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Filed: 4/14/2021, Entered: 4/14/2021 |
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Copy of non-document Order filed o 4/14/2021 mailed to EFDCD2C #64556-060 at FCI Cumberland, Federal Correctional Institution, P.O. Box 1000, Cumberland, MD 21501 on 4/14/2021. (E,CK)
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Filed: 4/14/2021, Entered: 4/14/2021 |
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Order [non-document] as to EFDCD2C: Defendant's motions to reduce sentence (Doc. Nos. 24 , 27 ) are DENIED for the reasons highlighted herein. The Court finds that defendant has exhausted his administrative remedies, and it, therefore, turns to the inquiry set forth in 18 U.S.C. § 3582 and discussed in United States v. Jones, 980 F.3d 198, 1101 (6th Cir. 2020) and United States v. Elias, 984 F.3d 516 (6th Cir. 2021). Assuming that defendant's asthma and obesity, separately and/or in combination, satisfy the extraordinary and compelling reasons requirement, a reduction of the prison term still would not be appropriate in light of the sentencing factors in 18 U.S.C. § 3553(a). See United States v. Sherwood, 986 F.3d 951 (6th Cir. 2021) (citing 18 U.S.C. § 3553(a) and directing district courts to consider all relevant statutory sentencing factors). The underlying drug-related conviction, involving a substantial quantity of methamphetamine, was serious and inherently dangerous, especially in light of the fact that it involved a firearm. Further, at the time of the offense, defendant was under a criminal justice sentence and failed to report to serve his sentence. Defendant also has a substantial criminal history that includes drug-related and gun-related offenses, and prior sentences and sanctions have failed to prevent defendant from engaging in further criminal activities involving illegal drugs. Moreover, defendant's prison medical records indicate that defendant has continued to use illegal substances during his incarceration. The Court has considered the programming defendant has completed in prison (including the programming related to substance abuse), his family circumstances surrounding his elderly mother, and his struggles with drug addiction. But after considering all of the factors, the Court finds that a reduction in defendant's sentence would undermine the need for the sentence imposed to reflect the seriousness of the offense, protect the public, promote respect for the law and specific deterrence, and ensure just punishment. Based upon these same facts, the Court also finds that defendant poses a danger to the community and to other persons. Further, to the extent that defendant requests to be released and to serve a period of supervised release on home confinement, for the reasons already stated, defendant is not an appropriate candidate for release under § 3582, even with conditions. Judge Sara Lioi on 4/14/2021. (E,CK)
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 30 |
Filed: 2/17/2021, Entered: 2/17/2021 |
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Reply to 29 response to Motion for Compassionate Release re First Step Act of 2018 (COVID-19) 24 as to EFDCD2C (1) (Grostic, Christian)
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 Request |
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| 29 |
Filed: 2/12/2021, Entered: 2/12/2021 |
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Response by United States of America in opposition to Motion for Compassionate Release re First Step Act of 2018 (COVID-19) 24 as to EFDCD2C (1) (Katsaros, Vasile)
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Request |
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| 28 |
Filed: 1/20/2021, Entered: 1/20/2021 |
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Supplement to 24 Motion for Compassionate Release re First Step Act of 2018 (COVID-19) as to EFDCD2C (1) (Attachments: # 1 Envelope)(T,Je)
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Request |
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Filed: 1/19/2021, Entered: 1/19/2021 |
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Order [non-document] as to EFDCD2C (1): The government is directed to file a response to defendant's supplemental motion (Doc. No. 27 ) for a compassionate release by February 12, 2021. Judge Sara Lioi on 1/19/2021. (E,CK)
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 27 |
Filed: 1/15/2021, Entered: 1/15/2021 |
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SEALED Document: filed by EFDCD2C. Related document(s) 26 , 24 . (Attachments: # 1 Exhibit A - Medical Records, # 2 Exhibit B - Program Review)(Grostic, Christian)
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| 26 |
Filed: 1/14/2021, Entered: 1/14/2021 |
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Marginal Entry Order granting Defendant's 25 Motion for Leave to File Supplement to Motion for Compassionate Release Under Seal as to EFDCD2C (1). Judge Sara Lioi on 1/14/2021. (O,K)
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Request |
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| 25 |
Filed: 1/12/2021, Entered: 1/12/2021 |
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Motion for Leave to File Supplement to 24 Motion for Compassionate Release Under Seal by EFDCD2C (1). (Grostic, Christian)
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Request |
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Filed: 12/16/2020, Entered: 12/16/2020 |
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Order [non-document] Appointing Federal Public Defender for EFDCD2C re Request for Compassionate Release under the First Step Act. (Doc. No. 24 ) The Federal Public Defender is reminded of counsel's obligation to report significant changes in defendant's employment or financial circumstances sufficient to enable defendant to pay, in whole or in part, for legal representation. CJA Plan, Part IV (D)(2). Judge Sara Lioi on 12/16/2020. (E,CK)
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| 24 |
Filed: 12/14/2020, Entered: 12/14/2020 |
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Motion for Compassionate Release re First Step Act of 2018 (COVID-19) by EFDCD2C (1). (Attachments: # 1 Attachment 1 - Inmate Request, # 2 Attachment 2 - Inmate Message, # 3 Attachment 3 - Response to Inmate Request, # 4 Attachment 4 and 5 - Receipt, # 5 Attachment 6 - Letter to Judge Lioi, # 6 Envelope)(M,TL)
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Request |
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| 23 |
Filed: 2/22/2018, Entered: 2/22/2018 |
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Judgment as to EFDCD2C (1). Custody of Bureau of Prisons for 77 months as to count 1. The Court recommends that the defendant be placed at FCI Morgantown; That the defendant participate in the 500 hour intensive drug treatment program at the designated facility (RDAP: Residential Drug Abuse Program); That the defendant participate in any trades programs at the designated facility; That the defendant receive mental health counseling at the designated facility. Defendant remanded to the custody of the US Marshal. Supervised Release for 5 years, with Mandatory Conditions, Standard Conditions, and the following Special Conditions: Substance Abuse Treatment and Testing; Mental Health Treatment; Search and Seizure; Cognitive Behavioral Treatment. If the defendant is supervised in the Northern District of Ohio upon his release from custody, the Court recommends that the defendant be considered for the reentry program in the Northern District of Ohio. Fine not ordered. Restitution not ordered. Special Assessment $100.00. Forfeiture ordered. Upon motion of the Assistant U.S. Attorney, count 2 dismissed. Judge Sara Lioi on 2/22/2018. (P,J)
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Request |
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Filed: 2/22/2018, Entered: 2/22/2018 |
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Minutes of proceedings [non-document] before Judge Sara Lioi. Assistant U.S. Attorney Vasile Katsaros present. Attorney Richard Perez present. Defendant EFDCD2C present. Supervising U.S. Probation Officer David Abraham present. Sentencing hearing as to EFDCD2C held on 2/22/2018. Sentence: Custody of Bureau of Prisons for 77 months as to count 1. The Court recommends that the defendant be placed at FCI Morgantown; That the defendant participate in the 500 hour intensive drug treatment program at the designated facility (RDAP: Residential Drug Abuse Program); That the defendant participate in any trades programs at the designated facility; That the defendant receive mental health counseling at the designated facility. Defendant remanded to the custody of the US Marshal. Supervised Release for 5 years, with Mandatory Conditions, Standard Conditions, and the following Special Conditions: Substance Abuse Treatment and Testing; Mental Health Treatment; Search and Seizure; Cognitive Behavioral Treatment. If the defendant is supervised in the Northern District of Ohio upon his release from custody, the Court recommends that the defendant be considered for the reentry program in the Northern District of Ohio. Upon motion of the Assistant U.S. Attorney, count 2 dismissed.Fine not ordered. Restitution not ordered. Special Assessment $100.00. Forfeiture ordered. Defendant advised of right to appeal. (Court Reporter: Lori Callahan) (Time: 50 minutes) (P,J)
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| 22 |
Filed: 2/20/2018, Entered: 2/20/2018 |
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Sentencing Memorandum and motion for variance by EFDCD2C (1) (Attachments: # 1 Exhibit Certificate of Achievement Drug Class)(Perez, Richard) Modified text on 2/23/2018 (M,TL).
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Request |
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Filed: 1/4/2018, Entered: 1/4/2018 |
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Notice [non-document] as to EFDCD2C (1). Sentencing hearing rescheduled to 2/22/2018 at 10:00 AM in Courtroom 530 before Judge Sara Lioi. (P,J)
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| 17 |
Filed: 10/12/2017, Entered: 10/12/2017 |
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Plea Agreement as to EFDCD2C (1). (P,J)
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Request |
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Filed: 10/12/2017, Entered: 10/12/2017 |
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Notice [non-document] as to EFDCD2C (1). Sentencing set for 2/2/2018 at 11:00 AM in Courtroom 530 before Judge Sara Lioi. (P,J)
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Filed: 10/12/2017, Entered: 10/12/2017 |
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Minutes of proceedings [non-document] before Judge Sara Lioi. Assistant U.S. Attorney Vasile Katsaros present. Attorneys Richard Perez and John Fatica present. Defendant EFDCD2C present. Change of Plea Hearing as to EFDCD2C held on 10/12/2017. Guilty plea entered by EFDCD2C to count 1 of the indictment with a plea agreement. Defendant referred to Probation for preparation of a Presentence Investigation Report. Sentencing set for 2/2/2018 at 11:00 a.m. Defendant remanded to the custody of the US Marshal. (Court Reporter Caroline Mahnke) (Time: 1 hour) (P,J)
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| 16 |
Filed: 10/12/2017, Entered: 10/12/2017 |
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Information to establish prior conviction as to EFDCD2C (1) (Katsaros, Vasile)
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Request |
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Filed: 9/29/2017, Entered: 9/29/2017 |
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Minutes of proceedings [non-document] before Judge Sara Lioi. Assistant U.S. Attorney Vasile Katsaros present. Attorneys Richard Perez and John Fatica present. Defendant EFDCD2C present. Final pretrial hearing was held on 9/29/2017. Defendant advised the Court that he wishes to proceed to trial in this matter. Counsel for the defendant established for the record that a written plea offer was made, that the plea offer has been rejected, and that the defendant may pursue a suppression issue. Counsel for the government established for the record the facts of the case and the possibility of filing a superseding indictment. The Court instructed the Clerk to mark the written plea agreement as Court's Exhibit 1 and to place the agreement under seal. The Court's colloquy with defendant on the issue of the plea offer was placed on the record. The Court took a brief recess of the proceedings to allow the defendant time to confer with his attorney regarding the plea offer. Once proceedings reconvened, counsel for the defendant requested a continuance of the final pretrial. No objection by counsel for the government. The final pretrial is rescheduled to 10/12/2017 at 3:00 p.m. Defendant remanded to the custody of the U.S. Marshal. (Court Reporter: Mary Uphold) (Time: 1 hour) (P,J)
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Filed: 9/25/2017, Entered: 9/25/2017 |
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Notice [non-document] as to EFDCD2C (1). By agreement of counsel, the final pretrial scheduled for 10/4/2017 is canceled and rescheduled for 9/29/2017 at 9:30 AM in Courtroom 530 before Judge Sara Lioi. (P,J)
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Filed: 9/14/2017, Entered: 9/14/2017 |
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Order [non-document] granting 14 defendant's motion for continuance of plea deadline for one week. Plea deadline extended to 9/22/2017. Judge Sara Lioi on 9/14/2017. (P,J)
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| 14 |
Filed: 9/14/2017, Entered: 9/14/2017 |
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Motion to continue Plea Deadline by one week by EFDCD2C (1). (Perez, Richard) Modified text to add requested extension on 9/19/2017 (M,TL).
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Request |
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Filed: 7/21/2017, Entered: 7/21/2017 |
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Minutes of proceedings [non-document]: AUSA Henry DeBaggis present for AUSA Vasile C. Katsaros on behalf of the government. Attorney John A. Fatica for defendant. Defendant EFDCD2C (1) appeared before Magistrate Judge Kathleen B. Burke on 7/21/2017 for the purpose of executing a waiver of speedy trial. Waiver executed in open court. (Court Reporter ECRO - J. Darrah) Time: 5 minutes. (P,G)
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| 12 |
Filed: 7/21/2017, Entered: 7/21/2017 |
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Order to Continue - Ends of Justice (Waiver of Rights Pursuant to Speedy Trial Act) as to EFDCD2C (1) Time excluded from 9/2/2017 until 11/30/2017. Magistrate Judge Kathleen B. Burke on 7/21/2017. (P,G)
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Request |
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Filed: 7/19/2017, Entered: 7/19/2017 |
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Order [non-document] as to EFDCD2C (1) granting defendant's motion for preparation of a pre-plea pre-sentence report, as to criminal history only, and for continuance of trial date. (Doc. No. 11 .) Pursuant to 18 USC Section 3161, the Court finds that the ends of justice served by granting this motion outweigh the best interests of the defendant and the public in a speedy trial, because failure to grant such a continuance would deny counsel for defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Defendant is to appear before Magistrate Judge Kathleen B. Burke, U.S. District Court, Akron, on 7/21/2017 at 1:00 p.m. for a status hearing to execute an ends of justice waiver. The new dates are as follows: Plea deadline 9/15/2017; Final pretrial 10/4/2017 at 12:15 PM; Jury trial 10/30/2017 at 8:00 AM. Judge Sara Lioi on 7/19/2017. (P,J)
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| 11 |
Filed: 7/18/2017, Entered: 7/18/2017 |
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Unopposed Motion for the Preparation of a Pre-Plea Pre-Sentence Investigation Report and Continuance of Trial Date by EFDCD2C (1). (Fatica, John)
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Request |
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Filed: 6/30/2017, Entered: 6/30/2017 |
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Order [non-document] as to EFDCD2C (1) granting joint motion for extension of plea deadline. Plea deadline is extended to 7/21/2017. The final pretrial is rescheduled to 7/21/2017 at 1:00 p.m. The jury selection remains scheduled for 8/11/2017 at 8:00 a.m. and opening statements and jury trial remain scheduled for 8/14/2017 at 8:00 a.m. (Related Doc. No. 10 ). Judge Sara Lioi on 6/30/2017. (P,J)
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| 10 |
Filed: 6/22/2017, Entered: 6/22/2017 |
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Joint Motion to continue Plea Deadline for 30 days filed by EFDCD2C (1). (Perez, Richard) Modified text on 6/28/2017 (M,TL).
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Request |
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| 9 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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Order to Continue - Ends of Justice (Waiver of Rights Pursuant to Speedy Trial Act) as to EFDCD2C (1). Time excluded from 3/29/2017 until 8/31/2017. Magistrate Judge Thomas M. Parker on 3/3/2017. (O,K)
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Request |
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Filed: 3/3/2017, Entered: 3/3/2017 |
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Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Hearing to execute ends of justice waiver as to EFDCD2C (1) held on 3/3/2017. AUSA Vasile Katsaros present for the government. Attorney John Fatica present for defendant. Waiver of speedy trial executed. The Court finds that the ends of justice served by granting an extension outweigh the best interests of the public and defendant in being charged and accepts the waiver. (Court Reporter: ECRO M. McDowell) Time: 4 mins. (O,K)
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Filed: 3/1/2017, Entered: 3/1/2017 |
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IMPORTANT: Notice [non-document] of hearing as to EFDCD2C (1). The court was informed of a conflict for the hearing scheduled for 3/2/2017. The hearing to execute an ends of justice waiver is rescheduled to 3/3/2017 at 01:00 PM in Courtroom 11B before Magistrate Judge Thomas M. Parker. (Please note date and time change)(O,K)
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Filed: 2/27/2017, Entered: 2/27/2017 |
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Order [non-document] as to EFDCD2C granting defendant's motion for continuance. (Doc. No. 8 ). Pursuant to 18 USC Section 3161, the Court finds that the ends of justice served by granting this motion outweigh the best interests of the defendant and the public in a speedy trial, because failure to grant such a continuance would deny counsel for defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Defendant is to appear before Magistrate Judge Thomas M. Parker, U.S. District Court, Cleveland, Courtroom 11B, for a status hearing to execute an ends of justice waiver on 3/2/2017 at 11:00 AM. The new dates are as follows: Plea deadline 6/23/2017; Final pretrial 7/12/2017 at 1:30 PM; Jury selection 8/11/2017 at 8:00 AM; Jury trial 8/14/2017 at 8:00 AM. Judge Sara Lioi on 2/27/2017. (S,He)
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| 8 |
Filed: 2/23/2017, Entered: 2/23/2017 |
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Motion to continue Final Pretrial and Jury Trial for a period of 120 days by EFDCD2C (1). (Perez, Richard) Modified text to include time requested on 3/1/2017 (M,TL).
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Request |
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| 7 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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Request for Discovery and Sentencing Information as to EFDCD2C (1). (Fatica, John)
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Request |
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| 6 |
Filed: 2/2/2017, Entered: 2/2/2017 |
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Notice of Appearance of Attorney - John A. Fatica appearing for EFDCD2C (1) as Additional Counsel (Fatica, John)
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Request |
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| 5 |
Filed: 1/31/2017, Entered: 1/31/2017 |
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Trial Order as to EFDCD2C: Final Pretrial Conference set for 3/1/2017 at 2:30 PM and Jury Trial set for 3/13/2017 at 8:00 AM, in Courtroom 530 before Judge Sara Lioi. Judge Sara Lioi on 1/31/2017. (P,J)
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Request |
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| 4 |
Filed: 1/13/2017, Entered: 1/13/2017 |
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Arrest Warrant Returned Executed on 1/12/2017 in case as to EFDCD2C (1). (R,Sh)
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Request |
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| 3 |
Filed: 1/12/2017, Entered: 1/12/2017 |
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Waiver of Detention Hearing by EFDCD2C and Order signed by Magistrate Judge Jonathan D. Greenberg on 1/12/2017. (S,S)
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Request |
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Filed: 1/12/2017, Entered: 1/12/2017 |
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Minutes of proceedings [non-document] before Magistrate Judge Jonathan D. Greenberg. Arraignment as to EFDCD2C held on 1/12/2017. AUSA Vasile Katsaros present for the government. Attorney John Fatica, for retained counsel Richard J. Perez, present for defendant. Defendant waives reading of indictment. Plea of not guilty entered. Government moves for detention. Defendant waives detention hearing; waiver executed. Defendant remanded to custody of U.S. Marshal. (Court Reporter: ECRO [M. McDowell]) (Time: 4 min.) (S,S)
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Filed: 1/12/2017, Entered: 1/12/2017 |
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Arrest of EFDCD2C (1) on 1/12/2017. (S,S)
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Filed: 1/10/2017, Entered: 1/10/2017 |
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Random Assignment of Magistrate Judge pursuant to Local Criminal Rule 57.9. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (H,KR)
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Filed: 1/10/2017, Entered: 1/10/2017 |
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Indictment filed by USA as to EFDCD2C count(s) 1, 2. (Attachments: # 1 Designation Form) (H,KR)
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