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 47 |
Filed: 3/21/2008, Entered: 3/21/2008 |
Judgment* |
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JUDGMENT as to Carlo D. Dobrich (1), Count 1, Dismissed on govt's motion; Count 1s, term of imprisonment of 27 months, to be followed by 5 years of S/R with special conditions, including: participate in an approved program of sex offender evaluation and treatment, register as a sex offender as directed by USPO, provide USPO access to any requested financial records, advise USPO of number of computers owned and maintain a complete and current inventory of computer access, not use a computer that has Internet access until a Computer Use Plan is developed and approved by his treatment provider and USPO, not access any computer that utilizes any cleaning or wiping software programs, consent to and cooperate with unannounced examinations of any computer owned or controlled by the dft, consent to third-party disclosure to any employer, potential employer, community service site, or other interested party, of any computer-related restrictions imposed, neither possess nor have under his control any matter that is pornographic, not associate with persons under the age of 18, except in the presence of a responsible adult who has been approved by USPO, not directly or indirectly contact anyone under the age of 18; submit his person, residence, office, or vehicle to a search, and cooperate in the collection of DNA. Drug testing requirement while under supervision is suspended. Court recommends to BOP that dft be designated to FMC Devens and that he participate in sex offender treatment program. Fine wvd; $100 S/A due immediately. Signed by Judge J. Garvan Murtha on 3/20/2008. (kak)
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 46 |
Filed: 3/20/2008, Entered: 3/21/2008 |
Sentencing |
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MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Sentencing Hearing as to Carlos Dobrich held on 3/20/2008. Dft present w/counsel Robert Fellrath, AFPD. AUSA Barbara Masterson present by for govt. Statements by counsel and dft prior to imposition of sentence. ORDERED: [31] Govt's request for 2-level enhancement for knowing misrepresentation of identity is DENIED. [32] motion for downward departure based on susceptibility to abuse DENIED; [32] motion for non-guideline sentence GRANTED; [32] requests related to supervised release conditions DENIED. Court imposes non-guideline sentence. SENTENCE: Count 1s: term of imprisonment of 27 months, to be followed by 5 years of S/R with special conditions, including: participate in an approved program of sex offender evaluation and treatment, register as a sex offender as directed by USPO, provide USPO access to any requested financial records, advise USPO of number of computers owned and maintain a complete and current inventory of computer access, not use a computer that has Internet access until a Computer Use Plan is developed and approved by his treatment provider and USPO, not access any computer that utilizes any cleaning or wiping software programs, consent to and cooperate with unannounced examinations of any computer owned or controlled by the dft, consent to third-party disclosure to any employer, potential employer, community service site, or other interested party, of any computer-related restrictions imposed, neither possess nor have under his control any matter that is pornographic, not associate with persons under the age of 18, except in the presence of a responsible adult who has been approved by USPO, not directly or indirectly contact anyone under the age of 18; submit his person, residence, office, or vehicle to a search, and cooperate in the collection of DNA. Drug testing requirement while under supervision is suspended. Court recommends to BOP that dft be designated to FMC Devens and that he participate in sex offender treatment program. Fine wvd; $100 S/A due immediately. Court grants govt's motion to dismiss indictment. Dft notified of right to appeal. Dft to report to a facility designated by BOP on 4/22/2008. Dft released on conditions as previously set. (Court Reporter: Coughlin) (kak)
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| 45 |
Filed: 3/19/2008, Entered: 3/19/2008 |
Supplemental Document |
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SUPPLEMENTAL DOCUMENT by Carlo D. Dobrich re: [34] Sentencing Memorandum. (Attachments: # (1) Exhibit I, # (2) Exhibit J, # (3) Exhibit K, # (4) Exhibit L)(Fellrath, Robert)
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| 42 |
Filed: 2/11/2008, Entered: 2/11/2008 |
Notice of Hearing. |
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REVISED NOTICE OF HEARING as to Carlo D. Dobrich: Sentencing reset for 3/20/2008 at 01:00 PM in Brattleboro Courtroom before Judge J. Garvan Murtha.(kak)
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| 38 |
Filed: 1/18/2008, Entered: 1/18/2008 |
Order on Motion to Continue |
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ORDER granting [35] Motion to Continue Sentencing Hearing as to Carlo D. Dobrich (1). This case shall be removed from the 1/22/2008 hearing calendar. Signed by Judge J. Garvan Murtha on 1/18/2008. (This is a text only Order.) (kbl)
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| 37 |
Filed: 1/18/2008, Entered: 1/18/2008 |
Sentencing Memorandum |
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SECOND SUPPLEMENTAL SENTENCING MEMORANDUM by Carlo D. Dobrich. (Attachments: # (1) Exhibit G, # (2) Exhibit H)(wjf)
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| 36 |
Filed: 1/18/2008, Entered: 1/18/2008 |
Response in Opposition to Motion |
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RESPONSE in Opposition by Carlo D. Dobrich to [35] MOTION to Continue Sentencing Hearing. (Fellrath, Robert)
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| 35 |
Filed: 1/17/2008, Entered: 1/17/2008, Terminated: 1/18/2008 |
Motion to Continue |
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MOTION to Continue Sentencing Hearing by USA as to Carlo D. Dobrich. (Attachments: # (1) Text of Proposed Order, # (2) Certificate of Service)(Masterson, Barbara)
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| 34 |
Filed: 1/16/2008, Entered: 1/16/2008 |
Sentencing Memorandum |
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SUPPLEMENTAL SENTENCING MEMORANDUM by Carlo D. Dobrich (Attachments: # (1) Exhibit E, # (2) Exhibit F)(kak)
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| 31 |
Filed: 1/15/2008, Entered: 1/15/2008 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by USA as to Carlo D. Dobrich (Attachments: # (1) Exhibit A, # (2) Certificate of Service)(Masterson, Barbara)
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| 30 |
Filed: 1/14/2008, Entered: 1/14/2008 |
Statement by Defendant re: Presentence Report |
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REVIEW OF PRESENTENCE REPORT by Carlo D. Dobrich. (kak)
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| -- |
Filed: 1/14/2008, Entered: 1/15/2008 |
Receipt for Payment (SA/fine/rest/bail) |
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RECEIPT FOR PAYMENT as to Carlo D. Dobrich. Payment of criminal debt in the amount of $100.00, receipt # 4625. (gmg)
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| 29 |
Filed: 11/8/2007, Entered: 11/8/2007 |
Notice of Hearing. |
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REVISED NOTICE OF HEARING as to Carlo D. Dobrich: Sentencing reset for 1/22/2008 at 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (kak)
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| 28 |
Filed: 11/8/2007, Entered: 11/8/2007 |
Order on Motion to Continue |
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ORDER granting [27] Unopposed Motion to Continue Sentencing Hearing as to Carlo D. Dobrich (1). Objections to the draft presentence report shall be filed by 12/18/2007. This case shall be removed from the 12/10/2007 hearing calendar and continued until 1/22/2008 at 11:00 a.m. in Brattleboro, Vt. Signed by Judge J. Garvan Murtha on 11/8/2007. (This is a text only Order.) (kbl)
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| -- |
Filed: 11/8/2007, Entered: 11/8/2007 |
Set/Reset Deadlines: |
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Set Deadlines as to Carlo D. Dobrich: Objections to draft presentence report due by 12/18/2007. (kak)
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| 27 |
Filed: 11/7/2007, Entered: 11/7/2007, Terminated: 11/8/2007 |
Motion to Continue |
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UNOPPOSED MOTION to Continue Sentencing Hearing by Carlo D. Dobrich. (Attachments: # (1) Text of Proposed Order)(Fellrath, Robert)
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| 26 |
Filed: 8/14/2007, Entered: 8/15/2007 |
Notice of Hearing. |
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NOTICE OF HEARING as to Carlo D. Dobrich: Sentencing set for 12/10/2007 at 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf)
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| 25 |
Filed: 8/14/2007, Entered: 8/14/2007 |
Scheduling Order |
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PROCEDURAL AND SCHEDULING ORDER as to Carlo D. Dobrich: Sentencing set for 12/10/2007 at 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Signed by Judge J. Garvan Murtha on 08/14/2007. (wjf)
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| 24 |
Filed: 8/14/2007, Entered: 8/14/2007 |
Change of Plea Hearing |
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MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha: Plea to Information Hearing as to Carlo Dobrich held on 8/14/2007. Dft present w/counsel AFPD Robert Fellrath. AUSA Barbara Masterson present by videoconference for govt. Clerk swears dft and Court makes inquiries. Court informs dft of maximum penalties. Dft waives indictment and pleads guilty to Information. Statement of facts by govt. Plea agreement reviewed. Parties will revise, sign and file an amended plea agreement upon conclusion of hearing. Court makes findings; accepts guilty plea; acceptance of plea agreement deferred. PSR to be completed by USPO. Sentencing set for 12/10/2007 at 11:00 a.m. in Brattleboro before J. Garvan Murtha. Dft released on conditions previously set with ADDED conditions: (1) Paragraph 7(w) of [6] Order Setting Conditions of Release is modified as follows: Dft shall not have a computer in his home or any internet access that is of a personal nature unless authorized by the U.S. Probation Office. The dft may have internet access as it relates to his employment; (2) dft shall sign a release form to allow his supervising USPO access to his treatment records if they are sex offender specific. (Court Reporter: Coughlin) (wjf)
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| 23 |
Filed: 8/14/2007, Entered: 8/14/2007 |
Waiver of Indictment |
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WAIVER OF INDICTMENT by Carlo D. Dobrich. (wjf)
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| 22 |
Filed: 8/14/2007, Entered: 8/14/2007 |
Plea Agreement |
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AMENDED PLEA AGREEMENT as to Carlo D. Dobrich. (wjf)
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| 21 |
Filed: 8/7/2007, Entered: 8/7/2007 |
Notice of Hearing. |
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NOTICE OF HEARING as to Carlo D. Dobrich: Plea to Information Hearing set for 8/14/2007 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf)
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| 20 |
Filed: 8/3/2007, Entered: 8/3/2007 |
Plea Agreement |
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PLEA AGREEMENT as to Carlo D. Dobrich. (wjf)
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| 19 |
Filed: 8/3/2007, Entered: 8/3/2007 |
Information - Felony |
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INFORMATION as to Carlo D. Dobrich (1) count(s) 1s. Cy to counsel and USPO. (wjf)
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| 18 |
Filed: 7/17/2007, Entered: 7/18/2007 |
Search Warrant Returned Executed |
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SEARCH WARRANT RETURNED EXECUTED as to Electronic mail ("e-mail") accounts: carloandchris@netzero.net, maintained by NetZero, 2555 Townsgate Road, Westlake Village, California 91361-2650, and smokejumper1969@yahoo.com, maintained by Yahoo! Inc., 701 First Avenue, Sunnyvale, California 98089 on 6/7/2007 and 6/8/2007 in case as to Carlo D. Dobrich (jlh)
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| 17 |
Filed: 6/13/2007, Entered: 6/13/2007 |
Order on Motion for Leave to Appear |
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ORDER granting [15] Motion for Admission Pro Hac Vice re: Robert A. Fellrath as to Carlo D. Dobrich (1). Signed by Judge J. Garvan Murtha on 6/13/2007. (This is a text only Order.) (kbl, )
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| 16 |
Filed: 6/8/2007, Entered: 6/8/2007 |
Affidavit |
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AFFIDAVIT of Robert Andrew Fellrath re: [15] for Admission of Robert A. Fellrath Pro Hac Vice as to Carlo D. Dobrich. (law)
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| 15 |
Filed: 6/7/2007, Entered: 6/8/2007, Terminated: 6/13/2007 |
Motion to Appear |
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MOTION for Admission of Robert A. Fellrath Pro Hac Vice as to Carlo D. Dobrich. (law)
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| 14 |
Filed: 6/6/2007, Entered: 6/6/2007 |
Application/Affidavit for Search Warrant |
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APPLICATION/AFFIDAVIT for Search Warrant as to Electronic mail accounts: carloandchris@netzero.net and smokejumper1969@yahoo.com as to Carlo D. Dobrich. (wjf)
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| 13 |
Filed: 5/3/2007, Entered: 5/4/2007 |
Pretrial Scheduling Order |
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CRIMINAL PRETRIAL SCHEDULING ORDER as to Carlo D. Dobrich: Motions due by 8/2/2007. If no motions are filed, a pretrial conference will be noticed before Judge J. Garvan Murtha following the motions filing deadline of 8/2/2007. Signed by Judge J. Garvan Murtha on 5/3/2007. The time to be excluded is 5/3/2007 - 8/2/2007. (wjf)
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| 12 |
Filed: 5/3/2007, Entered: 5/3/2007 |
Arraignment |
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MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Arraignment as to Carlo Dobrich held on 5/3/2007. Counsel FPD Michael Desautels appears on behalf of dft. Dft waives personal appearance. AUSA Barbara Masterson present by videoconference for govt. ORDERED: Motions due 8/2/2007. Conditions of release previously imposed remain in effect. (Court Reporter Coughlin) (kak)
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| 11 |
Filed: 5/3/2007, Entered: 5/3/2007 |
Waiver of Presence at Arraignment |
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WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Carlo D. Dobrich. (wjf)
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| 10 |
Filed: 4/25/2007, Entered: 4/25/2007 |
Notice of Hearing. |
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REVISED NOTICE OF HEARING as to Carlo D. Dobrich: Arraignment reset for 5/3/2007 10:30 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf)
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| 9 |
Filed: 4/13/2007, Entered: 4/13/2007 |
Notice of Hearing. |
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NOTICE OF HEARING as to Carlo D. Dobrich: Arraignment set for 4/26/2007 10:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf)
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| 8 |
Filed: 4/12/2007, Entered: 4/13/2007 |
Indictment |
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INDICTMENT as to Carlo D. Dobrich (1) count(s) 1. (wjf)
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| 7 |
Filed: 4/5/2007, Entered: 4/9/2007 |
Warrant Returned Executed |
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ARREST WARRANT RETURNED executed on 3/30/2007 in case as to Carlo D. Dobrich. (jlh)[2:07-mj-00035-jjn]
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| 6 |
Filed: 4/2/2007, Entered: 4/4/2007 |
Order Setting Conditions of Release |
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ORDER Setting Conditions of Release as to Carlo D. Dobrich. Signed by Judge William K. Sessions III on 4/2/07. Copy to USMS (jam)[2:07-mj-00035-jjn]
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 5 |
Filed: 4/2/2007, Entered: 4/4/2007 |
Financial Affidavit-CJA 23 |
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CJA 23 Financial Affidavit by Carlo D. Dobrich. (Document image is sealed) (jam)[2:07-mj-00035-jjn]
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 Request |
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| 4 |
Filed: 4/2/2007, Entered: 4/4/2007 |
Initial Appearance |
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MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Initial Appearance as to Carlo D. Dobrich held on 4/2/2007. Dft present w/ counsel M. Desautels; B. Masterson present for govt. Clerk swears dft & Court makes inquiries. Financial affidavit reviewed; FPD appointed to represent dft. Statements re: release or detention. Originally dft was to be temporarily detained however at a subsequent hearing where additional information was presented, the Court released dft on conditions pending trial. Preliminary Examination set for 4/13/2007 02:00 PM in Burlington Courtroom 440 before Hon. Jerome J. Niedermeier. (Court Reporter: Nichols) (jam)[2:07-mj-00035-jjn]
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| 3 |
Filed: 4/2/2007, Entered: 4/2/2007 |
Notice of Appearance - Defendant |
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NOTICE OF APPEARANCE: Michael L. Desautels appearing for Carlo D. Dobrich (Desautels, Michael)[2:07-mj-00035-jjn]
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| 2 |
Filed: 4/2/2007, Entered: 4/2/2007 |
Order Appointing Public Defender |
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ORDER APPOINTING FEDERAL PUBLIC DEFENDER: FPD for Carlo D. Dobrich appointed. (law)[2:07-mj-00035-jjn]
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| -- |
Filed: 4/2/2007, Entered: 4/2/2007 |
Add and Terminate Attorneys |
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Attorney update in case as to Carlo D. Dobrich. Attorney Barbara A. Masterson for USA added. Attorney Wendy L. Fuller terminated pursuant to notification from USAO. (jlh)[2:07-mj-00035-jjn]
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| 1 |
Filed: 3/30/2007, Entered: 3/30/2007 |
Complaint |
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COMPLAINT as to Carlo D. Dobrich (1). (jlh) (Attachment:# (1) Main document# added 4/2/2007.) (jmm)[2:07-mj-00035-jjn]
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