USA v. Gambino et al
Criminal Case New York Western District Court, Case No. 1:09-cr-00372
District Judge Richard J. Arcara, presiding

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No Logo Jason Schiavone, Defendant

Toggle Switch Represented by Dobozin & Danziger

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LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Designation: CJA Appointment Carl H. Dobozin +1 716 852 6905 +1 716 854 2780 carld@cdoblaw.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:

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Legal Document (Payment Possibly Required) 413 Filed: 1/10/2011, Entered: None
Sixth MOTION for Extension of Time to File by David Gambino as to David Gambino, Filippo Inglima, David Heidt, Patrick Higgins, Javier Feliciano, Patrick Callea, Jr, Salvatore Tafarella, Dana Iser, Steven Godinho, Jonathon Schiavone, Jason Schiavone, David Koch, Rosalie Toth, Dwayne Brinson, Timothy Higgins, Jason Brennan, Richard Foose, Dennis Heidt, Veronica Irene, Jonathan Sawulak, Mark Plauman, James Aronica, Peter Danna, Salvatore Montana. (Deal, Michael) (Entered: 01/10/2011)
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    Legal Document (Payment Possibly Required) 412 Filed: 1/7/2011, Entered: None
    Sixth MOTION for Extension of Time to File by David Gambino as to David Gambino, Filippo Inglima, David Heidt, Patrick Higgins, Javier Feliciano, Patrick Callea, Jr, Salvatore Tafarella, Dana Iser, Steven Godinho, Jonathon Schiavone, Jason Schiavone, David Koch, Rosalie Toth, Dwayne Brinson, Timothy Higgins, Jason Brennan, Richard Foose, Dennis Heidt, Veronica Irene, Jonathan Sawulak, Mark Plauman, James Aronica, Peter Danna, Salvatore Montana. (Deal, Michael) (Entered: 01/07/2011)
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      Legal Document (Payment Possibly Required) 402 Filed: 12/10/2010, Entered: None
      ORDER Setting Conditions of Release as to Jason Schiavone (11). Signed by Hon. Jeremiah J. McCarthy on 12/9/2010. (CMD) (Entered: 12/13/2010)
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        Legal Document (Payment Possibly Required) 398 Filed: 12/9/2010, Entered: None
        Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy:Status Conference re: pending bail violation as to Jason Schiavone held on 12/9/2010. Gov't understands based on PTS rpt, deft has successfully completed drug treatment program and USPO will be recommending release on previous conditions set by the court with recommendation other conditions be imposed, notes court had indicated it would hold violation in abeyance pending aforementioned development and would entertain mtn to dismiss without prejudice. USPO confirms deft's successful completion of drug treatment program, deft was released on 12-7-10, recommends pretrial s'vision as well as deft to reside at 24 Lincoln, Tonawanda, NY with girlfriend and children and not move without permission. Defense has no objection. COURT ORDERS DEFT RELEASED ON PREVIOUSLY IMPOSED CONDITIONS AND ADDITIONAL CONDITIONS RECOMMENDED BY USPO. Court congratulates deft with strong admonishment to comply with all conditions. COURT DISMISSED VIOLATION PETITION WITHOUT PREJUDICE. Time still excluded as to underlying case. AUSA J. Guerra, C. Dobozin w/deft and USPO J. Sirek. (Court Reporter FTR Gold.)(LL) (Entered: 12/09/2010)
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          Legal Document (Payment Possibly Required) 339 Filed: 9/17/2010, Entered: None
          AMENDED ORDER Setting Conditions of Release as to Jason Schiavone (11): Defendant released on personal recognizance. Signed by Hon. Jeremiah J. McCarthy on 8/10/2010.(CMD) (Entered: 09/17/2010)
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            Legal Document (Payment Possibly Required) 337 Filed: 9/14/2010, Entered: None
            ORDER FOR SALE OF REAL PROPERTY as to David Gambino, Filippo Inglima, David Heidt, Patrick Higgins, Javier Feliciano, Patrick Callea, Jr, Salvatore Tafarella, Dana Iser, Steven Godinho, Jonathon Schiavone, Jason Schiavone, David Koch, Rosalie Toth, Dwayne Brinson, Timothy Higgins, Jason Brennan, Richard Foose, Dennis Heidt, Veronica Irene, Jonathan Sawulak, Mark Plauman, James Aronica, Peter Danna, Salvatore Montana. Signed by Hon. Richard J. Arcara on 9/14/10.(DR) (Entered: 09/15/2010)
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              Legal Document (Payment Possibly Required) 335 Filed: 9/10/2010, Entered: None
              NOTICE by USA as to David Gambino, Filippo Inglima, David Heidt, Patrick Higgins, Javier Feliciano, Patrick Callea, Jr, Salvatore Tafarella, Dana Iser, Steven Godinho, Jonathon Schiavone, Jason Schiavone, David Koch, Rosalie Toth, Dwayne Brinson, Timothy Higgins, Jason Brennan, Richard Foose, Dennis Heidt, Veronica Irene, Jonathan Sawulak, Mark Plauman, James Aronica, Peter Danna, Salvatore Montana (Stipulation For Sale Of Real Property) (Kaufman, Richard) (Entered: 09/10/2010)
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                Legal Document (Payment Possibly Required) 332 Filed: 9/1/2010, Entered: None
                ORDER that the defendant be released from custody on September 1, 2010 to staff of Horizon Village in order to participate in their in-patient substance abuse treatment program as to Jason Schiavone. Signed by Hon. Jeremiah J. McCarthy on 9/1/10.(DR) (Entered: 09/01/2010)
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                  Legal Document (Payment Possibly Required) 327 Filed: 8/26/2010, Entered: None
                  ARREST Warrant Returned Executed on 8/4/10 in case as to Jason Schiavone. (DR) (Entered: 08/26/2010)
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                    Legal Document (Payment Possibly Required) 311 Filed: 8/12/2010, Entered: None Court Filing
                    Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy:Status Conference as to David Gambino, Filippo Inglima, David Heidt, Patrick Higgins, Javier Feliciano, Patrick Callea, Jr, Salvatore Tafarella, Dana Iser, Jonathon Schiavone, Jason Schiavone, Dwayne Brinson, Timothy Higgins, Jonathan Sawulak, James Aronica, Peter Danna, Salvatore Montana held on 8/12/2010. Discussion re: pending mtns requesting further extension of the scheduling order deadlines. Court notes pretrial mtns were due 8-2-10 under the 2nd Amended Scheduling Order, understands Gov't does not oppose instant mtns, deft Inglima filed mtn yesterday -- not before the court but permitted to be included in this proceeding without objection from the Gov't. Court further notes approaching one year since indictment returned on 11-18-09. Court will grant requests and admonishes all counsel THIS WILL BE THE LAST ADJOURNMENT [ (absent compelling reason(s) ] and suggest 60-day deadline for all defense mtns (recognizing some defts have requested 90 days). Gov't states some of the delay is attributed to graduated process of making plea offers to defts -- (8) defts have already pled [(7) before Judge Arcara and (1) before this court]. Gov't intends in the very near future to make sure offers are m ade to all defts, there has been various issues why plea offers have not been quicker, etc. Discussion re: timetable for 3rd Amended Scheduling Order -- ORDER TO FOLLOW. Time excluded, no days have elapsed, 70 days remain on the STA calendar. AUSA J. Guerra, M. Deal for deft Gambino, L. Anderson for deft David Heidt, J. St. Ledger-Roty for deft Iser, T. McKelvey for deft Brinson and J. Kubiniec for deft inglima. Defts waive appearance. (LL) (Entered: 08/12/2010)
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                      Legal Document (Payment Possibly Required) 299 Filed: 8/4/2010, Entered: None
                      Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy:Initial Appearance re Violation of Pre-Trial Release as to Jason Schiavone held on 8/4/2010, ( Bond Revocation Hearing set for 8/10/2010 02:30 PM before Hon. Jeremiah J. McCarthy.), Location start (LC) as to Jason Schiavone. Deft acknowledges receipt of viol rpt. Deft advised of right to viol hrg. Defense not requesting hrg now, reqs one week to conduct hrg, some of the charges in rpt will be admitted. Gov't reqs detention in the interim as proffered. Defense response/rebuttal proffer. Court notes deft has missed treatment sessions. USPO states deft missed treatment last nite as well and arrested today. COURT ORDERS DEFT DETAINED PENDING VIOLATION HRG. AUSA J. Guerra, C. Dobozin w/deft and USPO J. Sirek. (LL) (Entered: 08/04/2010)
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                        Legal Document (Payment Possibly Required) 165 Filed: 4/7/2010, Entered: None
                        NOTICE by USA as to David Gambino, Filippo Inglima, David Heidt, Patrick Higgins, Javier Feliciano, Patrick Callea, Jr, Salvatore Tafarella, Dana Iser, Steven Godinho, Jonathon Schiavone, Jason Schiavone, David Koch, Rosalie Toth, Dwayne Brinson, Timothy Higgins, Jason Brennan, Richard Foose, Dennis Heidt, Veronica Irene, Jonathan Sawulak, Mark Plauman, James Aronica, Peter Danna, Salvatore Montana Notice of Lis Pendens (Kaufman, Richard) (Entered: 04/07/2010)
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                          Legal Document (Payment Possibly Required) 136 Filed: 11/20/2009, Entered: None Court Filing
                          TEXT ORDER OF REFERRAL Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows:All pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including all pre-trial matters that a Magistrate Judge may hear and determine pursuant to 28 U.S.C. Section 636(b)(1)(A), and those which a Magistrate Judge may hear and thereafter file a report and recommendation for disposition pursuant to Section 636(b)(1)(B).All procedural aspects of matters properly before the Magistrate Judge under this Order, including scheduling and the filing of briefs or other supporting material, shall be determined by the Magistrate Judge. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. IT IS SO ORDERED. Signed by Hon. Richard J. Arcara on 11/20/09.(DR) (Entered: 03/15/2010)
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                            Legal Document (Payment Possibly Required) 129 Filed: 2/17/2010, Entered: None
                            CJA 20 as to Jason Schiavone: Appointment of Attorney Carl H. Dobozin for Jason Schiavone nunc pro tunc 1/21/10. Signed by Hon. Jeremiah J. McCarthy on 2/3/10.(DZ) (Entered: 02/22/2010)
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                              Legal Document (Payment Possibly Required) 112 Filed: 1/26/2010, Entered: None
                              Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: granting 107 Motion to Appoint Counsel Joseph A. Agro for David Koch appointed. as to David Koch (12). Status Conference as to David Gambino, Filippo Inglima, David Heidt, Patrick Higgins, Javier Feliciano, Patrick Callea, Jr, Salvatore Tafarella, Dana Iser, Steven Godinho, Jonathon Schiavone, Jason Schiavone, David Koch, Rosalie Toth, Dwayne Brinson, Timothy Higgins, Jason Brennan, Richard Foose, Dennis Heidt, Veronica Irene, Jonathan Sawulak, Mark Plauman, James Aronica, Peter Danna, Salvatore Montana held on 1/26/2010; Added attorney Joseph A. Agro as CJA Trial Panel Atty for David Koch. Gov't rpts there are a few items of discovery to be provided, technical difficulty re: transcripts, everything will be sent out later this week, lab rpts sent out and other rpts being sent out, discovery will be ongoing until completed. Scheduling order deadlines discussed/set -- PARTIES REMINDED IF NO MTNS FILED ON OR BEFORE 3-31-10 DIRECTED TO APPEAR BEFORE JUDGE ARCARA NO LATER THAN 4-1-10 TO SCHEDULED A TRIAL DATE. Time excluded, parties agree no days have elapsed, 70 days remain on the STA calendar, court will issue STA/scheduling order. AUSA Guerra advises there is no atty conflict issue as to defts Toth and Callea, Jr. by Atty Eoannou as stated on the record. As to deft Godinho -- Atty Daniels for Atty Henry -- Court addresses/admonishes deft Godinho re: Non-Compliance rpt dtd 1-23-10.Atty Agro (with deft Koch) proffer in support mtn for assignment of counsel as to deft Koch (#107) -- Gov't remains silent/defers to the court -- COURT'S COMMENTS/FINDINGS -- deft sworn, examined and determined eligible -- JOSEPH AGRO APPOINTED -- DEFT TO COMPLETE FIN'L AFFIDAVIT (CJA 23) FOR THE RECORD AS SOON AS POSSIBLE. Deft Gambino remanded. Deft/Atty attendance list attached. (LL) (LL) (Entered: 02/08/2010)
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                                Legal Document (Payment Possibly Required) 110 Filed: 1/27/2010, Entered: None
                                ORDER TO CONTINUE - Ends of Justice as to Jason Schiavone Time excluded from 1/19/10 until 1/26/10. Signed by Hon. Jeremiah J. McCarthy on 1/26/10.(DR) (Entered: 01/27/2010)
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                                  Legal Document (Payment Possibly Required) 108 Filed: 1/26/2010, Entered: None Court Filing
                                  SCHEDULING ORDER as to David Gambino, Filippo Inglima, David Heidt, Patrick Higgins, Javier Feliciano, Patrick Callea, Jr, Salvatore Tafarella, Dana Iser, Steven Godinho, Jonathon Schiavone, Jason Schiavone, David Koch, Rosalie Toth, Dwayne Brinson, Timothy Higgins, Jason Brennan, Richard Foose, Dennis Heidt, Veronica Irene, Jonathan Sawulak, Mark Plauman, James Aronica, Peter Danna, Salvatore Montana (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Oral Argument set for 5/20/2010 at 02:00 PM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 1/26/10.(DAZ) (Entered: 01/27/2010)
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                                    Legal Document (Payment Possibly Required) 106 Filed: 1/20/2010, Entered: None
                                    Appearance/Signature Bond Entered as to Jason Schiavone (JDK) (Entered: 01/22/2010)
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                                      Legal Document (Payment Possibly Required) 105 Filed: 1/20/2010, Entered: None
                                      ORDER Setting Conditions of Release as to Jason Schiavone (11) Signature. Signed by Hon. Jeremiah J. McCarthy on 1/19/10.(JDK) (Entered: 01/22/2010)
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                                        Legal Document (Payment Possibly Required) 103 Filed: 1/19/2010, Entered: None
                                        CJA 23 Financial Affidavit by Jason Schiavone. (JDK) (Entered: 01/22/2010)
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                                          Legal Document (Payment Possibly Required) 102 Filed: 1/19/2010, Entered: None
                                          Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy:Arraignment as to Jason Schiavone (11) Count 2,34 held on 1/19/2010. Defendant named in indictment dated 11/18/09, defendant acknowledged receipt of the same, government summarized charges and potential penalties. Defendant informed of rights. Defendant requested court appointed counsel. Defendant sworn examined and determined eligible. CJA attorney to be appointed. AFPD Humann to stand in for todays proceedings. Defendant waived reading of indictment and entered plea of not guilty. Government concurred with pretrial recommendation re: defendants release on non-financial bond plus conditions. Status conference is set for 1/26/2010 at 10:00am. Government moved to exclude time, 70 days remain. Appearances; Joseph Guerra, AUSA, John Humann, AFPD to assist the court today, Zenaida Piotrowicz, USPO (JDK) (Entered: 01/22/2010)
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                                            Sealed Legal Document 1 Filed: 11/18/2009, Entered: None
                                            SEALED INDICTMENT as to David Gambino (1) count(s) 1, 2, 3, 4, 16, 17, 18-22, 35, Filippo Inglima (2) count(s) 2, 3, 4, 17, 35, David Heidt (3) count(s) 2, 3, 8-9, 10, 11, 12, 13, 14, 23-33, 35, Patrick Higgins (4) count(s) 2, 3, 4, 15, 35, Javier Feliciano (5) count(s) 2, Patrick Callea, Jr (6) count(s) 2, 3, Salvatore Tafarella (7) count(s) 2, 3, Dana Iser (8) count(s) 2, Steven Godinho (9) count(s) 2, 5-7, Jonathon Schiavone (10) count(s) 2, Jason Schiavone (11) count(s) 2, 34, David Koch (12) count(s) 2, Rosalie Toth (13) count(s) 2, Dwayne Brinson (14) count(s) 2, Timothy Higgins (15) count(s) 2, Jason Brennan (16) count(s) 2, 18-22, Richard Foose (17) count(s) 2, 26-29, Dennis Heidt (18) count(s) 2, 24-25, Veronica Irene (19) count(s) 2, 12, 30, Jonathan Sawulak (20) count(s) 2, 23, Mark Plauman (21) count(s) 2, 31-33, James Aronica (22) count(s) 2, Peter Danna (23) count(s) 2, Salvatore Montana (24) count(s) 2. (DR) (Entered: 11/20/2009)
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