Maryland District Court, Case No. 1:03-cr-00037-JFM:
USA v. Baker, et al

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USA, Plaintiff

Kathleen O Connell Gavin
United States Department of Justice
Phone: +1 410 209 4887
Fax: +1 410 962 3124
E-Mail: kathleen.gavin@usdoj.gov

Thomas M DiBiagio
Beveridge & Diamond, PC
Phone: +1 202 789 6000
Fax: +1 202 789 6190
E-Mail: tdibiagio@bdlaw.com

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Office Baltimore
Filed 1/22/2003
County Baltimore City
Terminated 4/23/2004
Reopened
Other Court Case None
Count 1
Citation Section 18 U.S.C. § 1343.F
Offense Level 4
181343 WIRE FRAUD Affecting a Financial Institution
Count 10
Citation Section 18 U.S.C. § 1343.F
Offense Level 4
181343 WIRE FRAUD Affecting a Financial Institution
Count 2-4
Citation Section 18 U.S.C. § 1343.F
Offense Level 4
181343 WIRE FRAUD Affecting a Financial Institution
Count 5
Citation Section 18 U.S.C. § 1341.F
Offense Level 4
181341 MAIL FRAUD Affecting a Financial Institution
Count 6-9
Citation Section 18 U.S.C. § 1344A.F
Offense Level 4
181344 BANK FRAUD
Def Custody Status
Flag CLOSED
 1 Filed: 1/22/2003, Entered: 1/23/2003 Indictment
INDICTMENT as to Beverly Baker (1) count(s) 1-4, 5, 6-9, 10, Thomas Bray (2) count(s) 1-4, 5, 6-9, 10, Victor Giordani (3) count(s) 1-4, 5, 6-9, 10, Michele A. Tobin (4) count(s) 1-4, 5, 6-9, 10 (amf, Deputy Clerk)
 -- Filed: 2/20/2003, Entered: 2/20/2003 Initial Appearance
Initial appearance as to Michele A. Tobin held before Judge J. F. Motz. (Court Reporter: Zajac) (Defendant informed of rights.) (mdw, Deputy Clerk)
 -- Filed: 2/20/2003, Entered: 2/20/2003 Arraignment
Arraignment as to Michele A. Tobin, Guilty: as to count 1 Terminated motions and, Not Guilty: as to count(s) 10, 5, 6-9, 2-4 held before Judge J. F. Motz. (Court Reporter: Zajac) (mdw, Deputy Clerk)
 7 Filed: 2/20/2003, Entered: 2/21/2003 Notice of Attorney Appearance - Defendant
NOTICE of Appearance for Michele A. Tobin by Attorney J Sedwick Sollers III (amf, Deputy Clerk)
 8 Filed: 2/20/2003, Entered: 2/21/2003 Exhibit List
Exhibit list (Plea Agreement) by USA as to Michele A. Tobin (amf, Deputy Clerk)
 9 Filed: 2/20/2003, Entered: 2/21/2003 Sentencing Order Court Filing
Guideline Sentencing Order as to Michele A. Tobin ( Signed by Judge J. F. Motz 2/20/03) (cm mw) (amf, Deputy Clerk)
 22 Filed: 3/18/2003, Entered: 3/18/2003 Sentencing Order Court Filing
Guideline Sentencing Order as to Michele A. Tobin.. Signed by Judge J. Frederick Motz on 03/17/03.(cm mw) (amf, Deputy Clerk)
 23 Filed: 4/4/2003, Entered: 4/4/2003 Sentencing Order Court Filing
Guideline Sentencing Order as to Michele A. Tobin.. Signed by Judge J. Frederick Motz on 03/04/03.(c/m mw) (amf, Deputy Clerk) Modified on 4/4/2003 (amf, Deputy Clerk).
 26 Filed: 6/13/2003, Entered: 6/16/2003 Remark
Consolidated Response of Government to Defendant's Pretrial Motions. (c/s) (amf, Deputy Clerk)
 27 Filed: 6/23/2003, Entered: 6/23/2003, Terminated: 6/23/2003 Motion for Miscellaneous Relief
MOTION requesting an extension of the scheduling order for presentence investigaiton and report by USA as to Michele A. Tobin. (amf, Deputy Clerk)
 28 Filed: 6/23/2003, Entered: 6/23/2003 Order on Motion for Miscellaneous Relief Court Filing
ORDER granting [27] Motion requesting an extension of the scheduling order for presentence investigation and report as to Michele A. Tobin (4). Signed by Judge J. Frederick Motz on 06/23/03. (c/m by chambers) (amf, Deputy Clerk)
 29 Filed: 9/17/2003, Entered: 9/17/2003, Terminated: 9/22/2003 Motion to Withdraw as Attorney
MOTION to Withdraw and for Appointment of Counsel by J. Sedwick Sollers as to Michele A. Tobin. (2c/s) (amf, Deputy Clerk)
 30 Filed: 9/22/2003, Entered: 9/22/2003 Order on Motion to Withdraw as Attorney Court Filing
ORDER granting [29] Motion to Withdraw and for appointment of counsel as Attorney; J Sedwick Sollers withdrawn from case as to Michele A. Tobin (4). Signed by Judge J. Frederick Motz on 09/22/03.(c/m af) (amf, Deputy Clerk)
 -- Filed: 9/24/2003, Entered: 9/24/2003 Add and Terminate Attorneys
Attorney update in case as to Victor Giordani Jr., Beverly Baker, Thomas Bray, Michele A. Tobin. Attorney Kathleen O Connell Gavin for USA added. Attorney Dale P Kelberman terminated. (cag, Deputy Clerk)
 31 Filed: 10/6/2003, Entered: 10/6/2003 CJA 20 - Appointment
CJA 20 as to Michele A. Tobin : Appointment of Attorney Joseph Roll Conte for Michele A. Tobin., CJA 20 as to Michele A. Tobin : Authorization to Pay. (c/m dps) (amf, Deputy Clerk)
 40 Filed: 2/18/2004, Entered: 2/18/2004 Sealed Document
Sealed Document. (amf, Deputy Clerk)
 46 Filed: 3/26/2004, Entered: 3/26/2004, Terminated: 5/5/2004 Motion for Miscellaneous Relief
MOTION for Downward Departure by Michele A. Tobin. (cag, Deputy Clerk)
 50 Filed: 4/16/2004, Entered: 4/19/2004 Sentencing Memorandum
SENTENCING MEMORANDUM by USA and Opposition to Defendant's Motion for Downward Departure as to Michele A. Tobin. (c/s) (amf, Deputy Clerk)
 51 Filed: 4/20/2004, Entered: 4/20/2004 Transcript Court Filing
TRANSCRIPT of Proceedings as to Michele A. Tobin held on February 20, 2003 before Judge J. Frederick Motz. (Court Reporter: Mary Zajac) (amf, Deputy Clerk)
 -- Filed: 4/23/2004, Entered: 4/27/2004 Sentencing
Sentencing as to Michele A. Tobin. held before Judge J. Frederick Motz. (Court Reporter M. Zajac.) (dms, Deputy Clerk)
 52 Filed: 5/4/2004, Entered: 5/4/2004 Notice (Other)
NOTICE of Change of Address as to Michele A. Tobin .(amf, Deputy Clerk)
 53 Filed: 5/4/2004, Entered: 5/4/2004 Order Court Filing
ORDER dismissing Counts 2 thru 10 of the Indictment as to Michele A. Tobin. Signed by Judge J. Frederick Motz on 5/04/04. (c/m af) (amf, Deputy Clerk)
 54 Filed: 5/5/2004, Entered: 5/5/2004 Judgment Court Filing
JUDGMENT as to Michele A. Tobin (4), Count(s) 1, Imprisonment 108 months; Supervised Release 5 years; Special Assessment $100.00; Restitution $2,499,000.00; Count(s) 10, 2-4, 5, 6-9, DISMISSED. Signed by Judge J. Frederick Motz on 5/05/04. (c/m af) (amf, Deputy Clerk)
 55 Filed: 5/5/2004, Entered: 5/6/2004, Terminated: 8/20/2004 Notice of Appeal - Final Judgment
NOTICE OF APPEAL by Michele A. Tobin re [54] Judgment. (c/s) (das, Deputy Clerk) Modified on 5/6/2004 (das, Deputy Clerk). (fee not required- CJA) (originally filed 4/29/04 before judgment entered)
 -- Filed: 5/6/2004, Entered: 5/6/2004, Terminated: 9/10/2004 Transmission of Notice of Appeal and Docket Sheet
Transmission of Notice of Appeal and Docket Sheet as to Michele A. Tobin to US Court of Appeals re [55] Notice of Appeal - Final Judgment (das, Deputy Clerk)
 58 Filed: 5/19/2004, Entered: 5/19/2004, Terminated: 9/10/2004 Transcript - Appeal Court Filing
TRANSCRIPT filed as to Michele A. Tobin for dates of 4/23/04 before Judge Motz, re [55] Notice of Appeal - Final Judgment Court Reporter: Mary Zajac. (Filed Separately)(sls, Deputy Clerk)
 -- Filed: 5/24/2004, Entered: 5/24/2004, Terminated: 9/10/2004 USCA Case Number
USCA Case Number as to Michele A. Tobin 04-4355 for [55] Notice of Appeal - Final Judgment filed by Michele A. Tobin. (Case Manager: Rowe) (sls, Deputy Clerk)
 59 Filed: 5/24/2004, Entered: 5/24/2004, Terminated: 9/10/2004 USCA Order
ORDER of USCA (certified copy) "APPOINTING" Joseph R. conte as counsel for appellant as to Michele A. Tobin re [55] Notice of Appeal - Final Judgment (sls, Deputy Clerk)
 60 Filed: 5/27/2004, Entered: 5/27/2004 Amended Judgment Court Filing
AMENDED JUDGMENT as to Michele A. Tobin (4), Count(s) 1, Imprisonment 108 months; Supervised Release 5 years; Special Assessment $100.00; Restitution $2,499,000.00; Count(s) 10, 2-4, 5, 6-9, DISMISSED. Signed by Judge J. Frederick Motz on 5/26/04. (c/m af) (amf, Deputy Clerk)
 61 Filed: 5/28/2004, Entered: 5/28/2004, Terminated: 9/10/2004 Certificate of Clerk
Certificate of Clerk certifying the record is complete for appeal purposes re: [55] Notice of Appeal - Final Judgment (das, Deputy Clerk)
 67 Filed: 8/20/2004, Entered: 8/20/2004, Terminated: 9/10/2004 USCA Order
ORDER of USCA (certified copy)"GRANTING" appellee's motion to DISMISS as to Michele A. Tobin re [55] Notice of Appeal - Final Judgment (sls, Deputy Clerk)
 68 Filed: 8/20/2004, Entered: 8/20/2004, Terminated: 9/10/2004 USCA Judgment
JUDGMENT of USCA (certified copy)"DISMISSING" the appeal as to Michele A. Tobin re [55] Notice of Appeal - Final Judgment (sls, Deputy Clerk)
 70 Filed: 9/10/2004, Entered: 9/15/2004 USCA Mandate
MANDATE of USCA (certified copy) as to Michele A. Tobin re [55] Notice of Appeal - Final Judgment (sls, Deputy Clerk)
 71 Filed: 10/6/2004, Entered: 10/6/2004, Terminated: 9/22/2005 Motion to Vacate (2255)
MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action JFM-04-3177) by Michele A. Tobin. (2c/s) (amf, Deputy Clerk)
 72 Filed: 10/8/2004, Entered: 10/8/2004 Order Court Filing
SHOW CAUSE ORDER as to Michele A. Tobin. Signed by Judge J. Frederick Motz on 10/08/04. (c/m af) (amf, Deputy Clerk)
 75 Filed: 12/21/2004, Entered: 12/21/2004 Response to Motion
RESPONSE to Motion by USA as to Michele A. Tobin re [71] MOTION to Vacate under 28 U.S.C. 2255. (2c/s) ( Civil Action JFM-04-3177) (amf, Deputy Clerk)
 76 Filed: 9/22/2005, Entered: 9/23/2005 Memorandum Opinion Court Filing
MEMORANDUM as to Michele A. Tobin. Signed by Judge J. Frederick Motz on 9/22/05. (c/m vl 9/22/05 jlb, Deputy Clerk) (For Original Document See Civil #JFM-03-037) Modified on 9/23/2005 (jlb, Deputy Clerk).
 77 Filed: 9/22/2005, Entered: 9/23/2005 Order on Motion to Vacate (2255) Court Filing
ORDER denying [71] Motion to Vacate (2255) as to Michele A. Tobin (4). Signed by Judge J. Frederick Motz on 9/22/05. (For Original Document See Civl #JFM-04-3177) (c/m vl 9/22/05 jlb, Deputy Clerk)

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