Case details

Court: mnd
Docket #: 0:01-cr-00367
Case Name: USA v. Smith, et al
PACER case #: 4988
Date filed: 2001-12-11
Date terminated: 2003-06-18
Date of last filing: 2007-03-01

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-12-11 1 0 Indictment INDICTMENT assigned to Judge Donovan W. Frank, referred to Magistrate Judge Arthur J. Boylan by USA David P Steinkamp. Counts filed against Patrick Steven Smith (1) counts 1, 2, 3, 4-11, 12, 13-21, 22-34, 35, Jay Michael Puig (2) counts 1, 2, 3, 12, Daniel James Herrick (3) count 1, Burronnie Lee Brosh (4) count 1, Paul Harold Shimek (5) count 1, Antonio Orosco Morales (6) count 1. Forfeiture allegatioins as to Counts 1, 2, 4-12, 22-34. Warrant issued for Patrick Steven Smith (1), Jay Michael Puig (2), Daniel James Herrick (3), Burronnie Lee Brosh (4), Paul Harold Shimek (5) and Antonio Orosco Morales (6). 23pgs (LEG)
2001-12-13 3 0 Order Setting Conditions of Release ORDER SETTING CONDITIONS OF RELEASE by Magistrate Judge J. Earl Cudd for Daniel James Herrick in the amount of $25,000. 4 pgs (
2001-12-13 4 0 Utility - Miscellaneous APPEARANCE BOND ($25,000 rpr executed on 12/13/01) by Daniel James Herrick. 1pg (
2001-12-13 11 0 Initial Appearance MINUTES: before Magistrate Judge J. Earl Cudd first appearance of Daniel James Herrick (3); $25,000 RPR bond set. Atty Paul Engh present as retained counsel. Deft also arraign, see separate minutes. Tape: 0o1 14 170-184. 1 pg (LEG)
2001-12-13 12 0 Arraignment MINUTES: before Magistrate Judge J. Earl Cudd dft Daniel James Herrick (3) arraigned; not guilty plea entered; Attorney Paul Engh present as retained counsel. Tape: 01 14 170-184. 1 pg (LEG)
2001-12-14 23 0 Order ARRAIGNMENT ORDER ( Magistrate Judge J. Earl Cudd / date signed 12/14/01) as to DANIEL JAMES HERRICK (3) disclosure due 12/28/01; pretrial motions due 1/4/02; motion hearing set for 9:30 on 1/23/02 before AJB; Voir Dire / Jury Instructions due 2/25/02; jury trial set for 9:00 on 3/4/02 before DWF. (cc: all counsel) 2 pgs (
2001-12-17 24 0 Order ORDER (Magistrate Judge J. Earl Cudd / date signed 12/17/01) pretrial motions due 1/4/02; motion hearing set for 9:00 on 1/23/02 before AJB; Voir Dire / Jury Instructions due 2/25/02; jury trial set for 9:00 on 3/4/02 before DWF for Patrick Steven Smith (1). (cc: all counsel & Comm Rel) 2 pgs (
2001-12-17 25 0 Order ORDER (Magistrate Judge J. Earl Cudd / date signed 12/17/01) pretrial motions due 1/4/02; motion hearing set for 9:00 on 1/23/02 before AJB; Voir Dire / Jury Instructions due 2/25/02; jury trial set for 9:00 on 3/4/02 before DWF for Jay Michael Puig (2). (cc: all counsel & Comm Rel) 2 pgs (
2002-01-08 37 0 Order ORDER (Magistrate Judge Arthur J. Boylan / date signed 1/8/02) granting deft Patrick Steven Smith's (1) motion for continuance/excludable delay [36-1]. Counsel for deft has requested a continuance until 2/28/02 to file motions on behalf of deft and all said co-defts. IT IS HEREBY ORDERED that deft's motion is granted. A period of 60 days delay shall be excluded from the calculation of time under the Speedy Trial Act. Started XT on 12/31/01 and stopped XT on 2/28/02 for all defts. (cc: all counsel). 1pg (LEG)
2002-01-08 38 0 Order AMENDED ORDER (Magistrate Judge Arthur J. Boylan / date signed 1/8/02) as to Patrick Steven Smith (1), Jay Michael Puig (2), Daniel James Herrick (3), Burronnie Lee Brosh (4), Paul Harold Shimek (5) and Antonio Orosco Morales (6). Pretrial motions due on 2/28/02; motion hearing set for 9:00 on 3/6/02 before AJB; Voir Dire / Jury Instructions due on 4/15/02; jury trial set for 9:00 on 4/22/02 before DWF (cc: all counsel & CR). 1pg (LEG)
2002-01-04 39 0 Utility - Miscellaneous LETTER to the Court by Daniel Herrick (3); deft will not be filing any motions and motion hearing will not be necessary. 1 pg (
2002-01-08 42 0 Warrant Returned Executed BENCH Warrant returned executed as to Daniel James Herrick (3) 12/13/01. 2 pgs (
2002-04-03 127 0 Report and Recommendation REPORT and RECOMMENDATION by Magistrate Judge Arthur J. Boylan date signed: 4/2/02 recommends denying motion for severance of defts [121-1] RR Ruling deadline set for 5/3/02 for Paul Harold Shimek (5). (cc: all counsel) 3 pgs (
2002-04-03 128 0 Utility - Miscellaneous LETTER from defense counsel for deft Smith (1) and Puig (2) that the defts hereby waive their motion hrg. 1 pg (cc: DWF) (
2002-04-15 134 0 Order ORDER (Magistrate Judge Arthur J. Boylan / date signed 4/15/02) AS TO ANTONIO OROSCO MORALES (6): motion hearing set for 9:00 on 4/22/02 before AJB; Voir Dire / Jury Instructions due on 5/13/02; jury trial set for 9:00 on 5/20/02 before DWF (cc: all counsel). 1pg (LEG)
2002-04-17 135 0 Order PETITION and ORDER FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE as to Daniel James Herrick by Magistrate Judge J. Earl Cudd that a warrant be issued for deft's arrest and hearing be held to show cause why his pretrial release should not be revoked. (copies dist'd) 2 pages. Warrant issued. (PJS)
2002-04-18 136 0 Minutes MINUTES: before Magistrate Judge J. Earl Cudd for first appearance on pretrial release violation as to Daniel James Herrick (3): deft detained; bond revoked. Hearing not taped. 1pg (LEG) Modified on 04/19/2002
2002-04-19 138 0 Utility - Miscellaneous CONSENT TO AND SUBSTITUTION of COUNSEL: Glenn P Bruder replacing Kevin Michael O'Brien for Antonio Orosco Morales (06). 2 pages (PJS)
2002-04-22 143 0 Warrant Returned Executed BENCH Warrant returned executed as to Daniel James Herrick (03) 4/18/02. (1 page) (PJS)
2002-04-23 144 0 Plea Entered MINUTES before Judge Donovan W. Frank re Daniel James Herrick (03) enters GUILTY PLEA to the one-count indictment; deft in custody; deft's motion to be released from custody is taken under advisement. PSI Report ordered; Court Reporter: Bruce Tiffany. (1 page) (PJS)
2002-04-23 145 0 Plea Agreement PLEA AGREEMENT AND SENTENCING STIPULATIONS as to Daniel James Herrick (03). 7 pages (PJS)
2002-04-23 146 0 Order ORDER ( Judge Donovan W. Frank / date signed 4/23/02) as to Daniel James Herrick (03) that deft's motion for release from custody is denied. (cc: all counsel) 2 pages (PJS)
2002-04-24 148 0 Utility - Miscellaneous LETTER dated 4/22/02 from JAY MICHAEL PUIG (02) withdrawing motions. (1 page) cc:DWF,AJB (PJS)
2002-05-06 157 0 Order ORDER (Judge Donovan W. Frank / date signed 5/6/02) AS TO DEFT PAUL HAROLD SHIMEK (5) deft's motion for severance of defts [121-1] is DENIED (cc: all counsel). 1pg (LEG)
2002-05-17 167 0 Motion for Reconsideration MOTION to reconsider detention by Daniel James Herrick (3). 3pg(s) (
2002-06-04 168 0 Order ORDER (Judge Donovan W. Frank / date signed 6/4/02) denying motion for reconsideration of the Court's 4/23/02, detention order [167-1] as to Daniel James Herrick (3). (cc: all counsel & prob) 2 pgs (
2002-07-17 172 0 Motion for Reconsideration SECOND MOTION for reconsideration of detention orders by Daniel James Herrick (03). 3 pages (PJS)
2002-08-05 179 0 Order ORDER (Judge Donovan W. Frank / date signed 8/5/02) denying motion for reconsideration of detention orders [172-1] as to Daniel James Herrick (3) (cc: all counsel) 2 pgs (
2002-11-04 188 0 Position on Sentencing/Sentencing Memorandum POSITION of deft with respect to sentencing Daniel James Herrick (03). 6 pages (JPL)
2002-12-17 194 0 Sentencing MINUTES: before Judge Donovan W. Frank SENTENCING Antonio Orosco Morales (6) to count 1. Custody of BOP for 33 months; 3 years supervised release; $100.00 spec assmt, paid in full on 10/28/02, receipt # 140674. Deft remanded to custody of USM. The deft has agreed to forfeiture as stated in the Indictment and an Order will be filed. Court Reporter: Bruce Tiffany. 1pg (LEG) Modified on 12/18/2002
2003-01-24 202 0 Motion for Miscellaneous Relief MOTION for downward departure by USA as to Daniel James Herrick (3). 1pg * filed under seal * (LEG)
2003-01-24 205 0 Sentencing MINUTES: before Judge Donovan W. Frank SENTENCING Daniel James Herrick (3) count 1 - Custody of BOP for 18 months, 3 yrs supervised release, spec assmt of $100.00. Govt's motion for downward departure [202-1] is granted. Deft's objections to the PSI are all overruled. Deft's motion for release pending appeal is denied. Court Reporter: Bruce Tiffany. 1 pg (
2003-01-28 206 0 Judgment SENTENCING JUDGMENT as to deft Daniel James Herrick (3) by Judge Donovan W. Frank (dated 1/28/03) (Copies dist'd) 4 pgs (
2003-02-06 209 0 Affidavit AFFIDAVIT of PUBLICATION by USA as to defts Patrick Smith (01), Jay Puig (02), and Antonio Morales (06). 2 pages (PJS)
2003-02-14 212 0 Sentencing MINUTES: before Judge Donovan W. Frank SENTENCING Jay Michael Puig (2) to count 1. Custody of BOP for 15 months, VSP 3/21/03 by 2:00 p.m.; 2 years supervised release; $100.00 spec assmt; remaining counts are dismissed. Court Reporter: Bruce Tiffany. 1pg (LEG)
2003-02-27 214 0 Judgment Returned Executed JUDGMENT returned executed as to defendant Daniel James Herrick on 2/25/03 to FCI, Sandstone. (LEG)
2003-03-31 225 0 Order FINAL ORDER OF FORFEITURE WITH ATTACHMENT A AND AMENDED ATTACHMENT A (Judge Donovan W. Frank / date signed 3/31/03) as to deft Jay Michael Puig (2). LET JUDGMENT BE ENTERED ACCORDINGLY (cc: all counsel). 12pgs (LEG)
2003-07-07 235 0 Miscellaneous Document THIRD PARTY PETITION W/ATTACHMENTS by Michael Hance as to deft Michael J. Puig (2), re: motorcycle, and certain additional motorcycle parts. 30pgs (LEG) Modified on 07/08/2003
2003-08-15 236 0 Response to Motion Letter with attachment from AUSA James Alexander, to Richard Sletten, Clerk of Court re: Local Rule 7.1(b)(2)(A), responding to the petition filed by Attorney Patrick Dinneen, atty for petitioner Michael Hance [235-1] as to deft Jay Michael Puig (2). 3pgs (LEG)
2003-09-12 237 0 Response THIRD PARTY RESPONSE by claimant Michael Hance to govt's motion to dismiss or for summary judgment & notice of motion & motion as to deft Jay Michael Puig (2). 7 pgs (
2003-10-20 239 0 Memorandum in Support of Motion MEMORANDUM by USA in support of motion to dismiss petition of Michael Hance for ancillary hearing pursuant to 21 USC 853(N) or alternatively for summary judgment [238-1] 16pgs (BLW
2003-10-20 240 0 Affidavit AFFIDAVIT of M. Jill Fedo on behalf of USA in support of motion to dismiss petition of Michael Hance for ancillary hearing pursuant to 21 USC 853(N) or alternatively for summary judgment [238-1] 2pgs+Exhibits A-G (BLW
2003-10-20 241 0 Affidavit AFFIDAVIT of Chris Omodt on behalf of USA in support of motion to dismiss petition of Michael Hance for ancillary hearing pursuant to 21 USC 853(N) or alternatively for summary judgment [238-1] 6pgs+Exhibits A-E (BLW
2003-10-20 242 0 Reply to Response REPLY MEMORANDUM by USA in support of Motion to Dismiss Petition for Ancillary Hearing or for Summary Judgment in the Alternative - ORAL ARGUMENT REQUESTED [238-1] 5pgs (BLW
2005-01-28 254 0 Petition and Order re: Modifying Conditions Petition and Order re: Modifying Conditions of Supervised Release with attached waiver as to Daniel James Herrick. Signed by Judge Donovan W Frank on 1/28/2005. (Attachments: # (1) Hearing Waiver) (GMO) 2009-08-30 02:02:36 b2764013aa62212226425f698827a4a62ae52e5f
254 1 Hearing Waiver 2009-08-30 02:02:25 a7b9432f3ed3e4f0653855b3e5a923864e379e46
2005-11-16 276 0 Petition and Order re: Violation of Supervision Petition and Order re: Violation of Supervision as to Daniel James Herrick . Signed by Judge Donovan W Frank on 11/16/05; summons issued and delivered to US Marshal on 11/17/05; deft to appear for initial appearance on violation 12/1/05 at 1:30 p.m. before Magistrate Judge Arthur J. Boylan. (MKF) Modified on 11/17/2005 cc: PD & AJB Modified on 11/17/2005 modified date and time of appearance - see notice of docket correction. 2009-08-30 02:02:35 30780d5862ecd6f61c201b7866aa070baa62c5ec
2005-11-21 277 0 Application for Writ of Habeas Corpus Ad Prosequendum APPLICATION FOR WRIT OF HABEAS CORPUS AD PROSEQUENDUM as to Daniel James Herrick Writ issued and delivered to the USM on 11/21/05. Signed by Magistrate Judge Franklin L Noel on 11/21/05. (MKF) 2009-08-30 02:02:30 407803cac6d1afafbe33edf9ee9dada1a8efd41a
2005-12-01 279 0 Minutes Minute Entry for proceedings held before Magistrate Judge Arthur J Boylan: Initial Appearance as to Daniel James Herrick held on 12/1/05. Defendant did not appear for hearing. Bench Warrant to be issued. (GMO) 2009-08-30 02:02:23 f48d154786805fe7302df7245dcaf3b89bdecd95
2005-12-05 280 0 Order ORDER for Bench Warrant as to Daniel James Herrick . Signed by Magistrate Judge Arthur J Boylan on 12/5/05. (JME) 2009-08-30 02:02:26 a1f2eeb7e89373b01c69f6e670b3fe82670fab51
2005-12-02 281 0 Summons Returned Executed Amended Summons Returned Executed on 11/23/05 as to Daniel James Herrick .(JME) 2009-08-30 02:02:34 51abe6f01105aacd334abbe75bfd639cda7e7c3f
2006-03-07 287 0 Initial Appearance - Revocation Proceedings Minute Entry for proceedings held before Magistrate Judge Susan R Nelson :Initial Appearance re Revocation of Supervised Release as to Daniel James Herrick held on 3/7/2006. Government moves for detention, Government to do detention order. Final Hearing re Revocation of Supervised Release set for 3/16/2006 at 11:00 AM in Minneapolis - Courtroom 9W before Judge Donovan W Frank. (Tape #524B) (JME) 2009-08-30 02:02:27 95f1fb843d37cf5de84745e3a8d295bbeff66b08
2006-03-08 288 0 Notice of Attorney Appearance/Substitution - Defendant NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Daniel James Herrick (Villa, Virginia) 2009-08-30 02:02:30 a463baaf75a76f48413406a6865b6dcdcd0d8738
2006-03-09 289 0 Warrant Returned Executed Arrest Warrant Returned Executed on 3/6/06 as to Daniel James Herrick .(GJS) 2009-08-30 02:02:29 f0b254412dfdbf923c82539b331e9e21313bb350
2006-03-16 290 0 Supervised Release - Final Revocation Hrg Minute Entry for proceedings held before Judge Donovan W Frank :Final Hearing re Revocation of Supervised Release as to Daniel James Herrick held on 3/16/2006 (Court Reporter Tim Willette) (lml) 2009-08-30 02:02:22 360a0818c19d6bfb4bd1e8de10d4e53e18d5c2fc
2006-03-21 291 0 Judgment On Supervised Release Violation SENTENCING JUDGMENT ON SUPERVISED RELEASE VIOLATION as to Daniel James Herrick . Signed by Judge Donovan W Frank on 3/16/06. (MKF) 2009-08-30 02:02:20 d8fa8ea2eaf65569a5b7e8368ca7ca2249ae96a7
2006-04-26 292 0 Judgment Returned Executed Judgment Returned Executed as to Daniel James Herrick, delivered to FCI Sandstone on 4/4/06 .(GJS) 2009-08-30 02:02:32 2eddc05a5ead02f31315f13704f8d57aff037526