USA, et al v. Kerna
Criminal Case Arizona District Court, Case No. 2:02-cr-00618-FJM

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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 Ann Birmingham Scheel +1 602 514 7500 +1 602 514 7650 ann.scheel@usdoj.gov

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

Office Phoenix Division
Filed 6/18/2002
County Maricopa
Terminated 2/9/2004
Reopened
Magistrate Case
201-mj-03241
Citation
Offense Level
cmp complaint 18871 Threats against President & Successors to President; 18879(a) Threats against Former President/Families [ 201-m -3241 ]
Count 1
Citation Section 18 U.S.C. § 871.F
Offense Level 4
18871(a) - Threats Against the President
Count 2-3
Citation Section 18 U.S.C. § 879.F
Offense Level 4
18879 - Threats Against the Former President
Def Custody Status Custody This Court
Flags CLOSED, DFT-SENTENCED
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Blank 92 Filed: 1/31/2005, Entered: 1/31/2005 OrderCourt Filing
ORDER by Judge Frederick J. Martone sentencing for Keith Richard Kerna (1) count(s) 1. Custody BOP for term of 27 MONHTHS (TIME SERVED); upon release placed on supervised release for term of 3 YEARS; S/A in amount of $100.00; ****SUPERVISED RELEASE REVOKED 1/31/05****; FURTHER ORDERED committing dft to custody of BOP for a term of time sered; upon release, dft shall be placed on supervised release until 2/1/05 ; ORDERED that Correction Corporation of America shall release the dft with a 30-day supply of his prescribed medications for ease of transition and no degradation of his care; FURTHER ORDERED that the US Marshal shall transport the dft with all belongings to the courthouse tomorrow for release to defense counsel (LAD)
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    Blank 91 Filed: 1/24/2005, Entered: 1/31/2005 Supervised Release - Revocation HrgCourt Filing
    (FILED: 1/31/05) MINUTES: Final disposition hearing held on supervised release as to Keith Richard Kerna before Judge Frederick J. Martone Ct Rptr: Linda Schroeder-Willis; ORDERED that CCA will release the dft with a 30 day supply of his prescribed medications; the USA will contact the assigned case manager at County Manor to ensure the transition of the dft; FURTHER ORDERED that USM transport the dft with all his belongings to the courthouse on 1/25/05 for release to his counsel [cc: all counsel] [91-1] re: [91-1] (LAD)
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      Blank 87 Filed: 1/18/2005, Entered: 1/20/2005 Other NoticeCourt Filing
      LETTER to Magistrate Judge Mathis from dft Keith Richard Kerna (CMM)
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        Blank 86 Filed: 1/12/2005, Entered: 1/13/2005 Other NoticeCourt Filing
        LETTER to Magistrate Judge Mathis from dft Keith Richard Kerna (CMM)
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          Blank 85 Filed: 1/12/2005, Entered: 1/13/2005 Other NoticeCourt Filing
          LETTER to Magistrate Judge Mathis from dft Keith Richard Kerna (CMM)
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            Blank 84 Filed: 1/3/2005, Entered: 1/13/2005 Other NoticeCourt Filing
            LETTER to Judge Martone from dft Keith Richard Kerna (CMM) Modified on 01/13/2005
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              Blank 83 Filed: 1/3/2005, Entered: 1/13/2005 Other NoticeCourt Filing
              LETTER to Judge Martone from dft Keith Richard Kerna (CMM) Modified on 01/13/2005
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                Blank 80 Filed: 12/16/2004, Entered: 12/20/2004 Notice of Attorney Appearance - Defendant
                NOTICE of Substitution of attorney for USA: Ann Birmingham Scheel appears and terminating attorney Darcy A Cerow for USA (CMM)
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                  Blank 82 Filed: 12/7/2004, Entered: 12/20/2004 Sentencing Memorandum
                  SENTENCING memorandum filed by Keith Richard Kerna - letter from dft re disposition (CMM)
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                    Blank 81 Filed: 12/7/2004, Entered: 12/20/2004 Sentencing Memorandum
                    SENTENCING memorandum filed by Keith Richard Kerna - letter to the court re disposition (CMM)
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                      Blank 79 Filed: 10/18/2004, Entered: 10/26/2004 Minutes-MiscellaneousCourt Filing
                      FILED: 10/26/04) MINUTES: before Judge Frederick J. Martone. Ct Rptr: Linda Schroeder-Willis. admit/deny hearing held as to Keith Richard Kerna, dft admits violation of special condition 1 in the petition for evocation of supervised release; the court finds that dft has violated conditions of supervised release; final disposition hearing set for 1:30 1/24/05 for Keith Richard Kerna [79-2] (CMM)
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                        Blank 78 Filed: 10/8/2004, Entered: 10/13/2004 Order Returned Executed
                        ORDER executed on 9/17/04 as to defendant Keith Richard Kerns re order [69-1] (LAD)
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                          Blank 77 Filed: 9/29/2004, Entered: 9/30/2004 Minutes-MiscellaneousCourt Filing
                          FILED: 9/30/04) MINUTES: before Mag Judge Virginia A. Mathis. Status hearing held re competency as to Keith Richard Kerna. The court finds dft restored to competency; initial appearance held on violation and dft appears with Pnilip Seplow, appointed; preliminary revocation hearing wavied; detention matter submitted and dft continued detained as danger pending further proceedings. admit/deny hearing set for 3:45 10/18/04 for Keith Richard Kerna before Judge Martone [77-2] (CMM)
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                            Blank 90 Filed: 9/26/2004, Entered: 1/27/2005 Other NoticeCourt Filing
                            LETTER to Judge Martone from dft Keith Richard Kerna (CMM)
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                              Blank 89 Filed: 9/26/2004, Entered: 1/27/2005 Other NoticeCourt Filing
                              LETTER to Judge Martone from dft Keith Richard Kerna (CMM)
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                                Blank 88 Filed: 9/26/2004, Entered: 1/27/2005 Other NoticeCourt Filing
                                LETTER to Judge Martone by dft Keith Richard Kerna (CMM)
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                                  Blank 75 Filed: 9/1/2004, Entered: 9/7/2004 CJA 20 Appointment
                                  CJA Form 20 copy 4 as to Keith Richard Kerna appointing, Philip Seplow (LCF)
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                                    Blank 74 Filed: 8/30/2004, Entered: 8/30/2004 OrderCourt Filing
                                    ORDER by Judge Frederick J. Martone upon motion [73-1] of Keith Richard Kerna, it is hereby ORDERED that attorney George F Klink is permitted to withdraw from representing Defendant Kerna in the above-entitled matter ; terminating attorney George F Klink for Keith Richard Kerna; FURTHER ORDERED appointing CJA counsel Philip Seplow to represent Defendant Kerna for all further proceedings in this matter ; appointing Philip Seplow (SAT)
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                                      Blank 73 Filed: 8/12/2004, Entered: 8/13/2004 Motion to Withdraw as Attorney
                                      MOTION for withdrawal of attorney George F Klink [73-1] by Keith Richard Kerna , and for appointment of Phillip Seplow as cnsl for dft [73-2] by Keith Richard Kerna (CMM)
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                                        Blank 72 Filed: 7/13/2004, Entered: 7/14/2004 Minutes-MiscellaneousCourt Filing
                                        FILED: 7/14/04) MINUTES: before Mag Judge Virginia A. Mathis. Counsel for gov reports that dft Keith Kerna is taking his prescribed medication, therefore the status hrg is vacated. The court will await the doctor's report. [72-2] (CMM)
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                                          Blank 71 Filed: 6/29/2004, Entered: 6/30/2004 Minutes-MiscellaneousCourt Filing
                                          FILED: 6/30/04) MINUTES: before Mag Judge Virginia A. Mathis. Status hearing held re competency issues as to Keith Kerna ; another status hearing set for 11:30 7/13/04 for Keith Richard Kerna , before Mag Judge Virginia A. Mathis [71-3] (CMM)
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                                            Blank 70 Filed: 5/13/2004, Entered: 5/18/2004 Order Returned Executed
                                            ORDER executed on 3/16/04 as to defendant Keith Kerna re order [60-4] . (CMM) Modified on 05/19/2004
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                                              Blank 69 Filed: 4/6/2004, Entered: 4/6/2004 OrderCourt Filing
                                              ORDER by Mag Judge Virginia A. Mathis re: competency hearing held as to Keith Richard Kerna [67-2] - court finds that dft is not competent at this time; FURTHER ORDERED pursuant to 18:4241(d)(1), dft shall be committed to custody of the Attorney General for hospitalization and treatment for a reasonable period of time, not to exceed 4 months to determine whether there is a substantial probability that dft will attain the capacity to permit the case to proceed. The court recommends that since dft was previously treated and restored to comptency at the Springfield Medical facility that he be returned to that facility for this treatment. (CMM)
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                                                Blank 67 Filed: 4/2/2004, Entered: 4/5/2004, Terminated: 9/5/2008 Minutes-MiscellaneousCourt Filing
                                                FILED: 4/5/04) MINUTES: before Mag Judge Virginia A. Mathis. competency hearing held as to Keith Kerna Competency report was received from the doctor, hearing was held and the court finds that dft is not competent at this time to proceed with further hearings. A written order will follow sending dft for further evaluation [67-2] (CMM) Modified on 04/05/2004
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                                                  Blank 66 Filed: 3/31/2004, Entered: 3/31/2004 Order Returned Executed
                                                  ORDER executed on 3/16/04 as to defendant Keith Richard Kerna re order [65-1] . (CMM)
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                                                    Blank 65 Filed: 3/17/2004, Entered: 3/17/2004 OrderCourt Filing
                                                    ORDER by Mag Judge Virginia A. Mathis granting motion for order to transport dft to Dr. Jack Potts for evaulation [63-1] by Keith Richard Kerna; the US Marshal shall contact Dr. Potts to arrange for an appropriate time to conduct the evaluation prior to the next hearing date of 4/2/04, allowing sufficient time for preparation of a written report (CMM)
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                                                      Blank 64 Filed: 3/5/2004, Entered: 3/9/2004 Notice of Attorney Appearance - Defendant
                                                      NOTICE of substitution of attorney for USA : Darcy A Cerow appears and terminating attorney Ann Birmingham Scheel for USA (CMM)
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                                                        Blank 63 Filed: 3/5/2004, Entered: 3/8/2004, Terminated: 3/17/2004 Motion for Miscellaneous Relief
                                                        MOTION for order to transport dft to Dr. Jack Potts for evaulation [63-1] by Keith Richard Kerna (LCF)
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                                                          Blank 62 Filed: 3/5/2004, Entered: 3/8/2004 CJA 20 Appointment
                                                          CJA Form 20 copy 4 as to Keith Richard Kerna appointing, George Klink (LCF)
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                                                            Blank 61 Filed: 3/3/2004, Entered: 3/8/2004 Warrant Returned Executed
                                                            Supervised Release Violation WARRANT returned executed on 2/27/04 as to Keith Richard Kerna (LCF)
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                                                              Blank 60 Filed: 3/2/2004, Entered: 3/3/2004 OrderCourt Filing
                                                              ORDER by Mag Judge Virginia A. Mathis that a competency evaluation be performed for dft Keith Kerna pursuant to 18:4241; Dr. Jack Potts shall be appointed to perform the examination and file a report with the court within 1 week following the examination ; further hearing set for 2:00 4/2/04 for Keith Richard Kerna , before Mag Judge Virginia A. Mathis , excludable delay examination started (CMM)
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                                                                Blank 59 Filed: 2/27/2004, Entered: 3/2/2004 Minutes-MiscellaneousCourt Filing
                                                                FILED: 3/2/04) MINUTES: before Mag Judge Virginia A. Mathis Dft Keith Richard Kerna arrested on violation of supervised release and location of custody started ; initial appearance on violation held, dft appears with George Klink, appointed this date; withdrawing attorney Philip Austin Seplow for Keith Richard Kerna and substituting attorney George F Klink Dft ordered temporarily detained, court order for comeptency examiantion will be issued. Future hearings will be held after competency is determined. [59-3](CMM) Modified on 03/02/2004
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                                                                  Blank 58 Filed: 2/25/2004, Entered: 2/27/2004 Petition to Revoke Probation/Release
                                                                  PETITION TO REVOKE supervised release as to Keith Richard Kerna ; petition filed on 2/25/04. (CMM)
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                                                                    Blank -- Filed: 2/25/2004, Entered: 2/27/2004 Warrant Issued
                                                                    SUPERVISED RELEASE WARRANT issued for Keith Richard Kerna ; (CMM)
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                                                                      Blank 57 Filed: 2/23/2004, Entered: 2/25/2004 Order Returned Executed
                                                                      ORDER executed on 2/6/04 as to defendant Keith Richard Kerna re order [36-1] . (former emp)
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                                                                        Blank 56 Filed: 2/9/2004, Entered: 2/17/2004 OrderCourt Filing
                                                                        JUDGMENT and Commitment issued as to Keith Richard Kerna Keith Richard Kerna (1) count(s) 2-3. Dismissed at Sentencing , sentencing for Keith Richard Kerna (1) count(s) 1. Custody BOP for term of 27 MONHTHS (TIME SERVED); upon release placed on supervised release for term of 3 YEARS; S/A in amount of $100.00 , Case closed ; ordered by Judge Frederick J. Martone (CMM)
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                                                                          Blank 55 Filed: 2/9/2004, Entered: 2/17/2004 Minutes-MiscellaneousCourt Filing
                                                                          FILED: 2/12/04) MINUTES: before Judge Frederick J. Martone. Ct Rptr: Linda Schroeder-Willis. Sentencing held as to Keith Richard Kerna [55-2] (CMM)
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                                                                            Blank 54 Filed: 12/19/2003, Entered: 12/19/2003 Other Notice
                                                                            NOTICE re letter from Dept of Veterans Affairs by dft Keith Richard Kerna as to dft Keith Richard Kerna (LCF)
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                                                                              Blank 53 Filed: 12/19/2003, Entered: 12/19/2003 OrderCourt Filing
                                                                              ORDER by Judge Frederick J. Martone; The court has before it a copy of a letter from the Dept of Veteran Affairs to the dft/Keith R Kerna dated 11/19/03. The dft is advised not to communicate directly to this court. The dft is represented by counsel. Accordingly, the clerk is instructed to accept the letter for filing in this case and send a copy of it to all counsel of record, including the dft's lawyer. re: [53-1] (LCF)
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                                                                                Blank 49 Filed: 12/8/2003, Entered: 12/8/2003 OrderCourt Filing
                                                                                ORDER by Judge Frederick J. Martone re: motion to determine present mental condition pursuant to 18:4244 by dft Keith Richard Kerna [33-1] [33-1]; The Clerk of the Court, the United States Marshal, and the United States Attorney shall coordinate with the Warden of the Federal Bureau Medical Center, Devens, Massachusetts, so that sentencing in this case is scheduled immediately upon Mr. Kerna's arrival in this District. The United States Marshal shall ensure that the pharmacological regimen that the Federal Medical Center has put Mr. Kerna on is maintained to the including the time of sentencing. (LCF)
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                                                                                  Blank 52 Filed: 12/5/2003, Entered: 12/8/2003 Psychiatric Report +
                                                                                  PSYCHIATRIC/PHYSICAL evaluation report received as to Keith Richard Kerna (Certificate of Recovery and Req to Discharge from Psychiatric Hospitalization) (LCF)
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                                                                                    Blank 51 Filed: 12/5/2003, Entered: 12/8/2003 Psychiatric Report +
                                                                                    PSYCHIATRIC/PHYSICAL evaluation report received as to Keith Richard Kerna (Risk Assessment Panel Report) (LCF)
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                                                                                      Blank 50 Filed: 12/5/2003, Entered: 12/8/2003 Psychiatric Report +
                                                                                      PSYCHIATRIC/PHYSICAL evaluation report received as to Keith Richard Kerna (LCF)
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                                                                                        Blank 47 Filed: 9/3/2003, Entered: 9/3/2003 OrderCourt Filing
                                                                                        ORDER by Judge Frederick J. Martone that document of 8/15/03 from dft shall be accepted for filing and copies sent to cnsl of record; dft is advised again that all communications to crt should be thru cnsl as to Keith Richard Kerna re: [47-1] (former emp)
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                                                                                          Blank 48 Filed: 8/29/2003, Entered: 9/3/2003 Other NoticeCourt Filing
                                                                                          NOTICE re of ltr dated 8/15/03 to Judge Martone from dft by dft Keith Richard Kerna (former emp)
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                                                                                            Blank 44 Filed: 8/27/2003, Entered: 8/27/2003 OrderCourt Filing
                                                                                            ORDER by Judge Frederick J. Martone Crt has ltrs dated 7/28/03 and 8/7/03 from dft; Clk shall accept these ltrs for filing and send copies to cnsl of record; dft is advised again that all communications to crt should be thru cnsl as to Keith Richard Kerna re: [44-1] (former emp)
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                                                                                              Blank 42 Filed: 8/27/2003, Entered: 8/27/2003 OrderCourt Filing
                                                                                              ORDER by Judge Frederick J. Martone Crt has rcvd what appears to be a copy of a money mkt savings acct stmt; dft mailed this doc to crt; relevance of doc is not self-explanatory; Clk will accept it for filing and send copies to cnsl of record; dft is advised to direct his communications to crt thru cnsl as to Keith Richard Kerna re: [42-1] (former emp)
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                                                                                                Blank 46 Filed: 8/22/2003, Entered: 8/27/2003 Other NoticeCourt Filing
                                                                                                NOTICE re of ltr to Judge Martone dated 8/7/03 by dft Keith Richard Kerna as to dft Keith Richard Kerna (former emp)
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                                                                                                  Blank 45 Filed: 8/22/2003, Entered: 8/27/2003 Other NoticeCourt Filing
                                                                                                  NOTICE re of ltr addressed to Judge Martone dated 7/28/03 by dft Keith Richard Kerna as to dft Keith Richard Kerna (former emp)
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                                                                                                    Blank 43 Filed: 8/22/2003, Entered: 8/27/2003 Other Notice
                                                                                                    NOTICE re of money market savings stmt by dft Keith Richard Kerna as to dft Keith Richard Kerna (former emp)
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                                                                                                      Blank 41 Filed: 7/17/2003, Entered: 7/17/2003 OrderCourt Filing
                                                                                                      ORDER by Judge Frederick J. Martone denying motion for sentencing (to set sentencing date, dft feels competent to be sentenced) [40-1] by Keith Richard Kerna re: [41-1] (CMM) Modified on 07/17/2003
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                                                                                                        Blank 40 Filed: 7/3/2003, Entered: 7/8/2003, Terminated: 7/17/2003 Motion for Miscellaneous Relief
                                                                                                        MOTION for sentencing (to set sentencing date, dft feels competent to be sentenced) [40-1] by Keith Richard Kerna (CMM) Modified on 07/17/2003
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                                                                                                          Blank 39 Filed: 5/7/2003, Entered: 5/7/2003 Other NoticeCourt Filing
                                                                                                          NOTICE re of ltr to Judge Martone from dft, dated 2/18/03 re residence by dft Keith Richard Kerna (#98836-012, FMC Devens, P.O. Box 879 Unit N, Ayer MA 01432) (former emp)
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                                                                                                            Blank 38 Filed: 5/7/2003, Entered: 5/7/2003 Other NoticeCourt Filing
                                                                                                            NOTICE re of ltr to Judge Martone from dft undated re amended plea agreement by dft Keith Richard Kerna (#98836012, P.O. Box 6300, Florence AZ) (former emp)
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                                                                                                              Blank 37 Filed: 1/6/2003, Entered: 1/6/2003 Memorandum
                                                                                                              Memorandum to the Court re [36-1] by dft Keith Richard Kerna - dft has not yet been transported to Springfield as of 1/2/03 (CMM)
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                                                                                                                Blank 36 Filed: 12/9/2002, Entered: 12/9/2002 OrderCourt Filing
                                                                                                                ORDER by Judge Frederick J. Martone granting motion to determine present mental condition pursuant to 18:4244 by dft Keith Richard Kerna [33-1]; court finds that dft is presently not competent to be sentenced; in lieu of being sentenced to imprisonment, it is ordered that dft be committed to the custody of the Attorney General who shall hospitalize the dft for care and treatment in a suitable facility; this commitment constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the dft was found guilty, here, five years; further ordered that if the director of the facility in which the dft is hospitalized determines that the dft has recovered from his mental disease or defect within the meaning of 18:4244(e), the Attorney General shall transport the dft back to this district for sentencing by the most direct route possible so that he can be sentenced while still competent; in addition, the director shall review the dft's history and propose a plan that the court may consider to ensure that the dft is properly medicated while on supervised release, (REW)
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                                                                                                                  Blank 35 Filed: 12/2/2002, Entered: 12/9/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                  ( FILED: 12/5/02) MINUTES: before Judge Frederick J. Martone . Ct Rptr: Linda Schroeder-Willis ; status hearing held as to dft Keith Richard Kerna; granting motion to determine present mental condition pursuant to 18:4244 by dft Keith Richard Kerna [33-1]; court finds, hearing not required; dft's present mental condition is apparent; in lieu of being sentenced to imprisonment; court commmits dft to custody of Attorney General for commitment to a suitable facility for care or treatment; all pending deadlines vacated ; status hrg held ; sentencing vacated [35-2] (REW)
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                                                                                                                    Blank 34 Filed: 11/25/2002, Entered: 11/26/2002 Memorandum
                                                                                                                    Provisional Sentencing Memorandum (Notice) by pla USA as to dft Keith Richard Kerna (REW)
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                                                                                                                      Blank 33 Filed: 11/25/2002, Entered: 11/26/2002, Terminated: 12/9/2002 Motion for Miscellaneous Relief
                                                                                                                      MOTION to determine present mental condition pursuant to 18:4244 by dft Keith Richard Kerna [33-1] (REW)
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                                                                                                                        Blank 32 Filed: 11/18/2002, Entered: 11/19/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                        ( FILED: 11/19/02) MINUTES: before Judge Frederick J. Martone . Ct Rptr: Linda Schroeder-Willis . ; status hrg held re sentencing as to Keith Richard Kerna; cnsl shall review 18:4244 and rpt to crt (w/appropriate mtn) to assist crt in determining whether further evaluation is a viable alternative; cnsl shall file their memo NLT 11/25/02; status hearing/sentencing set for 3:30 12/2/02 for Keith Richard Kerna [32-2] (former emp)
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                                                                                                                          Blank 31 Filed: 11/14/2002, Entered: 11/15/2002 Other Notice
                                                                                                                          NOTICE re to crt re cnsl's visit w/dft 11/13/02 by dft Keith Richard Kerna as to dft Keith Richard Kerna (former emp)
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                                                                                                                            Blank 30 Filed: 11/13/2002, Entered: 11/15/2002 Other Notice
                                                                                                                            NOTICE re forced medication as to dft Keith Richard Kerna by pla USA (CMM)
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                                                                                                                              Blank 29 Filed: 11/4/2002, Entered: 11/7/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                              FILED: 11/5/02) MINUTES: before Judge Frederick J. Martone. Ct Rptr: Linda Schroeder-Willis. Court and counsel discuss dft Keith Richard Kerna's refusal to take his medication. Counsel for gov to research dft treatment options and submit a written report to the court no later than 11/13/02; ; sentencing reset for 4:00 11/18/02 for Keith Richard Kerna ; status hearing set for 4:00 11/18/02 for Keith Richard Kerna If dft has been taking his medication, he shall be transported for the hearing; if he has not been taking his medication, he shall not be transported for the hearing [29-2] (CMM)
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                                                                                                                                Blank 28 Filed: 10/28/2002, Entered: 10/28/2002 OrderCourt Filing
                                                                                                                                ORDER re Keith Richard Kerna by Judge Frederick J. Martone that dft be seen immediately by a psychiatrist employed by the federal government or providing contract services to federal pretrial prisoners; FURTHER ORDERED that medical personnel at CCA personally witness the dft take and swallow all medication used to treat dft's mental illness and prescribed to him by a psychiatrist or other medical professionsl; this medication includes, but is not limited to, Zyprexa, its generic or any other antipsychotic drug; the employee witnessing the taking of medication must keep a log with his/her signature indicating the medication was taken; FURTHER ORDERED that this order is to continue until the dft is sentenced on the charges currently pending in this case re: [28-1] (LAD)
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                                                                                                                                  Blank 27 Filed: 10/16/2002, Entered: 10/17/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                                  (FILED: 10/16/02) MINUTES: before Judge Frederick J. Martone Ct Rptr: Vicki Reger; this is the time set for sentencing; Court and counsel discuss dft's medical status; the Court directs the US Attorney (in cooperation with defense counsel) to prepare and submit to the Court a proposed order regarding medication to be given to the dft while incarcerated; sentencing reset for 3:00 11/4/02 for Keith Richard Kerna [27-2] (LAD)
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                                                                                                                                    Blank 26 Filed: 9/30/2002, Entered: 10/1/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                                    (FILED: 10/1/02) MINUTES: before Judge Frederick J. Martone Ct Rptr: Linda Schroeder-Willis; this is the time set for sentencing; the dft makes statements to the Court; defense counsel indicates that the dft has voluntarily refused his medication; (dft is removed from the Courtroom); sentencing will be continued until such time as dft is properly medicated; the prosecutor will contact CCA to ensure the dft is taking his medication and will contact the BOP re what programs are available for dft; sentencing reset for 1:30 10/16/02 for Keith Richard Kerna [cc: all counsel] [26-2] (LAD)
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                                                                                                                                      Blank 25 Filed: 9/25/2002, Entered: 10/1/2002 Sentencing Memorandum
                                                                                                                                      SENTENCING memorandum filed as to Keith Richard Kerna (LAD)
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                                                                                                                                        Blank 24 Filed: 9/12/2002, Entered: 9/13/2002 Objection to Presentence Investigation Report
                                                                                                                                        OBJECTIONS by Keith Richard Kerna to pre-sentence report . (LAD)
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                                                                                                                                          Blank 22 Filed: 7/11/2002, Entered: 7/16/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                                          ( FILED: 7/16/02) MINUTES: before Judge Frederick J. Martone Ct Rptr: Linda Schroeder-Willis Keith Richard Kerna (1) count(s) 1 enters a plea of guilty ; trial vacated; plea hrg held; sentencing set for 1:30 9/30/02 for Keith Richard Kerna ; counsel shall work with US Pretrial Officer regarding dft's psychiatric condition so that US Pretrial Officer can fully advise the Court of the dft's mental status prior to sentencing; either party may request a new psychiatric exam to aid the Court in sentencing or to determine if dft's guilty plea should be vacated [cc: all counsel] [22-3] (LAD)
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                                                                                                                                            Blank 23 Filed: 7/10/2002, Entered: 7/18/2002 Plea Agreement
                                                                                                                                            PLEA agreement filed as to Keith Richard Kerna (CMM)
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                                                                                                                                              Blank 21 Filed: 7/5/2002, Entered: 7/5/2002 Order
                                                                                                                                              MINUTE ORDER ; possible chg of plea hearing set for 3:00 7/11/02 for Keith Richard Kerna cc: usa/cnsl/pb/pts [21-2] (former emp)
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                                                                                                                                                Blank 20 Filed: 6/26/2002, Entered: 7/1/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                                                FILED: 7/1/02) MINUTES: before Mag Judge Virginia A. Mathis. dft Keith Richard Kerna arraigned; not guilty plea entered; Attorney present; , ; pretrial motions due 7/11/02 for Keith Richard Kerna ; trial set for 9:00 8/6/02 for Keith Richard Kerna [20-3] (CMM)
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                                                                                                                                                  Blank 19 Filed: 6/19/2002, Entered: 6/19/2002 Notice IssuedCourt Filing
                                                                                                                                                  NOTICE issued; arraignment set for 10:00 6/26/02 for Keith Richard Kerna before Mag Judge Virginia A. Mathis (LAD)
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                                                                                                                                                    Blank 18 Filed: 6/18/2002, Entered: 6/19/2002 Indictment
                                                                                                                                                    INDICTMENT by USA attorney Ann Birmingham Scheel. Counts filed against Keith Richard Kerna (1) count(s) 1, 2-3 (LAD)
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                                                                                                                                                      Blank 17 Filed: 5/28/2002, Entered: 5/28/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                                                      ( FILED: 5/28/02) MINUTES: before Magistrate Judge David K. Duncan. Dft Keith Kerna appears. Prelim hrg held, Secret Service Agent Eric Morgan sworn and examined. Probable cause found, dft held to answer before District Court [17-1] re: [17-1] [ 2:01-m -3241 ] (PKD)
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                                                                                                                                                        Blank 16 Filed: 5/22/2002, Entered: 5/28/2002 Order of DetentionCourt Filing
                                                                                                                                                        ORDER of detention pending trial by Mag Judge Virginia A. Mathis as to Keith Richard Kerna re: detention [16-1] [ 2:01-m -3241 ] (PKD)
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                                                                                                                                                          Blank 15 Filed: 5/22/2002, Entered: 5/28/2002 Minutes-MiscellaneousCourt Filing
                                                                                                                                                          ( FILED: 5/28/02) MINUTES: before Mag Judge Virginia A. Mathis. Dft Keith Kerna appears. Competency Hrg held; medical report received by the Court. Competency hrg submitted on report. Court finds that the dft is competent to stand trial. Detention submitted, dft detained as flight risk. Court gives leave to re-open detention hrg if new information is obtained. Prelim hrg set for 5/28/02 at 9:30 am before Judge Duncan. [15-1] re: [15-1] [ 2:01-m -3241 ] (PKD)
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                                                                                                                                                            Blank 14 Filed: 5/21/2002, Entered: 5/22/2002 OrderCourt Filing
                                                                                                                                                            MINUTE ORDER setting competency hearing for 5/22/02 at 3:15 pm before Magistrate Judge Virginia A. Mathis [14-1] re: [14-1] [ 2:01-m -3241 ] (PKD)
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                                                                                                                                                              Blank 13 Filed: 4/25/2002, Entered: 4/30/2002 Order Returned Executed
                                                                                                                                                              ORDER executed on 11/1/01 as to defendant Keith Kerna re order [9-1] . [ 2:01-m -3241 ] (PKD)
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                                                                                                                                                                Blank 12 Filed: 11/27/2001, Entered: 11/27/2001 OrderCourt Filing
                                                                                                                                                                ORDER by Mag Judge Virginia A. Mathis that dft Keith Richard Kerna is not competent at the time to stand trial and committing the dft to the custody of the Attorney General for hospitalization and treatment for a period of time not to exceed 4 months excludable delay XA started on 11/26/01 cc: usm/pts/cnsl] [ 2:01-m -3241 ] (SMM)
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                                                                                                                                                                  Blank 11 Filed: 11/26/2001, Entered: 11/27/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                  (FILED: 11/27/01) MINUTES: before Mag Judge Virginia A. Mathis. Ct Rptr: M01-127. Competency hearing submitted as to Keith Richard Kerna. The Court Finds that the dft is not competent to stand trial. Written order to follow. [cc: usm/pts/cnsl/vam] [11-1] re: [11-1] [ 2:01-m -3241 ] (SMM)
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                                                                                                                                                                    Blank 10 Filed: 11/19/2001, Entered: 11/19/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                    ( FILED: 11/19/01) Minute entry: The Psychiatric Examination report has been received from Dr Scialli re Keith Richard Kerna; a competency hearing is set before Judge Mathis on 11/26/01 at 1pm [10-1] re: [10-1] [ 2:01-m -3241 ] (PHR)
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                                                                                                                                                                      Blank 9 Filed: 10/11/2001, Entered: 10/15/2001 OrderCourt Filing
                                                                                                                                                                      ORDER by Mag Judge Virginia A. Mathis appointing John Scialli MD to perform psychiatric/psychological exam of Keith Richard Kerna within 30 days, and submit report to crt with copies to cnsl; USM to contact Dr. Scialli to arrange time for transport of dft for exam; excludable delay commences 10/2/01 and continues until crt rules on dft competency. re: [9-1] [ 2:01-m -3241 ] (KCB)
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                                                                                                                                                                        Blank 8 Filed: 10/11/2001, Entered: 10/11/2001 CJA 20 Appointment
                                                                                                                                                                        CJA Form 20 copy 4 as to Keith Richard Kerna appointing , Philip A Seplow [ 2:01-m -3241 ] (PHR)
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                                                                                                                                                                          Blank 7 Filed: 10/10/2001, Entered: 10/11/2001 Other Notice
                                                                                                                                                                          Approval of Dr. Scialli, MD for the purposes of a mental competency examination as to dft Keith Richard Kerna filed by dft [ 2:01-m -3241 ] (SMM)
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                                                                                                                                                                            Blank 6 Filed: 10/2/2001, Entered: 10/4/2001 OrderCourt Filing
                                                                                                                                                                            ORDER by Mag Judge Virginia A. Mathis mental competency examination ordered for Keith Richard Kerna The parties shall attempt to agree on an appropriate mental health examiner. If an agreement cannot be reached, the parties shall submit names, no later than 10/15/01 to the undersigned, and the Court will select an examiner. [ 2:01-m -3241 ] (SMM)
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                                                                                                                                                                              Blank 5 Filed: 10/2/2001, Entered: 10/4/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                              (FILED: 10/3/01) MINUTES: before Mag Judge Virginia A. Mathis. This Court will prepare a written order for a competency exam. The detention and preliminary hearings will be held after competency is determined as to Keith Richard Kerna. [cc: VAM] [5-1] re: [5-1] [ 2:01-m -3241 ] (SMM)
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                                                                                                                                                                                Blank 4 Filed: 9/27/2001, Entered: 10/1/2001 Financial Affidavit-CJA 23
                                                                                                                                                                                CJA Form 23 financial affidavit by Keith Richard Kerna [ 2:01-m -3241 ] (KCB)
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                                                                                                                                                                                  Blank 3 Filed: 9/27/2001, Entered: 10/1/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                  ( FILED: 9/28/01) MINUTES: before Mag Judge Lawrence O. Anderson. Ct Rptr: A01-137 Dft Keith Richard Kerna appears with Robert Storrs on behalf of assigned counsel, Philip Austin Seplow. First appearance of Keith Richard Kerna ; informed of rights, charges, etc. Status hrg re detention/prelim/mental competency set 10/2/01 at 3:00 pm before Mag Judge Mathis. [3-3] [ 2:01-m -3241 ] (KCB)
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                                                                                                                                                                                    Blank 2 Filed: 9/27/2001, Entered: 10/1/2001 Warrant Returned Executed
                                                                                                                                                                                    ARREST WARRANT returned executed on 9/27/01 as to Keith Richard Kerna [ 2:01-m -3241 ] (KCB)
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                                                                                                                                                                                      Blank -- Filed: 9/27/2001, Entered: 10/1/2001 Arrest
                                                                                                                                                                                      DEFENDANT Keith Richard Kerna arrested. [ 2:01-m -3241 ] (KCB)
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                                                                                                                                                                                        Blank 1 Filed: 9/26/2001, Entered: 10/1/2001 Complaint
                                                                                                                                                                                        COMPLAINT Keith Richard Kerna (1) count(s) cmp 18:871(a) Threats against Former President/Families [ 2:01-m -3241 ] (KCB) Modified on 10/01/2001
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                                                                                                                                                                                          Blank -- Filed: 9/26/2001, Entered: 10/1/2001 Warrant Issued
                                                                                                                                                                                          ARREST WARRANT issued for Keith Richard Kerna ; ordered by Mag Judge Lawrence O. Anderson [ 2:01-m -3241 ] (KCB)
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