Free Status Conference - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA - PHOENIX STATUS HEARING MINUTES 03 Year / 344 / Case No. 1 PHX - MHM Dft # DATE: 6/28/06

HONORABLE: MARY H. MURGUIA USA V. Poseley, Last Name Deputy Clerk: Kristen Parris Dennis First Name

Judge #: 7027 O. Middle Initial

Court Reporter/ECR: Merilyn Sanchez

U.S. Atty: Larry Wszalek (telephonically) and Mark Odulio Dft Attys: Stephen Kunkle (cja) for dft Dennis Poseley; dft present Alex Gonzalez (cja) for dft Patricia Ensign; dft present Rena Glitsos (cja) for dft David Trepas; dft present Gregory Robinson (Retained) for dft Rachel McElhinney; dft present Gregory Parzych (cja)for dft Keith Priest; dft present

Evidentiary Hearing re: tax loss - Day 3. 9:50 a.m. Court reconvenes. Raymond Lipton resumes the stand, is cross-examined, further examined on redirect, and excused. Counsel argue their positions to the Court. THE COURT FINDS that there was a sufficient correlation between the tax loss and the defendants' conduct. THE COURT FURTHER FINDS that there is support for methodology number one. THE COURT FURTHER FINDS that the tax loss was between $3,000,000.00 and $7,000,000.00 for the purpose of the conspiracy that occurred in this offense. . For the reasons stated on the record, IT IS ORDERED denying Defendant McElhinney's Motion for Mistrial Due to Ineffective Assistance of Counsel [837]. IT IS FURTHER ORDERED denying Defendant Poseley's Motion for Brady and Sanctions [878]. 11:19 a.m. Court adjourns. Individual sentencings will immediately follow. Time in Court: 1 hr, 30 mins.

Case 2:03-cr-00344-MHM

Document 892

Filed 06/28/2006

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