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 60 |
Filed: 5/23/2019, Entered: 5/23/2019 |
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ORDER as to B097930 : This matter comes before the court on the Report and Recommendation ("R & R") 57 of Magistrate Judge Johnston recommending that the court dismiss the indictment in this case as defendant has complied with the conditions of his deferred prosecution agreement. In this case, the court has received no objections to the R & R (see 57 , showing that objections were due by May 13, 2019). The government has further notified this court that the victim concurs with the dismissal. The court has reviewed the record in this case and finds that the April 29, 2019, R & R is not clearly erroneous. The constitution places the power to prosecute on the executive branch through the United States Attorney and cannot be denied except if such motion is in bad faith or contrary to the public interest, circumstances not relevant here. See In re: United States of America, 345 F.3d 450 (7th Cir. 2003). Rule 48 of the Federal Rules of Criminal Procedure requiring leave of court to dismiss an indictment, checks the discretionary power of the prosecutor to seek a nolle prosequi and later reindict on the same charges. United States v. Martin, 287 F.3d 609 (7th Cir. 2002). Accordingly, the court adopts in its entirety Judge Johnstons R & R. The government's oral motion to dismiss the indictment against the defendant is granted. The indictment in this case against the defendant is hereby dismissed. Signed by the Honorable Philip G. Reinhard on 5/23/2019. Mailed notice (jp, )
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| 59 |
Filed: 5/22/2019, Entered: 5/22/2019 |
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Statement Regarding Notice by USA as to B097930 (Paccagnini, Scott)
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Request |
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| 58 |
Filed: 5/20/2019, Entered: 5/20/2019 |
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ORDER as to B097930 : Before the court rules on the government's oral motion to dismiss the pending indictment, the government is to file within seven (7) days a statement whether the victim in this case has been notified of the motion to dismiss and concurs or disagrees with such motion. See 18 U.S.C. § 3771. Signed by the Honorable Philip G. Reinhard on 5/20/2019. Mailed notice (jp, )
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Request |
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| 57 |
Filed: 4/29/2019, Entered: 4/29/2019 |
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REPORT AND RECOMMENDATIONS as to B097930 (1): It being that defendant, B097930, has successfully complied with the conditions of his supervised release as discussed on the record at the April 29, 2019 status hearing, it is this Courts Report and Recommendation that the governments oral motion to dismiss the indictment against the defendant be granted and that the indictment therefore be dismissed. See Fed. R. Crim. P. 48(a). Any objection to this Report and Recommendation shall be filed by May 13, 2019. Failure to object may constitute a waiver of objections on appeal. See Provident Bank v. Manor Steel Corp., 882 F.2d 258, 260 (7th Cir. 1989). Signed by the Honorable Iain D. Johnston on 4/29/2019. (yxp, )
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Request |
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| 56 |
Filed: 4/29/2019, Entered: 4/29/2019 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 4/29/2019. Government orally moves to dismiss the indictment. Report and Recommendation shall issue separately. (yxp, )
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Filed: 4/29/2019, Entered: 4/29/2019 |
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(Oral) MOTION by USA to dismiss indictment as to B097930 (1) (yxp, )
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 55 |
Filed: 3/27/2019, Entered: 3/27/2019 |
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PRETRIAL Status Report as to B097930 (SEALED) (jw, )
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| 54 |
Filed: 3/18/2019, Entered: 3/18/2019 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930: The motion hearing set for 3/19/2019 at 11:00 AM is stricken. (yxp, )
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Request |
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| 53 |
Filed: 3/14/2019, Entered: 3/14/2019 |
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MINUTE entry before the Honorable Iain D. Johnston as to Richard B097930 (1): The defendant's motion to modify the conditions of his release 52 is granted on the following conditions: Mr. B097930 may travel to Omaha, Nebraska to visit his mother at 1365 Douglas Street, but must (1) remain current on his medications as required by his conditions of release; (2) provide his itinerary to his pretrial services officer before leaving, and (3) must return by 4/13/2019. (yxp, )
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Request |
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| 52 |
Filed: 3/14/2019, Entered: 3/14/2019 |
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NOTICE of Motion by Brendan W. Caver for presentment of before Honorable Iain D. Johnston on 3/19/2019 at 11:00 AM. (Attachments: # 1 2nd Agreed Motion to Travel)(Caver, Brendan) Modified on 3/14/2019 (yxp, ).
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Request |
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| 51 |
Filed: 2/1/2019, Entered: 2/1/2019 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1):The status hearing set for 4/30/2019 is stricken and reset to 4/29/2019 at 11:00 AM. (yxp, )
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Request |
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| 50 |
Filed: 1/29/2019, Entered: 1/31/2019 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 1/29/2019 and continued to 4/30/2019 at 11:00 AM. (yxp, )
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Request |
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| 49 |
Filed: 12/20/2018, Entered: 12/20/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing set for 1/29/2019 at 11:00 AM. (yxp, )
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Request |
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| 47 |
Filed: 10/4/2018, Entered: 10/4/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Motion hearing held on 10/4/2018. Defendant's motion to leave the jurisdiction 44 is granted as modified on the record. Conditions of release are modified to allow the defendant to travel to Omaha, NE from 11/20/2018 to 12/1/2018. (yxp, )
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Request |
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| 46 |
Filed: 10/3/2018, Entered: 10/3/2018 |
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PRETRIAL Status Report as to B097930 (SEALED) (jw, )
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| 45 |
Filed: 10/2/2018, Entered: 10/2/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): On the defendant's motion to travel 44 , the defendant and counsel shall appear on 10/4/2018 at 11:00 AM. (yxp, )
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Request |
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| 44 |
Filed: 10/2/2018, Entered: 10/2/2018 |
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MOTION by B097930 to leave the jurisdiction from 10/3/18 to 11/1/18 (Attachments: # 1 Notice of Filing)(Caver, Brendan)
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Request |
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| 43 |
Filed: 8/17/2018, Entered: 8/20/2018 |
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AGREED ORDER Enlarging Conditions of Deferred Prosecution Agreement as to B097930 Signed by the Honorable Iain D. Johnston on 8/17/2018. Mailed notice (jp, )
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Request |
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| 42 |
Filed: 8/16/2018, Entered: 8/16/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): On defense counsel's unopposed motion for a no contact order 41 , counsel shall submit a proposed order to Proposed_Order_Johnston@ilnd.uscourts.gov. (yxp, )
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Request |
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| 41 |
Filed: 8/15/2018, Entered: 8/15/2018 |
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MOTION by B097930 for order for no contact (Attachments: # 1 Notice of Filing)(Caver, Brendan)
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Request |
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| 40 |
Filed: 5/4/2018, Entered: 5/4/2018 |
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ORDER Setting Conditions of Release as to B097930 Signed by the Honorable Iain D. Johnston on 5/4/2018. (yxp, )
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Request |
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| 39 |
Filed: 5/4/2018, Entered: 5/4/2018 |
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Agreement To Defer Prosecution by USA, B097930 as to B097930 (yxp, )
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Request |
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| 38 |
Filed: 5/4/2018, Entered: 5/4/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 5/4/2018. Based upon the parties' agreement to defer prosecution, and the Court's finding that defendant has made a knowing and voluntary waiver of his speedy trial rights pursuant to that agreement, the 12 month period from 5/4/2018 through and including 5/4/2019, during which this prosecution is delayed pursuant to the agreement, is to be excluded from the speedy trial calculation pursuant to 18 USC § 3161(h)(2). Defendant's conditions of release are modified and the modified order of release shall issue separately. The defendant reserves the right to file pretrial motions. A status hearing is set for 4/30/2019 at 11:00 AM. (X-R) (yxp, )
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Filed: 5/4/2018, Entered: 5/4/2018 |
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(Oral) MOTION by USA to exclude time from 5/4/2018 to 5/4/2019 as to B097930 (1). (yxp, )
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Filed: 5/4/2018, Entered: 5/4/2018 |
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(Oral) MOTION by B097930 (1) for extension of time to file pretrial motions. (yxp, )
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| 37 |
Filed: 4/26/2018, Entered: 4/26/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 4/26/2018 and continued to 5/4/2018 at 10:00 AM. Defendant's oral motion for extension of time is granted. Government's oral motion to exclude time from 4/26/2018 to 5/4/2018 is granted. (X-T) (yxp, )
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Filed: 4/26/2018, Entered: 4/26/2018 |
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(Oral) MOTION by USA to exclude time from 4/26/2018 to 5/4/2018 pursuant to 18USC3161(h)(7) as to B097930 (1). (yxp, )
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Filed: 4/26/2018, Entered: 4/26/2018 |
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(Oral) MOTION by B097930 (1) for extension of time to file pretrial motions. (yxp, )
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| 36 |
Filed: 3/15/2018, Entered: 3/16/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Motion hearing held on 3/15/2018. Defendant's oral motion to withdraw motion is granted. Defendant's motion for attorney representation 34 is hereby withdrawn. Status hearing remains set for 4/26/2018 at 11:00 AM. (yxp, )
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Filed: 3/15/2018, Entered: 3/16/2018 |
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(Oral) MOTION by B097930 (1) to withdraw motion. (yxp, )
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| 35 |
Filed: 3/9/2018, Entered: 3/9/2018 |
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NOTICE of Motion by Brendan W. Caver for presentment of motion for attorney representation 34 before Honorable Iain D. Johnston on 3/15/2018 at 11:00 AM. (Caver, Brendan)
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Request |
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| 34 |
Filed: 3/9/2018, Entered: 3/9/2018 |
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MOTION by B097930 for attorney representation in Wisconsin State Matter (Caver, Brendan)
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Request |
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| 32 |
Filed: 2/27/2018, Entered: 2/27/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 2/27/2018 and continued to 4/26/2018 at 11:00 AM. Defendant's oral motion for extension of time is granted. Government's oral motion to exclude time from 2/27/2018 to 4/26/2018 is granted. (X-T) (yxp, )
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Filed: 2/27/2018, Entered: 2/27/2018 |
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(Oral) MOTION by USA to exclude time from 2/27/2018 to 4/26/2018 pursuant to 18USC3161(h)(7) as to B097930 (1). (yxp, )
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Filed: 2/27/2018, Entered: 2/27/2018 |
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(Oral) MOTION by B097930 (1) for extension of time to file pretrial motions. (yxp, )
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| 31 |
Filed: 1/31/2018, Entered: 2/1/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 1/31/2018 and continued to 2/27/2018 at 11:00 AM. Defendant's oral motion for extension of time is granted. Government's oral motion to exclude time from 1/31/2018 to 2/27/2018 is granted. (X-T) (yxp, )
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Filed: 1/31/2018, Entered: 2/1/2018 |
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(Oral) MOTION by USA to exclude time from 1/31/2018 to 2/27/2018 pursuant to 18USC3161(h)(7) as to B097930 (1). (yxp, )
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Filed: 1/31/2018, Entered: 2/1/2018 |
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(Oral) MOTION by B097930 (1) for extension of time to file pretrial motions. (yxp, )
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| 30 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 1/17/2018 and continued to 1/31/2018 at 1:00 PM. Defendant's oral motion for extension of time is granted. Government's oral motion to exclude time from 1/17/2018 to 1/31/2018 is granted. (X-T) (yxp, )
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Filed: 1/17/2018, Entered: 1/17/2018 |
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(Oral) MOTION by USA to exclude time from 1/10/2018 to 1/31/2018 pursuant to 18USC3161(h)(7) as to B097930 (1). (yxp, )
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Filed: 1/17/2018, Entered: 1/17/2018 |
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(Oral) MOTION by B097930 (1) for extension of time to file pretrial motions. (yxp, )
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| 29 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 1/10/2018. The defendant was not physically present. Defense counsel's oral motion to waive his appearance at today's hearing was unopposed and granted. Status hearing set for 1/17/2018 at 1:00 PM. Government reserves their right to exclude time. (yxp, )
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| 28 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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(Oral) MOTION by B097930 (1) to waive physical appearance at 1/10/2018 hearing. (yxp, )
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| 26 |
Filed: 12/22/2017, Entered: 12/22/2017 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): The defendant is directed to ask for and speak with Ms. Lori Cass, the Manager of the Rockford Central Faciltiy of the Illinois Secretary of State's Office. (yxp, )
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| 25 |
Filed: 12/18/2017, Entered: 12/18/2017 |
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LETTER from U.S. Magistrate Judge Iain D. Johnston dated 12/18/2017. (yxp, )
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| 24 |
Filed: 12/15/2017, Entered: 12/18/2017 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 12/15/2017. Government's oral motion to modify conditions of release is unopposed and granted. The defendants conditions of release are modified as follows: The defendant is restricted to travel only within the Northern District of Illinois. The defendant may travel to Madison, Wisconsin for his pending legal matter and upon notification and providing documentation to Pretrial Services; In addition, by 12/27/2017, the defendant shall participate in the Assertive Community Program (ACT) at Rosecrance. Defendant's oral motion for extension of time is granted. Government's oral motion to exclude time from 12/15/2017 to 1/10/2018 is granted. The parties consent for the Court to have ex parte conversations with the Illinois Secretary of State. Status hearing set for 1/10/2018 at 1:00 PM. (X-T) (yxp, )
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Filed: 12/15/2017, Entered: 12/18/2017 |
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(Oral) MOTION by USA to modify conditions of release to restrict travel to the Northern District of Illinois as to B097930 (1). (yxp, ) Modified on 12/18/2017 (yxp, ).
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Filed: 12/15/2017, Entered: 12/18/2017 |
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(Oral) MOTION by USA to exclude time from 12/15/2017 to 1/10/2018 pursuant to 18USC3161(h)(7) as to B097930 (1). (yxp, )
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Filed: 12/15/2017, Entered: 12/18/2017 |
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(Oral) MOTION by B097930 (1) for extension of time to file pretrial motions. (yxp, )
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| 23 |
Filed: 12/12/2017, Entered: 12/12/2017 |
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PRETRIAL Status Report as to B097930 (SEALED) (jw, )
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| Save 25% on a pre-paid one year subscription. |
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| 22 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status hearing held on 12/1/2017. The defendant has complied with the bond conditions that were due to be completed by 12/1/2017. Government's oral motion to exclude time from 12/1/2017 to 12/15/2017 is granted. Status hearing set for 12/15/2017 at 1:30 PM. (X-T) (yxp, )
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Filed: 12/1/2017, Entered: 12/1/2017 |
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(Oral) MOTION by USA to exclude time from 12/1/2017 to 12/15/2017 pursuant to 18USC3161(h)(7) as to B097930 (1). (yxp, )
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| 21 |
Filed: 11/27/2017, Entered: 11/28/2017 |
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Appearance Bond as to B097930 (1) (yxp, )
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Request |
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| 20 |
Filed: 11/27/2017, Entered: 11/28/2017 |
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ORDER Setting Conditions of Release as to B097930 (1) Signed by the Honorable Iain D. Johnston on 11/27/2017. (yxp, )
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Request |
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| 19 |
Filed: 11/27/2017, Entered: 11/28/2017 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Status and detention hearing held on 11/27/2017. The defendant shall be released on an OCR Bond. Order setting conditions of release to enter. Government's motion to exclude time from 11/27/2017 to 12/1/2017 is granted. Status hearing set for 12/1/2017 at 1:00 PM. (X-T) (yxp, )
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Filed: 11/27/2017, Entered: 11/28/2017 |
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(Oral) MOTION by USA to exclude time from 11/27/2017 to 12/1/2017 pursuant to 18USC3161(h)(7) as to B097930 (1). (yxp, )
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| 18 |
Filed: 11/14/2017, Entered: 11/15/2017 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Arriagnment hearing held on 11/14/2017. Indictment received, reviewed and formal reading waived. Defendant's rights explained on the record and he understands the nature of the charges. Defendant enters a plea of not guilty to Count 1 as to B097930. Defendant's oral motion for extension of time is granted. Government's oral motion to exclude time from 11/14/2017 to 11/27/2017 is granted. Status hearing set for 11/27/2017 at 3:30 PM. The defendant remains in custody. (yxp, )
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Filed: 11/14/2017, Entered: 11/15/2017 |
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(Oral) MOTION by USA to exclude time from 11/14/2017 to 11/27/2017 pursuant to 18USC3161(h)(7) as to B097930 (1). (yxp, )
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Filed: 11/14/2017, Entered: 11/15/2017 |
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(Oral) MOTION by B097930 (1) for extension of time to file pretrial motions. (yxp, )
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| 17 |
Filed: 11/14/2017, Entered: 11/14/2017 |
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MINUTE entry before the Honorable Iain D. Johnston: Defense counsel's motion to transport 11 is granted. The U.S. Marshal is directed to secure Mr. B097930 presence for the hearing set for 11/14/2017 at 3:00 PM. The presentment of the motion set for 11/14/2017 is stricken. Arraignment set for 11/14/2017 at 3:00 PM. (yxp, )
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| 16 |
Filed: 11/14/2017, Entered: 11/14/2017 |
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ORDER as to B097930 : The Grand Jury for the February 2017 Session, a quorum being present, returns the above-entitled indictment in open Court this date before Honorable Iain D. Johnston. Signed by the Honorable Iain D. Johnston on 11/14/2017. (jp, )
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| 15 |
Filed: 11/14/2017, Entered: 11/14/2017 |
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DESIGNATION Sheet: FELONY (Category III). (jp, )
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| 14 |
Filed: 11/14/2017, Entered: 11/14/2017 |
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INDICTMENT as to B097930 (1) count(s) 1 (jp, )
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Request |
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Filed: 11/14/2017, Entered: 11/14/2017 |
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NOTICE of Motion by Brendan W. Caver for presentment of motion for order 11 before Honorable Iain D. Johnston on 11/14/2017 at 03:00 PM. (Caver, Brendan)
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Request |
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Filed: 11/14/2017, Entered: 11/14/2017 |
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MOTION by B097930 for order ensuring transport of defendant for continued detention hearing (Caver, Brendan)
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Request |
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Filed: 11/9/2017, Entered: 11/9/2017 |
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MINUTE entry before the Honorable Iain D. Johnston: On the Court's own motion, the presence of defendant B097930 is excused from the 11/14/2017 continuation of his detention hearing. Mailed notice (jp, )
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Request |
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Filed: 11/8/2017, Entered: 11/8/2017 |
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ARREST WARRANT returned executed as to B097930 on 11/1/2017 (jp, )
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Request |
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Filed: 11/6/2017, Entered: 11/7/2017 |
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FINANCIAL Affidavit filed by B097930 (SEALED) (jp, )
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Filed: 11/6/2017, Entered: 11/7/2017 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Detention hearing held on 11/6/2017. Defense counsel's request for more time is granted. The detention hearing is continued to 11/14/2017 at 3:00 PM. The defendant remains in custody. (yxp, )
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Filed: 11/6/2017, Entered: 11/6/2017 |
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ATTORNEY Appearance for defendant B097930 by Brendan W. Caver by CJA appointment 11/3/17 (Caver, Brendan)
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Filed: 11/3/2017, Entered: 11/3/2017 |
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MINUTE entry before the Honorable Iain D. Johnston as to B097930 (1): Initial Appearance held on 11/3/2017. CJA Panel attorney Brendan Caver appears on behalf of the defendant. Complaint reviewed and the defendants rights are explained on the record. The defendant understands the nature of the charges. Government seeks detention based on risk of flight and danger to the community. Detention Hearing set for 11/6/2017 at 4:30 PM. The defendant shall file a financial affidavit by close of business on 11/6/2017. The defendant is remanded to the custody of the U.S. Marshal. (yxp, )
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Request |
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Filed: 11/2/2017, Entered: 11/2/2017 |
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ARREST WARRANT issued to U.S. Marshal as to B097930 (jp, ) Modified on 11/3/2017 (jp, ).
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Request |
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Filed: 11/2/2017, Entered: 11/2/2017 |
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ORDER as to B097930 Signed by the Honorable Iain D. Johnston on 11/2/2017. (jp, ) Modified on 11/3/2017 (jp, ).
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Request |
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Filed: 11/2/2017, Entered: 11/2/2017 |
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MOTION by USA to Seal Complaint, Affidavit, and Arrest Warrant as to B097930 (jp, ) Modified on 11/3/2017 (jp, ).
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Request |
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| 1 |
Filed: 11/2/2017, Entered: 11/2/2017 |
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COMPLAINT signed by Honorable Iain D. Johnston as to B097930 (1) (jp, ) Modified on 11/3/2017 (jp, ).
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