USA v. Erno
Criminal Case Vermont District Court, Case No. 1:04-cr-00068-jgm

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United States of America United States of America, Plaintiff

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Paul J. Van de Graaf, AUSA +1 802 951 6725 paul.van.de.graaf@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 Brattleboro
Filed 4/21/2004
County Orange
Terminated 3/29/2005
Reopened
Other Court Case None
Count 1-4
Citation Section 18 U.S.C. § 876.F
Offense Level 4
18876(c).F MAILING THREATENING COMMUNICATIONS - Threats by mail to St. Johnsbury Postmaster, Caledonia State's Atty Office, Caledonia Family Court and Governor Douglas
Count 5-6
Citation Section 18 U.S.C. § 871.F
Offense Level 4
18871.F THREATS AGAINST PRESIDENT AND SUCCESSORS TO PRESIDENT - Threats by mail to the President
Count 1s-2s
Citation Section 18 U.S.C. § 876.F
Offense Level 4
18876(c).F MAILING THREATENING COMMUNICATIONS - caused to be delivered by the US Postal Service threating written communication
Count 3s-4s
Citation Section 18 U.S.C. § 876.F
Offense Level 4
18876(c).F MAILING THREATENING COMMUNICATIONS - caused to be delivered by the US Postal Service threating written communication
Count 5s
Citation Section 18 U.S.C. § 871.F
Offense Level 4
18871.F THREATS AGAINST PRESIDENT AND SUCCESSORS TO PRESIDENT - mailed a written document containing a threat to inflict bodily harm onto the President
Count 6s
Citation Section 18 U.S.C. § 871.F
Offense Level 4
18871.F THREATS AGAINST PRESIDENT AND SUCCESSORS TO PRESIDENT - mailed a written document containing a threat to inflict bodily harm onto the President
Count 7s
Citation Section 18 U.S.C. § 876.F
Offense Level 4
18876(c).F MAILING THREATENING COMMUNICATIONS - caused to be delivered by the US Postal Service a written communication containing a threat to Governor James Douglas
Count 8s
Citation Section 18 U.S.C. § 871.F
Offense Level 4
18871.F THREATS AGAINST PRESIDENT AND SUCCESSORS TO PRESIDENT - willfully mailed a threat to inflict bodily harm onto the President
Count 9s
Citation Section 18 U.S.C. § 876.F
Offense Level 4
18876(c).F MAILING THREATENING COMMUNICATIONS - caused to be delivered by the US Postal Service a threat to injure the Swanton Postmaster
Def Custody Status Custody This Court
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Legal Document (Payment Possibly Required) 19 Filed: 3/1/2007, Entered: 3/2/2007 Writ of Habeas Corpus ad Prosequendum Executed
Writ of Habeas Corpus ad Prosequendum Returned Executed as to William F Erno, III on 2/28/2007. (wjf)
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    Legal Document (Payment Possibly Required) 18 Filed: 3/29/2005, Entered: 3/29/2005 Judgment*Court Filing
    JUDGMENT as to William F Erno, III (1), Count(s) 1-4, 1s-2s, Dismissed on Motion of Govt; Count(s) 3s-4s, 46 months imprisonment, concurrent to each other, but consecutive to State of Vermont sentencing currently being served. Court recommends MCH Springfield, MO and participation in Axis II program. 3 years Supervised Release. Special Conditions: No firearms, Allow DNA collection, Participate in Substance Abuse Program, Participate in Mental Health Program, Continue to take medication.Special Assessment $300 payable immediately.; Count(s) 5-6, 6s, 7s, 8s, 9s, Dismissed on Motion of Govt.; Count(s) 5s, 46 months imprisonment, concurrent with each other, but consecutive to the State of Vermont sentence currently being served. Court recommends: MCH Springfield, MO and participation in Axis II program. 3 years Supervised Release. Special Conditions: No firearms, Allow DNA collection, Participate in Substance Abuse Program, Participate in Mental Health Program, Contine to take medication. Special Assessmet $300 payable immediately. . Signed by Judge J. Garvan Murtha on 03/28/2005. CERTIFIED Cys to USM (3) and USPO (wjf, )
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      Blank -- Filed: 3/28/2005, Entered: 3/28/2005 Sentencing
      MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha :E. Woodcock, AUSA for Govt. E. Mann, Esq. for Deft Erno.Sentencing held on 3/28/2005 for William F Erno, III (1), Statements by Ms. Mann, Ms. Woodcock and Mr. Erno. SENTENCING: Count(s) 1-4, 1s-2s, Dismissed on Motion of Govt; Count(s) 3s-4s, 46 months imprisonment, concurrent to each other, but consecutive to State of Vermont sentencing currently being served. Court recommends MCH Springfield, MO and participation in Axis II program. 3 years Supervised Release. Special Conditions: No firearms, Allow DNA collection, Participate in Substance Abuse Program, Participate in Mental Health Program, Continue to take medication.Special Assessment $300 payable immediately.; Count(s) 5-6, 6s, 7s, 8s, 9s, Dismissed on Motion of Govt.; Count(s) 5s, 46 months imprisonment, concurrent with each other, but consecutive to the State of Vermont sentence currently being served. Court recommends: MCH Springfield, MO and participation in Axis II program. 3 years Supervised Release. Special Conditions: No firearms, Allow DNA collection, Participate in Substance Abuse Program, Participate in Mental Health Program, Continue to take medication. Special Assessmet $300 payable immediately. Deft remanded to the custody of USM. (Court Reporter S. Donath.) (wjf, )
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        Legal Document (Payment Possibly Required) 17 Filed: 3/22/2005, Entered: 3/22/2005 Sentencing Memorandum
        SENTENCING MEMORANDUM (DOCUMENT IS SEALED) by William F Erno, III (wjf, )
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          Legal Document (Payment Possibly Required) 16 Filed: 3/3/2005, Entered: 3/3/2005 Notice of Hearing.
          REVISED NOTICE OF HEARING as to William F Erno, III Sentencing set for 3/28/2005 02:00 PM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf, )
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            Legal Document (Payment Possibly Required) 15 Filed: 2/15/2005, Entered: 2/15/2005 Notice of Hearing.
            NOTICE OF HEARING as to William F Erno, III. Sentencing set for 3/10/2005 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (mfh, )
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              Legal Document (Payment Possibly Required) 14 Filed: 11/23/2004, Entered: 11/23/2004 Notice of Hearing.
              NOTICE OF HEARING; Sentencing set for 11:00am on 3/07/05 for dft Erno in Brattleboro. Cy to affected parties, USPO (jse)
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                Sealed Legal Document 13 Filed: 11/23/2004, Entered: 11/23/2004 Psychiatric Report +
                PSYCHIATRIC EVALUATION (SEALED) received for William F Erno III (law)
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                  Legal Document (Payment Possibly Required) 12 Filed: 11/22/2004, Entered: 11/22/2004 Scheduling OrderCourt Filing
                  PROCEDURAL AND SCHEDULING ORDER by District Judge J. G. Murtha sentencing set for 11:00 3/7/05 for William F Erno III in BRATTLEBORO (Cy to affected parties, USPO) (law)
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                    Blank -- Filed: 11/22/2004, Entered: 11/22/2004 Minutes-Miscellaneous
                    MINUTES: before District Judge J. G. Murtha (Ct Rptr: Anne Coughlin) Elizabeth Woodcock, AUSA present for gov't. Dft present with Elizabeth Mann, AFPD for competency hearing/change of plea in-court hearing held on 11/22/04 , Court received report from BOP, indicating competency. Dft does not contest. guilty plea entered by William F Erno III to count(s) 3, 4 & 5 of Superseding Indictment Dft, sworn by Clerk, was examined by the Court. Statements by gov't re: facts of case. Gov't agrees to dismiss remaining counts. ORDERED: Court accepts plea. PSR to be prepared by USPO. Sentencing to be schedule. ORDERED: dft detained pending sentencing. (law)
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                      Legal Document (Payment Possibly Required) 11 Filed: 11/18/2004, Entered: 11/18/2004 Plea Agreement
                      PLEA AGREEMENT as to William F Erno III (wjf)
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                        Legal Document (Payment Possibly Required) 10 Filed: 10/22/2004, Entered: 10/22/2004 Notice of Hearing.
                        NOTICE OF HEARING ; in-court competency hearing set for 11:00 11/22/04 in Brattleboro for William F Erno III Cy to affected parties, USPO (wjf)
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                          Legal Document (Payment Possibly Required) 9 Filed: 8/11/2004, Entered: 8/11/2004 Indictment
                          SUPERSEDING INDICTMENT by USA; counts filed against William F Erno (1) count(s) 1s-4s, 5s-6s, 7s, 8s, 9s; Cy to counsel, USPO (law)
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                            Legal Document (Payment Possibly Required) 8 Filed: 7/26/2004, Entered: 7/27/2004 OrderCourt Filing
                            ORDER by District Judge J. G. Murtha granting [7-1] motion for Determination of Competency examination ordered for William F Erno III excludable ends of justice , time excluded from July 26, 2004 to until date of competency hearing (cc: all counsel) (cab)
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                              Legal Document (Payment Possibly Required) 7 Filed: 7/21/2004, Entered: 7/22/2004, Terminated: 7/26/2004 Motion for Psychiatric Exam
                              UNOPPOSED MOTION for Determination of Competency by William F Erno III (law)
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                                Legal Document (Payment Possibly Required) 6 Filed: 6/14/2004, Entered: 6/15/2004 Warrant Returned Executed
                                ARREST WARRANT RETURNED EXECUTED as to defendant William F Erno III ; defendant arrested on 6/8/04 (cls)
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                                  Legal Document (Payment Possibly Required) 5 Filed: 6/8/2004, Entered: 6/8/2004 Order of DetentionCourt Filing
                                  ORDER OF DETENTION by District Judge J. G. Murtha as to William F Erno III cc: all counsel, USPO, USM (cab)
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                                    Legal Document (Payment Possibly Required) 4 Filed: 6/8/2004, Entered: 6/8/2004 Pretrial Scheduling OrderCourt Filing
                                    CRIMINAL PRETRIAL ORDER setting Motion Filing deadline for 9/8/04 for William F Erno III , ( District Judge J. G. Murtha ) (cc: all counsel) (cab)
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                                      Blank -- Filed: 6/8/2004, Entered: 6/8/2004 Minutes-Miscellaneous
                                      MINUTES: In Court before District Judge J. G. Murtha (Ct Rptr: Anne Coughlin). E. Woodcock, AUSA, for the govt via video conferencing. E. Mann, Esq., with deft for ARRAIGNMENT. William Erno, sworn by the Clerk, was examined by the Court. Deft waived reading of the Indictment, was arraigned and pled not guilty as to cts 1-6 of the Indictment. ORDERED: Motions due 9/8/04. Deft remanded to custody of USM. arraignment held on 6/8/04 ; pretrial motions due 9/8/04 for William F Erno III , initial appearance of William F Erno III Attorney Elizabeth D. Mann present; as to William F Erno III , dft William F Erno III arraigned; not guilty cts 1-6 plea entered; ; excludable ends of justice , time excluded from June 8, 2004 to September 8, 2004 (cab)
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                                        Legal Document (Payment Possibly Required) 3 Filed: 5/27/2004, Entered: 5/27/2004 Notice of Hearing.
                                        NOTICE OF HEARING ; arraignment set for 11:30 6/8/04 in Brattleboro for William F Erno III Cy to affected parties, USPO (amn)
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                                          Legal Document (Payment Possibly Required) 2 Filed: 5/27/2004, Entered: 5/27/2004 Order Appointing Public Defender
                                          ORDER OF APPOINTMENT as to William F Erno III Attorney FPD (amn)
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                                            Blank -- Filed: 5/27/2004, Entered: 5/27/2004 Writ of Habeas Corpus ad Testificandum Issued
                                            WRIT OF Habeas Corpus Ad Prosequendum ISSUED as to William F Erno III for appearance on 06/08/04 in Brattleboro. (amn)
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                                              Blank -- Filed: 5/25/2004, Entered: 5/25/2004 Application for Writ of Habeas Corpus ad Testifica
                                              RECEIVED APPLICATION for writ of habeas corpus ad prosequendum by plaintiff USA for appearance on 06/08/04 by defendant William F Erno III (amn)
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                                                Legal Document (Payment Possibly Required) 1 Filed: 4/21/2004, Entered: 4/21/2004 Indictment
                                                INDICTMENT by USA Counts filed against William F Erno (1) count(s) 1-4, 5-6 Cy to USA and USPO. (wjf)
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                                                  Blank -- Filed: 4/21/2004, Entered: 4/21/2004 File Transferred
                                                  File sent to Brattleboro as to defendant William F Erno III (wjf)
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                                                    Blank -- Filed: 4/21/2004, Entered: 4/21/2004 Warrant Issued
                                                    ARREST WARRANT ISSUED for William F Erno III (wjf)
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