| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2003-08-14 |
1 |
0 |
Complaint |
COMPLAINT by Harry Lidsky, against Eugene K. Albino signed by Mag Judge Kevin S. Chang [ 1:03-m -622 ] (gab) |
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| 2003-08-14 |
2 |
0 |
Motion for Miscellaneous Relief |
MOTION to detain by USA as to defendant Eugene K. Albino without bail [ 1:03-m -622 ] (lmg) |
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| 2003-08-18 |
3 |
0 |
Order of Detention |
ORDER of Temporary Detention Pending Hearing Pursuant to Bail Reform Act as to Eugene K. Albino by Mag Judge Kevin S. Chang - motion of the government, it is ordered that a detentnion hearing is set for 08/18/03 at 1:30 p.m. before Mag Judge Kevin S. Chang [ 1:03-m -622 ] (lmg) |
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| 2003-08-14 |
4 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to Eugene K. Albino [ 1:03-m -622 ] (lmg) |
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| 2003-08-14 |
5 |
0 |
Minutes - Miscellaneous |
EP: Initial Appearance - defendant present, in custody. Defendant sworn to the financial affidavit and request for court appointed attorney is granted. Mr. Weight is appointed as defendant's counsel. Detention Hearing: 8/18/03, 1:30pm, Judge Chang Preliminary Hearing: 8/29/03, 10:00am, Judge Chang Defendant remanded to the custody of the USMS. INITIAL APPEARANCE of Eugene K. Albino ; , ; detention hearing set for 1:30 8/18/03 for Eugene K. Albino ; preliminary exam set for 10:00 8/29/03 for Eugene K. Albino before Mag Judge Kevin S. Chang , ; Eugene K. Albino Attorney Michael A. Weight present ( Ct Rptr: C5 tape #1161) by Judge Kevin S. Chang [ 1:03-m -622 ] (lmg) |
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| 2003-08-19 |
6 |
0 |
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APPEAL of Magistrate Judge's Order Releasing Defendant Pending Trial ; memorandum in support of appeal; certificate of service - by plaintiff USA [3-1] (cc: CRD, Judge David A. Ezra) [ 1:03-m -622 ] (lmg) |
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| 2003-08-18 |
7 |
0 |
Minutes - Miscellaneous |
EP: Detention Hearing - defendant present, in custody. Government objects to the recommendation from Pretrial Services. Government' motion is denied. Bail - Execute an unsecured bond in the amount of $25,000. (7b) Comply with pretrial services supervision, and abide by all conditions of release as directed by Pretrial Services. (7c) Maintain or actively seek employment, as directed by Pretrial Services. (7g2) Do not apply for/obtain a passport. (7h1) Travel is restricted to State of Hawaii; inter-island travel must be approved in advance by Pretrial Services. (7q) Placement at MILLER HALE. You are restricted to the facility at all times except as pre-approved by Pretrial Services. You are required to abide by all established rules of the facility. (7s2) You are prohibited from possessing, or having access to any firearm, ammunition, destructive device, or other dangerous weapon. Immediately surrender all firearms, ammunition, destructive devices, and other dangerous weapons to an agent approved by Pretrial Services. (7u) Do not use or possess illicit drugs, and do not be in the presence of illicit drug use or drug users/traffickers. (7v1) Submit to drug detection testing as approved by Pretrial Services. (7y) You must contribute toward the costs of the services required by this bond, to the extent you are financially able to do so, as determined by Pretrial Services. Other Conditions: Defendant shall not commit any offense in violation of federal, state, or local law while on release in this case. Defendant shall appear at all proceedings as required and shall surrender for service of any sentence imposed as directed. For purposes of appeal, this order is stayed for 24 hours from today. Defendant remanded to the custody of the USMS. :denying motion to detain by USA as to defendant Eugene K. Albino without bail [2-1] , $25,000.00 unsecured Bond set for Eugene K. Albino , ; Eugene K. Albino present ( Ct Rptr: C5 tape #1162) by Judge Kevin S. Chang [ 1:03-m -622 ] (lmg) |
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| 2003-08-20 |
8 |
0 |
Response in Opposition |
MEMORANDUM in opposition to government's memorandum in support of APPEAL of pretrial release; declaration of counsel; certificate of service [6-1] - on behalf of defendant Eugene K. Albino [ 1:03-m -622 ] (lmg) |
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| 2003-08-19 |
9 |
0 |
Notice of Hearing |
APPEAL of Magistrate Judge's Order Releasing Defendant Pending Trial [6-1] is set for 8/20/03 2:15pmDAE AUSA: Flo Nakakuni, AFPD: Pamela Byrne [ 1:03-m -622 ] (lmg) Modified on 08/21/2003 |
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| 2003-08-20 |
10 |
0 |
Minutes - Miscellaneous |
EP: Appeal of Magistrate Judge's Order Releasing Defendant Pending Trial. Defendant Eugene Albino present in custody. Appeal of Magistrate Judge's Order Releasing Defendant Pending Trial-CONTINUED to 8/26/2003 @9:00amDAE. Court orders that Defendant and his family are not allowed to contact any potential witnesses in this case. :setting hearing on appeal motion APPEAL of Magistrate Judge's Order Releasing Defendant Pending Trial [6-1] 8/26/03 9:00amDAE ; Pamela Byrne for Eugene K. Albino, USA Attorney Flo Nakakuni, present ( Ct Rptr: Cynthia Fazio) by Judge David A. Ezra [ 1:03-m -622 ] (lmg) |
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| 2003-08-21 |
11 |
0 |
Indictment |
EP: INDICTMENT by USA Counts filed against Eugene K. Albino (1) count(s) 1; Summons ordered ( ) by Mag Judge Chang (gs) |
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| 2003-08-22 |
12 |
0 |
Summons Issued |
PS issued as to Eugene K. Albino ; arraignment set for 1:30 8/26/03 for Eugene K. Albino before Mag Judge Kevin S. Chang (gs) |
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| 2003-08-26 |
13 |
0 |
Response in Support |
SUPPLEMENTAL MEMORANDUM in support of Government's appeal from Magistrate Judge's pretrial release Order [6-1] by plaintiff USA (bbb) |
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| 2003-08-26 |
14 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: A&P to the Indictment. A&P not held, to be rescheduled by the government. arraignment held on 8/26/03 by Judge Kevin S. Chang (bbb) |
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| 2003-08-27 |
15 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on A&P as to the Indictment set for 8/28/03 at 10:30am before Judge Chang. AUSA: Florence Nakakuni AFPD: Pamela Byrne ; arraignment set for 10:30 8/28/03 for Eugene K. Albino by Eugene K. Albino before Judge Kevin S. Chang (bbb) |
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| 2003-08-26 |
16 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Further Hearing on Appeal of Magistrate Judge's Order Releasing Defendant Pending Trial. Defendant Eugene Albino present in custody. Governments' Witnesses: Kawika Stone, Robert Kalawe, Jr. Defendant's Exhibits Received: A-E Further Hearing on Appeal of Magistrate Judge's Order Releasing Defendant Pending Trial-Magistrate Judge's Order VACATED. Court orders that defendant be held until trial. Defendant remanded to the custody of U.S. Marshals. [6-1] ; Eugene K. Albino, USA Attorney Flo Nakakuni, Pamela Byrne, Julie Wall-PTS present ( Ct Rptr: Cynthia Fazio) by Judge David A. Ezra (bbb) |
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| 2003-08-28 |
17 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: A&P to the Indictment - defendant present, in custody. Arraignment waived, plea of Not Guilty entered. Jury Selection/Trial: 10/21/03, 9:00am, Judge Ezra Final Pretrial Conference: 9/22/03, 10:00am, Judge Kurren Motions deadline: 9/17/03 Response deadline: 10/1/03 Defendant remanded to the custody of the USMS. ; jury trial set for 9:00 10/21/03; final pretrial conf set for 10:00 9/22/03 for Eugene K. Albino ; Eugene K. Albino, USA Attorney Florence Nakakuni for Thomas Muehleck, Pamela Byrne present ( Ct Rptr: C5 Tape #1167) by Judge Kevin S. Chang (bbb) |
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| 2003-09-03 |
18 |
0 |
Summons Returned Executed |
PS executed on 8/26/03 as to Eugene K. Albino (bbb) |
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| 2003-09-22 |
19 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final Pretrial Conference - not held. Deft's Oral M/Continue Trial GRANTED. No objection made by the govt. New dates given: JS/JT 12/16/2003 09:00:00 AM DAE FPT 11/17/2003 10:00:00 AM, KSC Motions due 10-21-03 Response due 11-4-03 Muehleck to prepare order excluding time from 10-21-03 thru 12-16-03 to enable defense counsel time to prepare for trial.; Eugene K. Albino, USA Attorney Thomas Muehleck, Michael A. Weight present ( Ct Rptr: C6 Tape #1463) by Judge Barry M. Kurren (bbb) |
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| 2003-09-24 |
20 |
0 |
Order |
ORDER granting defendant Eugene Albino's motion to continue trial and tolling time from computation under the speedy trial act; certificate of service by Mag Judge Barry M. Kurren re [19-3] ; jury trial set for 9:00 12/16/03 for Eugene K. Albino ; pretrial conference set for 10:00 11/17/03 for Eugene K. Albino , time excluded between 10/21/03 thru 12/16/03 (bbb) |
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| 2003-10-20 |
21 |
0 |
CJA 24 - Authorization to Pay |
CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Cynthia Fazio Voucher # 031019000006 in the amount of $335.50 (09/19/2003) for Eugene K. Albino by Judge David A. Ezra (bbb) |
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| 2003-10-31 |
22 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Motion to Withdraw Guilty Plea and to Plead Anew is set for 11/14/03 at 2:00pm before Judge Chang. The following dates have been vacated: Final Pretrial Conference: 11/17/03, 10:00am, Judge Chang Jury Trial: 12/16/03, 9:00am, Judge Ezra AUSA: Tom Muehleck AFPD: Pamela Byrne before Judge Kevin S. Chang (bbb) |
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| 2003-11-13 |
23 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on At defendant's request, the Motion for Withdrawal of Not Guilty Plea and to Plead Anew currently set for 11/14/03 at 2:00pm before Judge Chang is taken OFF. The following dates have been put back on the court's calendar: Final Pretrial Conference: 11/17/03, 10:00am, Judge Chang Jury Trial: 12/16/03, 9:00am, Judge Ezra AUSA: Thomas Muehleck AFPD: Pamela Byrne (bbb) |
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| 2003-11-17 |
24 |
0 |
Order |
ORDER reversing Magistrate's order by Judge David A. Ezra re [10-2], re [7-4] (bbb) |
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| 2003-11-17 |
25 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Final Pretrial Conference - defendant's presence waived. Final Pretrial Conference held. CRIMINAL FINAL PRETRIAL CONFERENCE Jury Trial before Judge David Alan Ezra on December 16, 2003 at 9:00.a.m.. Representations by counsel on trial time: The United States: 3 days Defendant: Eugene Albinio - 1 day Fed. R. Crim. P. 16(a) (1) (C) (E) disclosures made as to Defendants: 1. Fed. R. Evid. 404(b) : November 19, 2003 2. a. Motions in Limine filed and served by :November 26, 2003. b. Memoranda in opposition to motions in limine filed and served by: December 1, 2003. 3. Brady and Giglio Material by: none by the government 4. a. Jury Instructions exchanged by November 26, 2003. d. Filings required by 4(b) & (c) by: December 3, 2003. 5. Witness Lists per stipulation by December 9, 2003. 6. Exhibits a. Parties will exchange exhibits. b. Original exhibits tabbed and in folders/binders, copy in folders/binders. 7. Stipulations: In writing and filed by December 3, 2003. 8. Voir Dire Questions: In writing by December 3, 2003. 9. Trial Briefs: by December 3, 2003. 10. Jencks Disclosures. The government does not agree to turn over Jencks material before trial. 11. Other Matters: 12. Stipulation to Disclosure of Witnesses due 12/9/03.; Eugene K. Albino, USA Attorney Thomas Muehleck, Michael A. Weight present ( Ct Rptr: C5 Tape #1201) by Judge Kevin S. Chang (bbb) |
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| 2003-11-18 |
26 |
0 |
Miscellaneous Document |
Report of Final Pretrial Conference, Minutes and Order as to Eugene K. Albino by Mag Judge Kevin S. Chang (bbb) |
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| 2003-11-25 |
27 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew as to Eugene Albino is set for 12-2-03 @ 10:30 a.m., BMK. AUSA: Flroence Nakakuni Deft's counsel: Pamela Byrne PTS: Julie Wall before Judge Barry M. Kurren (bbb) |
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| 2003-11-26 |
28 |
0 |
Notice of Hearing |
NOTICE of hearing - Motion to Withdraw Not Guilty Plea and to Plead Anew as to Eugene Albino is continued from 12/02/03 to 11:00 12/3/03 before Mag Judge Barry M. Kurren (afc) |
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| 2003-12-02 |
29 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea set for December 03, 2003 @ ll: 45 a.m. will now be set for 2:00 p.m. on the same day before Judge Rafeedie. This hearing will take place in Courtroom Aha Kupono. Government Counsel-Thomas Muehleck Defendant's Counsel-Pamela Byrne before Judge Rafeedie (bbb) |
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| 2003-12-02 |
30 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Motion to Withdraw Not Guilty Plea and to Plead Anew as to Eugene Albino set for 12-3-03 @ 11 a.m. is moved to 11:45 a.m. the same day before Judge Kurren. AUSA: Thomas Muehleck Deft's counsel: Pamela Byrne by Judge Barry M. Kurren (bbb) |
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| 2003-12-03 |
31 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Motion for Withdrawal of Not Guilty Plea and to Plead Anew-Defendant present in Custody. Defendant Sworn in. Court questions the Defendant. No Plea Agreement. Defendant enters a Plea of Guilty as to the Indictment. Court accepts the Plea of Guilty as to the Indictment and Adjudges the Defendant Guilty. Defendant referred to the Probation Office for the preparation of the presentence report. Sentence set for September 27, 2004 @l:30 p.m. before Judge Ezra. Detention Order to remain in effect.; Eugene K. Albino, USA Attorney Thomas Muehleck, Pamela Byrne present ( Ct Rptr: ESR) by Judge Edward Rafeedie (bbb) |
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| 2004-08-19 |
32 |
0 |
Sentencing Memorandum |
United States' SENTENCING Statement; certificate of service as to Eugene K. Albino (SEALED) (bbb) |
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| 2004-08-25 |
33 |
0 |
Sentencing Memorandum |
defendant Eugene K. Albino's response to draft PRESENTENCE report; declaration of counsel; certificate of service (SEALED) (bbb) |
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| 2004-08-31 |
34 |
0 |
Sentencing Memorandum |
defendant Eugene K. Albino's SENTENCING memorandum and constitutional objection to mandatory minimum as applied to him; exihits a-b; declaration of counsel; certificate of service (SEALED) (bbb) |
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| 2004-09-09 |
35 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on Sentencing date has been continued from 9/27/2004 to 9/28/2004 @10:30amDAE AUSA: Thomas Muehleck AFPD: Pamela Byrne for Eugene K. Albino (bbb) |
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| 2004-09-28 |
36 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: SENTENCING TO THE INDICTMENT - The defendant is present in custody. The Court found that there are Blakely issues. The sentencing is continued to February 7, 2005 @ 3:45 p.m. ; sentencing hearing set for 3:45 2/7/05 for Eugene K. Albino ; Eugene K. Albino, USA Attorney Thomas Muehleck, Pamela J. Byrne present ( Ct Rptr: Cynthia Fazio) by Judge David A. Ezra (bbb) |
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| 2005-02-07 |
37 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Sentencing to Count 1of the Indictment as to Defendant Eugene Albino. Defendant Eugene Albino present in custody. Presentence Report adopted. Sentencing recommendations heard. Allocution by Defendant Eugene Albino sentencing hearing held on 2/7/05 , sentencing Eugene K. Albino (1) count(s) 1. SENTENCE: Imprisonment: 120 MONTHS Supervised Release: 5 YEARS CONDITIONS: 1. Defendant shall observe the standard conditions of supervised release. 2. Defendant shall not commit any federal, state, or local crimes (mandatory condition). 3. Defendant shall not possess illegal controlled substances (mandatory condition). 4. Defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of commencement of supervision and at least two drug tests thereafter, as directed by the Probation Office (mandatory condition). 5. Defendant shall cooperate in the collection of DNA as directed by the probation officer (mandatory condition). 6. Defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. 7. Defendant shall participate in a substance abuse program, which may include drug testing at the discretion and direction of the Probation Office. 8. Defendant shall provide the Probation Office access to any requested financial information. 9. Defendant shall submit his person, residence, place of employment, or vehicle to a search conducted by the U.S. Probation Office at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of supervision. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other resident that the premises may be subject to search pursuant to this condition. Special Assessment: $100.00. JUDICIAL RECOMMENDATIONS: Terminal Island, CA. Defendant advised of his right to appeal. , dismissing counts as to Eugene K. Albino (1) count(s) cmp. Superseded. , case terminated Defendant remanded to the custody of U.S. Marshals.; Eugene K. Albino, USA Attorney Thomas Muehleck, Pamela J. Byrne, Neil Tsukayama-USPO present ( Ct Rptr: Stephen Platt) by Judge David A. Ezra (bbb) |
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| 2005-02-10 |
38 |
0 |
Notice of Appeal - Final Judgment |
NOTICE OF APPEAL; certificate of service by defendant Eugene K. Albino fees FPD (bbb) |
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| 2005-02-28 |
39 |
0 |
Judgment |
JUDGMENT and Commitment as to Eugene K. Albino by Judge David A. Ezra (cc: all counsel) (bbb) Additional attachment(s) added on 7/26/2006 (bbb, ). |
2010-02-15 07:25:14 |
d7dbf6460b59e22ca32306b6f56a492ca4f5ea4d |
| 2005-03-03 |
40 |
0 |
Appeal - Miscellaneous |
ORDER FOR TIME SCHEDULE RT to be ordered by 03/24/05 ;RT to be filed by 04/23/05 ;Aplnt's brief to be filed by 06/02/05 ;Aple's brief to be filed by 07/02/05 ;Aplnt's opt reply brief to be filed by 07/16/05 (cc: Clerk, 9CCA, all counsel, Court Reporters) Notice of Appeal sent to Clerk, 9CCA and to all counsel (bbb) |
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| 2005-03-03 |
41 |
0 |
Presentence Investigation Report |
PRESENTENCE Report on Eugene K. Albino (original sealed and held in probation office). (bbb) |
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| 2005-03-03 |
42 |
0 |
Sentencing Memorandum |
SENTENCING RECOMMENDATION as to Eugene K. Albino (original sealed and held in probation office) (bbb) |
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| 2005-03-03 |
43 |
0 |
Sentencing Memorandum |
Revised SENTENCING RECOMMENDATION as to Eugene K. Albino (original sealed and held in probation office) (bbb) |
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| 2005-03-11 |
44 |
0 |
USCA Notice of Docketing Record on Appeal |
APPEAL number 05-10146 received from 9CCA regarding [38-1] as to defendant Eugene K. Albino (bbb) Modified on 03/15/2005 |
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| 2005-03-22 |
45 |
0 |
Designation of Record on Appeal |
APPEAL Transcript Designation and Order form ESR/Tape for the dates of 12/03/2003: Stephen B. Platt for the dates of 02/07/2005 regarding [38-1] (bbb) |
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| 2005-04-26 |
46 |
0 |
Appeal Record Sent to USCA |
APPEAL Certificate of Record Transmitted to 9CCA regarding [38-1] (cc: all counsel) (afc) |
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| 2006-01-12 |
47 |
0 |
USCA Judgment |
JUDGMENT of USCA (certified copy) as to Eugene K. Albino re [38] Notice of Appeal - Final Judgment - AFFIRMED. (bbb, ) |
2010-02-15 07:25:16 |
3d268ff644a9fbf778023abb393ef1be9b2ea4b7 |