U.S. District Court
Southern District of California (San Diego)
CRIMINAL DOCKET FOR CASE #: 3:07-cr-03443-CAB All Defendants


Case title: USA v. Wagner Construction JV

Date Filed: 01/03/2008
Date Terminated: 03/25/2008

Assigned to: Magistrate Judge MJ Bencivengo

Defendant (1)
Wagner Construction JV
TERMINATED: 03/25/2008
represented byCharles G La Bella
LaBella and McNamara
401 West A Street
Suite 1150
San Diego, CA 92101
(619)696-9200
Fax: (619)696-9269
Email: clabella@labellamcnamara.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1311, 1342 and 1319(c)(1)(A); 18:2 - Unlawful Discharge of Pollutants; Aiding and Abetting
(1)
Two years unsupervised Probation; to beterminated as soon as the terms of probation are completed. Special Assessment - $125.00; Fine - $20,000.00; $7,503.00 payable to the San Diego County Dept of Environmental Health Services, Hazardous Materials Management Division for Costs incurred in response to spill; Rights to Appeal - Waived.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byU S Attorney CR
U S Attorneys Office Southern District of California
880 Front Street
Room 6293
San Diego, CA 92101
(619)557-5610
Fax: (619)557-5917
Email: Efile.dkt.gc2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant United States Attorney

Melanie K Pierson
U S Attorneys Office Southern District of California
Criminal Division
880 Front Street
Room 6293
San Diego, CA 92101
(619) 546-7976
Fax: (619) 546-0450
Email: Melanie.Pierson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant United States Attorney

Date Filed #Docket Text
01/03/2008INFORMATION as to Wagner Construction JV (1) count(s) 1. (jrd) (Entered: 01/03/2008)
01/03/2008Minute Entry for proceedings held before Judge Cathy Ann Bencivengo :Initial Appearance on Information as to dft Corp, Wagner Construction JV held on 1/3/2008 Representative of Corp and retained attorney Charles G La Bella appearing on behalf of the dft Corp, Wagner Construction JV. Arraignment on the Information as to dft Corp, Wagner Construction JV (1) on Count 1 held on 1/3/2008; Representative, Charles LaBella, informed of charges against dft Corporation. Change of Plea Hearing as to dft Corp, Wagner Construction JV held on 1/3/2008. Plea tendered of Guilty to Count 1 of the Information (Misd) entered by representative Charles LaBella of dft Corp. Court accepts plea of Guilty to Count 1 of the Information (Misd) by representative on behalf of dft Wagner Construction JV. Representative of dft Corp. waives any Presentencing Report. Sentence Without Probation Office Report set for 2/26/2008 at 09:30 AM in Courtroom E before Magistrate Judge Cathy Ann Bencivengo. (Tape #CAB08-10:15-10:16).(Plaintiff Attorney Melanie Pierson, AUSA).(Defendant Attorney Charles LaBella, Ret). (lmh) (Entered: 01/07/2008)
01/03/2008PLEA AGREEMENT as to Wagner Construction JV. (jah) (Entered: 01/07/2008)
01/03/2008NOTICE as to Defendant Wagner Construction JV filed by Plaintiff USA of related case(s) 07-CR-3192-IEG (jrd) (Entered: 01/08/2008)
01/03/2008Sentencing Document: Letter by Wagner Construction JV (jrd) (Entered: 01/08/2008)
01/03/2008CONSENT TO TRIAL BEFORE US MAGISTRATE JUDGE Cathy Ann Bencivengo filed by Wagner Construction JV (jrd) (Entered: 01/08/2008)
01/10/2008NOTICE OF ATTORNEY APPEARANCE Melanie K Pierson appearing for USA. (Pierson, Melanie)(joeh, ). (Entered: 01/10/2008)
02/19/2008Joint MOTION to Continue Defendant's Sentencing by Wagner Construction JV. (Attachments: # 1 Declaration Declaration of Charles G. La Bella# 2 Proof of Service)(La Bella, Charles) (Entered: 02/19/2008)
02/25/2008ORDER granting 8 Joint Motion to Continue Dft's Sentencing as to Wagner Construction JV (1). Signed by Magistrate Judge Cathy Ann Bencivengo on 2/25/2008. Sentencing hearing continued to 3/25/2008 9:30am in Courtroom E before Magistrate Judge Cathy A Bencivengo. (jah) (Entered: 02/25/2008)
03/25/200810 Minute Entry for proceedings held before Judge Cathy Ann Bencivengo : Sentence Without Probation Office Report as to Wagner Construction JV held on 3/25/2008 for Wagner Construction JV (1). Deft sentenced on Count(s) 1 of Information (Misdemeanor) as follows: Two years unsupervised Probation; to be terminated as soon as the terms of probation are completed. Special Assessment - $125.00; Fine - $20,000.00; additionally, an amount of $7,503.00 shall be made payable to the San Diego County Dept of Environmental Health Services, Hazardous Materials Management Division for Costs incurred in response to spill; Rights to Appeal - Waived. (Tape #CAB08-9:36-9:41).(Plaintiff Attorney Melanie K. Pierson, AUSA).(Defendant Attorney Teresa M. Gillis, S/A for Charles G. LaBella, RET N/A). (lmh) (Entered: 03/26/2008)
03/25/200811 JUDGMENT as to Wagner Construction JV (1), Count(s) 1, Two years unsupervised Probation; to be terminated as soon as the terms of probation are completed. Special Assessment - $125.00; Fine - $20,000.00; $7,503.00 payable to the San Diego County Dept of Environmental Health Services, Hazardous Materials Management Division for Costs incurred in response to spill; Rights to Appeal - Waived. Signed by Judge Cathy Ann Bencivengo on 3/25/08. (jjh) (Entered: 03/28/2008)