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 52 |
Filed: 1/22/2014, Entered: None |
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Minutes of Proceedings: Status Conference before Judge Marco A. Hernandez as to Thomas Paul Marmaro. Defendant has waived appearance for this hearing and has filed a written waiver of speedy trial. ORDER: Granting 48 Motion to Continue / Reset AS FOLLOWS: Change of plea set for 1/27/2014 is vacated. Further Status Conference is set for 2/24/2014 at 10:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. Pursuant to defendant's waiver of speedy trial and pursuant to 18 U.S.C. §3161(h)(7)(A), the Court finds the ends of justice outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant the requested continuance is likely to result in a miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (§3161(h)(7)(B)(iv). Thus, excludable delay is granted until 2/24/2014. AUSA Johnathan S. Haub present as counsel for plaintiff(s). Attorney Laurie Shertz present as counsel for defendant(s). (Court Reporter Nancy Walker.) (mr) (Entered: 01/22/2014)
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| 51 |
Filed: 1/20/2014, Entered: None |
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Waiver of Speedy Trial by Thomas Paul Marmaro (Shertz, Laurie) (Entered: 01/20/2014)
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Request |
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| 50 |
Filed: 1/15/2014, Entered: None |
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Scheduling Order as to Thomas Paul Marmaro regarding Motion to Continue / Reset Plea Entry 48 : Status Conference is SET for 1/22/2014 at 10:30AM in Portland Courtroom 14B before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 01/15/2014)
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Request |
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| 49 |
Filed: 1/9/2014, Entered: None |
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Declaration by Laurie Shertz regarding Motion to Continue / Reset Plea Entry 48 filed by Defendant Thomas Paul Marmaro (Attachments: # 1 Attachment Letter of Craig Tanner, MD) (Shertz, Laurie) (Entered: 01/09/2014)
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Request |
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| 48 |
Filed: 1/9/2014, Entered: None |
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Motion to Continue / Reset Plea Entry by Defendant Thomas Paul Marmaro. (Shertz, Laurie) (Entered: 01/09/2014)
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Request |
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| 47 |
Filed: 11/18/2013, Entered: None |
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Minutes of Proceedings: Status Conference before Judge Marco A. Hernandez as to Thomas Paul Marmaro. Defendant has filed a written waiver of today's appearance as well as his right to speedy trial. ORDER: Granting 43 Motion to Continue / Reset as to Thomas Paul Marmaro (1) as follows: Change of Plea Hearing is RESET TO 1/27/2014 at 02:00PM in Portland Courtroom 14B before Judge Marco A. Hernandez. Pursuant to 18 U.S.C. §3161(h)(7)(A) the Court finds the ends of justice outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant the requested continuance is likely to result in a miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (§3161(h)(7)(B)(iv). Thus, excludable delay is granted until 1/27/2014. AUSA Johnathan S. Haub present as counsel for plaintiff(s). Attorney Laurie Shertz present as counsel for defendant(s). (Court Reporter Nancy Walker.) (mr) (Entered: 11/18/2013)
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Request |
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| 46 |
Filed: 11/14/2013, Entered: None |
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Waiver of Speedy Trial & Appearance at Status Conference by Thomas Paul Marmaro (Shertz, Laurie) (Entered: 11/14/2013)
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Request |
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| 45 |
Filed: 11/7/2013, Entered: None |
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Scheduling Order as to Thomas Paul Marmaro regarding Third Motion to Continue / Reset Plea Entry 43 . The court SETS a Status Conference for 11/18/2013 at 10:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez, and VACATES the change of plea hearing previously set for that same date and time. The defendant's appearance may be waived if he files a written waiver. Such waiver should also contain a waiver of speedy trial to a new plea date as set by court and counsel. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 11/07/2013)
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Request |
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| 44 |
Filed: 11/5/2013, Entered: None |
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Declaration by Laurie Shertz regarding Third Motion to Continue / Reset Plea Entry 43 filed by Defendant Thomas Paul Marmaro (Attachments: # 1 Attachment Letter of Dr. Jerry Larsen, MD Psychiatrist) (Shertz, Laurie) (Entered: 11/05/2013)
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Request |
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| 43 |
Filed: 11/5/2013, Entered: None |
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Third Motion to Continue / Reset Plea Entry by Defendant Thomas Paul Marmaro. (Shertz, Laurie) (Entered: 11/05/2013)
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Request |
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| 42 |
Filed: 9/27/2013, Entered: None |
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ORDER Granting 40 Motion to Continue / Reset as to Thomas Paul Marmaro (1). Change of Plea Hearing is RESET FROM 10/8/2013 TO 11/18/2013 at 10:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. Due to defendant's medical issues, and pursuant to defendant's waiver of speedy trial and 18 U.S.C. §3161(h)(7)(A), the court finds the ends of justice outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant the requested continuance is likely to result in a miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (§3161(h)(7)(B)(iv). Thus, excludable delay is granted until 11/18/2013. Due to the age of this case, no further extensions will be considered without a status conference with the court. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 09/27/2013)
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Request |
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| 41 |
Filed: 9/26/2013, Entered: None |
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Declaration by Laurie Shertz regarding Second Motion to Continue / Reset Plea Entry 40 filed by Defendant Thomas Paul Marmaro (Shertz, Laurie) (Entered: 09/26/2013)
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Request |
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| 40 |
Filed: 9/26/2013, Entered: None |
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Second Motion to Continue / Reset Plea Entry by Defendant Thomas Paul Marmaro. (Shertz, Laurie) (Entered: 09/26/2013)
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Request |
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| 39 |
Filed: 9/13/2013, Entered: None |
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ORDER Granting 37 Amended Motion to Continue / Reset and Finding as Moot 35 Motion to Continue (as it was refiled as amended motion 37 ) as to Thomas Paul Marmaro (1). Change of Plea Hearing is RESET FROM 9/17/2013 TO 10/8/2013 at 11:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. The previously-set trial date of 10/1/2013 is vacated. Pursuant to defendant's waiver of speedy trial and pursuant to 18 U.S.C. §3161(h)(7)(A), the court finds the ends of justice outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant the requested continuance is likely to result in a miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (§3161(h)(7)(B)(iv). Thus, excludable delay is granted until 10/8/2013. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 09/13/2013)
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Request |
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| 38 |
Filed: 9/12/2013, Entered: None |
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Amended Declaration regarding Amended Motion to Continue / Reset 37 filed by Defendant Thomas Paul Marmaro (Shertz, Laurie) (Entered: 09/12/2013)
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Request |
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| 37 |
Filed: 9/12/2013, Entered: None |
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Amended Motion to Continue / Reset by Defendant Thomas Paul Marmaro. (Shertz, Laurie) (Entered: 09/12/2013)
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Request |
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| 36 |
Filed: 9/10/2013, Entered: None |
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Declaration by Laurie Shertz regarding Motion to Continue / Reset Plea Entry 35 filed by Defendant Thomas Paul Marmaro (Shertz, Laurie) (Entered: 09/10/2013)
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Request |
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| 35 |
Filed: 9/10/2013, Entered: None |
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Motion to Continue / Reset Plea Entry by Defendant Thomas Paul Marmaro. (Shertz, Laurie) (Entered: 09/10/2013)
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Request |
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| 34 |
Filed: 7/29/2013, Entered: None |
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Scheduling Order as to Thomas Paul Marmaro. At counsel's request, Change of Plea Hearing is SET for 9/17/2013 at 10:30AM in Portland Courtroom 14B before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 07/29/2013)
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| 33 |
Filed: 7/19/2013, Entered: None |
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Order Appointing Co-Counsel (CJA 20) as to Thomas Paul Marmaro. IT IS ORDERED that CJA Attorney Ronald H. Hoevet is appointed, pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. § 3006A, as co-counsel for Thomas Paul Marmaro, effective July 11, 2013. See 1-page order attached. Signed on 7/19/2013 by Judge Marco A. Hernandez. (mr) (Entered: 07/19/2013)
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| 32 |
Filed: 7/8/2013, Entered: None |
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Minutes of Proceedings: Status Conference before Judge Marco A. Hernandez as to Thomas Paul Marmaro. 3-Day Jury Trial is RESET FROM 8/27/2013 TO 10/1/2013 at 09:00AM (date certain) in Portland Courtroom 14B before Judge Marco A. Hernandez. Counsel shall refer to the previously issued Trial Management Order for pretrial submission timelines. Pursuant to 18 U.S.C. §3161(h)(7)(A) the Court finds the ends of justice outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant the requested continuance is likely to result in a miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (§3161(h)(7)(B)(iv). Thus, excludable delay is granted until 10/1/2013. Counsel Present for Plaintiff: AUSA Johnathan S. Haub. Counsel Present for Defendant: Attorney Laurie Shertz. (Court Reporter Nancy Walker) (mr) (Entered: 07/09/2013)
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| 31 |
Filed: 6/6/2013, Entered: None |
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Notice of Attorney Appearance Laurie Shertz appearing for Thomas Paul Marmaro (Shertz, Laurie) (Entered: 06/06/2013)
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| 30 |
Filed: 5/28/2013, Entered: None |
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ORDER Granting Substitution of Counsel (CJA 20) as to Thomas Paul Marmaro. IT IS ORDERED that CJA Panel attorney Laurie Shertz is appointed pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. $ 3006A, as substitute counsel, relieving Assistant Federal Public Defender Thomas E. Price for Thomas Paul Marmaro, effective May 13, 2013. Signed on 5/28/2013 by Judge Marco A. Hernandez. (mr) (Entered: 05/29/2013)
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| 29 |
Filed: 5/21/2013, Entered: None |
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Minutes of Proceedings: Motion Hearing before Judge Marco A. Hernandez as to Thomas Paul Marmaro held on 5/21/2013 regarding Motion to Withdraw as Attorney by Thomas E. Price and for Substitution of Counsel 24 filed by Defendant Thomas Paul Marmaro. ORDER: Granting 24 Motion to Withdraw as Attorney. Mr. Price is relieved as counsel; Ms. Shertz is appointed as counsel for Thomas Paul Marmaro. 3-Day Jury Trial is RESET FROM 5/28/2013 TO 8/27/2013 at 09:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. Status Conference is set for 7/8/2013 at 03:30PM in Portland Courtroom 14B before Judge Marco A. Hernandez. Counsel shall refer to the previously issued Trial Management Order for pretrial submission timelines. Pursuant to 18 U.S.C. §3161(h)(7)(A) the Court finds the ends of justice outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant the requested continuance is likely to result in a miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (§3161(h)(7)(B)(iv). Thus, excludable delay is granted until 8/27/2013. Ordered by Judge Marco A. Hernandez. AUSA Johnathan S. Haub present as counsel for plaintiff(s). AFPD Thomas Eugene Price and CJA Attorney Laurie Shertz present as counsel for defendant(s). (Court Reporter Nancy Walker.) (mr) (Entered: 05/21/2013)
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Request |
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| 28 |
Filed: 5/10/2013, Entered: None |
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Scheduling Order as to Thomas Paul Marmaro regarding Motion to Withdraw as Attorney by Thomas E. Price and for Substitution of Counsel 24 . Upon agreement of counsel, Motion Hearing is SET for 5/21/2013 at 02:00PM in Portland Courtroom 14B before Judge Marco A. Hernandez. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 05/10/2013)
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Filed: 5/7/2013, Entered: None |
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Declaration by Thomas E. Price regarding Motion to Withdraw as Attorney by Thomas E. Price and for Substitution of Counsel 24 filed by Defendant Thomas Paul Marmaro. FILED UNDER SEAL. (mr) (Entered: 05/07/2013)
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| 26 |
Filed: 5/3/2013, Entered: None |
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ORDER Granting 25 Motion to Seal Ex Parte Declaration of Counsel in Support of Motion to Withdraw as Attorney as to Thomas Paul Marmaro (1). Ordered by Judge Marco A. Hernandez. (mr) (Entered: 05/03/2013)
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Request |
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| 25 |
Filed: 5/3/2013, Entered: None |
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Motion to Seal Ex Parte Declaration of Counsel in Support of Motion to Withdraw re Motion to Withdraw as Attorney by Thomas E. Price and for Substitution of Counsel 24 by Defendant Thomas Paul Marmaro. (Price, Thomas) (Entered: 05/03/2013)
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Request |
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| 24 |
Filed: 5/3/2013, Entered: None |
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Motion to Withdraw as Attorney by Thomas E. Price and for Substitution of Counsel by Defendant Thomas Paul Marmaro. (Price, Thomas) (Entered: 05/03/2013)
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Request |
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| 23 |
Filed: 4/17/2013, Entered: None |
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Defendant Information Relative to a Criminal Case Sheet as to Defendant Thomas Paul Marmaro. (In accordance with Fed. R. Crim. P. 49.1 this form document containing personal data identifiers is filed under seal). (cib) (Entered: 04/18/2013)
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| 22 |
Filed: 4/17/2013, Entered: None |
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Information as to Thomas Paul Marmaro (1) count(s) 1s - Theft of Government Money (cib) (Entered: 04/18/2013)
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Request |
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| 16 |
Filed: 3/13/2013, Entered: None |
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ORDER Granting 14 Motion to Continue / Reset as to Thomas Paul Marmaro (1). 3-Day Jury Trial is RESET FROM 3/26/2013 TO 5/28/2013 at 09:00AM in Judge Hernandez's Courtroom before Judge Marco A. Hernandez. Counsel shall refer to the previously issued Trial Management Order for pretrial submission timelines. Pursuant to 18 U.S.C. §3161(h)(7)(A) the Court finds the ends of justice outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant the requested continuance is likely to result in a miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny Defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (§3161(h)(7)(B)(iv). Thus, excludable delay is granted until 5/28/2013. No further continuances of this matter shall be granted without a status conference with the court. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 03/13/2013)
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Request |
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| 15 |
Filed: 3/7/2013, Entered: None |
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Declaration by Thomas E. Price regarding Unopposed Motion to Continue / Reset Trial Date 14 filed by Defendant Thomas Paul Marmaro (Price, Thomas) (Entered: 03/07/2013)
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Request |
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| 14 |
Filed: 3/7/2013, Entered: None |
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Unopposed Motion to Continue / Reset Trial Date by Defendant Thomas Paul Marmaro. (Price, Thomas) (Entered: 03/07/2013)
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Request |
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| 13 |
Filed: 1/14/2013, Entered: None |
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ORDER Granting 11 Motion to Continue / Reset as to Thomas Paul Marmaro (1). 3-Day Jury Trial is RESET FROM 1/29/2013 TO 3/26/2013 at 09:00AM in Judge Hernandez's Courtroom before Judge Marco A. Hernandez. Counsel shall refer to the previously issued Trial Management Order for pretrial submission timelines. Pursuant to 18 U.S.C. §3161(h)(7)(A) the Court finds the ends of justice outweigh the best interests of the public and the defendant in a speedy trial because the failure to grant the requested continuance is likely to result in a miscarriage of justice (§3161(h)(7)(B)(i)) and likely would deny Defendant's counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence (§3161(h)(7)(B)(iv). Thus, excludable delay is granted until 3/26/2013. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 01/14/2013)
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| 12 |
Filed: 1/10/2013, Entered: None |
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Declaration by Thomas E. Price regarding Unopposed Motion to Continue / Reset Trial Date 11 filed by Defendant Thomas Paul Marmaro (Price, Thomas) (Entered: 01/10/2013)
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Request |
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| 11 |
Filed: 1/10/2013, Entered: None |
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Unopposed Motion to Continue / Reset Trial Date by Defendant Thomas Paul Marmaro. (Price, Thomas) (Entered: 01/10/2013)
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| 10 |
Filed: 11/30/2012, Entered: None |
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Arrest Warrant Returned Executed on 11/28/12 as to Thomas Paul Marmaro. (cib) (Entered: 12/03/2012)
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| 9 |
Filed: 11/30/2012, Entered: None |
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Order Setting Conditions of Release as to Defendant Thomas Paul Marmaro. Signed on 11/28/2012 by Magistrate Judge Dennis J. Hubel. (kemc). (Entered: 11/30/2012)
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| 8 |
Filed: 11/28/2012, Entered: None |
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Request for Discovery by Thomas Paul Marmaro (Price, Thomas) (Entered: 11/28/2012)
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Request |
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| 7 |
Filed: 11/28/2012, Entered: None |
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Trial Management Order as to Thomas Paul Marmaro: A 3-DAY JURY TRIAL IS SET FOR JANUARY 29, 2013 AT 9:00 AM. (1) Fourteen days prior to trial the parties shall simultaneously file: (a) all motions in limine; (b) trial memoranda; (c) requested jury instructions (a paper copy and an electronic copy in a format compatible with Word Perfect on a CD-ROM); (d) proposed voir dire questions; (e) exhibit list; (f) exhibits - (copies of each numbered, copy-able exhibit shall be supplied to the court and opposing counsel; original exhibits shall be submitted at the time of trial; both the original and the judge's copies of exhibits shall be three-hole punched and placed into binders with clearly marked index tabs; and all staples and clips shall be removed from the copies of the exhibits which are placed in the three-ring binders); (g) expert witness list and summaries of any expert testimony; (h) verdict form; and (i) the government shall file a complete witness list. (2) Seven days prior to trial, by noon, any responses to the above documents shall be filed. NO LATE OR SUPPLEMENTAL FILINGS OF THE ABOVE PRETRIAL DOCUMENTS WILL BE RECEIVED WITHOUT JUST CAUSE SHOWN. PLEASE NOTE: Any rescheduling request of the trial date shall be made in writing at least two weeks prior to the trial date. Within the motion to continue, counsel needs to state if defendant agrees with the request and if opposing counsel agrees. The moving party should contact the other side and state their position within the motion. If any change in trial date is granted, the timeframes set out in this order shall apply to any new trial date. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 11/28/2012)
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| 6 |
Filed: 11/28/2012, Entered: None |
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Minutes of Proceedings:First Appearance, Arraignment, and Detention Hearing held before Magistrate Judge Dennis J. Hubel as to Defendant Thomas Paul Marmaro. Order appointing Assistant Federal Defender Thomas Price to represent the defendant. Defendant advised of rights. Defendant waived reading of the Indictment. Defendant to proceed as named. Defendant arraigned as to all Count(s) pending against him: Not guilty plea(s) entered. 3-day Jury Trial is set for January 29, 2013 at 09:00AM, before Judge Hernandez. Order that Discovery is due in 14 days. Detention Hearing held - defendant is released on his own recognizance. Jonathan Haub present as counsel for the government. Thomas Price present as counsel for the defendant. Court Reporter: KB/FTR. (kb) (Entered: 11/28/2012)
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| 5 |
Filed: 10/31/2012, Entered: None |
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Notice of Case Assignment to Judge Marco A. Hernandez. (cib) (Entered: 10/31/2012)
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| 3 |
Filed: 10/30/2012, Entered: None |
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Defendant Information Relative to a Criminal Case Sheet (In accordance with Fed. R. Crim. P. 49.1 this form document containing personal data identifiers is filed under seal.) as to Defendant Thomas Paul Marmaro (cib) (Entered: 10/31/2012)
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| 2 |
Filed: 10/30/2012, Entered: None |
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Indictment Unredacted Version Filed Under Seal as to Defendant Thomas Paul Marmaro (cib) (Entered: 10/31/2012)
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| 1 |
Filed: 10/30/2012, Entered: None |
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Indictment (Redacted) as to Thomas Paul Marmaro (1) count(s) 1-6 - False Claim. (cib) (Entered: 10/31/2012)
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