R&R,Termed

U.S. District Court
Northern District of Ohio (Toledo)
CRIMINAL DOCKET FOR CASE #: 3:04-cr-00766-JGC-3


Case title: United States of America v. Buschur et al

Date Filed: 08/04/2004
Date Terminated: 05/19/2005

Assigned to: Judge James G. Carr

Defendant (3)
Western Ohio Metal Finishers, Inc.
TERMINATED: 05/19/2005
represented byWestern Ohio Metal Finishers, Inc.
281 S. Ohio Street
Minster, OH 45865
PRO SE

David P. Williamson
Beiser, Greer & Landis
400 National City Center
6 North Main Street
Dayton, OH 45402-1908
937-223-3277
Fax: 937-223-6339
Email: dpw@bgllaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:1317(d) Illegal Discharge
(1)
Special Assessment of $2400.00 due in full as to Counts 1-7. Restitution in amount of $4,229.25 to Ohio EPA, Lazarus Government Center, 122 South Front Street, Columbus, OH, 43215, Attn: Donna Wagner. Defendant shall make payments of $500.00 per month toward special assessment, restitution and fine, commencing 7/1/05, until paid in full. Fine and Restitution shall be paid jointly and severally with co-defendants Theresa Buscher and John J. Buscher.
18:1001 False Statement
(2-7)
Special Assessment of $2400.00 due in full as to Counts 1-7. Restitution in amount of $4,229.25 to Ohio EPA, Lazarus Government Center, 122 South Front Street, Columbus, OH, 43215, Attn: Donna Wagner. Defendant shall make payments of $500.00 per month toward special assessment, restitution and fine, commencing 7/1/05, until paid in full. Fine and Restitution shall be paid jointly and severally with co-defendants Theresa Buscher and John J. Buscher.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byThomas A. Karol
Office of the U.S. Attorney - Toledo
Northern District of Ohio
Ste. 308
Four SeaGate
Toledo, OH 43604
419-259-6376
Fax: 419-259-6360
Email: thomas.karol@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/04/2004Indictment as to John J. Buschur (1) count(s) 1, 2-7, Theresa A. Buschur (2) count(s) 1, 2-7, Western Ohio Metal Finishers, Inc. (3) count(s) 1, 2-7. (Attachments: # 1 Designation Form) (N, D) (Entered: 08/05/2004)
08/04/2004Order Referring Case to Magistrate Judge Vernelis K. Armstrong as to John J. Buschur, Theresa A. Buschur, Western Ohio Metal Finishers, Inc. Magistrate Judge to conduct the initial appearances, arraignments, bond hearings and changes of plea. Signed by Judge James G. Carr on 8/4/04. (N, D) (Entered: 08/05/2004)
08/16/2004Notice of Hearing. Summons issued as to Western Ohio Metal Finishers, Inc. Initial/Arraignment set for 8/25/2004 02:00 PM in Courtroom 312 before Magistrate Judge Vernelis K. Armstrong. (S, P A) (Entered: 08/16/2004)
08/25/2004  Minutes of proceedings (Non-Document) before Magistrate Judge Vernelis K. Armstrong.Arraignment as to Western Ohio Metal Finishers, Inc. (3) Count 1,2-7 held on 8/25/2004. Government's oral motion for Pro Hac Vice status for Attorney David Williamson was granted. Parties agree to joint proceeding with co-defendants. Defendant plead Not guilty to all 7 Counts in the Indictment. Pretrial Motion Deadline is 9/23/2004. Delay excluded from the Speedy Trial Act in the interest of justice. (Court Reporter ECRO/Tina Brown) (S, P A) (Entered: 08/25/2004)
08/25/2004Notice of Appearance of Attorney David P Williamson appearing for Theresa A. Buschur, Western Ohio Metal Finishers, Inc. (R, Ci) (Entered: 08/26/2004)
11/24/200418 Status Report (Joint Motion) requesting change of plea by United States of America as to John J. Buschur, Theresa A. Buschur, Western Ohio Metal Finishers, Inc. (Karol, Thomas) Modified on 11/29/2004 (N, D). DOCUMENT TO BE REFILED, INCORRECT EVENT USED (Entered: 11/24/2004)
11/29/200419  Motion - Joint - Requesting Change of Plea by United States of America as to John J. Buschur, Theresa A. Buschur, Western Ohio Metal Finishers, Inc.. (Karol, Thomas) (Entered: 11/29/2004)
12/01/200420 Order: granting 19 the parties joint motion to schedule defendants John J. Buschur, Theresa A. Buschur and Western Ohio Metal Finishers, Inc. for a change of plea. Matter to be scheduled before Hon. Vernelis K. Armstrong. Signed by Judge James G. Carr on 12/1/2004. (S, A L) (Entered: 12/01/2004)
12/28/200421 Notice of Hearing as to John J. Buschur, Theresa A. Buschur, Western Ohio Metal Finishers, Inc. Joint Changes of Plea Hearings set for 1/6/2005 10:30 AM in Courtroom 312 before Magistrate Judge Vernelis K. Armstrong. (S, P A) (Entered: 12/28/2004)
01/13/2005  Minutes of proceedings (Non-Document) before Magistrate Judge Vernelis K. Armstrong.Change of Plea Hearing held on 1/13/2005 regarding Western Ohio Metal Finishers, Inc.; Defendant agrees to a Joint proceeding with co-Defendants; Corporate Resolution executed with Teresa Buschur speaking for the Corporation; Defendant waives the attorney conflict of interest with Theresa Buschur; No mandatory sentencing guidelines; Parties consent to the Magistrate Judge conducting this proceeding; Paragraph 5 of the Plea Agreement was deleted and Paragraph 7 states sentencing guidelines which are now advisory; Plea Agreement executed; Indictment should read "metal coating" and not "metal plating"; Defendant withdraw its Not Guilty Plea and tendered a Guilty Plea to Counts 1,2-7; of the Indictment; Court will issue a finding and recommendation, if adopted by Chief Judge Carr, a guilty plea will be entered; Defendant referred to U.S. Probation for a Presentence Report; Referral to the Magistrate Judge is termed; Time: 20 minutes. (Court Reporter ECRO/Dianne Gowing) (S, P A) (Entered: 01/13/2005)
01/13/200522 Action by written consent of the Board of Directors of Western Ohio Metal Finishers, Inc. signed by John Buschur and Theresa Buschur, Members, Board of Directors as to Western Ohio Metal Finishers, Inc. (G, D) (Entered: 01/13/2005)
01/13/200529  Consent to Order of Referral to Magistrate Judge for Purposes of Receiving Defendant's Plea of Guilty as to Western Ohio Metal Finishers, Inc.: (G, D) (Entered: 01/13/2005)
01/13/200530 Plea Agreement as to Western Ohio Metal Finishers, Inc. (G, D) (Entered: 01/13/2005)
01/13/200531 Report and Recommendation as to Western Ohio Metal Finishers, Inc. recommending that plea of guilty be accepted and finding of guilty be entered by court.. Signed by Magistrate Judge Vernelis K. Armstrong on 1/13/05. (G, D) (Entered: 01/13/2005)
03/14/200533 Order as to John J. Buschur and Western Ohio Metal Finishers, Inc. The defendants' plea of guilty is accepted and a finding of guilty shall be entered. Signed by Judge James G. Carr on 3/14/2005. (S, A L) (Entered: 03/14/2005)
04/21/200536 Notice of Hearing as to Western Ohio Metal Finishers, Inc. Sentencing set for 5/16/2005 at 1:00 PM before Hon. James G. Carr. (S, A L) (Entered: 04/21/2005)
05/12/200537 Notice of Hearing as to Western Ohio Metal Finishers, Inc. Sentencing set for 5/16/2005 at 1:00 PM before Hon. James G. Carr. (S, A L) (Entered: 05/12/2005)
05/16/200538 Minutes of proceedings before Judge James G. Carr.Sentencing held on 5/16/2005 for Western Ohio Metal Finishers, Inc. (3) as to Count(s) 1-7. Fine $2000.00. Restitution to Ohio EPA in amount of $4229.25. Special Assessment $2400.00. (Court Reporter April Metzler) (G, D) Modified on 5/16/2005 to correct judge (G, D). (Entered: 05/16/2005)
05/19/200541 Judgment as to Western Ohio Metal Finishers, Inc. (3), Count(s) 1-7. Special Assessment of $2400.00 due in full as to Counts 1-7. Restitution in amount of $4,229.25 to Ohio EPA, Lazarus Government Center, 122 South Front Street, Columbus, OH, 43215, Attn: Donna Wagner. Defendant shall make payments of $500.00 per month toward special assessment, restitution and fine, commencing 7/1/05, until paid in full. Fine and Restitution shall be paid jointly and severally with co-defendants Theresa Buscher and John J. Buscher. Interest requirement waived for fine and restitution.. Signed by Judge James G. Carr on 5/16/05. (G, D) (Entered: 05/19/2005)