CLOSED

U.S. District Court
Western District of Pennsylvania (Pittsburgh)
CRIMINAL DOCKET FOR CASE #: 2:05-cr-00318-TFM-2


Case title: USA v. WAGNER et al

Date Filed: 10/04/2005
Date Terminated: 04/18/2006

Assigned to: Terrence F. McVerry

Defendant (2)
WAGNER EXCAVATION SERVICES, INC
TERMINATED: 04/18/2006
represented byJohn J. Zagari
428 Forbes Avenue
suite 1609
Pittsburgh, PA 15219
(412) 765-2993
Fax: 412-765-2996
Email: JOHN@ZAGARILAW.COM
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
29 U.S.C. 666(e) and 18 U.S.C. 2 WILLFUL VIOLATION OF OSHA REGULATIONS CAUSING THE DEATH OF AN EMPLOYEE
(1)
3 YEARS PROBATION. A FINE OF $25,000.00 TO BE PAID IN MONTHLY INSTALLMENTS WITHIN THE PROBATION PERIOD. SPECIAL ASSESSMENT $50.00.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byBrendan T. Conway
United States Attorney's Office
700 Grant Street
Suite 4000
Pittsburgh, PA 15219
(412) 644-3500
Email: brendan.conway@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/04/2005INFORMATION as to GLEN WAGNER (1) count(s) 1, WAGNER EXCAVATION SERVICES, INC (2) count(s) 1. (Attachments: # 1 Arraignment Pleas # 2 Criminal Case Information Sheet as to Glen Wagner # 3 Criminal Case Information Sheet as to Wagner Excavation Services, Inc) (ksa) (Entered: 10/05/2005)
10/04/2005INFORMATION Memorandum as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC (ksa) (Entered: 10/05/2005)
10/04/2005REQUEST FOR SUMMONS as to WAGNER EXCAVATION SERVICES, INC to appear for arraignment. Summons issued. Arraignment set for 10/25/2005 09:30 AM in Room 5335 before Robert C. Mitchell. (ksa) (Entered: 10/05/2005)
10/06/2005  TEXT NOTICE OF HEARING as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. Waiver and Plea Hearing set for 10/12/2005 02:00 PM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue.(kll) (Entered: 10/06/2005)
10/11/2005NOTICE OF ATTORNEY APPEARANCE: John J. Zagari appearing for GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC (Zagari, John) (Entered: 10/11/2005)
10/12/2005  Text Minute Entry for proceedings held before Judge Terrence F. McVerry: Plea Agreement Hearing as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC held on 10/12/2005, Guilty Plea entered by GLEN WAGNER (1) Guilty Count 1 and WAGNER EXCAVATION SERVICES, INC (2) Guilty Count 1. Defendant sworn, OR Bond, PSI Ordered, Plea Agreement Admitted as Exhibit 1, Sentence 1/13/2006 at 9:00 AM. Text only entry; no PDF document will issue. (Court Reporter Patricia Sherman.) (kll) Modified on 11/9/2005 to correct typos (ksa). (Entered: 10/12/2005)
10/12/2005PLEA AGREEMENT as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (kll) (Entered: 10/12/2005)
10/12/2005Guilty PLEA ENTERED as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (kll) (Entered: 10/12/2005)
10/12/2005OR Appearance Bond Entered as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (kll) (Entered: 10/12/2005)
10/12/2005  TEXT NOTICE OF HEARING as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC Sentencing set for 1/13/2006 09:00 AM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue.(kll) (Entered: 10/12/2005)
12/14/200512 POSITION WITH RESPECT TO SENTENCING FACTORS by USA as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC (Conway, Brendan) (Entered: 12/14/2005)
12/21/200513  MOTION for Extension of Time to File Defendants' Position with Respect to Sentencing Factors by GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (Attachments: # 1 Proposed Order)(Zagari, John) (Entered: 12/21/2005)
12/21/200514  MOTION to Continue Sentencing by GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. (Attachments: # 1 Proposed Order)(Zagari, John) (Entered: 12/21/2005)
12/22/2005  TEXT ORDER granting 13 Motion for Extension of Time as to GLEN WAGNER (1), WAGNER EXCAVATION SERVICES, INC (2). Defendant's Position Regarding Sentencing Factors is due 3/23/2006. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. Signed by Judge Terrence F. McVerry on 12/22/2005. (kll) (Entered: 12/22/2005)
12/22/2005  TEXT ORDER granting 14 Motion to Continue as to GLEN WAGNER (1), WAGNER EXCAVATION SERVICES, INC (2). Sentencing reset from 1/13/2006 at 9:00 AM to 4/13/2006 09:00 AM in Courtroom 6C before Terrence F. McVerry. Text only entry; no PDF document will issue. This text only entry constitutes the Court's order on the matter. Signed by Judge Terrence F. McVerry on 12/22/2005. (kll) Modified on 1/10/2006 to correct typo (ksa). (Entered: 12/22/2005)
02/28/200616 POSITION WITH RESPECT TO SENTENCING FACTORS by WAGNER EXCAVATION SERVICES, INC (Zagari, John) (Entered: 02/28/2006)
04/10/200617 ORDER OF COURT as to GLEN WAGNER, WAGNER EXCAVATION SERVICES, INC. re: 15 Position with respect to sentencing factors, 16 Position with respect to sentencing factors. The Court has determined that the factual matters disputed by Defendant Glen Wagner in Paragraphs 3-6 of his Presentence Investigation Report are immaterial and no finding is necessary because the controverted matters will not be taken into account in determining Defendant's sentence. Signed by Judge Terrence F. McVerry on 4/10/06. (jcm) (Entered: 04/10/2006)
04/13/2006  Text Minute Entry for proceedings held before Judge Terrence F. McVerry: Sentencing held on 4/13/2006 for GLEN WAGNER (1), Count 1, 3 YEARS PROBATION WITH 6 MONTHS OF HOME DETENTION WITH ELECTRONIC MONITORING. A FINE OF $25,000.00 TO BE PAID WITHIN 6 MONTHS. INTEREST IS WAIVED ON THE FINE. SPECIAL ASSESSMENT $10.00.; WAGNER EXCAVATION SERVICES, INC (2), Count 1, 3 YEARS PROBATION. A FINE OF $25,000.00 TO BE PAID IN MONTHLY INSTALLMENTS WITHIN THE PROBATION PERIOD. SPECIAL ASSESSMENT $50.00. Defendant sworn. Witness Frank DeAugustine, Jr. Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (Court Reporter Patricia Sherman.) (kll) Modified on 4/27/2006 to correct typo (ksa). (Entered: 04/13/2006)
04/18/200619 JUDGMENT as to WAGNER EXCAVATION SERVICES, INC (2), Count 1, 3 YEARS PROBATION. A FINE OF $25,000.00 TO BE PAID IN MONTHLY INSTALLMENTS WITHIN THE PROBATION PERIOD. SPECIAL ASSESSMENT $50.00. Signed by Judge Terrence F. McVerry on 4/18/2006. (kll) (Entered: 04/18/2006)
04/18/2006  ***Terminated Case (kll) (Entered: 04/18/2006)
07/01/200923 PETITION FOR PROBATION/SUPERVISED RELEASE ACTION - as to WAGNER EXCAVATION SERVICES, INC. (ksa) (Entered: 07/01/2009)
07/02/200924 ORDER granting 23 Petition for Probation as to WAGNER EXCAVATION SERVICES, INC. The term of probation imposed is allowed to expire nunc pro tunc effective April 12, 2009, with the fine due and owing and the case be closed. Signed by Judge Terrence F. McVerry on 07/02/09. (bsc) Modified on 7/6/2009. (jsp) Modified on 7/7/2009. (tt) (Entered: 07/02/2009)