Filing Date
|
#
|
Docket Text
|
| 01/29/2004 |
302
65 kb.
|
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on Jan 7, 2004 9:00am before Judge McBryde. Court
Reporter: Eileen Brewer. Trial Transcript of Proceedings. (mjw, )
(Entered: 01/30/2004) |
| 01/29/2004 |
301
341 kb.
|
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on Jan 6, 2004 8:39am before Judge McBryde. Court
Reporter: Eileen Brewer. Trial Trasncript of Proceedings. (mjw, )
(Entered: 01/30/2004) |
| 01/29/2004 |
300
341 kb.
|
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on Jan 6, 2004 8:39am before Judge McBryde. Court
Reporter: Eileen Brewer. Testimony of Larken Rose. (mjw, ) (Entered:
01/30/2004) |
| 01/29/2004 |
299
341 kb.
|
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on January 6, 2004 8:39am before Judge McBryde. Court
Reporter: Eileen Brewer. Testimony of Joseph Banister. (mjw, )
(Entered: 01/30/2004) |
| 01/29/2004 |
298
221 kb.
|
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on Jan 5, 2004 12:25pm before Judge McBryde. Court
Reporter: Eileen Brewer. Trial Trancript of Proceedings. (mjw, )
(Entered: 01/30/2004) |
| 01/26/2004 |
296
154 kb.
|
GOVT'S RESPONSE in Opposition by USA as to
Richard Michael Simkanin re 294
Supplemental Document to motion for new trial (mjw, ) (Entered:
01/27/2004) |
| 01/23/2004 |
297
26 kb.
|
ORDER denying 293
Motion for New Trial as to Richard Michael Simkanin (1) (Signed by
Judge John McBryde on 1/23/04) (mjw, ) (Entered: 01/27/2004) |
| 01/22/2004 |
295
540 kb.
|
GOVT'S RESPONSE in Opposition by USA as to
Richard Michael Simkanin re 293
MOTION for New Trial (mjw, ) (Entered: 01/26/2004) |
| 01/21/2004 |
294
1.39 mb.
|
Supplemental to Motion for New Trial by
Richard
Michael Simkanin as to 293
MOTION for New Trial (mjw, ) (Entered: 01/22/2004) |
| 01/14/2004 |
293
340 kb.
|
DFT'S MOTION for New Trial by Richard
Michael
Simkanin (mjw, ) (Entered: 01/15/2004) |
| 01/13/2004 |
292
65 kb.
|
ORDER as to Richard Michael Simkanin :
Jury
Trial as to Counts 1 and 2 set for 3/8/2004 09:00 AM before John
McBryde...deadlines fixed by prior orders of the court in this case
remain in effect except that each party shall file exhibit and witness
lists by 2:00pm on March 3, 2004...see order for specifics. (Signed by
Judge John McBryde on 1/13/04) (mjw, ) (Entered: 01/14/2004) |
| 01/09/2004 |
|
Document Number Reset To 291 (dld, )
(Entered:
01/09/2004) |
| 01/08/2004 |
291
41 kb.
|
RESPONSE to Motion by USA as to Richard
Michael
Simkanin re 270 MOTION to
Amend Witness List (dld, ) (Entered: 01/09/2004) |
| 01/08/2004 |
290
41 kb.
|
RESPONSE to Motion by USA as to Richard
Michael
Simkanin re 242 MOTION
for Leave to Use Video Tape at Trial (dld, (Entered: 01/09/2004) |
| 01/08/2004 |
289
28 kb.
|
ORDER: denying 270 Motion to Amend/Correct as to Richard Michael
Simkanin (1); denying 274
Motion for Reconsideration as to Richard Michael Simkanin (1); denying 279 Motion for Acquittal as
to Richard Michael Simkanin (1); denying 280 Motion regarding citation for "mistake,
negligence, et cetera" as to Richard Michael Simkanin...rulings the
court made in open court. (Signed by Judge John McBryde on 1/8/04)
(dld, ) (Entered: 01/09/2004) |
| 01/08/2004 |
288 |
SEALED DOCUMENT (Entered: 01/09/2004) |
| 01/07/2004 |
287 |
SEALED DOCUMENT (Entered: 01/09/2004) |
| 01/07/2004 |
285 |
SEALED DOCUMENT (Entered: 01/09/2004) |
| 01/07/2004 |
283
128 kb.
|
Scheduling Order for Sentencing as to
Richard
Michael Simkanin : Presentence Investigation Report due by 3/8/2004.
Objections to Presentence Investigation Report due by 3/22/2004.
Presentence Investigation Addendum due by 4/5/2004. Objections to
Presentence Investigation Addendum due by 4/12/2004. Sentencing set for
4/30/2004 09:00 AM before John McBryde; see order for specifics.
(Signed by Judge John McBryde on 1/7/04) (dld, ) (Entered: 01/08/2004) |
| 01/07/2004 |
282
14 kb.
|
Minute Entry for proceedings held before
Judge
John McBryde : Attorney Conference as to Richard Michael Simkanin held
on 1/7/04; AUSA jarvis & Atty Arch McColl present (Court Reporter
Eileen Brewer.) (dld, ) (Entered: 01/08/2004) |
| 01/07/2004 |
281
|
Minute Entry for proceedings held before
Judge
John McBryde : 3rd Day of Jury Trial as to Richard Michael Simkanin
held on 1/7/04; AUSA Jarvis, Deft w/ Retd Atty McColl present; Jury
concludes deliberations (Jury Questions filed under seal); Jury verdict
rendered (filed under seal); Jury trial ends; Order for PSI, Disclosure
and Sentencing dates entered; Sentencing set for 4/03/04 at 9:00 a.m.;
Deft continued in custody; Court admitted Govt Exhibits 1-51(black
binder); 52-90(black binder); 91-117, 131-134, 136-148 (black binder);
149-152, 158, 172, 173, 176, 180, 181, 182 (black binder); Court
ordered jury verdict from under seal; Court accepted the partial
verdict of the jury; Court declared a mistrial as to Cts 1 and 2; Deft
found guilty as to Cts 3-31 of 2nd Superseding Indictment. (Court
Reporter Eileen Brewer.) (dld, ) (Entered: 01/08/2004) |
| 01/07/2004 |
280
100 kb.
|
MOTION Regarding Citation for "Mistake,
Negligence, Etc" by Richard Michael Simkanin with Memorandum in
Support. (dld, ) (Entered: 01/08/2004) |
| 01/07/2004 |
279
47 kb.
|
MOTION for jUDGMENT OF Acquittal by
Richard
Michael Simkanin (dld, ) (Entered: 01/08/2004) |
| 01/07/2004 |
274
131 kb.
|
MOTION for Reconsideration & Request
for
(1)Pattern Jury Instruction Regarding mistake, Ignorance, Negligence or
Gross Negligence and (2)Good Faith Instruction Under Cheek V. US, 498
US 192(1991) by Richard Michael Simkanin (pdm, ) (Entered: 01/08/2004) |
| 01/06/2004 |
286 |
SEALED DOCUMENT (Entered: 01/09/2004) |
| 01/06/2004 |
284 |
Sealed Document (dld, ) (Entered:
01/08/2004) |
| 01/06/2004 |
278
493 kb.
|
CHARGE OF THE JURY as to Richard Michael
Simkanin. Signed by Judge John McBryde on 1/6/04. (dld, ) (Entered:
01/08/2004) |
| 01/06/2004 |
277
46 kb.
|
Minute Entry for proceedings held before
Judge
John McBryde : 2nd day of Jury Trial as to Richard Michael Simkanin
held on 1/6/04. AUSA Jarvis, Deft w/ Retd Atty McColl present; Govt
& Deft present evidence; Evidence concluded; Final arguments heard;
Court's charge to the jury; Jury deliberating; Court ordered jury
questions under seal; Crt adjourned until Wednesday, Jan 7, 2004.
(Court Reporter Eileen Brewer.) (dld, ) (Entered: 01/08/2004) |
| 01/06/2004 |
|
Document Number Reset To 271 (dld, )
(Entered:
01/06/2004) |
| 01/05/2004 |
276
31 kb.
|
Minute Entry for proceedings held before
Judge
John McBryde : Docket Call as to Richard Michael Simkanin held on
1/5/04; AUSA Jarvis, Deft w/ Rtd Atty McColl present; Arraignment on
superseding indictment of 12/17/03; motion to dismiss denied; witness
sworn; 2nd motion to dismiss denied; motion for jury consultant denied;
Deft's motion in limine for 2nd trial denied, granted as to "Republic
of Texas", denied as to #3; 3rd motion to dismiss 6(f) denied. (Court
Reporter Eileen Brewer.) (dld, ) (Entered: 01/08/2004) |
| 01/05/2004 |
275
47 kb.
|
Minute Entry for proceedings held before
Judge
John McBryde : Arraignment on 2nd Superseding Indictment as to Richard
Michael Simkanin (1) Count 1ss-12ss,13ss-27ss,28ss-31ss held on 1/5/04;
AUSA Jarvis, Deft w/ Retd Atty McColl present; Govt reads Indictment
for the record; Deft enters not guilty plea; Trial set Jan 5, 2004 at
9:00 a.m.; Deft continued in custody; (Court Reporter Eileen Brewer.)
(dld, ) (Entered: 01/08/2004) |
| 01/05/2004 |
273
774 kb.
|
STIPULATION to Govt's Summary Exhibit
Showing
Sufficient Income to File a Return by Richard Simkanin (pdm, )
(Entered: 01/08/2004) |
| 01/05/2004 |
272
45 kb.
|
Minute Entry for proceedings held before
Judge
John McBryde : Jury Trial as to Richard Michael Simkanin held on
1/5/04. AUSA Jarvis, Ret. Atty. Arch McColl for deft present; jury
selected, sworn; court ordered jury roll sealed; trial adjourned til
Tuesday, 1/6/03; deft. remanded to custody (Court Reporter Eileen
Brewer.) (pdm, ) (Entered: 01/08/2004) |
| 01/05/2004 |
271 |
Sealed Document (Entered: 01/06/2004) |
| 01/05/2004 |
270
103 kb.
|
MOTION to Amend Witness List by Richard
Michael
Simkanin (dld, ) (Entered: 01/05/2004) |
| 01/05/2004 |
269
55 kb.
|
STIPULATION to Government's Summary
Exhibit
Sharing Sufficient Income to File a Return (dld, ) (Entered: 01/05/2004) |
| 01/05/2004 |
268
115 kb.
|
Requested Jury Instructions by Richard
Michael
Simkanin (dld, ) (Entered: 01/05/2004) |
| 01/05/2004 |
267
174 kb.
|
MOTION to Dismiss the Indictment for
Failure to
Comply with Rule 6(f) by Richard Michael Simkanin (dld, ) (Entered:
01/05/2004) |
| 01/05/2004 |
266 |
MOTION in Limine for Second Trial by
Richard
Michael Simkanin (dld, ) (Entered: 01/05/2004) |
| 01/05/2004 |
265 |
MOTION to Dismiss the Indictment Because
of
Improper Delegation by Congress to the Internal Revenue Service by
Richard Michael Simkanin (dld, ) (Entered: 01/05/2004) |
| 01/05/2004 |
264 |
RESPONSE to Motion by Richard Michael
Simkanin
re 249 MOTION in
Limine (dld, ) (Entered: 01/05/2004) |
| 01/05/2004 |
263 |
MOTION for Jury Consultant to Sit at
Counsel's
Table During Jury Selection by Richard Michael Simkanin (dld, )
(Entered: 01/05/2004) |
| 12/31/2003 |
262 |
Minute Entry for proceedings held before
Judge
John McBryde : Telephone Conference as to Richard Michael Simkanin held
on 12/31/03; AUSA David Jarvis, Richard Roper & Atty Arch McColl
participating; Govt's motion for leave to file reply out of time is
granted; Deft's motion for leave to file supp is denied; Deft's motion
for leave to use videotape is denied as to video itself, Crt will
consider after deft testifies whether to allow use of transcript;
witnesses to be here at 8:30 a.m.; Govt's second motion in limine is
granted; Deft's motion to amend witness list is granted in part to add
Stadtmider as character witness and is otherwise denied; no information
from juror lists or info disclosed in court will be disclosed to
anyone; motion for leave to file motion for continuance is granted;
motion for continuance is denied; Deft will not offer any exhibits
without first approaching bench; Govt's motion for pretrial evidentiary
hearing granted- heard during telephone/conf hearing. (Court Reporter
Eileen Brewer.) (dld, ) (Entered: 01/05/2004) |
| 12/31/2003 |
261 |
MOTION for Leave to File Motion to
Dismiss
Superceding Indictment by Richard Michael Simkanin (dld, ) (Entered:
01/05/2004) |
| 12/31/2003 |
260 |
RESPONSE to Motion by USA as to Richard
Michael
Simkanin re 248 MOTION
for Leave to File Motion for Continuance of Trial (dld, ) (Entered:
01/05/2004) |
| 12/31/2003 |
259 |
RESPONSE to 258 Motion for Continuance by
USA as to Richard
Michael Simkanin (dld, ) (Entered: 01/05/2004) |
| 12/31/2003 |
258 |
MOTION for Continuance of Trial by
Richard
Michael Simkanin (dld, ) (Entered: 12/31/2003) |
| 12/31/2003 |
257 |
ORDER granting 248 Motion for Leave to
File as to Richard Michael
Simkanin (1) (Signed by Judge John McBryde on 12/31/03) (dld, )
(Entered: 12/31/2003) |
| 12/31/2003 |
256 |
First Amended EXHIBIT LIST by USA as to
Richard
Michael Simkanin (dld, ) (Entered: 12/31/2003) |
| 12/31/2003 |
255 |
Proposed Supplemental Voir Dire Questions
by USA
as to Richard Michael Simkanin (dld, ) (Entered: 12/31/2003) |
| 12/31/2003 |
254 |
TRIAL MEMORANDUM NO. 2 Concerning the
Admissibility of Evidence to Show the True Motive of the Defendant as
Relevant Evidence of "Wilfulness" as to Richard Michael Simkanin filed
by USA (dld, ) (Entered: 12/31/2003) |
| 12/31/2003 |
253 |
Proposed Jury Instructions No.6 by USA as
to
Richard Michael Simkanin (dld, ) (Entered: 12/31/2003) |
| 12/31/2003 |
252 |
Proposed Jury Instructions No. 5 by USA as
to
Richard Michael Simkanin (dld, ) (Entered: 12/31/2003) |
| 12/31/2003 |
251 |
Proposed Jury Instructions No. 4 by USA as
to
Richard Michael Simkanin (dld, ) (Entered: 12/31/2003) |
| 12/31/2003 |
250 |
REPLY to Defendant's Response to
Government's
First Memorandum as to Richard Michael Simkanin by USA (dld, )
(Entered: 12/31/2003) |
| 12/31/2003 |
249 |
Second MOTION in Limine by USA as to
Richard
Michael Simkanin (dld, ) (Entered: 12/31/2003) |
| 12/31/2003 |
248 |
MOTION for Leave to File Motion for
Continuance
of Trial by Richard Michael Simkanin (dld, ) (Entered: 12/31/2003) |
| 12/30/2003 |
247 |
MOTION to Reply Out of Time by USA as to
Richard Michael Simkanin (dld, ) (Entered: 12/30/2003) |
| 12/30/2003 |
246 |
REQUESTED Jury Security Measures by USA as
to
Richard Michael Simkanin (dld, ) (Entered: 12/30/2003) |
| 12/30/2003 |
245 |
MOTION for a Pretrial Evidentiary Hearing
Based
Upon the Defendant's Witness and Exhibit List by USA as to Richard
Michael Simkanin (dld, ) (Entered: 12/30/2003) |
| 12/24/2003 |
244 |
MOTION to File Supplement to Defendant's
Response to Government's Supplemental Memorandum on December 31, 2003
by Richard Michael Simkanin (dld, ) (Entered: 12/30/2003) |
| 12/24/2003 |
243 |
MOTION for Leave to File Supplement to
Defendant's Response to Government's Supplemental Memorandum on
December 31, 2003 by Richard Michael Simkanin (dld, ) (Entered:
12/30/2003) |
| 12/24/2003 |
242 |
MOTION for Leave to Use Video Tape at
Trial by
Richard Michael Simkanin (dld, ) (Entered: 12/30/2003) |
| 12/24/2003 |
241 |
MOTION to Use Video Tape Relied on by the
Defendant by Richard Michael Simkanin (dld, ) (Entered: 12/30/2003) |
| 12/24/2003 |
240 |
MOTION for Leave to Amend Witness List by
Richard Michael Simkanin (dld, ) (Entered: 12/30/2003) |
| 12/24/2003 |
239 |
ORDER as to Richard Michael Simkanin : The
court
ORDERS that by 2:00pm on December 29, 2003, United States of America
file a reply to the response of defendant, RICHARD MICHAEL SIMKANIN, to
the government's memorandum. (Signed by Judge John McBryde on December
24, 2003) (jmb, ) (Entered: 12/24/2003) |
| 12/23/2003 |
238 |
RESPONSE by Richard Michael Simkanin to
213 Government's Memorandum
(wrb, ) (Entered: 12/24/2003) |
| 12/23/2003 |
237 |
ORDER denying 218 Motion to Amend/Correct
as to Richard Michael
Simkanin (1) (Signed by Judge John McBryde on 12/23/03) (wrb, )
(Entered: 12/24/2003) |
| 12/22/2003 |
236 |
WITNESS LIST by Richard Michael Simkanin
(dld, )
(Entered: 12/23/2003) |
| 12/22/2003 |
235 |
EXHIBIT LIST by Richard Michael Simkanin
(dld, )
(Entered: 12/23/2003) |
| 12/22/2003 |
234 |
WITNESS LIST by USA as to Richard Michael
Simkanin (dld, ) (Entered: 12/22/2003) |
| 12/22/2003 |
233 |
EXHIBIT LIST by USA as to Richard Michael
Simkanin (dld, ) (Entered: 12/22/2003) |
| 12/22/2003 |
232 |
ORDER as to Richard Michael Simkanin : so
that
the parties will be aware of a communication the court has received
relative to this action, the court is attaching to this order as an
exhibit a copy of a letter dated December 15, 2003, from Frederick K
Smart III, and the attachments to such letter, the court received
December 19, 2003. (Signed by Judge John McBryde on 12/22/03) (dld, )
(Entered: 12/22/2003) |
| 12/22/2003 |
231 |
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on November 25, 2003; Volume 2 Trial Transcript before
Judge John McBryde. Court Reporter: Eileen Brewer. (csw, ) (Entered:
12/22/2003) |
| 12/22/2003 |
230 |
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on November 24, 2003; Volume 1 Trial Transcript before
Judge John McBryde. Court Reporter: Eileen Brewer. (csw, ) (Entered:
12/22/2003) |
| 12/19/2003 |
229 |
ORDER as to Richard Michael Simkanin : so
that
the parties will be aware of a communication the court has received
relative to this action, the court is attaching to this order as an
exhibit a copy of an updated letter signed on behalf of "Rose Lear" the
court received December 19, 2003. (Signed by Judge John McBryde on
12/19/03) (dld, ) (Entered: 12/22/2003) |
| 12/19/2003 |
228 |
ORDER as to Richard Michael Simkanin : so
that
the parties will be aware of a communication the court has received
relative to this action, the court is attaching to this order as an
exhibit a memorandum regarding a telephone call the court received
December 19, 2003. (Signed by Judge John McBryde on 12/19/03) (dld, )
(Entered: 12/22/2003) |
| 12/19/2003 |
227 |
ORDER as to Richard Michael Simkanin : So
that
parties will be aware of communication court has received relative to
the action, court is attaching to this order as an exhibit a copy of an
email transmission received by the court on 12/18/03, which appears to
be text of a 12/11/03 letter sent by someone to USCA 5 (Signed by Judge
John McBryde on 12/19/03) (pdm, ) (Entered: 12/19/2003) |
| 12/19/2003 |
226 |
ORDER as to Richard Michael Simkanin : So
that
parties will be aware of communication court has received relative to
the action, court is attaching to this order as an exhibit a copy of a
letter dated 12/16/03 singed "David Nagy," the court received 12/18/03
(Signed by Judge John McBryde on 12/19/03) (pdm, ) (Entered: 12/19/2003) |
| 12/19/2003 |
225 |
ORDER as to Richard Michael Simkanin : So
that
parties will be aware of communication court has received relative to
the action, court is attaching to this order as an exhibit a copy of a
letter dated 12/15/03 singed "Rose Lear," the court received 12/18/03,
and a copy of material that came with the letter (Signed by Judge John
McBryde on 12/19/03) (pdm, ) (Entered: 12/19/2003) |
| 12/19/2003 |
223 |
Supplemental REPLY by USA to the Court's
Order
to Provide a Brief on Defendant's Duty to Withhold and Truthfully Pay
Over (dld, ) (Entered: 12/19/2003) |
| 12/18/2003 |
224 |
RESPONSE to Motion by USA as to Richard
Michael
Simkanin re 218 MOTION to
Modify Terms of Pretrial Release... (pdm, ) (Entered: 12/19/2003) |
| 12/18/2003 |
222 |
ORDER: 219
Motion to Continue as to Richard Michael Simkanin isdenied without
prejudice to the right of deft to file by 2:00 p.m. on Dec 22, 2003, a
further motion for continuance due to the additional charges in the
superseding indictment. (Signed by Judge John McBryde on 12/18/03)
(dld, ) (Entered: 12/19/2003) |
| 12/17/2003 |
221 |
SUPERSEDING INDICTMENT as to Richard
Michael
Simkanin (1) count(s) 1ss-12ss, 13ss-27ss, 28ss-31ss. (pdm, ) (Entered:
12/19/2003) |
| 12/17/2003 |
220 |
ORDER as to Richard Michael Simkanin : So
that
parties are aware of communication court received relative to this
action, court is attaching to this order as an exhibit a memo regarding
a phone call the court received 12/17/03 (Signed by Judge John McBryde
on 12/17/03) (pdm, ) (Entered: 12/18/2003) |
| 12/16/2003 |
218 |
MOTION to Modify Terms of Pre-Trial
Release
Based on Bond Hearing Testimony of Agent Under Fictitious Name by
Richard Michael Simkanin (dld, ) (Entered: 12/17/2003) |
| 12/16/2003 |
217 |
REPLY to 168 MOTION to Continue by USA as
to Richard
Michael Simkanin (dld, ) (Entered: 12/17/2003) |
| 12/15/2003 |
219 |
MOTION for Continuance by Richard Michael
Simkanin (dld, ) (Entered: 12/17/2003) |
| 12/15/2003 |
216 |
ORDER as to Richard Michael Simkanin : so
that
the parties will be aware of a communication the court has received
relative to this action, the court is attaching to this order as an
exhibit a memorandum regarding a telephone call the court received
December 12, 2003. (Signed by Judge John McBryde on 12/15/03) (dld, )
(Entered: 12/17/2003) |
| 12/15/2003 |
215 |
Minute Entry for proceedings held before
Judge
John McBryde : Telephone Conference as to Richard Michael Simkanin held
on 12/15/03; AUSA Jarvis & Deft's Atty mcColl attending; discussion
of order requiring brief; 2pm Friday to file Brief; 2pm Tues Dec 23 to
file response. (Court Reporter E Brewer.) (dld, ) (Entered: 12/16/2003) |
| 12/15/2003 |
214 |
ORDER as to Richard Michael Simkanin :
Memorandum required by the court's Dec 1, 2003 Order due by 2:00 p.m.
on 12/19/200; deft granted leave to file by 2:00 p.m. on Dec 23, 2003,
his response, if any, to the Memorandum. (Signed by Judge John McBryde
on 12/15/03) (dld, ) (Entered: 12/16/2003) |
| 12/12/2003 |
213 |
Govt's BRIEF on Defendant's Duty to
Withhold and
Truthfully Pay over as to Richard Michael Simkanin : (dld, ) (Entered:
12/16/2003) |
| 12/11/2003 |
212 |
ORDER as to Richard Michael Simkanin : so
that
the parties will be aware of a communicazation the clerk of this court
has received relative to this action, the court is attaching to this
order as an exhibit a letter from D.C. Wornock, dated December 8, 2003,
which the court received December 10, 2003. (Signed by Judge John
McBryde on 12/11/03) (dld, ) (Entered: 12/12/2003) |
| 12/05/2003 |
211 |
ORDER denying 194 Motion to Dismiss as to
Richard Michael
Simkanin (1); denying 195
Motion to Dismiss as to Richard Michael Simkanin (1) (Signed by Judge
John McBryde on 12/5/2003) (dld, ) (Entered: 12/08/2003) |
| 12/05/2003 |
210 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 194
MOTION to Dismiss cOUNTS 13-27 (mjw, ) (Entered: 12/08/2003) |
| 12/05/2003 |
209 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 195
MOTION to Dismiss (mjw, ) (Entered: 12/08/2003) |
| 12/04/2003 |
208 |
Minute Entry for proceedings held before
Judge
John McBryde : Telephone Conference as to Richard Michael Simkanin held
on 12/4/03. Ct informed attys of a telephone call one of the jurors in
the first trial made to the court expressing concern over contact by
"Republic of Texas" people with jurors after the trial. Ct requested
attys to submit memos to be filed in the papers of the case on ways to
prevent potential improper influence on the jurors in the next trial.
Mr Jarvis stated on the record the evidence he agreed not to go into
during the next trial. Mr Jarvis will file a superseding indictment, by
Dec 17, 2003, with misdemeanor allegations that dft failed to file
individual tax returns. If dft files a motion for continuance after
receiving the superseding indictment, the USA has 1 day in which to
respond. AUSA Jarvis and McColl present. (Court Reporter Eileen
Brewer.) (mjw, ) (Entered: 12/05/2003) |
| 12/04/2003 |
207 |
ORDER as to Richard Michael Simkanin :
Telephone
Conference RE-set for 12/4/2003 01:30 PM before John McBryde. (Signed
by Judge John McBryde on 12/4/03) (mjw, ) (Entered: 12/05/2003) |
| 12/03/2003 |
206 |
ORDER as to Richard Michael Simkanin :
Telephone
Conference set for 12/4/2003 11:00 AM before John McBryde. (Signed by
Judge John McBryde on 12/3/03) (mjw, ) (Entered: 12/04/2003) |
| 12/01/2003 |
205 |
ORDER...the attys representing the govt
and dft
in the above case shall not make any argument or statement to, or in
the presence of, any member of the jury, that would have a tendency, or
be calculated, to inform any member of the jury that is to serve in the
trial of the case that the members of the jury are not obligated to
follow in their deliberations and in reaching a verdict instructions
given by the court to the jury....the parties and the attys involved
and every on action on behalf, or at the behest, of any of them,
refrain from taking any action that would have a tendency, or be
calculated, to cause any member of the jury that is to serve in the
trial of the case to be informed that the members of the jury are not
obligated to follow in their deliberations and in reaching a verdict
instructions given by the court to the jury as to Richard Michael
Simkanin : (Signed by Judge John McBryde on 12/1/03) (mjw, ) (Entered:
12/03/2003) |
| 12/01/2003 |
204 |
SCHEDULING ORDER as to Richard Michael
Simkanin
: Jury Trial set for 1/5/2004 09:00 AM before John McBryde...all
deadlines fixed by orders previously signed in this case remain in
effect except as follows: each party file that party's exhibit and
witness lists by 2:00pm on Monday, Dec 22, 2003..should dft wish to
enter a plea of guilty on the basis of a plea agreement, the proceeding
with reference thereto must be scheduled to be conducted no later than
the morning of Dec 19, 2003, and arrangements for the scheduling of the
plea must be finalized by 3:00pm, on Dec 18, 2003, otherwise the case
will proceed to trial at 9:00am on Jan 5, 2004...by 2:00pm on Dec 15,
2003, the govt file a memorandum (see order for specifics)...if
Simkanin wishes to respond to the memorandum the govt is required by
the preceding part of this order to file, he file his response by
2:00pm on Dec 19, 2003...by 2:00pm on Dec 5, 2003 the govt file its
response to the documents dft filed Nov 25, 2003, bearing the titles
"Defendant's Motion to Dismiss Counts 1-12 of the Indictment for
Failing to Charge an Offense with Incorporated Memorandum of Law" and
"Defendant's Motion to Dismiss Counts 13 through 27 for Lack of
Jurisdiction," respectively. (Signed by Judge John McBryde on 12/1/03)
(mjw, ) (Entered: 12/03/2003) |
| 12/01/2003 |
203 |
ORDER...so that the parties will be aware
of a
communication the court has rec'd relative to the action, the court is
attaching to this order as an exhibit an item the court rec'd by
facsimile transmission the morning of Nov 26, 2003, bearing the title
"Employer Simkanin Prosecution Ends in Mistrial" as to Richard Michael
Simkanin : (Signed by Judge John McBryde on 12/1/03) (mjw, ) (Entered:
12/03/2003) |
| 11/25/2003 |
202 |
Jury Notes as to Richard Michael Simkanin
(dld,
) (Entered: 12/02/2003) |
| 11/25/2003 |
201 |
Minute Entry for proceedings held before
Judge
John McBryde : 2nd day of Jury Trial as to Richard Michael Simkanin
held on 11/25/2003; AUSA Jarvis, Deft w/ Retd Atty Arch McColl present;
trial ends; jury deliberates; Jury questions filed; Crt declared a
mistrial, trial to be set at a later date; returned to all parties at
the conclusion of trial; (Court Reporter Eileen Brewer.) (dld, )
(Entered: 12/02/2003) |
| 11/26/2003 |
200 |
ORDER denying 179 Motion for Leave to File
as to Richard Michael
Simkanin (1); denying 186
Motion for FBI 302's and Jencks Material as to Richard Michael Simkanin
(1); denying 193 Motion
for Acquittal as to Richard Michael Simkanin (1) (Signed by Judge John
McBryde on 11/26/03) (mjw, ) (Entered: 11/26/2003) |
| 11/25/2003 |
195 |
DFT'S MOTION to Dismiss Counts 1-12 of the
Indictment for failing to cahrge an offense with Memorandum of Law by
Richard Michael Simkanin (mjw, ) (Entered: 11/26/2003) |
| 11/25/2003 |
194 |
DFT'S MOTION to Dismiss Counts 13-27 for
lack of
jurisdiction by Richard Michael Simkanin (mjw, ) (Entered: 11/26/2003) |
| 11/25/2003 |
193 |
MOTION for Judgment of Acquittal by
Richard
Michael Simkanin (mjw, ) (Entered: 11/26/2003) |
| 11/24/2003 |
199 |
Jury Roll as to Richard Michael Simkanin
(mjw, )
(Entered: 11/26/2003) |
| 11/24/2003 |
198 |
Jury Charge as to Richard Michael
Simkanin.
Signed by Judge John McBryde on 11/24/03. (mjw, ) (Entered: 11/26/2003) |
| 11/24/2003 |
197 |
Minute Entry for proceedings held before
Judge
John McBryde : 1st Day of Jury Trial as to Richard Michael Simkanin
held on 11/24/03., Voir Dire begun on 11/24/03 as to Richard Michael
Simkanin (1) on Count 1s-3s,4s,5s-12s,13s-27s. Jury selected. Jury
sworn. Jury trial held. Govt and dft evidence presented. Evidence
concluded. Final arguments. Court's charge to jury. Custody continued.
Adjourned until Nov 25, 2003 at 8:30am. (Court Reporter Eileen Brewer.)
(mjw, ) (Entered: 11/26/2003) |
| 11/24/2003 |
196 |
Minute Entry for proceedings held before
Judge
John McBryde : AUSA Jarvis and McColl present.Docket Call as to Richard
Michael Simkanin held on 11/24/03. Allen McGown-agent present. Dft
present. Witnesses sworn. Dft withdraws Selgas as witness. (Court
Reporter Eileen Brewer.) (mjw, ) (Entered: 11/26/2003) |
| 11/24/2003 |
191 |
Govt's Proposed Requested Questions for
Voir
Dire as to Richard Michael Simkanin : (mjw, ) Modified on 11/25/2003
(mjw, ). (Entered: 11/25/2003) |
| 11/24/2003 |
190 |
GOVT'S PROPOSED Supplemental Jury
Instructions
No 2 by USA as to 135
Proposed Jury Instructions (mjw, ) (Entered: 11/25/2003) |
| 11/24/2003 |
189 |
GOVT'S PROPOSED Supplemental Jury
Instructions
No 1 by USA as to 135
Proposed Jury Instructions (mjw, ) (Entered: 11/25/2003) |
| 11/24/2003 |
188 |
DFT'S WITNESS LIST by Richard Michael
Simkanin
(mjw, ) (Entered: 11/25/2003) |
| 11/24/2003 |
187 |
DFT'S EXHIBIT LIST by Richard Michael
Simkanin
(mjw, ) (Entered: 11/25/2003) |
| 11/24/2003 |
186 |
DFT'S MOTION for FBI 302's and Jencks
Material
to be proved prior to jury selection by Richard Michael Simkanin (mjw,
) (Entered: 11/25/2003) |
| 11/24/2003 |
185 |
DFT'S Supplemental OBJECTIONS AND
REQUESTED
INSTRUCTIONS by Richard Michael Simkanin as to 167 Remark (mjw, )
(Entered: 11/25/2003) |
| 11/24/2003 |
184 |
GOVT'S PROPOSED Supplemental Document by
USA as
to 153 Proposed Jury
Instructions No 3 (mjw, ) (Entered: 11/25/2003) |
| 11/21/2003 |
192 |
Minute Entry for proceedings held before
Judge
John McBryde : AUSA Jarvis and Arch McColl present.Motion Hearing as to
Richard Michael Simkanin held on 11/21/03 re 161 MOTION to Reopen Rule
11 Inquiry filed by USA, 173 MOTION in Limine
filed by USA. Dft present, Ct Ex 1 proposed charge. (Court Reporter
Eileen Brewer.) (mjw, ) (Entered: 11/25/2003) |
| 11/21/2003 |
183 |
ORDER granting 165 Motion for Leave to
File motion to
dismiss...the clerk is to file dft's motion to dismiss as to Richard
Michael Simkanin (1); denying 181
Motion to Dismiss counts 13-27 for failure to state an offense as to
Richard Michael Simkanin (1) (Signed by Judge John McBryde on 11/21/03)
(mjw, ) (Entered: 11/24/2003) |
| 11/21/2003 |
182 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 181
MOTION to Dismiss counts 13-27 for failure to state an offense Cheek v.
US 498, 192, 111 S.Ct. 604 (1991) (mjw, ) (Entered: 11/24/2003) |
| 11/21/2003 |
181 |
DFT'S MOTION to Dismiss Counts 13-27 for
failure
to state offense Cheek v. US 498, 192, 111 S Ct 604 (1991) by Richard
Michael Simkanin (mjw, ) (Entered: 11/24/2003) |
| 11/21/2003 |
180 |
DFT'S RESPONSE to Motion by Richard
Michael
Simkanin re 173 MOTION in
Limine (mjw, ) (Entered: 11/24/2003) |
| 11/21/2003 |
179 |
DFT'S MOTION for Leave to File Motion of
Additional Requested Jury Instruction by Richard Michael Simkanin (mjw,
) (Entered: 11/24/2003) |
| 11/21/2003 |
178 |
GOVT'S TRIAL MEMORANDUM NO 1 DFT MUST
FIRST LAY
PROPER PREDICATE AND SHOW THAT DFT ACTUALLY RELIED ON EXPERT ADVICE
PRIOR TO BEING ALLOWED TO OFFER SUCH EXPERT TESTIMONY as to Richard
Michael Simkanin : (mjw, ) (Entered: 11/24/2003) |
| 11/21/2003 |
177 |
GOVT'S REPLY TO DFT'S OBJECTIONS TO THE
GOVTS
PROPOSED JURY INSTRUCTIONS as to Richard Michael Simkanin : (mjw, )
(Entered: 11/24/2003) |
| 11/21/2003 |
176 |
GOVT'S REPLY by USA as to Richard Michael
Simkanin re 166 Proposed
Jury Instructions -authorities and dft's submission of requested jury
instructions (mjw, ) (Entered: 11/24/2003) |
| 11/21/2003 |
175 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 165
MOTION for Leave to File Motion to Dismiss Counts 13-27 for failure to
state offense Cheek v. US 498, 192, 111 Ct 604 (1991) (mjw, ) (Entered:
11/24/2003) |
| 11/21/2003 |
174 |
ORDER denying 168 Motion to Continue as to
Richard Michael
Simkanin (1) (Signed by Judge John McBryde on 11/21/2003) (dld, )
(Entered: 11/21/2003) |
| 11/20/2003 |
173 |
MOTION in Limine Concerning the
Defendant's
Offer of Confusing and Irrelevant Evidence On Issue of Defendant's
State of Mindby USA as to Richard Michael Simkanin (dld, ) (Entered:
11/21/2003) |
| 11/20/2003 |
172 |
RESPONSE to Motion by USA as to Richard
Michael
Simkanin re 168 MOTION to
Continue (dld, ) (Entered: 11/21/2003) |
| 11/20/2003 |
|
Set/Reset Deadlines for govt to file an
expedited response as to Richard Michael Simkanin : on the following
items: dft's motion for 2-week continuance of trial, dft's proposed
jury instructions-authorities, dft's objections to govt's porposed jury
instructions, dft's motion for leave to file motion to dismiss counts
13-27 for failure to state offense Cheek v. US 498, 192, 111 S Ct 604
(1991) and dft's motion to dismiss counts 13-27 for failure to state
offense Cheek v. US 498, 192, 111 S Ct 604 (1991) [proposed for filing
but not filed] Responses due by 11:00am on 11/21/2003 (mjw, ) (Entered:
11/20/2003) |
| 11/20/2003 |
171 |
ORDER...by 11:00am on Nov 21, 2003 the
govt file
an expedited response to each of the following items: Dft's motion for
2-seek continuance of trial, Dft's proposed jury
instructions-authorities, Dft's objections to govt's proposed jury
instructions, Dft's motion for leave to file motion to dismiss counts
13-27 for failure to state offense Cheek v. US 498, 192, 111 S Ct 604
(1991) and Dft's motion to dismiss counts 13-27 for failure to state
offense Cheek v. US 498, 192, 111 S Ct 604 (1991) [proposed for filing
but not filed] as to Richard Michael Simkanin : that there be a hearing
for the court to consider any matters that need to be considered in
advance of trial...counsel for each party and dft be present at the
hearing. Motion Hearing set for 11/21/2003 02:30 PM before John
McBryde. (Signed by Judge John McBryde on 11/20/03) (mjw, ) (Entered:
11/20/2003) |
| 11/19/2003 |
170 |
GOVT'S WITNESS LIST by USA as to Richard
Michael
Simkanin (mjw, ) (Entered: 11/20/2003) |
| 11/19/2003 |
169 |
GOVT'S EXHIBIT LIST by USA as to Richard
Michael
Simkanin (mjw, ) (Entered: 11/20/2003) |
| 11/19/2003 |
168 |
DFT'S MOTION for 2-week Continuance of
trial by
Richard Michael Simkanin (mjw, ) (Entered: 11/20/2003) |
| 11/19/2003 |
167 |
DFT'S OBJECTIONS TO GOVT'S PROPOSED JURY
INSTRUCTIONS as to Richard Michael Simkanin : (mjw, ) (Entered:
11/20/2003) |
| 11/19/2003 |
166 |
DFT'S Proposed Jury Instructions by
Richard
Michael Simkanin (mjw, ) (Entered: 11/20/2003) |
| 11/19/2003 |
165 |
DFT'S MOTION for Leave to File Motion to
Dismiss
Counts 13-27 for failure to state offense Cheek v. US 498, 192, 111 Ct
604 (1991) by Richard Michael Simkanin (mjw, ) (Entered: 11/20/2003) |
| 11/18/2003 |
164 |
ORDER...so that the parties to this action
will
be aware of a communication the court has rec'd relative to this
action, the court is attaching to this order as an exhibit an item the
court rec'd in the mail on the date of the signing of this order in an
envelope bearing a return address of "Walter Allen, Thompson." as to
Richard Michael Simkanin : (Signed by Judge John McBryde on 11/18/03)
(mjw, ) (Entered: 11/19/2003) |
| 11/18/2003 |
163 |
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on Sept 26, 2003 1:33pm before Judge McBryde. Court
Reporter: Eileen Brewer. Telephone conference. (mjw, ) (Entered:
11/19/2003) |
| 10/28/2003 |
|
Set/Reset Hearings as to Richard Michael
Simkanin : Jury Trial set for 11/24/2003 09:00 AM before John McBryde.
(mjw, ) (Entered: 10/30/2003) |
| 10/28/2003 |
162 |
ORDER...the plea of guilty Simkanin
entered Sept
30, 2003, to Count 4 of the superseding indictment is Set Aside and of
no force or effect...the adjudication of guilt of Simkanin of the
offense charged by Count 4 of the superseding indictment, as stated on
the record of the Sept 30, 2003, rearraignment hearing is Set Aside and
of not force or effect...the plea agreement between Simkanin and USA,
which shows to have been agreed to and signed Swpt 29, 2003, and which
was filed with the papers in this case on Sept 30, 2003 is
Rejected...this case is set for jury trial at 9:00am on Nov 24, 2003,
at which time and date Simkanin, counsel, and all witnesses will be
present in the Fourth Floor Courtroom, US Courthouse, Ft Worth,
Tx...all previously fixed by orders of the fourt remain in effect,
except as follows: that the paragraph 10 of the scheduling order the
court signed August 12, 2003 is amended to read as follows: 10. The
court has determined that the interest of justice and orderly
proceedings would best be served if a deadline were to be fixed for
presentation to the court of a plea agreement by dft in the above
captioned action. Therefore, should dft wish to enter a plea of guilty
on the basis of a plea agreement, the proceeding with reference thereto
must be scheduled to be conducted no later than the morning of Nov 17,
2003, and arrangements for the scheduling of the plea be finalized by
3:00pm on Nov 12, 2003; otherwise the case will proceed to trial at
9:00am on Nov 24, 2003... as to Richard Michael Simkanin : (Signed by
Judge John McBryde on 10/28/03) (mjw, ) (Entered: 10/30/2003) |
| 10/24/2003 |
161 |
GOVT'S MOTION to Reopen Rule 11 Inquiry by
USA
as to Richard Michael Simkanin (mjw, ) (Entered: 10/27/2003) |
| 10/10/2003 |
160 |
ORDER...on Oct 9, 2003, the court rec'd a
letter
from Peter Hellerman...it is attached to this order so that the parties
will be apprised of this communication with the court as to Richard
Michael Simkanin : (Signed by Judge John McBryde on 10/10/03) (mjw, )
(Entered: 10/10/2003) |
| 09/30/2003 |
159 |
Factual Resume as to Richard Michael
Simkanin
(mjw, ) (Entered: 10/01/2003) |
| 09/30/2003 |
158 |
PLEA AGREEMENT as to Richard Michael
Simkanin
(mjw, ) (Entered: 10/01/2003) |
| 09/30/2003 |
157 |
Minute Entry for proceedings held before
Judge
John McBryde : AUSA Jarvis and Arch McColl (R) present. Rearraignment
Hearing as to Richard Michael Simkanin held on 9/30/03., Plea entered
by Richard Michael Simkanin (1) Guilty Count 4s., Set/Reset Hearings as
to Richard Michael Simkanin : Sentencing set for 1/2/2004 09:00 AM
before John McBryde. Dft sworn. NSG. Defense waived reading of
indictment. Court defers acceptance of Plea agreement. Plea agreement
filed. Factual resume filed. Dft adjudged guilty as to Count 4. PSI due
11/10/03. Presentence referral form to McColl. Custody continued. Ct
exhibit 1 admitted.(Court Reporter Eileen Brewer.) (mjw, ) (Entered:
10/01/2003) |
| 09/30/2003 |
156 |
Sentencing Scheduling Order as to Richard
Michael Simkanin : Presentence Investigation Report due by 11/10/2003.
Objections to Presentence Investigation Report due by 11/24/2003.
Presentence Investigation Addendum due by 12/8/2003. Objections to
Presentence Investigation Addendum due by 12/15/2003. Sentencing set
for 1/2/2004 09:00 AM before John McBryde. (Signed by Judge John
McBryde on 9/30/03) (mjw, ) (Entered: 10/01/2003) |
| 09/29/2003 |
155 |
ORDER as to Richard Michael Simkanin :
Rearraignment set for 9/30/2003 10:00 AM before John McBryde. (Signed
by Judge John McBryde on 9/29/03) (dld, ) (Entered: 09/30/2003) |
| 09/29/2003 |
153 |
GOVT'S Proposed Jury Instructions by USA
as to
Richard Michael Simkanin (mjw, ) (Entered: 09/30/2003) |
| 09/26/2003 |
154 |
ORDER as to Richard Michael Simkanin :
consistent w/ court's instructions during telephone conference held
9/26/03: USA file proposed charge by 2:00 p.m. 9/29/03; deft file
objections to proposed charge and its proposed charge by 2:00 p.m.
9/30/03; USA file response to objections by 2:00 p.m. 10/1/03; parties
file a brief by 2:00 p.m. on 9/30/03, and parties file response to
those briefs by 2:00 p.m. 10/1/03. (Signed by Judge John McBryde on
9/26/03) (dld, ) (Entered: 09/30/2003) |
| 09/26/2003 |
152 |
Minute Entry for proceedings held before
Judge
John McBryde : Telephone Conference as to Richard Michael Simkanin held
on 9/26/03. Ct ordered dft to file his objections and his proposed
charge by 2:00pm on Sept 30, 2003. Ct ordered the parties to file
briefs consistent with the court's instructions by 2:00pm on Sept 30,
2003, and a response by 2:00pm on Oct 1, 2003. Attys present were AUSA
Roper/Jarvis and Arch McColl. (Court Reporter Eileen Brewer.) (mjw, )
(Entered: 09/30/2003) |
| 09/26/2003 |
151 |
Memorandum Of Points and Authorities in
Support
re 150 Motion to Quash
Indictment and Motion to Dismiss for Want of Personal and Subject
Matter Jurisdiction by Richard Michael Simkanin (dld, ) (Entered:
09/29/2003) |
| 09/26/2003 |
150 |
MOTION No 14 to Quash Indictment and
Motion to
Dismiss for Want of Personal and Subject Matter Jurisdiction by Richard
Michael Simkanin with BRIEF. (dld, ) (Entered: 09/29/2003) |
| 09/26/2003 |
149 |
MOTION No 13 to Dismiss the Indictment
for
Failure to State an Offense; for Vagueness; for Lack of Notice; and for
Failure to Publish the Employee's Form 1040 in the Federal Register by
Richard Michael Simkanin with BRIEF. (dld, ) (Entered: 09/29/2003) |
| 09/26/2003 |
148 |
MOTION No 12 to Strike Surplusage to
Avoid
Undue Consumption of Time Explaining Things Not in the Core Counts of 1
Through 12 of the Indictment by Richard Michael Simkanin with BRIEF.
(dld, ) (Entered: 09/29/2003) |
| 09/26/2003 |
147 |
MOTION No 11 in Limine Regarding Improper
Political and Pecuniary Statements by Richard Michael Simkanin with
BRIEF. (dld, ) (Entered: 09/29/2003) |
| 09/26/2003 |
146 |
MOTION No 10 to Exclude Employees of the
Government from the Jury Panel for Cause, Motion for Voir Dire by
Richard Michael Simkanin with BRIEF. (dld, ) (Entered: 09/29/2003) |
| 09/26/2003 |
145 |
MOTION No 9 to Dismiss Indictment Due to
Selective Prosecution, or in the Alternative, for Evidentiary Hearing
and Discovery, or in the Alternative, for In Camera Review by Richard
Michael Simkanin with BRIEF. (dld, ) (Entered: 09/29/2003) |
| 09/26/2003 |
144 |
Motion No. 5 for 2-Page Jury Questionnaire
with
12 Questions by the Court to Save Time in a Controversial Case and
Memorandum of Authorities by Richard Michael Simkanin with BRIEF. (dld,
) (Entered: 09/29/2003) |
| 09/26/2003 |
142 |
ORDER granting 117 Motion for Leave to
File motion number 1 as to
Richard Michael Simkanin (1); granting 118 Motion for Leave to File
motion number 5 as to
Richard Michael Simkanin (1); granting 121 Motion for Leave to File
motion number 12 as
to Richard Michael Simkanin (1); granting 122 Motion for Leave to File
motion number 13 as
to Richard Michael Simkanin (1); granting 123 Motion for Leave to File
motion number 14 as
to Richard Michael Simkanin (1); granting 126
Motion for Leave to File motion number 9 as to Richard Michael Simkanin
(1); and the all motions granted to file are denied; (Signed by Judge
John McBryde on 9/26/03) (dld, ) (Entered: 09/29/2003) |
| 09/26/2003 |
141 |
AMENDED AGREED CHARGE TO THE COURT by USA
as to
Richard Michael Simkanin (mjw, ) (Entered: 09/29/2003) |
| 09/26/2003 |
140 |
Agreed ORDER - Rule 16 Discovery Part I as
to
Richard Michael Simkanin : re: Govt to produce (Signed by Judge John
McBryde on 9/26/03) (dld, ) (Entered: 09/26/2003) |
| 09/26/2003 |
139 |
Agreed ORDER - Rule 16 Discovery Part I as
to
Richard Michael Simkanin : re: Govt to produce (Signed by Judge John
McBryde on 9/26/03) (dld, ) (Entered: 09/26/2003) |
| 09/26/2003 |
138 |
Agreed ORDER - Limine 404(b) Evidence as
to
Richard Michael Simkanin : re: govt to direct govt witnesses not to
mention, alludeto, or refer to, any extrinsic acts, prior convictions,
alleged violations of law or other crimes, wrongs or acts committed by
deft (Signed by Judge John McBryde on 9/26/03) (dld, ) (Entered:
09/26/2003) |
| 09/26/2003 |
137 |
Agreed ORDER - Electronic Surveillance as
to
Richard Michael Simkanin : re: order for govt to affirm or deny
existence of electronic or mechanical surveillance, tape, video, etc
(Signed by Judge John McBryde on 9/26/03) (dld, ) (Entered: 09/26/2003) |
| 09/26/2003 |
136 |
Agreed ORDER - Fed Rule EV 404(b) as to
Richard
Michael Simkanin : parties acknowledge that Govt will produce in
writing notice of any evidence it intends to introduce of other crimes,
wrongs or acts of misconduct pursuant to the amendment to Rule 404(b)
w/ sufficient notice to defend against this 404(b) accusation; (Signed
by Judge John McBryde on 9/26/03) (dld, ) (Entered: 09/26/2003) |
| 09/25/2003 |
135 |
GOVT'S Proposed Jury Instructions by USA
as to
Richard Michael Simkanin (mjw, ) (Entered: 09/26/2003) |
| 09/24/2003 |
134 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 123 MOTION for Leave to File Motion No 14 and
memorandum to quash indictment and motion to dismiss for want of
personal and subject matter jurisdiction (mjw, ) (Entered: 09/25/2003) |
| 09/24/2003 |
133 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 122 MOTION for Leave to File Motion No 13 and
Brief and contained therein to dismiss the indictment for failure to
state an offense; for vagueness; for lack of notice; and for failure to
publish the employee's Form 1040 in the federal register (mjw, )
(Entered: 09/25/2003) |
| 09/24/2003 |
132 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 121 MOTION for Leave to File Motion No 12 and
brief and contained therein to strike surplusage to avoid undue
consumption of time explaining things not in the core counts of 1
through 12 of the indictment (mjw, ) (Entered: 09/25/2003) |
| 09/24/2003 |
131 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 120 MOTION for Leave to File Motion No 11 and
Brief and contained therein in limine regarding improper political and
pecuniary statements (mjw, ) (Entered: 09/25/2003) |
| 09/24/2003 |
130 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 119 MOTION for Leave to File Motion No 10 and
Brief and contained therein to exclude employees of the govt from the
jury panel for cause, motion for voir dire (mjw, ) (Entered: 09/25/2003) |
| 09/24/2003 |
129 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 126 MOTION for Leave to File Motion No 9 and Brief
and contained therein to dismiss indictment due to selective
prosecution, or in the laternative, for evidentiary hearing and
discovery or in the alternative for in camera review (mjw, ) (Entered:
09/25/2003) |
| 09/24/2003 |
128 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 118 MOTION for Leave to File Motion No 5 and Brief
contained therein for 2-page jury questionnaire with 12 questions by
the court to same time in a controversial case (mjw, ) (Entered:
09/25/2003) |
| 09/24/2003 |
127 |
GOVT'S RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 117 MOTION for Leave to File Motion No 1 and Brief
in Support and Contained therein-for 12 Questions by the Court (mjw, )
(Entered: 09/25/2003) |
| 09/18/2003 |
126 |
Dft's MOTION for Leave to File Motion No 9
and
Brief and contained therein to dismiss indictment due to selective
prosecution, or in the laternative, for evidentiary hearing and
discovery or in the alternative for in camera review by Richard Michael
Simkanin (mjw, ) (Entered: 09/22/2003) |
| 09/18/2003 |
125 |
RULE 16 REQUESTS FOR DISCLOSURE AND
INSPECTION
OF DOCUMENTS--PART II as to Richard Michael Simkanin : (mjw, )
(Entered: 09/19/2003) |
| 09/18/2003 |
124 |
VERIFICATION OF SERVICE OF RULE 16 REQUEST
FOR
PRODUCTION AND RESULTS as to Richard Michael Simkanin : (mjw, )
(Entered: 09/19/2003) |
| 09/18/2003 |
123 |
DFT'S MOTION for Leave to File Motion No
14 and
memorandum to quash indictment and motion to dismiss for want of
personal and subject matter jurisdiction by Richard Michael Simkanin
(mjw, ) (Entered: 09/19/2003) |
| 09/18/2003 |
122 |
DFT'S MOTION for Leave to File Motion No
13 and
Brief and contained therein to dismiss the indictment for failure to
state an offense; for vagueness; for lack of notice; and for failure to
publish the employee's Form 1040 in the federal register by Richard
Michael Simkanin (mjw, ) (Entered: 09/19/2003) |
| 09/18/2003 |
121 |
DFT'S MOTION for Leave to File Motion No
12 and
brief and contained therein to strike surplusage to avoid undue
consumption of time explaining things not in the core counts of 1
through 12 of the indictment by Richard Michael Simkanin (mjw, )
(Entered: 09/19/2003) |
| 09/18/2003 |
120 |
DFT'S MOTION for Leave to File Motion No
11 and
Brief and contained therein in limine regarding improper political and
pecuniary statements by Richard Michael Simkanin (mjw, ) (Entered:
09/19/2003) |
| 09/18/2003 |
119 |
DFT'S MOTION for Leave to File Motion No
10 and
Brief and contained therein to exclude employees of the govt from the
jury panel for cause, motion for voir dire by Richard Michael Simkanin
(mjw, ) (Entered: 09/19/2003) |
| 09/18/2003 |
118 |
DFT'S MOTION for Leave to File Motion No 5
and
Brief contained therein for 2-page jury questionnaire with 12 questions
by the court to same time in a controversial case by Richard Michael
Simkanin with Memorandum in Support. (mjw, ) (Entered: 09/19/2003) |
| 09/18/2003 |
117 |
DFT'S MOTION for Leave to File Motion No 1
and
Brief in Support and Contained therein-for 12 Questions by the Court to
Prospective Jurors on Voir Dire Examination in the event the Court
denies motion No 5 for questionnaire to jury by Richard Michael
Simkanin with Brief in Support. (mjw, ) (Entered: 09/19/2003) |
| 09/08/2003 |
116 |
ORDER striking 114 Motion
to Dismiss as to Richard Michael Simkanin (1); striking 114 Motion
to Quash and to dismiss and Memorandum in support thereof as to Richard
Michael Simkanin (1) (Signed by Judge John McBryde on 9/8/03) (mjw, )
(Entered: 09/10/2003) |
| 09/08/2003 |
115 |
STRICKEN PER ORDER 9/8/03...Memorandum in
Support re 114
MOTION to Dismiss MOTION to Quash by Richard Michael Simkanin (mjw, )
Modified on 9/10/2003 (mjw, ). (Entered: 09/10/2003) |
| 09/08/2003 |
114 |
STRICKEN PER ORDER 9/8/03...Dft's MOTION
No 17
to Quash Indictment and to Dismiss for want of personal and subject
matter jurisdiction by Richard Michael Simkanin (mjw, ) Modified on
9/10/2003 (mjw, ). (Entered: 09/10/2003) |
| 09/08/2003 |
113 |
ORDER striking 106 Motion to Compel as to
Richard Michael
Simkanin (1) (Signed by Judge John McBryde on 9/8/03) (mjw, ) (Entered:
09/10/2003) |
| 09/08/2003 |
112 |
ORDER granting 101 Motion for Leave to
File motion to dismiss as
to Richard Michael Simkanin (1) USA's response due by 4:30pm on
9/9/2003. (Signed by Judge John McBryde on 9/8/03) (mjw, ) (Entered:
09/10/2003) |
| 09/08/2003 |
111 |
Govt's RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 101 MOTION for Leave to File Motion to Dismiss for
Lack of Subject Matter and Personal Jurisdiction (mjw, ) (Entered:
09/09/2003) |
| 09/05/2003 |
110 |
ORDER denying 102 Motion to change
conditions of release of bond
as to Richard Michael Simkanin (1) (Signed by Judge John McBryde on
9/5/03) (mjw, ) (Entered: 09/09/2003) |
| 09/05/2003 |
109 |
ORDER denying 99 Motion to Modify
Conditions of Release as to
Richard Michael Simkanin (1) (Signed by Judge John McBryde on 9/5/03)
(mjw, ) (Entered: 09/09/2003) |
| 09/05/2003 |
108 |
ORDER...USA file a response to motion for
leave
to file motion to dismiss as to Richard Michael Simkanin : Responses
due by 2:00pm on 9/10/2003 (Signed by Judge John McBryde on 9/5/03)
(mjw, ) (Entered: 09/09/2003) |
| 09/05/2003 |
106 |
STRICKEN PER ORDER 9/8/03...DFT'S MOTION
NO 19
to Compel Discovery and to hold this Motion to compel in Abeyance
pending the refiling of dft's pretrial motions by Richard Michael
Simkanin with Brief. (mjw, ) Modified on 9/10/2003 (mjw, ). (Entered:
09/08/2003) |
| 09/04/2003 |
107 |
ORDER denying as moot 100 Motion for Leave
to File as to Richard Michael
Simkanin (1) (Signed by Judge John McBryde on 9/4/03) (mjw, ) (Entered:
09/09/2003) |
| 09/04/2003 |
105 |
ORDER...USA file an expedited response to
motion
to modify conditions of release as to Richard Michael Simkanin :
Responses due by 4:30pm on 9/5/2003 (Signed by Judge John McBryde on
9/4/03) (mjw, ) (Entered: 09/05/2003) |
| 09/04/2003 |
104 |
Govt's NOTICE of Intent to Use Video &
Audio
Recordings as to Richard Michael Simkanin by USA (mjw, ) (Entered:
09/05/2003) |
| 09/04/2003 |
103 |
Govt's Opposition by USA as to Richard
Michael
Simkanin re 99 MOTION to Modify Conditions of Release (mjw, )
(Entered: 09/05/2003) |
| 09/04/2003 |
102 |
Dft's Supplement MOTION No 15 to Change
Conditions of Bond by Richard Michael Simkanin (mjw, ) (Entered:
09/05/2003) |
| 09/04/2003 |
101 |
Dft's MOTION No 16 for Leave to File
Motion to
Dismiss for Lack of Subject Matter and Personal Jurisdiction by Richard
Michael Simkanin (mjw, ) (Entered: 09/05/2003) |
| 09/03/2003 |
100 |
Dft's Unopposed MOTION for Leave to File
Pretrial motions one day late by Richard Michael Simkanin (mjw, )
(Entered: 09/04/2003) |
| 09/03/2003 |
99 |
Dft's MOTION No 14 to Modify Conditions of
Release by allowing Ave J Halfway House with electronic monitor by
Richard Michael Simkanin (mjw, ) (Entered: 09/04/2003) |
| 09/03/2003 |
98 |
Dft's NOTICE OF USE OF VIDEO TAPE as to
Richard
Michael Simkanin (mjw, ) (Entered: 09/03/2003) |
| 08/27/2003 |
97 |
ORDER...the court is amending the dates
contained in paragraphs 12 through 15 of the scheduling order signed on
August 12, 2003, so that those paragraphs, as amended, read as follows:
12. Counsel for United States of America deliver to counsel for
defendant by September 22, 2003, a copy of her proposed court's charge
to the jury. 13. Counsel for defendant deliver to counsel for United
States of America by September 24, 2003, (i) a statement, prepared with
specificity, of any objection his client has to any part of the
proposed charge counsel for United States of America has delivered
pursuant to paragraph (a) above, and (ii) the text of all additional
instructions his client wishes to have included in the court's charge
to the jury. Each such objection and each such additional instruction
shall be accompanied by citations of authorities supporting defendant's
objection or request. 14. At 9:00am on September 25, 2003, the lead
attorneys for the parties to this action shall meet face-to-face in the
office of the United States Attorney in Fort Worth, Texas, for the
purposes of (i) discussing, and trying to resolve, differences between
the parties as to language to be included in the court's charge to the
jury and (ii) identifying areas of disagreement that cannot be
resolved. Such meeting shall be held for a sufficient length of time
for there to be a meaningful discussion of all areas of disagreement
and a meaningful attempt to accomplish agreement. Each attorney shall
cooperate fully in all matters related to such a meeting. 15. By 2:00pm
on September 25, 2003, counsel for United States of America shall
furnish to the court, in a single document, a proposed court's charge
to the jury, which shall contain, in logical sequence, all language to
be included in the charge about which the parties do not have
disagreement and all language either party wishes to have included in
the charge about which there is disagreement. All language of the
proposed charge about which there is disagreement shall be (i) in bold
face, (ii) preceded by an indication of the identity of the party
requesting the language, and (iii) followed by a listing of citations
of authorities in favor of and in opposition to the proposed language.
United States of America shall also furnish to the court a computer
disk containing the proposed charge and the indictment. In all other
respects, the scheduling order the court signed on August 12, 2003,
remains in full force and effect as to Richard Michael Simkanin :
(Signed by Judge John McBryde on 8/27/03) (mjw, ) (Entered: 08/29/2003) |
| 08/13/2003 |
96 |
SUPERSEDING INDICTMENT as to Richard
Michael
Simkanin (1) count(s) 1s-12s, 13s-27s. (geb, ) (Entered: 08/15/2003) |
| 08/13/2003 |
94 |
ORDER granting 93 Motion for new order on
accuracy of transcripts
as to Richard Michael Simkanin (1); see order for specifics (Signed by
Judge John McBryde on 8/12/03) (dld, ) (Entered: 08/13/2003) |
| 08/12/2003 |
|
Reset Scheduling Order Deadlines as to
Richard
Michael Simkanin : Jury Trial set for 10/6/2003 09:00 AM before John
McBryde. Motions due by 9/2/2003; see order for specifics; (dld, )
(Entered: 08/13/2003) |
| 08/12/2003 |
95 |
ORDER granting 92
Motion for new scheduling order as to Richard Michael Simkanin (1)
(Signed by Judge John McBryde on 8/12/03) (dld, ) (Entered: 08/13/2003) |
| 08/12/2003 |
93 |
Agreed MOTION for New Order on Accuracy of
Transcripts by USA, Richard Michael Simkanin as to Richard Michael
Simkanin (pdm, ) (Entered: 08/12/2003) |
| 08/12/2003 |
92 |
Agreed MOTION for New Scheduling Order by
USA,
Richard Michael Simkanin as to Richard Michael Simkanin (pdm, )
(Entered: 08/12/2003) |
| 08/08/2003 |
91 |
ORDER granting 90
Motion to Continue Trial as to Richard Michael Simkanin (1) Jury Trial
set for 10/6/2003 09:00 AM before John McBryde; see order for
specifics; (Signed by Judge John McBryde on 8/8/03) (dld, ) (Entered:
08/11/2003) |
| 08/07/2003 |
90 |
Unopposed MOTION # 5 to Continue Trial
Date by
Richard Michael Simkanin (pdm, ) (Entered: 08/08/2003) |
| 07/31/2003 |
89 |
ORDER...Counsel for USA deliver to counsel
for
dft by August 18, 2003, a copy of her proposed court's charge to jury.
Counsel for dft deliver to counsel for USA by August 20, 2003 a
statement of any objection his client has to any part of the proposed
charge. At 9:00am on August 21, 2003, lead attys meet face-to-face in
the office of the US Atty. By 2:00pm on August 21, 2003, counsel for
USA shall furnish to the court a proposed court's charge to the jury.
as to Richard Michael Simkanin : (Signed by Judge John McBryde on
7/31/03) (mjw, ) (Entered: 08/01/2003) |
| 07/31/2003 |
88 |
ORDER...by 2:00pm on Aug 14, 2003, dft
reimburse
the govt in the total amount of $4,645.04 by making payment of this
amount to the Clerk of this court in her Ft Worth office as to Richard
Michael Simkanin : (Signed by Judge John McBryde on 7/31/03) (mjw, )
(Entered: 08/01/2003) |
| 07/30/2003 |
87 |
ORDER...that items 1-30, set forth in this
order, are stricken and the Clerk un-file said items...thatn"Dft's
Motion No 28 for Two Day Extension of Time to File Pretrial Motions is
denied... striking 69
Motion as to Richard Michael Simkanin (1); striking 70 Motion as to
Richard
Michael Simkanin (1); striking 71 Motion to Dismiss as
to Richard Michael Simkanin (1); striking 71 Motion for Hearing
as to Richard Michael Simkanin (1); striking 72 Motion to Dismiss as
to Richard Michael Simkanin (1); striking 72 Motion as to Richard
Michael Simkanin (1); striking 73 Motion for
Disclosure as to Richard Michael Simkanin (1); striking 74 Motion for
Disclosure as to Richard Michael Simkanin (1); striking 75 Motion for
Disclosure as to Richard Michael Simkanin (1); striking 76 Motion for
Disclosure as to Richard Michael Simkanin (1); striking 77 Motion as to
Richard
Michael Simkanin (1); striking 79 Motion as to Richard
Michael Simkanin (1); striking 82 Motion for Leave to
File as to Richard Michael Simkanin (1); denying 83 Motion for
Extension
of Time as to Richard Michael Simkanin (1)...see order for specifics.
(Signed by Judge John McBryde on 7/30/03) (mjw, ) (Entered: 08/01/2003) |
| 07/30/2003 |
86 |
CJA 24 as to Richard Michael Simkanin :
Authorization to Pay Ruben Gonzalez Jr $ 277.05 for Transcript, Voucher
# 030730000002. (Signed by Judge John McBryde on 7/29/03) (mjw, )
(Entered: 07/31/2003) |
| 07/30/2003 |
85 |
Minute Entry for proceedings held before
Judge
John McBryde : AUSA Jarvis and Arch McCall present.Telephone Conference
as to Richard Michael Simkanin held on 7/30/03. Ct ordered the motions
that dft filed on 7/28/03 stricken and un-filed. (Court Reporter Eileen
Brewer.) (mjw, ) (Entered: 07/31/2003) |
| 07/30/2003 |
84 |
CJA 20 as to Richard Michael Simkanin :
Authorization to Pay Ruben Gonzalez Jr. Amount: $ 4,367.99, Voucher #
030731000010. (Signed by Judge John McBryde on 7/30/03) (mjw, )
(Entered: 07/31/2003) |
| 07/30/2003 |
83 |
DFT'S MOTION NO 28 for Two Day Extension
of Time
to File Pre-Trial Motions by Richard Michael Simkanin (mjw, ) (Entered:
07/31/2003) |
| 07/30/2003 |
82 |
UNFILED PER ORDER 7/30/03... MOTION for
Leave to
File Motion to Dismiss Indictment for failure to state all the elements
of the offense and for lack of underlying law giving rise to the duty
for one citizen to collect the taxes of another citizen by Richard
Michael Simkanin with Brief in Support. (mjw, ) (Entered: 07/31/2003) |
| 07/29/2003 |
81 |
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on July 9, 2003 Telephone Conference before Judge John
McBryde. Court Reporter: Eileen Brewer (19 pgs). (csw, ) (Entered:
07/30/2003) |
| 07/28/2003 |
80 |
ORDER denying 64 Motion for Extension
of Time as to Richard Michael Simkanin (1) (Signed by Judge John
McBryde on 7/28/03) (mjw, ) (Entered: 07/30/2003) |
| 07/28/2003 |
79 |
UNFILED PER ORDER 7/30/03...DFT'S NO 25
MOTION
to Allow Preliminary Opening Statements to the Entire Jury Panel Before
Jury Selection Begins by Richard Michael Simkanin (mjw, ) Modified on
7/31/2003 (mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
78 |
UNFILED PER ORDER 7/30/03...DFT'S NO 24
MOTION
in Limine Regarding Improper Political and Pecuniary Statements by
Richard Michael Simkanin (mjw, ) Modified on 7/31/2003 (mjw, ).
(Entered: 07/29/2003) |
| 07/28/2003 |
77 |
UNFILED PER ORDER 7/30/03...DFT'S NO 23
MOTION
to Exclude Employees of the Govt from the Jury Panel for Cause and for
Voir Dire by Richard Michael Simkanin (mjw, ) Modified on 7/31/2003
(mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
76 |
UNFILED PER ORDER 7/30/03..DFT'S NO 22
MOTION
for Disclosure of Affidavits Requesting Wire Tap Authorization and
Other Surveillance by Richard Michael Simkanin (mjw, ) Modified on
7/31/2003 (mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
75 |
UNFILED PER ORDER 7/30/03...DFT'S NO 21
MOTION
for Disclosure of Exculpatory Computer Evidence by Richard Michael
Simkanin (mjw, ) Modified on 7/31/2003 (mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
74 |
UNFILED PER ORDER 7/30/03...DFT'S NO 20
MOTION
for Disclosure of Informants by Richard Michael Simkanin (mjw, )
Modified on 7/31/2003 (mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
73 |
UNFILED PER ORDER 7/30/03...DFT'S NO 19
MOTION
for Disclosure of Exculpatory Evidence Tax Case by Richard Michael
Simkanin (mjw, ) Modified on 7/31/2003 (mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
72 |
UNFILED PER ORDER 7/30/03...DFT'S NO 18
MOTION
to Dismiss Indictment, or in the alternative, MOTION to Stay
Proceedings for Failure to Comply with 28 USC 1861 ET SEQ by Richard
Michael Simkanin (mjw, ) Modified on 7/31/2003 (mjw, ). (Entered:
07/29/2003) |
| 07/28/2003 |
71 |
UNFILED PER ORDER 7/30/03...Dft's No 17
MOTION
to Dismiss Due to Selective Prosecution, or in the alternative, MOTION
for Evidentiary Hearing and Discovery, or in the alternative, MOTION
For In Camera Review by Richard Michael Simkanin (mjw, ) Modified on
7/31/2003 (mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
70 |
UNFILED PER ORDER...Dft's No 16A MOTION
for Bill
of Particulars by Richard Michael Simkanin with Brief in Support. (mjw,
) Modified on 7/31/2003 (mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
69 |
UNFILED PER ORDER 7/30/03...No 16 MOTION
For
Bill of Particulars by Richard Michael Simkanin (mjw, ) Modified on
7/31/2003 (mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
68 |
UNFILED PER ORDER 7/30/03...DFT'S LIST OF
PRE-TRIAL MOTIONS as to Richard Michael Simkanin : (mjw, ) Modified on
7/31/2003 (mjw, ). (Entered: 07/29/2003) |
| 07/28/2003 |
67 |
Memorandum in Support re 64 MOTION
for Extension of Time (dld, ) (Entered: 07/28/2003) |
| 07/25/2003 |
66 |
RESPONSE to Motion by USA as to Richard
Michael
Simkanin re 64
MOTION for Extension of Time (dld, ) (Entered: 07/28/2003) |
| 07/23/2003 |
65 |
ORDER...on July 23, 2003, the undersigned
rec'd
yet another letter related to the above captioned action. A copy of the
letter is attached to this order as an exhibit so that it will be part
of the record, and so that the attys will be apprised of this
communication with the court as to Richard Michael Simkanin : (Signed
by Judge John McBryde on 7/23/03) (mjw, ) (Entered: 07/25/2003) |
| 07/23/2003 |
64 |
DFT'S AGREED MOTION for Extension of Time
for
filing pretrial motions and filing notice of intent to use audio
recordings, video tape or transcripts to July 31, 2003 by Richard
Michael Simkanin (mjw, ) (Entered: 07/24/2003) |
| 07/22/2003 |
63 |
ORDER...by 4:30pm on Aug 11, 2003, each
party
who has given timely notice of intent to use any audio or video
recording in this trial shall file with the clerk, and deliver to the
other party a list of each recording such party might use...and a
transcript in the English language of each part the party might use of
each recording...by 4:30pm on Aug 15, 2003, each party shall file with
the clerk, and deliver to the other party, an instrument advising of
any disagreement the filing party has with the accuracy of any
transcript that has been delivered...see order for specifics.... as to
Richard Michael Simkanin : (Signed by Judge John McBryde on 7/22/03)
(mjw, ) (Entered: 07/24/2003) |
| 07/22/2003 |
62 |
ORDER...so that dft and his counsel will
be
aware, a member of the court's staff rec'd an ex parte telephone call
from counsel for the govt on July 21, 2003...counsel for both parties
are reminded that communications of that kind with members of the
court's staff are communications with with court, and are not
appropriate as to Richard Michael Simkanin : (Signed by Judge John
McBryde on 7/22/03) (mjw, ) (Entered: 07/24/2003) |
| 07/22/2003 |
61 |
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on July 10, 2003 2:03pm before Judge McBryde. Court
Reporter: Eileen Brewer. Detention Hearing (mjw, ) (Entered: 07/23/2003) |
| 07/21/2003 |
60 |
GOVT'S NOTICE OF INTENT TO USE VIDEO &
AUDIO
RECORDINGS as to Richard Michael Simkanin by USA (mjw, ) (Entered:
07/22/2003) |
| 07/21/2003 |
59 |
ORDER...on July 21, 2003, the undersigned
rec'd
yet another letter related to the above captioned action. A copy of the
letter is attached to this order as an exhibit so that it will be
apprised of this communication with the court as to Richard Michael
Simkanin : (Signed by Judge John McBryde on 7/21/03) (mjw, ) (Entered:
07/22/2003) |
| 07/21/2003 |
58 |
ORDER...in July 21, 2003, the undersigned
rec'd
a letter related to the above captioned action...a copy of the letter
is attached to this order as an exhibit so that it will be part of the
record, and so that the attys will be apprised of this communication
with the court as to Richard Michael Simkanin : (Signed by Judge John
McBryde on 7/21/03) (mjw, ) (Entered: 07/22/2003) |
| 07/17/2003 |
57 |
ORDER granting 54 Motion for
New Deadline to File Notice of Intent to Use Video of Audio Recording
or Transcript...extended as to the govt to file such notice no later
than Monday, July 21, 2003 as to Richard Michael Simkanin (1) (Signed
by Judge John McBryde on 7/17/03) (mjw, ) (Entered: 07/18/2003) |
| 07/17/2003 |
56 |
ORDER granting 55 Motion for
Extension of Time...the deadline for dft to file pre-trial motions is
extended to July 28, 2003 as to Richard Michael Simkanin (1) (Signed by
Judge John McBryde on 7/17/03) (mjw, ) (Entered: 07/18/2003) |
| 07/17/2003 |
55 |
DFT'S AGREED MOTION NO 2 for Extension of
Time
To File Pre-Trial Motions by Richard Michael Simkanin with Brief. (mjw,
) (Entered: 07/18/2003) |
| 07/17/2003 |
54 |
Govt's MOTION for new deadline to file
notice of
intent to use video or audio recording or transcript by USA as to
Richard Michael Simkanin (mjw, ) (Entered: 07/18/2003) |
| 07/16/2003 |
53 |
ORDER...on july 15, 2003, a member of the
court's staff rec'd a telephone call in regard to the above captioned
action. The court is attaching a copy of a memorandum detailing that
telephone call to this orde ran exhibit so that the parties will be
apprised of this communication with the court as to Richard Michael
Simkanin : (Signed by Judge John McBryde on 7/16/03) (mjw, ) (Entered:
07/17/2003) |
| 07/15/2003 |
52 |
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on June 27, 2003 9:28am before Judge McBryde. Court
Reporter: Eileen Brewer. Arraignment. (mjw, ) (Entered: 07/16/2003) |
| 07/14/2003 |
51 |
ORDER...that Simkanin is committed to the
custody of Atty Gen, or his designated representative, for confinement
in a corrections facility separate, to the extent practicable, from
persons awaiting or serving sentences or being held in custody pending
appeal; Simkanin be afforded a reasonable opportunity for private
consultation with defense counsel; and, on order of a court of the US
or on request of an attorney for the Govt, the person in charge of the
corrections facility in which Simkanin is confined deliver Simkanin to
a US marshal for the purpose of an appearance in connection with a
court proceeding as to Richard Michael Simkanin : (Signed by Judge John
McBryde on 7/14/03) (mjw, ) (Entered: 07/15/2003) |
| 07/14/2003 |
50 |
ORDER...the session scheduled to be held
in the
above-captioned case at 10:00am on July 15, 2003 is cancelled as to
Richard Michael Simkanin : (Signed by Judge John McBryde on 7/14/03)
(mjw, ) (Entered: 07/15/2003) |
| 07/14/2003 |
49 |
GOVT'S BRIEF RELATING TO SUFFICIENCY OF
INDICTMENT as to Richard Michael Simkanin : (mjw, ) (Entered:
07/15/2003) |
| 07/14/2003 |
48 |
MEMORANDUM IN SUPPORT OF RELEASE OF DFT TO
HOUSE
ARREST WITH ELECTRONIC MONITORING as to Richard Michael Simkanin :
(mjw, ) (Entered: 07/15/2003) |
| 07/14/2003 |
47 |
GOVT'S SUPPLEMENTAL ARGUMENT RELATING TO
GOVT'S
REQUEST FOR DISTRICT COURT REVIEW OF MAGISTRATE COURT'S ORDER RELEASING
DFT as to Richard Michael Simkanin : (mjw, ) (Entered: 07/15/2003) |
| 07/11/2003 |
45 |
ORDER finding as moot 29 Motion to
Substitute
Attorney Ramon Douglas Coffin for Ruben Gonzales as to Richard Michael
Simkanin (1) (Signed by Judge John McBryde on 7/11/03) (mjw, )
(Entered: 07/15/2003) |
| 07/11/2003 |
44 |
ORDER...the motion of dft to substitute
counsel
is granted...that Arch McColl III is designated as Simkanin's retained
counsel of record...that Simkanin's court-appointed counsel, Ruben
Gonzalez is relieved of any further responsibilities as Simkanin's
counsel...Simkanin will reimburse the govt for the services provided by
Gonzalez...by 10:00am on July 10, 2003, USA and Simkanin, through
counsel, file briefs addressing the legal issues to be briefed...the
July 10, 2003, hearing is in recess until 10:00am on July 15, 2003...
as to Richard Michael Simkanin : (Signed by Judge John McBryde on
7/11/03) (mjw, ) Modified on 7/14/2003 (mjw, ). (Entered: 07/14/2003) |
| 07/11/2003 |
38 |
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on July 10, 2003 2:02pm before Judge McBryde. Court
Reporter: Eileen Brewer. Closing Remarks. (mjw, ) (Entered: 07/14/2003) |
| 07/10/2003 |
46 |
Minute Entry for proceedings held before
Judge
John McBryde : AUSA Jarvis and Gonzalez/McColl/Coffin present. Dft
present.Hearing as to Richard Michael Simkanin held on 7/10/03. Ct
granted verbal motion of dft to substitute counsel. McColl is dft's
retain counsel of record. Gonzalez discharged. Dft will reimburse govt
for Gonzalez services. Parties annouced ready. Witnesses sworn in.
Dft's exhibit 5 admitted. USA's exhibits 1-6 admitted. (Court Reporter
Eileen Brewer.) (mjw, ) (Entered: 07/15/2003) |
| 07/10/2003 |
43 |
NOTICE OF ATTORNEY APPEARANCE by Arch C
McColl
III appearing for Richard Michael Simkanin (mjw, ) (Entered: 07/14/2003) |
| 07/10/2003 |
41 |
MOTION to Correct Motion for Leave to
File
Supplemental Witness and Exhibit List by Richard Michael Simkanin (mjw,
) (Entered: 07/14/2003) |
| 07/10/2003 |
40 |
MOTION for Leave to File Supplemental
Exhibit
and Witness List by Richard Michael Simkanin (mjw, ) (Entered:
07/14/2003) |
| 07/10/2003 |
39 |
NOTICE OF ATTORNEY APPEARANCE by Arch C
McColl
III appearing for Richard Michael Simkanin (mjw, ) (Entered: 07/14/2003) |
| 07/10/2003 |
32 |
ORDER Unfiling Pleading as to as to
Richard
Michael Simkanin re 30 MOTION for Bill of Particulars due to the
following deficiency: does not contain a certificate of conference and
is not signed by attorney for defendant. (Signed by Judge John McBryde
on 07/07/03) (kjd, ) (Entered: 07/10/2003) |
| 07/09/2003 |
42 |
Minute Entry for proceedings held before
Judge
John McBryde : AUSA Roper and Gonzalez/Coffin present. Dft present on
line.Telephone Conference as to Richard Michael Simkanin held on
7/9/03. Ct discussed issues relating to the case, and the hearing to be
held on 7/10/03. Ct orderd parties to file witness and exhibit lists by
3:00pm on 7/9/03. (Court Reporter Eileen Brewer.) (mjw, ) (Entered:
07/14/2003) |
| 07/09/2003 |
37 |
ORDER...by 3:00pm on July 9, 2003...USA
and dft,
file a witness list and an exhibit list...see order for specifics... as
to Richard Michael Simkanin : (Signed by Judge John McBryde on 7/9/03)
(mjw, ) (Entered: 07/11/2003) |
| 07/09/2003 |
36 |
GOVT'S WITNESS LIST by USA as to Richard
Michael
Simkanin (mjw, ) (Entered: 07/11/2003) |
| 07/09/2003 |
35 |
GOVT'S EXHIBIT LIST by USA as to Richard
Michael
Simkanin (mjw, ) (Entered: 07/11/2003) |
| 07/09/2003 |
34 |
Dft's WITNESS & EXHIBIT LIST by
Richard
Michael Simkanin (mjw, ) (Entered: 07/11/2003) |
| 07/08/2003 |
33 |
MOTION for Short Conference with
Presiding
Judge by Richard Michael Simkanin (mjw, ) (Entered: 07/10/2003) |
| 07/03/2003 |
31 |
Govt's RESPONSE to Motion by USA as to
Richard
Michael Simkanin re 29
MOTION to Substitute Attorney. Added attorney R Douglas Coffin for
Richard Michael Simkanin. Motion Filed (mjw, ) (Entered: 07/08/2003) |
| 07/03/2003 |
30 |
[UNFILED per order of 7/07/03] MOTION for
Bill
of Particulars by Richard Michael Simkanin (mjw, ) Modified on
7/10/2003 (kjd, ). Modified on 7/10/2003 (kjd, ). (Entered: 07/08/2003) |
| 07/02/2003 |
29 |
Dft's Unopposed MOTION to Substitute
Attorney R
Douglas Coffin in place of Ruben Gonzalez. Added attorney R Douglas
Coffin for Richard Michael Simkanin. Motion Filed by Richard Michael
Simkanin (mjw, ) (Entered: 07/03/2003) |
| 07/02/2003 |
27 |
TRANSCRIPT of Proceedings as to Richard
Michael
Simkanin held on 6/25/2003 Dentention Hearing before Magistrate Judge
Irma C Ramirez. Court Reporter: Betty Tate. (83 pgs) (csw, ) (Entered:
07/02/2003) |
| 07/01/2003 |
28 |
ORDER...at 2:00pm on Thursday, July 10,
2003,
Simkanin, his atty and the assistant US atty responsible for the
prosecution of this case appear before the court for a hearing on
issues related to the possibility of pretrial release of Simkanin,
including consideration of the govt's appeal of the Magistrate Judge's
order releasing dft as to Richard Michael Simkanin : (Signed by Judge
John McBryde on 7/1/03) (mjw, ) (Entered: 07/02/2003) |