USA v. Kistner, et al
Criminal Case Virginia Eastern District Court, Case No. 2:05-cr-00053-RBS-TEM

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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 Stephen Westley Haynie +1 757 441 6331 steve.haynie@usdoj.gov

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 Norfolk
Filed 4/20/2005
County Virginia Beach City
Terminated 11/9/2005
Reopened
Other Court Case None
Count 1-2
Citation Section 18 U.S.C. § 1343.F
Offense Level 4
T.181343 & 2 (181343.F) - Wire Fraud (date offense concluded Ct.1
Count 3
Citation Section 18 U.S.C. § 1343.F
Offense Level 4
T.181343 & 2 (181343.F) - Wire Fraud (date offense concluded Ct.1
Count 4
Citation Section 18 U.S.C. § 1344A.F
Offense Level 4
T.181344 & 2 (181344A.F) - Bank Fraud (date offense concluded 2-2-02)
Count 5-7
Citation Section 18 U.S.C. § 1014.F
Offense Level 4
T.181014 & 2 (181014.F) - False statement & report in connection with a loan application & an Open-End Voucher & Security Agreement
Def Custody Status Released
Flag CLOSED
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Blank 34 Filed: 12/7/2006, Entered: 12/8/2006 Report and OrderCourt Filing
Report and Order Terminating Probation Prior to Original Expiration Date as to Sarah Diane Kistner. Signed by Judge Rebecca Beach Smith and filed on 12/7/06; Copies mailed 12/7/06. (kgri, )
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    Blank 33 Filed: 12/4/2006, Entered: 12/5/2006 Motion for Early Termination of Probation
    MOTION for Early Termination of Probation by Sarah Diane Kistner. (kgri, )
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      Blank 32 Filed: 2/22/2006, Entered: 2/24/2006 Judgment Returned Executed
      Judgment Returned Executed as to Jamil Ali Hameed on 2/9/06 to FCI LOR. (kgri, )
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        Blank 31 Filed: 11/10/2005, Entered: 11/15/2005 Judgment*Court Filing
        JUDGMENT as to Jamil Ali Hameed (2) - Counts 1-2: Dismissed with prejudice on motion of the United States; Count 3: Imprisonment: 12 months; Supervised Release: 3 years; Fine: $2,000.00; Special Assessment: $100.00. Signed by Judge Rebecca Beach Smith and filed on 11/10/05; Copies mailed 11/10/05, o.b. (kgri, )
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          Blank -- Filed: 11/10/2005, Entered: 11/10/2005 Sentencing
          Minute Entry for proceedings held before Judge Rebecca Beach Smith: Stephen W. Haynie, AUSA, William H. O'Brien, ret. counsel, and Darryl Upshur, probation officer, present. Deft. present on bond. Sentencing held on 11/10/2005, for Jamil Ali Hameed (2). Count(s) 1-2, Dismissed on motion of the United States; Count(s) 3, Imprisonment: 12 months; Supervised Release: 3 years; Special Assessment: $100.00; Fine: $2,000.00. Deft. remanded. (Court Reporter Gloria Smith, OCR.) (mgra)
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            Blank 30 Filed: 11/9/2005, Entered: 11/9/2005 Judgment*Court Filing
            JUDGMENT as to Sarah Diane Kistner (1) - Counts 1-2, 4, 5-7: Dismissed on motion of the United States; Count 3: Probation: Five (5) years; Restitution: $14,014.25; Special Assessment: $100.00. Signed by Judge Rebecca Beach Smith on 11/8/05 and filed on 11/9/05; Copies mailed 11/9/05, o.b. (kgri, )
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              Blank 29 Filed: 11/8/2005, Entered: 11/8/2005 Position on Sentencing
              Response to Defendant's Objection to Presentence Report by USA as to Jamil Ali Hameed. (kgri, )
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                Blank 28 Filed: 11/8/2005, Entered: 11/8/2005 Restitution JudgmentCourt Filing
                Restitution Judgment as to Sarah Diane Kistner, entered & filed in open court. Signed by Judge Rebecca Beach Smith on November 8, 2005. Copies mailed with J&C. (mgra)
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                  Blank -- Filed: 11/8/2005, Entered: 11/8/2005 Sentencing
                  Minute Entry for proceedings held before Judge Rebecca Beach Smith: Stephen W. Haynie, AUSA, Larry M. Dash, AFPD, and Darryl Upshur, probation officer, present. Deft. present on bond. Sentencing held on 11/8/2005, for Sarah Diane Kistner (1). Count(s) 1-2, 4, 5-7, Dismissed on motion of the United States; Sentenced on Count(s) 3, Probation: five (5) years; Special Assessment: $100.00; Restitution: $14,014.25. (Court Reporter Gloria Smith, OCR.) (mgra)
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                    Blank 27 Filed: 11/7/2005, Entered: 11/7/2005 Position on Sentencing
                    Defendant's Position With Respect to Sentencing Factors in the Presentence Report by Jamil Ali Hameed (kgri, )
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                      Blank 26 Filed: 10/31/2005, Entered: 10/31/2005 Position on Sentencing
                      Position of Defendant with Respect to Sentencing Factors by Sarah Diane Kistner. (kgri, )
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                        Blank 25 Filed: 10/21/2005, Entered: 10/21/2005 Position on Sentencing
                        Government's Position With Respect to Sentencing Factors in the Presentence Report as to Jamil Ali Hameed. (kgri, )
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                          Blank 24 Filed: 10/19/2005, Entered: 10/19/2005 Position on Sentencing
                          Government's Position with Respect to Sentencing Factors in the Presentence Report as to Sarah Diane Kistner. (kgri, )
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                            Blank 23 Filed: 9/13/2005, Entered: 9/13/2005 Order Setting Conditions of ReleaseCourt Filing
                            ORDER Setting Conditions of Release as to Jamil Ali Hameed. Signed by Judge F. Bradford Stillman on 9/12/05 and filed on 9/13/05; Copies mailed 9/13/05. (kgri, )
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                              Blank -- Filed: 9/12/2005, Entered: 9/12/2005 Bond Revocation Hearing
                              Minute Entry for proceedings held before Judge F. Bradford Stillman :Bond Revocation Hearing as to Jamil Ali Hameed held on 9/12/2005. Court amended conds. of release. (Court Reporter FTR: present: AUSA Stephen Haynie; William H. O'Brien, ret. cnsl.) (kgri, )
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                                Blank -- Filed: 8/22/2005, Entered: 8/29/2005 Summons Issued
                                Summons Issued in case as to Jamil Ali Hameed for 9/12/05 re Bond Revocation Hearing. (kgri, )
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                                  Blank -- Filed: 8/22/2005, Entered: 8/29/2005 Set/Reset Hearings
                                  Set/Reset Hearings as to Jamil Ali Hameed: Bond Revocation Hearing set for 9/12/2005 at 10:00 AM before Honorable Magistrate F. Bradford Stillman. (kgri, )
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                                    Blank 22 Filed: 8/17/2005, Entered: 8/17/2005 Order on Motion to Modify Conditions of ReleaseCourt Filing
                                    ORDER granting [21] Motion to Modify Conditions of Release as to Sarah Diane Kistner (1). Deft. may travel to the Atlanta GA area for the purpose of visiting with her son's paternal grandparents, and shall imm. return to her home in Mass. Signed by Judge Tommy E. Miller and filed on 8/17/05; Copies mailed 8/17/05. (kgri, )
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                                      Blank 21 Filed: 8/17/2005, Entered: 8/17/2005, Terminated: 8/17/2005 Motion to Modify Conditions of Release
                                      MOTION for Permission to Allow Defendant to Temporarily Leave the State of Massachusetts by Sarah Diane Kistner. (kgri, )
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                                        Blank 20 Filed: 8/16/2005, Entered: 8/16/2005 Petition and Order on Violation of Pretrial ReleasCourt Filing
                                        Petition and Order on Violation of Pretrial Release which directs a summons to be issued to show cause why bond should not be revoked as to Jamil Ali Hameed . Signed by Judge Tommy E. Miller and filed on 8/16/05; Copies mailed 8/16/05. (kgri, )
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                                          Blank 19 Filed: 6/27/2005, Entered: 6/30/2005 Sentencing Procedures OrderCourt Filing
                                          Sentencing Procedures Order as to Jamil Ali Hameed . Signed by Judge Rebecca Beach Smith on 6/27/05. (scar, )
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                                            Blank 18 Filed: 6/27/2005, Entered: 6/30/2005 Statement of Facts
                                            Statement of Facts as to Jamil Ali Hameed (scar, )
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                                              Blank 17 Filed: 6/27/2005, Entered: 6/30/2005 Plea Agreement
                                              PLEA AGREEMENT as to Jamil Ali Hameed (scar, )
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                                                Blank -- Filed: 6/27/2005, Entered: 6/30/2005 Plea Agreement Hearing
                                                Minute Entry for proceedings held before Judge Rebecca Beach Smith :Plea Agreement Hearing as to Jamil Ali Hameed held on 6/27/2005. Deft requested to withdraw plea of not guilty to count 3 and enter a plea of guilty to said count. Plea entered by Jamil Ali Hameed (2) Guilty Count 3. Court explained to deft that by pleading guilty he waived his right of appeal pursuant to the plea agreement. Continued for PSR. Deft continued on present bond with additional condition: deft shall avoid contact, directly or indirectly, with William Brown and deft and his attorney shall initial addition of this condition in bond; Deft Sentencing set for 11/10/2005 10:00 AM before Honorable District Rebecca Beach Smith. (Court Reporter Gloria Smith, OCR.) (scar, )
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                                                  Blank 16 Filed: 6/24/2005, Entered: 6/24/2005 Sentencing Procedures OrderCourt Filing
                                                  Sentencing Procedures Order as to Sarah Diane Kistner, entered & filed in open court. Signed by Judge Rebecca Beach Smith on 6/24/2005. (mgra,)
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                                                    Blank 15 Filed: 6/24/2005, Entered: 6/24/2005 Statement of Facts
                                                    Statement of Facts as to Sarah Diane Kistner (mgra,)
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                                                      Blank 14 Filed: 6/24/2005, Entered: 6/24/2005 Plea Agreement
                                                      PLEA AGREEMENT as to Sarah Diane Kistner (mgra,)
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                                                        Blank -- Filed: 6/24/2005, Entered: 6/24/2005 Plea Agreement Hearing
                                                        Minute Entry for proceedings held before Judge Rebecca Beach Smith: Stephen W. Haynie, AUSA, & Larry M. Dash, AFPD, present. Deft present on bond.Plea Agreement Hearing as to Sarah Diane Kistner held on 6/24/2005. Plea entered by Sarah Diane Kistner (1). Guilty: Count 3. Continued for PSR. Court explained to deft. that by pleading guilty she waived her right of appeal, pursuant to plea agreement. Sentencing set for 11/8/2005, at 10:00 AM before Honorable District Judge Rebecca Beach Smith. The deft. shall not have any contact with Jamil Ali Hameed and William Joseph Brown.(Court Reporter Gloria Smith, OCR.) (mgra,)
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                                                          Blank -- Filed: 6/22/2005, Entered: 6/28/2005 Set/Reset Hearings
                                                          Set/Reset Hearings as to Jamil Ali Hameed: Plea Agreement Hearing re-set for 6/27/2005 at 02:00 PM before Honorable District Rebecca Beach Smith. (kgri, )
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                                                            Blank -- Filed: 6/20/2005, Entered: 6/20/2005 Set/Reset Hearings
                                                            Set/Reset Hearings as to Jamil Ali Hameed: Plea Agreement Hearing set for 6/24/2005 at 12:00 PM before Honorable District Rebecca Beach Smith. (kgri, )
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                                                              Blank -- Filed: 6/10/2005, Entered: 6/10/2005 Set/Reset Hearings
                                                              Set/Reset Hearings as to Sarah Diane Kistner: Plea Agreement Hearing set for 6/24/2005 at 10:00 AM before Honorable District Rebecca Beach Smith. (kgri, )
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                                                                Blank 13 Filed: 5/6/2005, Entered: 5/6/2005 Agreed Discovery OrderCourt Filing
                                                                Agreed Discovery Order as to Jamil Ali Hameed . Signed by Judge Tommy E. Miller and filed on 5/6/05. Copies mailed 5/6/05. (kgri, )
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                                                                  Blank -- Filed: 5/4/2005, Entered: 5/4/2005 Terminate Deadlines and Hearings
                                                                  Terminate Deadlines and Hearings as to Sarah Diane Kistner, Jamil Ali Hameed: Susp. deadline for trial date to be set. (kgri, )
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                                                                    Blank -- Filed: 5/4/2005, Entered: 5/4/2005 Arraignment
                                                                    Minute Entry for proceedings held before Judge F. Bradford Stillman on 5/4/2005:Defts. both prev. arrgned. (Sarah Diane Kistner (1) on Counts 1-3,4,5-7 and Jamil Ali Hameed (2) on Counts 1-3). Defts. did not appear as they had prev. waived app. Court set following dates: Motions due by 5/16/2005. Responses due by 5/27/2005; Jury Trial set for 7/6/2005 at 11:00 AM before Honorable District Judge Rebecca Beach Smith. (Court Reporter Gloria Smith; AUSA Sherri Capotosto; AFPD Larry Dash for Deft. Kistner; William O'Brien, ret. cnsl. for Deft. Hameed) Defts. do not wish to app. at PT hrgs. Court hours: 9:00-9:18 a.m. (kgri, )
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                                                                      Blank 12 Filed: 5/2/2005, Entered: 5/3/2005 Waiver of Presence at Arraignment
                                                                      WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Jamil Ali Hameed. (kgri, )
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                                                                        Blank 11 Filed: 4/28/2005, Entered: 5/2/2005 Order Setting Conditions of ReleaseCourt Filing
                                                                        ORDER Setting Conditions of Release ent. and filed 4/28/05. Signed by Judge F. Bradford Stillman on 4/28/05. Copies mailed. (they, )
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                                                                          Blank 10 Filed: 4/28/2005, Entered: 5/2/2005 Bond
                                                                          Unsecured Bond Entered as to Jamil Ali Hameed in amount of $ $50,000.00, (they, )
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                                                                            Blank 9 Filed: 4/28/2005, Entered: 5/2/2005 Warrant Returned Executed
                                                                            ARREST Warrant Returned Executed on 4/28/05. as to Jamil Ali Hameed. (they, )
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                                                                              Blank 8 Filed: 4/28/2005, Entered: 4/28/2005 Warrant Returned Executed
                                                                              ARREST WARRANT Returned Executed as to Sarah Diane Kistner on 4/22/05. (kgri)
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                                                                                Blank -- Filed: 4/28/2005, Entered: 5/2/2005 Set/Reset Deadlines/Hearings
                                                                                Set/Reset Deadlines/Hearings as to Jamil Ali Hameed: Arraignment set for 5/4/2005 09:00 AM before Unassigned. (they, )
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                                                                                  Blank -- Filed: 4/28/2005, Entered: 5/2/2005 Initial Appearance
                                                                                  Minute Entry for proceedings held before Judge F. Bradford Stillman.Initial Appearance as to Jamil Ali Hameed held on 4/28/2005. Robert Seidel appeared on behalf of the govt. William O'Brien appeared as retained counsel on behalf of the deft. Bond set at $50,000.00 unsecured. Deft's motion to waive appearance at arraignment under Rule 10 GRANTED. Deft. to file written waiver of appearance w/court. (Court Reporter FTR.) (they, )
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                                                                                    Blank -- Filed: 4/28/2005, Entered: 4/28/2005 Initial Appearance
                                                                                    Initial appearance as to Jamil Ali Hameed before Mag Judge F. B. Stillman set for 12:00 p.m. on 4/28/05 in Norfolk. (kgri)
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                                                                                      Blank -- Filed: 4/28/2005, Entered: 4/28/2005 Arrest
                                                                                      ARREST of Jamil Ali Hameed (kgri)
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                                                                                        Blank -- Filed: 4/27/2005, Entered: 5/3/2005 Add and Terminate Attorneys
                                                                                        Attorney update in case as to Jamil Ali Hameed. Attorney William Henry O'Brien for Jamil Ali Hameed added. (kgri, )
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                                                                                          Blank 7 Filed: 4/25/2005, Entered: 4/25/2005 Order Setting Conditions of ReleaseCourt Filing
                                                                                          ORDER Setting Conditions of Release as to Sarah Diane Kistner; ent. 4/22/05; filed 4/25/05 (Signed by Mag Judge Tommy E. Miller ) Copies Mailed: 4/25/05 (they)
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                                                                                            Blank 6 Filed: 4/22/2005, Entered: 4/25/2005 Bond
                                                                                            Unsecured BOND entered by Sarah Diane Kistner in the amount of $10,000.00 (popo)
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                                                                                              Blank 5 Filed: 4/22/2005, Entered: 4/25/2005 Agreed Discovery OrderCourt Filing
                                                                                              Agreed Discovery Order by Sarah Diane Kistner, USA (signed by Magistrate Judge Tommy E. Miller on 4/22/05) & filed on 4/22/05. Copies dist. (popo)
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                                                                                                Blank 4 Filed: 4/22/2005, Entered: 4/25/2005 Miscellaneous Document
                                                                                                WAIVER OF RIGHT to be Present at Hearings on Motions Prior to Trial executed as to Sarah Diane Kistner, filed in open Court (popo)
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                                                                                                  Blank -- Filed: 4/22/2005, Entered: 4/28/2005 Arrest
                                                                                                  ARREST of Sarah Diane Kistner (kgri)
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                                                                                                    Blank -- Filed: 4/22/2005, Entered: 4/26/2005 Set/Reset Hearings
                                                                                                    Arraignment as to Sarah Diane Kistner before Mag Judge F. B. Stillman contd. to 9:00 a.m. on 5/4/05. (kgri)
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                                                                                                      Blank -- Filed: 4/22/2005, Entered: 4/25/2005 Set/Reset Hearings
                                                                                                      Arraignment as to Sarah Diane Kistner held before Mag Judge Tommy E. Miller (FTR). USA appeared through: Steve Haynie, AUSA. Dft. present appeared through: Larry Dash, AFPD. Copy of Indictment furnished to dft. Court explained charge. Dft. waived formal arraignment. Dft. plead not guilty. Jury demanded. Trial date to be set on 5/4/05 at 9:00 a.m. Court stated that dft. must be present at prel. hearings unless she exec. & filed waiver of appearance form. Waiver of Appearance form executed by dft. Bond set at $10,000 Unsecured with standard and special conditions of release. (In court time for i.a. & arr. 2:30-2:44) (popo)
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                                                                                                        Blank -- Filed: 4/22/2005, Entered: 4/25/2005 Initial Appearance
                                                                                                        Initial appearance as to Sarah Diane Kistner held before Mag Judge Tommy E. Miller (FTR). USA appeared through: Steve Haynie, AUSA. Dft. present appeared through: Larry Dash, AFPD. (Defendant informed of rights.) (popo)
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                                                                                                          Blank 3 Filed: 4/20/2005, Entered: 4/21/2005 Indictment
                                                                                                          INDICTMENT RETURNED & FILED IN OPEN COURT as to Sarah Diane Kistner (1) counts 1-3, 4 & 5-7 & Jamil Ali Hameed (2) counts 1-3. On motion of the Govt, Court dir. warrant be issued for Sarah Kistner & Jamil Hameed. (popo)
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                                                                                                            Blank -- Filed: 4/20/2005, Entered: 4/21/2005 Initial Appearance
                                                                                                            Initial appearance as to Sarah Diane Kistner set for 2:30 on 4/22/05 (popo)
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                                                                                                              Blank -- Filed: 4/20/2005, Entered: 4/21/2005 Miscellaneous Document
                                                                                                              CASE REFERRED to Mag Judge Tommy E. Miller (popo)
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                                                                                                                Blank -- Filed: 4/20/2005, Entered: 4/21/2005 Warrant Issued
                                                                                                                Arrest WARRANT issued as to Sarah Diane Kistner & Jamil Ali Hameed (popo)
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                                                                                                                  Blank 2 Filed: 4/26/2002, Entered: 4/21/2005 Order Appointing Public DefenderCourt Filing
                                                                                                                  ORDER Appointing Federal Public Defender for Sarah Diane Kistner Public Defender is Larry Mark Dash (signed by Mag Judge F. Bradford Stillman on 4/25/02) & filed on 4/26/02. (popo)
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                                                                                                                    Blank 1 Filed: 4/25/2002, Entered: 4/21/2005 Financial Affidavit-CJA 23
                                                                                                                    CJA 23 FINANCIAL AFFIDAVIT For Appointing Counsel by Sarah Diane Kistner (popo)
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