USA v. Dempsey et al

Criminal Case Montana District Court, Case No. 9:16-cr-00028
District Judge Dana L. Christensen, presiding
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District Judge Dana L. Christensen
Last Updated July 29, 2025 at 4:36 AM EDT (9.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
United States of America United States of America, Plaintiff
Officially listed as "USA"

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Tara J. Elliott +1 406 829 3326 tara.elliott@usdoj.gov
Space Timothy J. Racicot +1 406 542 8851 +5421 542 542 1476 tim.racicot2@usdoj.gov
v.
No Logo Anonymized Party [3B025D7], Defendant

Represented by Office of Defender Services

Name Phone Fax E-Mail
Space John Rhodes +1 406 721 6749 +7217 721 721 7751 john_rhodes@fd.org
No Logo Anonymized Party [5B0752F], Defendant

Represented by GARLINGTON, LOHN & ROBINSON, PLLP

Name Phone Fax E-Mail
Space Kathleen L. DeSoto +1 406 523 2500 +5232 523 523 2595 kldesoto@garlington.com
No Logo Anonymized Party [906F71A], Defendant

Represented by bebtlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ryan T. Heuwinkel mail@bebtlaw.com

Represented by smithstephens.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Colin M. Stephens +1 406 721 0300 +1 406 721 5370 colin@smithstephens.com
No Logo Anonymized Party [AD5C442], Defendant

Represented by Smith Law, PLLC

Name Phone Fax E-Mail
Space Brian C. Smith +1 406 274 0087 brian@briancarlsmithlaw.com
Other Parties
No Logo Thomas Earl Dempsey, Defendant (1)

Represented by Heffernan, Ronan

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Designation: Public Defender or Community Defender Appointment John Rhodes +1 406 721 6749 +7217 721 721 7751 john_rhodes@fd.org

Note: Criminal cases with multiple defendants may have several records with the same case number: one record for the master file (all defendants), as well as one record per defendant. It can often be difficult to tell which record is which. Other likely matches for this case include:

Attributes
Case Status closed
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 184 Filed: 6/10/2021, Entered: 6/10/2021
MANDATE of USCA as to 906F71A re 176 Notice of Appeal - Order. Appeal dismissed for failure to prosecute. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court (TAG)
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Legal Document (Payment Possibly Required) 183 Filed: 5/9/2021, Entered: 5/9/2021 Court Filing
TRANSCRIPT of Sentencing as to 906F71A held on 2-9-2017 before Judge Dana L. Christensen. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter JoAnn Jett Corson, 406-698-9965, joannjettcorson@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 6/1/2021. Redacted Transcript Deadline set for 6/9/2021. Release of Transcript Restriction set for 8/9/2021. (JJC)
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Legal Document (Payment Possibly Required) 182 Filed: 5/3/2021, Entered: 5/3/2021 Court Filing
TRANSCRIPT DESIGNATION ORDER FORM for Sentencing Hearing by USA as to 906F71A for proceedings held on 2/9/2017 before Judge Dana L. Christensen. Court reporter JoAnn Jett Corson. Type of transcript: 14-Day. Transcript due by 5/17/2021. (Elliott, Tara)
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Legal Document (Payment Possibly Required) 181 Filed: 4/19/2021, Entered: 4/19/2021 Court Filing
ORDER denying 174 Motion for Compassionate Release as to 5B0752F (3); denying 178 Motion to Appoint Counsel as to 5B0752F (3). Signed by Judge Dana L. Christensen on 4/19/2021. Mailed to 5B0752F at Dublin (TAG)
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Legal Document (Payment Possibly Required) 180 Filed: 3/30/2021, Entered: 3/30/2021
Order Appointing Counsel on Appeal as to 906F71A. Colin M. Stephens for 906F71A appointed. (TAG)
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Legal Document (Payment Possibly Required) 179 Filed: 3/29/2021, Entered: 3/29/2021
ORDER of USCA as to 906F71A re 168 Notice of Appeal - Order. The Clerk will electronically serve this order on the appointing authority for the District of Montana, who will locate appointed counsel. The appointing authority must send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9.uscourts.gov within 14 days of locating counsel. (TAG)
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Legal Document (Payment Possibly Required) 178 Filed: 3/11/2021, Entered: 3/11/2021
MOTION to Appoint Counsel re 174 by 5B0752F. (TAG)
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Legal Document (Payment Possibly Required) 177 Filed: 3/1/2021, Entered: 3/1/2021
USCA Case Number as to 906F71A 21-30062 for 176 Notice of Appeal - Order filed by 906F71A. (TAG)
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Legal Document (Payment Possibly Required) 176 Filed: 3/1/2021, Entered: 3/1/2021
NOTICE OF APPEAL by 906F71A re 173 Order on Pro Se Motion. Filing fee $ 505 not paid. (Attachments: # 1 Exhibit) (TAG)
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Legal Document (Payment Possibly Required) 175 Filed: 2/16/2021, Entered: 2/16/2021
RESPONSE to Motion by USA as to 5B0752F re 174 Motion for Compassionate Release (Elliott, Tara)
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Legal Document (Payment Possibly Required) 174 Filed: 2/4/2021, Entered: 2/4/2021
Motion for Compassionate Release by 5B0752F. (Attachments: # 1 Exhibit, # 2 Letter) (TAG)
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Legal Document (Payment Possibly Required) 173 Filed: 11/30/2020, Entered: 11/30/2020 Court Filing
ORDER denying 170 Motion as to 906F71A (2). Signed by Judge Dana L. Christensen on 11/30/2020. Mailed to 906F71A at Devens (TAG)
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Legal Document (Payment Possibly Required) 172 Filed: 11/2/2020, Entered: 11/2/2020
REPLY TO RESPONSE to Motion by 906F71A re 170 PRO SE MOTION (Attachments: # 1 Exhibit) (TAG)
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Legal Document (Payment Possibly Required) 171 Filed: 10/9/2020, Entered: 10/9/2020
RESPONSE to Motion by USA as to 906F71A re 170 PRO SE MOTION for Release (Attachments: # 1 Exhibit 1 - BOP Response to Inmate Request) (Elliott, Tara)
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Legal Document (Payment Possibly Required) 170 Filed: 10/5/2020, Entered: 10/5/2020
PRO SE MOTION by 906F71A. (Attachments: # 1 Exhibit) (TAG)
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Legal Document (Payment Possibly Required) 169 Filed: 9/8/2020, Entered: 9/8/2020
USCA Case Number as to 906F71A 20-35786 for 168 Notice of Appeal - Order filed by 906F71A. (TAG)
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Legal Document (Payment Possibly Required) 168 Filed: 9/8/2020, Entered: 9/8/2020
NOTICE OF APPEAL by 906F71A re 164 Order on Motion to Vacate (2255), Filing fee $ 505 not paid. (TAG)
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Legal Document (Payment Possibly Required) 167 Filed: 8/26/2020, Entered: 8/26/2020
NOTICE of Compliance to Court Order by USA as to 906F71A (Elliott, Tara)
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Legal Document (Payment Possibly Required) 166 Filed: 8/26/2020, Entered: 8/26/2020 Court Filing
TRANSCRIPT of Hearing on Motion to Change Plea as to 906F71A held on 11-3-2016 before Judge Jeremiah C. Lynch. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter JoAnn Jett Corson, 406-698-9965, joannjettcorson@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 9/16/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/24/2020. (JJC)
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Legal Document (Payment Possibly Required) 165 Filed: 8/26/2020, Entered: 8/26/2020 Court Filing
TRANSCRIPT DESIGNATION ORDER FORM for Change of Plea Hearing by USA as to 906F71A for proceedings held on 11/3/2016 before Judge Jeremiah C. Lynch. Court reporter JoAnn Jett Corson. Type of transcript: Hourly. Transcript due by 8/27/2020. (Elliott, Tara)
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Legal Document (Payment Possibly Required) 164 Filed: 8/25/2020, Entered: 8/25/2020 Court Filing
ORDER denying 155 Motion to Vacate (2255) as to 906F71A (2). COA denied. The United States shall immediately order the identified transcript.. Signed by Judge Dana L. Christensen on 8/25/2020. Mailed to 906F71A at Devens (TAG) Civil Case 9:19-cv-00170-DLC closed.
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Legal Document (Payment Possibly Required) 163 Filed: 5/22/2020, Entered: 5/22/2020
BRIEF/RESPONSE TO 162 ORDER by 906F71A (TAG)
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Legal Document (Payment Possibly Required) 162 Filed: 5/11/2020, Entered: 5/11/2020 Court Filing
ORDER as to 906F71A. Response from 906F71A due by 6/1/2020. Signed by Judge Dana L. Christensen on 5/11/2020. Mailed to 906F71A at Devens (TAG)
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Legal Document (Payment Possibly Required) 161 Filed: 4/9/2020, Entered: 4/9/2020
Notice of Change of Address by 906F71A (TAG)
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Blank  Filed: 1/31/2020, Entered: 1/31/2020
Terminate Deadline as to 906F71A (TAG)
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Legal Document (Payment Possibly Required) 160 Filed: 1/31/2020, Entered: 1/31/2020
BRIEF/RESPONSE TO 159 ORDER by 906F71A (Attachments: # 1 Exhibit) (TAG)
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Legal Document (Payment Possibly Required) 159 Filed: 1/2/2020, Entered: 1/2/2020 Court Filing
ORDER as to 906F71A. Response due by 1/31/2020. Signed by Judge Dana L. Christensen on 1/2/2020. Mailed to 906F71A at Springfield (TAG)
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Legal Document (Payment Possibly Required) 158 Filed: 12/30/2019, Entered: 12/30/2019
Supplement re 155 MOTION to Vacate under 28 U.S.C. 2255 (TAG)
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Legal Document (Payment Possibly Required) 157 Filed: 11/15/2019, Entered: 11/15/2019
Remark as to 906F71A: signed motions received from 906F71A (Attachments: # 1 Motion to Appoint Counsel) (TAG)
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Blank  Filed: 10/21/2019, Entered: 10/21/2019
Remark as to 906F71A: original unsigned motions returned to 906F71A at Springfield with instruction to return signed documents to indicate intent to proceed. (TAG)
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Legal Document (Payment Possibly Required) 156 Filed: 10/15/2019, Entered: 10/15/2019
CLERK'S NOTICE OF FILING 2255 re 155 MOTION to Vacate under 28 U.S.C. 2255. Mailed to 906F71A at Springfield with docket sheet (TAG)
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Legal Document (Payment Possibly Required) 155 Filed: 10/15/2019, Entered: 10/15/2019
MOTION to Vacate under 28 U.S.C. 2255 by 906F71A. (Attachments: # 1 Motion to Appoint Counsel, # 2 Affidavit) (TAG) Civil case 9:19-cv-00170 opened. (Additional attachment(s) added on 10/21/2019: # 3 Envelope) (TAG).
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Legal Document (Payment Possibly Required) 154 Filed: 9/16/2019, Entered: 9/16/2019 Court Filing
NOTICE AND ORDER as to 906F71A. Response due by 10/8/2019. Signed by Judge Dana L. Christensen on 9/16/2019. Mailed to 906F71A at Springfield (TAG)
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Legal Document (Payment Possibly Required) 153 Filed: 9/13/2019, Entered: 9/13/2019
PRO SE MOTION for Appointment of Counsel by 906F71A. (Attachments: # 1 Affidavit, # 2 Letter) (TAG)
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Legal Document (Payment Possibly Required) 151 Filed: 6/29/2017, Entered: 6/29/2017 Court Filing
CJA 20 as to AD5C442: Authorization to Pay BRIAN SMITH. Amount: $ 6256.50, Voucher # 09770439308.. Signed by Judge Dana L. Christensen on 6/21/2017. (PJC)
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Legal Document (Payment Possibly Required) 150 Filed: 6/9/2017, Entered: 6/9/2017 Court Filing
CJA 20 as to 906F71A: Authorization to Pay RYAN HEUWINKEL. Amount: $24140.70, Voucher #09770003265.. Signed by Judge Dana L. Christensen on 5/13/2017. (PJC)
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Legal Document (Payment Possibly Required) 149 Filed: 6/9/2017, Entered: 6/9/2017 Court Filing
CJA 20 as to 5B0752F: Authorization to Pay KATHLEEN DESOTO. Amount: $12119.11, Voucher # 09770003249.. Signed by Judge Dana L. Christensen on 5/13/2017. (PJC)
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Sealed Legal Document 148 Filed: 4/19/2017, Entered: 4/19/2017
Redacted PRESENTENCE INVESTIGATION REPORT (Sealed) as to 5B0752F per 147 Order. Emailed to Katie DeSoto through the sealed email. (APP)
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Legal Document (Payment Possibly Required) 147 Filed: 4/18/2017, Entered: 4/18/2017 Court Filing
ORDER granting 146 Motion for the release of a redacted copy of the Presentence Investigation as to 5B0752F (3). Signed by Judge Dana L. Christensen on 4/18/2017. (APP)
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Legal Document (Payment Possibly Required) 146 Filed: 4/18/2017, Entered: 4/18/2017
Unopposed MOTION for Release of Redacted PSR by 5B0752F as to 3B025D7, 906F71A, 5B0752F, AD5C442. (Attachments: # 1 Text of Proposed Order Proposed Order) (DeSoto, Kathleen)
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Sealed Legal Document 145 Filed: 2/10/2017, Entered: 2/10/2017
PRESENTENCE INVESTIGATION REPORT (Sealed) as to 906F71A. (NOS)
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Sealed Legal Document 144 Filed: 2/10/2017, Entered: 2/10/2017
PRESENTENCE INVESTIGATION REPORT (Sealed) as to 3B025D7. (NOS)
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Sealed Legal Document 143 Filed: 2/10/2017, Entered: 2/10/2017
PRESENTENCE INVESTIGATION REPORT (Sealed) as to AD5C442. (NOS)
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Sealed Legal Document 142 Filed: 2/10/2017, Entered: 2/10/2017
PRESENTENCE INVESTIGATION REPORT (Sealed) as to 5B0752F. (NOS)
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Legal Document (Payment Possibly Required) 141 Filed: 2/9/2017, Entered: 2/9/2017 Court Filing
STATEMENT OF REASONS as to 906F71A re 140 Judgment. Signed by Judge Dana L. Christensen on 2/9/2017. (NOS)
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Legal Document (Payment Possibly Required) 140 Filed: 2/9/2017, Entered: 2/9/2017 Court Filing
JUDGMENT as to 906F71A (2): Defendant sentenced to the custody of the BOP for a term of 96 months on Count 1, 96 months on Count 3, to run concurrently, and 84 months on Count 9 to run consecutively for a total of 180 months. Supervised release for a term of 3 years on Count 1, 3 years on Count 3, and 5 years on Count 9, to run concurrently for a total of 5 years. Conditions as stated in open court. Restitution ordered in the amount of $14,891.98 as a joint and several obligation; interest waived. Fine waived. Special assessment of $300. Counts 2, 4-8, 10, and 12 dismissed with prejudice upon motion of USA. Signed by Judge Dana L. Christensen on 2/9/2017. (NOS)
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Legal Document (Payment Possibly Required) 139 Filed: 2/9/2017, Entered: 2/9/2017 Court Filing
STATEMENT OF REASONS as to 3B025D7 re 138 Judgment. Signed by Judge Dana L. Christensen on 2/9/2017. (NOS)
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Legal Document (Payment Possibly Required) 138 Filed: 2/9/2017, Entered: 2/9/2017 Court Filing
JUDGMENT as to 3B025D7 (1): Defendant sentenced to the custody of the BOP for a term of 240 months on Count 1, 180 months on Count 3, 240 months on Count 4 to run concurrently, and 72 months on Count 10 to run consecutively for a total of 312 months. Supervised release for a term of 3 years on Count 1, 3 years on Count 3, 5 years on Count 4, and 5 years on Count 10 to run concurrently for a total of 5 years. Conditions as stated in open court. Restitution ordered in the amount of $14,891.98 as a joint and several obligation; interest waived. Fine waived. Special assessment of $400. Counts 2, 5-8, 9, and 11 dismissed with prejudice upon motion of the USA.. Signed by Judge Dana L. Christensen on 2/9/2017. (NOS)
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Blank 137 Filed: 2/9/2017, Entered: 2/9/2017 Court Filing
MINUTE ENTRY for proceedings held before Judge Dana L. Christensen: Sentencing held on 2/9/2017 for 906F71A (2). AUSA Tara Elliott appearing on behalf of the govt. CJA Counsel Ryan Heuwinkel appearing with in-custody Defendant. No objections to PSR by govt. Defense objection to PSR regarding 7-level enhancement for discharge of a firearm sustained; restitution objection withdrawn. Rule 11(c)(1)(C) plea agreement accepted; Court to rely on PSR. Court summarizes statutory and guideline calculations. Counsel Heuwinkel allocutes on behalf of Defendant; Defendant allocutes. AUSA Elliott makes sentence recommendation. Court reviews 3553(a) factors. JUDGMENT: Defendant sentenced to the custody of the BOP for a term of 96 months on Count 1, 96 months on Count 3, to run concurrently, and 84 months on Count 9 to run consecutively for a total of 180 months. Supervised release for a term of 3 years on Count 1, 3 years on Count 3, and 5 years on Count 9, to run concurrently for a total of 5 years. Conditions as stated in open court. Restitution ordered in the amount of $14,891.98 as a joint and several obligation; interest waived. Fine waived. Special assessment of $300. Counts 2, 4, 5, 6, 7, 8, 10, and 12 of the Indictment dismissed with prejudice upon motion of USA. Right to appeal waived/advised. No legal objection to sentence. Defendant remanded to the custody of the USM. Hearing commenced at 1:28 p.m. and concluded at 2:00 p.m. Presentence Report due by 2/16/2017. (Court Reporter JoAnn Bacheller) (USPO: T. Hood), (Law Clerk: P. Griffith), (Hearing held in Missoula) (NOS)
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Blank 136 Filed: 2/9/2017, Entered: 2/9/2017 Court Filing
MINUTE ENTRY for proceedings held before Judge Dana L. Christensen: Sentencing held on 2/9/2017 for 3B025D7 (1). AUSA Tara Elliott appearing on behalf of the govt. FD John Rhodes appearing with in-custody Defendant. No objections to PSR by govt. Defense objection to PSR regarding guideline calculation objection sustained; restitution objection withdrawn. Restitution amount reviewed. Plea agreement accepted; Court to rely on PSR. Court summarizes statutory and guideline calculations. Counsel Rhodes allocutes on behalf of Defendant; Defendant allocutes. AUSA Elliott makes sentence recommendation. Court reviews 3553(a) factors. JUDGMENT: Defendant sentenced to the custody of the BOP for a term of 240 months on Count 1, 180 months on Count 3, 240 months on Count 4 to run concurrently, and 72 months on Count 10 to run consecutively for a total of 312 months. Supervised release for a term of 3 years on Count 1, 3 years on Count 3, 5 years on Count 4, and 5 years on Count 10 to run concurrently for a total of 5 years. Conditions as stated in open court. Restitution ordered in the amount of $14,891.98 as a joint and several obligation; interest waived. Fine waived. Special assessment of $400. Counts 2, 5, 6, 7, 8, 9, and 11 of the Indictment dismissed with prejudice upon motion of USA. Right to appeal waived/advised. No legal objection to sentence. Defendant remanded to the custody of the USM. Hearing commenced at 9:05 a.m. and concluded at 10:13 a.m. Presentence Report due by 2/16/2017. (Court Reporter JoAnn Bacheller) (USPO: T. Hood), (Law Clerk: P. Griffith), (Hearing held in Missoula) (NOS)
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Legal Document (Payment Possibly Required) 135 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
STATEMENT OF REASONS as to 5B0752F re 134 Judgment. Signed by Judge Dana L. Christensen on 2/8/2017. (NOS)
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Legal Document (Payment Possibly Required) 134 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
JUDGMENT as to 5B0752F (3) on Count 1: Defendant sentenced to the custody of the BOP for a term of 108 months. Supervised release for a term of 3 years. Conditions as stated in open court. Restitution ordered in the amount of $14,891.98 jointly and severally with co-defendants; interest waived. Fine waived. Special assessment of $100. Counts 2, 3, 4-8, 9, and 10 dismissed with prejudice upon motion of USA. Signed by Judge Dana L. Christensen on 2/8/2017. (NOS)
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Legal Document (Payment Possibly Required) 133 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
STATEMENT OF REASONS as to AD5C442 re 132 Judgment. Signed by Judge Dana L. Christensen on 2/8/2017. (NOS)
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Legal Document (Payment Possibly Required) 132 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
JUDGMENT as to AD5C442 (4) on Count 1: Defendant sentenced to the custody of the BOP for a term of 60 months, to run concurrent with Defendant's undischarged term of imprisonment in Sanders County, case number DC-16-28. Supervised release for a term of 3 years. Conditions as stated in open court. Restitution ordered in the amount of $14,891.98 jointly and severally with other Defendants; interest waived. Fine waived. Special assessment of $100. Counts 2, 3, 4-8, 9, and 10 dismissed with prejudice upon motion of USA. Signed by Judge Dana L. Christensen on 2/8/2017. (NOS)
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Blank 131 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
MINUTE ENTRY for proceedings held before Judge Dana L. Christensen: Sentencing held on 2/8/2017 for 5B0752F (3). AUSA Tara Elliott appearing on behalf of the govt. CJA Counsel Katie DeSoto appearing with in-custody Defendant. No objections to PSR by govt. Defense objection to restitution amount satisfied. Rule 11(c)(1)(C) plea agreement accepted; Court to rely on PSR. Court summarizes statutory and guideline calculations. Counsel DeSoto allocutes on behalf of Defendant; Defendant allocutes. AUSA Elliott makes sentence recommendation. Court reviews 3553(a) factors. Judgment on Count 1: Defendant sentenced to the custody of the BOP for a term of 108 months. Supervised release for a term of 3 years. Conditions as stated in open court. Restitution ordered in the amount of $14,891.98 jointly and severally with co-defendants; interest waived. Fine waived. Special assessment of $100. Counts 2-10 of the Indictment dismissed with prejudice upon motion of USA. Right to appeal waived/advised. No legal objections to sentence. Defense requests sentence run concurrent to possible sentence in Ravalli county; request denied. Defendant remanded to the custody of the USM. Hearing commenced at 10:30 a.m. and concluded at 11:10 a.m. Presentence Report due by 2/15/2017. (Court Reporter JoAnn Bacheller) (USPO: T. Hood), (Law Clerk: P. Griffith), (Hearing held in Missoula) (NOS)
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Blank 130 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
MINUTE ENTRY for proceedings held before Judge Dana L. Christensen: Sentencing held on 2/8/2017 for AD5C442 (4). AUSA Tara Elliott appearing on behalf of the govt. CJA Counsel Brian Smith appearing with in-custody Defendant. No objections to PSR by govt. Defense objections to PSR withdrawn. Restitution amount reviewed. Plea agreement accepted; Court to rely on PSR. Court summarizes statutory and guideline calculations. Counsel Smith allocutes on behalf of Defendant; Defendant allocutes. AUSA Elliott makes sentence recommendation. Court reviews 3553(a) factors. Judgment on Count 1: Defendant sentenced to the custody of the BOP for a term of 60 months, to run concurrently to undischarged term of imprisonment in Sanders County, cause number DC-16-28. Supervised release for a term of 3 years. Conditions as stated in open court. Restitution ordered in the amount of $14,891.98 as a joint and several obligation; interest waived. Fine waived. Special assessment of $100. Counts 2-10 of the Indictment dismissed with prejudice upon motion of USA. Right to appeal waived/advised. No legal objections to sentence. Counsel Smith requests leave to provide Defendant with a copy of PSR; Court to take request under advisement. Defendant remanded to the custody of the USM. Hearing commenced at 8:57 a.m. and concluded at 9:37 a.m. Presentence Report due by 2/15/2017. (Court Reporter JoAnn Bacheller) (USPO: T. Hood), (Law Clerk: P. Griffith), (Hearing held in Missoula) (NOS)
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Legal Document (Payment Possibly Required) 129 Filed: 2/7/2017, Entered: 2/7/2017
NOTICE of Filing Additional Sentencing Letters by AD5C442 (Attachments: # 1 Ltr WMMHC Classes, # 2 Ltr Parenting Classes Etc) (Smith, Brian)
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Legal Document (Payment Possibly Required) 128 Filed: 2/7/2017, Entered: 2/7/2017
NOTICE of Filing Letters by 5B0752F (Attachments: # 1 Exhibit Letters) (DeSoto, Kathleen)
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Legal Document (Payment Possibly Required) 127 Filed: 2/7/2017, Entered: 2/7/2017
NOTICE of Filing Sentencing Letters by AD5C442 (Smith, Brian)
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Legal Document (Payment Possibly Required) 126 Filed: 2/3/2017, Entered: 2/3/2017
RESPONSE as to 906F71A Sentencing Memorandum re 123 (Elliott, Tara)
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Legal Document (Payment Possibly Required) 125 Filed: 2/3/2017, Entered: 2/3/2017
RESPONSE as to 3B025D7 Sentencing Memorandum re 121 (Elliott, Tara)
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Legal Document (Payment Possibly Required) 123 Filed: 1/31/2017, Entered: 1/31/2017
SENTENCING MEMORANDUM by 906F71A (Attachments: # 1 Exhibit med records) (Heuwinkel, Ryan) Modified on 2/1/2017 to seal medical records due to personal identifiers. (NOS)
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Legal Document (Payment Possibly Required) 122 Filed: 1/31/2017, Entered: 1/31/2017
NOTICE of Filing Defendant's Letters in Aid of Sentencing by 3B025D7 (Attachments: # 1 Letter of Donna 3B025D7, # 2 Letter of Kate Wenninger, # 3 Letter of Kim McDonald-Markuson, # 4 Letter of Mariah 3B025D7, # 5 Letter of M. 3B025D7, # 6 Letter of Sheldon Shepherd, # 7 Letter of Sue Jennison) (Rhodes, John)
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Sealed Legal Document 121 Filed: 1/31/2017, Entered: 1/31/2017
Sealed Document Unredacted Defendant's Sentencing Memorandum by 3B025D7 (Attachments: # 1 Family Photo) (Rhodes, John)
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Legal Document (Payment Possibly Required) 120 Filed: 1/31/2017, Entered: 1/31/2017
NOTICE of Filing Letters in Support of Sentencing by 906F71A (Attachments: # 1 Exhibit Support letters) (Heuwinkel, Ryan)
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Legal Document (Payment Possibly Required) 119 Filed: 1/25/2017, Entered: 1/25/2017 Court Filing
TEXT ORDER RESETTING as to 5B0752F: Sentencing RESET for 2/8/2017 at 10:30 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 1/25/2017. (dle)
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Legal Document (Payment Possibly Required) 118 Filed: 1/24/2017, Entered: 1/24/2017 Court Filing
CJA 20 as to 3B025D7 (material witness representation): Authorization to Pay John Ferguson. Amount: $ 2180.10, Voucher # 0977.0003051.. Signed by Magistrate Judge Jeremiah C. Lynch on 1/24/2017. (CDH)
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Legal Document (Payment Possibly Required) 117 Filed: 1/23/2017, Entered: 1/23/2017
SENTENCING MEMORANDUM by USA as to AD5C442 (Elliott, Tara)
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Legal Document (Payment Possibly Required) 116 Filed: 1/23/2017, Entered: 1/23/2017
SENTENCING MEMORANDUM by USA as to 5B0752F (Elliott, Tara)
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Legal Document (Payment Possibly Required) 115 Filed: 1/20/2017, Entered: 1/20/2017 Court Filing
ORDER granting 114 Motion to Continue as to AD5C442 (4). Sentencing RESET for 2/8/2017 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 1/20/2017. (dle)
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Legal Document (Payment Possibly Required) 114 Filed: 1/19/2017, Entered: 1/19/2017
Unopposed MOTION to Continue Sentencing Hearing by AD5C442. (Attachments: # 1 Text of Proposed Order) (Smith, Brian)
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Legal Document (Payment Possibly Required) 113 Filed: 1/19/2017, Entered: 1/19/2017 Court Filing
TEXT ORDER RESETTING as to AD5C442: Sentencing RESET for 1/27/2017 at 4:00 PM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 1/19/2017. (dle)
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Legal Document (Payment Possibly Required) 112 Filed: 1/18/2017, Entered: 1/18/2017
SENTENCING MEMORANDUM by AD5C442 (Smith, Brian)
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Legal Document (Payment Possibly Required) 111 Filed: 1/18/2017, Entered: 1/18/2017
SENTENCING MEMORANDUM by 5B0752F (DeSoto, Kathleen)
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Legal Document (Payment Possibly Required) 110 Filed: 1/17/2017, Entered: 1/17/2017 Court Filing
TEXT ORDER RESETTING as to 906F71A: Sentencing RESET for 2/9/2017 at 1:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 1/17/2017. (dle)
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Legal Document (Payment Possibly Required) 109 Filed: 1/5/2017, Entered: 1/5/2017 Court Filing
TEXT ORDER RESETTING as to 5B0752F: Sentencing RESET for 2/2/2017 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 1/5/2017. (dle)
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Legal Document (Payment Possibly Required) 108 Filed: 11/21/2016, Entered: 11/21/2016 Court Filing
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS as to 906F71A for 77 Motion to Change Plea filed by 906F71A, 99 Findings and Recommendations on Guilty Plea. Signed by Chief Judge Dana L. Christensen on 11/21/2016. (DLE)
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Legal Document (Payment Possibly Required) 107 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
ORDER granting 106 Motion to Continue as to 5B0752F (3). Sentencing RESET for 2/2/2017 at 10:30 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 11/17/2016. (DLE)
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Legal Document (Payment Possibly Required) 106 Filed: 11/17/2016, Entered: 11/17/2016
Unopposed MOTION to Continue Sentencing Date by 5B0752F. (Attachments: # 1 Text of Proposed Order Proposed Order) (DeSoto, Kathleen)
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Legal Document (Payment Possibly Required) 105 Filed: 11/16/2016, Entered: 11/16/2016 Court Filing
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS as to 3B025D7 for 78 Motion to Change Plea filed by 3B025D7, 94 Findings and Recommendations on Guilty Plea. Signed by Chief Judge Dana L. Christensen on 11/16/2016. (DLE)
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Legal Document (Payment Possibly Required) 104 Filed: 11/10/2016, Entered: 11/10/2016 Court Filing
ORDER OF DETENTION as to 3B025D7. Signed by Magistrate Judge Jeremiah C. Lynch on 11/10/2016. (APP, )
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Blank 103 Filed: 11/9/2016, Entered: 11/9/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Detention Hearing as to 3B025D7 held on 11/9/2016; AUSA Adam Duerk appeared for the govt, FD John Rhodes appeared w/ in custody defendant; Both sides gave argument; Defendant will not be released - remanded to the custody of USM pending further proceedings; Hearing commenced at 2:04 p.m. and concluded at 2:11 p.m. (Court Reporter FTR Gold) (USPO: J. Keiley), (Hearing held in Missoula) (APP, )
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Blank 102 Filed: 11/8/2016, Entered: 11/8/2016 Court Filing
TEXT Order Setting as to 3B025D7 Detention Hearing set for 11/9/2016 at 02:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 11/8/2016. (TXB, )
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Legal Document (Payment Possibly Required) 101 Filed: 11/8/2016, Entered: 11/8/2016 Court Filing
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS as to AD5C442 for 60 Motion to Change Plea filed by AD5C442, 82 Findings and Recommendations on Guilty Plea. Signed by Chief Judge Dana L. Christensen on 11/8/2016. (DLE)
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Legal Document (Payment Possibly Required) 100 Filed: 11/7/2016, Entered: 11/7/2016
RESPONSE to Motion by USA as to 3B025D7 re 95 MOTION for Detention Hearing (Elliott, Tara)
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Legal Document (Payment Possibly Required) 99 Filed: 11/3/2016, Entered: 11/3/2016 Court Filing
FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to 906F71A. Signed by Magistrate Judge Jeremiah C. Lynch on 11/3/2016. (ASG, )
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Legal Document (Payment Possibly Required) 98 Filed: 11/3/2016, Entered: 11/3/2016 Court Filing
CONSENT TO proceed before a Magistrate Judge for a Guilty Plea as to 906F71A. (ASG, )
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Legal Document (Payment Possibly Required) 97 Filed: 11/3/2016, Entered: 11/3/2016 Court Filing
Order Setting as to 906F71A: Sentencing set for 2/9/2017 at 10:30 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 11/3/2016. (DLE)
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Blank 96 Filed: 11/3/2016, Entered: 11/3/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Change of Plea Hearing as to 906F71A held on 11/3/2016; AUSA Tara Elliott appeared for the govt, CJA counsel Ryan Heuwinkel appeared w/ in custody defendant; Defendant sworn in and consented to USMJ; Answered standard questions given by the court; Govt summarized plea agreement/offer of proof; Defendant entered plea of guilty to Count 1,3,9 w/ Counts 2,4,5,6,7,8,10,12 to be dismissed if plea accepted; Sentencing set for 2/9/17 at 10:30 a.m. w/ Judge Christensen; Defendant remanded to the custody of USM pending further proceedings; Hearing commenced at 3:08 p.m. and concluded at 3:34 p.m. (Court Reporter JoAnn Bacheller) (USPO: T. Hood), (Hearing held in Missoula) (APP, )
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Legal Document (Payment Possibly Required) 95 Filed: 11/3/2016, Entered: 11/3/2016
MOTION for Detention Hearing by 3B025D7. (Rhodes, John)
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Legal Document (Payment Possibly Required) 94 Filed: 11/1/2016, Entered: 11/1/2016 Court Filing
FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to 3B025D7. Signed by Magistrate Judge Jeremiah C. Lynch on 11/1/2016. (ASG, )
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Legal Document (Payment Possibly Required) 93 Filed: 11/1/2016, Entered: 11/1/2016 Court Filing
CONSENT TO proceed before a Magistrate Judge for a Guilty Plea as to 3B025D7. (ASG, )
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Legal Document (Payment Possibly Required) 92 Filed: 11/1/2016, Entered: 11/1/2016 Court Filing
Order Setting as to 3B025D7: Sentencing set for 2/9/2017 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 11/1/2016. (DLE)
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Blank 91 Filed: 11/1/2016, Entered: 11/1/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Change of Plea Hearing as to 3B025D7 held on 11/1/2016; AUSA Tara Elliott appeared for the govt, FD John Rhodes appeared with in custody defendant; Defendant sworn in and consented to USMJ; Answered standard questions given by the court; Govt summarized plea agreement/offer of proof; Defendant entered plea of guilty to Counts 1,3,4,10 with Counts 2,5,6,7,8,9,11 to be dismissed if plea accepted; Sentencing set for 2/9/17 at 9:00 a.m.; Defendant remanded to the custody of USM pending further proceedings; Hearing commenced at 2:03 p.m. and concluded at 2:46 p.m. (Court Reporter FTR Gold) (USPO: T. Hood), (Hearing held in Missoula) (APP, )
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Legal Document (Payment Possibly Required) 90 Filed: 11/1/2016, Entered: 11/1/2016 Court Filing
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS as to 5B0752F for 57 Motion to Change Plea filed by 5B0752F, 73 Findings and Recommendations on Guilty Plea. Signed by Chief Judge Dana L. Christensen on 11/1/2016. (DLE)
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Legal Document (Payment Possibly Required) 89 Filed: 10/28/2016, Entered: 10/28/2016
OFFER OF PROOF as to 3B025D7 (Elliott, Tara)
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Legal Document (Payment Possibly Required) 88 Filed: 10/28/2016, Entered: 10/28/2016
OFFER OF PROOF as to 906F71A (Elliott, Tara)
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Blank  Filed: 10/27/2016, Entered: 10/27/2016
Terminate Deadlines and Hearings as to 3B025D7, 906F71A, 5B0752F, AD5C442: motions deadline. (ASG, )
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Legal Document (Payment Possibly Required) 87 Filed: 10/27/2016, Entered: 10/27/2016
PLEA AGREEMENT as to 3B025D7. Original sent to chambers. (ASG, )
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Legal Document (Payment Possibly Required) 86 Filed: 10/26/2016, Entered: 10/26/2016 Court Filing
Order Setting as to 906F71A Change of Plea Hearing set for 11/3/2016 at 03:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 10/26/2016. (TXB, )
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Legal Document (Payment Possibly Required) 85 Filed: 10/26/2016, Entered: 10/26/2016 Court Filing
Order Setting as to 3B025D7 Change of Plea Hearing set for 11/1/2016 at 02:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 10/26/2016. (TXB, )
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Legal Document (Payment Possibly Required) 84 Filed: 10/25/2016, Entered: 10/25/2016 Court Filing
ORDER REFERRING MOTION upon Consent to Magistrate Judge Disposition as to 3B025D7 78 MOTION TO CHANGE PLEA filed by 3B025D7. Motions referred to Jeremiah C. Lynch. The jury trial set for 11/28/2016 is VACATED. Signed by Chief Judge Dana L. Christensen on 10/25/2016. (DLE)
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Legal Document (Payment Possibly Required) 83 Filed: 10/25/2016, Entered: 10/25/2016 Court Filing
ORDER REFERRING MOTION upon Consent to Magistrate Judge Disposition as to 906F71A 77 Unopposed MOTION TO CHANGE PLEA filed by 906F71A. Motions referred to Jeremiah C. Lynch. The jury trial set for 11/28/2016 is VACATED. Signed by Chief Judge Dana L. Christensen on 10/25/2016. (DLE)
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Legal Document (Payment Possibly Required) 82 Filed: 10/19/2016, Entered: 10/19/2016 Court Filing
FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to AD5C442. Signed by Magistrate Judge Jeremiah C. Lynch on 10/19/2016. (APP, )
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Legal Document (Payment Possibly Required) 81 Filed: 10/19/2016, Entered: 10/19/2016 Court Filing
CONSENT TO proceed before a Magistrate Judge for a Guilty Plea as to AD5C442 (APP, )
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Legal Document (Payment Possibly Required) 80 Filed: 10/19/2016, Entered: 10/19/2016 Court Filing
Order Setting as to AD5C442: Sentencing set for 1/27/2017 at 10:30 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 10/19/2016. (DLE)
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Blank 79 Filed: 10/19/2016, Entered: 10/19/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Change of Plea Hearing as to AD5C442 held on 10/19/2016; AUSA Tim Racicot appeared for the govt, CJA counsel Brian Smith appeared w/ in custody defendant; Defendant sworn in and consented to USMJ; Answered standard questions given by the court; Govt summarized plea agreement/offer of proof; Defendant entered plea of guilty to Count 1 w/ Counts 2-10 to be dismissed if plea accepted; Sentencing set for 1/27/17 at 10:30 a.m. w/ Judge Christensen; Defendant remanded to the custody of USM pending further proceedings; Hearing commenced at 3:04 p.m. and concluded at 3:27 p.m. (Court Reporter JoAnn Bacheller) (USPO: T. Hood), (Hearing held in Missoula) (APP, )
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Legal Document (Payment Possibly Required) 78 Filed: 10/19/2016, Entered: 10/19/2016
MOTION TO CHANGE PLEA by 3B025D7. (Rhodes, John)
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Legal Document (Payment Possibly Required) 77 Filed: 10/19/2016, Entered: 10/19/2016
Unopposed MOTION TO CHANGE PLEA by 906F71A. (Attachments: # 1 Text of Proposed Order) (Heuwinkel, Ryan)
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Legal Document (Payment Possibly Required) 76 Filed: 10/18/2016, Entered: 10/18/2016
PLEA AGREEMENT as to 906F71A. Original sent to chambers. (ASG, )
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Legal Document (Payment Possibly Required) 75 Filed: 10/17/2016, Entered: 10/17/2016 Court Filing
ORDER granting 70 Motion to Dismiss forfeiture count as to 3B025D7 (1), 906F71A (2), 5B0752F (3), AD5C442 (4). Signed by Judge Dana L. Christensen on 10/17/2016. (ASG, )
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Legal Document (Payment Possibly Required) 74 Filed: 10/17/2016, Entered: 10/17/2016 Court Filing
Order Setting as to 5B0752F: Sentencing set for 1/27/2017 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 10/17/2016. (DLE)
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Legal Document (Payment Possibly Required) 73 Filed: 10/17/2016, Entered: 10/17/2016 Court Filing
FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to 5B0752F. Signed by Magistrate Judge Jeremiah C. Lynch on 10/17/2016. (NOS, )
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Legal Document (Payment Possibly Required) 72 Filed: 10/17/2016, Entered: 10/17/2016 Court Filing
CONSENT TO proceed before a Magistrate Judge for a Guilty Plea as to 5B0752F. (NOS, )
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Blank 71 Filed: 10/17/2016, Entered: 10/17/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Change of Plea Hearing as to 5B0752F held on 10/17/2016. AUSA Tara Elliott appearing on behalf of the govt, CJA Counsel Katie DeSoto appearing with in-custody Defendant. Defendant sworn in, consents to USMJ, answers standard questions asked by Court. AUSA Elliott summarizes conditions of plea agreement/Offer of Proof. Defendant enters plea of guilty to Count 1 of Indictment w/ Counts 2-10 to be dismissed if plea accepted at sentencing. Sentencing set for 1/27/17 at 9:00 a.m. with Chief Judge Christensen in Missoula. Defendant remanded to the custody of the USM pending sentencing. Hearing commenced at 2:12 p.m. and concluded at 2:33 p.m. (Court Reporter FTR Gold) (USPO: T. Hood), (Hearing held in Missoula) (NOS, )
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Legal Document (Payment Possibly Required) 70 Filed: 10/17/2016, Entered: 10/17/2016
Unopposed MOTION to Dismiss the Forfeiture Count in the Indictment by USA as to 3B025D7, 906F71A, 5B0752F, AD5C442. (Attachments: # 1 Text of Proposed Order to dismiss forfeiture count) (Elliott, Tara)
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Legal Document (Payment Possibly Required) 69 Filed: 10/14/2016, Entered: 10/14/2016
OFFER OF PROOF as to AD5C442 (Elliott, Tara)
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Legal Document (Payment Possibly Required) 68 Filed: 10/14/2016, Entered: 10/14/2016
OFFER OF PROOF as to 5B0752F (Elliott, Tara)
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Legal Document (Payment Possibly Required) 67 Filed: 10/13/2016, Entered: 10/13/2016 Court Filing
ORDER granting 66 Motion to Continue as to 5B0752F (3) Change of Plea Hearing set for 10/17/2016 at 02:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 10/13/2016. (TCL, )
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Legal Document (Payment Possibly Required) 66 Filed: 10/12/2016, Entered: 10/12/2016
Unopposed MOTION to Continue Change of Plea Hearing by 5B0752F. (Attachments: # 1 Text of Proposed Order Proposed Order) (DeSoto, Kathleen)
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Legal Document (Payment Possibly Required) 65 Filed: 10/11/2016, Entered: 10/11/2016 Court Filing
Order Setting as to AD5C442 Change of Plea Hearing set for 10/19/2016 at 03:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 10/11/2016. (TXB, )
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Legal Document (Payment Possibly Required) 64 Filed: 10/11/2016, Entered: 10/11/2016 Court Filing
Order Setting as to 5B0752F Change of Plea Hearing set for 10/19/2016 at 02:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 10/11/2016. (TXB, )
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Legal Document (Payment Possibly Required) 63 Filed: 10/11/2016, Entered: 10/11/2016 Court Filing
ORDER REFERRING MOTION upon Consent to Magistrate Judge Disposition as to AD5C442 60 Unopposed MOTION TO CHANGE PLEA filed by AD5C442. Motions referred to Jeremiah C. Lynch. The jury trial set for 11/28/2016 is VACATED as to Defendant AD5C442. Signed by Chief Judge Dana L. Christensen on 10/11/2016. (DLE)
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Legal Document (Payment Possibly Required) 62 Filed: 10/11/2016, Entered: 10/11/2016 Court Filing
ORDER REFERRING MOTION upon Consent to Magistrate Judge Disposition as to 5B0752F 57 Unopposed MOTION TO CHANGE PLEA filed by 5B0752F. Motions referred to Jeremiah C. Lynch. The jury trial set for 11/28/2016 is VACATED as to Defendant 5B0752F. Signed by Chief Judge Dana L. Christensen on 10/11/2016. (DLE)
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Legal Document (Payment Possibly Required) 60 Filed: 10/5/2016, Entered: 10/5/2016
Unopposed MOTION TO CHANGE PLEA by AD5C442 as to 3B025D7, 906F71A, 5B0752F, AD5C442. (Attachments: # 1 Text of Proposed Order) (Smith, Brian)
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Legal Document (Payment Possibly Required) 59 Filed: 10/4/2016, Entered: 10/4/2016
PLEA AGREEMENT as to AD5C442. (NOS, )
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Legal Document (Payment Possibly Required) 58 Filed: 10/4/2016, Entered: 10/4/2016
PLEA AGREEMENT as to 5B0752F. Original sent to chambers. (ASG, )
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Legal Document (Payment Possibly Required) 57 Filed: 10/4/2016, Entered: 10/4/2016
Unopposed MOTION TO CHANGE PLEA by 5B0752F. (Attachments: # 1 Text of Proposed Order proposed order) (DeSoto, Kathleen)
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Blank  Filed: 9/20/2016, Entered: 9/20/2016
Terminate Deadlines and Hearings as to 3B025D7, 906F71A, 5B0752F, AD5C442: discovery deadline. (ASG, )
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Blank  Filed: 9/1/2016, Entered: 9/1/2016
Terminate Deadlines and Hearings as to 5B0752F: Initial Appearance/Revocation 09/01/2016 (APP, )
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Legal Document (Payment Possibly Required) 56 Filed: 9/1/2016, Entered: 9/1/2016 Court Filing
ORDER of Detention as to 5B0752F. Defendant's pretrial release is revoked. Signed by Magistrate Judge Jeremiah C. Lynch on 9/1/2016. (NOS, )
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Blank 55 Filed: 9/1/2016, Entered: 9/1/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Bond Hearing as to 5B0752F held on 9/1/2016; AUSA Tara Elliott appeared for the govt, CJA counsel Katie DeSoto appeared w/ in custody defendant; Affidavit filed to revoke pretrial release-defendant reviewed and understood the same; Advised of rights, right to a prelim hearing-waived hearing; Govt seeks detention, defendant requests release-denied; Defendant remanded to the custody of the USM pending further proceedings; Hearing commenced at 2:40 p.m. and concluded at 2:45 p.m. (Court Reporter FTR Gold) (USPO: A. Hunter), (Hearing held in Missoula) (APP, )
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Legal Document (Payment Possibly Required) 54 Filed: 9/1/2016, Entered: 9/1/2016
Arrest Warrant Returned Executed on 8/29/2016 in case as to 5B0752F. (ASG, )
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Blank  Filed: 8/31/2016, Entered: 8/31/2016
Set/Reset Hearings as to 5B0752F Initial Appearance on Revocation Proceedings set for 9/1/2016 at 02:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (TCL, )
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Legal Document (Payment Possibly Required) 53 Filed: 8/30/2016, Entered: 8/30/2016 Court Filing
ORDER OF DETENTION as to 3B025D7. Signed by Magistrate Judge Jeremiah C. Lynch on 8/30/2016. (APP, )
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Blank 52 Filed: 8/29/2016, Entered: 8/29/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Detention Hearing as to 3B025D7 held on 8/29/2016; AUSA Adam Duerk appeared for the govt, FD John Rhodes appeared w/ in custody defendant; Govt called Agent Monte Shaide, s/t; Both sides gave argument; Defendant will not be released - remanded to the custody of USM pending further proceedings; Hearing commenced at 2:04 p.m. and concluded at 2:20 p.m. (Court Reporter FTR Gold) (USPO: J. Keiley), (Hearing held in Missoula) (APP, )
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Legal Document (Payment Possibly Required) 48 Filed: 8/24/2016, Entered: 8/24/2016 Court Filing
ORDER granting 47 Motion for Detention Hearing as to 3B025D7 (1) Detention Hearing set for 8/29/2016 at 02:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 8/24/2016. (TXB, )
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Legal Document (Payment Possibly Required) 47 Filed: 8/23/2016, Entered: 8/23/2016
Unopposed MOTION for Detention Hearing by 3B025D7. (Rhodes, John)
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Legal Document (Payment Possibly Required) 46 Filed: 8/4/2016, Entered: 8/4/2016
Writ of Habeas Corpus NUNC PRO TUNC ad Prosequendum Issued as to 906F71A for June 24, 2016. (NOS, )
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Legal Document (Payment Possibly Required) 45 Filed: 8/4/2016, Entered: 8/4/2016 Court Filing
ORDER granting 41 Motion to Continue as to 3B025D7 (1). Motions due by 10/21/2016. Plea Agreement due by 11/17/2016. Jury Trial RESET for 11/28/2016 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 8/4/2016. (DLE)
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Legal Document (Payment Possibly Required) 44 Filed: 8/3/2016, Entered: 8/3/2016 Court Filing
ORDER granting 37 Motion for Writ as to 906F71A (2). Signed by Magistrate Judge Jeremiah C. Lynch on 8/3/2016. (TXB, )
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Legal Document (Payment Possibly Required) 43 Filed: 8/1/2016, Entered: 8/1/2016
WAIVER of Speedy Trial by 3B025D7 (Rhodes, John)
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Legal Document (Payment Possibly Required) 42 Filed: 8/1/2016, Entered: 8/1/2016
BRIEF/MEMORANDUM in Support by 3B025D7 re 41 Unopposed MOTION to Continue (Rhodes, John)
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Legal Document (Payment Possibly Required) 41 Filed: 8/1/2016, Entered: 8/1/2016
Unopposed MOTION to Continue by 3B025D7. (Attachments: # 1 Text of Proposed Order Proposed Order) (Rhodes, John)
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Legal Document (Payment Possibly Required) 37 Filed: 7/25/2016, Entered: 7/25/2016
MOTION for Writ of Habeas Corpus Nunc Pro Tunc (For Prosecution) by USA as to 906F71A. (Attachments: # 1 Writ of Habeas Corpus Nunc Pro Tunc, # 2 Text of Proposed Order) (Elliott, Tara)
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Legal Document (Payment Possibly Required) 36 Filed: 7/13/2016, Entered: 7/13/2016 Court Filing
SCHEDULING ORDER as to 3B025D7, 906F71A, 5B0752F, AD5C442: Discovery due by 7/29/2016. Motions due by 8/8/2016. Plea Agreement due by 9/1/2016. Jury Trial set for 9/12/2016 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 7/13/2016. (DLE)
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Legal Document (Payment Possibly Required) 35 Filed: 7/6/2016, Entered: 7/7/2016 Court Filing
ORDER OF DETENTION as to AD5C442. Signed by Magistrate Judge Jeremiah C. Lynch on 7/6/2016. (ASG, )
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Legal Document (Payment Possibly Required) 34 Filed: 7/6/2016, Entered: 7/7/2016 Court Filing
Order Appointing CJA Counsel (Brian Smith) as to AD5C442. Reimbursement information: Defendant is not required to reimburse the Court. Signed by Magistrate Judge Jeremiah C. Lynch on 7/6/2016. (ASG, )
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Legal Document (Payment Possibly Required) 33 Filed: 7/6/2016, Entered: 7/7/2016
CJA 23 Financial Affidavit by AD5C442. (ASG, )
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Legal Document (Payment Possibly Required) 32 Filed: 7/6/2016, Entered: 7/7/2016 Court Filing
TEXT Order Setting as to AD5C442: Preliminary Pretrial Conference set for 7/13/2016 at 10:45 AM in Missoula, MT before Judge Dana L. Christensen. Signed by Magistrate Judge Jeremiah C. Lynch on 7/6/2016. (NOS, )
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Legal Document (Payment Possibly Required) 31 Filed: 7/6/2016, Entered: 7/7/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Initial Appearance and Arraignment as to AD5C442 held on 7/6/2016. AUSA Tara Elliot appearing on behalf of the govt. CJA Counsel Brian Smith appearing with and appointed to represent in-custody Defendant. Defendant acknowledges true name. Court reviews charges w/ forfeiture allegation, penalties, and rights with Defendant understanding the same. Defendant reviewed Indictment w/ Counsel prior to court; waives reading. Plea entered by AD5C442 (4): Not Guilty on Counts 1,2,3,4-8,9,10. PPTC set for 7/13/2016 at 10:45 a.m. w/ Chief Judge Christensen. Defendant in court by way of writ; remanded to custody of USM pending further proceedings. Hearing commenced at 4:08 p.m. and concluded at 4:15 p.m. (Court Reporter JoAnn Bacheller) (USPO: J. Waller), (Hearing held in Missoula) (NOS, )
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Blank  Filed: 7/6/2016, Entered: 7/7/2016
Case unsealed as to AD5C442. Attorney update: Attorney Brian C. Smith for AD5C442 added. (NOS, )
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Legal Document (Payment Possibly Required) 30 Filed: 7/6/2016, Entered: 7/6/2016
Arrest Warrant Returned Executed on 7/6/2016 in case as to AD5C442. (ASG, )
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Blank  Filed: 7/5/2016, Entered: 7/5/2016
Terminate Deadlines and Hearings as to AD5C442, Set/Reset Hearings as to AD5C442 ( Arraignment set for 7/6/2016 at 04:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch., Initial Appearance set for 7/6/2016 at 04:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.) (TCL, )
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Legal Document (Payment Possibly Required) 29 Filed: 6/27/2016, Entered: 6/28/2016 Court Filing
ORDER Setting Conditions of Release as to 5B0752F. Signed by Magistrate Judge Jeremiah C. Lynch on 6/27/2016. (APP, )
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Legal Document (Payment Possibly Required) 28 Filed: 6/27/2016, Entered: 6/28/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Detention Hearing as to 5B0752F held on 6/27/2016; AUSA Tara Elliott appeared for the govt, CJA counsel Katie DeSoto appeared w/ in custody defendant; Both sides gave argument; Defendant released w/ conditions; Hearing commenced at 3:41 p.m. and concluded at 3:53 p.m. (Court Reporter FTR Gold) (USPO: JR Waller), (Hearing held in Missoula) (APP, )
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Legal Document (Payment Possibly Required) 27 Filed: 6/27/2016, Entered: 6/27/2016 Court Filing
Order Vacating as to 5B0752F, Order Setting as to 5B0752F ( Detention Hearing set for 6/27/2016 at 03:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.). Signed by Magistrate Judge Jeremiah C. Lynch on 6/27/2016. (TCL, )
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Blank  Filed: 6/24/2016, Entered: 6/24/2016
Terminate Hearings as to 906F71A: Detention Hearing 06/27/2016 (APP, )
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Legal Document (Payment Possibly Required) 26 Filed: 6/24/2016, Entered: 6/24/2016 Court Filing
TEXT Order RESETTING as to 906F71A, 5B0752F: Detention Hearing set for 6/27/2016 at 01:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch FOR 5B0752F ONLY. 906F71A was set in error. Signed by Magistrate Judge Jeremiah C. Lynch on 6/24/2016. (APP, )
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Legal Document (Payment Possibly Required) 25 Filed: 6/24/2016, Entered: 6/24/2016 Court Filing
TEXT Order Setting as to 906F71A, 5B0752F: Detention Hearing set for 6/27/2016 at 01:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Signed by Magistrate Judge Jeremiah C. Lynch on 6/24/2016. (APP, )
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Legal Document (Payment Possibly Required) 24 Filed: 6/24/2016, Entered: 6/24/2016 Court Filing
TEXT Order Setting as to 3B025D7, 906F71A, 5B0752F: Preliminary Pretrial Conference set for 7/13/2016 at 10:45 AM in Missoula, MT before Judge Dana L. Christensen. Signed by Magistrate Judge Jeremiah C. Lynch on 6/24/2016. (APP, )
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Legal Document (Payment Possibly Required) 23 Filed: 6/24/2016, Entered: 6/24/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Arraignment as to 906F71A (2) Count 1,2,3,4-8,9,10,12 and 5B0752F (3) Count 1,2,3,4-8,9,10 held on 6/24/2016; AUSA Tara Elliott appeared for the govt, Attorney Jamie Iguchi appeared on behalf of CJA counsel Ryan Heuwinkel w/ in custody defendant 906F71A, CJA counsel Katie DeSoto appeared w/ in custody defendant 5B0752F; Read charges, penalty, rights w/ defendants understanding the same; Defendants reviewed indictment w/ counsel prior to court and waived reading; Plea entered by defendants not guilty; PPTC set for 7/13/16 at 10:45 a.m.; Defendants remanded to the custody of USM pending further proceedings; Hearing commenced at 9:28 a.m. and concluded at 9:40 a.m. (Court Reporter FTR Gold) (USPO: J. McElroy), (Hearing held in Missoula) (APP, )
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Legal Document (Payment Possibly Required) 22 Filed: 6/24/2016, Entered: 6/24/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Arraignment as to 3B025D7 (1) Count 1,2,3,4-8,9,10,11 held on 6/24/2016; AUSA Tara Elliott appeared for the govt, FD John Rhodes appeared w/ in custody defendant; Read charges, penalty, rights w/ defendant understanding the same; Defendant reviewed indictment w/ counsel prior to court and waived reading; Plea entered by defendant not guilty; PPTC set for 7/13/16 at 10:45 a.m.; Defendant remanded to the custody of USM pending further proceedings; Hearing commenced at 8:27 a.m. and concluded at 8:31 a.m. (Court Reporter FTR Gold) (USPO: J. McElroy), (Hearing held in Missoula) (APP, )
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Blank  Filed: 6/24/2016, Entered: 6/24/2016
Case unsealed as to 3B025D7, 906F71A, 5B0752F (APP, )
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Legal Document (Payment Possibly Required) 21 Filed: 6/23/2016, Entered: 6/23/2016 Court Filing
TEXT ORDER granting 20 Motion to Continue as to 3B025D7 (1) Arraignment set for 6/24/2016 at 08:15 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 6/23/2016. (TXB, )
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Blank  Filed: 6/23/2016, Entered: 6/23/2016
Set/Reset Hearings as to 3B025D7 Arraignment set for 6/24/2016 at 08:15 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (TXB, )
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Legal Document (Payment Possibly Required) 20 Filed: 6/23/2016, Entered: 6/23/2016
MOTION to Continue Arraignment by 3B025D7. (Attachments: # 1 Text of Proposed Order) (NOS, )
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Blank  Filed: 6/23/2016, Entered: 6/23/2016
Set/Reset Hearings as to 3B025D7, 906F71A, 5B0752F Arraignment set for 6/24/2016 at 09:00 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (TXB, )
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Legal Document (Payment Possibly Required) 19 Filed: 6/23/2016, Entered: 6/23/2016 Court Filing
Writ of Habeas Corpus ad Prosequendum (Amended per Order) Issued as to AD5C442 for July 6, 2016. Arraignment set for 7/6/2016 at 02:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Initial Appearance set for 7/6/2016 at 02:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (ASG, )
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Blank  Filed: 6/22/2016, Entered: 6/23/2016
Terminate Deadlines and Hearings as to AD5C442: reset arraignment/ie. (ASG, )
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Legal Document (Payment Possibly Required) 18 Filed: 6/22/2016, Entered: 6/22/2016 Court Filing
Writ of Habeas Corpus ad Prosequendum Issued as to AD5C442 for 7/21/2016. Arraignment set for 7/21/2016 at 10:00 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Initial Appearance set for 7/21/2016 at 10:00 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (ASG, )
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Legal Document (Payment Possibly Required) 17 Filed: 6/22/2016, Entered: 6/22/2016 Court Filing
ORDER granting 16 Motion for Writ of Habeas Corpus ad prosequendum as to AD5C442 (4). Signed by Magistrate Judge Jeremiah C. Lynch on 6/22/2016. (ASG, )
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Legal Document (Payment Possibly Required) 16 Filed: 6/22/2016, Entered: 6/22/2016
MOTION for Writ of Habeas Corpus ad prosequendum by USA as to AD5C442. (Attachments: # 1 Proposed Order, # 2 Proposed Writ) (ASG, )
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Sealed Legal Document 14 Filed: 6/21/2016, Entered: 6/22/2016
Criminal Cover Sheet filed by USA regarding the 9 Indictment (Sealed), as to AD5C442. (ASG, )
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Sealed Legal Document 13 Filed: 6/21/2016, Entered: 6/22/2016
Criminal Cover Sheet filed by USA regarding the 9 Indictment (Sealed), as to 5B0752F. (ASG, )
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Sealed Legal Document 12 Filed: 6/21/2016, Entered: 6/22/2016
Criminal Cover Sheet filed by USA regarding the 9 Indictment (Sealed), as to 906F71A. (ASG, )
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Sealed Legal Document 11 Filed: 6/21/2016, Entered: 6/22/2016
Criminal Cover Sheet filed by USA regarding the 9 Indictment (Sealed) as to 3B025D7. (ASG, )
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Legal Document (Payment Possibly Required) 10 Filed: 6/21/2016, Entered: 6/22/2016
Redacted Indictment as to 3B025D7, 906F71A, 5B0752F, AD5C442. (ASG, )
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Sealed Legal Document 9 Filed: 6/21/2016, Entered: 6/22/2016
SEALED INDICTMENT as to 3B025D7 (1) count(s) 1, 2, 3, 4-8, 9, 10, 11, 906F71A (2) count(s) 1, 2, 3, 4-8, 9, 10, 12, 5B0752F (3) count(s) 1, 2, 3, 4-8, 9, 10, AD5C442 (4) count(s) 1, 2, 3, 4-8, 9, 10. (ASG, )
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Legal Document (Payment Possibly Required) 6 Filed: 6/7/2016, Entered: 6/7/2016
NOTICE of Waiver of Detention Hearing by 5B0752F (DeSoto, Kathleen) [9:16-mj-00039-JCL]
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Legal Document (Payment Possibly Required) 5 Filed: 6/1/2016, Entered: 6/1/2016 Court Filing
ORDER OF DETENTION as to 5B0752F. Signed by Magistrate Judge Jeremiah C. Lynch on 6/1/2016. (APP, ) [9:16-mj-00039-JCL]
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Legal Document (Payment Possibly Required) 4 Filed: 5/31/2016, Entered: 6/1/2016 Court Filing
ORDER APPOINTING COUNSEL: CJA PANEL COUNSEL, Katie DeSoto, for 5B0752F. Signed by Magistrate Judge Jeremiah C. Lynch on 5/31/2016. (APP, ) [9:16-mj-00039-JCL]
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Legal Document (Payment Possibly Required) 3 Filed: 5/31/2016, Entered: 6/1/2016
CJA 23 Financial Affidavit by 5B0752F (APP, ) [9:16-mj-00039-JCL]
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Blank  Filed: 5/31/2016, Entered: 5/31/2016
Arrest of 5B0752F (APP, ) [9:16-mj-00039-JCL]
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Legal Document (Payment Possibly Required) 2 Filed: 5/31/2016, Entered: 5/31/2016 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Initial Appearance as to 5B0752F held on 5/31/2016; AUSA Tara Elliott appeared for the govt, CJA counsel Katie DeSoto appointed and appeared w/ in custody defendant; Read charges, penalty, rights w/ defendant understanding the same, right to a prelim hearing-waived hearing; Defendant reserves right to detention hearing-granted; Defendant remanded to the custody of the USM pending further proceedings; Hearing commenced at 4:16 p.m. and concluded at 4:21 p.m. (Court Reporter JoAnn Bacheller) (USPO: JR Waller), (Hearing held in Missoula) (APP, ) [9:16-mj-00039-JCL]
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Blank  Filed: 5/31/2016, Entered: 5/31/2016
Set Hearings as to 5B0752F: Initial Appearance set for 5/31/2016 at 03:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (APP, ) [9:16-mj-00039-JCL]
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Legal Document (Payment Possibly Required) 1 Filed: 5/31/2016, Entered: 5/31/2016
COMPLAINT as to 5B0752F (1). (Attachments: # 1 Affidavit) (APP, ) [9:16-mj-00039-JCL]
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Blank  Filed: 5/31/2016, Entered: 5/31/2016
Arrest of 906F71A (APP, ) [9:16-mj-00040-JCL]
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Blank  Filed: 5/31/2016, Entered: 5/31/2016
Set Hearings as to 906F71A: Initial Appearance set for 5/31/2016 at 03:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (APP, ) [9:16-mj-00040-JCL]
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Blank  Filed: 5/31/2016, Entered: 5/31/2016
Arrest of 3B025D7 (APP, ) [9:16-mj-00038-JCL]
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Blank  Filed: 5/31/2016, Entered: 5/31/2016
Set Hearings as to 3B025D7: Initial Appearance set for 5/31/2016 at 03:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (APP, ) [9:16-mj-00038-JCL]
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