| Save 25% on a pre-paid one year subscription. |
|
|
 39 |
Filed: 7/10/2008, Entered: 7/10/2008 |
Transfer Out/Probationer |
|
Probation Jurisdiction Transferred to Central District of Calf. as to Benjamin A. Cheek. Transmitted Transfer of Jurisdiction form, with certified copies of indictment, judgment and docket sheet. (krob)
|
|
|
 |
|
|
| 38 |
Filed: 5/16/2008, Entered: 5/16/2008 |
Waiver of Hearing to modify conditions of probatio |
|
Waiver and Order of Hearing to modify conditions of probation/supervised release by Benjamin A. Cheek that defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva and/or sweat patch testing, as directed by the Probation Officer. The offender shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision. (jlan)
|
|
|
|
|
|
| 37 |
Filed: 8/22/2005, Entered: 8/24/2005 |
USCA Judgment |
|
JUDGMENT of USCA (certified copy) dismisses this appeal pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure as to Benjamin A. Cheek re [31] Notice of Appeal - Final Judgment (klau, )
|
|
|
|
|
|
| -- |
Filed: 7/11/2005, Entered: 7/12/2005 |
Terminate Deadlines and Hearings |
|
Terminate Deadlines as to Benjamin A. Cheek: (klau, )
|
|
|
|
|
|
| -- |
Filed: 4/1/2005, Entered: 4/1/2005 |
Set/Reset Deadlines: |
|
Return of Exhibits set 7/1/05 (agil)
|
|
|
|
|
|
| -- |
Filed: 3/21/2005, Entered: 3/21/2005 |
Suspense Deadline |
|
Return of Exhibits reset 6/1/05 (klau)
|
|
|
|
|
|
| 36 |
Filed: 2/17/2005, Entered: 2/18/2005 |
Transcript |
|
TRANSCRIPT filed in case as to Benjamin A. Cheek for dates of 12/03/04 (TSE) (klau)
|
|
|
|
|
|
| 35 |
Filed: 2/7/2005, Entered: 2/8/2005 |
Order |
|
ORDER denying [32-1] motion for Modification of Final Order and Release Pending Appeal as Benjamin A. Cheek (1) ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (jcup)
|
|
|
|
|
|
| 34 |
Filed: 2/7/2005, Entered: 2/7/2005 |
Response to Motion |
|
RESPONSE by USA as to Benjamin A. Cheek re [32-1] motion for Modification of Final Order and Release Pending Appeal (jcup)
|
|
|
|
|
|
| 33 |
Filed: 2/3/2005, Entered: 2/4/2005 |
Motion for Hearing |
|
MOTION by Benjamin A. Cheek for Hearing on his MOtion for Release Pending Trial (agil)
|
|
|
|
|
|
| 32 |
Filed: 2/3/2005, Entered: 2/4/2005, Terminated: 2/7/2005 |
Motion to Amend/Correct |
|
MOTION by Benjamin A. Cheek for Modification of Final Order and Release Pending Appeal (agil)
|
|
|
|
|
|
| -- |
Filed: 1/10/2005, Entered: 1/10/2005 |
Suspense Deadline |
|
Return of Exhibits set 4/1/05 (kjon)
|
|
|
|
|
|
| -- |
Filed: 1/3/2005, Entered: 1/4/2005 |
USCA Case Number |
|
USCA Case Number as to Benjamin A. Cheek Re: [31-1] appeal USCA Number: 04-5132. Case Manager R. Sewell (mcke)
|
|
|
|
|
|
| 31 |
Filed: 12/16/2004, Entered: 12/20/2004 |
Notice of Appeal -Final Judgment |
|
NOTICE OF APPEAL of Judgment dated 12.7.04 by Benjamin A. Cheek (1) count(s) 1-4, 5, 6; forwarded to the Court of Appeals. Filing Fee $ 255.00 Receipt # 100 177227 (jcup)
|
|
|
|
|
|
| 30 |
Filed: 12/7/2004, Entered: 12/9/2004 |
Judgment* |
|
JUDGMENT Benjamin A. Cheek (1) count(s) 1-4, 5 , 6 . 57 mos.BOP on ea. of Counts 1-6, concurrently, and 3 yrs. supervised release on ea. of Counts 1-6, concurrently and with conds. $100 S.A. ($600 total). $500 S.A. Self-surrender. ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (tbul)
|
|
|
|
|
|
| -- |
Filed: 12/3/2004, Entered: 12/3/2004 |
Set/Reset Hearings |
|
Sentencing before Judge T. S. Ellis III held (Rptr: Rodriquez). USA appeared through: Steve Learned; Dft(s) appeared w/ counsel: Harvey Volzer. Benjamin A. Cheek (1) count(s) 1-4, 5, 6. Deft's objections heard, findings stated and overruled, incldg. Blakely obj. Deft sentenced to 57 mos. BOP and 3 yrs. supervised release w/ conds. of no new credit w/out P.O.'s permission; provide P.O. w/ access to financial info; pay restitution @ $250 per mo. beginning 60 days after release; pay S.A. if not pd. immediately (already pd. per counsel). $600 total ($100 ea. of 6 counts); no fine; $323,500 restitution. Court recommends West Coast facility, to be near family, and opportunity to participate in ICC Boot Camp type program when he becomes eligible. Deft advised of right to appeal. Deft cont'd. on current bond conds. to self-surrender as directed. Court Hours: 9-9:45 (tbul)
|
|
|
|
|
|
| 29 |
Filed: 11/30/2004, Entered: 11/30/2004 |
Miscellaneous Document |
|
PRAECIPE by Benjamin A. Cheek for The Clerk to present attached letter to Judge Ellis prior to sentencing (pmet)
|
|
|
|
|
|
| 28 |
Filed: 11/26/2004, Entered: 11/26/2004, Terminated: 12/7/2004 |
Response/Reply - Miscellaneous |
|
Government's RESPONSE to Dft's Sentencing [27-1] memorandum as to Benjamin A. Cheek (agil)
|
|
|
|
|
|
| 27 |
Filed: 11/23/2004, Entered: 11/23/2004 |
Sentencing Memorandum |
|
MEMORANDUM in Aid of Sentencing by Benjamin A. Cheek (agil)
|
|
|
|
|
|
| 26 |
Filed: 11/23/2004, Entered: 11/23/2004 |
Response in Opposition |
|
OBJECTION by defendant Benjamin A. Cheek to Presentence Report (agil)
|
|
|
|
|
|
| 25 |
Filed: 11/16/2004, Entered: 11/17/2004 |
Sentencing Memorandum |
|
Government's SENTENCING MEMORANDUM as to Benjamin A. Cheek (agil)
|
|
|
|
|
|
| 24 |
Filed: 10/28/2004, Entered: 10/28/2004 |
Order |
|
ORDER as to Benjamin A. Cheek, Modifying Conditions of Release : adding the dft shall reside at a residence approved by PTS All other conds remain in full force and effect ( Signed by Judge T. S. Ellis III ) Copies Mailed: 10.28.04 (agil)
|
|
|
|
|
|
| -- |
Filed: 10/4/2004, Entered: 10/4/2004 |
Suspense Deadline |
|
Return of Exhibits set 1/18/05 (kjon)
|
|
|
|
|
|
| -- |
Filed: 10/4/2004, Entered: 10/4/2004 |
Suspense Deadline |
|
Return of Exhibits set 1/15/04 (kjon)
|
|
|
|
|
|
| -- |
Filed: 9/24/2004, Entered: 9/24/2004 |
Miscellaneous Document |
|
Redacted Exhibit List (USA) and Redacted Indictment (Blakely material redacted) that were went in with the Jury for deliberations as to Benjamin A. Cheek are in the brown box sent to Records, in front of the exhibits (tbul)
|
|
|
|
|
|
| -- |
Filed: 9/24/2004, Entered: 9/24/2004 |
Miscellaneous Document |
|
Admitted trial exhibits as to Benjamin A. Cheek (1 brown box containing individual folders and 1 skinny white notebook) to records (tbul)
|
|
|
|
|
|
| 23 |
Filed: 9/23/2004, Entered: 9/24/2004 |
Bond |
|
PR BOND relacing previous PR Bond entered by Benjamin A. Cheek Amount $ 20,000 Receipt # none (unsecured), for same amount as previous PR Bond (tbul)
|
|
|
|
|
|
| 22 |
Filed: 9/23/2004, Entered: 9/24/2004 |
Order |
|
ORDER SETTING CONDITIONS OF RELEASE as to Benjamin A. Cheek, replacing the [5-1] Order Setting Conditions of Release, filed in open court ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (tbul)
|
|
|
|
|
|
| 21 |
Filed: 9/23/2004, Entered: 9/23/2004 |
Jury Verdict |
|
JURY VERDICT as to Benjamin A. Cheek Guilty: Benjamin A. Cheek (1) count(s) 1-4, 5, 6 (tbul)
|
|
|
|
|
|
| 20 |
Filed: 9/23/2004, Entered: 9/23/2004 |
Miscellaneous Document |
|
JURY QUESTION with the Court's handwritten ANSWER filed in open court (tbul)
|
|
|
|
|
|
| -- |
Filed: 9/23/2004, Entered: 9/24/2004 |
Set/Reset Hearings |
|
Sentencing before Judge T. S. Ellis III set for 9:00 12/3/04 for Benjamin A. Cheek Benjamin A. Cheek (1) count(s) 1-4, 5, 6 (tbul)
|
|
|
|
|
|
| -- |
Filed: 9/23/2004, Entered: 9/24/2004 |
Jury Trial |
|
Jury trial proceedings Day 3 as to Benjamin A. Cheek before Judge T. S. Ellis III held (Rptr: Rodriquez). Appearances: Same as Days 1, 2. Blakely issue (verdict form) heard - no obj. by Deft; USA would want alternate sentence. The Court would not give an alternate sentence. All Jurors present. Closing arguments heard. Jury charged, Alt. excused, and Jury retired to deliberate. Jury returned verdicts of G on all 6 Counts of the Indictment. Jury polled and excused. Deft dir. to P.O. for PSIR. Matter cont'd. to 9:00 12/3/04 for sentencing. Court held a separate hrg. on supervision of Deft and bond; set new conds. and new bond; another $20,000 Appearance bond. Deft released on new bond conds: (prev. conds. of employment, travel restriction in Calif., Pretrial supervision in Calif; no firearms, no excess. use of alcohol and no illegal drugs; no passport or travel docs; notify current and former employers of the charges) and in addition, Deft must now have daily telephone reporting to Pretrial, and must also report upon return from any approved travel out of the district in Calif., as arranged w/ Pretrial; substance abuse testing is waived; Pretrial to check to be sure Deft notifies current employer of this conviction; Pretrial to monitor and investigate appropriateness of Deft's current position and/or any futher position; Deft must provide Pretrial w/ all requested financial info. and docs.; not open any new lines of credit w/out Pretrial's permission. Court Hours: 9:30-5:15 (tbul) Modified on 09/24/2004
|
|
|
|
|
|
| -- |
Filed: 9/22/2004, Entered: 9/22/2004 |
Jury Trial |
|
Jury trial proceedings as to Benjamin A. Cheek before Judge T. S. Ellis III set at 9:30 9/23/04 (tbul)
|
|
|
|
|
|
| -- |
Filed: 9/22/2004, Entered: 9/22/2004 |
Jury Trial |
|
Jury trial proceedings as to Benjamin A. Cheek before Judge T. S. Ellis III held (Rptr: Rodriquez). Appearances: Same as Day 1. All Jurors present. USA cont'd. to adduce evidence and rested. No evidence presented by Defense. Trial to resume 9:30 9/23/04. Deft cont'd. on current Bond conds. Court Hours: 9:30-5:40 (tbul)
|
|
|
|
|
|
| -- |
Filed: 9/21/2004, Entered: 9/22/2004 |
Jury Trial |
|
Jury trial proceedings as to Benjamin A. Cheek before Judge T. S. Ellis III set at 9:30 9/22/04 for Benjamin A. Cheek (tbul)
|
|
|
|
|
|
| -- |
Filed: 9/21/2004, Entered: 9/22/2004 |
Jury Trial |
|
Jury trial proceedings as to Benjamin A. Cheek before Judge T. S. Ellis III held (Rptr: Rodriquez). USA appeared through: Steve Learned/Stephanie Bibighaus; Dft(s) appeared w/ counsel: Harvey Volzer. Jurors sworn and examined on voir dire; sworn to try the issues. USA adduced evidence. Instructions conf. held. Trial to resume 9:30 9/22/04. Deft cont'd. on current bond conds. Hours: 10-5:40 (tbul)
|
|
|
|
|
|
| -- |
Filed: 9/21/2004, Entered: 9/21/2004 |
Voir Dire Begun |
|
Voir dire begun as to Benjamin A. Cheek (1) count(s) 1-4, 5, 6 (tbul)
|
|
|
|
|
|
| 19 |
Filed: 9/20/2004, Entered: 9/20/2004 |
Witness List |
|
Government's Witness List as to Benjamin A. Cheek (agil)
|
|
|
|
|
|
| 18 |
Filed: 9/14/2004, Entered: 9/15/2004 |
Exhibit |
|
Exhibit list by Benjamin A. Cheek (agil)
|
|
|
|
|
|
| 18 |
Filed: 9/14/2004, Entered: 9/15/2004 |
Witness List |
|
Witness list by Benjamin A. Cheek (agil)
|
|
|
|
|
|
| 17 |
Filed: 9/14/2004, Entered: 9/14/2004 |
Miscellaneous Document |
|
Memorandum of Law of the United States re: Admissibility of Dft's Prior Convictions as Testified to by the Government's Principle Victim Witness filed by USA (agil)
|
|
|
|
|
|
| 16 |
Filed: 9/14/2004, Entered: 9/14/2004 |
Proposed Jury Instructions |
|
Proposed Jury Instructions by USA as to Benjamin A. Cheek (agil)
|
|
|
|
|
|
| 15 |
Filed: 9/14/2004, Entered: 9/14/2004 |
Miscellaneous Document |
|
TRIAL EXHIBIT CUSTODY FORM filed by USA (1-183 returned to S. Learned) (agil)
|
|
|
|
|
|
| 14 |
Filed: 9/14/2004, Entered: 9/14/2004 |
Exhibit |
|
Exhibit list by USA as to Benjamin A. Cheek (agil)
|
|
|
|
|
|
| 13 |
Filed: 9/14/2004, Entered: 9/14/2004 |
Proposed Voir Dire |
|
Government's Proposed Voir Dire (agil)
|
|
|
|
|
|
| 12 |
Filed: 9/3/2004, Entered: 9/3/2004 |
Order |
|
ORDER as to Benjamin A. Cheek that the [10-1] motion by Benjamin A. Cheek to issue subpoena as to Benjamin A. Cheek (1) is WITHDRAWN, and the [10-2] motion by Benjamin A. Cheek to exclude sentencing factors as to Benjamin A. Cheek (1) is DENIED, except that in the event the indictment is provided to the jury, the sentencing factors will be redacted, all for reasons stated from the Bench ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (tbul)
|
|
|
|
|
|
| -- |
Filed: 9/3/2004, Entered: 9/3/2004 |
Motion Hearing |
|
Motion hearing held as to Benjamin A. Cheek re: [10-1] motion by Benjamin A. Cheek to issue subpoena - withdrawn by Deft's counsel, and [10-2] motion by Benjamin A. Cheek to exclude sentencing factors - denied except that if the jury takes the indictment into their deliberation room, it will be redacted, before Judge T. S. Ellis III (Rptr: Rodriquez). USA appeared through: Steve Learned; Dft(s) appeared w/ counsel: Volzer. Deft cont. on bond. Court Hours: 9-10:55 (tbul)
|
|
|
|
|
|
| 11 |
Filed: 8/17/2004, Entered: 8/18/2004 |
Response to Motion |
|
RESPONSE by USA to [10-1] motion by Benjamin A. Cheek to issue subpoena and [10-2] motion by Benjamin A. Cheek to exclude sentencing factors (kjon)
|
|
|
|
|
|
| 10 |
Filed: 8/13/2004, Entered: 8/16/2004, Terminated: 9/3/2004 |
Motion for Miscellaneous Relief |
|
MOTION by Benjamin A. Cheek to issue subpoena and by Benjamin A. Cheek to exclude sentencing factors (kjon)
|
|
|
|
|
|
| 9 |
Filed: 8/11/2004, Entered: 8/11/2004 |
Summons Issued |
|
Summons Returned Unexecuted as to Benjamin A. Cheek (kjon)
|
|
|
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 8 |
Filed: 8/6/2004, Entered: 8/9/2004 |
Order |
|
ORDER that the [7-1] motion by Benjamin A. Cheek to issue subpoenas is GRANTED in part and DENIED in part. It is GRANTED insofar as the subpoena is directed to Maslowski seeking documents relating to (i) payments by Maslowski to dft and (ii) Maslowski's business relationship with dft from 1/99 to present. It is DENIED in all other respects (see order for details) ( Signed by Judge T. S. Ellis III ) Copies Mailed: Yes (kjon)
|
|
|
|
|
|
| 7 |
Filed: 7/22/2004, Entered: 7/23/2004, Terminated: 8/6/2004 |
Motion for Miscellaneous Relief |
|
MOTION with Memorandum in support by Benjamin A. Cheek to issue subpoenas (kjon)
|
|
|
|
|
|
| 6 |
Filed: 7/15/2004, Entered: 7/15/2004 |
Bond |
|
PR BOND entered by Benjamin A. Cheek Amount $ 20,000 Receipt # unsecured (tbul)
|
|
|
|
|
|
| 5 |
Filed: 7/15/2004, Entered: 7/15/2004 |
Order Setting Conditions of Release |
|
ORDER Setting Conditions of Release as to Benjamin A. Cheek ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (tbul)
|
|
|
|
|
|
| 4 |
Filed: 7/15/2004, Entered: 7/15/2004 |
Order |
|
(Standard) ORDER as to Benjamin A. Cheek, for discovery and inspection, filed in open court ( Signed by Judge T. S. Ellis III ) Copies Mailed: yes (tbul)
|
|
|
|
|
|
| 3 |
Filed: 7/15/2004, Entered: 7/15/2004 |
Receipt for Passport |
|
Receipt for surrender of Passport as to Benjamin A. Cheek Passport # 016473552 Country: USA (kjon)
|
|
|
|
|
|
| -- |
Filed: 7/15/2004, Entered: 7/15/2004 |
Set/Reset Hearings |
|
Arraignment as to Benjamin A. Cheek before Judge T. S. Ellis III held. Motion Hearing set for 9:00 9/3/04 for Benjamin A. Cheek. Motion Filings due 5:00 8/11/04 for Benjamin A. Cheek. Jury Trial set for 10:00 9/21/04 for Benjamin A. Cheek; exhibits due 3 days prior to trial. Std. discovery order entered and filed. ( Rptr: Linnell) USA appeared through: Learned; Dft(s) appeared through: w/ counsel: Volzer. Deft rel. on $20,000 unsecured PR Bond w/ conds: PTS Calif. supervision; surrender passport; notify current/future employers of these charges; maintain employment; maintain current address in Newport Beach; not move from current address without permission in advance; no travel outside Central Dist. Calif. w/out advance permission of the Court. (tbul)
|
|
|
|
|
|
| 2 |
Filed: 7/13/2004, Entered: 7/14/2004 |
Notice of Attorney Appearance - Defendant |
|
NOTICE of Appearance for Benjamin A. Cheek by Attorney Harvey Joseph Volzer (kjon)
|
|
|
|
|
|
| -- |
Filed: 7/9/2004, Entered: 7/9/2004 |
Summons Issued |
|
SUMMONS(ES) issued for Benjamin A. Cheek for arraignment set for 07/15/04 at 9:30 a.m. (ctat)
|
|
|
|
|
|
| 1 |
Filed: 7/7/2004, Entered: 7/9/2004 |
Indictment |
|
INDICTMENT as to Benjamin A. Cheek (1) count(s) 1-4, 5, 6 (ctat)
|
|
|
|
|
|
| -- |
Filed: 7/7/2004, Entered: 7/9/2004 |
Set/Reset Hearings |
|
Arraignment before Judge T. S. Ellis III set for 9:30 a.m. on 7/15/04 for Benjamin A. Cheek (ctat)
|
|
|
|
Update
Alerts
Jump
