCE TO PSR by USA ; objection to PSR deadline met on 11/7/01 as to deft Rush Templeton (FCE) (Entered: 11/08/2001)
11/07/2001137 ACCEPTANCE TO PSR by USA ; objection to PSR deadline met on 11/7/01 as to deft Venetian Harbor, Inc. (FCE) (Entered: 11/08/2001)
11/13/2001139 ORDER as to defendant Thea Preston by Honorable Charles A. Shaw granting motion for order as to defendant Thea Preston [138-1] (cc: ) FILED UNDER SEAL (MRC) (Entered: 11/15/2001)
11/14/2001140 MOTION to extend time and additional 7 days up to and including 11/20/01 in which to file it's objeciton to PSR as to defendant Ventian Habor by Venetian Harbor, Inc (JWJ) (Entered: 11/15/2001)
11/14/2001142 RULED DOCUMENT by Honorable Charles A. Shaw granting motion to extend time and additional 7 days up to and including 11/20/01 in which to file it's objeciton to PSR as to defendant Ventian Habor [140-1] (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 11/15/2001)
11/14/2001143 RULED DOCUMENT by Honorable Charles A. Shaw granting motion to extend time an additional 7 days up to and including 11/20/01 in which to file its objections to PSR as to defendant Warren Spielman [141-1] (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 11/15/2001)
11/27/2001147 MOTION to extend time up to and including 11/30/01 in which to file objection to the PSR as to defendant Venrtian Habor by Venetian Harbor, Inc (JWJ) (Entered: 11/27/2001)
11/27/2001148 RULED DOCUMENT by Honorable Charles A. Shaw granting motion to extend time up to and including 11/30/01 in which to file objection to the PSR as to defendant Venrtian Habor [147-1] (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 11/27/2001)
11/27/2001150 RULED DOCUMENT by Honorable Charles A. Shaw granting motion to extend time up to and including 11/30/01 in which to file his objection to the PSR as to defendant Warren Speilman [149-1] (cc: all counsel) (JWJ) (Entered: 11/27/2001)
11/27/2001151 RESPONSE by plaintiff USA regarding [144-1] (JWJ) (Entered: 11/28/2001)
11/27/2001152 RESPONSE by plaintiff USA regarding [145-1] (JWJ) (Entered: 11/28/2001)
11/28/2001153 MOTION for departure from standard sentencing as to defendant: Thea Preston by USA (JWJ) (Entered: 11/28/2001)
11/29/2001154 MINUTES OF SENTENCING: before Honorable Charles A. Shaw granting motion for departure from standard sentencing as to defendant: Thea Preston [153-1]; PSR filed under seal and placed in vault; Sentence imposed - See Judgment; as to defendant Thea Preston ; Defendant Location: Bond court reporter: Sue Moran; proceedings started: 9:40 am - ended: 9:45 am (FCE) (Entered: 11/29/2001)
11/30/2001  REQUEST by defendant Venetian Harbor, Inc, defendant Warren Spielman for continuation of sentencing dates (NOTE: this request has been granted per 12/6/01 order). (FCE) (Entered: 12/07/2001)
12/05/2001158 TRANSCRIPT - September 17, 2001 Trial testimony of Andrew McFarlane before Judge: Charles A. Shaw court reporter: Susan Moran (DOCUMENT LOCATED IN AN EXPANSION FOLDER). (MRC) (Entered: 12/05/2001)
12/06/2001160RULED DOCUMENT by Honorable Charles A. Shaw - GRANTED TO 1/3/02 AT 11:00 am (CAS). granting defendant's motion to continue sentencing currently set for Friday, December 7, 2001 as to defendant Jered Lee Bonbrake [159-1] ; sentencing hearing set for 11:00 1/3/02 for Jared Lee Bonbrake (cc: all counsel, USPT, USP, USM) (MRC) (Entered: 12/06/2001)
12/06/2001161ORDER by Honorable Charles A. Shaw ; sentencing hearing set for 11:00 1/3/02 for Venetian Harbor, Inc, for Warren Spielman, for Jared Lee Bonbrake, for Rush Templeton (cc: all counsel, USPT, USP, USM) (MRC) (Entered: 12/06/2001)
12/07/2001163 OBJECTIONS TO PSR by Venetian Harbor, Inc ; objection to PSR deadline met on 12/7/01 (FCE) (Entered: 12/10/2001)
12/18/2001165 RESPONSE by plaintiff USA regarding deft's objections [163-1] to Deft Venetian Harbor, Inc.'s PSR. (FCE) (Entered: 12/19/2001)
12/18/2001166 RESPONSE by plaintiff USA to Deft Spielman's objections [162-1] to PSR. (FCE) (Entered: 12/19/2001)
01/02/2002169 SENTENCING MEMORANDUM by defendant Venetian Harbor, Inc, defendant Warren Spielman, adopting deft Rush Templeton's Sentencing Memorandum [168-1], [145-1] (FCE) (Entered: 01/02/2002)
01/02/2002170 RESPONSE To Defendant Templeton's Sentencing Memorandum by plaintiff USA regarding [168-1] (MRC) (Entered: 01/04/2002)
01/02/2002171 RESPONSE by plaintiff USA to motion for departure from standard sentencing as to defendant Jered Lee Bonbrake [167-1] (MRC) (Entered: 01/04/2002)
01/03/2002173 MINUTES: before Honorable Charles A. Shaw - Defendant/ parties present for imposition of sentencing. Joint objections by defendants to PSR heard and argued. Objections granted in part and denied in part. Defendant Bonbrake's motion for downward departure hear. DEFENDANT'S SENTENCING CONTINUED to MARCH 5, 2002 AT 9:30 AM to allow the parties to file supplemental information regarding defendant's motion. ; sentencing hearing re-set for 9:30 3/5/02 for Jared Lee Bonbrake as to defendant Jared Lee Bonbrake ; Defendant Location: bond court reporter: Susan Moran; proceedings started: 2:20 pm - ended: 2:40 pm (MRC) (Entered: 01/09/2002)
01/03/2002174 MINUTES: before Honorable Charles A. Shaw Defendant/ parties present for imposition of sentence as to defendant Venetian Harbor, Inc.; Joint objections to PSR by defendants heard and argued. Objections granted in part and denied in part by the Court. Defendant Venetian Harbor withdraws any other individually filed objections to PSR. Presentence Report adopted and accepted by Court. PSR filed under seal. Sentence imposed (see Judgment). ; Defendant Location: court reporter: Susan Moran; proceedings started: 11:25 am to 12:45 pm and 2:00 pm to 2:10 pm (MRC) (Entered: 01/10/2002)
01/03/2002175 PRESENTENCE REPORT w/statement of reasons page attached FILED UNDER SEAL on Venetian Harbor, Inc (MRC) (Entered: 01/10/2002)
01/03/2002176JUDGMENT by Honorable Charles A. Shaw as to Venetian Harbor, Inc sentencing Venetian Harbor, Inc (1) count(s) 1s, 2s , 3s , 4s , 5s . The defendant organization is hereby placed on probation for a term of 5 years. This term consists of 5 years on each of counts 1,2,3,4 and 5, all such terms to be served concurrently. The Court orders that the Standard Conditions of Supervision are waived. The defendant ordered to comply with Special Conditions of Supervision imposed. Defendant ordered to pay a fine of $90,000.00. Defendant ordered to pay special assessement of $400.00 on each of counts 1,2,3,4 and 5 for a total special assessment amount of $2,000.00 which is due immediately. ordered to pay a fine , dismissing counts as to Venetian Harbor, Inc (1) count(s) 1, 2 , 3 , 4 , 5 . Counts 1,2,3,4 and 5 of the original indictment dismissed. , terminating party Venetian Harbor, Inc (cc: all counsel, USPT, USP, USM) (MRC) (Entered: 01/10/2002)
01/03/2002177 MINUTES: before Honorable Charles A. Shaw. Defendant /parties present for imposition of sentence as to defendant Warren Spielman ; Presentence report adopted/accepted by Court. PSR filed under seal. Objections to presentence report heard and granted in part and denied in part. Defendant's motion for downward departure heard and argued. Court grants defendant's motion. Sentence imposed (See Judgment). Defendant granted a voluntary surrender to the institution as notified by the US Marshal Service. Defendant Location: bond court reporter: Susan Moran; proceedings started: 2:10 pm - ended: 2:20 pm (MRC) (Entered: 01/10/2002)
01/03/2002180 MINUTES: before Honorable Charles A. Shaw - Defendant/ parties present for imposition of sentence as to defendant Rush Templeton. ; Joint objections to defendants to PSR heard and argued. Objections heard and argued. Objections granted in part and denied in part by the Court. Defendant Templeton's further objections to PSR heard, argued and denied by Court. Presentence Report adopted/accepted by Court. PSR filed under seal. Sentence imposed (See Judgment). Defendant granted a voluntary surrender to the institution as notified by USMS. Defendant Location: bond court reporter: Susan Moran; proceedings started: 2:40 pm - ended: 3:00pm (MRC) (Entered: 01/11/2002)
01/04/2002172ORDER as to defendant Jered Lee Bonbrake by Honorable Charles A. Shaw - IT IS HEREBY ORDERED that defendant Jered Bonbrake's motion for a downward departure shall be filed by Feb. 8, 2002. The government's response shall be filed by Feb. 19, 2002, and defendant's reply shall be filed by Feb. 21, 2002. The parties shall provide courtesy copies to the Probation Office. IT IS FURTHER ORDERED that the Probation Office shall file their Presentence Investigation Report by Feb. 22, 2002. IT IS FURTHER ORDERED that the sentencing proceeding of defendant Bonbrake is rescheduled for Tuesday, March 5, 2002 at 9:30 am. ; sentencing hearing set for 9:30 3/5/02 for Jared Lee Bonbrake (cc: all counsel, USPT, USP, USM) (MRC) (Entered: 01/04/2002)
01/14/2002184 APPEAL Notice to USCA by defendant Venetian Harbor, Inc regarding [176-4] fees Not Paid forwarded to Appeals Unit on 1/16/02 (MRC) (Entered: 01/16/2002)
01/14/2002186 MOTION to appeal in forma pauperis as to defendants Warren Spielman and Venetian Harbor, Inc. by Venetian Harbor, Inc, Warren Spielman (MRC) (Entered: 01/16/2002)
01/14/2002187 CJA Form 23 (Financial Affidavit) as to Venetian Harbor, Inc, and Warren Spielman (MRC) (Entered: 01/16/2002)
01/16/2002188 MARSHAL'S RETURN of judgment executed on 1/3/02 as to Venetian Harbor, Inc "VENETIAN HARBOR, INC. IS RELEASED ON 1/3/02 TO 5 YEARS PROBATION AND A FINE OF $90,000.00" (MRC) (Entered: 01/16/2002)
01/22/2002190RULED DOCUMENT by Honorable Charles A. Shaw granting motion to appeal in forma pauperis as to defendant Warren Spielman and denying motion to appeal in forma pauperis as to defendant Venetian Harbor, Inc. [186-1] Motion for appointment of counsel to be taken up by the 8th Circuit. (cc: all USPT, USP, USM) (FCE) (Entered: 01/22/2002)
01/23/2002  DELIVERED TO USCA - (Rush Templeton) 1 criminal appeal cover sheet, 2 certified copies each of NOA, Judgment, and clerk's docket entries. cc: NOA to USPT, USP, USM, Judge, Court Reporter cc: NOA and clerk's docket entries to parties (SEALED) (Entered: 01/23/2002)
01/23/2002  DELIVERED TO USCA - ( Venetian Harbor) 1 criminal appeal cover sheet, 2 certified copies each of NOA, Judgment, and clerk's docket entries. cc: NOA to USPT, USP, USM, Judge, Court Reporter cc: NOA and clerk's docket entries to parties (SEALED) (Entered: 01/23/2002)
01/23/2002  DELIVERED TO USCA - (Warren Spielman) 1 criminal appeal cover sheet, 2 certified copies each of NOA, Judgment, and clerk's docket entries. cc: NOA to USPT, USP, USM, Judge, Court Reporter cc: NOA and clerk's docket entries to parties(SET) Modified on 01/24/2002 (Entered: 01/24/2002)
01/30/2002191 TRANSCRIPT filed from sentencing of 1/3/02 ; as to deft: Ventian Harbor, Tempelton, Bonbrake before Judge: Shaw court reporter: Sue Moran (JWJ) (Entered: 01/30/2002)
02/01/2002192 Notification and Briefing Schedule regarding [183-1] ( APPEAL number 02-1286 ) received from USCA Transcript due: 2/21/02, Clerk's record due: 2/21/02, & PSI Report (3 copies) 2/22/02, Appellant Brief (& optional Appendix) 3/8/02, Appellee Brief 3/29/02, Reply Brief (optional) 4/5/02. (FCE) (Entered: 02/04/2002)
02/01/2002193 Notification and Briefing Schedule regarding [184-1] ( APPEAL number 02-1285 ) received from USCA Transcript due: 2/21/02, Clerk's record due: 2/21/02, w/ PSI Report (3 copies) 2/22/02, Appellant Brief w/ addendum (& optional Appendix) 3/8/02, Appellee Brief 3/29/02, Reply Brief (optional) 4/5/02. (FCE) (Entered: 02/04/2002)
02/01/2002194 Notification and Briefing Schedule regarding [185-1] ( APPEAL number 02-1286 ) received from USCA Transcript due: 2/21/02, Clerk's record due: 2/21/02, Brief Appellant with addendum (& optional appendix) 3/8/02, Brief Appellee 3/29/02, Reply Brief (optional) 4/5/02. (FCE) (Entered: 02/04/2002)
02/07/2002195 APPEAL Notice to USCA by plaintiff USA regarding [179-5], regarding [182-4] fees USA Appeal forwarded to Appeals Unit on 2/8/02 (FCE) (Entered: 02/08/2002)
02/11/2002  DELIVERED TO USCA - (appeal by gov't - deft Warren Speilman) 1 criminal appeal cover sheet, 2 certified copies each of NOA, Judgment, and clerk's docket entries. cc: NOA to USPT, USP, USM, Judge, Court Reporter cc: NOA and clerk's docket entries to parties (SET) Modified on 02/11/2002 (Entered: 02/11/2002)
02/11/2002  DELIVERED TO USCA - (filed by gov't as to deft Rush Templeton)1 criminal appeal cover sheet, 2 certified copies each of NOA, Judgment, and clerk's docket entries. cc: NOA to USPT, USP, USM, Judge, Court Reporter cc: NOA and clerk's docket entries to parties (SET) (Entered: 02/11/2002)
02/14/2002198 RECEIPT # S2002-003962 in the amount of $ 105.00 for Notice of Appeal/Dkt Fee as to Venetian Harbor, Inc (FCE) (Entered: 02/15/2002)
02/15/2002  CLERK'S RECORD ON APPEAL SENT TO USCA copies of index sent to parties USCA number: 02-1286 as defendant: Rush Templeton (SET) (Entered: 02/15/2002)
02/15/2002  CLERK'S RECORD ON APPEAL SENT TO USCA copies of index sent to parties USCA number: 02-1286 as defendant: Venetian Harbor, Inc. (SET) Modified on 02/15/2002 (Entered: 02/15/2002)
02/15/2002  CLERK'S RECORD ON APPEAL SENT TO USCA copies of index sent to parties USCA number: 02-1286 as defendant: Warren Speilman (SET) (Entered: 02/15/2002)
02/19/2002199 RESPONSE by plaintiff USA to motion for departure from standard sentencing as to defendant Jered Lee Bonbrake [197-1] (FCE) (Entered: 02/20/2002)
02/21/2002200 TRANSCRIPT filed from Jury trial vols. I-VI of 9/10-9/19; before Judge: Shaw court reporter: Sue Moran (JWJ) (Entered: 02/21/2002)
02/21/2002201 TRANSCRIPT filed from Sentencing of 1/3/02; as to deft: Rush Templeton before Judge: Shaw court reporter: Sue Moran (JWJ) (Entered: 02/21/2002)
02/27/2002204APPEAL Order from USCA [183-1] USCA number: 02-1510 as to defendant: Rush Templeton IT IS ORDERED that the Federal Public Defender for the Eastern District of MO is hereby apopinted to represent (or to continue to represent) appellee, Rush Templeton in all matters pertaining to this action before this Court. (cc: all counsel) (FCE) (Entered: 02/28/2002)
02/28/2002205 RESPONSE by plaintiff USA to motion for order for release pending appeal as to defendant Warren Speilman [202-1], motion to extend surrender date as to defendant Warren Spielman [202-2] (FCE) (Entered: 03/01/2002)
03/01/2002206RULED DOCUMENT by Honorable Charles A. Shaw granting motion for order for release pending appeal as to defendant Warren Speilman [202-1], granting motion to extend surrender date as to defendant Warren Spielman [202-2] DEFT IS RELEASED PENDING THE RESOLUTION OF THE APPEAL HEREIN ON HIS SAME BOND CONDITIONS WITHOUT OBJECTION FROM THE US ATTY. (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 03/01/2002)
03/01/2002208 SUPPLEMENTAL CITATION TO AUTHORITY AND NOTICE OF ADDITIONAL EVIDENCE FOR DEFT BONBRAKE'S SENTENCING ON 3/5/02 by USA (FCE) (Entered: 03/01/2002)
03/04/2002209 SECOND NOTICE Of Additional Evidence For Defendant Bonbrake's Sentencing On March 5, 2002 by plaintiff USA (MRC) (Entered: 03/05/2002)
03/05/2002  MINUTES: of Sentecning before Honorable Charles A. Shaw as to defendant Jerad Bonbrake ; This matter is continued until a later time Defendant Location:bond court reporter: sue moran; proceedings started: 9:40 - ended: 10:00 (JWJ) (Entered: 03/06/2002)
03/06/2002211 RULED DOCUMENT by Honorable Charles A. Shaw granting motion for order of release pending appeal and/or for extension of surrender date as to defendant Rush Templeton [210-1] (cc: all counsel, USPT, USP, USM) (JWJ) (Entered: 03/06/2002)
03/06/2002212 RESPONSE by plaintiff USA regarding [210-1] (JWJ) (Entered: 03/07/2002)
04/12/2002213 TRANSCRIPT filed from Voir Dire of 9/10/2001; as to deft: All before Judge: Shaw court reporter: Sue Moran (FCE) (Entered: 04/12/2002)
04/15/2002214 MOTION for order setting a date certain for sentencing as to defendant: Jered Lee Bonbrake by USA (FCE) (Entered: 04/25/2002)
04/24/2002216 REPLY by USA to response to motion for order setting a date certain for sentencing as to defendant: Jered Lee Bonbrake [214-1] (FCE) (Entered: 04/25/2002)
04/25/2002217ORDER as to defendant Jered Lee Bonbrake by Honorable Charles A. Shaw IT IS HEREBY ORDERED that this matter is set for a status conference at which counsel for the parties shall appear and report to this Court on 6/4/02 @ 9:15 am in Courtroom 12-N. re: [214-1] ; status hearing set for 9:15 6/4/02 for Jared Lee Bonbrake (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 04/25/2002)
05/16/2002218 RECEIPT # S2002-006823 in the amount of $ 800.00 for Special Assessment as to Venetian Harbor, Inc (FCE) (Entered: 05/17/2002)
06/06/2002219ORDER as to defendant Jered Lee Bonbrake by Honorable Charles A. Shaw status hearing held on 6/6/02 ; hearing set for 10:00 6/25/02 for Jared Lee Bonbrake (cc: all counsel, USPT, USP, USM) (FCE) (Entered: 06/07/2002)
06/24/2002220 OBJECTIONS by plaintiff USA to Defendant's Evidence. (FCE) (Entered: 06/25/2002)
06/24/2002221 OBJECTIONS (titled "Government's Motion in Opposition to the Introduction of Defense 'custody' exhibits") by plaintiff USA w/ attached exhibits 1 through 4 in support. (FCE) Modified on 06/25/2002 (Entered: 06/25/2002)
06/25/2002226 MINUTES: of sentencing before Honorable Charles A. Shaw as to defendant Jered Lee Bonbrake ; Defendant Location: bond court reporter: sue moran; proceedings started: 10:05 - ended: 10:20 (JWJ) (Entered: 07/01/2002)
07/03/2002  DELIVERED TO USCA - 1 criminal appeal cover sheet, 2 certified copies each of NOA, Judgment(CAS) filed on 06/25/02, and clerk's docket entries. cc: NOA to USPT, USP, USM, Judge CAS, Court Reporter-Susan Moran cc: NOA and clerk's docket entries to parties (CF) (Entered: 07/03/2002)
07/03/2002228 RECEIPT # s2002-008054 in the amount of $ 500.00 for special assessment as to Venetian Harbor, Inc (JWJ) (Entered: 07/05/2002)
07/03/2002  FILE SENT TO USCA - 1 volumes (JWJ) (Entered: 07/05/2002)
07/10/2002230 LETTER from USCA to Attys of record: These cases have been consolidated to the extent possible: 02-1284, 02-1285, 02-1286, 02-1510, 02-2775. (FCE) (Entered: 07/11/2002)
07/10/2002  FILE RETURNED FROM USCA - # of volumes: 1 (JWJ) (Entered: 07/15/2002)
07/10/2002231 Notification and Briefing Schedule regarding [227-1] ( APPEAL number 02-2775 ) received from USCA Transcript due: 8/12/02, Clerk's record due: 8/12/02 (JWJ) (Entered: 07/15/2002)
07/18/2002232 TRANSCRIPT filed from Sentencing hearing of 1/3/02, part 1 of 3, as to deft: Bonbrake before Judge: Shaw court reporter: Susan Moran (KXS) (Entered: 07/18/2002)
07/18/2002233 TRANSCRIPT filed from sentencing hearing of 3/5/02, part 2 of 3, as to deft: Bonbrake before Judge: Shaw court reporter: Susan Moran (KXS) (Entered: 07/18/2002)
07/18/2002234 TRANSCRIPT filed from sentencing hearing of 6/25/02, part 3 of 3, as to deft: Bonbrake before Judge: Shaw court reporter: Susan Moran (KXS) (Entered: 07/18/2002)
07/19/2002235 Notification and Briefing Schedule regarding [227-1] (APPEAL numbers 02-1284, 02-1285, 02-1286, 02-1510, 02-2775) received from USCA; Transcript due: 8/12/02, Clerk's record due: 8/12/02; aplnt brief due: 8/26/02; aplee brief due: 9/16/02; reply brief of aplnt due: 9/23/02; reply brief of aplees due: 10/7/02; cross reply brief due: 10/15/02 (KXS) (Entered: 07/22/2002)
07/19/2002236 ORDER FROM USCA copy filed USCA number: 02-2775 Motion of attorney, Steven V. Stenger, for substitution of counsel is hereby granted. Benica Baker-Livorsi of St. Charles, Missouri is hereby appointed to represent the appellant herein under the terms of the Criminal Justice Act. (KXS) (Entered: 07/22/2002)
07/23/2002237 APPEAL Notice to USCA by plaintiff USA regarding judgment filed 6/25/02 [225-5] forwarded to Appeals Unit on 7/24/02 (KXS) (Entered: 07/24/2002)
07/29/2002  DELIVERED TO USCA - 1 criminal appeal cover sheet, 2 certified copies each of NOA, Judgment(CAS) filed on 06/25/02, and Clerk's docket entries. cc: NOA to USPT, USP, USM, Judge CAS, Court Reporter - Susan Moran cc: NOA and Clerk's docket entries to parties (CF) (Entered: 07/29/2002)
07/30/2002238 Notification and Briefing Schedule regarding [237-1] (CROSS-APPEAL number 02-2918 ) received from USCA. The revised briefing schedule established in all of the associated cases on July 18, 2002 remains in full force and effect and will also apply to this new cross-appeal. Counsel are urged to comply with the previousl established dates. The district court clerk's office is reminded that the clerk's records and transcripts in this new cross-appeal and associated appeals are due to be filed by August 12, 2002. Transcript due: 8/12/02, Clerk's record due: 8/12/02 (KXS) (Entered: 07/31/2002)
07/30/2002240 RECEIPT # S2002-008619 in the amount of $ 350.00 for partial payment of special assessment as to Venetian Harbor, Inc (KXS) (Entered: 07/31/2002)
08/07/2002  CLERK'S RECORD ON APPEAL SENT TO USCA transcripts, volumes, copies of index sent to parties USCA number: 02-1285 as to defendant: Venetian Harbor, Inc., 02-1286 Warren Spielman, 02-2775 Jared L. Bonbrake, 02-1284 Rush Templeton and 02-1510 Rush Templeton (CF) (Entered: 08/07/2002)
08/13/2002241 Transmittal Acknowledgement from USCA as to defendant: Rush Tempelton expansion folders E01-E06 (JWJ) (Entered: 08/15/2002)
10/09/2002243 MOTION for new trial by defendants with affidavit of Ernie Birch, Jr. attached. (KXS) (Entered: 10/10/2002)
10/18/2002244 RESPONSE by plaintiff USA to defendant's request for a new trial [243-1] (KXS) (Entered: 10/21/2002)
10/29/2002245ORDER by Honorable Charles A. Shaw IT IS HEREBY ORDERED that defendants' motion for a new trial is DENIED. [Doc. 243] (cc: all counsel, USPT, USP, USM) (KXS) (Entered: 10/29/2002)
11/01/2002246 MOTION for reconsideration of motion for a new trial by defendants (KXS) (Entered: 11/05/2002)
11/04/2002247  ORDER FROM USCA copy filed USCA number: 02-1284 (JWJ) (Entered: 11/05/2002)
11/13/2002248 RESPONSE by plaintiff USA to motion for reconsideration of motion for a new trial [246-1] (KXS) (Entered: 11/14/2002)
04/16/2003251MEMORANDUM AND ORDER: by Honorable Charles A. Shaw IT IS HEREBY ORDERED that deft's motion to reconsider motion for a new trial is DENIED [Doc. 246] (see order for further details) (cc: all counsel, USPT, USP, USM) (KXS) (Entered: 04/17/2003)
08/02/2004254OPINION from USCA as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Rush Templeton re 227 Notice of Appeal - Final Judgment, 195 Notice of Appeal - Final Judgment, 237 Notice of Appeal - Final Judgment, 184 Notice of Appeal - Final Judgment, 183 Notice of Appeal - Final Judgment, 185 Notice of Appeal - Final Judgment: USCA Appeal #: 02-1284, 02-1285, 02-1286, 02-1510, 02-2775, 02-2918 Convictions of VHI, Spielman, Bonbrake and Templeton are reversed. (KXS, ) Modified on 10/21/2004 (KXS, ). (Entered: 08/03/2004)
10/08/2004255ORDER of USCA (certified copy) as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Rush Templeton re: appeal; the petition for rehearing by the panel is denied. (KXS, ) Modified on 10/21/2004 (KXS, ). (Entered: 10/13/2004)
10/20/2004260MANDATE of USCA (certified copy) as to Venetian Harbor, Inc. re 237 Notice of Appeal - Final Judgment USCA Appeal #: 02-1285 - conviction reversed (KXS, ) (Entered: 10/21/2004)
10/21/2004  REMARK as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Rush Templeton : copies of mandates received from the USCA e-mailed to counsel of record on 10/21/04. (KXS, ) (Entered: 10/21/2004)
10/22/2004261MEMORANDUM AND ORDER as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Thea Preston, Rush Templeton- IT IS HEREBY ORDERED that the convictions and sentences as set forth in the Judgments in a Criminal Case previously entered with respect to Venetian Harbor, Inc., Warren Spielman, Rush Templeton and Jared Lee Bonbrake are VACATED in all respects. IT IS FURTHER ORDERED that the superseding indictment in this matter is DISMISSED as to defendants Venetian Harbor, Inc., Warren Spielman, Rush Templeton and Jared Lee Bonbrake. IT IS FURTHER ORDERED that the government shall show cause in writingm, within 10 days of this order, why the Clerk of Court should not be ordered to return to Venetian Harbor, Inc., Warren Spielman, and Jared Lee Bonbrake all monies they paid for fines and special assessments in this case. IT IS FURTHER ORDERED that Venetian Harbor Inc., Warren Spielman, and Jared Lee Bonbrake shall file within 10 days of the date of this order, a response stating the payee's exact name and full mailing address for any refund checks which may be ordered issued. Show Cause Response due by 11/1/2004.. Signed by Judge Charles A. Shaw on 10/22/2004. (MRC, ) (Entered: 10/25/2004)
10/26/2004262 MOTION to Vacate This Court's Order Dated October 22, 2004 by USA as to defendant Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Thea Preston, Rush Templeton. (Attachments: # 2)(Holtshouser, Steven) (Entered: 10/26/2004)
11/03/2004  Docket Text ORDER re: [Doc. 262], MOTION to Vacate filed by USA; the Motion to Vacate is ORDERED WITHDRAWN based on the government's request to withdraw contained in its Response to defendant Templeton's opposition to the Motion to Vacate. Signed by Judge Charles A. Shaw on November 3, 2004. (SMH) (Entered: 11/03/2004)
11/03/2004  REMARK as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Thea Preston, Rush Templeton : copy of docket text order entered 11/3/04 mailed to counsel not electronically notified. (KXS, ) (Entered: 11/03/2004)
11/04/2004265RESPONSE TO ORDER TO SHOW CAUSE by USA as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Rush Templeton (Holtshouser, Steven) (Entered: 11/04/2004)
11/15/2004266Mail Returned as Undeliverable. Mail sent to Benicia Livorsi order #161 (envelope stamped "Addressee Unknown") (KXS, ) (Entered: 11/16/2004)
11/18/2004267Mail Returned as Undeliverable. Mail sent to Benicia Livorsi: docket text order entered 11/3/04 (envelope stamped "Moved") (KXS, ) (Entered: 11/19/2004)
12/10/2004268RESPONSE TO COURT by Venetian Harbor, Inc., Warren Spielman (Jenkins, Ronald) (Entered: 12/10/2004)
12/13/2004269ORDER as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Thea Preston, Rush Templeton -....IT IS HEREBY ORDERED that the clerk of the court shall disburse from the Court registry the sum of $2,000.00 payable to Venetian Harbor, Inc....IT IS FURTHER ORDERED that the clerk of the court shall disburse from the Court registry the sum of $197.20 payable to Warren Spielman.... . Signed by Judge Charles A. Shaw on 12/13/2004. (MRC, ) (Entered: 12/14/2004)
12/14/2004  REMARK as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Thea Preston, Rush Templeton : Copy of 12/13/2004 court order [document #269] forwarded to USDC Financial Department via e-mail. (MRC, ) (Entered: 12/14/2004)
01/13/2005272Mail Returned as Undeliverable. Mail sent to Benicia Livorsi; document #271 - order (KXS, ) (Entered: 01/14/2005)
06/21/2005273Appeal Transmittal as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Rush Templeton USCA Appeal #: 02-1284 8 vols of transcripts returned to USDC (JWJ, ) (Entered: 06/22/2005)
06/21/2005274Appeal Transmittal as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Rush Templeton USCA Appeal #: 02-1284 2 Vols of transcripts returned to USDC (JWJ, ) (Entered: 06/22/2005)
06/21/2005275Appeal Transmittal as to Venetian Harbor, Inc., Warren Spielman, Jared Lee Bonbrake, Rush Templeton 3 Vols of transcripts returned to USDC (JWJ, ) (Entered: 06/22/2005)