Free Letter Transmitting Notice of Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod Case 1:04-cr-00103-REB

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APPEAL

U.S. District Court District of Colorado (Denver) CRIMINAL DOCKET FOR CASE #: 1:04-cr-00103-REB-4

Case title: USA v. Schmidt, et al

Date Filed: 03/10/2004 Date Terminated: 05/05/2008

Assigned to: Judge Robert E. Blackburn Defendant (4) Charles Lewis TERMINATED: 05/05/2008 represented by Ronald Gainor Ronald Gainor, Attorney at Law 6414 Fairways Drive Longmont, CO 80503 303-448-9646 Fax: 303-447-0930 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Disposition Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served concurrently with each other, and 120 months on Count 41 to be served consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12 p.m. on June 2, 2008.

Pending Counts

CONSPIRACY (1ss)

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MAIL FRAUD (3ss)

Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served concurrently with each other, and 120 months on Count 41 to be served consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12 p.m. on June 2, 2008. Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served concurrently with each other, and 120 months on Count 41 to be served consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12 p.m. on June 2, 2008. Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served concurrently with each other, and 120 months on Count 41 to be served

MAIL FRAUD (5ss)

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FRAUD BY WIRE (16ss)

consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12 p.m. on June 2, 2008. Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served concurrently with each other, and 120 months on Count 41 to be served consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12 p.m. on June 2, 2008. Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served concurrently with each other, and 120 months on Count 41 to be served consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated

SECURITIES VIOLATIONS (21ss)

SECURITIES VIOLATIONS (22ss)

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by the Bureau of Prisons before 12 p.m. on June 2, 2008. Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served concurrently with each other, and 120 months on Count 41 to be served consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12 p.m. on June 2, 2008. Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served concurrently with each other, and 120 months on Count 41 to be served consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12 p.m. on June 2, 2008. Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served

SECURITIES VIOLATIONS (24ss)

FRAUDULENT INTERSTATE TRANSACTIONS (25sss)

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SECURITIES VIOLATIONS (28ss)

concurrently with each other, and 120 months on Count 41 to be served consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12 p.m. on June 2, 2008. Dft was found guilty on count(s) 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41 of the Second Superseding Indictment after a plea of not guilty; Dft to be imprisoned for 60 months on each of Counts, 1, 3, 21, 22, 24, 25, and 28, and 240 months on each of counts 5 and 16, to be served concurrently with each other, and 120 months on Count 41 to be served consecutively to the other counts, for a total term of 360 months; Upon release from imprisonment, dft shall be on supervised release for 3 years as to each of Counts 1, 3, 5, 16, 21, 22, 24, 25, 28, and 41, to be served concurrently; Assessment $1,000.00; No fine imposed; Dft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 12 p.m. on June 2, 2008.

MONEY LAUNDERING (41ss)

Highest Offense Level (Opening) Felony Terminated Counts 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1s) MAIL FRAUD (2ss) 18:1341.F FRAUDS AND SWINDLES Disposition Dismissed

Dismissed Dismissed Dismissed

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(4-10) 18:1341.F MAIL FRAUD; Aiding & Abetting (4s) MAIL FRAUD (4ss) 18:1341.F MAIL FRAUD; Aiding & Abetting (5s) 18:1341.F MAIL FRAUD; Aiding & Abetting (6s) MAIL FRAUD (6ss) 18:1341.F MAIL FRAUD; Aiding & Abetting (7s-10s) MAIL FRAUD (7ss) MAIL FRAUD (8ss) MAIL FRAUD (9ss) FRAUD BY WIRE (17ss) SECURITIES VIOLATIONS (20ss) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (21-22) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (21s) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (22s) SECURITIES VIOLATIONS (23ss) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (25-36) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (25s-28s) Dismissed Dismissed Dismissed

Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed

Dismissed

Dismissed Dismissed Dismissed

Dismissed

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SECURITIES VIOLATIONS (26ss) SECURITIES VIOLATIONS (27ss) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (29s-36s) SECURITIES VIOLATIONS (29ss) MONEY LAUNDERING (37ss) 18:1957-7600.F ENGAGING IN MONETARY TRANSACTIONS (47) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (47s) CRIMINAL FORFEITURE (48ss) 18:982.F CRIMINAL FORFEITURE (57) 18:981.F CIVIL FORFEITURE (57s) Highest Offense Level (Terminated) Felony Complaints None

Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed

Dismissed Dismissed Dismissed Dismissed

Disposition

Interested Party Tim Richardson

Interested Party John Schlabach TERMINATED: 06/06/2007

Interested Party Thomas H. Delay

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Plaintiff USA represented by Matthew T. Kirsch U.S. Attorney's Office-Denver 1225 17th Street East Seventeenth Street Plaza #700 Denver, CO 80202 303-454-0100 Fax: 303-454-0402 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Wyatt Burwell Angelo U.S. Attorney's Office-Grand Junction 402 Rood Avenue #220 Grand Junction, CO 81501 970-241-3843 Fax: 248-3630 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED James Sandy Russell U.S. Attorney's Office-Denver 1225 Seventeenth Street #700 Denver, CO 80202 303-454-0100 Fax: 303-454-0402 Email: [email protected] ATTORNEY TO BE NOTICED Lisa A Christian U.S. Attorney's Office-Denver 1225 Seventeenth Street #700 Denver, CO 80202 303-454-0100 Fax: 303-454-0404 Email: [email protected] ATTORNEY TO BE NOTICED Date Filed 03/10/2004 # 1 Docket Text INDICTMENT by USA Counts filed against Norman Schmidt (1) count (s) 1, 2-10, 11-22, 23-36, 37-39, 42, 44-55, 57 (klt) (Entered: 03/11/2004)

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INDICTMENT by USA Counts filed against Charles nmi Lewis (4) count(s) 1, 4-10, 21-22, 25-36, 47, 57 (klt) (Entered: 03/11/2004) ARREST Warrant issued for Charles nmi Lewis (klt) (Entered: 03/11/2004) NOTICE of related case by USA; this case is related to USA v Redstone, 03-RB-385; USA v Certain Bank Accts, 03-RB-403(CBS), 03-RB-799 (CBS); USA v Assets of Smitty's Motorsports, 03-RB-749; SEC v Capital Holdings, 03-RB-923 (klt) (Entered: 03/11/2004) MOTION to seal case by USA (klt) (Entered: 03/11/2004) ORDER by Magistrate Judge Patricia A. Coan granting motion to seal case [10-1] (Cert of Mailing) (klt) (Entered: 03/11/2004) ARREST of defendant Charles nmi Lewis on 3/16/04 (klt) (Entered: 03/19/2004)

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15

COURTROOM MINUTES Time Court Began: 3:06 Time Court Ended: 3:14 OF initial appearance before Magistrate Judge Michael J. Watanabe initial appearance of Charles nmi Lewis without counsel; detention, arraignment and discovery hearing set for 3/19/04 for Charles nmi Lewis; before Magistrate Judge Michael J. Watanabe; Court Reporter: FTR (klt) (Entered: 03/19/2004) CJA Form 23 (Financial Affidavit) as to Charles nmi Lewis (klt) (Entered: 03/19/2004) CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Ronald Gainor appointed for Charles Lewis by Magistrate Judge Michael J. Watanabe (former empl) (Entered: 03/22/2004) ARREST Warrant returned executed as to Charles nmi Lewis on 3/16/04 (klt) (Entered: 03/19/2004) DISCOVERY HEARING REPORT before Magistrate Judge Michael J. Watanabe estimated trial time of 6 weeks as to Jannice Schmidt. (former empl) (Entered: 03/23/2004) COURTROOM MINUTES Time Court Began: 11:15 am Time Court Ended: 11:25 am OF ARRAIG/ DISC/ DETEN before Magistrate Judge Michael J. Watanabe ; detention hearing set for 10:30 3/24/04 for Charles nmi Lewis ; arraignment set for 10:30 3/24/04 for Charles nmi Lewis before Magistrate Judge Patricia A. Coan ; disc conf set for 10:30 3/24/04 for Charles nmi Lewis ; deft remanded to the custody of the USM Court Reporter: FTR MJW AM (former empl) (Entered: 03/23/2004) TRIAL PREPARATION CONFERENCE ORDER by Judge Robert E. Blackburn ; pretrial motions due by 5:00 4/5/04 responses due 10 days thereafter for Jannice McLain Schmidt ; jury trial set for 10:30 5/24/04 for Jannice McLain Schmidt ; in-court hearing set for 10:00 4/20/04 for Jannice McLain Schmidt ; trial preparation conference set for 9:00

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5/21/04 for Jannice McLain Schmidt (Cert of Mailing) (former empl) (Entered: 03/23/2004) 03/22/2004 36 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Peter R. Bornstein appointed for Norman Schmidt by Magistrate Judge Michael J. Watanabe (ecm) (Entered: 03/26/2004) CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Thomas Edward Goodreid appointed for George Alan Weed by Magistrate Judge Patricia Coan (former empl) (Entered: 03/29/2004) COURTROOM MINUTES Time Court Began: 10:35 Time Court Ended: 1:15 before Magistrate Judge Patricia A. Coan; dft Charles Lewis arraigned; NOT GUILTY plea entered; Attorney present; 30 day min to trial 4/18/04; 70 day max to trial 5/25/04; 90 day custody limit 6/14/04; discov. rpt. executed; ORDER: deft shall be detained pending trial; deft remanded Court Reporter: FTR PAC AM (ecm) (Entered: 03/26/2004) DISCOVERY HEARING REPORT before Magistrate Judge Patricia A. Coan; 6 weeks estimated trial days as to Charles Lewis (ecm) (Entered: 03/26/2004) ORDER of Detention by Magistrate Judge Patricia A. Coan as to Charles nmi Lewis (former empl) (Entered: 03/29/2004) MINUTE ORDER; before Magistrate Judge Patricia A. Coan granting motion To Amend Conditions of Pretrial Release [35-1] dft may post bond through corporate surety (klt) (Entered: 03/30/2004) DISCOVERY HEARING REPORT before Magistrate Judge Patricia A. Coan estimated trial time of 6 weeks as to George Weed. (former empl) (Entered: 03/31/2004) DISCOVERY HEARING REPORT before Magistrate Judge Patricia A. Coan estimated trial time of 6 weeks as to Norman Schmidt. (former empl) (Entered: 03/31/2004) MINUTE ORDER before Judge Robert E. Blackburn; the govt and cocounsel shall file response to Jannice Schmidt's [54-1] motion to declare the case complex by c.o.b. 4/15/04; the deadline for pretrial motions is extended and will be set after this mtn is resolved (ecm) (Entered: 04/07/2004) MINUTE ORDER before Magistrate Judge Patricia A. Coan; GRANTING motion for a continuance [49-1]; initial appr is reset to 2:00 4/26/04 for George nmi Beros before Magistrate Judge Patricia A. Coan (ecm) (Entered: 04/07/2004) COURTROOM MINUTES CONTINUANCE OF DETENTION HEARING Time Court Began: 11:05 Time Court Ended: 12:04 before Magistrate Judge Patricia A. Coan; deft Norman Schmidt present w/counsel; ORDER: deft found to be a flight risk and danger to the public; deft shall be detained pending final resolution of this case; deft remande Court Reporter: FTR BNB AM (ecm) (Entered: 04/09/2004)

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CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Robert Berger appointed for Michael Smith by Magistrate Judge Boyd N. Boland (ecm) (Entered: 04/14/2004) RESPONSE by Charles Lewis to motion to declare the case complex [54-1] (ecm) (Entered: 04/13/2004) DISCOVERY HEARING REPORT before Magistrate Judge Boyd N. Boland; 6 weeks estimated trial days as to Michael Smith (ecm) (Entered: 04/14/2004) MINUTE ORDER before Judge Robert E. Blackburn; regarding [54-1] motion to declare the case complex, a status hearing set for 1:30 4/27/04; all parties shall be present (ecm) (Entered: 04/20/2004) MINUTE ORDER before Magistrate Judge Boyd N. Boland; GRANTING Michael Smith's Motion To Modify Travel Restriction in Conditions of Release [64-1] (ecm) (Entered: 04/20/2004) ORDER by Judge Robert E. Blackburn GRANTING George Weed's Motion For Appointment of Expert - Paralegal [72-1] (SUPPRESSED) (ecm) (Entered: 04/23/2004) MINUTE ORDER before Judge Robert E. Blackburn GRANTING deft George Peros Motion To Permit Attorney and Deft Beros to Participate in the Status Conference Via Telephone [78-1] (ecm) (Entered: 04/23/2004) MINUTE ORDER before Judge Robert E. Blackburn GRANTING Geroge Weed's Motion To Waive His Presence at the 27 April 2004 Hearing [80-1] (ecm) (Entered: 04/26/2004) MINUTE ORDER before Judge Robert E. Blackburn GRANTING Norman Schmidt's Motion To Permit Defendant to Attend Status Conference by Telephone [83-1] (ecm) (Entered: 04/27/2004) DISCOVERY HEARING REPORT before Magistrate Judge Craig B. Shaffer; 6 weeks estimated trial time as to George Beros (ecm) (Entered: 04/28/2004) COURTROOM MINUTES OF HEARING RE COMPLEXITY Time Court Began: 1:42 Time Court Ended: 1:55 before Judge Robert E. Blackburn; ORDER the motion to declare the case complex [54-1] is TAKEN UNDER ADVISEMENT; defts shall respond to govts proposed scheduling order on/before 5/11/04; Court Reporter: Suzanne Claar (ecm) (Entered: 04/28/2004) MINUTE ORDER before Judge Robert E. Blackburn; regarding [92-1] Motion For Review of Release Order Entered by the Magistrate Judge in the Eastern District of Washington, a bond hearing set for 10:00 5/5/04 for Michael nmi Smith (ecm) (Entered: 04/29/2004) ORDER by Judge Robert E. Blackburn GRANTING Motion to Declare the Case Complex [54-1]; the court finds the ends of justice served by

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granting the motion outweigh the best interest of the public and deft in a speedy trial; ORDER: the trial preparation conference, motions deadline and jury trial are VACATED; the court shall issue a separate sched. order (Cert of Mailing) (ecm) (Entered: 05/04/2004) 04/30/2004 96 SCHEDULING ORDER by Judge Robert E. Blackburn; motions for discov. and mtns to attack or to dismiss the IND are due on/before 9/27/04; govts responses are due 9/27/04; a motions hearing setting conf. shall be conducted by telephone at 9:00 10/25/04 to set all timely filed pretrial motions for hearing; defts shall file all remaining mtns including mtns for suppression of evid. and mtns to sever on/before 11/30/04; responses due on/before 12/31/04; a motions hearing setting conf. shall be conducted by phone at 9:00 7/30/05 he govt shall file on/before 12/31/04 its proffer under F.R.Ev. 801(d)(2)(E) re alleged coconspirator stmts; the govt shall file on/before 12/31/04 its Notice of Intent to Offer Evid. re 404(b); defts shall file all mtns or objections directed to the govts 801(d)(2)(E) and 404(b) proffers on/before 1/31/05; govt shall file its responses to the defts mtns or objections on/before 2/21/05; a motions hearing setting conf. shall be conducted by phone on 7/30/04 to set this case for trial and trial prep. conf. (Cert of Mailing) (ecm) (Entered: 05/04/2004) ORDER Re 404(b) Proffer by Judge Robert E. Blackburn; the govt shall file its proposed F.R.Ev. 404(b) proffer on matters which the govt intends to rely at trial (Cert of Mailing) (ecm) (Entered: 05/04/2004) ORDER For James Proffer by Judge Robert E. Blackburn; the govt shall file its James proffer in the form of a log in a spreadsheet or database format (Cert of Mailing) (ecm) (Entered: 05/04/2004) COURTROOM MINUTES OF MOTION HEARING Time Court Began: 10:20 Time Court Ended: 11:28 before Judge Robert E. Blackburn; deft Michael Smith present w/counsel; ORDER: the parties' cross-motions to amend extant conds. 5 & 12 of the extant release order are respectfully DENIED Court Reporter: Suzanne Claar (ecm) (Entered: 05/06/2004) CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Daniel T. Smith appointed for Janice Schmidt by Judge Robert E. Blackburn (ecm) (Entered: 05/21/2004) TRANSCRIPT of Hearing on Review of Release Order as to Michael Smith dated 5/5/04; copy; ( 42 pages) Prepared By: Suzanne Claar (ecm) (Entered: 05/20/2004) MINUTE ORDER before Magistrate Judge Michael J. Watanabe; GRANTING Janice Schmidt's Motion for permission to travel [115-1] (ecm) (Entered: 05/21/2004) ORDER by Judge Robert E. Blackburn GRANTING Michael Smith's Motion For Interim Payment (SUPPRESSED) [114-1] (Cert of Mailing) (ecm) (Entered: 06/02/2004)

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ORDER by Judge Robert E. Blackburn granting motion For Appointment of Expert [116-1], granting motion Appoint of Counsel (SUPPRESSED) [116-2] (Cert of Mailing) (lmk) (Entered: 06/21/2004) ORDER by Judge Robert E. Blackburn GRANTING Norman Schmidt's 848 application ex parte - expert [128-1] (SUPPRESSED) (ecm) (Entered: 06/22/2004) MINUTE ORDER before Judge Robert E. Blackburn GRANTING Motion For Appointment of Expert [116-1]; GRANTING Motion Appoint of Counsel (SUPPRESSED) [116-2] (ecm) (Entered: 06/18/2004) CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Thomas James Hammond appointed for Norman Schmidt by Judge Robert E. Blackburn (ecm) (Entered: 06/29/2004) MOTION For Payment in Excess (Suppressed) by Charles Lewis (ecm) (Entered: 07/06/2004) 848 Ex Parte Application - Expert (SUPPRESSED) as to Charles Lewis (ecm) (Entered: 07/16/2004) ORDER by Judge Robert E. Blackburn GRANTING Charles Lewis' Motion For Payment in Excess (Suppressed) [134-1] (Cert of Mailing) (ecm) (Entered: 07/16/2004) TRANSCRIPT of Detention Hearing of Norman Schmidt dated 4/7/04; copy; (43 pages) Prepared By: Avery (ecm) (Entered: 07/13/2004) TRANSCRIPT of Arraignment and Detention Hearing as to Norman Schmidt dated 4/2/04; copy; ( 58 pages) Prepared By: Avery (ecm) (Entered: 07/13/2004) MOTION to Disclose Grand Jury Material to Defendant by USA (ecm) (Entered: 07/16/2004) ORDER by Judge Robert E. Blackburn granting motion to Disclose Grand Jury Material to Defendant [141-1] (Cert of Mailing) (nmb) (Entered: 07/20/2004) MOTION to extend filing deadlines by Charles Lewis (nmb) (Entered: 07/21/2004) MINUTE ORDER; before Judge Robert E. Blackburn granting motion to Allow Alternate Counsel to Appear Solely for the Telephone Setting Conference on July 30, 2004 [144-1] as to Janice McLain Schmidt (nmb) (Entered: 07/26/2004) MINUTE ORDER; before Judge Robert E. Blackburn denying w/o prej motion to extend filing deadlines [143-1] (nmb) (Entered: 07/26/2004) SUPERSEDING indictment by USA; counts filed against Norman Schmidt (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s-10s, 11s-14s, 15s-20s, 21s, 22s, 23s-24s, 25s-28s, 29s-36s, 37s, 38s, 39s, 42s, 44s, 45s-46s, 47s, 48s,

06/07/2004

129

06/17/2004

125

06/17/2004

130

07/02/2004 07/06/2004 07/06/2004

134 139 140

07/12/2004 07/12/2004

135 136

07/15/2004 07/16/2004

141 142

07/20/2004 07/22/2004

143 145

07/22/2004 08/11/2004

146 153

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5/12/2008

CM/ECF - U.S. District Court:cod Case 1:04-cr-00103-REB

Document 1530-2

Filed 05/12/2008

Page 14 of 58 Page 14 of 58

49s, 50s, 51s-52s, 53s, 54s-55s, 57s, George Alan Weed (2) count(s) 1s, 3s, 4s, 5s, 6s, 7s-10s, 11s-14s, 15s-20s, 21s, 22s, 23s-24s, 25s-28s, 29s36s, 53s, 56s, 57s, Peter A.W. Moss (3) count(s) 1s, 4s, 5s, 6s, 7s-10s, 15s-20s, 21s, 22s, 23s-24s, 25s-28s, 29s-36s, 38s, 41s, 43s, 57s, Charles Lewis (4) count(s) 1s, 4s, 5s, 6s, 7s-10s, 21s, 22s, 25s-28s, 29s-36s, 47s, 57s, Jannice McLain Schmidt (5) count(s) 1s, 4s, 5s, 6s, 7s-10s, 21s, 22s, 25s-28s, 29s-36s, 40s, 49s, 56s, 57s, Michael Smith (6) count(s) 1s, 6s, 7s-10s, 21s, 22s, 29s-36s, 45s-46s, 50s, 57s, George Beros (7) count(s) 1s, 7s-10s, 22s, 29s-36s, 39s, 54s-55s, 57s (nmb) (Entered: 08/16/2004) 08/18/2004 154 MINUTE ORDER; before Magistrate Judge Patricia A. Coan ; rearraignment set for 11:00 9/2/04 before Magistrate Judge Boyd N. Boland as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros (nmb) (Entered: 08/18/2004) FIRST TRIAL PREPARATION CONFERENCE ORDER by Judge Robert E. Blackburn; jury trial set for 10:30 9/6/05; trial preparation conference set for 9:00 9/2/05 for Norman Schmidt, for George Alan Weed, for Peter A.W. Moss, for Charles Lewis, for Jannice McLain Schmidt, for Michael Smith, for George Beros (Cert of Mailing) (ecm) (Entered: 08/27/2004) ORDER: approving Form 21 Voucher for Expert other services Number 04090343 of Ronald Gainor for Charles Lewis (SUPPRESSED) (former empl) (Entered: 09/20/2004) ORDER: approving Form 21 Voucher for Expert other services Number 04090345 of Ronald Gainor for Charles Lewis (SUPPRESSED) (former empl) (Entered: 09/20/2004) ORDER: approving Form 21 Voucher for Expert other services Number 04090346 of Ronald Gainor for Charles Lewis (SUPPRESSED)g (former empl) (Entered: 09/20/2004) ORDER: approving Form 21 Voucher for Expert other services Number 04090348 of Ronald Gainor for Charles Lewis (SUPPRESSED) (former empl) (Entered: 09/20/2004) MINUTE ORDER; before Magistrate Judge Boyd N. Boland granting waiver [157-1]; deft's appr waived for arraignment (nmb) (Entered: 09/01/2004) COURTROOM MINUTES OF ARRAIGNMENT AND DISCOVERY HEARING Time Court Began: 11:01 Time Court Ended: 11:07 before Magistrate Judge Boyd N. Boland; GRANTING motion to withdraw; Robert Berger is relieved of any further duties in this case as to Michael Smith; dfts rearraigned; NOT GUILTY plea entered; Attorney present; defts remanded Court Reporter: FTR BNB PM (ecm) (Entered: 09/03/2004) MINUTE ORDER before Magistrate Judge Boyd N. Boland; GRANTING Written Waiver of Appearance and the Not Guilty Plea

08/26/2004

155

08/30/2004

179

08/30/2004

180

08/30/2004

181

08/30/2004

182

08/31/2004

159

09/02/2004

164

09/02/2004

166

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5/12/2008

CM/ECF - U.S. District Court:cod Case 1:04-cr-00103-REB

Document 1530-2

Filed 05/12/2008

Page 15 of 58 Page 15 of 58

[158-1] by George Beros (ecm) (Entered: 09/03/2004) 09/03/2004 167 COURTROOM MINUTES OF HEARING ON MOTION TO MODIFY BOND Time Court Began: 2:10 Time Court Ended: 3:10 before Magistrate Judge Boyd N. Boland; ORDER: GRANTING motion to modify conditions of release [162-1]; substitution of property for modifying the property bond is allowed; deft is allowed to travel to CA to consult w/atty; any other traveling restrictions are not altered and will remain unchanged; Court Reporter: FTR BNB PM (ecm) (Entered: 09/07/2004) ORDER by Judge Robert E. Blackburn GRANTING Motion for Expedited Hearing [160-1]; GRANTING in PART and DENYING in PART the motion to modify conditions of release [162-1]; the motion is GRANTED to allow substitution of the real property securing the defts $75,000 property bond; the court will allow substitution of the property upon 1. production of owndership and encumbrances re substituted property 2. execution of the substituted property of the required forms 3. release or other appropriate form of discharge of any security interest in the substituted property claimed by the USDC for the East. Dist. of WA; the mtn is GRANTED to allow deft to travel to and from his residence in WA and CA and DENIED in all other respects (Cert of Mailing) (ecm) (Entered: 09/09/2004) MINUTE ORDER; before Judge Robert E. Blackburn regarding [169-1] motion For Enlargement of Time to File Challenges the Superseding Indictment and Discovery Request; ptf and any deft not joining shall file response by 9/20/04 (nmb) (Entered: 09/16/2004) ORDER: approving 04091521 Interim Voucher Number 2 of Ronald Gainor for Charles Lewis (SUPPRESSED) (former empl) (Entered: 09/17/2004) ORDER by Judge Robert E. Blackburn GRANTING Jannice Schmidt's Motion For Appointment of Expert (SUPPRESSED) [171-1] (Cert of Mailing) (ecm) (Entered: 09/28/2004) MINUTE ORDER before Judge Robert E. Blackburn regarding [176-1] Motion For Revocation of Detention Order, a hearing set for 10:00 9/23/04 for Norman Schmidt (ecm) (Entered: 09/17/2004) MINUTE ORDER before Judge Robert E. Blackburn GRANTING Motion For Enlargement of Time to File Challenges to the Superseding Indictment and Discovery Request [169-1]; pretrial motions due 10/27/04 for Jannice McLain Schmidt (ecm) (Entered: 09/22/2004) MINUTE ORDER before Judge Robert E. Blackburn GRANTING Motion To Vacate and Reset Hearing on Motion for Revocation of Detention Order [189-1]; regarding [176-1] Motion For Revocation of Detention Order, the hearing is reset to 9:00 9/24/04 for Norman Schmidt (ecm) (Entered: 09/22/2004) AMENDED CERTIFICATE of Mailing by USA; the Response to

09/08/2004

170

09/09/2004

172

09/09/2004

174

09/15/2004

196

09/16/2004

177

09/21/2004

188

09/21/2004

190

09/22/2004

192

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5/12/2008

CM/ECF - U.S. District Court:cod Case 1:04-cr-00103-REB

Document 1530-2

Filed 05/12/2008

Page 16 of 58 Page 16 of 58

Motion for Revocation resent (ecm) (Entered: 09/23/2004) 09/23/2004 193 TRANSCRIPT of Arraignment, Discovery and Detention as to Charles Lewis dated 3/24/04; copy; (104 pages) Prepared By: Avery (ecm) (Entered: 09/24/2004) MOTION For Appointment of Expert (SUPPRESSED) by Charles Lewis (ecm) (Entered: 09/28/2004) MINUTE ORDER before Judge Robert E. Blackburn; regarding [176-1] Motion For Revocation of Detention Order; a detention hearing set for 1:30 9/28/04 for Norman Schmidt (ecm) (Entered: 09/27/2004) MOTION For Order Directing Defts to Make Disclosure Purs. to F.R.Cr.P. 16(b)(1) and to Preserve Notes, Documents, Correspondence and Recordings by USA (ecm) (Entered: 09/29/2004) COURTROOM MINUTES OF HEARING ON MOTION Time Court Began: 1:35 Time Court Ended: 2:09 before Judge Robert E. Blackburn; deft Norman Schmidt present w/counsel; ORDER: TAKING UNDER ADVISEMENT on the Motion For Revocation of Detention Order [1761] Court Reporter: Suzanne Claar (ecm) (Entered: 09/30/2004) MOTION For Appointment of Expert (SUPPRESSED) by Norman Schmidt, George Alan Weed, Charles Lewis, Jannice McLain Schmidt (ecm) (Entered: 10/04/2004) ORDER: approving Form 21 Voucher for Expert other services of Ronald Gainor for Charles Lewis (SUPPRESSED) (ecm) (Entered: 10/07/2004) ORDER by Judge Robert E. Blackburn GRANTING Charles Lewis' Motion For Appointment of Expert (SUPPRESSED) [197-1] (Cert of Mailing) (ecm) (Entered: 10/07/2004) MINUTE ORDER before Magistrate Judge O. E. Schlatter; regarding [198-1] Motion To Disqualify Defense Counsel, a hearing is set for 2:00 10/18/04 for Michael Smith (ecm) (Entered: 10/04/2004) TRANSCRIPT dated 9/2/04; copy; ( 5 pages) Prepared By: Avery (ecm) (Entered: 10/05/2004) ORDER by Judge Robert E. Blackburn DENYING Norman Schmidt's Motion For Revocation of Detention Order [176-1] (Cert of Mailing) (ecm) (Entered: 10/05/2004) MINUTE ORDER before Magistrate Judge O. E. Schlatter; regarding [198-1] Motion To Disqualify Defense Counsel, a hearing is set for 3:00 10/18/04 for Michael Smith before Mag. Judge Coan (ecm) (Entered: 10/08/2004) RESPONSE by USA to Motion To Dismiss Superseding Indictment [165-1] (ecm) (Entered: 10/19/2004) MINUTE ORDER before Judge Robert E. Blackburn GRANTING

09/23/2004 09/24/2004

197 194

09/27/2004

199

09/28/2004

200

09/28/2004

203

09/28/2004

207

09/28/2004

208

10/01/2004

202

10/04/2004 10/04/2004

204 205

10/07/2004

209

10/15/2004 10/19/2004

219 220

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5/12/2008

CM/ECF - U.S. District Court:cod Case 1:04-cr-00103-REB

Document 1530-2

Filed 05/12/2008

Page 17 of 58 Page 17 of 58

Motion To Continue Hearing on Govt's Motion to Diqualify Defense Counsel [212-1]; hearing reset to 1:30 10/28/04 for Michael Smith (ecm) (Entered: 10/20/2004) 10/19/2004 253 ORDER granting 203 Motion for Appointment of Expert (SUPPRESSED) as to Norman Schmidt (1), George Alan Weed (2), Charles Lewis (4), Jannice McLain Schmidt (5) (SUPPRESSED). Signed by Judge Robert E. Blackburn on 10/19/04. (ecm, ) Modified on 11/29/2004 to set access level (gag, ). (Entered: 11/23/2004) MINUTE ORDER before Judge Robert E. Blackburn; a hearing on all timely filed discov. motions and motions filed attacking the IND at 9:00 1/10/05 (ecm) (Entered: 10/26/2004) MOTION To Strike Surplusage From the Indictment by Charles Lewis (ecm) (Entered: 10/28/2004) UNOPPOSED MOTION To Adopt Motion Filings of Defendant Jannice Schmidt by Charles Lewis (ecm) (Entered: 10/28/2004) MINUTE ORDER; GRANTING govts 243 Unopposed Motion for Leave to File Out of Time Response to Motinos to Disclose Grand Jury Materials filed by USA . Signed by Judge Robert E. Blackburn on 10/28/04. (ecm, ) Modified on 11/10/2004 to set access level (gag, ). (Entered: 11/02/2004) CJA 21 Interim Payment For Expert Services as to Charles Lewis ; Voucher Number 041115/57 re Attorney Ronald Gainor. Payment Number 3 (SUPPRESSED) . Signed by Judge Robert E. Blackburn on 11/12/04. (ecm, ) (Entered: 12/02/2004) CJA 21 as to Charles Lewis: Authorization to Pay Ronald Ganor Voucher # 041123/50. . Signed by Judge Robert E. Blackburn on 11/17/2004. (SUPPRESSED; see cja supervising attorney) (slh, ) (Entered: 01/10/2005) NOTICE by Govt of Intent to File Motions Responses (ecm, ) (Entered: 11/29/2004) CONSOLIDATED RESPONSE by USA to Defts' Motions to Dismiss or Strike Special Allegations from the Superseding Indictment 230 , 225 , 241 as to George Beros, George Alan Weed, Jannice McLain Schmidt. (nmb, ) (Entered: 12/02/2004) MOTION for Appointment of Expert (SUPPRESSED) by Charles Lewis. (ecm, ) (Entered: 12/07/2004) CJA 21 as to Charles Lewis: Authorization to Pay Voucher # 041207/33. . Signed by Judge Robert E. Blackburn on 12/3/2004. (SUPPRESSED; see cja supervising attorney) (slh, ) (Entered: 01/10/2005) ORDER; GRANTING 270 Motion for Appointment of Expert (SUPPRESSED) as to Charles Lewis (4). Signed by Judge Robert E. Blackburn on 12/8/04. (ecm, ) (Entered: 12/30/2004)

10/25/2004

221

10/26/2004 10/26/2004 10/28/2004

222 223 247

11/12/2004

261

11/17/2004

293

11/19/2004 11/24/2004

258 265

12/01/2004 12/03/2004

270 297

12/08/2004

288

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5/12/2008

CM/ECF - U.S. District Court:cod Case 1:04-cr-00103-REB

Document 1530-2

Filed 05/12/2008

Page 18 of 58 Page 18 of 58

12/08/2004

296

CJA 21 as to Charles Lewis: Authorization to Pay Voucher # 041209/11. . Signed by Judge Robert E. Blackburn on 12/8/2004. (SUPPRESSED; see cja supervising attorney) (slh, ) (Entered: 01/10/2005) Govt's RESPONSE re 231 Motion for Discovery by Jannice McLain Schmidt (adopted by Charles Lewis ) 223 . (nmb, ) (Entered: 12/21/2004) Govt's RESPONSE to Motions to Adopt Other Motions 240 , 223 , 239 , 249 by George Alan Weed, Charles Lewis, Jannice McLain Schmidt, George Beros. (nmb, ) (Entered: 12/21/2004) Govt's CONSOLIDATED RESPONSE to deft Jannice McLain Schmidt's 226 Motion for 404(b) Disclosure, etc. (adopted by Charles Lewis 223 ) and deft Norman Schmidt's 235 Motion for Production of Bruton and Rule 801(d)(2)(E) Materials, etc. (nmb, ) (Entered: 12/21/2004) NOTICE of Intent to Seek Admission of Extrinsic Evidence of "Other Acts" Pursuant to F.R.Ev. 404(b) by Govt re Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros (ecm, ) (Entered: 01/03/2005) GOVT'S James Proffer re Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros (ecm, ) (Entered: 01/03/2005) CJA 21 : Authorization to Pay Ronald Gainor Voucher # 050105/42 as to Charles Lewis (SUPPRESSED) . Signed by Judge Robert E. Blackburn on 1/3/05. (ecm, ) SEE CJA SUPERVISING ATTORNEY (Entered: 01/18/2005) MOTION for Appointment of Expert (SUPPRESSED) by Charles Lewis. (ecm, ) (Entered: 01/18/2005) MOTIONS HEARIN AGENDA Signed by Judge Robert E. Blackburn on 1/6/05. (ecm, ) (Entered: 01/12/2005) ORDER; GRANTING 307 Motion for Appointment of Expert (SUPPRESSED) as to Charles Lewis . Signed by Judge Robert E. Blackburn on 1/13/05. (ecm, ) (Entered: 01/28/2005) Minutes for Motion Hearing held before Judge Robert E. Blackburn as to Norman Schmidt, George Alan Weed, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros; REFER TO AMENDED MINUTES this date. (Court Reporter Suzanne Claar.) (nmb, ) (Entered: 02/03/2005) AMENDED Minutes for Motion Hearing continued from January 10, 2005 held before Judge Robert E. Blackburn as to Norman Schmidt, George Alan Weed, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros: TAKEN UNDER ADVISEMENT 106 Motion for Exculpatory and Mitigatory Evidence filed by George Beros; re 238 Motion for Discovery of Information Concerning Inducements to Witnesses for Their Testimony and Information of Bias or Impairment by Norman Schmidt, Court's ruling coincides or parallels with the relief

12/13/2004 12/13/2004

279 280

12/13/2004

283

12/30/2004

289

12/30/2004

290

01/03/2005

308

01/04/2005 01/06/2005 01/13/2005

307 301 321

01/20/2005

323

01/20/2005

324

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5/12/2008

CM/ECF - U.S. District Court:cod Case 1:04-cr-00103-REB

Document 1530-2

Filed 05/12/2008

Page 19 of 58 Page 19 of 58

afforded the defts w/respect to the similar motions, and that is little govt in the time now specified by the court, shall provide this information in the form of hard copy or direct w/specificity to the information that they seek; GRANTING 108 Motion to Disclose Prior Arrest and/or Conviction Record of Any Government Witness and Motion to Require the Government to Reveal any Past Agreement(s) Entered Into Between the Government and any Prosecution Witness filed by George Beros; RESOLVED PRO TANTO 233 Motion for Preservation and Production of Rough Interview Notes filed by Norman Schmidt; TAKEN UNDER ADVISEMENT 199 Motion for Order Directing Defendants Make Disclosure Pursuant to Fed.R.Crim.P. 16(b)(1) and to Preserve Notes, Documents, Correspondence and Recordings filed by USA; DENYING 102 Motion for Voir Dire of Identification Witnesses and for Order Disclosing Other Evidence Use in the Identification Procedure filed by George Beros; GRANTING 231 Motion for Discovery filed by Jannice McLain Schmidt; GRANTING 103 Motion to Require the Government to Reveal any Past Agreement Entered Into Between the Government and any Prosecution Witness that Could Conceivably Influence his Testimony filed by George Beros, govt shall w/in 7 days provide to defts in paper or identify w/specificity where discovery may be found; RESOLVED PRO TANTO 109 Motion for Order to Preserve Investigative Notes and Tapes and Notice to the Government filed by George Beros; TAKEN UNDER ADVISEMENT pending the need for further hearing 236 Motion to Order Government to Designate Documentary Evidence filed by Norman Schmidt; TAKEN UNDER ADVISEMENT 110 Motion for Production of Law Enforcement Interview Notes with Individuals Who Will Not be Witnesses at Trial filed by George Beros, Court will issue ruling in writing; TAKEN UNDER ADVISEMENT 111 Motion for Disclosure of Confidential Government Informant filed by George Beros; TAKEN UNDER ADVISEMENT 99 Letter to Government Requesting Brady Material filed by George Beros. Charles Lewis' Oral Motion for an Extension of Time in Which to Respond to 801K2E to file responses is GRANTED; deft shall have until 3/7/05; govt replies due 21 days thereafter. (Court Reporter Suzanne Claar.) (nmb, ) (Entered: 02/03/2005) 01/20/2005 ORDER pursuant to minutes this date: TAKEN UNDER ADVISEMENT: 106 Motion for Exculpatory and Mitigatory Evidence, 199 Motion for Order Directing Defendants Make Disclosure Pursuant to Fed.R.Crim.P. 16(b)(1) and to Preserve Notes, Documents, Correspondence and Recordings, 236 Motion to Order Government to Designate Documentary Evidence, 110 Motion for Production of Law Enforcement Interview Notes with Individuals Who Will Not be Witnesses at Trial, 99 Letter to Government Requesting Brady Material, 111 Motion for Disclosure of Confidential Government Informant. re 238 Motion for Discovery of Information Concerning Inducements to Witnesses for Their Testimony and Information of Bias or Impairment. GRANTING: 108 Motion to Disclose Prior Arrest and/or Conviction Record of Any Government Witness and Motion to Require the Government to Reveal any Past Agreement(s) Entered Into Between the

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5/12/2008

CM/ECF - U.S. District Court:cod Case 1:04-cr-00103-REB

Document 1530-2

Filed 05/12/2008

Page 20 of 58 Page 20 of 58

Government and any Prosecution Witness, 231 Motion for Discovery, 103 Motion to Require the Government to Reveal any Past Agreement Entered Into Between the Government and any Prosecution Witness that Could Conceivably Influence his Testimony. RESOLVED PRO TANTO: 233 Motion for Preservation and Production of Rough Interview Notes, 109 Motion for Order to Preserve Investigative Notes and Tapes and Notice to the Government. DENYING: 102 Motion for Voir Dire of Identification Witnesses and for Order Disclosing Other Evidence Use in the Identification Procedure. (nmb, ) (Entered: 02/03/2005) 01/21/2005 316 Joint STATUS REPORT by USA, George Alan Weed as to Norman Schmidt, George Alan Weed, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros. (nmb, ) (Entered: 01/26/2005) MINUTE ORDER by Judge Robert E. Blackburn re 316 Joint Status Report; Motions under Rule 41(g) due by 2/25/2005; parties shall file follow up report by 3/31/05. (nmb, ) (Entered: 01/27/2005) STATUS REPORT Concerning Court Order Re: Discovery of January 20, 2005 by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros (ecm, ) (Entered: 02/01/2005) CJA 21 Interim Payment For Expert Services; Voucher Number 050208/44 re Attorney Ronald Gainor as to Charles Lewis. Payment Number 6 (SUPPRESSED) . Signed by Judge Robert E. Blackburn on 2/4/05; SEE CJA SUPERVISING ATTORNEY . (ecm, ) (Entered: 02/15/2005) CJA 21: Authorization to Pay Investigator for Expert Services as to Charles Lewis (SUPPRESSED); Signed by Judge Robert E. Blackburn on 2/4/05; SEE CJA SUPERVISING ATTORNEY. (ecm, ) (Entered: 02/17/2005) MOTION for Hearing on Status of Representation of Defendant Michael Smith by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros. (ecm, ) (Entered: 03/04/2005) MINUTE ORDER; a Status Conference set for 3/11/2005 03:00 PM before Judge Robert E. Blackburn; the court will address the issue of the trial date and further deadlines that need to be set. (ecm, ) (Entered: 03/04/2005) MINUTE ORDER; re 290 Govt's 801(d)(2)(E) and 404(b) Proffers; a Hearing is set for 8/12/2005 at 09:00 AM; if necessary, the hearing shall be cont. ti 8/19/05; Motion Hearing is set for 8/26/2005 09:30 AM re motions to suppress the search warrants before Judge Robert E. Blackburn. (ecm, ) (Entered: 03/04/2005) CJA 21: Authorization to Pay Duplication Services as to Charles Lewis for Expert Services (SUPPRESSED) SEE CJA SUPERVISING ATTORNEY. Signed by Judge Robert E. Blackburn on 3/4/05. (mjg, )

01/25/2005

317

01/28/2005

322

02/04/2005

333

02/04/2005

335

02/28/2005

342

02/28/2005

343

02/28/2005

344

03/04/2005

366

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CM/ECF - U.S. District Court:cod Case 1:04-cr-00103-REB

Document 1530-2

Filed 05/12/2008

Page 21 of 58 Page 21 of 58

(Entered: 03/17/2005) 03/04/2005 372 CJA 21: Authorization to Pay Paralegal Services as to Charles Lewis for Expert Services (SUPPRESSED) SEE CJA SUPERVISING ATTORNEY. Signed by Judge Robert E. Blackburn on 3/4/05. (mjg, ) (Entered: 03/17/2005) RESPONSE and Objections to the 290 Govts James Proffer by Charles Lewis (ecm, ) (Entered: 03/10/2005) Minutes of Status Conference before Judge Robert E. Blackburn: defts Norman Schmidt, Charles Lewis, Jannice McLain Schmidt and Michael Smith present w/counsel; defts George Alan Weed and George Beros appearances are waived; ORDER: GRANTING 362 Motion for Leave to Appear by Telephone by Robert Sticht filed by Michael Smith; GRANTING 359 Motion for Extension of Time to File Response to Schmidt's Motion for Return of Property filed by govt; GRANTING 357 Motion for Enlargment of Time to Supplement Schmidt's Response to Govts James Proffer filed by Norman Schmidt; deft Schmidt shall have 3 weeks from todays date to file a supplement; ORDER: Motions to Suppress are due 4/1/2005; Responses due 4/22/2005; court in recess (Court Reporter Suzanne Claar.) (ecm, ) (Entered: 03/15/2005) FOLLOW-UP STATUS REPORT re Computer Evidence by USA as to Norman Schmidt, George Alan Weed, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros. (mjg, ) (Entered: 04/04/2005) RESPONSE & Objections to the 289 Govts Notice of Intent to Seek Admission of Extrinsic Evidence of Other Acts Pursuant to F.R.Ev. 404 (b) by Charles Lewis (ecm, ) (Entered: 04/04/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050413/58 re Investigator Payment Number 2 (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 4/7/05. (mjg, ) (Entered: 04/18/2005) CJA 21: Authorization to Pay Duplication Services as to Charles Lewis for Expert Services (SUPPRESSED); Voucher# 050413/60; SEE CJA SUPERVISING ATTORNEY. Signed by Judge Robert E. Blackburn on 4/7/05. (mjg, ) (Entered: 04/18/2005) MOTION To Adopt Defendant Norman Schmitdt's Motion To Suppress Evidence Seized Pursuant To Four Search Warrants by Charles Lewis. (mjg, ) (Entered: 04/15/2005) MOTION for Extension of Time to File Responses to Objections to 404 (b) Proffer by USA as to Norman Schmidt, Charles Lewis, Jannice McLain Schmidt, George Beros. (ecm, ) (Entered: 04/18/2005) CJA 21 Interim Payment For Expert Services re Investigator as to Charles Lewis (SUPPRESSED); Voucher Number 050420/47. Signed by Judge Robert E. Blackburn on 4/14/05. (mjg, ) (Entered: 04/25/2005) MOTION For Authorization For Investigator Fees (2nd Request) by

03/07/2005 03/11/2005

353 364

03/31/2005

380

04/01/2005

385

04/07/2005

404

04/07/2005

405

04/12/2005

402

04/14/2005

407

04/14/2005

414

04/15/2005

409

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Charles Lewis. (SUPPRESSED) (mjg, ) (Entered: 04/19/2005) 04/15/2005 04/21/2005 410 415 MOTION For Authorization For Paralegal Fees by Charles Lewis. (SUPPRESSED) (mjg, ) (Entered: 04/19/2005) UNOPPOSED MOTION/Request for Extension of Time to File Reply as to 351 , 353 , 354 , 392 , 360 , and 351 Defendants' Responses To James Proffer by USA as to Norman Schmidt, George Alan Weed, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros. (mjg, ) (Entered: 04/26/2005) MINUTE ORDER; GRANTING 415 MOTION for Extension of Time to File Reply to Defts Reponses to James Proffer filed by USA; Reply due 4/25/2005 by Judge Robert E. Blackburn (ecm, ) (Entered: 04/27/2005) Pursuant to Minute Order: granting 415 Motion for Extension of Time to File Reply (ecm, ) (Entered: 04/27/2005) 418 CONSOLIDATED Reply by USA to Defendants Responses to James Proffer re 360 Response, 354 Response, 351 Response (ecm, ) (Entered: 04/27/2005) NOTICE Of Preliminary Disclosure Regarding Expert Witness Tesimony by USA as to Norman Schmidt, George Alan Weed, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros (mjg, ) (Entered: 05/03/2005) GOVT'S Bruton Log as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros (ecm, ) (Entered: 05/06/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis (SUPPRESSED); Voucher Number 050513/45 re Paralegal Services . Signed by Judge Robert E. Blackburn on 5/5/05. (mjg, ) (Entered: 05/23/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis (SUPPRESSED); Voucher Number 050513/57 re Investigator. Payment Number 3; SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 5/5/05. (mjg, ) (Entered: 05/23/2005) ORDER denying 409 Motion as to Charles Lewis (4) [SEALED]. Signed by Judge Robert E. Blackburn on 5/13/05. (mjg, ) (Entered: 05/17/2005) ORDER signed by Judge Robert E. Blackburn on 5/13/05DENYING 244 Motion to Dismiss Counts of Indictment as to Norman Schmidt (1); GRANTING 241 Motion to Strike Surplusage from Indictment as to George Alan Weed (2); GRANTING in part as to paragraphs 29-35 and DENYING in part as to paragraphs 19(b) and (h) 222 Motion to Strike Surplusage from Indictment as to Charles Lewis (4); GRANTING 225 Motion to Dismiss Indictment or in the Alternative, to Strike Paragraphs 29 Through 35 as to Jannice McLain Schmidt (5); DENYING 227 Motion to Strike Surplusage from the Indictment as to Jannice McLain Schmidt (5); GRANTING in part as to paragraphs 29-35 and DENYING

04/25/2005

416

04/25/2005 04/25/2005

04/29/2005

420

05/05/2005

422

05/05/2005

430

05/05/2005

431

05/13/2005 05/13/2005

427 429

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in part as it impugns the impartiality of the grand jury 230 Motion to Dismiss Superseding Indictment as to George Beros (7). (nmb, ) (Entered: 05/20/2005) 05/13/2005 434 CJA 21 Interim Payment For Expert Services as to Charles Lewis (SUPPRESSED); Voucher Number 050517/91 re Investigator. . Signed by Judge Robert E. Blackburn on 5/13/05. (mjg, ) (Entered: 05/23/2005) RESPONSE by USA To defendants' Objections To Proffer Of "Other Acts" Evidence as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros (mjg, ) (Entered: 05/20/2005) ORDER denying 410 Motion For Authorization For Paralegal Fees as to Charles Lewis (4)[SEALED]. Signed by Judge Robert E. Blackburn on 5/16/05. (mjg, ) (Entered: 05/23/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050602/66 re Investigator. Payment Number not noted (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 5/24/05. (ecm, ) (Entered: 06/08/2005) DISCLOSURE OF EXPERT WITNESS OPINION by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros (nmb, ) (Entered: 06/03/2005) MOTION for Payment in Excess (SUPPRESSED) by Charles Lewis. (mjg, ) (Entered: 06/03/2005) EX PARTE MOTION for Payment in Excess (2nd request) (SUPPRESSED) by Charles Lewis. (mjg, ) (Entered: 06/03/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050602/69 re Paralegal; Payment Number not noted (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 6/1/05. (ecm, ) (Entered: 06/08/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050602/63 re Investigator. Payment Number 4 (SUPPRESSED) SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 6/1/05. (ecm, ) (Entered: 06/08/2005) CJA 20 Interim Payment as to Charles Lewis; Voucher Number 050609/87 re Attorney Ronald Gainor. Payment Number 2 (SUPPRESSED) SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 6/7/05. (ecm, ) (Entered: 06/16/2005) ORDER granting 443 Motion for Payment in Excess (SUPPRESSED) as to Charles Lewis (4). Signed by Judge Robert E. Blackburn on 6/7/05. (mjg, ) (Entered: 06/23/2005) ORDER granting 444 Motion for Payment in Excess (SUPPRESSED) as to Charles Lewis (4). Signed by Judge Robert E. Blackburn on 6/7/05.

05/16/2005

428

05/17/2005

433

05/24/2005

446

05/31/2005

442

05/31/2005 05/31/2005 06/01/2005

443 444 445

06/01/2005

447

06/07/2005

451

06/07/2005

460

06/07/2005

462

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(mjg, ) (Entered: 06/23/2005) 06/13/2005 452 CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050614/27 re Paralegal. Payment Number not noted (SUPPRESSED) SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 6/13/05. (ecm, ) (Entered: 06/16/2005) MINUTE ORDER; a hearing re 463 MOTION to Continue filed by Jannice McLain Schmidt is set for 8/3/2005 at 10:00 AM before Judge Robert E. Blackburn. (ecm, ) (Entered: 06/27/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050701/11 re Paralegal Services. Payment Number Not Noted (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 6/29/05. (mjg, ) (Entered: 07/05/2005) MOTION to Disclose Possible Grand Jury Materials to Third Parties Pursuant To Fed.R.Crim.P.6(e)(3)(E)(i) by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros. (mjg, ) (Entered: 07/07/2005) MOTION to Disclose Possible Grand Jury Materials to Third Parties Pursuant To Fed.R.Crim.P.6(e)(3)(E)(i) by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros. (mjg, ) (Entered: 07/07/2005) AMENDED RESPONSE to Motion by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros re 463 MOTION to Continue Trial (mjg, ) (Entered: 07/19/2005) FIRST BILL OF PARTICULARS For Forfeiture Of Property by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros (mjg, ) (Entered: 07/19/2005) Certificate of Service by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros re 485 First Bill Of Particulars For Forfeiture Of Property (mjg, ) (Entered: 07/19/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050722/87 re Investigator. Payment Number Not Noted (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 7/19/05. (mjg, ) (Entered: 07/27/2005) Minutes of Status Conference before Judge Robert E. Blackburn: defts Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros present w/counsel; GRANTING 463 MOTION to Continue filed by Jannice McLain Schmidt; the Motions Hearing, Trial Prep. Conf. and Jury Trial are VACATED; Status Conference set for 10/25/2005 01:15 PM before

06/23/2005

466

06/29/2005

467

07/05/2005

472

07/05/2005

473

07/15/2005

483

07/15/2005

485

07/15/2005

486

07/19/2005

499

08/03/2005

505

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Judge Robert E. Blackburn; ORDER: oral motion to allow counsel, Mr. Sticht to appear via telephone is GRANTED; oral request to waive George Weed's appearance is GRANTED. (Court Reporter Bernique Abiakam, ECR.) (ecm, ) (Entered: 08/05/2005) 08/29/2005 529 CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050831/67 re Investigator. Payment Number 5 (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 8/29/05. (mjgsl, ) (Entered: 09/19/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050831/64 re Paralegal Services. Payment Number Not Noted (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 8/29/05. (mjgsl, ) (Entered: 09/19/2005) MOTION for Order Compelling Testimony Pursuant To Title 18, United States Code Sections 6001-6003 by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros. (mjg, ) (Entered: 09/06/2005) MOTION for Order Directing the Taking of a Video-Taped Deposition of Gary Herbert Purs. to F.R.Cr.P. 15, and For Issuance of a Subpoena Therefore Purs. to F.R.Cr.P. 17(f) by USA (ecm, ) (Entered: 09/07/2005) MINUTE ORDER re 521 MOTION for Order Directing the Taking of a Video Taped Deposition and Issuance of Subpoena filed by USA and 520 MOTION for Order Compelling Testimony filed by USA; Defendants shall file a separate response to the motions by 9/19/05 (mjg, ) (Entered: 09/09/2005) SEALED INDICTMENT as to Norman Schmidt (1) count(s) 1ss, 2ss9ss, 10ss-17ss, 18ss-23ss, 26ss-29ss, 30ss-31ss, 34ss, 36ss-45ss, 47ss, 48ss, 2425ss, George Alan Weed (2) count(s) 1ss, 2ss-9ss, 10ss-17ss, 18ss-23ss, 26ss-29ss, 43ss, 46ss, 48ss, 2425ss, Peter A.W. Moss (3) count(s) 1ss, 2ss-9ss, 13ss-17ss, 18ss-23ss, 26ss-29ss, 31ss, 33ss, 35ss, 48ss, 2425ss, Charles Lewis (4) count(s) 1ss, 2ss-9ss, 16ss-17ss, 20ss23ss, 26ss-29ss, 37ss, 41ss, 48ss, 2425ss, Jannice McLain Schmidt (5) count(s) 1ss, 2ss-9ss, 16ss-17ss, 20ss-23ss, 26ss-29ss, 32ss, 39ss, 46ss47ss, 48ss, 2425ss, Michael Smith (6) count(s) 1ss, 2ss-9ss, 16ss-17ss, 23ss, 26ss-29ss, 36ss, 40ss, 48ss, 2425ss, George Beros (7) count(s) 1ss, 2ss-9ss, 16ss-17ss, 23ss, 26ss-29ss, 44ss-45ss, 48ss, 2425ss. (tllsl, ) (Entered: 09/15/2005) MOTION to Seal by USA as to Norman Schmidt, George Alan Weed, Peter A.W. Moss, Charles Lewis, Jannice McLain Schmidt, Michael Smith, George Beros. (tllsl, ) (Entered: 09/15/2005) ORDER granting 527 Motion to Seal Case as to Norman Schmidt (1), George Alan Weed (2), Peter A.W. Moss (3), Charles Lewis (4), Jannice McLain Schmidt (5), Michael Smith (6), George Beros (7). Signed by Magistrate Judge O. Edward Schlatter on 09/14/05. (tllsl, ) (Entered: 09/15/2005)

08/29/2005

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09/02/2005

520

09/02/2005

521

09/07/2005

523

09/14/2005

526

09/14/2005

527

09/14/2005

528

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09/19/2005

536

RESPONSE to Motion by Charles Lewis re 521 Government's MOTIONS Requesting Order Compelling Testimony And For Order Directing The Taking Of A Videotaped Deposition Of Gary Herbert (mjg, ) (Entered: 09/20/2005) Defendant MOTION for Reconsideration of bond on change of circumstance by Charles Lewis. (tll, ) (Entered: 09/26/2005) ORDER granting 521 Motion for Order Directing Videotaped Deposition Of Gary Herbert . Signed by Judge Robert E. Blackburn on 9/23/05. (mjg, ) (Entered: 09/27/2005) ORDER granting 520 Motion Requesting Order Compelling Testimony as to Norman Schmidt (1), George Alan Weed (2), Peter A.W. Moss (3), Charles Lewis (4), Jannice McLain Schmidt (5), Michael Smith (6), George Beros (7). Signed by Judge Robert E. Blackburn on 9/23/05. (mjg, ) (Entered: 09/28/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 050927/68 re Investigator. Payment Number Not Noted (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 9/27/05. (mjg, ) (Entered: 10/05/2005) CJA 21: Authorization to Pay Investigator as to Charles Lewis for Expert Services (SUPPRESSED); Voucher# 051003/40; SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 9/29/05. (mjg, ) (Entered: 10/07/2005) Minutes of Re-Arraignment before Magistrate Judge Patricia A. Coan: deft Charles Lewis present w/counsel; Plea of NOT GUILTY entered by Charles Lewis; ORDER: Hearing on the motion for reconsideration of bond is set for 10/11/2005 01:30 PM before Magistrate Judge Patricia A. Coan; deft remanded. (Tape #FTR PAC AM.) (ecm, ) (Entered: 10/05/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis; Voucher Number 051006/33 re Investigator. Payment Number 7 (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 10/4/05. (mjg, ) (Entered: 10/14/2005) RESPONSE to Motion by USA as to Charles Lewis re 545 MOTION for Reconsideration Of Bond Based On Change Of Circumstance (mjg, ) (Entered: 10/07/2005) Minutes of Motion Hearing before Magistrate Judge Patricia A. Coan: deft Charles Lewis present w/counsel; witnesses; defts counsel makes oral motion to cont. the hearing re 545 MOTION for Reconsideration filed by Charles Lewis to allow two witnesses to be present; ORDER; Motion Hearing cont. to for 10/25/2005 09:30 AM before Magistrate Judge Boyd N. Boland; deft remanded (Tape #FTR PAC PM.) (ecm, ) (Entered: 10/14/2005) CJA 21 Interim Payment For Expert Services as to Charles Lewis;

09/26/2005 09/26/2005

545 546

09/26/2005

548

09/27/2005

552

09/29/2005

554

10/03/2005

551

10/04/2005

561

10/06/2005

559

10/11/2005

560

10/19/2005

569

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Voucher Number 051019/134 re Paralegal Services. Payment Number Not Noted (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 10/19/05. (mjg, ) (Entered: 10/24/2005) 10/25/2005 575 Minutes of Motion to Reconsider Bond before Magistrate Judge Patricia A. Coan: deft Charles Lewis present w/counsel; witnesses; exhibits; ORDER: GRANTING 545 MOTION for Reconsideration filed by Charles Lewis; Bond set at $45,000 Property as to Charles Lewis (4); ORDER: deft shall reside in 1/2 h