| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2004-11-19 |
1 |
0 |
Complaint |
COMPLAINT by Michael R. Saenz, ATF against Prince Piko Tarpley signed by Mag Judge Barry M. Kurren [ 1:04-m -750 ] (bbb) |
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| 2004-11-19 |
2 |
0 |
Warrant Issued |
ARREST Warrant issued for Prince Piko Tarpley bail set for TO BE DETERMINED by Mag Judge Barry M. Kurren [ 1:04-m -750 ] (bbb) |
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| 2005-01-07 |
3 |
0 |
Motion for Miscellaneous Relief |
MOTION to detain defendant without bail by USA as to Prince Piko Tarpley [ 1:04-m -750 ] (bbb) |
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| 2005-01-07 |
4 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Initial Appearance - deft present in custody. Deft sworn to Financial Affidavit. Oral M/Court Appt Atty GRANTED. Detention Hearing 1-12-05 @ 2 p.m., BMK. Preliminary Hearing 1-21-05 @ 10 a.m., BMK. Deft remanded to custody of marshal. Prince Piko Tarpley, USA Attorney Marshall Silverberg, William M. Domingo present ( Rptr: C6 3:00-3:02) by Judge Barry M. Kurren [ 1:04-m -750 ] (bbb) Modified on 01/12/2005 |
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| 2005-01-12 |
5 |
0 |
Indictment |
EP: INDICTMENT by USA Counts filed against Prince Tarpley (1) count(s) 1, 2; Summons ordered (Philip M. Rosenberg) by Mag Judge Barry M. Kurren (afc) Additional attachment(s) added on 3/9/2006 (bbb, ). |
2010-02-14 15:25:42 |
dc5fb911d0baaeb3f0891335b192fd0d60505c8a |
| 2005-01-12 |
6 |
0 |
Summons Issued |
PS issued as to Prince Tarpley ; arraignment set for 2:00 1/12/05 for Prince Tarpley before Mag Judge M. Kurren (afc) |
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| 2005-01-12 |
7 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Detention Hearing and A & P as to the Indictment - deft present in custody. Arrn waived. Plea of NOT GUILTY entered. Dates given: JS/JT 3-15-05 @ 9 a.m., HG FPT 2-14-05 @ 10 a.m., LEK Motions due 2-2-05 Response due 2-16-05 M/Detain GRANTED. Silverberg to prepare order. Deft remanded to custody of marshal. jury trial set for 9:00 3/15/05 for Prince Tarpley ; final pretrial conf set for 10:00 2/14/05 for Prince Tarpley [3-1] ; Prince Tarpley Attorney Marshall H Silverberg, Pamela J. Byrne present ( Ct Rptr: C6 2:05-2:06) by Judge Barry M Kurren (eps) |
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| 2005-01-13 |
8 |
0 |
Summons Returned Executed |
PS executed on 1/12/05 as to Prince Tarpley (eps) |
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| 2005-01-14 |
9 |
0 |
Order of Detention |
ORDER granting government's motion to detain defendant without bail; certificate of service - Mag Judge Barry M. Kurren as to Prince Tarpley (eps) |
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| 2005-01-20 |
10 |
0 |
Warrant Returned Executed |
ARREST Warrant returned executed as to Prince Tarpley on 1/6/05 (bbb) |
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| 2005-01-10 |
11 |
0 |
Financial Affidavit - CJA23 |
FINANCIAL Affidavit as to Prince Tarpley (bbb) |
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| 2005-02-14 |
12 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on RE: CR NO. 05-00029HG USA vs. PRINCE P. TARPLEY Final Pretrial Conference set for 10:00 2/14/05 is continued to 2:00 2/22/05, LEK AUSA, Marshall H. Silverberg AFPD, Pamela J. Byrne (eps) Modified on 02/15/2005 |
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| 2005-02-28 |
13 |
0 |
Stipulation and Order |
STIPULATION and order continuing trial and excluding time by Judge Helen Gillmor ; jury trial set for 9:00 5/17/05 for Prince Tarpley ; pretrial conference set for 10:00 4/18/05 for Prince Tarpley ; Pretrial #2 set for 8:30 5/6/05 for Prince Tarpley , pd from 3/15/05 to and including 5/17/05 excluded 18:3161 (eps) |
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| 2005-04-05 |
14 |
0 |
Motion for Bill of Particulars |
Notice of Motion and MOTION for a bill of particulars and for discovery regarding armed career criminal act accussation by defendant Prince Tarpley ; declaration of counsel; certificate of service - Motion hearing set for 5/6/05 @ HG (eps) |
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| 2005-04-05 |
15 |
0 |
Motion to Suppress |
Notice of Motion and MOTION to suppress by defendant Prince Tarpley ; memorandum in support; declaration of counsel; certificate of service - Motion hearing set for 5/6/05 @ 9 HG (eps) |
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| 2005-04-05 |
16 |
0 |
Motion to Dismiss |
Notice of Motion and MOTION by defendant Prince Tarpley to dismiss count 1 or 2 for multiplicity or for other appropriate relief as to Prince Tarpley ; memorandum in support; declaration of counsel; certificate of service - Motion hearing set for 5/6/05 @ 9 HG (eps) |
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| 2005-04-05 |
17 |
0 |
Motion to Dismiss |
Notice of Motion and MOTION to dismiss under the commerce clause by defendant Prince Tarpley ; memorandum in support; declaration of counsel; certificate of service - referred to HG [non-hearing] (eps) |
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| 2005-04-13 |
18 |
0 |
Response in Opposition |
MEMORANDUM in opposition to the defendant's motion to dismiss under the commerce clause; exhibit 1; certificate of service on behalf of defendant Prince Tarpley [17-1] (eps) |
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| 2005-04-15 |
19 |
0 |
Response in Opposition |
MEMORANDUM in opposition to defendant's motion to dismiss count 1 or 2 for multiplicity or for other appropriate relief as to Prince Tarpley [16-1]; certificate of service - by USA (eps) |
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| 2005-04-18 |
20 |
0 |
Response in Opposition |
MEMORANDUM in opposition to motion to suppress; exhibits 1-8; certificate of service as to defendant Prince Tarpley [15-1] by USA (eps) |
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| 2005-04-19 |
21 |
0 |
Reply |
STATMENT OF NO REPLY to the memorandum in opposition to the motion to dismiss by defendant Prince Tarpley [17-1] (eps) |
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| 2005-04-20 |
22 |
0 |
Minutes - Miscellaneous |
EO: MINUTES: Final Pretrial Conference set for 04/18/2005 10:00:00 AM before BMK not held. Per Christina from Byrne's office, parties will stipulate to continue the trial. Christina notified parties. by Judge Barry M Kurren (eps) |
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| 2005-05-04 |
23 |
0 |
Response to Motion |
MEMORANDUM IN RESPONSE by USA to the motion for a bill of particulars and for discovery regarding armed career criminal act accussation; exhibits 1-12; certificate of service [14-1] (eps) |
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| 2005-05-04 |
24 |
0 |
Reply |
REPLY to the memorandum in opposition to the motion to dismiss count 1 or 2 for multiplicity or for other appropriate relief as to Prince Tarpley [16-1] (eps) |
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| 2005-05-06 |
25 |
0 |
Stipulation and Order |
STIPULATION and order continuing trial and excluding time by Judge Helen Gillmor ; jury trial set for 9:00 7/19/05 for Prince Tarpley ; Pretrial #2 set for 8:30 7/8/05 for Prince Tarpley ; pretrial conference set for 10:00 6/20/05 for Prince Tarpley , pd from 5/17/05 to and including 7/19/05 excluded 18:3161 (eps) |
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| 2005-05-27 |
26 |
0 |
Motion to Withdraw as Attorney |
Notice of Motion and MOTION for withdrawal and substitution of counsel by defendant Prince Tarpley ; declaration of counsel; certificate of service - Motion hearing set for 5/31/05 @ 10:30 LEK (eps) |
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| 2005-05-27 |
27 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on: RE: CR NO. 05-00029HG USA vs. PRINCE P. TARPLEY Motion for Withdrawal and Substitution of Counsel set for 10:30 5/31/05, LEK AUSA, Marshall H. Silverberg AFPD, Pamela J. Byrne [26-1] (eps) |
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| 2005-05-25 |
28 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: (1) DEFENDANT'S MOTION FOR A BILL OF PARTICULARS AND FOR DISCOVERY REGARDING ARMED CAREER CRIMINAL ACT ACCUSATION (2) DEFENDANT'S MOTION TO DISMISS (COMMERCE CLAUSE) (3) DEFENDANT'S MOTION TO SUPPRESS (4) DEFENDANT'S MOTION TO DISMISS COUNT 1 OR COUNT 2 FOR MULTIPLICITY OR FOR OTHER APPROPRIATE RELIEF 1. DEFENDANT'S MOTION FOR A BILL OF PARTICULARS AND FOR DISCOVERY REGARDING ARMED CAREER CRIMINAL ACT ACCUSATION is RENDERED MOOT by the discovery provided by the Government. 2. DEFENDANT'S MOTION TO DISMISS (COMMERCE CLAUSE) was submitted on the pleadings. The motion is DENIED. A written order will issue. 3. DEFENDANT'S MOTION TO DISMISS COUNT 1 OR COUNT 2 FOR MULTIPLICITY OR FOR OTHER APPROPRIATE RELIEF: The Ninth Circuit Court of Appeals defines multiplicity in the following way: "The test for multiplicity [...] is whether each separately violated statutory provision 'requires proof of an additional fact which the other does not.'" United States v. McKittrick, 142 F.3d 1170, 1176 (9th Cir. 1998) (citation omitted). Count 1 charges Defendant with being a felon in possession of ammunition, in violation of 18 U.S.C. 922(g)(1); Count 2 charges him with being an unlawful user of a controlled substance in possession of ammunition, in violation of 18 U.S.C. 922(g)(3). Proof of each violation alleged against Defendant will require proof of a fact that the other does not require. For Count 1, the Government must demonstrate that Defendant is a convicted felon. For Count 2, the Government must demonstrate that Defendant is a user of a controlled substance. Defendant cites United States v. Carrasco, 257 F.3d 1045, 1052 (9th Cir. 2001) for the proposition that his Indictment is multiplicitous. Carrasco states that the Government cannot charge a defendant with multiple counts under a single subpart of 922(g) for possession of firearms or ammunition that was discovered at the same time. 257 F.3d at 1052 ("the Government cannot charge a defendant with multiple counts under 922(g)(1) for possession of multiple firearms/ammunition"). Defendant's Indictment does not charge Defendant in this manner. The two Counts in Defendant's Indictment charge Defendant with violations of different subparts of 922(g). Carrasco does not apply. There is no multiplicity flaw in Defendant's Indictment. The Government stated that if Tarpley is found guilty of both Counts, it will agree to merge the offenses at sentencing, and Tarpley will not face any greater punishment than if he had been convicted of only one Count. DEFENDANT'S MOTION TO DISMISS COUNT 1 OR COUNT 2 FOR MULTIPLICITY OR FOR OTHER APPROPRIATE RELIEF is DENIED. 4. DEFENDANT'S MOTION TO SUPPRESS: Michael Hodson CST. The Government rested. Exhibits admitted in evidence: 1, 2, 3, and 4. Arguments held. The discovery and seizure of the ammunition from a pouch located in Defendant's bedroom was justified under the plain view exception to the warrant requirement. In order to satisfy the plain view doctrine, (1) the initial intrusion must be lawful, and (2) the incriminating nature of the object must be immediately apparent. United States v. Hammett, 236 F.3d 1054, 1061 (9th Cir. 2001); United States v. Garcia, 205 F.3d 1182, 1187 (9th Cir. 2000). The search of the pouch ontaining the ammunition satisfied both prongs of the plain view test. The initial intrusion was lawful and the incriminating nature of the ammunition was immediately apparent. See Hammett, 236 F.3d at 1061; Garcia, 205 F.3d at 1187. The initial intrusion into the chest, and then into the pouch itself, was lawful. Officers were lawfully on the premises pursuant to a valid warrant. The warrant authorized officers to search for methamphetamine and methamphetamine paraphernalia, which could have been located inside the trunk. The intrusion into the pouch itself was justified as part of the officer's search for methamphetamine. The incriminating nature of the ammunition was apparent to the searching officer because it was located in close proximity to drugs and drug paraphernalia. The incriminating nature of a firearm can be immediately apparent when it is found "in close proximity to a plethora of drugs and drug-related equipment." United States v. Nichols, 344 F.3d 793, 799 (8th Cir. 2003). Detective Hodson testified that multiple items of drug paraphernalia were located either in or near the chest where the ammunition was discovered. The incriminating nature of the ammunition was also apparent because the searching officers were aware of Defendant's status as a convicted felon. Detective Michael Hodson's affidavit in support of the search warrant included a copy of Defendant's extensive criminal record. It was known to the searching officers that Defendant was a convicted felon and therefore prohibited from possessing ammunition. Even if the searching officer that discovered the ammunition had not himself personally reviewed the criminal record, the knowledge of Detective Hodson is imputed to the rest of the searching officers. See United States v. Terry, 400 F.3d 575, 581 (8th Cir. 2005); United States v. Edwards, 885 F.2d 377, 383 (7th Cir. 1989); United States v. Woods, 544 F.2d 242, 260 (6th Cir. 1976). The seizure of the ammunition was justified by the plain view exception to the warrant requirement. DEFENDANT'S MOTION TO SUPPRESS is DENIED. The Government asked that the Defendant indicate a position as to whether he believes that the predicate offenses establishing his status as an Armed Career Criminal are 1) elements of the offense that must be proven beyond a reasonable doubt; or (2) sentencing facts that must be proven to the Court by a preponderance of the evidence. Defendant shall indicate his position in writing on the matter by June 15, 2005. Submitted by: David H. Hisashima, Courtroom Manager cc:The above-listed attorneys Judge Gillmor's chambers [17-1], [16-1], [15-1], [14-1] ; Prince Tarpley Attorney Marshall H Silverberg, Pamela J. Byrne present ( Ct Rptr: Cynthia Fazio) by Judge Helen Gillmor (eps) |
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| 2005-06-01 |
29 |
0 |
CJA 20 - Appointment |
CJA Form 20 Copy 4 (Appointment of Counsel) as to defendant Prince Tarpley Attorney Alvin P.K.K. Nishimura replacing attorney Pamela J. Byrne for Prince Tarpley, attorney William M. Domingo for Prince Tarpley; nunc pro tunc 5/31/05; date of order 5/31/05 (eps) |
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| 2005-05-31 |
30 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: Motion for Withdrawal and Substitution of Counsel - Defendant present in custody. Govt opposes having the entire FPD Office withdraw as Counsel. Court questions Defendant. Motion Granted and terminated. Atty Alvin P.K.K. Nishimura Apptd Atty for Defendant. Byrne to prepare Order Granting Motion and Withdrawal and Substitution of Counsel. Defendant remanded to the custody of the US Marshal. [26-1] ; Prince Tarpley Attorney Marshall H Silverberg, Pamela J. Byrne present ( Ct Rptr: C7 10:32-10:37) by Judge Leslie E Kobayashi (eps) |
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| 2005-06-07 |
31 |
0 |
Order on Motion to Substitute Attorney |
ORDER GRANTING motion to WITHDRAW and appoint counsel : Attorney Alvin Nishimura replacing Pamela Byrne, AFPD and the FPDs by Judge Kevin SC Chang (eps) |
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| 2005-07-07 |
32 |
0 |
Indictment |
EP: FIRST SUPERSEDING INDICTMENT by USA; naming Prince Tarpley counts filed against Prince Tarpley (1) count(s) 1s, 2s, 3s, 4s ordered ( Barbara Acoba) by Mag Judge Leslie E Kobayashi (eps) Additional attachment(s) added on 3/9/2006 (bbb, ). |
2010-02-14 15:25:32 |
68b219bebbc9d72f71878e59c22412402c95dd22 |
| 2005-07-07 |
33 |
0 |
Summons Issued |
PS issued as to Prince Tarpley ; arraignment set for 10:30 7/11/05 for Prince Tarpley before Mag Judge Barry M. Kurren (eps) |
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| 2005-07-12 |
34 |
0 |
Order |
ORDER denying defendant's motion to dismiss filed on April 5, 2005 by Judge Helen Gillmor - denying motion to dismiss [17-1] (cc: all counsel) (lmg) |
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| 2005-07-12 |
35 |
0 |
Summons Returned Executed |
PS executed on 7/11/05 as to Prince Tarpley (eps) |
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| 2005-07-11 |
36 |
0 |
Minutes - Miscellaneous |
EP: MINUTES: arraignment held on 7/11/05 , dft Prince Tarpley arraignment waived; plea of NOT GUILTY entered; Attorney present; , ; jury trial set for 9:00 11/15/05 HG for Prince Tarpley ; final pretrial conf set for 8:30 11/4/05 HG for Prince Tarpley , time excluded between 07/19/05 thru 11/15/05 , ; Prince Tarpley Attorney P.K.K. Nishimura, AUSA Marshall H Silverberg present ( Ct Rptr: C6 10:4-10:48) by Judge Barry M. Kurren (lmg) |
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| 2005-10-14 |
37 |
0 |
Notice of Hearing |
NOTICE of hearing setting hearing on the final pretrial conference is continued from October 17, 2005 to October 24, 2005 @ 10:00 a.m. before the Honorable Leslie E. Kobayashi ; final pretrial conference set for 10:00 10/24/05 before Mag Judge Leslie E. Kobayashi for deft Prince Tarpley ; cc: Marshall H. Silverberg, Esq., Alvin K. Nishimura, Esq. (lmg) |
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| 2005-10-18 |
38 |
0 |
Motion to Continue |
Notice of Motion and MOTION to continue trial week by defendant Prince Tarpley ; declaration of counsel; certificate of service - Motion hearing set for 3:45pm 10/24/05 before Judge Helen Gillmor (lmg) |
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| 2005-10-19 |
39 |
0 |
Response/Reply - Miscellaneous |
United States of America's statement of NO OPPOSITION to the defendant's motion to continue trial; certificate of service [38-1] (lmg) |
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| 2006-01-17 |
40 |
0 |
Set/Reset Hearings |
EO :Set/Reset Hearings as to Prince Tarpley: Motion for Withdrawal of Not Guilty Plea and to Plead Anew Hearing set for 2/9/2006 02:00 PM before JUDGE KEVIN S.C. CHANG. (JUDGE LESLIE E KOBAYASHI )(wnn, ) |
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| 2006-02-02 |
41 |
0 |
Set/Reset Hearings |
E.O. :Set/Reset Hearings as to Prince Tarpley: Final Pretrial Conference is continued from 2/3/2006 to 2/13/2006 08:30 AM before JUDGE HELEN GILLMOR. (dhh, ) |
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| 2006-02-10 |
43 |
0 |
Report and Recommendations on Guilty Plea |
REPORT AND RECOMMENDATIONS concerning Plea of Guilty as to Prince Tarpley Objections to R&R due by 2/27/2006. Signed by Judge HELEN GILLMOR on 2/9/06. (ecs, ) |
2010-02-14 15:25:29 |
574cc48c0d3f23de1f91aea6e340e91cf0357629 |
| 2006-02-09 |
44 |
0 |
Consent to Rule 11 Plea |
CONSENT to Rule 11 Plea in a Felony Case before United States Magistrate Judge - by USA as to Prince Tarpley (ecs, ) |
2010-02-14 15:25:35 |
ca9278976daa8af463ed8ce0ca0b96562870008e |
| 2006-02-09 |
45 |
0 |
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MEMORANDUM of Plea Agreement by Prince Tarpley (ecs, ) |
2010-02-14 15:25:40 |
6115f1904e7ce78561a68250ab2c693feacc6ba7 |
| 2006-02-15 |
46 |
0 |
Stipulation and Order |
STIPULATION and ORDER continuing the Trial Date and Excluding Time Under the Speedy Trial Act - as to Prince Tarpley re [38] Motion to Continue filed by Prince Tarpley,, ***Excludable started as to Prince Tarpley:, ***Excludable(s) stopped as to Prince Tarpley . Signed by Judge HELEN GILLMOR on 2/15/06. (ecs, ) |
2010-02-14 15:25:19 |
5632428d224eb5e875f8bd89c7ab28e1d7a31fb3 |
| 2006-03-20 |
47 |
0 |
Order on Report and Recommendations on Guilty Plea |
ACCEPTANCE OF PLEA OF GUILTY, ADJUDICATION OF GUILTY, AND NOTICE OF SENTENCING - adopting re [43] Report and Recommendations on Plea of Guilty as to Prince Tarpley (1)- Signed by Judge HELEN GILLMOR on 03/20/06. (afc) |
2010-02-14 15:25:27 |
a828264b0b20c78789264b7c876239cd9cb5add1 |
| 2006-04-04 |
48 |
0 |
Sentencing Statement |
SENTENCING STATEMENT by USA as to Prince Tarpley (Silverberg, Marshall) |
2010-02-14 15:25:30 |
0f5bcf0eb5028ff92d868bafa4ec472fd7bfac28 |
| 2006-05-17 |
49 |
0 |
Motion to Continue |
Ex Parte MOTION to Continue Sentencing - by Prince Tarpley. (Attachments: # (1) Declaration of Counsel)(ecs, ) |
2010-02-14 15:25:24 |
5954c29d623a2e35264cb322e4b60616749db752 |
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49 |
1 |
Declaration of Counsel |
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2010-02-14 15:25:18 |
fcb8534037a002eac316ab1fa7965f053108626f |
| 2006-05-18 |
50 |
0 |
Terminate Motions |
Minute ORDER as to Prince Tarpley re [49] EX-Parte MOTION to Continue Sentencing filed by Prince Tarpley- GRANTED. Motions terminated as to Prince Tarpley: [49] MOTION to Continue filed by Prince Tarpley, Sentencing set for 9/21/2006 01:30 PM before JUDGE HELEN GILLMOR.. Signed by Judge HELEN GILLMOR on 5/17/06. (ecs, ) |
2010-02-14 15:25:37 |
156888dd5c7121447db85f0caf2276ac213a6831 |
| 2006-07-28 |
52 |
0 |
Set/Reset Hearings |
E.O. :Set/Reset Hearings as to Prince Tarpley: Sentencing is advanced from 9/21/2006 to 8/2/2006 11:00 AM before JUDGE HELEN GILLMOR. (dhh) |
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| 2006-08-02 |
53 |
0 |
Correspondence |
Correspondence re: Letter from Myles Breiner - "My office does not represent Mr. Tarpley in Crim case". (ecs, ) |
2010-02-14 15:25:38 |
603e71ce5214dc14a5c381d542b067879ba78cdf |
| 2006-08-02 |
56 |
0 |
Judgment |
JUDGMENT in a Criminal Case as to Prince Tarpley. Signed by Judge HELEN GILLMOR on 8/2/06. (ecs, ) |
2010-02-14 15:25:33 |
b09cbd3157dfc75e402cb5d49170e2f29fe2a6e9 |
| 2006-08-02 |
57 |
0 |
Sentencing |
EP : Sentencing held on 8/2/2006 for Prince Tarpley (1), Count(s) 1s, Imprisonment: 180 months; Supervised Release: 5 yrs; Special Assessment: $100.00; Count(s) 2s, 3s, 4s, Dismissed on the motion of the United States. Defendant is present in custody. (Court Reporter Stephen Platt.) (JUDGE HELEN GILLMOR )(ecs, ) |
2010-02-14 15:25:26 |
548c1474238bb2920f3c67ca7730658c60a321b2 |
| 2007-01-16 |
59 |
0 |
Findings and Recommendations on CJA Compensation Claim |
FINDINGS AND RECOMMENDATIONS on CJA Compensation Claim as to Prince Tarpley. Attorney Alvin Nishimura, Esq. Signed by Judge BARRY M. KURREN on 1/16/07. (afc) |
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