Minnesota District Court, Case No. 0:02-cr-00127-ADM-AJB:
USA v. Martin

Tags No tags have been applied so far. Sign in to add some.
United States of America, Plaintiff

Mark D Larsen
Lindquist & Vennum, PLLP
Phone: +1 612 371 3211
Fax: +1 612 371 3207
E-Mail: mlarsen@lindquist.com

David M Genrich
United States Department of Justice
Phone: +1 612 664 5600
Fax: +1 612 664 5786
E-Mail: david.genrich@usdoj.gov

Read between the lines with PlainSite Pro.
Citations, analytics, filtering, commenting, judge profiles, and more—as low as $99 per month.
Office DMN
Filed 4/17/2002
County Hennepin
Terminated 12/2/2005
Reopened
Magistrate Case
001-mj-00437
Count 1
Citation Section 18 U.S.C. § 1951.F
Offense Level 4
181951 CONSPIRACY TO EXTORT UNDER COLOR OF OFFICIAL RIGHT
Count 2
Citation Section 18 U.S.C. § 1951.F
Offense Level 4
181951 EXTORTION UNDER COLOR OF OFFICIAL RIGHT
Count 3
Citation Section 18 U.S.C. § 1001.F
Offense Level 4
181001(a)(2) FALSE STATEMENT
Count 4
Citation Section 29 U.S.C. § 501C.F
Offense Level 4
182(a) and (b) AIDING AND ABETTING THEFT FROM LABOR ORGANIZATION
Count 5
Citation Section 18 U.S.C. § 1341.F
Offense Level 4
181341 and 181346 MAIL FRAUD
Count 1s
Citation Section 18 U.S.C. § 1951.F
Offense Level 4
181951 CONSPIRACY TO EXTORT UNDER COLOR OF OFFICIAL RIGHT
Count 2s
Citation Section 18 U.S.C. § 1951.F
Offense Level 4
181951 EXTORTION UNDER COLOR OF OFFICIAL RIGHT
Count 3s
Citation Section 18 U.S.C. § 1001.F
Offense Level 4
181001(a)(2) FALSE STATEMENT
Count 4s
Citation Section 29 U.S.C. § 501C.F
Offense Level 4
182(a) and (b) AIDING AND ABETTING THEFT FROM LABOR ORGANIZATION
Count 5s-7s
Citation Section 18 U.S.C. § 1341.F
Offense Level 4
181341 and 1346 MAIL FRAUD
Count 1ss
Citation Section 18 U.S.C. § 1951.F
Offense Level 4
181951 CONSPIRACY TO EXTORT UNDER COLOR OF OFFICIAL RIGHT
Count 2ss
Citation Section 18 U.S.C. § 1951.F
Offense Level 4
181951 EXTORTION UNDER COLOR OF OFFICIAL RIGHT
Count 3ss
Citation Section 18 U.S.C. § 1001.F
Offense Level 4
181001 FALSE STATEMENT
Count 4ss
Citation Section 29 U.S.C. § 501C.F
Offense Level 4
182(a) and (b) AID AND ABETT THOMAS JAMES MARTIN (1) IN THEFT FROM LABOR ORGANIZATION IN VIOLATION OF 29501(c)
Count 5ss-7ss
Citation Section 18 U.S.C. § 1341.F
Offense Level 4
181341 and 1346 MAIL FRAUD
Count 8ss
Citation Section 18 U.S.C. § 1341.F
Offense Level 4
181341 and 1346 MAIL FRAUD
Def Custody Status Released
Flags 4DIV, CLOSED, FRC
 1 Filed: 1/8/2002, Entered: 1/9/2002 Order Court Filing
PETITION FOR AN ORDER SEALING SEARCH WARRANT, AFFIDAVIT, RETURN, PETITION and ORDER FOR SEALING by Magistrate Judge E. S. Swearingen. The Search Warrants, Affidavits, Returns and Petition for Sealing are hereby sealed until further order of this Court. 4pgs * filed under seal * [ 0:01-m -437 ] (LEG) Modified on 01/09/2002
 2 Filed: 1/8/2002, Entered: 1/9/2002 Utility - Miscellaneous
LETTER to court from plaintiff USA re: search warrants. 2pgs ** filed under seal ** [ 0:01-m -437 ] (LEG)
 3 Filed: 1/8/2002, Entered: 1/9/2002 Miscellaneous Document
APPLICATION by plaintiff USA & attached affidavit of John Paul Fagan (FBI) w/attachments for search warrant dated 12/12/01. 24pgs * filed under seal * [ 0:01-m -437 ] (LEG)
 4 Filed: 1/8/2002, Entered: 1/9/2002 Search Warrant Returned Executed
SEARCH warrant returned unexecuted as to doc # 3. 3pgs * filed under seal * [ 0:01-m -437 ] (LEG) Modified on 01/09/2002
 5 Filed: 1/8/2002, Entered: 1/9/2002 Miscellaneous Document
APPLICATION by plaintiff USA & attached affidavit of John Paul Fagan (FBI) w/attachments for search warrant dated 12/12/01. 25pgs * filed under seal * [ 0:01-m -437 ] (LEG)
 6 Filed: 1/8/2002, Entered: 1/9/2002 Search Warrant Returned Executed
SEARCH warrant returned unexecuted as to doc # 5. 3pgs * filed under seal * [ 0:01-m -437 ] (LEG)
 7 Filed: 1/8/2002, Entered: 1/9/2002 Miscellaneous Document
APPLICATION by plaintiff USA & attached affidavit of John Paul Fagan (FBI) w/attachments for search warrant dated 12/12/01. 24pgs * filed under seal * [ 0:01-m -437 ] (LEG)
 8 Filed: 1/8/2002, Entered: 1/9/2002 Search Warrant Returned Executed
SEARCH warrant returned unexecuted as to doc # 7. 3pgs * filed under seal * [ 0:01-m -437 ] (LEG)
 9 Filed: 2/12/2002, Entered: 2/12/2002 Order Court Filing
PETITION and ORDER FOR SEALING SEALING SEARCH WARRANTS, AFFIDAVITS, RETURNS, AND [this] PETITION AND ORDER by Magistrate Judge J. Earl Cudd. Sealed until further order of the court. (3 pages) *filed under seal* [ 0:01-m -437 ] (PJS)
 10 Filed: 2/12/2002, Entered: 2/12/2002 Miscellaneous Document
APPLICATION by USA for search warrant, AFFIDAVIT of John Paul Fagan, FBI, and ORDER (JEC, 1/29/02). 27 pages *filed under seal* [ 0:01-m -437 ] (PJS)
 11 Filed: 2/12/2002, Entered: 2/12/2002 Search Warrant Returned Executed
SEARCH warrant returned unexecuted. (3 pages) *filed under seal* [ 0:01-m -437 ] (PJS)
 12 Filed: 2/12/2002, Entered: 2/12/2002 Miscellaneous Document
APPLICATION by USA for search warrant, AFFIDAVIT of John Paul Fagan, FBI, and ORDER (JEC, 1/29/02). 27 pages *filed under seal* [ 0:01-m -437 ] (PJS)
 13 Filed: 2/12/2002, Entered: 2/12/2002 Search Warrant Returned Executed
SEARCH warrant returned unexecuted. (3 pages) *filed under seal* [ 0:01-m -437 ] (PJS)
 14 Filed: 2/12/2002, Entered: 2/12/2002 Miscellaneous Document
APPLICATION by USA for search warrant, AFFIDAVIT of John Paul Fagan, FBI, and ORDER (JEC, 1/29/02). 27 pages *filed under seal* [ 0:01-m -437 ] (PJS)
 15 Filed: 2/12/2002, Entered: 2/12/2002 Search Warrant Returned Executed
SEARCH warrant returned unexecuted. (3 pages) *filed under seal* [ 0:01-m -437 ] (PJS)
 16 Filed: 3/1/2002, Entered: 3/4/2002 Order Court Filing
PETITION and ORDER FOR SEALING SEARCH WARRANT, AFFIDAVIT, RETURN, AND [this] PETITION AND ORDER by Magistrate Judge E. S. Swearingen until further order of the court. (4 pgs) *filed under seal* [ 0:01-m -437 ] (PJS)
 17 Filed: 3/1/2002, Entered: 3/4/2002 Miscellaneous Document
APPLICATION by USA for search warrant, AFFIDAVIT of John Paul Fagan, FBI, and ORDER (ESS, 1/22/02). 27 pages *filed under seal* [ 0:01-m -437 ] (PJS)
 18 Filed: 3/1/2002, Entered: 3/4/2002 Search Warrant Returned Executed
SEARCH warrant returned unexecuted. (3 pages) *filed under seal* [ 0:01-m -437 ] (PJS)
 19 Filed: 3/1/2002, Entered: 3/4/2002 Miscellaneous Document
APPLICATION by USA for search warrant, AFFIDAVIT of John Paul Fagan, FBI, and ORDER (ESS, 1/22/02). 27 pages *filed under seal* [ 0:01-m -437 ] (PJS)
 20 Filed: 3/1/2002, Entered: 3/4/2002 Search Warrant Returned Executed
SEARCH warrant returned unexecuted. (3 pages) *filed under seal* [ 0:01-m -437 ] (PJS)
 21 Filed: 3/1/2002, Entered: 3/4/2002 Miscellaneous Document
APPLICATION by USA for search warrant, AFFIDAVIT of John Paul Fagan, and ORDER (ESS, 1/22/02). 27 pages *filed under seal* [ 0:01-m -437 ] (PJS)
 22 Filed: 3/1/2002, Entered: 3/4/2002 Search Warrant Returned Executed
SEARCH warrant returned unexecuted. (3 pages) *filed under seal* [ 0:01-m -437 ] (PJS)
 23 Filed: 3/19/2002, Entered: 3/19/2002 Order Court Filing
PETITION and ORDER FOR SEALING SEARCH WARRANT, AFFIDAVIT, RETURN, AND [this] PETITION AND ORDER FOR SEALING by Magistrate Judge E. S. Swearingen. (4 pages) *sealed until further order of the court* [ 0:01-m -437 ] (PJS)
 24 Filed: 3/19/2002, Entered: 3/19/2002 Miscellaneous Document
APPLICATION by USA for search warrant, AFFIDAVIT of John Paul Fagan, FBI, and ORDER (ESS, 3/5/02). 37 pages *filed under seal* [ 0:01-m -437 ] (PJS)
 25 Filed: 3/19/2002, Entered: 3/19/2002 Search Warrant Returned Executed
SEARCH warrant returned executed 3/7/02. (5 pages) *filed under seal* [ 0:01-m -437 ] (PJS)
 -- Filed: 4/17/2002, Entered: 4/18/2002 Warrant Issued
BENCH WARRANT issued for Thomas James Martin, Joseph Paul Biernat, Joseph William Martin by Judge Michael J. Davis. (
 -- Filed: 4/17/2002, Entered: 4/18/2002 Order
ORAL ORDER (MJD) sealing case. (
 26 Filed: 4/17/2002, Entered: 4/18/2002 Indictment Court Filing
INDICTMENT assigned to Judge Ann D. Montgomery and referred to Magistrate Judge Arthur J. Boylan by USA Mark D Larsen. Counts filed against Thomas James Martin (1) count(s) 1, 4, 5, 6, 7, Joseph Paul Biernat (2) count(s) 1, 2, 3, 4, 5, Joseph William Martin (3) count(s) 7. Warrant issued for Thomas James Martin, Joseph Paul Biernat, Joseph William Martin. (
 -- Filed: 4/18/2002, Entered: 4/18/2002 Order
ORAL ORDER Per Mark Larsen case unsealed. (
 31 Filed: 4/19/2002, Entered: 4/22/2002 Initial Appearance Court Filing
MINUTES: before Magistrate Judge J. Earl Cudd first appearance of Joseph Paul Biernat (2). $25,000 RPR bond set. Atty Jan Symchych present as retained counsel. Tape: 02 7 494-637. 1 pg (
 32 Filed: 4/19/2002, Entered: 4/22/2002 Arraignment Court Filing
MINUTES: before Magistrate Judge J. Earl Cudd dft Joseph Paul Biernat (2) arraigned; not guilty plea entered; Attorney Jan Symchych present. Disclosure due 4/29/02 ; pretrial motions due 5/8/02; motion hearing set for 9:00 on 5/15/02 before AJB; Voir Dire / Jury Instructions due 6/24/02; jury trial set for 9:30 on 7/1/02 before ADM. Tape: 02 7 494-637. 1 pg (
 33 Filed: 4/19/2002, Entered: 4/22/2002 Order Setting Conditions of Release Court Filing
ORDER SETTING CONDITIONS OF RELEASE by Magistrate Judge J. Earl Cudd for Joseph Paul Biernat (2) in the amount of $25,000 RPR. 3 pg(s) (
 34 Filed: 4/19/2002, Entered: 4/22/2002 Utility - Miscellaneous
APPEARANCE BOND ($25,000 RPR executed on 4/19/02) by Joseph Paul Biernat (2). 1pg (
 35 Filed: 4/19/2002, Entered: 4/22/2002 Order Court Filing
ORDER (Magistrate Judge J. Earl Cudd / date signed 4/19/02) pretrial motions due 5/9/02; motion hearing set for 9:00 on 5/12/02 before AJB; Voir Dire / Jury Instructions due 6/24/02; jury trial set for 9:30 on 7/1/02 before ADM for Thomas James Martin (1). (cc: all counsel) 2 pgs (
 36 Filed: 4/19/2002, Entered: 4/22/2002 Order Court Filing
ORDER (Magistrate Judge J. Earl Cudd / date signed 4/19/02) pretrial motions due 5/8/02; motion hearing set for 9:00 on 5/15/02 before AJB; Voir Dire / Jury Instructions due 6/24/02; jury trial set for 9:30 on 7/1/02 before ADM for Joseph William Martin (3). (cc: all counsel) 2 pgs (
 37 Filed: 4/22/2002, Entered: 4/23/2002 Order Court Filing
ARRAIGNMENT ORDER by Magistrate Judge J. Earl Cudd (Date Signed: 4/21/02) as to Joseph Paul Biernat (02). Same as minutes, Doc. 32. (2 pages) (PJS)
 40 Filed: 4/22/2002, Entered: 4/24/2002 Warrant Returned Executed
BENCH Warrant returned executed as to Joseph Paul Biernat (2) 4/19/02. 1pg (
 41 Filed: 4/22/2002, Entered: 4/24/2002 Order Court Filing
ARRAIGNMENT ORDER by Magistrate Judge J. Earl Cudd (Date Signed: 4/21/02) as to Joseph Paul Biernat (2). Same as minutes, Doc. 32. 2 pg(s) (
 42 Filed: 4/23/2002, Entered: 4/24/2002 Order Court Filing
ORDER (Magistrate Judge Arthur J. Boylan / date signed 4/24/02) pretrial motions due 5/22/02; motion hearing set for 9:00 on 5/29/02 before AJB for Thomas James Martin (1), Joseph Paul Biernat (2), and Joseph William Martin (3); (cc: all counsel) 1pg (
 43 Filed: 4/23/2002, Entered: 4/25/2002 Order Court Filing
AMENDED ORDER (Magistrate Judge J. Earl Cudd / date signed 4/23/02) pretrial motions due 5/8/02; motion hearing set for 9:00 on 5/15/02 before AJB; Voir Dire / Jury Instructions due 6/24/02; jury trial set for 9:30 on 7/1/02 before ADM for Joseph Paul Biernat (2). (cc: all counsel) 2 pgs (
 51 Filed: 5/21/2002, Entered: 5/22/2002 Indictment
SUPERSEDING INDICTMENT as to Thomas James Martin (1) counts 1s, 4s, 5s-7s, 8s, 9s, 10s, 11s, 12s, 13s, 14s, Joseph Paul Biernat (2) counts 1s, 2s, 3s, 4s, 5s-7s and Joseph William Martin (3) count 11s. 15pgs (LEG)
 52 Filed: 5/22/2002, Entered: 5/23/2002, Terminated: 9/16/2002 Motion for Discovery
MOTION for discovery and inspection by Joseph Paul Biernat (2). 3 pgs (
 53 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Disclosure
MOTION for disclosure of 404(b) evidence by Joseph Paul Biernat (2). 2 pgs (
 54 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Discovery
MOTION for discovery of rule 16(a)(1)(E) evidence. by Joseph Paul Biernat (2). 2 pgs (
 55 Filed: 5/22/2002, Entered: 5/23/2002 Motion to Compel
MOTION to compel attorney to disclose evidence favorable to the deft by Joseph Paul Biernat (2). 3 pgs (
 56 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Disclosure
MOTION for early disclosure of Jencks act material by Joseph Paul Biernat (2). 2 pgs (
 57 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Miscellaneous Relief
MOTION to require gov't agents to retain rough notes and evidence by Joseph Paul Biernat (2). 2 pgs (
 58 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Disclosure
MOTION for disclosure and to make informant available for interview by Joseph Paul Biernat (2). 3 pgs (
 59 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Disclosure
MOTION for disclosure of post conspiracy statements of co-defts and unindicted co-conspirator by Joseph Paul Biernat (2). 2 pgs (
 60 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Discovery
MOTION for discovery and inspection of products and records of electronic surveillance by Joseph Paul Biernat (2). 2 pgs (
 61 Filed: 5/22/2002, Entered: 5/23/2002, Terminated: 5/30/2002 Motion for Bill of Particulars
MOTION for a bill of particulars by Joseph Paul Biernat (2). 2 pgs (
 62 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Miscellaneous Relief
MOTION for list of govt witnesses by Joseph Paul Biernat (2). 2 pgs (
 63 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Miscellaneous Relief
MOTION for juror questionnaire by Joseph Paul Biernat (2). 2 pgs (
 64 Filed: 5/22/2002, Entered: 5/23/2002 Motion for Miscellaneous Relief
MOTION for relief from improper joinder of counts 8, 9, 10, 11, 12, 13 & 14 by Joseph Paul Biernat (2). 1 pg (
 65 Filed: 5/22/2002, Entered: 5/23/2002 Motion to Sever Defendant
MOTION for severance of defts for trial by Joseph Paul Biernat (2). 3 pgs (
 66 Filed: 5/22/2002, Entered: 5/23/2002 Motion to Compel
MOTION to compel production of guideline sentencing information by Joseph Paul Biernat (2). 4 pgs (
 67 Filed: 5/22/2002, Entered: 5/23/2002 Motion to Suppress
MOTION/MEMORANDUM to suppress statements, admissions, and answers by Joseph Paul Biernat (2). 9 pgs (
 68 Filed: 5/22/2002, Entered: 5/23/2002 Motion to Dismiss
MOTION to dismiss counts I and II for unconstitutionality as applied and for lack of jurisdiction by Joseph Paul Biernat (2). 3 pgs (
 69 Filed: 5/22/2002, Entered: 5/23/2002 Motion to Dismiss
MOTION to dismiss counts I and II for unconstitutionality as applied and for lack of federal jurisdiction by Joseph Paul Biernat (2). 1 pg (
 70 Filed: 5/22/2002, Entered: 5/23/2002 Motion to Dismiss
MOTION to dismiss counts I and II for failure to state and offense against the United States by Joseph Paul Biernat (2). 2 pgs (
 71 Filed: 5/22/2002, Entered: 5/23/2002 Motion to Dismiss
MOTION to dismiss count I for legal impossibility by Joseph Paul Biernat (2). 1 pg (
 72 Filed: 5/22/2002, Entered: 5/23/2002 Affidavit
DECLARATION of Janice M. Symchych in support of motion by defendant Biernat to suppress. 121 pgs (
 75 Filed: 5/23/2002, Entered: 5/24/2002 Order Court Filing
ORDER ( Magistrate Judge Arthur J. Boylan / date signed 5/23/02) granting deft Thomas Martin's motion for continuance of motion hearing [73-1] as to Thomas James Martin (01), Joseph Paul Biernat (02), and Joseph William Martin (03): pretrial motions due 6/6/02; motion hearing set for 9:00 a.m. on 6/13/02 before AJB. Counsel will be notified of new trial date by ADM's chambers. (cc: all counsel) 2 pages (PJS)
 76 Filed: 5/23/2002, Entered: 5/24/2002 Response to Motion
GOVT'S PRE-HEARING RESPONSE to deft Biernat's (2) motion #3 requesting items falling outside discovery pursuant to Rule 16. 6pgs (LEG)
 77 Filed: 5/24/2002, Entered: 5/28/2002 Waiver - Miscellaneous
WAIVER OF SPEEDY TRIAL by defendant Joseph Paul Biernat (2). 1pg (2 copies to ADM) (LEG)
 79 Filed: 5/28/2002, Entered: 5/29/2002 Response to Motion
PRE-HEARIGN RESPONSE by plaintiff USA to deft Biernat's (2) motion no. 11 for a bill of particulars [61-1]. 7pgs (LEG)
 80 Filed: 5/29/2002, Entered: 5/30/2002 Minutes Court Filing
MINUTES: before Magistrate Judge Arthur J. Boylan for motion hearing as to Thomas James Martin (1) and Joseph Paul Biernat (2): motions taken under advisement as of 5/29/02. Order to be issued. Court Reporter: Patrick Mahon. 1pg (LEG)
 81 Filed: 5/30/2002, Entered: 5/31/2002 Order Court Filing
ORDER (Magistrate Judge Arthur J. Boylan / date signed 5/30/02) AS TO MOTIONS FILED BY DEFT JOSEPH PAUL BIERNAT (2) [61-1] 1. Deft Biernat's motion for a bill of particulars is DENIED. Deft's motion to suppress statements, admissions and answers is DENIED IN PART AND DEFERRED IN PART PENDING FURTHER ORDER (cc: all counsel). 4pgs (LEG)
 82 Filed: 6/3/2002, Entered: 6/4/2002 Transcript (Conventional)
TRANSCRIPT OF ARRAIGNMENT & MOTION HEARING held 5/29/02 before AJB as to Thomas James Martin (01), Joseph Paul Biernat (02), and Joseph William Martin (03). (Court Reporter: Patrick Mahon). 43 pages (SEPARATE) (PJS)
 83 Filed: 6/5/2002, Entered: 6/6/2002 Order Court Filing
ORDER ON IN CAMERA MATERIALS (Magistrate Judge Arthur J. Boylan / date signed 6/5/02) as to Thomas James Martin (1), Joseph Paul Biernat (2) and Joseph William Martin (3). 1. Deft Biernat's request for disclosure of personnel files of FBI Special Agent Sean Boylan is DENIED. 2. Deft Biernat's request for disclosure of documents which recite local and national policies on criminal investigation interrogations conducted by FBI special agents is GRANTED * please see the order for specicfic details re: the disclosure of certain materials * All of the referenced documents (to be disclosed) shall remain confidential, and shall be disclosed only to counsel for deft Biernat (2). Following the conclusion of this case, counsel for deft Biernat (2) shall return the documents to the atty for the gov't. Copies shall not be made except by order of this Court. The gov't shall be responsible for producing the document copies to counsel for deft Biernat (2) and shall have until 1:00 p.m. on 6/7/02, to either deliver the documents or formally advise the Court and defense counsel of its intent to appeal this Order for disclosure to Disctrict Court. Copies in the Court's possession will be destroyed (cc: all counsel). 3pgs (LEG)
 85 Filed: 6/10/2002, Entered: 6/11/2002 Response to Motion
GOVT'S PRE-HEARING RESPONSE TO DEFT BIERNAT'S (2) MOTIONS [71-1], [70-1], [69-1], [68-1], [67-1], [66-1], [65-1], [64-1], [63-1], [62-1], [60-1], [59-1], [58-1], [57-1], [56-1], [55-1], [54-1], [53-1], [52-1]. 24pgs (LEG)
 86 Filed: 6/10/2002, Entered: 6/11/2002, Terminated: 6/12/2002 Motion for Extension of Time to File
NOTICE OF MOTION AND MOTION for leave to extend the suppression hearing or in the alternative, to postpone the suppression hearing by Joseph Paul Biernat (2). 2pg(s) (LEG)
 87 Filed: 6/10/2002, Entered: 6/11/2002, Terminated: 7/1/2002 Appeal re: Misdemeanor Case - Magistrate Judge - J Court Filing
APPEAL AND MEMORANDUM from Orders by Magistrate Judge Boylan filed on 5/30/02 and 6/5/02 [81-1] [83-2] by defendant Joseph Paul Biernat (2). 9pgs (LEG)
 88 Filed: 6/10/2002, Entered: 6/11/2002 Affidavit
AFFIDAVIT of Kimberly Fuhrman W/ATTACHMENTS by defendant Joseph Paul Biernat (2). 54pgs (LEG)
 89 Filed: 6/12/2002, Entered: 6/12/2002 Notice of Attorney Appearance/Substitution - Defen
NOTICE OF APPEARANCE of co-counsel for Joseph Paul Biernat (02) by Kimberly A Fuhrman. (1 page) (PJS)
 90 Filed: 6/12/2002, Entered: 6/12/2002 Order Court Filing
ORDER CONTINUING SUPPRESSION HEARING (Magistrate Judge Arthur J. Boylan / 6/11/02) as to Thomas Martin (01), and Joseph Biernat (02), and Joseph Martin (03) granting deft Joseph Biernat's (02) motion for leave to extend the suppression hearing or in the alternative, to postpone the suppression hearing [86-1]. The hearing will be rescheduled upon resolution of the pending appeal before ADM. (cc: all counsel) 2 pages (PJS)
 91 Filed: 6/14/2002, Entered: 6/17/2002 Memorandum in Opposition to Motion
MEMORANDUM by USA in opposition to deft Joseph Biernat's (02) appeal from magistrate judge orders [87-1]. 11 pages (PJS)
 94 Filed: 7/1/2002, Entered: 7/2/2002 Order Court Filing
MEMORANDUM, OPINION AND ORDER: by Judge Ann D. Montgomery, that Judge Boylan's order of 5/30/02 and 6/5/02 are affirmed; APPEAL AND MEMORANDUM from Orders by Magistrate Judge Boylan filed on 5/30/02 and 6/5/02 [87-1] is denied as to Joseph Paul Biernat. (cc: all counsel) 6 pgs (
 95 Filed: 7/8/2002, Entered: 7/8/2002 Notice of Hearing
NOTICE of motion hearing set for 9:00 on 7/25/02 for Thomas James Martin (1), Joseph Paul Biernat (2), Joseph William Martin (3) before Boylan. (copies dist'd). 1 pg (
 96 Filed: 7/18/2002, Entered: 7/19/2002 Motion in Limine
MOTION in limine for order requiring evidence to pertain to the facts and legal issues of this case by USA as to Joseph Paul Biernat (2). 6pg(s) (LEG)
 97 Filed: 7/19/2002, Entered: 7/22/2002 Response to Motion
RESPONSE by defendant Joseph Paul Biernat (2) to govt's motion in limine for order requiring evidence to pertain to the facts and legal issues of this case [96-1]. 9pgs (LEG)
 98 Filed: 7/19/2002, Entered: 7/22/2002 Motion to Compel
MOTION to compel the attendance of FBI Agents Bisswurm, Boylan, Mento & THompson by Joseph Paul Biernat (2). 9 pg(s) (second part of doc # 98) (LEG)
 99 Filed: 7/19/2002, Entered: 7/22/2002 Motion to Amend/Correct
MOTION to amend the Order of 6/5/02 to permit examination of witnesses through, and admissions, of the FBI manual as an exhibit, given its public availability by Joseph Paul Biernat (2). 9pg(s) (third part of doc # 97) (LEG)
 100 Filed: 7/19/2002, Entered: 7/22/2002 Affidavit
AFFIDAVIT of Kimberly Fuhrman witha ttached exhibits A, B, C, D, E & G, exhibit F is ** FILED UNDER SEAL ** by deft Joseph Paul Biernat (2) to response to motion in limine of the USA and motion to compel presence of witnesses and motion to amend order of 6/5/02 [97-1] [98-1] & [99-1]. 29pgs + Exhibit F, which is filed under seal (LEG)
 101 Filed: 7/22/2002, Entered: 7/23/2002 Minutes Court Filing
MINUTES: before Magistrate Judge Arthur J. Boylan for telephone conference in re: appearances of gov't witnesses as to defts Thomas James Martin (1) and Joseph Paul Biernat (2). Mr. Larry Baill appears for Mr. Yost on behalf of deft Joseph Martin (3). 1pg (LEG)
 102 Filed: 7/22/2002, Entered: 7/23/2002 Response to Motion
RESPONSE TO MOTIONS by USA to as to deft Joseph Paul Biernat (02). 14 pages (PJS)
 103 Filed: 7/24/2002, Entered: 7/25/2002 Memorandum in Opposition to Motion
NON-PARTY MEMORANDUM of Star Tribune in opposition to deft Beiernat's requests for telephonic in limine hrg & order sealing statements of deft. (Per Law Clerk for AJB, this matter is moot, AJB as authorized the press to hear tape of hrg). 14pgs (
 104 Filed: 7/25/2002, Entered: 7/30/2002 Minutes Court Filing
MINUTES before Magistrate Judge Arthur J. Boylan for MOTION HEARING as to Thomas James Martin (01) and Joseph Paul Biernat (02): Motions heard; hearing cont'd to 9:30 a.m. on 8/1/03. Court Reporter: Kim Evavold (a.m.) and Tim Willette (p.m.). (1 page) (PJS)
 105 Filed: 7/30/2002, Entered: 7/31/2002 Transcript (Conventional)
TRANSCRIPT OF MOTION HEARING held 7/25/02 before AJB as to defts Thomas James Martin (1), Joseph Paul Biernat (2) and Joseph William Martin (3) (Court Reporter: Kimberly Evavold, Shaddix & Associates). 148pg(s) (SEPARATE) (LEG)
 106 Filed: 8/1/2002, Entered: 8/1/2002 Utility - Miscellaneous
OFFER OF PROOF REGARDING CZICHRAY CASE as to Joseph Paul Biernat (02). 7 pages (PJS)
 107 Filed: 8/1/2002, Entered: 8/1/2002 Memorandum in Support of Motion
MEMORANDUM AND SHOWING by deft Joseph Paul Biernat (02) under Press-Enterprise Co. v Superior Court of California. (9 pages) (PJS)
 108 Filed: 8/1/2002, Entered: 8/1/2002 Miscellaneous Document
DECLARATION of Kimberly Fuhrman in support of deft Joseph Paul Biernat's (02) memorandum and showing [107-1]. (185 pages) *separate* (PJS)
 116 Filed: 8/1/2002, Entered: 8/6/2002 Minutes Court Filing
MINUTES: before Magistrate Judge Arthur J. Boylan for motion hearing as to Thomas James Martin (1) & Joseph Paul Biernat (2): motion hearing cont'd to 8/5/02. Exhibits retained by the court. Court Reporter: Lori Case, Case Captioning & Reporting. 1pg (LEG)
 109 Filed: 8/2/2002, Entered: 8/5/2002 Order Court Filing
PETITION OF THE UNITED STATES and ORDER SEALING SEARCH WARRANT, AFFIDAVIT, RETURN, PETITION AND ORDER FOR SEALING as to search warrants re: Thomas J. Martin (1) and Joseph Paul Biernat (2) by Magistrate Judge J. Earl Cudd. 4pgs * filed under seal until further order of the court * (LEG)
 110 Filed: 8/2/2002, Entered: 8/5/2002 Miscellaneous Document
APPLICATION by plaintiff USA with attached affidavit of John Fagan (FBI) for search warrant dated 2/11/02 as to defts Thomas J. Martin (1) and Joseph Biernat (2). 26pgs * filed under seal until further order of the Court * (LEG)
 111 Filed: 8/2/2002, Entered: 8/5/2002 Search Warrant Returned Executed
SEARCH warrant returned NOT executed as to doc # 110 for Thomas James Martin (1) and Joseph Paul Biernat (2). 3pgs * filed under seal * (LEG)
 112 Filed: 8/2/2002, Entered: 8/5/2002 Miscellaneous Document
APPLICATION by plaintiff USA & attached affidavit of John Fagan (FBI) for search warrant dated 2/11/02 as to defts Thomas J. Martin (1) and Joseph Biernat (2). 26pgs * filed under seal until further order of the Court * (LEG)
 113 Filed: 8/2/2002, Entered: 8/5/2002 Search Warrant Returned Executed
SEARCH warrant returned executed on 2/12/02 as to doc # 112 as to Thomas James Martin (1) and Joseph Paul Biernat (2). 4pgs * filed under seal until further order of the Court * (LEG)
 114 Filed: 8/2/2002, Entered: 8/5/2002 Miscellaneous Document
APPLICATION by plaintiff USA & attached affidavit of John Fagan (FBI) dated 2/11/02 as to defts Thomas J. Biernat (1) and Joseph Biernat (2). 26pgs * filed under seal until further order of the Court. * (LEG)
 115 Filed: 8/2/2002, Entered: 8/5/2002 Search Warrant Returned Executed
SEARCH warrant returned not executed as to doc # 114 as to Thomas James Martin (1) and Joseph Paul Biernat (2). 3pgs * filed under seal until further order of the Court * (LEG) Modified on 08/05/2002
 117 Filed: 8/5/2002, Entered: 8/6/2002 Minutes Court Filing
MINUTES: before Magistrate Judge Arthur J. Boylan for motion hearing as to Thomas James Martin (1) and Joseph Paul Biernat (2): deft's addt'l briefs due 8/12/02; govt's addt'l briefs due 8/19/02. Motions taken under advisement as of 8/20/02. Order and R & R to be issued. Exhibits retained by the Court. Court Reporter: Tim Willette. 1pg (LEG)
 118 Filed: 8/9/2002, Entered: 8/12/2002 Transcript (Conventional)
TRANSCRIPT OF MOTION HRG (AFTERNOON SESSION) held 07/25/02 before Boylan as to deft Thomas James Martin (1) and Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 248 pg(s) (SEPARATE) (
 119 Filed: 8/9/2002, Entered: 8/12/2002 Transcript (Conventional)
TRANSCRIPT OF CONT'D MOTION HRG held 08/05/02 before Boylan as to deft Thomas James Martin (1) and Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 181 pg(s) (SEPARATE) (
 120 Filed: 8/12/2002, Entered: 8/13/2002 Transcript (Conventional)
TRANSCRIPT OF MOTION HEARING held 8/1/02 before AJB as to defts Thomas James Martin (1) and Joseph Paul Biernat (2) (Court Reporter: Lor Case, Case Captioning & Reporting). 120pg(s) (SEPARATE) (LEG)
 121 Filed: 8/12/2002, Entered: 8/13/2002 Motion for Miscellaneous Relief
MOTION for relief for fair trial injuries by Joseph Paul Biernat (2). 1 pg (
 122 Filed: 8/12/2002, Entered: 8/13/2002 Memorandum in Support of Motion
MEMORANDUM by deft Joseph Paul Biernat (2) in support motion for relief for fair trial injuries [121-1]. 12 pgs (
 123 Filed: 8/12/2002, Entered: 8/13/2002 Memorandum in Support of Motion
MEMORANDUM by deft Joseph Paul Biernat (2) in support motion to suppress statements of 3/7/02 and 3/8/02 [67-1]. 35 pgs (
 124 Filed: 8/12/2002, Entered: 8/13/2002 Affidavit
AFFIDAVIT of Kimberly Fuhrman by deft Joseph Paul Biernat (2) in support of motion for relief for fair trial injuries [121-1]. [SEPARATE] 209 pags ( Modified on 08/13/2002
 125 Filed: 8/19/2002, Entered: 8/20/2002 Memorandum in Opposition to Motion
GOVT'S MEMORANDUM in opposition to deft Thomas James Martin's motion to suppress statements & answers [48-1]. 4 pgs (
 129 Filed: 8/19/2002, Entered: 8/20/2002 Memorandum in Opposition to Motion
GOVT'S MEMORANDUM by plaintiff USA in opposition to deft Thomas James Martin's motions for change of venue and [126-1], to sever [127-1]. 3 pgs (
 130 Filed: 8/19/2002, Entered: 8/20/2002 Response to Motion
GOVT'S RESPONSE with attachments to motion to suppress statements, admissions, and answers [67-1] as to defendant Joseph Paul Biernat (2). 46 pgs (
 131 Filed: 8/19/2002, Entered: 8/20/2002 Memorandum in Opposition to Motion
GOVT'S MEMORANDUM in opposition to deft Joseph Paul Biernat's motion for relief for alleged fair trial injuries [121-1] and Declaration of Mark D. Larsen w/exhibits. 79 pgs (
 133 Filed: 9/16/2002, Entered: 9/17/2002 Order Court Filing
ORDER (Magistrate Judge Arthur J. Boylan / date signed 9/16/02) as to JOSEPH PAUL BIERNAT (2) deft's motion for discovery and inspection [52-1] is GRANTED; deft's motion for disclosure of 404(b) evidence [53-1] is GRANTED; deft's motion for discovery of rule 16(a)(1)(E) evidence [54-1] is MOOT; deft's motion to compel attorney to disclose evidence favorable to the deft [55-1] is GRANTED; deft's motion for early disclosure of Jencks act material [56-1] is DENIED; deft's motion to require gov't agents to retain rough notes and evidence [57-1] is GRANTED; deft's motion for disclosure and to make informant available for interview [58-1] is DENIED; deft's motion for disclosure of post conspiracy statements of co-defts and unindicted co-conspirator [59-1] is DENIED; deft's motion for discovery and inspection of products and records of electronic surveillance [60-1] is DENIED; deft's motion for list of govt witnesses [62-1] is DENIED; deft's motion for juror questionnaire [63-1] is DENIED; deft's motion for relief from impropor joinder of counts 8,9,10,11,12,13 & 14 will be addressed to the District Court on R & R; deft's motion to order severance of defts for trial will be addressed to the District Court on R & R; deft's motion to compel production of guideline sentencing information [66-1] is DENIED; deft's motion to suppress statements, admissions and answers will be addressed to the District Court on R & R; deft's motion to dismiss counts I and II for unconstitutionality as applied and for lack of jurisdiction will be referred to the District Court on R & R; deft's motin to dismiss counts I and II for unconstitutionality as applied and for lack of federal jurisdiction will be referred to the District Court on R & R; deft's motin to dismiss counts I and II for failure to state an offense against the United States will be referred to the District Court on R & R; deft's motin to dismiss count I for legal impossibility will be referred to the District Court on R & R; deft's motion to compel the attendance of FBI Agents Bisswurm, Boylan, Mento & Thompson [98-1] is MOOT; deft's motion to amend the Order of 6/5/02 to permit examination of witnesses through, and admissions, of the FBI manual as an exhibit, given its public availability [99-1] is moot; deft's motion in limine for an order requiring evidence to pertain to the facts and legal issues of this case [96-1] is MOOT (cc: all counsel by fax and mail). 8pgs (LEG) Modified on 09/17/2002
 134 Filed: 9/16/2002, Entered: 9/17/2002 Report and Recommendation Court Filing
REPORT and RECOMMENDATION by Magistrate Judge Arthur J. Boylan date signed: 9/16/02 AS TO DEFT THOMAS JAMES MARTIN (1) recommends denying motion to suppress statements, admissions, & answers [48-1], recommends denying motion to dismiss count 1 for failure to state an offense against the United States [49-1], recommends denying motion to dismiss Count V for failure to state an offense against the United States [50-1], recommends denying motion for a change of venue [126-1] and recommends denying motion for severance of defts [127-1]. RR Ruling deadline set for 10/16/02 for Thomas James Martin (1) (cc: all counsel by fax and mail). 27pgs (LEG) Modified on 09/17/2002
 135 Filed: 9/16/2002, Entered: 9/17/2002 Report and Recommendation Court Filing
REPORT and RECOMMENDATION by Magistrate Judge Arthur J. Boylan date signed: 9/16/02 as to deft JOSEPH PAUL BIERNAT (2) recommends denying motion for relief from improper joinder of counts 8, 9, 10, 11, 12, 13 & 14 [64-1], recommends denying motion for severance of defts for trial [65-1], recommends denying motion to suppress statements, admissions, and answers [67-1], recommends denying motion to dismiss counts I and II for unconstitutionality as applied and for lack of jurisdiction [68-1], recommends denying motion to dismiss counts I and II for unconstitutionality as applied and for lack of federal jurisdiction [69-1], recommends denying motion to dismiss counts I and II for failure to state and offense against the United States [70-1], recommends denying motion to dismiss count I for legal impossibility [71-1], recommends denying motion for relief for fair trial injuries [121-1]. RR Ruling deadline set for 10/16/02 for Joseph Paul Biernat (2) (cc: all counsel by fax and mail). 27pgs (LEG) Modified on 09/17/2002
 136 Filed: 9/16/2002, Entered: 9/17/2002 Transcript (Conventional)
TRANSCRIPT OF of telephone conference held 7/22/02 before AJB as to defendant Joseph Paul Biernat (2) (Court Reporter: Lisa M. Thorsgaard, Neil K. Johnson Reporting Agency). 18pg(s) (SEPARATE) (LEG)
 137 Filed: 9/16/2002, Entered: 9/17/2002 Exhibit List
EXHIBIT LIST with attached govt's exhibits 1-6 and deft's exhibits 2-5, 7-10 and 12-15, (deft Biernat's exhibits 1 and 6 have been ret'd to counsel) by deft Joseph Paul Biernat (2) as to deft Thomas Martin (1) and Joseph Biernat (2) from hearing held on 7/25/02 and 8/1/02 and 8/5/02. 203pgs + cassette tape and a medicine bottle * located in a separate expandable * (LEG) Modified on 10/21/2002
 138 Filed: 9/23/2002, Entered: 9/24/2002 Motion for Disclosure
MOTION to admit evidence regarding prior bad acts (1993 construction work) by USA as to Thomas James Martin (1) and Joseph Paul Biernat (3). 8pg(s) (LEG)
 139 Filed: 9/23/2002, Entered: 9/24/2002 Brief
GOVT'S TRIAL MEMORANDUM as to deft Thomas James Martin (1) and Joseph Paul Biernat (2). 17pgs (LEG)
 140 Filed: 9/26/2002, Entered: 9/27/2002 Motion for Miscellaneous Relief
JOINT MOTION for pretrial questionnaire of venire by Thomas James Martin (1) Joseph Paul Biernat (2). 2 pgs (
 141 Filed: 9/27/2002, Entered: 9/30/2002 Motion for Miscellaneous Relief
MOTION for protective order regarding witness statements by USA as to Thomas James Martin (1) and Joseph Paul Biernat (2). 4pg(s) (LEG)
 142 Filed: 9/27/2002, Entered: 9/30/2002 Response to Motion
RESPONSE by plaintiff USA to joint motion by deft Martin (1) and deft Biernat (2) for pretrial questionnaire of venire [140-1]. 2pgs (LEG)
 146 Filed: 9/27/2002, Entered: 10/1/2002 Appeal re: Misdemeanor Case - Magistrate Judge - J Court Filing
NOTICE OF APPEAL & APPEAL from Magistrate Judge's order filed 9/16/02 [133-1] by defendant Joseph Paul Biernat (2). 4pgs (LEG) Modified on 10/01/2002
 147 Filed: 9/27/2002, Entered: 10/1/2002 Objection to Report and Recommendations
NOTICE OF OBJECTIONS & OBJECTIONS TO THE 9/16/02 REPORT & RECOMMENDATION by deft Joseph Paul Biernat (2). 11pg(s) (LEG)
 148 Filed: 9/27/2002, Entered: 10/1/2002 Affidavit Court Filing
AFFIDAVIT W/EXHIBITS 1-60 of Kimberly Fuhrman by deft Joseph Paul Biernat (2) in support of deft's appeal of the 9/16/02 order of the Magistrate Judge, and in support of deft's objections to the 9/16/02 Report & Recommendation [147-1][146-1]. * The volume of this document is three (3) expandables and they are separate from the file. * (LEG)
 149 Filed: 9/30/2002, Entered: 10/1/2002 Motion for Miscellaneous Relief
GOVT'S MOTION for order excluding evidence regarding confessions given in other cases as to Thomas James Martin (1) & Joseph Paul Biernat (2). 4 pg(s) (
 150 Filed: 9/30/2002, Entered: 10/1/2002 Response/Reply - Miscellaneous
GOVT'S CONSOLIDATED RESPONSE to deft Thomas James Martin (1) & Joseph Paul Biernat (2) objections to Report & Recommendation and orders issued by the magistrate judge [143-1] & [146-1]. 10 pgs (
 151 Filed: 9/30/2002, Entered: 10/1/2002 Motion in Limine
MOTION in limine for admission of 404(B) evidence against govt witness, special agents Sean Bolan by Joseph Paul Biernat (2). 11 pgs (
 152 Filed: 9/30/2002, Entered: 10/1/2002 Motion for Discovery
RENEWED MOTION for discovery evidence relating to misconduct & discipline of SA Boylan by Joseph Paul Biernat (2). 2nd part of #151 ( Modified on 10/01/2002
 153 Filed: 9/30/2002, Entered: 10/1/2002 Affidavit
AFFIDAVIT of Kimberly Furhman by deft Joseph Paul Biernat (2) in support of # [150-1] & [151-1]. 354 pgs [SEPARATE] (
 154 Filed: 9/30/2002, Entered: 10/1/2002 Motion in Limine
MOTION in limine requesting measures to protect fair trial rights by Joseph Paul Biernat (2). 3 pgs (
 155 Filed: 9/30/2002, Entered: 10/1/2002 Affidavit
AFFIDAVIT of Kimberly Fuhrman by deft Joseph Paul Biernat (2) in support of # [154-1]. 383 pgs [SEPARATE] (
 156 Filed: 9/30/2002, Entered: 10/1/2002 Motion in Limine
MOTION in limine requesting the court to take judicial notice by Joseph Paul Biernat (2). 3 pgs (
 157 Filed: 9/30/2002, Entered: 10/1/2002 Response to Motion
RESPONSE by deft Joseph Paul Biernat (2) to govt's motion for protective order regarding witness statements [141-1]. 2 pgs (
 158 Filed: 10/1/2002, Entered: 10/2/2002 Response to Motion
GOVT'S RESPONSE to deft's motion in limine for admission of 404(B) evidence against govt witness, special agents Sean Boylan [151-1] & renewed motion for discovery evidence relating to misconduct & discipline of SA Boylan [152-1] as to Joseph Paul Biernat (2). 7 pgs (
 159 Filed: 10/1/2002, Entered: 10/2/2002 Memorandum in Opposition to Motion
MEMORANDUM by deft Joseph Paul Biernat (02) in opposition to govt's motion in limine to admit 404(b) evidence [151-1]. 10 pages (PJS)
 160 Filed: 10/4/2002, Entered: 10/8/2002 Response to Motion
RESPONSE by defendant Joseph Paul Biernat (1) to govt's request for severance of deft. 5pgs (LEG)
 161 Filed: 10/4/2002, Entered: 10/8/2002 Motion to Sever Defendant
RENEWED MOTION to sever counts by Joseph Paul Biernat (1). 5pg(s) (second part of doc # 160) (LEG)
 162 Filed: 10/7/2002, Entered: 10/8/2002 Reply to Response
GOVT'S REPLY MEMORANDUM to deft Biernat's (2) response regarding severance [160-1] & [161-1]. 13pgs (LEG)
 164 Filed: 10/10/2002, Entered: 10/11/2002 Response to Motion
RESPONSE by USA to deft's motion in limine requesting the court to take judicial notice [156-1] as to deft Joseph Paul Biernat (02). 4 pages (PJS)
 165 Filed: 10/16/2002, Entered: 10/17/2002 Indictment
SECOND SUPERSEDING INDICTMENT against Thomas James Martin (1) counts 1ss, 4ss, 5ss-8ss, 9ss-13ss, 14ss, 15ss & Joseph (2) counts 1ss, 2ss, 3ss, 4ss, 5ss-8ss. 15pgs (LEG) Modified on 10/17/2002
 168 Filed: 10/23/2002, Entered: 10/23/2002 Order Court Filing
ORDER (Magistrate Judge Arthur J. Boylan / 10/22/02) as to THOMAS MARTIN (01) AND JOSEPH BIERNAT (02): motion hearing & arraignment set for 9:30 a.m. on 10/28/02 before AJB; pretrial motions due 10/24/02. (cc: all counsel, CR) 1 pg (PJS)
 169 Filed: 10/24/2002, Entered: 10/25/2002 Motion to Dismiss
MOTION to dismiss Counts 5-8 of the second superseding indictment by Joseph Paul Biernat (02). 12 pages (PJS)
 170 Filed: 10/24/2002, Entered: 10/25/2002 Motion in Limine
MOTION in limine to exclude purported 404(b) evidence by Joseph Paul Biernat (02). 12 pages/part of Doc. #169 (PJS)
 171 Filed: 10/24/2002, Entered: 10/25/2002 Affidavit
AFFIDAVIT AND EXHIBITS of Janice M. Symchych on behalf of deft Joseph Paul Biernat (02) in support of motion to dismiss [169-1]. 47 pages (PJS)
 172 Filed: 10/25/2002, Entered: 10/29/2002 Memorandum in Opposition to Motion
GOVT'S PREHEARING OPPOSITION TO (A) deft Biernat's (2) motion to dismiss counts 5-8 and to exclude Rule 404(b) evidence; and (B) deft Martin's (1) motions to dismiss count 8 [169-1] [170-1] [167-1] & [166-1]. 12pgs (LEG)
 173 Filed: 10/25/2002, Entered: 10/29/2002 Affidavit
DECLARATION of Mark D. Larsen by pltf USA re: govt's prehearing opposition, doc # 172. 5pgs (LEG)
 174 Filed: 10/28/2002, Entered: 10/29/2002 Motion to Produce
GOVT'S MOTION for production of of deft Biernat's witness list & exhibit list as to Joseph Paul Biernat (2). 7 pgs (
 181 Filed: 10/28/2002, Entered: 11/5/2002 Affidavit
AFFIDAVIT OF SERVICE as to deft Thomas James Martin (1) & Joseph Paul Biernat (2), Re: Prospective Witness List & Proposed Exhibit List. (These documents were not filed per ADM). 2 pgs (
 175 Filed: 10/29/2002, Entered: 10/30/2002 Order Court Filing
MEMORANDUM OPINION AND ORDER (Judge Ann D. Montgomery / 10/28/02) as to JOSEPH PAUL BIERNAT (02) that deft's objections [147-1] are denied; deft's appeal from AJB order of 9/16/02 is denied in part/granted in part [146-1]; deft's motion for relief from improper joinder of counts 8, 9, 10, 11, 12, 13 & 14 [64-1] is moot; deft's motions for severance of defts for trial on improper joinder grounds [65-1], to suppress statements, admissions, and answers [67-1], to dismiss Counts I and II for unconstitutionality as applied and for lack of jurisdiction [68-1], to dismiss Counts I and II for unconstitutionality as applied and for lack of federal jurisdiction [69-1], to dismiss Count I for legal impossibility [71-1], and for relief from fair trial injuries [121-1] are denied; report & recommendation is adopted in part [135-1]; AJB order of 9/16/02 is affirmed. The case against defts Thomas Martin and Joseph Biernat is severed for trial. Deft Biernat will be tried first, commencing on 11/4/02. The trial of deft Thomas Martin will be set upon the conclusion of the Biernat trial. (cc: all counsel) 15 pages (PJS)
 177 Filed: 10/29/2002, Entered: 10/30/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery; motion hearing held 10/29/02 as to Thomas James Martin; motion to dimiss count 8 for multiplicity [166] and motion to dismiss count 8 for failure to state and offense [167]; both taken under advisement; Court Reporter: Tim Willette. 1 pg ( Modified on 10/30/2002
 178 Filed: 10/29/2002, Entered: 10/30/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery; motion hearing held 10/29/02 as to Joseph Paul Biernat. Motion in limine requesting measures to protect fair trial rights [154] granted in part; order to follow. Motion to dismiss counts 5-8 of second superseding indictment [169] and motion in limine to exclude 404(b) evidence [170], both motions under advisement. Govt's motion for production of witness and exhibit lists [174] under advisement. Court Reporter: Tim Willette. 1 pg (
 180 Filed: 10/31/2002, Entered: 11/1/2002 Order Court Filing
MEMORANDUM, OPINION AND ORDER by Judge Ann D. Montgomery (date signed 10/31/02) 1. Deft Biernat's (2) motion to sever counts [161-1] is GRANTED and Count 8 of the Second Superseding Indictment is severed. 2. Martin's (1) motion to dismiss Count 8 for multiplicity is DENIED, 3. Martin's (1) motion to dismiss count 8 for failure to state an offense against the USA is DEFERRED, 4. Biernat's (2) and Martin's (1) motions to dismiss counts 5-8 of the second superseding indictment are DEFERRED as to count 8 and denied as to counts 5-7, 5. Biernat's (2) motion in limine to exclude purported 404 (b) evidence regarding tax-related wrongdoing is DEFERRED, 6. Martin's (1) motion in limine to preclude the gov't from introduction of any evidence under the pruview of Rule 404(b) is DEFERRED, 7. Martin's (1) motion in limine precluding the gov't from introduction of evidence of the 1993 transaction at co-deft Biernat's (2) house is DEFERRED, 8. The govt's motion for production of deft Biernat's (2) witness list and exhibit list is GRANTED, 9. Biernat's (2) motion to dismiss counts I and II for failure to state an offense against the United States is DENIED, 10. The govt's motion to admit evidence regarding prior bad acts (1993 Construction Work is DEFERRED, 11. Martin (1) and Biernat's (2) motion for pretrial questionnaire of venier is GRANTED IN PART, 12. The govt's motion for protective order regarding witness statements is GRANTED, 13. Biernat's (2) motion in limine requesting measures to protect fair trial rights is GRANTED IN PART, and 14. Biernat's (2) motion in limine requesting the Court to take judicial notice is DENIED WITHOUT PREJUDICE and may be renewed at trial. 10pgs (cc: all counsel) (LEG)
 182 Filed: 11/4/2002, Entered: 11/6/2002 Memorandum in Support of Motion
GOVT'S MEMORANDUM OF LAW IN SUPPORT OF ADMITTING SEIZED AND PRODUCED DOCUMENTS INTO EVIDENCE. 7pgs (LEG)
 184 Filed: 11/4/2002, Entered: 11/7/2002 Minutes Court Filing
MINUTES before Judge Ann D. Montgomery for FIRST DAY OF JURY SELCTION as to Joseph Paul Biernat (02): Jury selection begins. Court Reporter: Tim Willette. (1 page) (PJS)
 183 Filed: 11/5/2002, Entered: 11/6/2002 Arraignment Court Filing
MINUTES: before Judge Ann D. Montgomery dft Joseph Paul Biernat (2) arraigned on the second superseding indictment; not guilty plea entered; Attorney present. Bond cont'd. Court Reporter: Tim Willette. 1pg (LEG)
 185 Filed: 11/5/2002, Entered: 11/7/2002 Minutes Court Filing
MINUTES before Judge Ann D. Montgomery for SECOND DAY JURY SELECTION AND FIRST DAY JURY TRIAL as to Joseph Paul Biernat (02): Jury impaneled; opening statements made; Jeffrey Norbloom testifies for govt. Court Reporter: Tim Willette. (1 page/part of Doc. #184) (PJS)
 186 Filed: 11/6/2002, Entered: 11/7/2002 Utility - Miscellaneous
JURY QUESTIONNAIRE as to Joseph Paul Biernat (02). 4 pages (PJS)
 188 Filed: 11/6/2002, Entered: 11/8/2002 Minutes Court Filing
MINUTES before Judge Ann D. Montgomery for THIRD DAY JURY TRIAL as to Joseph Paul Biernat (02): Jeffrey Norblon, John Fagan, Peter Trublan, and Gary Singer testify for govt. Court Reporter: Tim Willette. (1 page) (PJS)
 187 Filed: 11/7/2002, Entered: 11/7/2002 Memorandum in Support of Motion
MEMORANDUM by deft Joseph Paul Biernat in support of request for handwritten notes of Special Agent Fagan. (41 pages) (PJS)
 189 Filed: 11/7/2002, Entered: 11/12/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery 4TH DAY OF JURY TRIAL as to Joseph Paul Biernat (2). Pltf witneses: Thomas Hansen; Paul Ostrow & Pamela Wrolstad. Court Reporter: Tim Willette. 1pg (LEG)
 190 Filed: 11/8/2002, Entered: 11/12/2002 Minutes Court Filing
MINUTES before Judge Ann D. Montgomery for FIFTH DAY JURY TRIAL as to Joseph Paul Biernat (02): Sean Boylan testifies for govt. Court Reporter: Tim Willette. (1 page) (PJS)
 191 Filed: 11/12/2002, Entered: 11/13/2002 Brief
MEMORANDUM by deft Joseph Paul Biernat (02) regarding the scope of evidence on the issue of voluntariness at trial. (5 pages) (PJS)
 194 Filed: 11/12/2002, Entered: 11/20/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery 6TH DAY OF JURY TRIAL as to Joseph Paul Biernat (2). Pltf witnesses: Mervyn Larson. Court Reporter: Tim Willette. 1pg (LEG)
 192 Filed: 11/13/2002, Entered: 11/13/2002, Terminated: 5/22/2003 Motion to Exclude
MOTION to exclude evidence of 1) other embezzlements of Union Assets perpertrated by accomplice Thomas Martin; and 2) net benefit to Local 15 resulting from apparently legitimate expenditure of Target Funds by USA as to Joseph Paul Biernat. 5 pgs pg(s) (
 193 Filed: 11/13/2002, Entered: 11/13/2002, Terminated: 5/22/2003 Motion to Exclude
MOTION to exclude evidence addressing 5th amendment issues & hearsay testimony by Leonard Biernat & Shiela Biernat by USA as to Joseph Paul Biernat (2). 3 pgs (
 195 Filed: 11/13/2002, Entered: 11/20/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery 7TH DAY OF JURY TRIAL as to Joseph Paul Biernat (2). Pltf witnesses: Joseph Martin; Troy Seitz; Robert Wright; Lisa McDonald; Mary Agnew & James Wurdelman. Court Reporter: Tim Willette. 1pg (LEG)
 196 Filed: 11/14/2002, Entered: 11/20/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery 8TH DAY OF JURY TRIAL as to Joseph Paul Biernat (2). witnesses: Kathleen O'Brien; Bradley Thorson; Bill Fegian; Jackie Hanson; Ray Waldron & Steve Nunn. Court Reporter: Tim Willette. 1pg (LEG)
 197 Filed: 11/15/2002, Entered: 11/20/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery 9TH DAY OF JURY TRIAL as to Joseph Paul Biernat (2). Deft witnesses: Thomas Hansen; Nancy Timmerman; Dale Timmerman; Leonard Biernat. Court Reporter: Tim Willette. 1pg (LEG)
 198 Filed: 11/18/2002, Entered: 11/20/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery TENTH DAY OF JURY TRIAL as to Joseph Paul Biernat (2). Pltf witnesses: Steven Pettersen, rebuttal and Timothy Bisswurm. Deft witnesses: Sheila Biernat. Court Reporter: Tim Willette. 1pg (LEG)
 199 Filed: 11/18/2002, Entered: 11/20/2002 Brief
DEFT JOSEPH PAUL BIERNAT'S (2) MEMORANDUM AND PROPOSED INSTRUCTION REGARDING CORPUS DELICTI. 3pgs (LEG)
 200 Filed: 11/18/2002, Entered: 11/20/2002 Brief
Deftg's memorandum re: the quid pro quo element of the Hobbs Act by deft Joseph Paul Biernat (2). 3pgs (LEG)
 201 Filed: 11/19/2002, Entered: 11/21/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery CONT JURY TRIAL as to Joseph Paul Biernat (2). Closing by both parties. Deliberations begin. Court Reporter: Tim Willette. 1 pg (
 202 Filed: 11/19/2002, Entered: 11/21/2002 Jury Notes
Jury REQUEST as to Joseph Paul Biernat (2). 1 pg (
 203 Filed: 11/19/2002, Entered: 11/21/2002 Jury Notes
Jury Question as to Joseph Paul Biernat. 1 pg (
 204 Filed: 11/21/2002, Entered: 11/22/2002 Minutes Court Filing
MINUTES: before Judge Ann D. Montgomery VERDICT as to Joseph Paul Biernat (2). Not guilty as to counts 1ss & 2ss and guilty as to counts 3ss-7ss. Jurors polled & all concur; PSI ordered; bond cont'd. Note: Count 8 was severed prior to trial. EXHIBITS RETAINED BY THE COURT AND ARE LOCATED IN THE MPLS EXHIBIT ROOM as of 4/30/03) Court Reporter: Tim Willette. 1 pg ( Modified on 04/30/2003
 205 Filed: 11/21/2002, Entered: 11/22/2002 Jury Notes
Jury Request as to Joseph Paul Biernat (2). 1 pg (
 206 Filed: 11/21/2002, Entered: 11/22/2002 Jury Verdict
VERDICT as to Joseph Paul Biernat (2) Not guilty as to counts 1 & 2 and guilty as to counts 3-7 of the second superseding indictment. 2 pgs ( Modified on 7/25/2005 (Gilgenbach, Leah) to fix text.
 207 Filed: 11/21/2002, Entered: 11/22/2002 Witness List
GOVT'S WITNESS LIST as to deft Joseph Paul Biernat (2). 2 pgs (
 208 Filed: 11/21/2002, Entered: 11/22/2002 Witness List
WITNESS LIST of deft Joseph Paul Biernat (2). 3 pgs (
 209 Filed: 11/21/2002, Entered: 11/22/2002 Exhibit List
GOVT'S EXHIBIT LIST as to deft Joseph Paul Biernat (2). 8 pgs (
 210 Filed: 11/21/2002, Entered: 11/22/2002 Exhibit List
EXHIBIT LIST by deft Joseph Paul Biernat (2). 9 pgs (
 211 Filed: 11/21/2002, Entered: 11/22/2002 Jury Instructions
COURT JURY INSTRUCTIONS as to deft Joseph Paul Biernat (2). 60 pgs (
 212 Filed: 11/22/2002, Entered: 11/26/2002 Motion for Extension of Time to File
NOTICE OF MOTION AND MOTION requesting extension of time for Rule 29 and Rule 33 motions by Joseph Paul Biernat (2). 1pg(s) (LEG)
 213 Filed: 11/22/2002, Entered: 11/26/2002 Affidavit
AFFIDAVIT of Kimberly Fuhrman by deft Joseph Paul Biernat (2) in support of deft Biernat's notice of motion and motion requesting extension of time for Rule 29 and Rule 33 motions [212-1]. 2pgs (LEG)
 214 Filed: 11/25/2002, Entered: 11/26/2002 Order Court Filing
ORDER (Judge Ann D. Montgomery / date signed 11/25/02) deft shall file any Rule 29 and Rule 33 motions on or before 12/6/02 [212-1] as to Joseph Paul Biernat (2) (cc: all counsel). 1pg (LEG) Modified on 11/26/2002
 217 Filed: 12/6/2002, Entered: 12/10/2002, Terminated: 2/4/2003 Motion for Miscellaneous Relief
MOTION for judgment of acquittal by Joseph Paul Biernat (2). 13pg(s) (LEG)
 218 Filed: 12/6/2002, Entered: 12/10/2002 Motion for New Trial
MOTION for new trial by Joseph Paul Biernat (2). 13pg(s) (second part of doc # 217) (LEG)
 219 Filed: 12/9/2002, Entered: 12/10/2002 Transcript (Conventional)
EXCERPT TRANSCRIPT FROM JURY TRIAL PROCEEDINGS DAY 3, held 11/6/02 before ADM, testimony of Peter S. Truhlar, as to deft Joseph Paul Biernat (2) (Court Reporter: Timothy J. Willette). 28pg(s) (SEPARATE) (LEG) Modified on 12/10/2002
 220 Filed: 12/9/2002, Entered: 12/10/2002 Transcript (Conventional)
EXCERPT TRANSCRIPT FROM JURY TRIAL PROCEEDINGS DAY 5, held 11/8/02 before ADM, testimony of Sean Boylan as to deft Joseph Paul Biernat (2) (Court Reporter: Timothy J. Willette). 99pg(s) (SEPARATE) (LEG) Modified on 12/10/2002
 221 Filed: 12/9/2002, Entered: 12/10/2002 Transcript (Conventional)
EXCERPT TRANSCRIPT FROM JURY TRIAL PROCEEDINGS DAY 6, held 11/12/02 before ADM, continued testimony of Sean Boylan as to deft Joseph Paul Biernat (Court Reporter: Timothy J. Willette). 128pg(s) (SEPARATE) (LEG) Modified on 12/10/2002
 222 Filed: 12/13/2002, Entered: 12/16/2002 Memorandum in Opposition to Motion
GOVT'S OPPOSITON to deft Joseph Biernat's (2) post-verdict motions for acquittal or in the alternative, for a new trial [217-1] [218-1]. 20pgs (LEG)
 230 Filed: 12/23/2002, Entered: 2/5/2003 Minutes Court Filing
MINUTES before Judge Ann D. Montgomery for MOTION HEARING as to Joseph Paul Biernat (02): Motion for judgment of acquittal or new trial taken under advisement. Court Reporter: Tim Willette. (1 page) (PJS)
 223 Filed: 12/31/2002, Entered: 1/2/2003 Motion to Produce
MOTION & MEMORANDUM for Brady materials by Joseph Paul Biernat (02). 5 pages (PJS)
 224 Filed: 12/31/2002, Entered: 1/2/2003 Affidavit
AFFIDAVIT of Kimberly Fuhrman on behalf of deft Joseph Paul Biernat (02) in support of motion for Brady materials [223-1]. 48 pages (PJS)
 225 Filed: 1/6/2003, Entered: 1/7/2003 Response to Motion
GOVT'S RESPONSE to motion for Brady materials [223-1] as to deft Joseph Paul Biernat (2). 3 pgs (
 226 Filed: 1/15/2003, Entered: 1/16/2003 Transcript (Conventional)
EXCERPT TRANSCRIPT FROM JURY TRIAL PROCEEDINGS DAY 7, Testimony of Robert K. Wright held 11/13/02 before ADM as to deft Joseph Paul Biernat (2) (Court Reporter: Timothy J. Willette). 7pg(s) (SEPARATE) (LEG)
 227 Filed: 1/15/2003, Entered: 1/16/2003 Transcript (Conventional)
TRANSCRIPT OF Hearing on post-trial motions held 12/23/02 before ADM as to deft Joseph Paul Biernat (2) (Court Reporter: Timothy J. Willette). 35pg(s) (SEPARATE) (LEG)
 231 Filed: 2/4/2003, Entered: 2/5/2003 Order Court Filing
MEMORANDUM OPINION AN ORDER ( Judge Ann D. Montgomery / 2/4/03) as to Joseph Paul Biernat (02): denying deft's motion for judgment of acquittal [217-1] or new trial [218-1]; deft's motion for Brady Material [223-2] is stayed; and govt will produce to the court prior to 2/15/03 , a copy of the relevant FBI 302 materials regarding Thomas Martin for an in camera review for exculpatory information under Brady. (cc: all counsel) 10 pages (PJS)
 234 Filed: 2/18/2003, Entered: 2/19/2003 Order Court Filing
ORDER (Judge Ann D. Montgomery / date signed 2/18/03) AS TO DEFT JOSEPH PAUL BIERNAT (2). In compliance with this Court's order of 2/4/03, the United States has produced a copy of the FBI 302 consisting of eight pages of statements made by Thomas Martin on 11/25 and 11/26, 2002. After an in camera review, this Court finds that the statements do not provide material exculpatory to deft Biernat (2) subject to discovery under Brady v Maryland, 373 U.S. 83, 87(1963). The statements will be returned to the United States Attorney for possible use in other investigations (cc: all counsel). 1pg (LEG)
 235 Filed: 3/3/2003, Entered: 3/4/2003 Position on Sentencing/Sentencing Memorandum
SENTENCING MEMORANDUM of deft Joseph Paul Biernat (02). 9 pages (PJS)
 236 Filed: 3/3/2003, Entered: 3/4/2003 Motion for Miscellaneous Relief
MOTION for downward departure by Joseph Paul Biernat (02). 9 pages/part of Doc. #235 (PJS)
 237 Filed: 3/3/2003, Entered: 3/4/2003 Affidavit
AFFIDAVIT of Kimberly Fuhrman on behalf of deft Joseph Paul Biernat (22) in support of sentencing memorandum and motion for downward departure [236-1] [235-1]. 107 pages (PJS)
 245 Filed: 3/27/2003, Entered: 3/28/2003 Memorandum in Opposition to Motion
OPPOSITION by USA to deft Thomas Martin's (01) motion for downward departure [242-1]. 49 pages/part of Doc. #243 (PJS)
 246 Filed: 3/28/2003, Entered: 3/31/2003 Memorandum in Opposition to Motion
GOVT'S MEMORANDUM in opposition to deft Joseph Paul Biernat's (2) motion for downward departure [236-1]. 23 pgs (
 247 Filed: 3/28/2003, Entered: 3/31/2003 Objection to Report and Recommendations
GOVT'S OBJECTIONS to the Presentence Report as to Joseph Paul Biernat. (2nd part of #245). (
 248 Filed: 3/28/2003, Entered: 3/31/2003 Position on Sentencing/Sentencing Memorandum
POSITION of govt with respect to sentencing Joseph Paul Biernat (2). (3rd part of #246 & 247) (
 249 Filed: 4/1/2003, Entered: 4/7/2003 Sentencing Court Filing
MINUTES: before Judge Ann D. Montgomery SENTENCING Thomas James Martin (1) count to counts 7 and 9 of the second superseding indictment. Custody of BOP for 24 months on counts 7 and 9 of the second superseding indictment to be served concurrently VSP as notified; 3 years supervised release on counts 7 and 9 of the second superseding indictment to be served concurrently; $200.00 spec assmt; $5,000.00 fine, interest waived; restitution of $43,323.00 to Minneapolis Plumber's Union Local 15, the deft is jointly and severally responsible for $9,177.00 with co-deft Joseph Martin; the deft is jointly and severally responsible for $2,700.00 co-deft Joseph Biernat, the deft is individually for the remaining restitution to Local 15 in the amount of $31,446.00, interest is waived. Remaining counts dismissed. Witnesses: Mary K. Agnew; Daniel H. Hinton Elizabeth J. Martin-Hinton. Govt's exhibits A-G offered and rec'd. Court Reporter: Tim Willette. 2pgs (LEG) Modified on 04/11/2003
 252 Filed: 4/9/2003, Entered: 4/9/2003 Miscellaneous Document
SUPPLEMENTAL SENTENCING MEMORANDUM [235-1] by deft Joseph Paul Biernat (2). 7 pgs (
 257 Filed: 4/24/2003, Entered: 4/25/2003 Reply to Response
REPLY by USA to deft Joseph Biernat's (02) supplemental sentencing memorandum [252-1]. 4 pages (PJS)
 259 Filed: 4/30/2003, Entered: 4/30/2003 Sentencing Court Filing
MINUTES: before Judge Ann D. Montgomery SENTENCING Joseph Paul Biernat (2) counts 3ss-7ss - Custody of BOP for 21 months to be served concurrently, VSP as notified, 2 yrs supervised release, spec assmt of $500.00, fine of $10,000.00 interest is waived, restitution payable to Mpls Plumbers Union Local 15 in the amt of $2,700.00 jointly & severally with co-deft Thomas Martin (1), interest is waived. Count 8 will remain pending and will be dealt with after appeal of the sentence. Court Reporter: Tim Willette. 2 pgs (
 260 Filed: 5/2/2003, Entered: 5/2/2003 Judgment Court Filing
SENTENCING JUDGMENT as to defendant Joseph Paul Biernat by (02) Judge Ann D. Montgomery (dated 5/1/03). (Copies dist'd) 6 pages (PJS)
 261 Filed: 5/2/2003, Entered: 5/5/2003 Notice of Appeal - Final Judgment Court Filing
NOTICE OF APPEAL TO CIRCUIT COURT by defendant Joseph Paul Biernat (2) from Final Judgment of Conviction and Final Sentencing Decision on 4/30/03, and from all orders and rulings subsumed therein, including but not limited to the Memorandum Opinion and Order entered on 2/4/03 and the Memorandum Opinion and Order entered on 10/29/02 by Judge Montgomery [175-1] (cc: all counsel, deft and court reporters). 1pgs (LEG) Modified on 05/05/2003
 262 Filed: 5/2/2003, Entered: 5/5/2003 USCA Appeal Fees
RECEIVED APPEAL FILING FEE from Joseph Paul Biernat (2) [261-1] in amount of $ 105.00 (Receipt # 427487). 1pg (LEG)
 -- Filed: 5/5/2003, Entered: 5/5/2003 Transmission of Notice of Appeal and Docket Sheet
DELIVERED TWO COPIES of each of the following to the Court of Appeals, St. Paul Office: Revised information sheet, Notice of Appeal, Order or Judgment and Docket entries (certified) as to appeal filed by counsel for defendant Joseph Paul Biernat (2), doc # 261. (LEG)
 -- Filed: 5/6/2003, Entered: 5/7/2003 Appeal - Miscellaneous
Sent to USCA, St Paul, Transcripts, Doc. #'s 82, 105, 118, 119, 120, 136, 219, 220, 221, 226, and 227 as to Joseph Paul Biernat (02) (PJS)
 -- Filed: 5/8/2003, Entered: 5/8/2003 Utility - Miscellaneous
Three (3) sealed PSIs sent to USCA, St. Paul, as to Joseph Paul Biernat (02). (PJS)
 266 Filed: 5/9/2003, Entered: 5/12/2003, Terminated: 5/27/2003 Motion for Miscellaneous Relief
MOTION for stay of sentence pending appeal and for continuance of current conditions of release by Joseph Biernat (02). 21 pages (PJS)
 267 Filed: 5/13/2003, Entered: 5/15/2003 Designation of Record on Appeal
ADDITIONAL REQUESTS OF DOCUMENTS FOR DESIGNATION OF RECORD as to Joseph Paul Biernat (2). 3 pgs (
 -- Filed: 5/14/2003, Entered: 5/14/2003 USCA Case Number
NOTIFICATION BY CIRCUIT COURT of Appellate Docket Number 03-2255 as to deft Joseph Paul Biernat (2). Consolidated case number with Thomas Martin (01) is 03-2007. (
 269 Filed: 5/16/2003, Entered: 5/19/2003 Memorandum in Opposition to Motion
GOVT'S MEMORANDUM in opposition to Joseph Paul Biernat's motion for bail pending appeal & stay of sentence [266-1]. (cc: USCA) 14 pgs (
 270 Filed: 5/20/2003, Entered: 5/21/2003 Reply to Response
REPLY by deft Joseph Paul Biernat (02) in support of motions for bail pending appeal and stay of sentence [266-1] [266-2]. 3 pages (PJS)
 -- Filed: 5/23/2003, Entered: 5/23/2003 Appeal - Miscellaneous
Sent to USCA, St Paul, one (1) original exhibit and witness list with attached exhibits, doc #137, as to Joseph Paul Biernat (2). (
 271 Filed: 5/27/2003, Entered: 5/27/2003 Order Court Filing
MEMORANDUM OPINION AND ORDER by Judge Ann D. Montgomery (5/27/03) denying motion for stay of sentence pending appeal [266-1] and denying motion for continuance of current conditions of release [266-2] as to Joseph Paul Biernat (2). (cc: all counsel & USCA). 5 pgs ( Modified on 05/27/2003
 272 Filed: 5/27/2003, Entered: 5/28/2003 Appeal - Miscellaneous
Clerk's Record on Appeal delivered to the 8th Circuit Court as to Joseph Paul Biernat (2) (cc: Counsel). 5pgs (LEG)
 273 Filed: 5/30/2003, Entered: 6/2/2003 Notice of Appeal - Final Judgment
NOTICE OF CROSS-APPEAL TO THE EIGHTH CIRCUIT COURT OF APPEALS by USA from judgment of ADM filed 5/2/03 [260-1] as to deft Joseph Paul Biernat (02). (cc: all counsel) 1 page (PJS)
 274 Filed: 5/30/2003, Entered: 6/2/2003 Utility - Miscellaneous
NOTICE (By USDC, FSD) OF MONETARY IMPOSITION PAID IN FULL as to Joseph Paul Biernat. 1pg (cc: FLU) (LEG)
 -- Filed: 6/2/2003, Entered: 6/2/2003 Transmission of Notice of Appeal and Docket Sheet
DELIVERED TWO COPIES of each of the following to the Court of Appeals, St. Paul Office: Revised information sheet, Notice of Appeal, Order or Judgment and Docket entries (certified) as to defendant Joseph Paul Biernat (02). (PJS)
 275 Filed: 6/5/2003, Entered: 6/5/2003 Receipt
RECEIPT as to deft Joseph Paul Biernat (2) in the amount of $473.50 receipt number 473.50 for payment for preparation of designation of record. 1 pg (
 -- Filed: 6/6/2003, Entered: 10/16/2003 USCA Case Number
NOTIFICATION BY CIRCUIT COURT of Appellate Docket Number 03-2459 on cross-appeal by govt as to defendant Joseph Paul Biernat (02). Consolidated with 03-2007. (PJS)
 277 Filed: 6/9/2003, Entered: 6/10/2003 Judgment Returned Executed
JUDGMENT returned executed as to defendant Joseph Paul Biernat (2) 5/30/03 to FPC, Duluth. 6 pgs (
 278 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 1 held 11/04/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 172 pgs (SEPARATE) (
 279 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 2 held 11/5/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 132 pgs (SEPARATE) (
 280 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 3 held 11/06/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 202 pgs (SEPARATE) (
 281 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 4 held 11/07/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 190 pgs (SEPARATE) (
 282 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 5 held 11/08/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 101 pgs (SEPARATE) (
 283 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 6 held 11/12/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 180 pgs (SEPARATE) (
 284 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 7 held 11/13/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 116 pgs (SEPARATE) (
 285 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 8 held 11/14/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 229 pgs (SEPARATE) (
 286 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 9 held 11/15/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 94 pgs (SEPARATE) (
 287 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 10 held 11/18/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 158 pgs (SEPARATE) (
 288 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 11 held 11/19/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 29 pgs (SEPARATE) (
 289 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 12 held 11/20/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 136 pgs (SEPARATE) (
 290 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF JURY TRIAL, DAY 13 held 11/21/02 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 7 pgs (SEPARATE) (
 291 Filed: 7/7/2003, Entered: 7/8/2003 Transcript (Conventional)
TRANSCRIPT OF SENTENCING held 04/30/03 before Montgomery as to deft Joseph Paul Biernat (2). (Court Reporter: Tim Willette) 50 pgs (SEPARATE) (
 -- Filed: 7/8/2003, Entered: 7/8/2003 Appeal - Miscellaneous
Sent to USCA, St Paul, 14 transcripts, 13 trial and 1 sentencing as to Joseph Paul Biernat (2). Doc #278-291 (
 293 Filed: 7/21/2003, Entered: 7/22/2003 Utility - Miscellaneous
LETTER to Clerk of Court dated 7/21/03 from Kimberly Fuhrman, counsel for defendant Joseph Paul Biernat (2) requesting that we cause to be forwarded to the Eighth Circuit all trial exhibits from this case (except that there is no need to forward deft's trial exhibit 94 wihich is a large parka). 1pg (2 copies to USCA w/2 cert/copies of updated docket sheet) (LEG) Modified on 07/23/2003
 -- Filed: 7/29/2003, Entered: 7/29/2003 Appeal - Miscellaneous
Sent to USCA, St Paul, deft Biernat's trial exhibits (
 -- Filed: 7/29/2003, Entered: 7/29/2003 Appeal - Miscellaneous
Sent to USCA, St Paul, govt trial exhibits as to Thomas James Martin (1), Joseph Paul Biernat (2) (
 294 Filed: 7/29/2003, Entered: 7/29/2003 Utility - Miscellaneous
LETTER to court from USA requesting that the govt trial exhibits and motion hrg exhibits be forwarded to the USCA. Note: Motion hrg exhibits (doc #137) was forwarded to the USCA on 5/27/03 w/the designation of record. 1 pg (
 295 Filed: 10/15/2003, Entered: 10/16/2003 Notice of Attorney Appearance/Substitution - Defen
APPOINTMENT AFFIDAVIT that Mark Larsen is appointed Special Assistant U.S. Attorney as to Thomas Martin (01), Joseph Biernat (02), an Joseph Martin (03). 1 page (PJS)
 296 Filed: 10/23/2003, Entered: 10/27/2003 Utility - Miscellaneous
SATISFACTION OF MONETARY IMPOSITION AND RELEASE OF ABSTRACT in the amount of $13,200.00 as to Joseph Paul Biernat (2) 1 pg (cc: FSD, FLU) (LEG)
PACER 310 Filed: 8/23/2004, Entered: 8/23/2004 USCA Mandate
Certified copy of Opinion from USCA filed 5/28/04 as to Joseph Paul Biernat affirming the judgment of the district court. (LEG)
PACER 311 Filed: 8/23/2004, Entered: 8/23/2004 USCA Judgment
JUDGMENT of USCA (certified copy) as to Joseph Paul Biernat affirming the judgment of the district court.(LEG)
PDF 312 Filed: 11/24/2004, Entered: 11/24/2004 Notice of Filing Petition for Certiorari
NOTICE OF FILING PETITION FOR WRIT OF CERTIORARI by Joseph Paul Biernat .(PJS)
PDF 314 Filed: 7/25/2005, Entered: 7/25/2005 USCA Order
Supreme Court of the United States Office of the Clerk the Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied as to Joseph Paul Biernat (2). (LEG)
PDF 315 Filed: 12/1/2005, Entered: 12/1/2005, Terminated: 12/2/2005 Motion to Dismiss
MOTION to Dismiss (Count Eight of Second Superseding Indictment) by United States of America as to Joseph Paul Biernat. (Attachments: # (1) Certificate of Service)(Genrich, David)
PDF 316 Filed: 12/2/2005, Entered: 12/2/2005 Order Court Filing
ORDER signed by Judge Ann D Montgomery on 12/2/05 as to Joseph Paul Biernat [315] Granting Government's MOTION to Dismiss Count Eight of Second Superseding Indictment. The Clerk is directed to now close this case as to Joseph Paul Biernat. (LEG) Modified on 12/2/2005 (Gilgenbach, Leah). Paper copy to USM, BOP, PROBATION, FLU, D. Kapinos & USDC Financial Unit.
PDF 317 Filed: 4/23/2007, Entered: 4/24/2007 Exhibit
GOVERNMENT TRIAL EXHIBITS returned to USA on 4/23/07 as to Joseph Paul Biernat. (MKF) Modified text on 4/24/2007 (mkf).
PDF 318 Filed: 5/21/2007, Entered: 5/22/2007 Exhibit
DEFENDANT'S TRIAL EXHIBITS returned to Counsel for defendant Joseph Paul Biernat (2) on 5/21/07. (LEG)

Update this case via PACER (Paid subscription required)

PACER Shortcuts

Statistics

This case has been viewed 16 times.

No comments have been added yet. Sign in to post a comment.
Space
Issues Laws Cases Pro Pro Se Articles Firms Entities
Issues Laws Cases Pro Pro Se Articles Firms Entities
 

A joint venture of Think Computer Corporation and Think Computer Foundation, a 501(c)3 non-profit organization.
Copyright © 2001-2013 Think Computer Corporation. All Rights Reserved.

About   Help Us   Media   Privacy   Security   Contact Us

PlainSite
Need Password Help?