| TERMED |
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 by | Jennifer 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 by | Steven 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 |
|---|---|---|
| 03/14/2001 | 1 | INDICTMENT (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) | |
| 03/14/2001 | 2 | APPEARANCE for plaintiff USA by Attorney Patrick Flachs (SET) (Entered: 03/14/2001) |
| 03/20/2001 | 20 | 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) |
| 03/28/2001 | 25 | 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) |
| 03/28/2001 | 30 | 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) |
| 03/29/2001 | 31 | APPEARANCE for plaintiff USA by Attorney Steven E. Holtshouser (MCB) (Entered: 03/29/2001) |
| 04/10/2001 | 32 | APPEARANCE for defendant Venetian Harbor, Inc, defendant Warren Spielman by Attorney Ronald E. Jenkins and Jennifer M. Dau. (MCB) (Entered: 04/10/2001) |
| 04/10/2001 | 33 | 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) |
| 04/10/2001 | 34 | 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) |
| 04/10/2001 | 35 | 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) | |
| 04/20/2001 | 45 | RULED 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) |
| 04/23/2001 | 47 | RULED 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) |
| 04/23/2001 | 49 | RULED 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) |
| 04/23/2001 | 51 | RULED 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) |
| 04/23/2001 | 53 | RULED 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) |
| 04/24/2001 | 55 | RULED 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) |
| 04/26/2001 | 56 | WAIVER OF FILING PRETRIAL MOTIONS by defendant Venetian Harbor, Inc, defendant Warren Spielman (GLF) (Entered: 04/26/2001) |
| 04/26/2001 | 56 | 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) |
| 04/26/2001 | 57 | 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) |
| 04/26/2001 | 58 | APPEARANCE for plaintiff USA by Attorney Patrict M. Flachs (BAK) (Entered: 04/26/2001) |
| 04/26/2001 | 59 | 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) |
| 04/26/2001 | 60 | ORDER 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) |
| 04/26/2001 | 61 | LETTER from USA to Ron Jenkins, Counsel for Defendant Warren Spielman re: Disclosure/Discovery from defendant (GLF) (Entered: 04/30/2001) |
| 04/26/2001 | 62 | 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) |
| 04/26/2001 | 63 | LETTER from USA to Eric W. Butts, Counsel for Defenant Thea Preston re: Disclosure/Discovery from defendant. (GLF) (Entered: 04/30/2001) |
| 04/26/2001 | 64 | LETTER from USA to Eric W. Butts, counsel for defendant Thea Preston re: Disclosure/Discovery to defendant. (GLF) (Entered: 04/30/2001) |
| 04/26/2001 | 65 | LETTER from USA to Lee Lawless, Counsel for Defendant Rush Templeton re: Disclosure/Discovery from defendant. (GLF) (Entered: 04/30/2001) |
| 04/26/2001 | 66 | LETTER from USA to Lee Lawless, counsel for defendant Rush Templeton re: Disclosure/Discovery to defendant (GLF) (Entered: 04/30/2001) |
| 04/26/2001 | 67 | LETTER from USA to Steven V. Stenger, counsel for Defendant Jared Lee Bonbrake re: Disclosure/Discovery from defendant. (GLF) (Entered: 04/30/2001) |
| 04/26/2001 | 68 | LETTER from USA to Steven V. Stenger, Counsel for Defendant Jared Lee Bonbrake re: Disclosure/Discovery to defendant. (GLF) (Entered: 04/30/2001) |
| 04/27/2001 | 72 | 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) |
| 04/27/2001 | 73 | 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) |
| 05/01/2001 | 74 | CONTINUANCE 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) |
| 05/01/2001 | 75 | 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) |
| 05/03/2001 | 76 | 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) |
| 05/29/2001 | 81 | EXHIBITS FILED by plaintiff USA exhibits received: 1 & 2 ; admitted and retained by Court. (MCB) (Entered: 05/29/2001) |
| 05/29/2001 | 82 | 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) |
| 05/29/2001 | 82 | 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) |
| 06/07/2001 | 85 | NOTICE of Bankruptcy by defendant Venetian Harbor, Inc, defendant Warren Spielman (JWJ) (Entered: 06/12/2001) |
| 06/22/2001 | 86 | LETTER from USA to Atty Ronald E. Jenkins re: discovery disclosures. (FCE) (Entered: 06/25/2001) |
| 07/10/2001 | 87 | LETTER from Ron Jenkins, Counsel for Venetian Harbor, Inc, Warren Spielman to Patrick Flachs, AUSA re: Discovery/Disclosure (GLF) (Entered: 07/10/2001) |
| 07/31/2001 | 89 | 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) |
| 08/21/2001 | 90 | ORDER 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) |
| 08/29/2001 | 93 | 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) | |
| 08/31/2001 | 94 | 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) |
| 08/31/2001 | 95 | 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) |
| 08/31/2001 | 96 | ORDER 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) |
| 08/31/2001 | 99 | OBJECTIONS by defendant Warren Spielman, defendant Venetian Harbor, Inc regarding Govt's Notice of Expert Testimony [0-1] (FCE) (Entered: 08/31/2001) |
| 08/31/2001 | 103 | 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) |
| 09/05/2001 | 105 | RULED 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) |
| 09/06/2001 | 108 | 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) |
| 09/07/2001 | 110 | PRETRIAL COMPLIANCE by plaintiff USA w/ exhibit and witness lists, supplemental trial brief. (FCE) (Entered: 09/10/2001) |
| 09/07/2001 | 111 | MOTION in limine to exclude evidence of Rush Templeton as to defendant: aLL by USA (FCE) (Entered: 09/10/2001) |
| 09/10/2001 | 118 | 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) | |
| 09/10/2001 | 117 | 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) |
| 09/11/2001 | 114 | 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) |
| 09/13/2001 | 119 | 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) |
| 09/14/2001 | 116 | 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) | |
| 09/20/2001 | 120 | ORDER 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) | |
| 09/20/2001 | 121 | 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) |
| 09/20/2001 | 122 | 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) |
| 09/20/2001 | 123 | VERDICT as to Venetian Harbor, Inc Guilty on all counts (JWJ) (Entered: 10/01/2001) |
| 09/20/2001 | 128 | EXHIBIT RECEIPT by plaintiff USA (FCE) (Entered: 10/02/2001) |
| 10/22/2001 | 129 | 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) |
| 10/23/2001 | 130 | ACCEPTANCE TO PSR by USA ; objection to PSR deadline met on 10/23/01 as to deft Thea Preston (FCE) (Entered: 10/24/2001) |
| 10/26/2001 | 131 | 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) | |
| 11/07/2001 | 134 | 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) |
| 11/07/2001 | 135 | 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) |
| 11/07/2001 | 136 | ACCEPTANCE TO PSR by USA ; objection to PSR deadline met on 11/7/01 as to deft Rush Templeton (FCE) (Entered: 11/08/2001) |
| 11/07/2001 | 137 | 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) |
| 11/13/2001 | 139 | 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) |
| 11/14/2001 | 140 | 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) |
| 11/14/2001 | 142 | 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) |
| 11/14/2001 | 143 | 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) |
| 11/27/2001 | 147 | 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) |
| 11/27/2001 | 148 | 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) |
| 11/27/2001 | 150 | 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) |
| 11/27/2001 | 151 | RESPONSE by plaintiff USA regarding [144-1] (JWJ) (Entered: 11/28/2001) |
| 11/27/2001 | 152 | RESPONSE by plaintiff USA regarding [145-1] (JWJ) (Entered: 11/28/2001) |
| 11/28/2001 | 153 | MOTION for departure from standard sentencing as to defendant: Thea Preston by USA (JWJ) (Entered: 11/28/2001) |
| 11/29/2001 | 154 | 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) | |
| 12/05/2001 | 158 | 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) |
| 12/06/2001 | 160 | RULED 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) |
| 12/06/2001 | 161 | ORDER 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) |
| 12/07/2001 | 163 | OBJECTIONS TO PSR by Venetian Harbor, Inc ; objection to PSR deadline met on 12/7/01 (FCE) (Entered: 12/10/2001) |
| 12/18/2001 | 165 | RESPONSE by plaintiff USA regarding deft's objections [163-1] to Deft Venetian Harbor, Inc.'s PSR. (FCE) (Entered: 12/19/2001) |
| 12/18/2001 | 166 | RESPONSE by plaintiff USA to Deft Spielman's objections [162-1] to PSR. (FCE) (Entered: 12/19/2001) |
| 01/02/2002 | 169 | 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) |
| 01/02/2002 | 170 | RESPONSE To Defendant Templeton's Sentencing Memorandum by plaintiff USA regarding [168-1] (MRC) (Entered: 01/04/2002) |
| 01/02/2002 | 171 | RESPONSE by plaintiff USA to motion for departure from standard sentencing as to defendant Jered Lee Bonbrake [167-1] (MRC) (Entered: 01/04/2002) |
| 01/03/2002 | 173 | 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) |
| 01/03/2002 | 174 | 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) |
| 01/03/2002 | 175 | PRESENTENCE REPORT w/statement of reasons page attached FILED UNDER SEAL on Venetian Harbor, Inc (MRC) (Entered: 01/10/2002) |
| 01/03/2002 | 176 | JUDGMENT 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) |
| 01/03/2002 | 177 | 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) |
| 01/03/2002 | 180 | 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) |
| 01/04/2002 | 172 | ORDER 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) |
| 01/14/2002 | 184 | 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) |
| 01/14/2002 | 186 | 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) |
| 01/14/2002 | 187 | CJA Form 23 (Financial Affidavit) as to Venetian Harbor, Inc, and Warren Spielman (MRC) (Entered: 01/16/2002) |
| 01/16/2002 | 188 | 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) |
| 01/22/2002 | 190 | RULED 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) | |
| 01/30/2002 | 191 | 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) |
| 02/01/2002 | 192 | 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) |
| 02/01/2002 | 193 | 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) |
| 02/01/2002 | 194 | 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) |
| 02/07/2002 | 195 | 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) | |
| 02/14/2002 | 198 | 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) | |
| 02/19/2002 | 199 | RESPONSE by plaintiff USA to motion for departure from standard sentencing as to defendant Jered Lee Bonbrake [197-1] (FCE) (Entered: 02/20/2002) |
| 02/21/2002 | 200 | 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) |
| 02/21/2002 | 201 | 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) |
| 02/27/2002 | 204 | APPEAL 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) |
| 02/28/2002 | 205 | 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) |
| 03/01/2002 | 206 | RULED 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) |
| 03/01/2002 | 208 | 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) |
| 03/04/2002 | 209 | 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) | |
| 03/06/2002 | 211 | 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) |
| 03/06/2002 | 212 | RESPONSE by plaintiff USA regarding [210-1] (JWJ) (Entered: 03/07/2002) |
| 04/12/2002 | 213 | 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) |
| 04/15/2002 | 214 | MOTION for order setting a date certain for sentencing as to defendant: Jered Lee Bonbrake by USA (FCE) (Entered: 04/25/2002) |
| 04/24/2002 | 216 | 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) |
| 04/25/2002 | 217 | ORDER 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) |
| 05/16/2002 | 218 | RECEIPT # S2002-006823 in the amount of $ 800.00 for Special Assessment as to Venetian Harbor, Inc (FCE) (Entered: 05/17/2002) |
| 06/06/2002 | 219 | ORDER 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) |
| 06/24/2002 | 220 | OBJECTIONS by plaintiff USA to Defendant's Evidence. (FCE) (Entered: 06/25/2002) |
| 06/24/2002 | 221 | 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) |
| 06/25/2002 | 226 | 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) | |
| 07/03/2002 | 228 | 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) | |
| 07/10/2002 | 230 | 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) | |
| 07/10/2002 | 231 | 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) |
| 07/18/2002 | 232 | 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) |
| 07/18/2002 | 233 | 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) |
| 07/18/2002 | 234 | 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) |
| 07/19/2002 | 235 | 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) |
| 07/19/2002 | 236 | 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) |
| 07/23/2002 | 237 | 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) | |
| 07/30/2002 | 238 | 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) |
| 07/30/2002 | 240 | 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) | |
| 08/13/2002 | 241 | Transmittal Acknowledgement from USCA as to defendant: Rush Tempelton expansion folders E01-E06 (JWJ) (Entered: 08/15/2002) |
| 10/09/2002 | 243 | MOTION for new trial by defendants with affidavit of Ernie Birch, Jr. attached. (KXS) (Entered: 10/10/2002) |
| 10/18/2002 | 244 | RESPONSE by plaintiff USA to defendant's request for a new trial [243-1] (KXS) (Entered: 10/21/2002) |
| 10/29/2002 | 245 | ORDER 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) |
| 11/01/2002 | 246 | MOTION for reconsideration of motion for a new trial by defendants (KXS) (Entered: 11/05/2002) |
| 11/04/2002 | 247 | ORDER FROM USCA copy filed USCA number: 02-1284 (JWJ) (Entered: 11/05/2002) |
| 11/13/2002 | 248 | RESPONSE by plaintiff USA to motion for reconsideration of motion for a new trial [246-1] (KXS) (Entered: 11/14/2002) |
| 04/16/2003 | 251 | MEMORANDUM 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) |
| 08/02/2004 | 254 | OPINION 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) |
| 10/08/2004 | 255 | ORDER 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) |
| 10/20/2004 | 260 | MANDATE 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) | |
| 10/22/2004 | 261 | MEMORANDUM 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) |
| 10/26/2004 | 262 | 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) | |
| 11/04/2004 | 265 | RESPONSE 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) |
| 11/15/2004 | 266 | Mail Returned as Undeliverable. Mail sent to Benicia Livorsi order #161 (envelope stamped "Addressee Unknown") (KXS, ) (Entered: 11/16/2004) |
| 11/18/2004 | 267 | Mail Returned as Undeliverable. Mail sent to Benicia Livorsi: docket text order entered 11/3/04 (envelope stamped "Moved") (KXS, ) (Entered: 11/19/2004) |
| 12/10/2004 | 268 | RESPONSE TO COURT by Venetian Harbor, Inc., Warren Spielman (Jenkins, Ronald) (Entered: 12/10/2004) |
| 12/13/2004 | 269 | ORDER 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) | |
| 01/13/2005 | 272 | Mail Returned as Undeliverable. Mail sent to Benicia Livorsi; document #271 - order (KXS, ) (Entered: 01/14/2005) |
| 06/21/2005 | 273 | Appeal 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) |
| 06/21/2005 | 274 | Appeal 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) |
| 06/21/2005 | 275 | Appeal 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) |