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 158 |
Filed: 11/10/2020, Entered: 11/10/2020 |
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PRESENTENCE INVESTIGATION REPORT (Sealed) as to E9DACEE (APP) (Main Document 158 replaced on 11/12/2020) (APP).
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 157 |
Filed: 11/5/2020, Entered: 11/5/2020 |
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STATEMENT OF REASONS as to E9DACEE re 156 Judgment. Signed by Judge Donald W. Molloy on 11/5/2020. (APP)
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| 156 |
Filed: 11/5/2020, Entered: 11/5/2020 |
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JUDGMENT as to E9DACEE (1). Signed by Judge Donald W. Molloy on 11/5/2020. (APP)
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Request |
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| 155 |
Filed: 11/5/2020, Entered: 11/5/2020 |
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MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Sentencing held on 11/5/2020 for E9DACEE (1); AUSA Tim Racicot appeared for the govt, CJA counsel Ryan Heuwinkel appeared w/ released defendant; No objections to the PSR; Plea agreement accepted/rely on PSR; Counsel Heuwinkel speaks on behalf of Defendant; Defendant allocutes; AUSA Racicot makes recommendation on behalf of the Government; Judgment - Defendant sentenced on Counts 1ss,2ss to a term of time served to run concurrent, 3 yrs supervised release to run concurrent, standard/special conditions, no fine, $100 special assessment on each count; Indictment/Superseding Information dismissed with prejudice; No legal objections to sentencing; Hearing commenced at 10:25 a.m. and concluded at 10:54 a.m. Presentence Report due by 11/12/2020. (Court Reporter Tina Brilz) (USPO: B. Hogan), (Law Clerk: S. Stephens), (Hearing held in Missoula) (APP)
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| 154 |
Filed: 11/4/2020, Entered: 11/4/2020 |
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Order Reassigning Case as to E9DACEE to Judge Donald W. Molloy. Judge Dana L. Christensen no longer assigned to the case. Signed by Judge Brian Morris on 11/4/2020. (APP)
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Request |
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| 153 |
Filed: 10/29/2020, Entered: 10/29/2020 |
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RESPONSE as to E9DACEE Response to Defendant's Sentencing Memorandum re 151 (Thaggard, Joseph)
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Request |
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| 152 |
Filed: 10/26/2020, Entered: 10/26/2020 |
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NOTICE of Filing Letters in Support of Sentencing by E9DACEE (Attachments: # 1 Exhibit 1-Letter in Support) (Heuwinkel, Ryan)
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Request |
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| 151 |
Filed: 10/26/2020, Entered: 10/26/2020 |
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SENTENCING MEMORANDUM by E9DACEE (Heuwinkel, Ryan)
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Request |
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| 150 |
Filed: 10/26/2020, Entered: 10/26/2020 |
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SENTENCING MEMORANDUM by USA as to E9DACEE (Thaggard, Joseph)
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Request |
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| 149 |
Filed: 8/28/2020, Entered: 8/28/2020 |
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ORDER granting 138 Motion to Change Plea as to E9DACEE and adopting Findings and Recommendations 148 in full. Signed by Judge Dana L. Christensen on 8/28/2020. (ASG)
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Request |
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| 148 |
Filed: 8/13/2020, Entered: 8/13/2020 |
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FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to E9DACEE. Signed by Magistrate Judge Kathleen L. DeSoto on 8/13/2020. (APP)
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Request |
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| 147 |
Filed: 8/13/2020, Entered: 8/13/2020 |
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CONSENT TO proceed before a Magistrate Judge for a Guilty Plea as to E9DACEE (APP)
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Request |
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| 146 |
Filed: 8/13/2020, Entered: 8/13/2020 |
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WAIVER OF INDICTMENT by E9DACEE (APP)
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Request |
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| 145 |
Filed: 8/13/2020, Entered: 8/13/2020 |
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Order Setting as to E9DACEE: Sentencing set for 11/5/2020 at 10:30 AM in Missoula, MT before Judge Dana L. Christensen. Signed by Judge Dana L. Christensen on 8/13/2020. (ASG) Court reporter Tina Brilz to cover sentencing in magistrate courtroom. (NOS)
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Request |
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| 144 |
Filed: 8/13/2020, Entered: 8/13/2020 |
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MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen L. DeSoto: Arraignment and Change of Plea Hearing as to E9DACEE held on 8/13/2020; AUSA Ryan Weldon appeared for the govt, CJA counsel Ryan Heuwinkel appeared w/ released defendant; Read charges of superseding Information; Defendant reviewed and understood the same; Signed waiver of indictment; Not guilty plea entered on defendant's behalf; Defendant sworn in and consented to USMJ; Answered standard questions given by the court; Govt summarized plea agreement/legal elements/offer of proof; Defendant entered plea of guilty to Count 1,2; Sentencing set for 11/5/20 at 10:30 a.m. w/ Judge Christensen; Defendant remains released w/ conditions; Hearing commenced at 1:35 p.m. and concluded at 2:26 p.m. (Court Reporter FTR Gold) (Hearing held in Missoula) (APP)
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| 143 |
Filed: 8/4/2020, Entered: 8/4/2020 |
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OFFER OF PROOF as to E9DACEE (Thaggard, Joseph)
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Request |
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| 142 |
Filed: 8/4/2020, Entered: 8/4/2020 |
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Order Setting as to E9DACEE Change of Plea Hearing set for 8/13/2020 at 01:30 PM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto.. Signed by Magistrate Judge Kathleen L. DeSoto on 8/4/2020. (TXB)
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Request |
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| 141 |
Filed: 8/3/2020, Entered: 8/4/2020 |
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PLEA AGREEMENT as to E9DACEE. Original to chambers (TAG)
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Request |
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| 140 |
Filed: 8/3/2020, Entered: 8/4/2020 |
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SECOND SUPERSEDING INFORMATION as to E9DACEE (1) count(s) 1ss-2ss. (TAG)
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Request |
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Filed: 7/30/2020, Entered: 7/30/2020 |
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Terminate Deadlines and Hearings as to E9DACEE (APP)
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| 139 |
Filed: 7/29/2020, Entered: 7/29/2020 |
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ORDER REFERRING MOTION as to E9DACEE 138 Unopposed MOTION TO CHANGE PLEA filed by E9DACEE. Motions referred to Kathleen L. DeSoto. Signed by Judge Dana L. Christensen on 7/29/2020. (APP)
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Request |
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| 138 |
Filed: 7/29/2020, Entered: 7/29/2020 |
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Unopposed MOTION TO CHANGE PLEA by E9DACEE. (Attachments: # 1 Text of Proposed Order) (Heuwinkel, Ryan)
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Request |
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| 137 |
Filed: 7/13/2020, Entered: 7/13/2020 |
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ORDER granting 135 unopposed motion to continue trial and unexpired deadlines. The trial set for August 10, 2020 is VACATED and RESET for October 19, 2020 at 9:00 a.m. in the Russell Smith Federal Courthouse, Missoula, Montana. IT IS FURTHER ORDERED that the motions deadline (including motions in limine) is VACATED and RESET for August 13, 2020. The plea agreement deadline is VACATED and RESET for October 8, 2020. The JERS deadline is RESET for October 14, 2020. The jury instructions and trial briefs deadline is RESET for October 14, 2020. The scheduling order of June 24, 2020 129 remains in full force and effect in all other respects. Signed by Judge Dana L. Christensen on 7/13/2020. (ASG)
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Request |
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| 136 |
Filed: 7/10/2020, Entered: 7/10/2020 |
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BRIEF/MEMORANDUM in Support by E9DACEE re 135 Unopposed MOTION to Continue Trial and Unexpired Deadlines (Attachments: # 1 Text of Proposed Order) (Heuwinkel, Ryan)
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Request |
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| 135 |
Filed: 7/10/2020, Entered: 7/10/2020 |
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Unopposed MOTION to Continue Trial and Unexpired Deadlines by E9DACEE. (Heuwinkel, Ryan)
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Request |
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| 133 |
Filed: 7/9/2020, Entered: 7/9/2020 |
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ORDER Setting Conditions of Release as to E9DACEE. Signed by Judge Dana L. Christensen on 7/9/2020. Copy to USMS. (ASG)
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Request |
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| 132 |
Filed: 7/9/2020, Entered: 7/9/2020 |
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MINUTE ENTRY for proceedings held before Judge Dana L. Christensen: Detention Hearing as to E9DACEE held on 7/9/2020. Ryan Heuwinkel appearing via phone on behalf of Defendant E9DACEE (also via phone); Joe Thaggard appearing via phone for USA. Court hears unopposed motion for release of Defendant E9DACEE and takes matter under advisement. In recess. Hearing commenced at 11:29am and concluded at 11:47am. (Court Reporter JoAnn Corson) (USPO: M. Henkel), (Law Clerk: S. Best), (Hearing held in Missoula, MT) (ASG)
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| 131 |
Filed: 7/2/2020, Entered: 7/2/2020 |
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Order Setting as to E9DACEE: Telephonic Detention Hearing set for 7/9/2020 at 11:30 AM in Missoula, MT before Judge Dana L. Christensen. Counsel and Mr. E9DACEE shall appear telephonically at that time. SEE Order for further information. Signed by Judge Dana L. Christensen on 7/2/2020. (dle)
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Request |
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| 130 |
Filed: 7/1/2020, Entered: 7/1/2020 |
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Unopposed MOTION for Detention Hearing by E9DACEE. (Attachments: # 1 Text of Proposed Order) (Heuwinkel, Ryan)
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Request |
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| 129 |
Filed: 6/24/2020, Entered: 6/24/2020 |
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SCHEDULING ORDER as to E9DACEE: Discovery due by 6/29/2020. Motions due by 7/13/2020. Plea Agreement due by 7/30/2020. Jury Trial set for 8/10/2020 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Judge Dana L. Christensen on 6/24/2020. (dle)
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Request |
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| 128 |
Filed: 6/19/2020, Entered: 6/19/2020 |
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NOTICE OF ATTORNEY APPEARANCE Joseph E. Thaggard appearing for USA. C-Counsel for United States (Thaggard, Joseph)
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Request |
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| 127 |
Filed: 6/11/2020, Entered: 6/11/2020 |
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NOTICE of Substitution of Counsel by USA as to E9DACEE (Tatarka, Timothy)
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Request |
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| 126 |
Filed: 6/11/2020, Entered: 6/11/2020 |
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TEXT ORDER Setting as to E9DACEE: Telephonic Preliminary Pretrial Conference set for 6/24/2020 at 10:00 AM in Missoula, MT before Judge Dana L. Christensen. Signed by Judge Dana L. Christensen on 6/11/2020. (dle)
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Request |
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Filed: 6/11/2020, Entered: 6/11/2020 |
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Case reopened as to E9DACEE (TAG)
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| 125 |
Filed: 6/11/2020, Entered: 6/11/2020 |
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ORDER granting 71 , 82 Motion to Vacate (2255); denying as moot 87 Motion for Discovery as to E9DACEE (1). Judgment 65 VACATED. United States Marshals Service will promptly transport E9DACEE to the District of Montana. Ryan Heuwinkel's appointment as habeas counsel is TERMINATED; Heuwinkel is APPOINTED to represent E9DACEE in the criminal case. Trial on the Indictment 1 will be set by separate Order. Signed by Judge Dana L. Christensen on 6/11/2020. Forwarded to USMS; FDOM CJA (TAG)
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Request |
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| 124 |
Filed: 2/28/2020, Entered: 2/28/2020 |
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Answer to 2255 Motion by USA as to E9DACEE (Supplemental) (Bartleson, Tom)
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Request |
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| 123 |
Filed: 2/25/2020, Entered: 2/25/2020 |
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ORDER as to E9DACEE. United States may respond to E9DACEE supplement on or before March 4, 2020. Signed by Judge Dana L. Christensen on 2/25/2020. Mailed to E9DACEE at Yankton (TAG)
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Request |
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| 122 |
Filed: 2/18/2020, Entered: 2/18/2020 |
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Supplement re 121 Reply to Response to Motion, 82 Amended MOTION to Vacate under 28 U.S.C. 2255 , 106 Response to Motion,, (Attachments: # 1 Exhibit V - Verdict, # 2 Exhibit W - 2nd Am Info, # 3 Exhibit X - Ack of Rights, # 4 Exhibit Y - Judgment) (Heuwinkel, Ryan)
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Request |
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| 121 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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REPLY TO RESPONSE to Motion by E9DACEE re 82 Amended MOTION to Vacate under 28 U.S.C. 2255 (Heuwinkel, Ryan)
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Request |
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| 120 |
Filed: 10/11/2019, Entered: 10/11/2019 |
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Supplement re 118 Order Setting (Bartleson, Tom)
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Request |
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| 119 |
Filed: 10/11/2019, Entered: 10/11/2019 |
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NOTICE of E9DACEE Position on Exhibits Attached to Pleadings by E9DACEE re 118 Order Setting (Heuwinkel, Ryan)
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Request |
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| 118 |
Filed: 9/27/2019, Entered: 9/27/2019 |
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ORDER as to E9DACEE. Responses due by 10/11/2019. Signed by Judge Dana L. Christensen on 9/27/2019. (TAG)
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Request |
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Filed: 9/4/2019, Entered: 9/4/2019 |
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Terminate Deadline as to E9DACEE (TAG)
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| 117 |
Filed: 7/8/2019, Entered: 7/8/2019 |
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Sealed Document Unredacted Ex. U - Email re: 116 Supplement by E9DACEE (Heuwinkel, Ryan)
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| 116 |
Filed: 7/8/2019, Entered: 7/8/2019 |
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Supplement re 82 Amended MOTION to Vacate under 28 U.S.C. 2255 (Attachments: # 1 Exhibit T - Declaration, # 2 Exhibit U - Sealed Doc) (Heuwinkel, Ryan)
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Request |
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| 115 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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Sealed Document Unredacted Exhibit Q re: 106 Response to Motion,, by E9DACEE (Heuwinkel, Ryan)
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| 114 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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Sealed Document Unredacted Exhibit P re: 106 Response to Motion,, by E9DACEE (Heuwinkel, Ryan)
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| 113 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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Sealed Document Unredacted Exhibit O re: 106 Response to Motion,, by E9DACEE (Heuwinkel, Ryan)
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| 112 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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Sealed Document Unredacted Exhibit N re: 106 Response to Motion,, by E9DACEE (Heuwinkel, Ryan)
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| 111 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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Sealed Document Unredacted Exhibit M re: 106 Response to Motion,, by E9DACEE (Heuwinkel, Ryan)
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| 110 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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Sealed Document Unredacted Exhibit L re: 106 Response to Motion,, by E9DACEE (Heuwinkel, Ryan)
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| 109 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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Sealed Document Unredacted Exhibit K re: 106 Response to Motion,, by E9DACEE (Heuwinkel, Ryan)
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| 108 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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Sealed Document Unredacted Exhibit J re: 107 Sealed Document Unredacted by E9DACEE (Heuwinkel, Ryan)
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| 107 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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Sealed Document Unredacted re: 106 Response to Motion,, by E9DACEE (Heuwinkel, Ryan)
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| 106 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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RESPONSE to Motion by E9DACEE re 97 Unopposed MOTION for Extension of Time to File Response/Reply as to 82 Amended MOTION to Vacate under 28 U.S.C. 2255 , 94 Answer to 2255 Motion , 82 Amended MOTION to Vacate under 28 U.S.C. 2255 (Attachments: # 1 Exhibit I - Sealed Doc, # 2 Exhibit J - Sealed Doc, # 3 Exhibit K - Sealed Doc, # 4 Exhibit L - Sealed Doc, # 5 Exhibit M - Sealed Doc, # 6 Exhibit N - Sealed Doc, # 7 Exhibit O - Sealed Doc, # 8 Exhibit P - Sealed Doc, # 9 Exhibit Q - Sealed Doc, # 10 Exhibit R - Order, # 11 Exhibit S - Declaration) (Heuwinkel, Ryan)
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Request |
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| 105 |
Filed: 6/27/2019, Entered: 6/27/2019 |
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ORDER denying 102 Motion for Leave to File Under Seal as to E9DACEE (1). Signed by Judge Dana L. Christensen on 6/27/2019. (TAG)
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Request |
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| 104 |
Filed: 6/26/2019, Entered: 6/26/2019 |
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Lodged Sealed Document re: 102 Unopposed MOTION for Leave to File Under Seal by E9DACEE (Attachments: # 1 Bates 820-822, # 2 Bates 836-850, # 3 Bates 851-856, # 4 Bates 857-866, # 5 Bates 872-885, # 6 Bates 886-890, # 7 Bates 891-900, # 8 Bates 901-928, # 9 Bates 929-934, # 10 Leander Depo, # 11 Leander Ex. 1, # 12 Leander Ex. 2, # 13 Leander Ex. 3, # 14 Bates 001-444) (Heuwinkel, Ryan)
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Request |
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| 103 |
Filed: 6/26/2019, Entered: 6/26/2019 |
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BRIEF/MEMORANDUM in Support by E9DACEE re 102 Unopposed MOTION for Leave to File Under Seal (Attachments: # 1 Text of Proposed Order) (Heuwinkel, Ryan)
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Request |
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| 102 |
Filed: 6/26/2019, Entered: 6/26/2019 |
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Unopposed MOTION for Leave to File Under Seal by E9DACEE. (Heuwinkel, Ryan)
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Request |
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| 98 |
Filed: 5/20/2019, Entered: 5/20/2019 |
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ORDER granting 97 Motion for Extension of Time as to E9DACEE (1). Brief due 6/28/19. Signed by Judge Dana L. Christensen on 5/20/2019. (TAG)
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Request |
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| 97 |
Filed: 5/16/2019, Entered: 5/16/2019 |
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Unopposed MOTION for Extension of Time to File Response/Reply as to 82 Amended MOTION to Vacate under 28 U.S.C. 2255 , 94 Answer to 2255 Motion by E9DACEE. (Attachments: # 1 Text of Proposed Order) (Heuwinkel, Ryan)
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Request |
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| 96 |
Filed: 5/10/2019, Entered: 5/10/2019 |
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TRANSCRIPT DESIGNATION ORDER FORM (by Mikel Moore) as to E9DACEE for proceedings held on 8/22/2018 before Judge Dana L. Christensen. Court reporter JoAnn Jett Corson. (ASG)
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Request |
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| 95 |
Filed: 5/7/2019, Entered: 5/7/2019 |
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Sealed Document Unredacted re: 94 Answer to 2255 Motion by E9DACEE (Attachments: # 1 Exhibit 1) (Bartleson, Tom)
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| 94 |
Filed: 5/7/2019, Entered: 5/7/2019 |
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ANSWER to 2255 Motion by USA as to E9DACEE (Bartleson, Tom)
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Request |
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| 93 |
Filed: 5/2/2019, Entered: 5/2/2019 |
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Return of Service of Subpoena on 04/29/2019 in case as to E9DACEE (Heuwinkel, Ryan)
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Request |
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| 92 |
Filed: 5/2/2019, Entered: 5/2/2019 |
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Return of Service of Subpoena on 04/24/2019 in case as to E9DACEE (Heuwinkel, Ryan)
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Request |
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Filed: 4/11/2019, Entered: 4/11/2019 |
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Terminate Deadlines and Hearings as to E9DACEE: transcript deadlines. (ASG)
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| 91 |
Filed: 4/9/2019, Entered: 4/9/2019 |
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BRIEF/MEMORANDUM in Support by E9DACEE re 87 MOTION for Discovery and Entry of Scheduling Order (Heuwinkel, Ryan)
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Request |
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| 90 |
Filed: 4/2/2019, Entered: 4/2/2019 |
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Sealed Document Unredacted Response in Opposition to Defendant's Motion to Authorize Discovery re: 87 MOTION for Discovery and Entry of Scheduling Order by E9DACEE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Bartleson, Tom)
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Filed: 3/28/2019, Entered: 3/28/2019 |
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Terminate Deadlines and Hearings as to E9DACEE: past transcript deadlines. (ASG)
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| 89 |
Filed: 3/26/2019, Entered: 3/26/2019 |
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ORDER as to E9DACEE. Answer due by 5/7/2019, Reply due withing 21 days of Answer. Signed by Judge Dana L. Christensen on 3/26/2019. (TAG)
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Request |
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| 88 |
Filed: 3/26/2019, Entered: 3/26/2019 |
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BRIEF/MEMORANDUM in Support by E9DACEE re 87 MOTION for Discovery and Entry of Scheduling Order (Attachments: # 1 Exhibit A - Letter, # 2 Exhibit B - Prop Discovery) (Heuwinkel, Ryan)
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Request |
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| 87 |
Filed: 3/26/2019, Entered: 3/26/2019 |
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MOTION for Discovery and Entry of Scheduling Order by E9DACEE. (Heuwinkel, Ryan)
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Request |
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| 86 |
Filed: 3/25/2019, Entered: 3/25/2019 |
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Sealed Document Unredacted Exhibit F re: 82 Amended MOTION to Vacate under 28 U.S.C. 2255 by E9DACEE (Heuwinkel, Ryan)
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| 85 |
Filed: 3/25/2019, Entered: 3/25/2019 |
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Sealed Document Unredacted Exhibit D re: 82 Amended MOTION to Vacate under 28 U.S.C. 2255 by E9DACEE (Heuwinkel, Ryan)
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| 84 |
Filed: 3/25/2019, Entered: 3/25/2019 |
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Sealed Document Unredacted Exhibit C re: 82 Amended MOTION to Vacate under 28 U.S.C. 2255 by E9DACEE (Heuwinkel, Ryan)
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| 83 |
Filed: 3/25/2019, Entered: 3/25/2019 |
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Sealed Document Unredacted Exhibit B re: 82 Amended MOTION to Vacate under 28 U.S.C. 2255 by E9DACEE (Heuwinkel, Ryan)
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| 82 |
Filed: 3/25/2019, Entered: 3/25/2019 |
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Amended MOTION to Vacate under 28 U.S.C. 2255 by E9DACEE. (Attachments: # 1 Exhibit A-Affidavit, # 2 Exhibit B-Sealed Doc, # 3 Exhibit C-Sealed Doc, # 4 Exhibit D-Sealed Doc, # 5 Exhibit E-Feb 7 Letter, # 6 Exhibit F-Sealed Doc, # 7 Exhibit G-Motion for Leave to File, # 8 Exhibit H-Affidavit in Support) (Heuwinkel, Ryan)
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Request |
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| 81 |
Filed: 3/8/2019, Entered: 3/8/2019 |
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TRANSCRIPT DESIGNATION ORDER FORM by USA as to E9DACEE for proceedings held on 8/22/2018 before Judge Christensen. Court reporter JoAnn Jett Corson Transcript due by 3/22/2019. (Bartleson, Tom)
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Request |
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| 80 |
Filed: 3/8/2019, Entered: 3/8/2019 |
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TRANSCRIPT DESIGNATION ORDER FORM by USA as to E9DACEE for proceedings held on 5/7/2018 before Judge Lynch. Court reporter JoAnn Jett Corson Transcript due by 3/22/2019. (Bartleson, Tom)
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Request |
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| 78 |
Filed: 3/2/2019, Entered: 3/2/2019 |
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TRANSCRIPT OF SENTENCING as to E9DACEE held on 8-22-2018 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 14 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 3/25/2019. Redacted Transcript Deadline set for 4/2/2019. Release of Transcript Restriction set for 5/31/2019. (JJC)
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Request |
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| 77 |
Filed: 3/2/2019, Entered: 3/2/2019 |
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TRANSCRIPT OF ARRAIGNMENT AND HEARING ON MOTION TO CHANGE PLEA as to E9DACEE held on 5-7-2018 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 14 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 3/25/2019. Redacted Transcript Deadline set for 4/2/2019. Release of Transcript Restriction set for 5/31/2019. (JJC)
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Request |
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| 76 |
Filed: 2/20/2019, Entered: 2/20/2019 |
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TRANSCRIPT DESIGNATION ORDER FORM by E9DACEE for proceedings held on 08/22/2018 before Judge Dana L. Christensen. Court reporter JoAnn Jett Corson Transcript due by 3/28/2019. (Attachments: # 1 CJA 24 form) (Heuwinkel, Ryan)
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Request |
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| 75 |
Filed: 2/20/2019, Entered: 2/20/2019 |
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TRANSCRIPT DESIGNATION ORDER FORM FTR Gold Recording by E9DACEE for proceedings held on 05/07/2018 before Judge Jeremiah C. Lynch. Court reporter JoAnn Jett Corson Transcript due by 3/28/2019. (Attachments: # 1 CJA 24 form) (Heuwinkel, Ryan)
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Request |
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| 74 |
Filed: 2/8/2019, Entered: 2/8/2019 |
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Order Appointing Counsel as to E9DACEE. Ryan T. Heuwinkel for E9DACEE appointed. Signed by Judge Dana L. Christensen on 2/8/2019. (TAG)
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Request |
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| 73 |
Filed: 2/7/2019, Entered: 2/7/2019 |
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NOTICE OF ATTORNEY APPEARANCE: Ryan T. Heuwinkel appearing for E9DACEE (Heuwinkel, Ryan)
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Request |
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| 72 |
Filed: 2/4/2019, Entered: 2/4/2019 |
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ORDER as to E9DACEE. Notice or Amended Motion due by 3/25/2019. Signed by Judge Dana L. Christensen on 2/4/2019. Mailed to E9DACEE at Yankton; forwarded to FDOM (TAG)
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Request |
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| 71 |
Filed: 1/31/2019, Entered: 2/4/2019 |
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MOTION to Vacate under 28 U.S.C. 2255 by E9DACEE. (Attachments: # 1 Exhibit) (TAG) Civil case 2:19-cv-00009 opened.
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Request |
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| 69 |
Filed: 10/31/2018, Entered: 11/23/2018 |
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CJA 20 as to E9DACEE: Authorization to Pay Peter A. Leander. Amount: $ 13,986.94, Voucher # 0977.0714525.. Signed by Judge Dana L. Christensen on 10/31/2018. Signed by Judge Morgan Christen on 11/5/2018. (KJL)
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Request |
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| 68 |
Filed: 10/31/2018, Entered: 10/31/2018 |
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Judgment Returned Executed as to E9DACEE on October 22, 2018. (ASG)
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Request |
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| 67 |
Filed: 8/22/2018, Entered: 8/22/2018 |
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PRESENTENCE INVESTIGATION REPORT (Sealed) as to E9DACEE. (ASG)
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| 66 |
Filed: 8/22/2018, Entered: 8/22/2018 |
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STATEMENT OF REASONS as to E9DACEE re 65 Judgment. Signed by Judge Dana L. Christensen on 8/22/2018. (ASG)
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Request |
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| 65 |
Filed: 8/22/2018, Entered: 8/22/2018 |
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VACATED JUDGMENT as to E9DACEE (1), Count 1s: Defendant committed to the custody of the BOP for a term of 120 months. Supervised release for a term of 5 years. Conditions as stated in open court. Fine waived. Special assessment of $100.00. Signed by Judge Dana L. Christensen on 8/22/2018. (ASG) Modified on 6/11/2020: vacated per 125 (TAG).
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Request |
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| 64 |
Filed: 8/22/2018, Entered: 8/22/2018 |
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MINUTE ENTRY for proceedings held before Judge Dana L. Christensen: Sentencing held on 8/22/2018 for E9DACEE (1), Count 1s. In-custody defendant appearing with CJA Counsel Peter Leander, Bryan Whittaker for USA. Objections to PSR are ruled on by the Court. Witness sworn and testifies for Government: Special Agent Colin Cialella. Plea agreement accepted. Court reviews statutory and guideline calculations. Counsel Leander speaks on behalf of Defendant. Defendant allocutes. AUSA Whittaker makes recommendation on behalf of USA. Court reviews 3553(a) factors. Defendant committed to the custody of the BOP for a term of 120 months. Supervised release for a term of 5 years. Conditions as stated in open court. Fine waived. Special assessment of $100.00. The underlying indictment is dismissed with prejudice. Right to appeal waived/advised. Defendant remanded to custody of USM. Court is in recess. Hearing commenced at 9:02am and concluded at 10:53am. Presentence Report due by 8/29/2018. (Court Reporter JoAnn Bacheller) (Government Witnesses Sworn and Examined: Colin Cialella), (Government Exhibits Admitted: 1 (attached)), (USPO: D. Hart), (Law Clerk: E. Inabnit), (Hearing held in Missoula, MT) (ASG)
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Request |
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| 63 |
Filed: 8/15/2018, Entered: 8/15/2018 |
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RESPONSE as to E9DACEE to Governments PSM re 61 (Leander, Peter)
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Request |
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| 62 |
Filed: 8/14/2018, Entered: 8/14/2018 |
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NOTICE OF SENTENCING WITNESSES by USA as to E9DACEE (Whittaker, Bryan)
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Request |
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| 61 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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SENTENCING MEMORANDUM by USA as to E9DACEE (Attachments: # 1 Exhibit 1) (Bartleson, Tom)
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Request |
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| 60 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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NOTICE of Letters in Aid of Sentencing by E9DACEE (Attachments: # 1 Exhibit Letter of Support, # 2 Exhibit Letter of Support, # 3 Exhibit Letter of Support) (Leander, Peter)
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Request |
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| 59 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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SENTENCING MEMORANDUM by E9DACEE (Attachments: # 1 Exhibit Letter of Acceptance) (Leander, Peter)
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Request |
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| 58 |
Filed: 8/7/2018, Entered: 8/7/2018 |
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NOTICE OF ATTORNEY APPEARANCE Tom Bartleson appearing for USA. (Bartleson, Tom)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 52 |
Filed: 5/22/2018, Entered: 5/22/2018 |
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS as to E9DACEE for 43 Motion to Change Plea filed by E9DACEE, 51 Findings and Recommendations on Guilty Plea. Signed by Chief Judge Dana L. Christensen on 5/22/2018. (dle)
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Request |
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| 51 |
Filed: 5/7/2018, Entered: 5/8/2018 |
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FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to E9DACEE. Signed by Magistrate Judge Jeremiah C. Lynch on 5/7/2018. (APP)
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Request |
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| 50 |
Filed: 5/7/2018, Entered: 5/8/2018 |
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CONSENT TO proceed before a Magistrate Judge for a Guilty Plea as to E9DACEE (APP)
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Request |
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| 49 |
Filed: 5/7/2018, Entered: 5/8/2018 |
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WAIVER OF INDICTMENT by E9DACEE (APP)
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Request |
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| 48 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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Order Setting as to E9DACEE: Sentencing set for 8/22/2018 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 5/7/2018. (dle)
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Request |
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| 47 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Arraignment and Change of Plea Hearing as to E9DACEE held on 5/7/2018; AUSA Bryan Whittaker appeared for the govt, CJA counsel Peter Leander appeared w/ in custody defendant; Defendant signed waiver of indictment, sworn in and consented to USMJ; Reviewed and understood superseding information, not guilty plea entered on behalf of defendant; Answered standard questions given by the court; Govt summarized plea agreement/offer of proof; Defendant entered plea of guilty; Sentencing set for 8/22/18 at 9:00 a.m. w/ Judge Christensen; Defendant remanded to the custody of USM pending further proceedings; Hearing commenced at 2:05 p.m. and concluded at 2:39 p.m. (Court Reporter FTR Gold) (USPO: B. Hogan), (Hearing held in Missoula) (APP)
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| 46 |
Filed: 4/23/2018, Entered: 4/23/2018 |
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Order Setting as to E9DACEE Change of Plea Hearing set for 5/7/2018 at 02:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 4/23/2018. (TXB)
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Request |
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| 45 |
Filed: 4/19/2018, Entered: 4/19/2018 |
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ORDER REFERRING MOTION upon Consent to Magistrate Judge Disposition as to E9DACEE 43 Unopposed MOTION TO CHANGE PLEA filed by E9DACEE. Motions referred to Jeremiah C. Lynch. The jury trial set for 4/30/2018 is VACATED. Signed by Chief Judge Dana L. Christensen on 4/19/2018. (dle)
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Request |
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| 44 |
Filed: 4/18/2018, Entered: 4/18/2018 |
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OFFER OF PROOF as to E9DACEE (Whittaker, Bryan)
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Request |
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| 43 |
Filed: 4/17/2018, Entered: 4/17/2018 |
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Unopposed MOTION TO CHANGE PLEA by E9DACEE. (Attachments: # 1 Text of Proposed Order proposed order) (Leander, Peter)
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Request |
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| 42 |
Filed: 4/17/2018, Entered: 4/17/2018 |
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PLEA AGREEMENT as to E9DACEE. Original to chambers. (ASG)
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Request |
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| 41 |
Filed: 4/17/2018, Entered: 4/17/2018 |
|
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SUPERSEDING INFORMATION as to E9DACEE (1) count(s) 1s. (ASG)
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Request |
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| |
Filed: 3/20/2018, Entered: 3/20/2018 |
|
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Terminate Deadlines and Hearings as to E9DACEE: Motions Deadline 03/19/2018 (APP)
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| 39 |
Filed: 2/20/2018, Entered: 2/20/2018 |
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ORDER revoking Defendant's pretrial release as to E9DACEE. Signed by Magistrate Judge Jeremiah C. Lynch on 2/20/2018. (NOS)
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Request |
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| 38 |
Filed: 2/20/2018, Entered: 2/20/2018 |
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MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Bond Revocation Hearing as to E9DACEE held on 2/20/2018. AUSA Adam Duerk appeared for the govt, CJA counsel Colin Stephens appeared on behalf of Peter Leander w/ in custody defendant; Amended Petition filed along w/ supporting affidavit-defendant reviewed and understood the same; Advised of rights, right to a prelim hearing-waived hearing; Defendant admits the allegations in the petition, defendant remanded to the custody of the USM Defendant will not be released - Hearing commenced at 11:36 and concluded at 11:43 (Court Reporter FTR Gold) (USPO: E. Hansen), (Hearing held in Missoula) (KJH)
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| 37 |
Filed: 2/20/2018, Entered: 2/20/2018 |
|
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AMENDED AFFIDAVIT - Petition for Action on Conditions of Pretrial Release as to E9DACEE. (NOS)
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Request |
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| 36 |
Filed: 2/16/2018, Entered: 2/16/2018 |
|
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Order Setting as to E9DACEE Pretrial Revocation Hearing set for 2/20/2018 11:30 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch.. Signed by Magistrate Judge Jeremiah C. Lynch on 2/16/2018. (KJH)
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Request |
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| 35 |
Filed: 2/16/2018, Entered: 2/16/2018 |
|
|
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Pretrial Revocation Hearing as to E9DACEE held on 2/16/2018. AUSA Adam Duerk appeared for the govt, CJA counsel Colin Stephens appeared on behalf of Peter Leander w/ in custody defendant; Petition filed along w/ supporting affidavit-defendant reviewed and understood the same; Advised of rights, Defendant requested a hearing, which will be set by separate order; Defendant remanded to the custody of the USM Hearing commenced at 8:36 and concluded at 8:40 (Court Reporter FTR Gold) (USPO: E. Hansen), (Hearing held in Missoula) (KJH)
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| |
Filed: 2/15/2018, Entered: 2/15/2018 |
|
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Set/Reset Hearings as to E9DACEE Initial Appearance on Revocation Proceedings set for 2/16/2018 at 08:30 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (TCL)
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| 34 |
Filed: 2/15/2018, Entered: 2/15/2018 |
|
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Arrest Warrant Returned Executed on 2/14/18 in case as to E9DACEE. (APP)
|
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Request |
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| 29 |
Filed: 2/8/2018, Entered: 2/8/2018 |
|
|
ORDER granting 25 Motion to Continue, and granting 26 Motion to Supplement as to E9DACEE (1). Motions due by 3/19/2018. Plea Agreement due by 4/19/2018. Jury Trial RESET for 4/30/2018 at 9:00 AM in the Mike Mansfield Federal Courthouse, Butte, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 2/8/2018. (dle)
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|
Request |
|
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| 28 |
Filed: 2/6/2018, Entered: 2/6/2018 |
|
|
WAIVER of Speedy Trial by E9DACEE (Leander, Peter)
|
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Request |
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| 27 |
Filed: 2/6/2018, Entered: 2/6/2018 |
|
|
BRIEF/MEMORANDUM in Support by E9DACEE re 26 Unopposed MOTION to Supplement Defendant's Motion to Continue, 25 Unopposed MOTION to Continue Trial and Related Deadlines (Leander, Peter)
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Request |
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| 26 |
Filed: 2/6/2018, Entered: 2/6/2018 |
|
|
Unopposed MOTION to Supplement Defendant's Motion to Continue by E9DACEE. (Leander, Peter)
|
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Request |
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| 25 |
Filed: 2/6/2018, Entered: 2/6/2018 |
|
|
Unopposed MOTION to Continue Trial and Related Deadlines by E9DACEE. (Attachments: # 1 Text of Proposed Order Proposed Order) (Leander, Peter)
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Request |
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| 21 |
Filed: 1/31/2018, Entered: 1/31/2018 |
|
|
SCHEDULING ORDER as to E9DACEE: Discovery due by 2/7/2018. Motions due by 2/21/2018. Plea Agreement due by 3/1/2018. Jury Trial set for 3/12/2018 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 1/31/2018. (dle)
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|
Request |
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| 20 |
Filed: 1/24/2018, Entered: 1/24/2018 |
|
|
ORDER granting 18 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Michael Donahoe and the Federal Defenders of Montana are relieved as counsel and CJA counsel Peter Leander is appointed to represent the Defendant E9DACEE. Signed by Magistrate Judge Jeremiah C. Lynch on 1/24/2018. (NOS)
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Request |
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| 19 |
Filed: 1/24/2018, Entered: 1/24/2018 |
|
|
TEXT ORDER RE-SETTING as to E9DACEE: Telephonic Preliminary Pretrial Conference RESET for 1/31/2018 at 10:15 AM in Missoula, MT before Judge Dana L. Christensen. Signed by Chief Judge Dana L. Christensen on 1/24/2018. (dle) (NEF regenerated as to Counsel Leander on 1/24/18.) (NOS)
|
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Request |
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| 18 |
Filed: 1/23/2018, Entered: 1/23/2018 |
|
|
Unopposed MOTION to Withdraw as Attorney AND APPOINTMENT OF REPLACEMENT CJA COUNSEL by Michael Donahoe. by E9DACEE. (Attachments: # 1 Text of Proposed Order) (Donahoe, Michael)
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Request |
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| 17 |
Filed: 1/17/2018, Entered: 1/17/2018 |
|
|
Arrest Warrant Returned Executed on 1/16/18 in case as to E9DACEE. (NOS)
|
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Request |
|
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| 16 |
Filed: 1/17/2018, Entered: 1/17/2018 |
|
|
ORDER Setting Conditions of Release as to E9DACEE. Signed by Magistrate Judge Jeremiah C. Lynch on 1/17/2018. (APP)
|
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Request |
|
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| 15 |
Filed: 1/17/2018, Entered: 1/17/2018 |
|
|
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Detention Hearing as to E9DACEE held on 1/17/2018; AUSA Adam Duerk appeared for the govt, FD John Rhodes appeared w/ in custody defendant on behalf of FD Michael Donahoe; Both sides gave argument; Defendant will be released with conditions; Hearing commenced at 1:06 p.m. and concluded at 1:17 p.m. (Court Reporter FTR Gold) (USPO: E. Hansen), (Hearing held in Missoula) (APP)
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| 13 |
Filed: 1/16/2018, Entered: 1/17/2018 |
|
|
ORDER APPOINTING FEDERAL PUBLIC DEFENDER Michael Donahoe as to E9DACEE. Reimbursement information: Defendant is not required to reimburse the Court. Signed by Magistrate Judge Jeremiah C. Lynch on 1/16/2018. (APP)
|
|
Request |
|
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| 12 |
Filed: 1/16/2018, Entered: 1/17/2018 |
|
|
CJA 23 Financial Affidavit by E9DACEE (APP)
|
|
Request |
|
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| 11 |
Filed: 1/16/2018, Entered: 1/17/2018 |
|
|
TEXT Order Setting as to E9DACEE: Preliminary Pretrial Conference set for 1/24/2018 at 10:00 AM in Missoula, MT before Judge Dana L. Christensen. Signed by Magistrate Judge Jeremiah C. Lynch on 1/16/2018. (APP)
|
|
Request |
|
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|
| |
Filed: 1/16/2018, Entered: 1/17/2018 |
|
|
Set Hearings as to E9DACEE: Detention Hearing set for 1/17/2018 at 01:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (APP)
|
|
|
|
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| 10 |
Filed: 1/16/2018, Entered: 1/17/2018 |
|
|
MINUTE ENTRY for proceedings held before Magistrate Judge Jeremiah C. Lynch: Initial Appearance and Arraignment as to E9DACEE (1) Count 1,2 held on 1/16/2018; AUSA Tim Racicot appeared for the govt, FD John Rhodes appeared w/ in custody defendant, FD Michael Donahoe appointed for future proceedings; Read charges, penalty, rights w/ defendant understanding the same; Defendant reviewed indictment w/ counsel prior to court and waived reading; Plea entered by E9DACEE (1) Not Guilty on counts 1,2; PPTC set for 1/24/18 at 10:00 a.m.; Defendant requests detention hearing; Hearing commenced at 5:02 p.m. and concluded at 5:07 p.m. (Court Reporter FTR Gold) (USPO: E. Hansen), (Hearing held in Missoula) (APP)
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|
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|
| |
Filed: 1/16/2018, Entered: 1/16/2018 |
|
|
TEXT ORDER. A detention hearing shall be convened in this matter tomorrow, January 17, 2018, at 1:00 p.m. SO ORDERED. (Lynch, Jeremiah)
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| |
Filed: 1/16/2018, Entered: 1/16/2018 |
|
|
Set/Reset Hearings as to E9DACEE Arraignment set for 1/16/2018 at 04:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Initial Appearance set for 1/16/2018 at 04:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (TXB)
|
|
|
|
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|
| |
Filed: 1/9/2018, Entered: 1/9/2018 |
|
|
Terminate Deadlines and Hearings as to E9DACEE: (TXB)
|
|
|
|
|
|
| 9 |
Filed: 1/9/2018, Entered: 1/9/2018 |
|
|
ORDER granting 8 Motion to Quash as to E9DACEE (1). Signed by Magistrate Judge Jeremiah C. Lynch on 1/9/2018. (TXB) (Copy to AUSA and USM.) (NOS)
|
|
Request |
|
|
|
| 8 |
Filed: 1/8/2018, Entered: 1/8/2018 |
|
|
MOTION to Quash Writ of Habeas Corpus by USA as to E9DACEE. (Attachments: # 1 Text of Proposed Order) (NOS)
|
|
Request |
|
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|
| 7 |
Filed: 12/29/2017, Entered: 12/29/2017 |
|
|
Writ of Habeas Corpus ad Prosequendum Issued as to E9DACEE for 1/17/18: Arraignment set for 1/17/2018 at 01:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Initial Appearance set for 1/17/2018 at 01:30 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. (APP) Orgl and copies to USM-Msla. Modified on 1/9/2018; Writ quashed as to Order, Doc. 9. (NOS)
|
|
Request |
|
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| 6 |
Filed: 12/29/2017, Entered: 12/29/2017 |
|
|
ORDER granting 5 Motion for Writ of Habeas Corpus ad prosequendum as to E9DACEE (1). Signed by Magistrate Judge Jeremiah C. Lynch on 12/29/2017. (TCL)
|
|
Request |
|
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| 5 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
MOTION for Writ of Habeas Corpus ad prosequendum by USA as to E9DACEE. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Writ) (ELL)
|
|
Request |
|
|
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| 3 |
Filed: 12/21/2017, Entered: 12/21/2017 |
|
|
Criminal Cover Sheet filed by USA regarding the 1 Indictment (Sealed) as to E9DACEE. (ELL)
|
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|
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| 2 |
Filed: 12/21/2017, Entered: 12/21/2017 |
|
|
Redacted Indictment as to E9DACEE. (ELL)
|
|
Request |
|
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| 1 |
Filed: 12/21/2017, Entered: 12/21/2017 |
|
|
SEALED INDICTMENT as to E9DACEE (1) count(s) 1, 2. (ELL)
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Alerts
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