USA v. McKelvie
Criminal Case New York Southern District Court, Case No. 1:08-cr-00339-PKC

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United States of America United States of America, Plaintiff
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Raymond Joseph Lohier, Jr +1 212 637 2235 +1 212 637 0083 Raymond.Lohier@usdoj.gov
v.
No Logo Mark McKelvie, Defendant

Toggle Switch Represented by Dibble & Miller, PC

Name Phone Fax E-Mail
Space Gerald W Dibble +1 585 271 1500 +1 585 271 0118

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

Office Foley Square
Filed 4/14/2008
County NewYork
Terminated
Reopened
Other Court Case None
Count 1
Citation Section 26 U.S.C. § 7206A.F
Offense Level 4
267206A.F FRAUD AND FALSE STATEMENTS (SUBSCRIBING TO FALSE TAX RETURN)
Def Custody Status Released
Flag ECF
  Entries (12) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 5 Filed: 8/6/2008, Entered: 8/6/2008 OrderCourt Filing
ORDER as to Mark McKelvie. I will order that the presentence investigation be conducted and a presentence report be prepared ("PSR") by the Probation Office. It is important that the defendant be candid, truthful and honest with the people who prepare the PSR because it will be important in my decision on sentencing. Defendant and defense counsel should carefully review the PSR. If necessary, an interpreter should be used to assist in the review process. Objections to the facts and/or Guideline calculations in the PSR, requests for departures and/or requests for non-Guideline sentences shall be made in writing delivered to the Court ( with copy to the Probation Officer and opposing counsel). If the defendant seeks to have the court consider letters from family or friends, the letters should be collected by defense counsel and submitted to the court as a group (with copies to the A.U.S.A. and the Probation Officer). Because a presumption of public access would likely apply to a submission on the subject of sentencing (including letters by family and friends), submissions shall be filed with the Clerk of the Court and copies therefore hand delivered or faxed to Chambers by counsel. So Ordered. (Signed by Judge P. Kevin Castel on 8/6/2008)(D'Avanzo, Daniel)
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    Blank -- Filed: 8/6/2008, Entered: 8/7/2008 Oral Order
    ORAL ORDER as to Mark McKelvie. Sentencing set for 11/6/2008 at 09:30 AM before Judge P. Kevin Castel. (bw)
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      Blank -- Filed: 8/6/2008, Entered: 8/7/2008 Order of Referral to Probation for Presentence Inv
      Order of Referral to Probation for Presentence Investigation and Report as to Mark McKelvie. (bw)
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        Blank -- Filed: 8/6/2008, Entered: 8/7/2008 Plea Entered
        Minute Entry for proceedings held before Judge P. Kevin Castel: Plea entered by Mark McKelvie (1) Guilty as to Count 1. (bw)
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          Blank -- Filed: 8/6/2008, Entered: 8/7/2008 Status Conference
          Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference as to Mark McKelvie held on 8/6/2008. The defendant Mark McKelvie and his attorney Gerald Dibble are present. AUSA Raymond J. Lohier, Jr. is present. Court Reporter Sam Mauro is present. See transcript. The defendant pleads guilty to the Information 08 CR 0383 (PKC), Counts One and Two. The defendant pleads guilty to the Information 08 CR 0339 (PKC), Count One. The Court accepts the pleas. The P.S.I. is ordered. The sentence is scheduled for November 6, 2008 at 9:30 a.m. The defendant is released R.O.R. [See case 08-cr-383(PKC) also] (bw)
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            Blank -- Filed: 8/6/2008, Entered: 8/7/2008 Initial Appearance
            Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Appearance as to Mark McKelvie held on 8/6/2008. (bw)
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              Legal Document 4 Filed: 7/14/2008, Entered: 7/14/2008 Endorsed LetterCourt Filing
              ENDORSED LETTER as to Mark McKelvie addressed to Judge Castel from Raymond J. Lohier, Jr. re: Reschedule Hearing as to Mark McKelvie( Pretrial Conference set for 8/6/2008 at 02:00 PM before Judge P. Kevin Castel.), ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Mark McKelvie. Time excluded from 7/14/08 until 8/6/08....ENDORSEMENT...Approved and adopted. Based upon my independent review and assessment, I conclude that an exclusion until August 6 is appropriate for the reasons above. SO ORDERED. Refer to 08 cr 383. (Signed by Judge P. Kevin Castel on 7/14/08)(jw)
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                Legal Document 3 Filed: 5/22/2008, Entered: 5/23/2008 OrderCourt Filing
                ORDER as to Mark McKelvie. Appearance for entry of a plea is scheduled for 6/19/08 @ 9:45am. Time between today and 6/19/08 is excluded. So Ordered. (see the attached order for the full text) (Signed by Judge P. Kevin Castel on 5/22/08)(pr)
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                  Blank -- Filed: 5/22/2008, Entered: 5/23/2008 Set/Reset Hearings
                  Set/Reset Hearings as to Mark McKelvie:Plea scheduled for 6/19/2008 at 09:45 AM Judge P. Kevin Castel.. (pr)
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                    Legal Document 2 Filed: 4/14/2008, Entered: 4/16/2008 Rule 20 Documents Received
                    RULE 20 DOCUMENTS RECEIVED as to Mark McKelvie transferred from the United States District Court - District of Western NY, Case Number: 06CR6083. The following documents were received: Certified copy of the indictment/information, certified copy of the docket sheet, and letter of acknowledgment. (jm)
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                      Legal Document 1 Filed: 4/14/2008, Entered: 4/16/2008 Rule 20 - Transfer In
                      CONSENT TO TRANSFER JURISDICTION (Rule 20) from the United States District Court - District of Western NY; by Mark McKelvie (1) count(s) 1. (jm)
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                        Blank -- Filed: 4/14/2008, Entered: 4/16/2008 Case Designated ECF.
                        Case Designated ECF as to Mark McKelvie. (jm)
                          LREF

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