United States v. Herbin
Criminal Case Vermont District Court, Case No. 1:04-cr-00093-wks

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Last Updated January 14, 2019 at 4:22 PM ST (2.8 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

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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 Michael P. Drescher, AUSA +1 802 951 6725 michael.drescher@usdoj.gov
v.
No Logo Shannon Smith, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Bradley S. Stetler, Esq. +1 802 660 8646 +1 802 863 6803 stetlerlaw@aol.com

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 7/1/2004
County Chittenden
Terminated
Reopened
Other Court Case None
Count 1
Citation Section 21 U.S.C. § 846=ND.F
Offense Level 4
21846, 841(b)(1)(A)=ND.F CONSPIRACY TO DISTRIBUTE NARCOTICS - conspired to possess with intent to distribute cocaine base
Count 4
Citation Section 21 U.S.C. § 841A=ND.F
Offense Level 4
21841(a)(1)=ND.F NARCOTICS - SELL, DISTRIBUTE, OR DISPENSE - possessed cocaine base with intent to distribute
Count 5
Citation Section 18 U.S.C. § 1001.F
Offense Level 4
181001.F STATEMENTS OR ENTRIES GENERALLY - falsely identified himself as "Joey Hernandez" to DEA
Count 1s
Citation Section 21 U.S.C. § 846=ND.F
Offense Level 4
21846, 841(b)(1)(A) CONSPIRACY TO DISTRIBUTE NARCOTICS - conspiracy to possess cocaine base with intent to distribute
Count 2s
Citation Section 21 U.S.C. § 856=NM.F
Offense Level 4
21856(a)(1) NARCOTICS - MANUFACTURE - maintained 12 Baker Street, Building 3, Apt 4, Essex, Vermont for the purpose of distributing cocaine base
Count 4s
Citation Section 21 U.S.C. § 841A=ND.F
Offense Level 4
21841(a)(1) NARCOTICS - SELL, DISTRIBUTE, OR DISPENSE - possessed cocaine base with intent to distribute
Count 5s
Citation Section 18 U.S.C. § 1001.F
Offense Level 4
181001 STATEMENTS OR ENTRIES GENERALLY - falsely identified himself as "Joey Hernandez" to DEA
Count 1ss
Citation Section 21 U.S.C. § 846=ND.F
Offense Level 4
21846, 841(b)(a)(A) CONSPIRACY TO DISTRIBUTE NARCOTICS - conspiracy to possess cocaine with intent to distribute
Count 2ss
Citation Section 21 U.S.C. § 856=NM.F
Offense Level 4
21856(a)(1); 182 NARCOTICS - MANUFACTURE - maintained 12 Baker Street, Bldg. 3, Apt. 4, Essex, VT for the purpose of distributing cocaine
Count 3ss
Citation Section 21 U.S.C. § 856=NM.F
Offense Level 4
21856(a)(2); 182 NARCOTICS - MANUFACTURE - managed or controlled a room at 12 Baker Street, Bldg. 3, Apt. 4, Essex, VT for soring cocaine
Count 4ss
Citation Section 21 U.S.C. § 841A=ND.F
Offense Level 4
21841(a)(1); 182 NARCOTICS - SELL, DISTRIBUTE, OR DISPENSE - possessed cocaine with intent to distribute
Count 5ss
Citation Section 18 U.S.C. § 1001.F
Offense Level 4
181001 STATEMENTS OR ENTRIES GENERALLY - falsely identified himself to DEA
Count 6ss
Citation Section 18 U.S.C. § 922G.F
Offense Level 4
18922(g)(1) UNLAWFUL TRANSPORT OF FIREARMS, ETC. - felon in possession of firearm
Count 8ss
Citation Section 18 U.S.C. § 924C.F
Offense Level 4
18924(c), 2 VIOLENT CRIME/DRUGS/MACHINE GUN - possessed firearm in furtherance of drug trafficking
Def Custody Status Custody This Court
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Legal Document (Payment Possibly Required) 337 Filed: 3/29/2011, Entered: None Unknown Document TypeCourt Filing
OPINION AND ORDER: denying 334 Motion to Vacate (2255) as to Shannon Smith (2). Signed by Senior Judge J. Garvan Murtha on 3/29/2011. (wjf)
    Request RequestSpace LREF
    Legal Document 300 Filed: 5/14/2008, Entered: 5/14/2008 Notice of Hearing.Court Filing
    NOTICE OF HEARING as to Shannon Smith:Resentencing set for 10/29/2008 at 11:00 AM in Rutland Courtroom before Judge J. Garvan Murtha.(kak)
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      Legal Document 299 Filed: 5/14/2008, Entered: 5/14/2008 OrderCourt Filing
      ORDER to USM to have Deft Shannon Smith present for Resentencing set for 10/29/2008 at 11:00 AM in Rutland Courtroom before Judge J. Garvan Murtha Signed by Judge J. Garvan Murtha on 05/14/2008. (wjf)
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        Blank 295 Filed: 3/7/2008, Entered: 3/7/2008 Order on Motion to ContinueCourt Filing
        ORDER granting [293] Motion to Continue as to Samuel Herbin (1). Sentencing hearing now scheduled for Monday, March 17, 2008 at 9:30 a.m. has been rescheduled for Tuesday, April 22, 2008 at 1:30 p.m. Signed by Judge William K. Sessions III on 03/07/08. (This is a text only Order.) (eae) (Text clarified 3/10/2008)(jmm)
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          Blank -- Filed: 3/3/2008, Entered: 3/3/2008 Add and Terminate Attorneys
          Attorney update in case as to Shannon Smith, Samuel Herbin. Attorney Paul J. Van de Graaf terminated. Pursuant to Karen @ USAO. (law)
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            Legal Document 292 Filed: 2/5/2008, Entered: 2/5/2008 USCA Mandate
            MANDATE of USCA Circuit No. 06-2815-cr as to Shannon Smith re [199] Notice of Appeal. It is hereby ORDERED that the judgment of conviction is AFFIRMED, but the case is REMANDED for resentencing in accordance with the Supreme Court's recent decisions, Kimbrough v. USA and Gall v. USA. (gmg)
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              Blank -- Filed: 2/5/2008, Entered: 2/5/2008 Case Reopened
              Case reopened as to Shannon Smith pursuant to [292]. (law)
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                Blank -- Filed: 4/26/2007, Entered: 4/26/2007 Receipt for Payment (SA/fine/rest/bail)
                RECEIPT FOR PAYMENT as to Shannon Smith. Payment of Special Assessment in the amount of $100.00, receipt # 04474. (kac)
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                  Blank -- Filed: 3/28/2007, Entered: 3/30/2007 Receipt for Payment (SA/fine/rest/bail)
                  RECEIPT FOR PAYMENT as to Shannon Smith. Payment of Special Assessment in the amount of $100.00, receipt # 4359. (jlh)
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                    Blank -- Filed: 2/23/2007, Entered: 2/23/2007 Receipt for Payment (SA/fine/rest/bail)
                    RECEIPT FOR PAYMENT as to Shannon Smith. Payment of Special Assessment in the amount of $100.00, receipt # 04229. (kac)
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                      Blank -- Filed: 1/22/2007, Entered: 1/22/2007 Receipt for Payment (SA/fine/rest/bail)
                      RECEIPT FOR PAYMENT as to Shannon Smith. Payment of Special Assessment in the amount of $100.00, receipt # 04097. (jlh)
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                        Legal Document 259 Filed: 12/21/2006, Entered: 12/21/2006 Jury Verdict
                        JURY VERDICT as to Samuel Herbin (1), Guilty on Counts 1ssss,2ssss,3ssss,4ssss,5ssss. (jse)
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                          Legal Document 253 Filed: 12/20/2006, Entered: 12/20/2006 Letter
                          LETTER filed by United States of America as to Shannon Smith Record on Appeal Circuit No. 06-2815. J. Conroy requests docket entries for co-deft Robert Sasso in 04-CR-93-3 be made part of record on appeal. Sent cert d/s to Circuit case manager M. Roker. (gmg)
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                            Legal Document 252 Filed: 12/20/2006, Entered: 12/20/2006 Letter
                            LETTER filed by United States of America as to Shannon Smith Record on Appeal Circuit No. 06-2815. J. Conroy requests preliminary proceedings in 2:04-m-26-1 be made part of record on appeal. Sent cert. d/s to Circuit case manager M. Roker. (gmg)
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                              Legal Document 249 Filed: 12/18/2006, Entered: 12/18/2006 Supplemental Record Sent USCA
                              TRANSMITTED Supplemental Record on Appeal as to Shannon Smith re [199] Notice of Appeal. Sent via UPS to the attention of Michelle Roker additional transcripts at request of J. Conroy, AUSA. (gmg)
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                                Blank 248 Filed: 12/18/2006, Entered: 12/18/2006 Transcript -AppealCourt Filing
                                TRANSCRIPT of Arraignment filed as to Shannon Smith for dates of 1/31/2005 before Judge Niedermeier, re [199] Notice of Appeal. Court Reporter: Taped. Sent via UPS to U.S. Court of Appeals as per J. Conroy, AUSA. (gmg)
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                                  Legal Document 220 Filed: 9/26/2006, Entered: 9/26/2006 Appeal Record Sent to USCA
                                  APPEAL RECORD as to Shannon Smith Sent to USCA. Circuit No. 06-2815-cr Indexed record on Appeal Files for [199] Notice of Appeal were transmitted to the U.S. Court of Appeals at request of Michelle Roker (including transcripts). (gmg) Modified on 11/27/2006 (jmm).
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                                    Legal Document 216 Filed: 9/19/2006, Entered: 9/20/2006 Notice of Attorney Substitution
                                    NOTICE OF APPEARANCE as to Shannon Smith, Samuel Herbin. Attorney Michael P. Drescher for United States of America, Paul J. Van de Graaf for United States of America added. Attorney John M. Conroy terminated. (law)
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                                      Legal Document 213 Filed: 8/31/2006, Entered: 8/31/2006 USCA Scheduling Order
                                      USCA Scheduling Order #2 as to [199] Notice of Appeal - Final Judgment filed by Shannon Smith, Case No. 06-2815-cr; Record electronically transmitted to Circuit 06/29/06 Doc. [207]. (gmg)
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                                        Legal Document 211 Filed: 7/17/2006, Entered: 7/18/2006 USCA Scheduling Order
                                        USCA Scheduling Order as to [199] Notice of Appeal - Final Judgment filed by Shannon Smith, Case No. 06-2815; Index to Record due 07/17/06. (jse, )
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                                          Blank 209 Filed: 7/12/2006, Entered: 7/12/2006 Transcript -AppealCourt Filing
                                          TRANSCRIPT filed as to Shannon Smith, Samuel Herbin for dates of January 12, 2006 before Judge Honorable J. Garvan Murtha, re [199] Notice of Appeal - Final Judgment Court Reporter: Anne Marie Coughlin. (law)
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                                            Blank 208 Filed: 7/12/2006, Entered: 7/12/2006 Transcript -AppealCourt Filing
                                            TRANSCRIPT filed as to Shannon Smith for dates of June 7, 2006 before Judge Honorable J. Garvan Murtha, re [199] Notice of Appeal - Final Judgment Court Reporter: Anne Marie Coughlin. (law)
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                                              Legal Document 207 Filed: 6/29/2006, Entered: 6/29/2006 Appeal Record Sent to USCA
                                              APPEAL RECORD as to Shannon Smith Sent to USCA (Electronic File) Circuit No. 06-2815-cr. Indexed record on Appeal Files for [199] Notice of Appeal - Final Judgment, were transmitted to the U.S. Court of Appeals. (gmg, )
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                                                Legal Document 206 Filed: 6/28/2006, Entered: 6/28/2006 USCA Form A
                                                USCA FORM A as to Shannon Smith re: [199] Notice of Appeal - Final Judgment. (gmg, )
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                                                  Legal Document 203 Filed: 6/14/2006, Entered: 6/15/2006 Writ of Habeas Corpus ad Prosequendum Executed
                                                  WRIT OF HABEAS CORPUS ad Prosequendum Returned Executed as to Shannon Smith on 6/7/2006. (kak, )
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                                                    Legal Document 199 Filed: 6/14/2006, Entered: 6/14/2006, Terminated: 2/5/2008 Notice of Appeal -Final Judgment
                                                    NOTICE OF APPEAL by Shannon Smith re [198] Judgment. Fee Status: CJA. Court Reporters: Coughlin; Nichols. (gmg, )
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                                                      Legal Document 198 Filed: 6/7/2006, Entered: 6/7/2006 Judgment*
                                                      JUDGMENT as to Shannon Smith (2),Counts 1ss, 2ss, and 4ss term of imprisonment of 188 months, count 5ss term of imprisonment of 60 months and count 6ss term of imprisonment of 120 months to be served concurrently with each other, and to be followed by 5 years of S/R with special conditions, including: not possess a firearm or other dangerous weapon, participate in substance abuse and mental health programs as approved by USPO and cooperate in the collection of DNA. Court recommends to BOP that dft be designated to FCI Otisville and be allowed to participate in 500-hour program and any early release programs available. Fines wvd; $500 S/A due immediately
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                                                        Blank 197 Filed: 6/7/2006, Entered: 6/7/2006 SentencingCourt Filing
                                                        MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Sentencing hearing as to Shannon Smith (2) held on 6/7/2006. Dft present w/counsel Bradley Stetler, Esq. AUSA John Conroy present for govt. Statements by counsel re: dft request for non-guideline sentence. Statement by dft prior to imposition of sentence. Court makes findings. ORDERED: Court finds dft has 6 criminal history points which places him in category III. Dft request for non-guideline sentence DENIED. SENTENCE: Counts 1ss, 2ss, and 4ss term of imprisonment of 188 months, count 5ss term of imprisonment of 60 months and count 6ss term of imprisonment of 120 months, to be served concurrently with each other, and to be followed by 5 years of S/R with special conditions, including: not possess a firearm or other dangerous weapon, participate in substance abuse and mental health programs as approved by USPO and cooperate in the collection of DNA. Court recommends to BOP that dft be designated to FCI Otisville and be allowed to participate in 500-hour program and any early release programs available. Fines wvd; $500 S/A due immediately. Dft notified of right to appeal. Dft remanded to custody of USM. (Court Reporter Coughlin) (kak)
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                                                          Blank 196 Filed: 6/6/2006, Entered: 6/6/2006 Order on Motion to ProduceCourt Filing
                                                          ORDER granting [195] Motion to Produce as to Shannon Smith (2). The U.S. Probation Office shall provide to defense counsel, counsel for the government and the Court a copy of the certificate of disposition and the arrest report pertaining to the PSR paragraph 93 criminal trespass disposition. Signed by Judge J. Garvan Murtha on 6/6/2006. (This is a text only Order.) (kbl, )
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                                                            Legal Document 195 Filed: 6/6/2006, Entered: 6/6/2006, Terminated: 6/6/2006 Motion to Produce
                                                            MOTION for Production of Documents by Shannon Smith. (kak, )
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                                                              Legal Document 194 Filed: 6/5/2006, Entered: 6/5/2006 Sentencing Memorandum
                                                              SUPPLEMENT TO SENTENCING MEMORANDUM by Shannon Smith. (kak, )
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                                                                Legal Document 193 Filed: 6/2/2006, Entered: 6/2/2006 Response
                                                                RESPONSE by United States of America as to Shannon Smith re: [191] Sentencing Memorandum filed by Shannon Smith. (kak, )
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                                                                  Legal Document 192 Filed: 5/31/2006, Entered: 6/1/2006 Sentencing Memorandum
                                                                  SENTENCING MEMORANDUM by United States of America as to Shannon Smith. (wjf, )
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                                                                    Legal Document 191 Filed: 5/31/2006, Entered: 5/31/2006 Sentencing Memorandum
                                                                    SENTENCING MEMORANDUM by Shannon Smith (Attachments: # (1) Exhibit A)(kak, )
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                                                                      Legal Document 188 Filed: 5/1/2006, Entered: 5/1/2006 Notice of Hearing.
                                                                      REVISED NOTICE OF HEARING as to Shannon Smith Sentencing reset for 6/7/2006 10:30 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cy to counsel and USPO.(wjf, )
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                                                                        Blank 187 Filed: 3/20/2006, Entered: 3/20/2006 Docket Annotation
                                                                        As per [186] Order, recording of the event that occurred on 1/17/2006 involving dft Samuel Herbin and his counsel has been received from the USMS. The Clerk's Office has made the CD-ROM part of the record and will be retained by the Clerk's Office, Burlington for safekeeping. (jse, )
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                                                                          Blank 186 Filed: 3/15/2006, Entered: 3/15/2006 Order on Motion to ProduceCourt Filing
                                                                          ORDER granting [178] Motion to Produce as to Shannon Smith (2). The Dep't of Justice (USMS or FBI) shall deliver to the Clerk's Office a videocassette recording of the event that occurred on 1/17/2006 involving dft Samuel Herbin and his counsel. The Clerk shall make the videocassette part of the record and retain it for safekeeping. Signed by Judge J. Garvan Murtha on 3/15/2006. (This is a text only Order.) (kbl, )
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                                                                            Legal Document 185 Filed: 3/14/2006, Entered: 3/14/2006 Order on Motion for New TrialCourt Filing
                                                                            RULINGdenying [181] Motion for New Trial as to Shannon Smith (2) Signed by Judge J. Garvan Murtha on 3/14/2006. Cy to counsel and USPO. (wjf, )
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                                                                              Legal Document 182 Filed: 3/8/2006, Entered: 3/9/2006 Response in Opposition to Motion
                                                                              RESPONSE in Opposition by United States of America as to Shannon Smith re [181] MOTION for New Trial. (Attachments: # (1) Exhibit)(wjf, )
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                                                                                Legal Document 181 Filed: 2/24/2006, Entered: 2/24/2006, Terminated: 3/14/2006 Motion for New Trial
                                                                                MOTION for New Trial by Shannon Smith. (kak, )
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                                                                                  Legal Document 178 Filed: 2/6/2006, Entered: 2/6/2006, Terminated: 3/15/2006 Motion to Produce
                                                                                  MOTION to Produce Courtroom Recording and make it part of the record by Shannon Smith. (wjf, )
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                                                                                    Legal Document 174 Filed: 1/23/2006, Entered: 1/23/2006 Notice of Hearing.
                                                                                    NOTICE OF HEARING as to Shannon Smith Sentencing set for 5/17/2006 10:00 AM in Rutland Courtroom before Hon. J. Garvan Murtha. Cy to counsel and USPO.(wjf, )
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                                                                                      Legal Document 173 Filed: 1/23/2006, Entered: 1/23/2006 Scheduling OrderCourt Filing
                                                                                      PROCEDURAL AND SCHEDULING ORDER as to Shannon Smith Sentencing set for 5/17/2006 10:00 AM in Rutland Courtroom before Hon. J. Garvan Murtha. Signed by Judge J. Garvan Murtha on 1/23/2006. Cy to counsel and USPO. (wjf, )
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                                                                                        Legal Document (Payment Possibly Required) 172 Filed: 1/19/2006, Entered: 1/20/2006 Jury Notes
                                                                                        Jury Notes as to Shannon Smith. Document is sealed. (kak, )
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                                                                                          Legal Document 171 Filed: 1/19/2006, Entered: 1/20/2006 Jury Verdict
                                                                                          JURY VERDICT FORM as to Shannon Smith (2) Guilty on Counts 1ss, 2ss, 4ss, 5ss, 6ss. Shannon Smith (2) Not Guilty on Count 8ss. (kak, )
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                                                                                            Legal Document 170 Filed: 1/19/2006, Entered: 1/20/2006 Exhibit
                                                                                            EXHIBIT LIST by United States of America as to Shannon Smith (kak, )
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                                                                                              Legal Document 169 Filed: 1/19/2006, Entered: 1/20/2006 Exhibit
                                                                                              Defendant's EXHIBIT LIST by Shannon Smith (kak, )
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                                                                                                Legal Document (Payment Possibly Required) 168 Filed: 1/19/2006, Entered: 1/20/2006 Witness List
                                                                                                WITNESS LIST by United States of America as to Shannon Smith Document is sealed. (kak, )
                                                                                                  Request RequestSpace LREF
                                                                                                  Blank 167 Filed: 1/19/2006, Entered: 1/20/2006 Jury TrialCourt Filing
                                                                                                  MINUTE ENTRY for proceedings before Judge J. Garvan Murtha; Day Five of Jury Trial as to Shannon Smith (2) held on 1/19/2006. Dft present w/counsel Bradley Stetler, Esq. AUSAs John Conroy and William Darrow present for govt. In open court - jury present. Closing arguments by counsel. Court delivers charge to jury. Alternate juror selected and dismissed. Security officers sworn. Court appoints foreperson. At 12:20 p.m., jury excused to begin deliberations. Jury returns with verdict at 4:30 p.m. Dft found guilty as to Counts 1ss, 2ss, 4ss, 5ss, and 6ss. Dft found not guilty on count 8ss. Dft waives polling of jurors. Jury excused. Post-trial motions due 2/24/2006. Sentencing set for 5/17/2006 at 10:00 a.m. in Rutland. Dft remains detained pending sentencing. (Court Reporter Coughlin) (kak)
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                                                                                                    Blank 164 Filed: 1/18/2006, Entered: 1/19/2006 Jury TrialCourt Filing
                                                                                                    MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha: Day Four of Jury Trial as to Shannon Smith (2) held on 1/18/2006. Dft present w/counsel Bradley Stetler, Esq. AUSAs John Conroy and William Darrow present for govt. Chambers conference held. In open court - jury present. The following witnesses were examined for the govt: Joanne McCabe-Morris, Bob Gorry, Mike Warren, Jasmine Pecor and Stephen Ehrnman. Govt rests. Dft rests. At 1:30 p.m. jury excused to return at 9:30 a.m. on 1/19/2006. Chambers conference held; counsel for dft moves for judgment of acquittal on each count; motions DENIED. Charge conference held. (Court Reporter Coughlin) (kak)
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                                                                                                      Legal Document 162 Filed: 1/18/2006, Entered: 1/18/2006 Proposed Jury Instructions
                                                                                                      ADDITIONAL Proposed Jury Instructions by United States of America as to Shannon Smith (wjf, )
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                                                                                                        Blank 163 Filed: 1/17/2006, Entered: 1/18/2006 Jury TrialCourt Filing
                                                                                                        MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha; Day Three of Jury Trial as to Samuel Herbin (1) and Shannon Smith (2) held on 1/17/2006. Dfts present w/counsel Christopher Davis, Esq. and Bradley Stetler, Esq. AUSAs John Conroy and William Darrow present for govt. Chambers conference held. In open court - jury present. The following witnesses, sworn by the clerk, were examined for the govt: Daniel Merchand, Joe Gaines, John Yustin, Bonnie Degan. Chambers conference held. Counsel for dft Herbin moved for mistrial and to withdraw as counsel. Counsel for dft Smith moved for mistrial. In open court - jurors present. Jury excused for noon break to return at 1:15 p.m. Chambers conference held. In open court - jurors not present. ORDERED: Atty. Davis' motions to withdraw as counsel and for mistrial as to dft Samuel Herbin GRANTED. FURTHER ORDERED: Dft Herbin to be removed from courthouse and detained in separate facility from co-dft Smith. In open court, jury present. Court voir dire of jurors re: effect of Samuel Herbin's conduct on ability to continue trial as to dft Smith. Jury excused. ORDERED: Dft Smith's motion for mistrial DENIED, trial to continue as to Shannon Smith (2). In open court - jury present. The following witnesses, sworn by the clerk, were examined for the govt: Rachael Earley, Jacob Griffin, Scott Murray, Becky Demo and Richard Carter. At 4:30 p.m. jury excused to return at 10:00 a.m. on 1/18/2006 for continuation of trial. (Court Reporter Dothan) (kak).
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                                                                                                          Legal Document 161 Filed: 1/17/2006, Entered: 1/17/2006 Proposed Voir Dire
                                                                                                          Proposed Jury Voir Dire by Shannon Smith. (wjf, )
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                                                                                                            Legal Document 160 Filed: 1/17/2006, Entered: 1/17/2006 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                            ORDER granting [158] Motion for Order to Compel Testimony of Rachael Earley as to Samuel Herbin (1), Shannon Smith (2) Signed by Judge J. Garvan Murtha on 1/17/2006. Cys to counsel. (kak, )
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                                                                                                              Legal Document 159 Filed: 1/17/2006, Entered: 1/17/2006 Trial Memorandum
                                                                                                              TRIAL MEMORANDUM Regarding Disguised Handwriting by United States of America as to Shannon Smith, Samuel Herbin (Attachments: # (1) attachment 1# (2) attachment 2# (3) attachment 3# (4) attachment 4)(kak, )
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                                                                                                                Legal Document 158 Filed: 1/17/2006, Entered: 1/17/2006, Terminated: 1/17/2006 Motion for Miscellaneous Relief
                                                                                                                MOTION for Order Compelling Testimony of Rachael Early Pursuant to Title 18 USC sec 6003 by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) letter# (2) Text of Proposed Order)(kak, )
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                                                                                                                  Blank 157 Filed: 1/13/2006, Entered: 1/17/2006 Jury TrialCourt Filing
                                                                                                                  MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha; Day Two of Jury Trial as to Samuel Herbin (1) and Shannon Smith (2) held on 1/13/2006. Dfts present w/counsel Christopher Davis, Esq. and Bradley Stetler, Esq. AUSAs John Conroy and William Darrow present for govt. In open court - jury present. The following witnesses, sworn by the clerk, were examined for the govt: Jamie Luysterborghs, Camille Colon, Amanda Kennedy, William Carpenter, Joseph Handy, Helen Laramie, Garfield Richards and Shawn Demore. At 4:45 p.m. jury excused to return at 9:30 a.m. on 1/17/2006 for continuation of trial. (Court Reporter Coughlin) (kak).
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                                                                                                                    Legal Document 156 Filed: 1/13/2006, Entered: 1/13/2006 Proposed Jury Instructions
                                                                                                                    Proposed Jury Instructions by Shannon Smith. (wjf, )
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                                                                                                                      Legal Document 154 Filed: 1/13/2006, Entered: 1/13/2006 Proposed Jury Instructions
                                                                                                                      Proposed Jury Verdict Form by United States of America as to Shannon Smith, Samuel Herbin (wjf, )
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                                                                                                                        Blank 155 Filed: 1/12/2006, Entered: 1/13/2006 Jury TrialCourt Filing
                                                                                                                        MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha; Day One of Jury Trial as to Samuel Herbin (1) and Shannon Smith (2) held on 1/12/2006. Dfts present w/counsel Christopher Davis, Esq. and Bradley Stetler, Esq. AUSAs John Conroy and William Darrow present for govt. In open court - jury present. Clerk administers oath to jury. Court gives preliminary instructions to jury. Opening statements by counsel. The following witnesses, sworn by the clerk, were examined for the govt: Robert Estes, Ed Piro, John Ruttenberg, Robin Hollowedell, Gary Taylor, Cindy Novello-Vitale, Joseph Steel and Emmy Little. At 4:30 p.m. jury excused to return at 9:30 a.m. on 1/13/2006 for continuation of trial. (Court Reporter Coughlin) (kak).
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                                                                                                                          Blank 153 Filed: 1/11/2006, Entered: 1/12/2006 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                          ORDER denying [126] Motion in Limine as to Shannon Smith (2); granting in part and denying in part [146] Motion in Limine as to Shannon Smith (2), for the reasons stated on the record during the chambers conference held on 1/11/2006. Signed by Judge J. Garvan Murtha on 1/12/2006. (This is a text only Order.) (kbl, )
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                                                                                                                            Blank 152 Filed: 1/11/2006, Entered: 1/12/2006 Detention Hearing - Material WitnessCourt Filing
                                                                                                                            MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha; Hearing on Detention of Material Witness, Jamie Luysterborghs, held on 1/11/2006. Witness present w/counsel Barry Griffith, Esq. AUSA John Conroy present for govt. Statements from counsel. ORDERED: Witness to be detained until trial testimony completed. (Court Reporter Coughlin) (kak)
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                                                                                                                              Blank 151 Filed: 1/11/2006, Entered: 1/11/2006 Jury SelectionCourt Filing
                                                                                                                              MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha; Jury Selection and Voir Dire begun as to Samuel Herbin (1) and Shannon Smith (2) held on 1/11/2006. Dft Samuel Herbin (1) present w/counsel Christopher Davis, Esq. Dft Shannon Smith (2) present w/counsel Bradley Stetler, Esq. AUSAs John Conroy and William Darrow present for govt. Chambers conference held with counsel. In open court: Voir Dire conducted and a jury of 14 people selected. Jury excused to return at 9:30 AM on Thurs. 1/12/2006 for the commencement of trial. (Court Reporter Coughlin) (kak)
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                                                                                                                                Legal Document 150 Filed: 1/11/2006, Entered: 1/11/2006 Order on Motion to CompelCourt Filing
                                                                                                                                ORDER granting [145] Motion for Order Compelling Testimony of Amanda Kennedy pursuant to 18 U.S.C. Sec. 6003 as to Samuel Herbin (1), Shannon Smith (2) Signed by Judge J. Garvan Murtha on 1/11/2006. Cy to counsel. (wjf, )
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                                                                                                                                  Legal Document 149 Filed: 1/11/2006, Entered: 1/11/2006 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                  ORDER granting [132] Motion Temporary Transfer of Custody of Jacob Griffin as to Samuel Herbin (1), Shannon Smith (2) Signed by Judge J. Garvan Murtha on 1/11/2006. Cy to counsel and USM. (wjf, )
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                                                                                                                                    Blank 148 Filed: 1/11/2006, Entered: 1/11/2006 Order on Motion in LimineCourt Filing
                                                                                                                                    ORDER finding as moot paragraphs 1 & 2, and denying paragraph 3 of [144] Motion in Limine, as to Shannon Smith (2), for the reasons stated on the record during the chambers conference held on 1/11/2006. Signed by Judge J. Garvan Murtha on 1/11/2006. (This is a text only Order.) (kbl, )
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                                                                                                                                      Legal Document 147 Filed: 1/11/2006, Entered: 1/11/2006 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                      ORDER granting [133] Motion Temporary Transfer of Custody of witness Becky Demo Bessette as to Samuel Herbin (1), Shannon Smith (2) Signed by Judge J. Garvan Murtha on 1/11/2006. Cy to counsel and USM. (wjf, ) Modified on 1/12/2006 (jse, ).
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                                                                                                                                        Legal Document 145 Filed: 1/11/2006, Entered: 1/11/2006, Terminated: 1/11/2006 Motion to Compel
                                                                                                                                        MOTION for Order Compelling Testimony of Amanda Kennedy pursuant to 18 U.S.C. 6003 by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) Text of Proposed Order)(wjf, )
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                                                                                                                                          Legal Document 144 Filed: 1/11/2006, Entered: 1/11/2006, Terminated: 1/11/2006 Motion in Limine
                                                                                                                                          MOTION in Limine to Exclude the Evidence from Trial by Shannon Smith. (law)
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                                                                                                                                            Legal Document 143 Filed: 1/11/2006, Entered: 1/11/2006 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                            ORDER granting [136] Motion For Order Compelling Testimony of Jacob Griffin pursuant to Title 18 USC sec 6003 as to Samuel Herbin (1), Shannon Smith (2) Signed by Judge J. Garvan Murtha on 1/11/2006. Cys to counsel. (kak, )
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                                                                                                                                              Legal Document 142 Filed: 1/11/2006, Entered: 1/11/2006 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                              ORDER granting [131] Motion For Order Compelling Testimony of Emmy Lou Little Pursuant to Title 18 sec. 6003 as to Samuel Herbin (1), Shannon Smith (2) Signed by Judge J. Garvan Murtha on 1/11/2006. (kak, )
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                                                                                                                                                Legal Document 141 Filed: 1/11/2006, Entered: 1/11/2006 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                ORDER granting [140] Motion for Order to Compel Testimony of Becky Demo Bessette as to Samuel Herbin (1), Shannon Smith (2) Signed by Judge J. Garvan Murtha on 1/11/2006. Cys to counsel. (kak, )
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                                                                                                                                                  Legal Document 140 Filed: 1/11/2006, Entered: 1/11/2006, Terminated: 1/11/2006 Motion for Miscellaneous Relief
                                                                                                                                                  Request for Order to Compel Testimony of Becky Demo Bessette by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) Exhibit # (2) Text of Proposed Order)(kak, )
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                                                                                                                                                    Blank -- Filed: 1/11/2006, Entered: 1/11/2006 Writ of Habeas Corpus ad Testificandum Issued
                                                                                                                                                    Writ of Habeas Corpus ad Testificandum Issued to USM as to Becky Demo Bessette for 1/17/06 in case as to dfts Shannon Smith, Samuel Herbin (kac, )
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                                                                                                                                                      Blank -- Filed: 1/11/2006, Entered: 1/11/2006 Writ of Habeas Corpus ad Testificandum Issued
                                                                                                                                                      Writ of Habeas Corpus ad Testificandum Issued as to Jacob Griffin for 1/17/06 in case as to dfts Shannon Smith, Samuel Herbin (kac, )
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                                                                                                                                                        Legal Document 138 Filed: 1/10/2006, Entered: 1/10/2006 Trial Memorandum
                                                                                                                                                        GOVERNMENT'S TRIAL BRIEF by United States of America as to dfts Shannon Smith, Samuel Herbin (kac, )
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                                                                                                                                                          Legal Document 137 Filed: 1/9/2006, Entered: 1/9/2006 Notice of Hearing.
                                                                                                                                                          NOTICE OF HEARING as to Shannon Smith, Samuel Herbin Hearing for Commitment to Another District re: Jamie Luysterborghs set for 1/11/2006 11:45 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cys to counsel, including Barry Griffith, Esq., USPO and Court Reporter.(kak, ) Modified on 1/10/2006 (jse, ).
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                                                                                                                                                            Legal Document 136 Filed: 1/9/2006, Entered: 1/9/2006, Terminated: 1/11/2006 Motion for Miscellaneous Relief
                                                                                                                                                            MOTION For Order Compelling Testimony Pursuant to Title 18 USC sec. 6003 of Jacob Griffin by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) Text of Proposed Order)(kak, ) Modified on 1/10/2006 (jse, ).
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                                                                                                                                                              Legal Document 133 Filed: 1/9/2006, Entered: 1/9/2006, Terminated: 1/11/2006 Motion for Miscellaneous Relief
                                                                                                                                                              MOTION For Temporary Transfer of Custody of Beck Demo Bessette by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) Text of Proposed Order)(kak, ) Modified on 1/10/2006 (jse, ).
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                                                                                                                                                                Legal Document 132 Filed: 1/9/2006, Entered: 1/9/2006, Terminated: 1/11/2006 Motion for Miscellaneous Relief
                                                                                                                                                                MOTION For Temporary Transfer of Custody of Jacob Griffin by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) Text of Proposed Order)(kak, ) Modified on 1/10/2006 (jse, ). Modified on 1/11/2006 (jse, ).
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                                                                                                                                                                  Legal Document 131 Filed: 1/9/2006, Entered: 1/9/2006, Terminated: 1/11/2006 Motion for Miscellaneous Relief
                                                                                                                                                                  MOTION For Order Compelling Testimony Pursuant to Title 18 sec. 6003 of Emmy Lou Little by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) Exhibit Letter of Alice S. Fisher# (2) Text of Proposed Order)(kak, ) Modified on 1/10/2006 (jse, ).
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 130 Filed: 1/6/2006, Entered: 1/6/2006 Request for Writ
                                                                                                                                                                    RECEIVED APPLICATION FOR WRIT of Habeas Corpus Ad Testificandum re: Becky Demo Bessette by United States of America as to Shannon Smith, Samuel Herbin. (kak) Modified on 1/6/2006 (admin).
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                                                                                                                                                                      Blank -- Filed: 1/6/2006, Entered: 1/6/2006 Request for Writ
                                                                                                                                                                      RECEIVED Application for Writ of Habeas Corpus Ad Testificandum re: Jacob Griffin by United States of America as to Shannon Smith, Samuel Herbin. (law)
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                                                                                                                                                                        Legal Document 129 Filed: 1/4/2006, Entered: 1/4/2006 Proposed Jury Instructions
                                                                                                                                                                        REQUEST for Jury Instructions by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) Main Document (Part 2 of 2))(law)
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                                                                                                                                                                          Legal Document 128 Filed: 1/4/2006, Entered: 1/4/2006 Order on Motion to CompelCourt Filing
                                                                                                                                                                          ORDER granting [122] Motion to Compel as to Samuel Herbin (1), Shannon Smith (2) Signed by Judge J. Garvan Murtha on 1/4/2006. Cys to counsel. (kak, )
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                                                                                                                                                                            Legal Document 127 Filed: 1/3/2006, Entered: 1/3/2006 Proposed Jury Instructions
                                                                                                                                                                            FIRST SET of Proposed Jury Instructions by Shannon Smith. (law)
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                                                                                                                                                                              Legal Document 126 Filed: 1/3/2006, Entered: 1/3/2006, Terminated: 1/11/2006 Motion for Miscellaneous Relief
                                                                                                                                                                              MOTION for Individual and Segregated Voir Dire on the Issue of Race by Shannon Smith. (law) Modified on 1/12/2006 (jse, ).
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                                                                                                                                                                                Legal Document 125 Filed: 1/3/2006, Entered: 1/3/2006 Proposed Voir Dire
                                                                                                                                                                                PROPOSED Voir Dire by Shannon Smith. (law)
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                                                                                                                                                                                  Legal Document 123 Filed: 1/3/2006, Entered: 1/3/2006 OrderCourt Filing
                                                                                                                                                                                  ORDER as to Shannon Smith, Samuel Herbin In Chambers Conference set for 1/11/2006 09:00 AM in Brattleboro Chambers before Hon. J. Garvan Murtha. Jury Draw set for 1/11/2006 01:00 PM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Counsel to file trial memos, requests for voir dire, and requests to charge on or before 1/4/2006. Counsel to inform Court of estimate of length of trial when filing above documents. Signed by Judge J. Garvan Murtha on 1/3/2006. Cys to counsel. (kak, )
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                                                                                                                                                                                    Legal Document 122 Filed: 1/3/2006, Entered: 1/3/2006, Terminated: 1/4/2006 Motion to Compel
                                                                                                                                                                                    REQUEST for Order Compelling Testimony Pursuant to 18:6003 (as to Jamie Luysterbourgh) by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) Exhibit # (2) Text of Proposed Order)(law)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 121 Filed: 12/29/2005, Entered: 12/29/2005 Writ of Habeas Corpus ad Testificandum Issued
                                                                                                                                                                                      Writ of Habeas Corpus ad Testificandum Issued as to Amanda Kennedy for 1/12/2006 in case as to Shannon Smith, Samuel Herbin. Cy to USMS for service. (kak, )
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                                                                                                                                                                                        Blank -- Filed: 12/28/2005, Entered: 12/28/2005 Docket Annotation
                                                                                                                                                                                        RECEIVED Application for Writ of Habeas Corpus Ad Testificandum re: Amanda Kennedy as to Shannon Smith, Samuel Herbin. (law)
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                                                                                                                                                                                          Legal Document 116 Filed: 12/13/2005, Entered: 12/13/2005 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                          ORDER granting [110] Motion Speedy Trial Act Exclusion as to Samuel Herbin (1), Shannon Smith (2). Excludable start 11/8/2005, ends 1/11/2006. Matter set as Number 1 case for jury drawing and trial on 1/11/2006. Signed by Judge J. Garvan Murtha on 12/12/2005. Cy to counsel and USPO. (wjf, )
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                                                                                                                                                                                            Legal Document 115 Filed: 12/7/2005, Entered: 12/7/2005 Trial Calendar
                                                                                                                                                                                            TRIAL CALENDAR as to Shannon Smith, Samuel Herbin Jury Draw set for 1/11/2006 01:00 PM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cy to counsel and USPO. (Attachments: # (1) Attachments) (wjf, )
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                                                                                                                                                                                              Blank 114 Filed: 11/29/2005, Entered: 11/29/2005 Order on Motion to ProduceCourt Filing
                                                                                                                                                                                              ORDER denying as moot [48] Motion to Produce as to Shannon Smith (2). See [59] Govt's Response to Defendant's Pretrial Motions at 1-2. Signed by Judge J. Garvan Murtha on 11/29/2005. (This is a text only Order.) (kbl, )
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                                                                                                                                                                                                Legal Document 113 Filed: 11/18/2005, Entered: 11/18/2005 Notice of Hearing.
                                                                                                                                                                                                NOTICE OF HEARING as to Shannon Smith, Samuel Herbin Jury Draw set for 1/11/2006 01:00 PM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cy to counsel and USPO.(wjf, ) Modified on 12/7/2005 (jse, ).
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                                                                                                                                                                                                  Legal Document 112 Filed: 11/18/2005, Entered: 11/18/2005 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                                  ORDER granting [97] Motion Special Trial Date and for Exclusion of Time as to Samuel Herbin (1), Shannon Smith (2). Jury Drawing is set for 1/11/2006 at 1:00 pm in Brattleboro. Excludable set starting 10/18/2005 and ending 1/11/2006. Signed by Judge J. Garvan Murtha on 11/18/2005. Cy to counsel. (wjf, )
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                                                                                                                                                                                                    Legal Document 110 Filed: 11/16/2005, Entered: 11/16/2005, Terminated: 12/13/2005 Motion for Miscellaneous Relief
                                                                                                                                                                                                    MOTION Speedy Trial Exclusion by United States of America as to Shannon Smith, Samuel Herbin. (Attachments: # (1) Text of Proposed Order)(kak, )
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                                                                                                                                                                                                      Legal Document 102 Filed: 11/2/2005, Entered: 11/2/2005 Order Reassigning CaseCourt Filing
                                                                                                                                                                                                      ORDER OF REASSIGNMENT reassigning case as to Shannon Smith, Samuel Herbin to Judge J. Garvan Murtha. Judge William K. Sessions, III no longer assigned to the case. Signed by Judge William K. Sessions III on 2nd day of November, 2005. (law)
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                                                                                                                                                                                                        Legal Document 100 Filed: 10/26/2005, Entered: 10/26/2005 Order on Motion to SuppressCourt Filing
                                                                                                                                                                                                        MEMORANDUM OPINION AND ORDER denying [51] Motion in Limine to Exclude From the Introduction Into Evidence as to Samuel Herbin (1); denying [52] Motion to Suppress Statements Prior to Issuance of Miranda Warnings as to Samuel Herbin (1); denying [53] Motion to Suppress Identification as to Samuel Herbin (1); denying [54] Motion to Suppress Evidence as to Samuel Herbin (1); denying [87] Motion to Dismiss as to Samuel Herbin (1); denying [47] Motion to Suppress Evidence and Statements as to Shannon Smith (2); denying [75] Motion to Dismiss for Speedy Trial as to Shannon Smith (2). Signed by Judge William K. Sessions III on 25th day of October, 2005. (law)
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                                                                                                                                                                                                          Legal Document 98 Filed: 10/24/2005, Entered: 10/24/2005 Response in Opposition to Motion
                                                                                                                                                                                                          OPPOSITION by Shannon Smith re [97] MOTION for Special Trial Date and Speedy Trial Exclusion. (law)
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                                                                                                                                                                                                            Legal Document 97 Filed: 10/18/2005, Entered: 10/18/2005, Terminated: 11/18/2005 Motion for Miscellaneous Relief
                                                                                                                                                                                                            MOTION for Special Trial Date and Speedy Trial Exclusion by United States of America as to Samuel Herbin, Shannon Smith. (Attachments: # (1) Text of Proposed Order)(law)
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                                                                                                                                                                                                              Blank -- Filed: 10/18/2005, Entered: 10/20/2005 set/reset motion and R&R; deadlines/hearings
                                                                                                                                                                                                              Set Deadlines re Motion in case as to Samuel Herbin, Shannon Smith [97] MOTION for Special Trial Date and Speedy Trial Exclusion. Responses due by 11/1/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jam, )
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                                                                                                                                                                                                                Blank -- Filed: 10/17/2005, Entered: 10/18/2005 set/reset motion and R&R; deadlines/hearings
                                                                                                                                                                                                                Set Deadlines re Motion in case as to Samuel Herbin, Shannon Smith, Robert Sasso [96] MOTION to Produce. Responses due by 10/31/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jam, )
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                                                                                                                                                                                                                  Blank 95 Filed: 9/27/2005, Entered: 9/27/2005 TranscriptCourt Filing
                                                                                                                                                                                                                  TRANSCRIPT of Motions Hearing as to Samuel Herbin, Shannon Smith held on September 9, 2005 before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
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                                                                                                                                                                                                                    Blank -- Filed: 9/12/2005, Entered: 9/12/2005 Set/Reset Deadlines:
                                                                                                                                                                                                                    Set Deadline as to Samuel Herbin, Shannon Smith: Post-Hearing Memos due by 9/26/2005. (jam, )
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                                                                                                                                                                                                                      Blank 92 Filed: 9/9/2005, Entered: 9/12/2005 Order on Motion to Suppress
                                                                                                                                                                                                                      ORAL ORDER AT 9/9/05 HEARING; taking under advisement [52] Motion to Suppress as to Samuel Herbin (1); [53] Motion to Suppress as to Samuel Herbin (1); [54] Motion to Suppress as to Samuel Herbin (1); [87] Motion to Dismiss as to Samuel Herbin (1); [47] Motion to Suppress as to Shannon Smith (2); [48] Motion to Produce as to Shannon Smith (2); [75] Motion to Dismiss for Speedy Trial as to Shannon Smith (2) (jam, )
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                                                                                                                                                                                                                        Blank 91 Filed: 9/9/2005, Entered: 9/12/2005 Motion HearingCourt Filing
                                                                                                                                                                                                                        MINUTE ENTRY for proceedings held before Judge William K. Sessions III:Continuation of Suppression Hearing as to Samuel Herbin, Shannon Smith held on 9/9/2005. Dfts present w/ counsel C. Davis & B. Stetler; J. Conroy present for govt. The following witnesses, sworn by clerk, were examined for govt: Camille Colon & Toby Byrd. Govt rests. Samuel Herbin, sworn by clerk, was examined for dft. Evidence closed. ORDERED: motions taken under advisement; supplemental filings due by 9/26/2005; time excluded until 10/26/05 under the speedy trial act to all for ruling on the pending motions. (Court Reporter Nichols.) (jam, ) Modified on 9/12/2005 (jse, ).
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 90 Filed: 9/9/2005, Entered: 9/12/2005 Witness List
                                                                                                                                                                                                                          EXHIBIT AND WITNESS LIST from suppression hearing held on 8/17/05 and 9/9/05.(jam, )
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                                                                                                                                                                                                                            Legal Document 89 Filed: 8/31/2005, Entered: 8/31/2005 Notice of Hearing on Motion
                                                                                                                                                                                                                            REVISED NOTICE OF HEARING ON MOTION in case as to Samuel Herbin, Shannon Smith [75] MOTION to Dismiss on Speedy Trial, [48] MOTION to Produce, [47] MOTION to Suppress, [53] MOTION to Suppress, [87] MOTION to Dismiss, [54] MOTION to Suppress, [52] MOTION to Suppress:Continuation of Motion Hearing set for 9/9/2005 10:00 AM in Burlington Courtroom 542 before William K. Sessions III. Cy parties & USPO(jam, )
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                                                                                                                                                                                                                              Blank 86 Filed: 8/26/2005, Entered: 8/29/2005 TranscriptCourt Filing
                                                                                                                                                                                                                              TRANSCRIPT of Proceedings as to Samuel Herbin, Shannon Smith held on August 17, 2005 before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
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                                                                                                                                                                                                                                Legal Document 85 Filed: 8/26/2005, Entered: 8/26/2005 Response
                                                                                                                                                                                                                                RESPONSE by Shannon Smith to Government's [83] Supplemental Memorandum on Good Faith Exception filed by United States of America. (law)
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                                                                                                                                                                                                                                  Legal Document 83 Filed: 8/19/2005, Entered: 8/22/2005 ~Notice (other)
                                                                                                                                                                                                                                  SUPPLEMENTAL MEMORANDUM OF LAW by United States of America as to Samuel Herbin, Shannon Smith on Good Faith Exception. (law)
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                                                                                                                                                                                                                                    Legal Document 82 Filed: 8/19/2005, Entered: 8/19/2005 Notice of Hearing on Motion
                                                                                                                                                                                                                                    NOTICE OF CONTINUATION OF MOTION HEARING in case as to Samuel Herbin, Shannon Smith as to [75] MOTION to Dismiss on Speedy Trial, [48] MOTION to Produce, [47] MOTION to Suppress, [53] MOTION to Suppress, [54] MOTION to Suppress, [52] MOTION to Suppress:Continuation of Motion Hearing set for 9/2/2005 09:30 AM in Burlington Courtroom 542 before William K. Sessions III. Cy parties & USPO(jam, )
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                                                                                                                                                                                                                                      Blank 81 Filed: 8/17/2005, Entered: 8/18/2005 Motion HearingCourt Filing
                                                                                                                                                                                                                                      MINUTE ENTRY for proceedings held before Judge William K. Sessions III:Hearing on all Pending Motions as to Samuel Herbin, Shannon Smith held on 8/17/2005. Dfts present w/ counsel C. Davis & B. Stetler; J. Conroy present for govt. Statements by counsel re: motions to dismiss for speedy trial purposes. ORDERED: [75] MOTION to dismiss filed by Shannon Smith taken under advisement; [79] MOTION to Dismiss on Speedy Trial filed by Samuel Herbin withdrawn--dft Herbin concedes to no speedy trial violation at this time. Evidentiary hearing held on suppression issues. The following witnesses, sworn by clerk, were examined for govt: Shelby Richardson, Rachael Earley, Robert Estes & Michael Warren. Evidence recessed. ORDERED: denying [51] MOTION in Limine filed by Samuel Herbin--parties will enter into a stipulation; all suppression motions taken under advisement; further hearing to be set asap on outstanding suppression issues; additional briefing due by 8/29/2005; speedy trial clock remains tolled during the pendency of these motions. (Court Reporter Nichols.) (jam, ) Modified on 10/26/2005 (jse, ).
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                                                                                                                                                                                                                                        Legal Document 78 Filed: 8/5/2005, Entered: 8/8/2005 Response to Motion
                                                                                                                                                                                                                                        RESPONSE by United States of America as to Shannon Smith to [75] MOTION to Dismiss on Speedy Trial. (law, )
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                                                                                                                                                                                                                                          Legal Document 77 Filed: 8/3/2005, Entered: 8/3/2005 Notice of Hearing on Motion
                                                                                                                                                                                                                                          REVISED NOTICE OF HEARING ON MOTION (adding hearing on speedy trial motions) in case as to Samuel Herbin, Shannon Smith [75] MOTION to Dismiss on Speedy Trial, [48] MOTION to Produce, [47] MOTION to Suppress, [53] MOTION to Suppress, [54] MOTION to Suppress, [52] MOTION to Suppress: Motion Hearing set for 8/17/2005 01:30 PM in Burlington Courtroom 542 before William K. Sessions III. Cy parties & USPO(jam, )
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                                                                                                                                                                                                                                            Legal Document 75 Filed: 7/22/2005, Entered: 7/22/2005, Terminated: 10/26/2005 Motion to Dismiss
                                                                                                                                                                                                                                            MOTION to Dismiss on Speedy Trial by Shannon Smith. (law, )
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                                                                                                                                                                                                                                              Blank -- Filed: 7/22/2005, Entered: 7/22/2005 set/reset motion and R&R; deadlines/hearings
                                                                                                                                                                                                                                              Set Deadlines re Motion in case as to Shannon Smith [75] MOTION to Dismiss on Speedy Trial. Responses due by 8/5/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jam, )
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                                                                                                                                                                                                                                                Legal Document 71 Filed: 7/13/2005, Entered: 7/13/2005 Notice of Hearing on Motion
                                                                                                                                                                                                                                                REVISED NOTICE OF HEARING ON MOTION in case as to Samuel Herbin, Shannon Smith [48] MOTION to Produce, [47] MOTION to Suppress, [53] MOTION to Suppress, [54] MOTION to Suppress, [52] MOTION to Suppress: Motion Hearing reset for 8/17/2005 01:30 PM in Burlington Courtroom 542 before William K. Sessions III. (law, )
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                                                                                                                                                                                                                                                  Legal Document 69 Filed: 7/12/2005, Entered: 7/12/2005 Memorandum in Support
                                                                                                                                                                                                                                                  OBJECTION by Shannon Smith to [64] Order resetting the speedy trial clock. (law, )
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                                                                                                                                                                                                                                                    Legal Document 68 Filed: 7/11/2005, Entered: 7/11/2005 Notice of Hearing on Motion
                                                                                                                                                                                                                                                    NOTICE OF HEARING ON MOTION in case as to Samuel Herbin, Shannon Smith [48] MOTION to Produce, [47] MOTION to Suppress, [53] MOTION to Suppress, [54] MOTION to Suppress, [52] MOTION to Suppress: Motion Hearing set for 8/16/2005 09:30 AM in Burlington Courtroom 542 before William K. Sessions III. (law, )
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                                                                                                                                                                                                                                                      Legal Document 64 Filed: 6/17/2005, Entered: 6/17/2005 OrderCourt Filing
                                                                                                                                                                                                                                                      ORDER as to Samuel Herbin, Shannon Smith resetting speedy trial clock to 0 as of 06/14/2005; time excluded from 03/21/2005 up to but not including 06/14/2005 . Signed by Judge William K. Sessions III on 06/16/2005. (law, )
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                                                                                                                                                                                                                                                        Blank 63 Filed: 6/14/2005, Entered: 6/14/2005 ArraignmentCourt Filing
                                                                                                                                                                                                                                                        MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier :Arraignment as to Shannon Smith present w/Bradley Stetler, Esq. (2) Count 1ss,2ss,3ss,4ss,5ss,6ss,8ss and Samuel Herbin present w/Lisa Shelkrot, Esq. (1) Count 1sss,2sss,3sss,4sss,7sss,8sss held on 6/14/2005 not guilty pleas entered. John Conroy, AUSA present for Govt. (Court Reporter taped.) (jjj, )
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                                                                                                                                                                                                                                                          Legal Document 61 Filed: 6/6/2005, Entered: 6/6/2005 Notice of Hearing.
                                                                                                                                                                                                                                                          NOTICE OF HEARING as to Samuel Herbin, Shannon Smith, Robert Sasso Arraignment set for 6/14/2005 10:00 AM in Burlington Courtroom 440 before Jerome J. Niedermeier. (jjj, )
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                                                                                                                                                                                                                                                            Legal Document 60 Filed: 6/2/2005, Entered: 6/3/2005 Indictment
                                                                                                                                                                                                                                                            THIRD SUPERSEDING INDICTMENT as to Samuel Herbin (1) count(s) 1sss, 2sss, 3sss, 4sss, 7sss, 8sss, Shannon Smith (2) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 8ss. Cy to counsel, USPO. (law, )
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                                                                                                                                                                                                                                                              Legal Document 59 Filed: 5/18/2005, Entered: 5/18/2005 Response to Motion
                                                                                                                                                                                                                                                              RESPONSE to Pretrial Motions by United States of America as to Shannon Smith re [48] MOTION to Produce, [47] MOTION to Suppress. (Attachments: # (1) Exhibit 1)(law, )
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                                                                                                                                                                                                                                                                Legal Document 55 Filed: 4/20/2005, Entered: 4/20/2005 Order on Motion to Extend TimeCourt Filing
                                                                                                                                                                                                                                                                ORDER granting [49] Motion for Enlargement of Time to File a Response to the Various Motions to Suppress Evidence as to Samuel Herbin (1), Shannon Smith (2). Responses due by 05/18/2005. Signed by Judge William K. Sessions III on 04/20/2005. (law, )
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                                                                                                                                                                                                                                                                  Blank -- Filed: 4/20/2005, Entered: 4/20/2005 set/reset motion and R&R; deadlines/hearings
                                                                                                                                                                                                                                                                  Set/Reset Deadlines in case as to Samuel Herbin, Shannon Smith [48] MOTION to Produce, [47] MOTION to Suppress, [53] MOTION to Suppress, [51] MOTION in Limine, [54] MOTION to Suppress, [52] MOTION to Suppress. Responses due by 5/18/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, )
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                                                                                                                                                                                                                                                                    Blank -- Filed: 4/19/2005, Entered: 4/20/2005 set/reset motion and R&R; deadlines/hearings
                                                                                                                                                                                                                                                                    Set Deadlines re Motion in case as to Samuel Herbin, Shannon Smith, Robert Sasso [53] MOTION to Suppress, [51] MOTION in Limine, [54] MOTION to Suppress, [52] MOTION to Suppress. Responses due by 5/3/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jam, )
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                                                                                                                                                                                                                                                                      Legal Document 49 Filed: 4/18/2005, Entered: 4/18/2005, Terminated: 4/20/2005 Motion to Extend Time
                                                                                                                                                                                                                                                                      MOTION for Enlargement of Time to File a Response to the Various Motions to Suppress Evidence by United States of America as to Samuel Herbin, Shannon Smith, Robert Sasso. (law, )
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                                                                                                                                                                                                                                                                        Legal Document 48 Filed: 4/14/2005, Entered: 4/14/2005, Terminated: 11/29/2005 Motion to Produce
                                                                                                                                                                                                                                                                        MOTION to Produce Exculpatory Evidence by Shannon Smith. (law, )
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                                                                                                                                                                                                                                                                          Legal Document 47 Filed: 4/14/2005, Entered: 4/14/2005, Terminated: 10/26/2005 Motion to Suppress
                                                                                                                                                                                                                                                                          MOTION to Suppress Evidence and Statements by Shannon Smith. (law, )
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                                                                                                                                                                                                                                                                            Blank -- Filed: 4/14/2005, Entered: 4/14/2005 set/reset motion and R&R; deadlines/hearings
                                                                                                                                                                                                                                                                            Set Deadlines re Motion in case as to Samuel Herbin, Shannon Smith, Robert Sasso [48] MOTION to Produce, [47] MOTION to Suppress. Responses due by 4/28/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (jam, )
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                                                                                                                                                                                                                                                                              Legal Document 45 Filed: 3/21/2005, Entered: 3/22/2005 Pretrial Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                              CRIMINAL PRETRIAL SCHEDULING ORDER as to Samuel Herbin, Shannon Smith, Robert Sasso. Motions due by 4/15/2005. Pretrial Conference to be set for 5/2/2005 before William K. Sessions III. Excludable time is from 3/21/2005 thru 4/15/2005. Signed by Judge Jerome J. Niedermeier on 3/21/2005. (jlh, ) Modified on 3/22/2005 (jse, ).
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                                                                                                                                                                                                                                                                                Blank 44 Filed: 3/21/2005, Entered: 3/21/2005 ArraignmentCourt Filing
                                                                                                                                                                                                                                                                                MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier :Arraignment as to Shannon Smith (2) Count 1s,2s,4s,5s and Samuel Herbin (1) Count 1ss,2ss,3ss,4ss,7ss held on 3/21/2005. AUSA John Conroy present for the government. Defendant Herbin present with his atty. Christopher Davis, Esq. Defendant Smith present with his atty. Bradley Stetler, Esq. Deputy swears defendants and Court makes inquiries. Defts waive reading of Indictment and plead not guilty. Pretrial Motions due Apr. 15, 2005 and pretrial conference set for 5/2/2005. (Court Reporter taped.) (jlh, )
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                                                                                                                                                                                                                                                                                  Blank -- Filed: 3/21/2005, Entered: 3/23/2005 Terminate Deadlines and Hearings
                                                                                                                                                                                                                                                                                  Terminate Deadlines and Hearings (arraignment) as to Samuel Herbin, Shannon Smith, Robert Sasso: (jlh, )
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                                                                                                                                                                                                                                                                                    Legal Document 39 Filed: 3/11/2005, Entered: 3/11/2005 Notice of Hearing.
                                                                                                                                                                                                                                                                                    NOTICE OF HEARING as to Samuel Herbin, Shannon Smith, Robert Sasso Arraignment set for 3/21/2005 10:00 AM in Burlington Courtroom 440 before Jerome J. Niedermeier. (jjj, )
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                                                                                                                                                                                                                                                                                      Legal Document 38 Filed: 3/10/2005, Entered: 3/10/2005 Indictment
                                                                                                                                                                                                                                                                                      SECOND SUPERSEDING INDICTMENT as to Samuel Herbin (1) count(s) 1ss, 2ss, 3ss, 4ss, 7ss, Shannon Smith (2) count(s) 1s, 2s, 4s, 5s, Robert Sasso (3) count(s) 6s. (law, )
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                                                                                                                                                                                                                                                                                        Legal Document 35 Filed: 2/2/2005, Entered: 2/2/2005 Order of DetentionCourt Filing
                                                                                                                                                                                                                                                                                        ORDER OF DETENTION as to Shannon Smith. Signed by Judge Jerome J. Niedermeier on 2/2/2005. (jlh, )
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                                                                                                                                                                                                                                                                                          Legal Document 31 Filed: 2/1/2005, Entered: 2/1/2005 Pretrial Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                          CRIMINAL PRETRIAL SCHEDULING ORDER as to Shannon Smith, Robert Sasso Motions due by 4/1/2005. Pretrial Conference set for 5/2/2005 before William K. Sessions III. Signed by Judge Jerome J. Niedermeier on 2/1/5. (Excludable time from 1/31/2005 through 4/1/2005) (jlh, )
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                                                                                                                                                                                                                                                                                            Blank 32 Filed: 1/31/2005, Entered: 2/1/2005 order on motion for detentionCourt Filing
                                                                                                                                                                                                                                                                                            ORAL ORDER for Arraignment held on 1/31/2005 granting [29] Motion for Detention as to Shannon Smith (2) Signed by Judge Jerome J. Niedermeier on 01/31/2005. (This is a text only Order.) (admin, )
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                                                                                                                                                                                                                                                                                              Blank 30 Filed: 1/31/2005, Entered: 2/1/2005 ArraignmentCourt Filing
                                                                                                                                                                                                                                                                                              MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier :Arraignment as to Shannon Smith w/Bradley Stetler, Esq. (2) Count 1,4,5 and Robert Sasso w/Paul Volk, Esq. (3) Count 6 held on 1/31/2005 not guilty pleas entered. John Conroy, AUSA for Govt. Govt moves for detention pending trial. ORDERED: Motion granted absent objection. (Court Reporter taped.) (jjj, )
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                                                                                                                                                                                                                                                                                                Legal Document 29 Filed: 1/31/2005, Entered: 1/31/2005, Terminated: 1/31/2005 motion for detention
                                                                                                                                                                                                                                                                                                MOTION for Detention by United States of America as to Shannon Smith. (law, )
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                                                                                                                                                                                                                                                                                                  Blank -- Filed: 1/31/2005, Entered: 2/1/2005 Terminate Deadlines and Hearings
                                                                                                                                                                                                                                                                                                  Terminate Deadlines and Hearings as to Samuel Herbin, Shannon Smith, Robert Sasso: (admin, )
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                                                                                                                                                                                                                                                                                                    Legal Document 24 Filed: 1/27/2005, Entered: 1/31/2005 Warrant Returned Executed
                                                                                                                                                                                                                                                                                                    ARREST Warrant Returned Executed on 01/20/05 as to Shannon Smith. (law, )
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                                                                                                                                                                                                                                                                                                      Legal Document 23 Filed: 1/26/2005, Entered: 1/26/2005 Notice of Hearing.
                                                                                                                                                                                                                                                                                                      NOTICE OF HEARING as to Shannon Smith, Robert Sasso Arraignment set for 1/31/2005 01:00 PM in Burlington Courtroom 440 before Jerome J. Niedermeier. (jjj, )
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                                                                                                                                                                                                                                                                                                        Blank -- Filed: 1/24/2005, Entered: 1/25/2005 CJA 20 Appointment
                                                                                                                                                                                                                                                                                                        CJA 20 as to Shannon Smith: Appointment of Attorney Bradley Specht Stetler for Shannon Smith. (law, )
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                                                                                                                                                                                                                                                                                                          Blank 22 Filed: 1/5/2005, Entered: 1/5/2005 Writ of Habeas Corpus ad Prosequendum IssuedCourt Filing
                                                                                                                                                                                                                                                                                                          Writ of Habeas Corpus ad Prosequendum Issued as to Shannon Smith for 01/25/05 at 1:30pm before Magistrate Judge Niedermeier. (jse, )
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                                                                                                                                                                                                                                                                                                            Legal Document 19 Filed: 1/5/2005, Entered: 1/5/2005 Application for Writ of Habeas Corpus ad Prosequen
                                                                                                                                                                                                                                                                                                            Application for Writ of Habeas Corpus ad Prosequendum as to Shannon Smith (jse, )
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                                                                                                                                                                                                                                                                                                              Legal Document 15 Filed: 11/22/2004, Entered: 11/22/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                              ORDER by Chief Judge William K. Sessions III resetting the speedy trial clock to 0 as of 11/18/04 excludable XP , time excluded from July 2, 2004 to November 18, 2004 (cc: all counsel) (law)
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                                                                                                                                                                                                                                                                                                                Blank -- Filed: 11/18/2004, Entered: 11/19/2004 Minutes-Miscellaneous
                                                                                                                                                                                                                                                                                                                MINUTES: before Chief Judge William K. Sessions III (Ct Rptr: Nichols) arraignment on superseding indictment held on 11/18/04 as to dft Herbin. Dft present w/ counsel C. Davis; J. Conroy present for govt. Clerk swears dft & Court makes inquiries. Dft pleads not guilty to counts 1s-4s and sentencing factors ; pretrial motions due 2/18/05 for Samuel Herbin, for Shannon Smith, for Robert Sasso , jury draw of 12/1/04 cancelled on 11/18/04; granting [14-1] motion to continue Trial as to dft Herbin, excludable XT , time excluded from 11/18/04 to 2/18/05 (jam)
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                                                                                                                                                                                                                                                                                                                  Legal Document 13 Filed: 11/8/2004, Entered: 11/8/2004 Notice of Hearing.
                                                                                                                                                                                                                                                                                                                  NOTICE OF HEARING ; arraignment on superseding indictment set for 4:00 11/18/04 for Samuel Herbin ; pretrial conference set for 4:00 11/18/04 for Samuel Herbin Cy to affected parties, USPO (jam)
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                                                                                                                                                                                                                                                                                                                    Legal Document 12 Filed: 11/2/2004, Entered: 11/2/2004 Notice of Hearing.
                                                                                                                                                                                                                                                                                                                    NOTICE OF HEARING: Arraignment set for 2:00 11/8/2004 for Samuel Herbin. Copy to affected parties, USPO. (jjj)
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                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 11 Filed: 10/29/2004, Entered: 10/29/2004 Indictment
                                                                                                                                                                                                                                                                                                                      SUPERSEDING INDICTMENT by USA; counts filed against Samuel Herbin (1) count(s) 1s, 2s, 3s, 4s, Shannon Smith (2) count(s) 1, 4, 5, Robert Sasso (3) count(s) 6; Cy to counsel, USPO (law)
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                                                                                                                                                                                                                                                                                                                        Blank -- Filed: 10/28/2004, Entered: 10/29/2004 Warrant Issued
                                                                                                                                                                                                                                                                                                                        ARREST WARRANT ISSUED for Shannon Smith, Robert Sasso (law)
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                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 10 Filed: 10/8/2004, Entered: 10/8/2004 Notice of Hearing.
                                                                                                                                                                                                                                                                                                                          NOTICE OF HEARING ; jury draw as the No.1 criminal case set for 1:00 12/1/04 for Samuel Herbin Cy to affected parties, USPO (jam)
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                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 9 Filed: 10/8/2004, Entered: 10/8/2004 Notice of Hearing.
                                                                                                                                                                                                                                                                                                                            NOTICE OF HEARING ; pretrial conference set for 4:00 11/18/04 for Samuel Herbin Cy to affected parties, USPO (jam)
                                                                                                                                                                                                                                                                                                                              Request RequestSpace LREF

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