| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2002-01-24 |
1 |
0 |
Indictment |
INDICTMENT assigned to Judge Donovan W. Frank and referred to Magistrate Judge Raymond L. Erickson by USA Joseph T Dixon III. Counts filed against Duane James Neadeau (1) count(s) 1, 2, 3. Warrant issued. (2 pages) (PJS) |
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| 2002-03-15 |
2 |
0 |
Initial Appearance |
MINUTES: before Magistrate Judge Randall R. Burg first appearance of Duane James Neadeau; $25,000 RPR bond set. Arraignment set for 3:00 on 3/20/02 before ESS. Counsel appt'd. (Per PD Ofc Virginia Villa appt'd) (djd) 1 pg ( Modified on 03/19/2002 |
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| 2002-03-15 |
3 |
0 |
Order Setting Conditions of Release |
ORDER SETTING CONDITIONS OF RELEASE by Magistrate Judge Randall R. Burg for Duane James Neadeau in the amount of $25,000 RPR. (djd) 3 pg(s) ( Modified on 03/19/2002 |
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| 2002-03-15 |
4 |
0 |
Utility - Miscellaneous |
APPEARANCE BOND ($25,000 RPR executed on 3/15/02) by Duane James Neadeau (djd) 1pg ( Modified on 03/19/2002 |
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| 2002-03-20 |
5 |
0 |
Arraignment |
MINUTES: before Magistrate Judge E. S. Swearingen dft Duane James Neadeau arraigned; not guilty plea entered; Attorney Virginia Villa present; disclosueres due 4/4/02; pretrial motions due on 4/1/02; motion hearing set for 1:30 on 4/8/02 before RLE in CR 3, Duluth, MN; Voir Dire / Jury Instructions due on 5/13/02; jury trial set for 9:00 on 5/20/02 before DWF Tape 02 14 290-347. 1pg (LEG) |
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| 2002-03-26 |
6 |
0 |
Warrant Returned Executed |
BENCH Warrant returned executed as to Duane James Neadeau 3/20/02. (1 page) (PJS) |
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| 2002-03-27 |
7 |
0 |
Motion for Discovery |
MOTION for discovery pursuant to Rules 16(b), 12.1, 12.2 & 26.2 by USA as to Duane James Neadeau. 3 pg(s) ( |
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| 2002-04-02 |
8 |
0 |
Motion for Disclosure |
MOTION for disclosure of 404 evidence by Duane James Neadeau. 1 pg(s) ( |
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| 2002-04-02 |
9 |
0 |
Motion to Compel |
MOTION to compel atty for the govt to disclose evidence favorable to deft by Duane James Neadeau. 5 pg(s) ( |
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| 2002-04-02 |
10 |
0 |
Motion for Discovery |
MOTION for discovery by Duane James Neadeau. 3 pg(s) ( |
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| 2002-04-02 |
11 |
0 |
Motion for Discovery |
MOTION to enforce discovery disclosure dates by Duane James Neadeau. 1 pg(s) ( |
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| 2002-04-02 |
12 |
0 |
Motion for Disclosure |
MOTION for disclosure of Jencks Act material by Duane James Neadeau. 2 pg(s) ( |
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| 2002-04-02 |
13 |
0 |
Motion for Miscellaneous Relief |
MOTION for gov't agents to rtn rough notes by Duane James Neadeau. 2 pg(s) ( |
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| 2002-04-02 |
14 |
0 |
Motion to Dismiss |
MOTION/MEMORANDUM to dismiss counts 1-2 of the indictment for failure to state an offense by Duane James Neadeau. 5 pg(s) ( |
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| 2002-04-02 |
15 |
0 |
Motion for Bill of Particulars |
MOTION for a bill of particulars by Duane James Neadeau. 1 pg(s) ( |
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| 2002-04-02 |
16 |
0 |
Motion for Disclosure |
MOTION/MEMORANDUM for disclosure of grand jury by Duane James Neadeau. 4 pg(s) ( |
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| 2002-04-02 |
17 |
0 |
Motion for Miscellaneous Relief |
MOTION/MEMORANDUM for an in-camera inspection by Duane James Neadeau (same document as #16). ( |
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| 2002-04-02 |
18 |
0 |
Motion to Dismiss |
MOTION/MEMORANDUM to dismiss indictment by Duane James Neadeau (same document as #16 & 17) ( |
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| 2002-04-02 |
19 |
0 |
Motion to Suppress |
MOTION to suppress evidence obtained as a result of search & seizure by Duane James Neadeau. 2 pg(s) ( |
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| 2002-04-02 |
20 |
0 |
Motion to Suppress |
MOTION/MEMORANDUM to suppress statements, admissions & answers by Duane James Neadeau. 4 pg(s) ( |
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| 2002-04-02 |
21 |
0 |
Motion to Sever Defendant |
MOTION/MEMORANDUM for severance of count 3 from counts 1-2 by Duane James Neadeau. 5 pg(s) ( |
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| 2002-04-05 |
22 |
0 |
Response to Motion |
RESPONSE by USA to deft's motions as to Duane James Neadeau. (10 pages) (PJS) |
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| 2002-04-11 |
23 |
0 |
Minutes |
MINUTES before Magistrate Judge Raymond L. Erickson for MOTION HEARING as to Duane James Neadeau: Motions taken under advisement; briefs due 4/12/02 (deft) and govt 4/17/02 (govt). Tape 02-18. (1 page) (PJS) |
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| 2002-04-12 |
24 |
0 |
Memorandum in Support of Motion |
MEMORANDUM by deft Duane James Neadeau in support of motion to suppress evidence [19-1]. 5 pages (PJS) |
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| 2002-04-17 |
25 |
0 |
Response/Reply - Miscellaneous |
RESPONSE by plaintiff USA to deft's motion to suppress evidence [19-1] as to defendant Duane James Neadeau. 5 pgs ( |
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| 2002-04-25 |
26 |
0 |
Order |
ORDER ( Magistrate Judge Raymond L. Erickson / 4/25/02) as to James Nadeau granting deft's motion for discovery [10-1]; granting in part/denying in part deft's motion to enforce discovery disclosure dates [11-1]; granting deft's motion for disclosure of Jencks Act material [12-1]; granting deft's motion for govt agents to retain rough notes [13-1]; granting deft's motion to compel atty for the govt to disclose evidence favorable to deft [9-1]; granting deft's motion for disclosure of 404 evidence [8-1]; granting deft's motion for severance of count 3 from counts 1 & 2 [21-1]; denying deft's motion for a bill of particulars [15-1]; denying deft's motion for disclosure of grand jury transcripts or in the alternative for an in-camera inspection of grand jury transcripts [16-1] [17-1]; granting govt's motion for discovery pursuant to Rules 16(b), 12.1, 12.2 & 26.2 [7-1]. (cc: all counsel) 40 pages (PJS) |
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| 2002-04-25 |
27 |
0 |
Report and Recommendation |
REPORT and RECOMMENDATION by Magistrate Judge Raymond L. Erickson date signed: 4/25/02 recommending that deft's motions to dismiss counts 1-2 of the indictment for failure to state an offense [14-1], to dismiss indictment [18-1], to suppress evidence obtained as a result of search & seizure [19-1], and to suppress statements, admissions & answers [20-1] be denied. RR Ruling deadline set for 5/25/02. (cc: all counsel) 40 pages/part of Doc. #26 (PJS) |
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| 2002-05-03 |
28 |
0 |
Transcript (Conventional) |
TRANSCRIPT OF PRETRIAL MOTION HEARING held 4/8/02 before Magistrate Judge Raymond L. Erickson as to defendant Duane James Neadeau (Court Reporter: Jean Arends) 41pg(s) (SEPARATE) ( |
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| 2002-05-03 |
29 |
0 |
Transcript (Conventional) |
TRANSCRIPT OF TESTIMONY OF INVESTIGATOR JASON LAWRENCE held 4/8/02 before Magistrate Raymond L. Erickson as to defendant Duane James Neadeau (Court Reporter: Jean Arends) 21pg(s) (SEPARATE) ( |
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| 2002-05-07 |
30 |
0 |
Utility - Miscellaneous |
LETTER to court from defendant Duane James Neadeau requesting a continuance of the trial date, currently set for 5/20/02. 1 pg ( |
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| 2002-05-07 |
31 |
0 |
Notice of Hearing |
AMENDED NOTICE of JURY TRIAL rescheduled for 9:00 on 6/3/02 for Duane James Neadeau before DWF. (cc: attys) 1 pg ( Modified on 05/07/2002 |
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| 2002-05-20 |
32 |
0 |
Order |
ORDER (Judge Donovan W. Frank / date signed 5/20/02) deft's motion to dismiss counts 1-2 of the indictment for failure to state an offense [14-1] is DENIED; deft's motion to dismiss indictment [18-1] is DENIED; deft's motion to suppress evidence obtained as a result of search & seizure [19-1] is DENIED; deft's motion to suppress statements, admissions & answers [20-1] is DENIED (cc: all counsel). 2pgs (LEG) |
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| 2002-05-28 |
33 |
0 |
Order |
ORDER FOR APPEARANCE OF DEFT AND FOR TRANSPORTATION EXPENSES (Magistrate Judge E. S. Swearingen / 5/28/02) as to Duane James Neadeau for appearance on 5/30/02 at 10:00 a.m. and that the USM furnish transportation to appear and to return home to Red Lake, MN. (cc: all counsel, PO, USM) 1 page (PJS) |
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| 2002-05-30 |
34 |
0 |
Plea Entered |
MINUTES: before Judge Donovan W. Frank Duane James Neadeau enters guilty plea to count 1 of the indictment; counts 2 and 3 to be dismissed at sentencing. PSI ordered. Bond cont'd. Court Reporter: Bruce Tiffany. 1pg (LEG) |
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| 2002-05-30 |
35 |
0 |
Plea Agreement |
PLEA AGREEMENT AND SENTENCING STIPULATIONS as to Duane James Neadeau. 5pgs (LEG) |
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| 2002-09-10 |
36 |
0 |
Order |
PETITION and ORDER FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE as to Duane James Neadeau by Magistrate Judge J. Earl Cudd. (copies dist'd) Warrant issued. (1 page) (PJS) |
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| 2002-09-17 |
37 |
0 |
Warrant Returned Executed |
BENCH Warrant returned executed as to Duane James Neadeau on 9/16/02. 1pg (LEG) |
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| 2002-09-17 |
38 |
0 |
Minutes |
MINUTES: before Magistrate Judge J. Earl Cudd for first appearance on pretrial release violation as to Duane James Neadeau; deft detained; bond revocation hearing set for 10:00 on 9/19/02 before JEC; hearing not taped. 1pg (LEG) |
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| 2002-09-19 |
39 |
0 |
Minutes |
MINUTES: before Magistrate Judge J. Earl Cudd for bond revocation hearing as to Duane James Neadeau; deft to continue on conditions of bond previously set w/added conditions. Tape 2002 16 468-1106. 1pg (LEG) |
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| 2002-09-19 |
40 |
0 |
Miscellaneous Document |
EX PARTE APPLICATION FOR ISSUANCE OF SUBPOENAS ON BEHALF OF DEFT & ORDER (JEC 9/19/02) by defendant Duane James Neadeau. 3pgs * filed under seal * (LEG) |
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| 2002-09-20 |
41 |
0 |
Position on Sentencing/Sentencing Memorandum |
POSITION of deft with respect to sentencing Duane James Neadeau. (5 pages) (PJS) |
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| 2002-09-20 |
42 |
0 |
Motion for Miscellaneous Relief |
MOTION for downward departure by Duane James Neadeau. (5 pages/part of Doc. #41). (PJS) |
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| 2002-09-24 |
43 |
0 |
Position on Sentencing/Sentencing Memorandum |
POSITION of govt with respect to sentencing Duane James Neadeau. (4 pages) (PJS) |
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| 2002-09-25 |
44 |
0 |
Minutes |
MINUTES: before Judge Donovan W. Frank for hearing as to Duane James Neadeau. Deft's motion for downward departure [42-1] is denied. Deft's oral motion to withdraw plea agreement is granted. Govt's motion to place deft in custody, taken under advisement. Conditions of bond remain the same. Court Reporter: Bruce Tiffany. 1 pg ( |
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| 2002-09-27 |
45 |
0 |
Order |
ORDER AND MEMORANDUM (Judge Donovan W. Frank / date signed 9/27/02) govt's motion for detention of deft is DENIED as to Duane James Neadeau deft shall continue on release provided that he complies with terms and conditions (see Memorandum and Order for terms and conditions) (cc: all counsel, PTS & USM). 3pgs (LEG) |
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| 2002-10-01 |
46 |
0 |
Indictment |
SUPERSEDING INDICTMENT as to Duane James Neadeau (1) counts 1s, 2s, 3s, 4s. 3pgs (LEG) |
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| 2002-10-02 |
47 |
0 |
Order |
PETITION and ORDER ON CONDITIONS OF PRETRIAL RELEASE as to Duane James Neadeau by Judge Donovan W. Frank that a warrant be issued for the detft's arrest and a hearing be held to show cause why his pretrial release should not be revoked. Deft's whereabouts unknown. Warrant issued and delivered to the USM 10/2/02 (copies dist'd). 3pgs (LEG) |
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| 2002-10-04 |
48 |
0 |
Order |
PETITION and ORDER FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE as to Duane James Neadeau by Judge Donovan W. Frank on 10/2/02 a Petition for Action on Conditions of Pretrial Release was prepared with an incorrect name of James Duane Neadeau, and a warrant was subsequently issued with the same name. The original warrant should be quashed so the correct and true name can be represented on the new warrant. PRAYING THAT THE COURT WILL ORDER that a warrant be issued for deft's arrest and a hearing be held to show cause why his pretrial release should not be revoked. Warrant issued, deft's whereabouts unknown. (copies dist') 3pgs (LEG) |
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| 2002-10-08 |
49 |
0 |
Minutes |
MINUTES before Magistrate Judge Raymond L. Erickson for HEARING as to Duane James Neadeau: deft has no phone; arraignment cont'd to when deft next appears; pretrial motions due 10/18/02; motion hearing set for 2:30 p.m. on 10/25/02; atty present. Court Reporter: Shaddix. (1 page) (PJS) |
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| 2002-10-11 |
50 |
0 |
Warrant Returned Unexecuted |
BENCH Warrant returned unexecuted for Duane James Neadeau. 2pgs (LEG) |
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| 2002-11-04 |
51 |
0 |
Minutes |
MINUTES: before Magistrate Judge Raymond L. Erickson for first appearance on supervised release as to Duane James Neadeau; deft detained; preliminary, detention and arraignment hearing (on superseding indictment) set for 2:30 on 11/7/02 before RLE. Court finds deft eligible for court appt'd counsel. Deft will be held at Douglas County Jail. Tape 02-64. 1pg (LEG) |
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| 2002-11-04 |
52 |
0 |
Motion for Miscellaneous Relief |
MOTION for detention w/o bail pending trial by USA as to Duane James Neadeau. 7 pgs ( |
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| 2002-11-05 |
53 |
0 |
Order |
ORDER OF TEMPORARY DETENTION (Magistrate Judge Raymond L. Erickson / date signed 11/5/02) granting govt's motion for detention [52-1] as to Duane James (cc: all counsel, PTS & USM). 3pgs (LEG) |
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| 2002-11-07 |
54 |
0 |
Arraignment |
MINUTES before Magistrate Judge Raymond L. Erickson re deft Duane James Neadeau ARRAIGNED on superseding indictment; not guilty plea entered; atty present; Voir Dire / Jury Instructions due 11/25/02; jury trial set for 9:00 a.m. on 12/2/02 before DWF; detention issue taken under advisement. Tape 02-66 & 67. (1 page) (PJS) |
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| 2002-11-07 |
55 |
0 |
Order of Detention |
ORDER OF DETENTION PENDING TRIAL of Duane James Neadeau by Magistrate Judge Raymond L. Erickson (dated 11/7/02). (copies dist'd) 8 pages (PJS) |
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| 2002-11-08 |
56 |
0 |
Order |
ARRAIGNMENT ORDER by Magistrate Judge Raymond L. Erickson (Date Signed: 11/8/02) as to Duane James Neadeau. Same as minutes, Doc. 54. (2 pages) (PJS) |
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| 2002-11-13 |
57 |
0 |
Warrant Returned Executed |
BENCH Warrant returned executed as to Duane James Neadeau 11/1/02. 1 pg ( |
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| 2002-11-27 |
58 |
0 |
Plea Entered |
MINUTES before Judge Donovan W. Frank re Duane James Neadeau enters GUILTY PLEA to Count 1 of the superseding indictment; remaining counts to be dism'd; PSI Report ordered; deft in custody. Court Reporter: Bruce Tiffany. (1 page) (PJS) |
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| 2002-11-27 |
59 |
0 |
Plea Agreement |
PLEA AGREEMENT AND SENTENCING STIPULATIONS as to Duane James Neadeau. (5 pages) (PJS) |
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| 2003-01-31 |
60 |
0 |
Position on Sentencing/Sentencing Memorandum |
POSITION of dft with respect to sentencing Duane James Neadeau. 11 pgs ( |
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| 2003-01-31 |
61 |
0 |
Motion for Miscellaneous Relief |
MOTION for downward departure by Duane James Neadeau. 11 pgs ( |
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| 2003-01-31 |
62 |
0 |
Motion for Hearing |
MOTION for an evidentiary hearing with respect to sentencing by Duane James Neadeau. 4 pgs ( |
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| 2003-02-04 |
63 |
0 |
Position on Sentencing/Sentencing Memorandum |
POSITION of govt with respect to sentencing Duane James Neadeau. (10 pages) (PJS) |
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| 2003-02-04 |
64 |
0 |
Response/Reply - Miscellaneous |
RESPONSE by USA to deft's sentencing position [63-1] as to deft Duane James Neadeau. (8 pages) (PJS) |
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| 2003-02-05 |
65 |
0 |
Miscellaneous Document |
EX PARTE APPLICATION FOR ISSUANCE OF SUBPOENAS ON BEHALF OF DEFT filed by deft Duane James Neadeau & ORDER (JEC 2/4/03) for issuance of subpoenas. 2pgs * filed under seal * (LEG) Modified on 02/06/2003 |
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| 2003-02-06 |
66 |
0 |
Sentencing |
MINUTES: before Judge Donovan W. Frank SENTENCING Duane James Neadeau (1) to count 1 of the superseding indictment. Custody of BOP for 87 months, this sentence takes into account 3 months served in Red Lake for instant offense; 3 years supervised release; $100.00 spec assmt; victim has 60 days to submit loss, but up to now Court has not heard from victim; remaining counts dismissed. Evidentiary hearing by deft. Witnesses: Janet Neadeau, Edwina Neadeau, Geraldine Neadeau, Sonny Johnson. Deft's motion for downward departure 4A1.3, 5K2.10, 5K2.12 - DENIED. Deft remanded to custody of USM. Court Reporter: Bruce Tiffany. 1pg (LEG) |
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| 2003-02-07 |
67 |
0 |
Judgment |
SENTENCING JUDGMENT as to defendant Duane James Neadeau by Judge Donovan W. Frank (dated 2/6/03) (Copies dist'd). 4pg(s) (LEG) |
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| 2003-02-11 |
68 |
0 |
Notice of Appeal - Final Judgment |
NOTICE OF APPEAL to the 8th Circuit Court of Appeals by defendant Duane James Neadeau from judgment entered 2/10/03 [67-1] (cc: all counsel, Deft & CR) 2 pgs ( |
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| 2003-02-14 |
69 |
0 |
Appeal - Miscellaneous |
Clerk's Record on Appeal delivered to the 8th Circuit Court as to Duane James Neadeau (cc: Counsel). 3pgs (LEG) |
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| 2003-02-19 |
70 |
0 |
USCA Order |
CERTIFIED COPY OF USCA Order that the FPD is hereby appt'd to represent (or to continue to represent) the appellant in all matters pertaining to this action before this Court as to defendant Duane James Neadeau. 1pg (LEG) |
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| 2003-04-01 |
71 |
0 |
Transcript (Conventional) |
TRANSCRIPT OF SENTENCING AND EVIDENTIARY HEARING on 2/6/03 before DWF as to deft Duane James Neadeau (Court Reporter: Bruce Tiffany). 75 pages (SEPARATE) (PJS) |
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| 2003-06-09 |
72 |
0 |
USCA Judgment |
CERTIFIED COPY OF JUDGMENT FROM USCA dismissing the appeal [68-1] as to Duane James Neadeau. MANDATE ISSUED FORTHWITH. (copies dist'd) 1 pg ( |
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| 2003-09-03 |
73 |
0 |
Amended Judgment |
AMENDED JUDGMENT as to deft Duane James Neadeau by Judge Donovan W. Frank (dated 9/2/03) (Copies dist'd) 4 pgs. Amendment is on page 4-added special condition (h) re: collection of DNA sample. ( |
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| 2003-09-12 |
74 |
0 |
Judgment Returned Executed |
JUDGMENT returned as to defendant Duane James Neadeau. No action required by USM. (4 pages) (PJS) |
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