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-1

Case title: USA v. Schmidt, et al

Date Filed: 03/10/2004 Date Terminated: 05/01/2008

Assigned to: Judge Robert E. Blackburn Defendant (1) Norman Schmidt TERMINATED: 05/01/2008 represented by Peter R. Bornstein Peter R. Bornstein, Law Offices of 1600 Broadway #2350 Denver, CO 80202 303-861-2500 Fax: 303-861-0420 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Thomas James Hammond Thomas J. Hammond, P.C. 1544 Race Street Denver, CO 80206 303-321-7902 Fax: 303-329-5871 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts Disposition Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of

CONSPIRACY

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?133101125222476-L_950_0-1

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(1ss)

Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is

MAIL FRAUD (2ss-5ss)

MAIL FRAUD (9ss)

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FRAUD BY WIRE (12ss-17ss)

computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty;

SECURITIES VIOLATIONS (18ss-23ss)

SECURITIES VIOLATIONS (24ss)

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FRAUDULENT INTERSTATE TRANSACTIONS (25sss)

The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34,

SECURITIES VIOLATIONS (26ss-29ss)

MONEY LAUNDERING (30ss-31ss)

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MONEY LAUNDERING (34ss)

and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded. Dft was found guilty on count(s) 1, 2-4, 5, 9, 12-15, 16, 17, 18-29, 30, 31, 34, and 36-45 of the Second Superseding Indictment after a plea of not guilty; The defendant to be imprisoned for the term of his natural life, which is computed under U.S.S.G. ? 5G1.2(d) as follows: a term of five years on each of Counts 1, 2-4, 12-15, and 18-29; a term of 20 years on each of Counts 5, 9, 16, 17, 30, and 31; and a term of 10 years on each of Counts 34 and 36-45, the sentences on each count shall be served consecutively, for a total sentence of 330 years; Assessment $3,700.00; No fine imposed; $286,739.00; Dft remanded.

MONEY LAUNDERING (36ss)

MONEY LAUNDERING (37ss-45ss)

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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) 18:1341.F FRAUDS AND SWINDLES (2-10) 18:1341.F MAIL FRAUD; AIDING & ABETTING (2s) 18:1341.F MAIL FRAUD; Aiding & Abetting (3s) 18:1341.F MAIL FRAUD; Aiding & Abetting (4s) 18:1341.F MAIL FRAUD; Aiding & Abetting (5s) 18:1341.F MAIL FRAUD; Aiding & Abetting (6s) MAIL FRAUD (6ss-8ss) 18:1341.F MAIL FRAUD; Aiding & Abetting (7s-10s) FRAUD BY WIRE (10ss) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (11-22) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (11s-14s) FRAUD BY WIRE (11ss) 18:1343.F FRAUD BY WIRE, RADIO, Disposition Dismissed

Dismissed Dismissed Dismissed

Dismissed

Dismissed

Dismissed

Dismissed Dismissed Dismissed Dismissed Dismissed

Dismissed Dismissed

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OR TELEVISION (15s-20s) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (21s) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (22s) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (23-36) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (23s-24s) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (25s) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (26s-28s) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (29s-34s) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (35s) 15:77Q.F FRAUDULENT INTERSTATE TRANSACTIONS (36s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (37-39) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (37s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (38s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (39s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (42)

Dismissed Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

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18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (42s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (44-55) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (44s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (45s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (46s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (47s) MONEY LAUNDERING (47ss) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (48s) CRIMINAL FORFEITURE (48ss) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (49s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (50s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (51s-52s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (53s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (54s-55s) 18:981.F CIVIL FORFEITURE (57) 18:981.F CIVIL FORFEITURE (57s)

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed

Dismissed Dismissed Dismissed Dismissed Dismissed

Dismissed

Dismissed

Dismissed

Dismissed Dismissed Dismissed

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Highest Offense Level (Terminated) Felony Complaints None Disposition

Interested Party Tim Richardson

Interested Party John Schlabach TERMINATED: 06/06/2007

Interested Party Thomas H. Delay

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

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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 03/10/2004 03/10/2004 # 1 2 9 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) ARREST Warrant issued for Norman nmi Schmidt (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 Norman nmi Schmidt, defendant Jannice McLain Schmidt on 3/16/04 (klt) (Entered: 03/19/2004) 12 COURTROOM MINUTES Time Court Began: 1:35 Time Court Ended: 2:02 OF initial appearance before Magistrate Judge Michael J. Watanabe initial appearance of Norman nmi Schmidt, Jannice McLain Schmidt without counsel; , appointing federal public defender as to Jannice McLain Schmidt , ; detention, arraignment and disc hearing set for 10:30 3/19/04 for Norman nmi Schmidt; before Magistrate Judge Michael J. Watanabe; arraignment and disc conf set for 10:30 3/19/04 for Jannice McLain Schmidt before Magistrate Judge Michael J. Watanabe; Bond set to $100,000/10% cash for Jannice McLain Schmidt. dfts remanded; Court Reporter: FTR (klt) (Entered: 03/19/2004)

03/10/2004 03/10/2004 03/16/2004 03/16/2004

10 11

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03/16/2004 03/17/2004

13 21

CJA Form 23 (Financial Affidavit) as to Norman nmi Schmidt (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 Norman nmi Schmidt 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) CJA Form 23 (Financial Affidavit) as to Norman nmi Schmidt (former empl) (Entered: 03/23/2004) COURTROOM MINUTES Time Court Began: 10:46 am Time Court Ended: 10:55 am OF ARRAIG/ DISCOVERY before Magistrate Judge Michael J. Watanabe appointing CJA counsel as to Norman nmi Schmidt ; detention hearing set for 10:00 3/23/04 for Norman nmi Schmidt ; arraignment set for 10:00 3/23/04 for Norman nmi Schmidt before Magistrate Judge Patricia A. Coan ; disc conf set for 10:00 3/23/04 for Norman nmi Schmidt ; 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 5/21/04 for Jannice McLain Schmidt (Cert of Mailing) (former empl) (Entered: 03/23/2004) 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) COURTROOM MINUTES Time Court Began: 10:30 am Time Court Ended: 10:33 am OF ARRAIG/ DISC/DETEN before Magistrate Judge Patricia A. Coan speedy trial times announced as follows: 70 day max 5/25/04; 30 day min 4/22/04; 90 day custody 6/14/04; ORAL MOTION TO CONTINUE-GRANTED; detention hearing reset for 10:30 3/30/04 for Norman nmi Schmidt ; arraignment reset for 10:30 3/30/04 for Norman nmi Schmidt before Magistrate Judge Patricia A. Coan ; disc conf reset for 10:30 3/30/04 for Norman nmi Schmidt ; deft remanded to the custody of the USM; Court Reporter: FTR PAC AM (former empl) (Entered: 03/24/2004) 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)

03/18/2004 03/19/2004

20 22

03/19/2004 03/19/2004

24 25

03/19/2004

27

03/22/2004

36

03/23/2004

31

03/23/2004

39

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03/24/2004

38

DISCOVERY HEARING REPORT before Magistrate Judge Patricia A. Coan; 6 weeks estimated trial days as to Charles Lewis (ecm) (Entered: 03/26/2004) 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) COURTROOM MINUTES Time Court Began: 10:40 am Time Court Ended: 11:02 am OF ARRAIG/ DISC/ DETEN before Magistrate Judge Patricia A. Coan ; discovery conf rpt signed and filed; counsel sent to chambers for next court date oral motion by defendant to continue; defense counsel ready to proceed ; detention hearing RESET for 10:30 4/2/04 for Norman nmi Schmidt ; arraignment RESET for 10:30 4/2/04 for Norman nmi Schmidt before Magistrate Judge Patricia A. Coan ; no further extensions will be granted; hrg will go forward on friday with either Mr. Bornstein or Mr. Steinberg; deft remanded to the custody of the USM Court Reporter: FTR PAC AM (former empl) (Entered: 03/31/2004) COURTROOM MINUTES OF ARRAIGNMENT AND DETENTION Time Court Began: 10:32 Time Court Ended: 11:45 before Magistrate Judge Patricia A. Coan; Norman Schmidt arraigned; NOT GUILTY plea entered; Attorney present; speedy trial times not noted; govt states they have another witness; defts counsel is not available for this afternoon; ORDER: detention hearing cont. to 1:00 4/7/04 for Norman Schmidt; deft remanded; Court Reporter: FTR PAC AM (ecm) (Entered: 04/06/2004) 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

03/29/2004

41

03/29/2004

44

03/30/2004

42

03/30/2004

43

04/02/2004

55

04/05/2004

57

04/05/2004

58

04/07/2004

61

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remande Court Reporter: FTR BNB AM (ecm) (Entered: 04/09/2004) 04/07/2004 68 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) DISCOVERY HEARING REPORT before Magistrate Judge Boyd N. Boland; 6 weeks estimated trial days as to Michael Smith (ecm) (Entered: 04/14/2004) ORDER of Detention by Magistrate Judge Patricia A. Coan as to Norman nmi Schmidt (ecm) (Entered: 04/14/2004) POSITION STATEMENT Re Complexity of Norman Schmidt (ecm) (Entered: 04/15/2004) RESPONSE by George nmi Beros to motion to declare the case complex [54-1] (ecm) (Entered: 04/16/2004) NOTICE OF CONSENT OF ELECTRONIC SERVICE by Norman nmi Schmidt (ecm) (Entered: 04/20/2004) 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) MOTION To Vacate and Reset Status Conference or to Allow Counsel to Appear by Telephone by Norman nmi Schmidt (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)

04/12/2004

67

04/13/2004 04/14/2004 04/15/2004 04/16/2004 04/19/2004

69 71 73 74 76

04/19/2004

77

04/19/2004

85

04/21/2004

79

04/21/2004

83

04/23/2004

87

04/26/2004

88

04/26/2004

90

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5/12/2008

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

Document 1528-2

Filed 05/12/2008

Page 14 of 62 Page 14 of 62

04/27/2004

93

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 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) 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) MOTION For Appointment of Expert and Appoint of Counsel

04/28/2004

94

04/30/2004

95

04/30/2004

96

05/03/2004

98

05/03/2004

100

05/05/2004

112

05/12/2004

116

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?133101125222476-L_950_0-1

5/12/2008

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

Document 1528-2

Filed 05/12/2008

Page 15 of 62 Page 15 of 62

(SUPPRESSED) by Norman nmi Schmidt (ecm) (Entered: 05/19/2004) 05/12/2004 119 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: approving Final Voucher for Expert other services of Peter R. Bornstein for Norman nmi Schmidt (SUPPRESSED) (ecm) (Entered: 06/02/2004) 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) 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) 848 Ex Parte Application - Expert (SUPPRESSED) as to Norman Schmidt (ecm) (Entered: 06/22/2004) 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) ENTRY OF APPEARANCE for defendant Norman Schmidt by Attorney Thomas Hammond (ecm) (Entered: 07/01/2004) 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)

05/19/2004

117

05/19/2004

118

05/20/2004

121

05/21/2004

122

05/26/2004

126

05/26/2004 06/07/2004

128 129

06/17/2004

125

06/17/2004

130

06/29/2004 07/06/2004

131 140

07/12/2004 07/12/2004

135 136

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5/12/2008

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

Document 1528-2

Filed 05/12/2008

Page 16 of 62 Page 16 of 62

07/15/2004 07/16/2004

141 142

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) 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, 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) 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 04090349 of Peter R. Bornstein for Norman Schmidt (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

07/22/2004

145

07/22/2004 08/11/2004

146 153

08/18/2004

154

08/26/2004

155

08/30/2004

184

08/31/2004

159

09/02/2004

164

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?133101125222476-L_950_0-1

5/12/2008

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

Document 1528-2

Filed 05/12/2008

Page 17 of 62 Page 17 of 62

Smith; dfts rearraigned; NOT GUILTY plea entered; Attorney present; defts remanded Court Reporter: FTR BNB PM (ecm) (Entered: 09/03/2004) 09/02/2004 09/02/2004 165 166 MOTION To Dismiss Superseding Indictment by Norman Schmidt (ecm) (Entered: 09/03/2004) MINUTE ORDER before Magistrate Judge Boyd N. Boland; GRANTING Written Waiver of Appearance and the Not Guilty Plea [158-1] by George Beros (ecm) (Entered: 09/03/2004) 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) MOTION to Disclose Grand Jury Material to Defendant by Norman Schmidt (nmb) (Entered: 09/16/2004) MOTION For Revocation of Detention Order by Norman Schmidt (ecm) (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

09/03/2004

167

09/08/2004

170

09/09/2004

172

09/10/2004 09/15/2004 09/15/2004

173 176 196

09/16/2004

177

09/21/2004

188

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?133101125222476-L_950_0-1

5/12/2008

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

Document 1528-2

Filed 05/12/2008

Page 18 of 62 Page 18 of 62

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) 09/21/2004 09/21/2004 189 190 MOTION To Vacate and Reset Hearing on Motion for Revocation of Detention Order by Norman 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) RESPONSE by USA to Motion For Revocation of Detention Order [1761] (ecm) (Entered: 09/23/2004) AMENDED CERTIFICATE of Mailing by USA; the Response to Motion for Revocation resent (ecm) (Entered: 09/23/2004) 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) 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 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)

09/22/2004 09/22/2004 09/23/2004

191 192 193

09/24/2004

194

09/27/2004

199

09/28/2004

200

09/28/2004

203

09/28/2004

208

10/01/2004

202

10/04/2004 10/04/2004

204 205

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5/12/2008

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

Document 1528-2

Filed 05/12/2008

Page 19 of 62 Page 19 of 62

(ecm) (Entered: 10/05/2004) 10/07/2004 209 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) ORDER: approving 041008/27 Interim Voucher Number 1 of Peter R. Bornstein for Norman Schmidt (SUPPRESSED) (ecm) (Entered: 10/12/2004) CJA 21 as to Norman Schmidt : Authorization to Pay Peter Bornstein Voucher # 041029/16 (SUPPRESSED) . Signed by Judge Robert E. Blackburn on 10/8/04. (ecm, ) Modified on 11/29/2004 to set access level (gag, ). (Entered: 11/23/2004) RESPONSE by USA to Motion To Dismiss Superseding Indictment [165-1] (ecm) (Entered: 10/19/2004) MINUTE ORDER before Judge Robert E. Blackburn GRANTING 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) 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 For Preservation and Production of Rought Interview Notes and Reports by Norman Schmidt (ecm) (Entered: 10/28/2004) MOTION For Production of Bruton and Rule 801(d)(2)(E) Materials and Motion For Pretrial Determination of Admissibility of Alleged CoConspirator Statements by Norman Schmidt (ecm) (Entered: 10/28/2004) MOTION To Order Government to Designate Documentary Evidence by Norman Schmidt (ecm) (Entered: 10/28/2004) MOTION For Notice of Intent to Call Expert Witnesses and Discovery Pursuant to Rule 16(a)(1)(D) & (E) by Norman Schmidt (ecm) (Entered: 10/28/2004) MOTION For Discovery of Information Concerning Inducements to Witness For Their Testimony and Information of Bias or Impairment by Norman Schmidt (ecm) (Entered: 10/28/2004) RESPONSE by USA to Norman Schmidt's Motion to Disclose Grand Jury Material to Defendant [173-1] and Jannice Schmidt's Motion to

10/07/2004

210

10/08/2004

251

10/15/2004 10/19/2004

219 220

10/19/2004

253

10/25/2004

221

10/27/2004 10/27/2004

233 235

10/27/2004 10/27/2004

236 237

10/27/2004

238

10/27/2004

242

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5/12/2008

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

Document 1528-2

Filed 05/12/2008

Page 20 of 62 Page 20 of 62

Disclose Grand Jury Material to Defendant [168-1] (ecm) (Entered: 10/28/2004) 10/27/2004 243 MOTION For Leave to File Out of Time Response to Motion to Disclose Grand Jury Material by USA regarding Norman Schmidt (ecm) (Entered: 10/28/2004) MOTION For Leave to Supplement or Amend 244 MOTION to Dismiss Counts by Norman Schmidt. (ecm, ) Modified on 11/10/2004 to set access level (gag, ). (Entered: 11/02/2004) MOTION to Dismiss Counts of Indictment by Norman Schmidt. (ecm, ) Modified on 11/10/2004 to set access level (gag, ). (Entered: 11/02/2004) 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) MOTION to Dismiss Counts of Indictment (Amended) by Norman Schmidt. (ecm, ) Modified on 11/10/2004 to set access level (gag, ). (Entered: 11/02/2004) CJA 20 Interim Payment as to Norman Schmidt ; Voucher Number 041116/168 re Attorney Peter Bornstein. Payment Number 2 (SUPPRESSED) . Signed by Judge Robert E. Blackburn on 11/15/04. (ecm, ) (Entered: 12/02/2004) ORDER signed by Judge Robert E. Blackburn on 11/16/04:denying Motion to Dismiss 165 by Norman Schmidt (1); granting in part with respect to the ministerial records identified in the body of this Order, and denying in part in all other respects the Motion to Disclose Grand Jury Material 173 by Norman Schmidt (1); denying Motion to Disclose Grand Jury Material 168 by Jannice McLain Schmidt (5). (nmb, ) (Entered: 11/23/2004) NOTICE by Govt of Intent to File Motions Responses (ecm, ) (Entered: 11/29/2004) CONSOLIDATED RESPONSE by USA to Defendnant's Motion 246 MOTION to Dismiss Counts and to Strike Surplusage From the Indictment as to Norman Schmidt (ecm, ) (Entered: 12/02/2004) 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 Leave to File A Reply Brief, Schedule for Briefing, and Request for Oral Argument by Norman Schmidt. (ecm, ) (Entered: 12/09/2004) MINUTE ORDER; GRANTING 275 Motion for Leave to File a Reply

10/28/2004

245

10/28/2004 10/28/2004

246 247

10/29/2004

244

11/15/2004

262

11/17/2004

252

11/19/2004 11/24/2004

258 264

11/24/2004

265

12/03/2004

275

12/03/2004

276

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5/12/2008

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

Document 1528-2

Filed 05/12/2008

Page 21 of 62 Page 21 of 62

Brief, Schedule for Briefing and Request for Oral Argument as to Norman Schmidt; defts Norman Schmidt and Janice Mclaine-Schmidt shall have until 12/8/04 to file their replies; motions hearing 1/10/05 at 9:00 am by Judge Robert E. Blackburn (ecm, ) (Entered: 12/09/2004) 12/08/2004 12/13/2004 278 281 Reply Memorandum Re: Defense Motions Attacking Grand Jury Indictment by Norman Schmidt (ecm, ) (Entered: 12/15/2004) Govt's RESPONSE to Norman Schmidt's 238 Motion for Discovery of Information Concerning Inducements, etc. (adopted by deft Jannice McLain Schmidt) (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) Govt's RESPONSE to deft Jannice McLain Schmidt's 228 Motion for Disclosure Pursuant to Fed.R.Crim.P.12(b)(4)(adopted by defts Charles Lewis and George Alan Weed) AND deft Norman Schmidt's 236 Motion for Designation of Documentary Evidence (adopted by deft Jannice McLain Schmidt). (nmb, ) (Entered: 12/21/2004) Govt's RESPONSE to deft Norman Schmidt's 237 Motion for Notice of Intent to Call Expert Witnesses etc (adopted by Jannice McLain Schmidt). (nmb, ) (Entered: 12/21/2004) Govt's RESPONSE to Norman Schmidt's 233 Motion for Preservation and Production of Rough Interview Notes. (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 20 Interim Payment as to Norman Schmidt; Voucher Number 050105/146 re Attorney Peter Bornstein. Payment Number 3 (SUPPRESSED) . Signed by Judge Robert E. Blackburn on 1/3/05. (ecm, ) SEE CJA SUPERVISING ATTORNEY (Entered: 01/18/2005) MOTIONS HEARIN AGENDA Signed by Judge Robert E. Blackburn on 1/6/05. (ecm, ) (Entered: 01/12/2005) CJA 21 : Authorization to Pay Duplication Svc.; Voucher # 050107/6 as to Norman Schmidt (SUPPRESSED) . Signed by Judge Robert E. Blackburn on 1/6/05. (ecm, ) SEE CJA SUPERVISING ATTORNEY (Entered: 01/18/2005) Minutes for Motion Hearing held before Judge Robert E. Blackburn as to Norman Schmidt, George Alan Weed, Charles Lewis, Jannice McLain

12/13/2004

283

12/13/2004

284

12/13/2004

285

12/13/2004 12/30/2004

286 289

12/30/2004

290

01/03/2005

311

01/06/2005 01/06/2005

301 305

01/20/2005

323

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

Document 1528-2

Filed 05/12/2008

Page 22 of 62 Page 22 of 62

Schmidt, Michael Smith, George Beros; REFER TO AMENDED MINUTES this date. (Court Reporter Suzanne Claar.) (nmb, ) (Entered: 02/03/2005) 01/20/2005 324 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 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) 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

01/20/2005

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

Document 1528-2

Filed 05/12/2008

Page 23 of 62 Page 23 of 62

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 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 20 Interim Payment as to Norman Schmidt; Voucher Number 050218/65 re Attorney Thomas Hammond. Payment Number 1 (SUPPRESSED) SEE CJA SUPERVISING ATTORNEY Signed by Judge Robert E. Blackburn on 2/10/05. (mjg2, ) (Entered: 03/01/2005) MOTION for Return of Seized Property by Norman Schmidt. (ecm, ) (Entered: 03/02/2005) 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

01/25/2005

317

01/28/2005

322

02/10/2005

340

02/25/2005 02/28/2005

341 342

02/28/2005

343

02/28/2005

344

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Document 1528-2

Filed 05/12/2008

Page 24 of 62 Page 24 of 62

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) 02/28/2005 345 MINUTE ORDER; the govt shall file a Responses by 3/10/2005 re 341 MOTION for Return of Seized Property filed by Norman Schmidt by Judge Robert E. Blackburn (ecm, ) (Entered: 03/04/2005) CJA 21: Authorization to Pay Duplication Services as to Norman Schmidt for Expert Services (SUPPRESSED) SEE CJA SUPERVISING ATTORNEY. Signed by Judge Robert E. Blackburn on 3/4/05. (mjg, ) (Entered: 03/17/2005) MOTION for Extension of Time to File Response/Reply To Government's James Proffer by Norman Schmidt. (mjg, ) (Entered: 03/11/2005) MOTION for Extension of Time to Supplement Response/Reply To Government's James Proffer by Norman Schmidt. (mjg, ) (Entered: 03/11/2005) Unopposed MOTION for Extension of Time to File Response/Reply To Dft's Motion For Return Of Seized Property by USA as to Norman Schmidt. (mjg, ) (Entered: 03/11/2005) RESPONSE to 290 Govts James Proffer by Norman Schmidt (ecm, ) (Entered: 03/11/2005) MINUTE ORDER by Judge Robert E. Blackburn GRANTING 357 Unopposed Motion for Extension of Time in Which to File Response to Govt's James Proffer as to Norman Schmidt (1); deft response due 3/9/05. (nmb, ) (Entered: 03/11/2005) CJA 20 Interim Payment as to Attorney Peter Bornstein re Norman Schmidt; Voucher Number 050325/165, Payment Number 4 (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 3/10/05. (mjg, ) (Entered: 04/01/2005) RESPONSE to Motion by USA as to Norman Schmidt re 341 MOTION for Return of Seized Property (mjg, ) (Entered: 03/15/2005) 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

03/04/2005

368

03/08/2005

357

03/09/2005

358

03/09/2005

359

03/09/2005 03/09/2005

360 361

03/10/2005

379

03/11/2005 03/11/2005

363 364

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Document 1528-2

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Page 25 of 62 Page 25 of 62

(Court Reporter Suzanne Claar.) (ecm, ) (Entered: 03/15/2005) 03/11/2005 Pursuant to minutes this date:granting 359 Motion for Extension of Time; granting 362 Motion for Leave to Appear as to Michael Smith (6); granting 362 Motion for Hearing as to Michael Smith (6) (ecm, ) (Entered: 04/04/2005) 375 380 ADDENDUM TO RESPONSE by USA as to Norman Schmidt re 363 Response to Motion (mjg, ) (Entered: 03/28/2005) 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) MOTION for Extension of Time To Submit The Motion To Suppress Evidence From The Search Warrants And The Supplement To The Objection To The James Proffer by Norman Schmidt. (mjg, ) (Entered: 04/05/2005) Objection to govts 289 Admission of 404(b) Testimony by Norman Schmidt (ecm, ) (Entered: 04/05/2005) MOTION to Suppress Evidence Seized Pursuant to Four Search Warrants by Norman Schmidt. (ecm, ) (Entered: 04/06/2005) SUPPLEMENTAL RESPONSE to 290 Govt's James Proffer by Norman Schmidt (nmb, ) (Entered: 04/08/2005) 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) RESPONSE by USA to 391 MOTION to Suppress Evidence as to Norman Schmidt (ecm, ) (Entered: 04/20/2005) 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:

03/25/2005 03/31/2005

04/04/2005

389

04/04/2005 04/05/2005 04/06/2005 04/14/2005

390 391 392 407

04/14/2005 04/21/2005

411 415

04/25/2005

416

04/25/2005 04/25/2005

04/29/2005

420

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Document 1528-2

Filed 05/12/2008

Page 26 of 62 Page 26 of 62

05/03/2005) 05/05/2005 422 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) ORDER Marshaling Expert Witness Testimony; GRANTING 237 Motion For Notice of Intent to Call Expert Witnesses and Discovery Purs. to 16(a)(1)(D) & (E) as to Norman Schmidt (1); not later than 5/31/05, the govt shall file a document containing the listed info. for each putative expert witness it intends to use at trial; not later than 7/22/05, ea. deft shall provide for ea. putative govt witness the listed objects. Signed by Judge Robert E. Blackburn on 5/10/05. (ecm, ) (Entered: 05/13/2005) 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 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) CJA 20 Interim Payment as to Norman Schmidt (SUPPRESSED); Voucher Number 050517/114 re Attorney Peter R. Bornstein; Payment Number 5; SEE CJA SUPERVISING ATTORNEY . 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) 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) 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 20 Interim Payment as to Norman Schmidt; Voucher Number 050701/69 re Attorney Peter R. Bornstein. Payment Number 6 (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 6/29/05. (mjg2, ) (Entered: 07/05/2005) MOTION to Disclose Possible Grand Jury Materials to Third Parties

05/11/2005

426

05/13/2005

429

05/13/2005

435

05/16/2005

428

05/31/2005

442

06/23/2005

466

06/29/2005

468

07/05/2005

472

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Document 1528-2

Filed 05/12/2008

Page 27 of 62 Page 27 of 62

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) 07/05/2005 473 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) EX PARTE MOTION for Payment in Excess (SUPPRESSED) by Norman Schmidt. (mjg2, ) (Entered: 07/20/2005) CJA 21 Interim Payment For Expert Services as to Norman Schmidt; Voucher Number 050726/60 re Investigator. Payment Number 1 (SUPPRESSED); SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 7/19/05. (mjg, ) (Entered: 07/28/2005) ORDER as to Norman Schmidt granting 492 MOTION for Payment in Excess by Norman Schmidt (SUPPRESSED). Signed by Judge Robert E. Blackburn on 7/20/05. (mjg, ) (Entered: 08/10/2005) ORDER; GRANTING 492 Motion for Payment in Excess (SUPPRESSED) as to Norman Schmidt (1) by Judge Robert E. Blackburn (ecm, ) (Entered: 07/25/2005) MOTION To Join In Defense Motions To Continue Trial by Norman Schmidt. (mjg, ) (Entered: 07/25/2005) Objections To Expert Witness Testimony by Norman Schmidt (mjg, ) (Entered: 07/25/2005) CJA 21: Authorization to Pay Investigator as to Norman Schmidt for Expert Services (SUPPRESSED); Voucher# 050727/107; SEE CJA SUPERVISING ATTORNEY . Signed by Judge Robert E. Blackburn on 7/27/05. (mjg, ) (Entered: 08/08/2005) 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

07/15/2005

483

07/15/2005

485

07/15/2005

486

07/18/2005 07/19/2005

492 501

07/20/2005

512

07/21/2005

495

07/22/2005 07/22/2005 07/27/2005

496 497 507

08/03/2005

505

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Document 1528-2

Filed 05/12/2008

Page 28 of 62 Page 28 of 62

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 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) 08/25/2005 518 Reply by USA To Defendants' Objections To Expert Witness Testimony as to Norman Schmidt, Jannice McLain Schmidt, Michael Smith (mjg, ) (Entered: 08/29/2005) MOTION for Appointment of Expert (SUPPRESSED) by Norman Schmidt. (ecm, ) (Entered: 09/02/2005) MOTION for Order Compelling Testimony Pu