Case details

Court: mtd
Docket #: 1:09-cr-00072
Case Name: USA v. Gutierrez
PACER case #: 36237
Date filed: 2009-05-26
Assigned to: Judge Richard F. Cebull

Parties

Represented Party Attorney & Contact Info
Rodolfo Gutierrez, Jr.
Defendant (1)
Lisa Bazant
ATTORNEY AT LAW PO Box 1832 Billings, MT 59103 406-696-2197 Email: lisabazant@hotmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Rachel L. Boyle
ATTORNEY AT LAW 190 South LaSalle Street Suite 520 Chicago, IL 60603 Email: rachelboyle1@hotmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Terrence P. LeFevour
ATTORNEY AT LAW 190 South LaSalle Street Suite 520 Chicago, IL 60603 312-782-5075 Fax: 312-422-1121 Email: lefevourlaw@sbcglobal.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-05-26 1 0 INDICTMENT as to Rodolfo Nicholas Gutierrez, Jr (1) count(s) 1-3, 4, 5-7, 8. (CAA, ) (Additional attachment(s) added on 7/24/2009: # 1 Interlineated Indictment) (JDH, ). Modified on 7/24/2009: Indictment amended to remove middle name. Nicholas is not part of dft's legal name. (JDH). (Entered: 05/27/2009)
2009-06-04 3 0 Summons Returned Executed on 6/1/09. as to Rodolfo Nicholas Gutierrez, Jr (TMD, ) (Entered: 06/04/2009)
2009-06-23 4 0 NOTICE OF ATTORNEY APPEARANCE: Lisa Bazant appearing for Rodolfo Nicholas Gutierrez, Jr. (JDH) (Entered: 06/23/2009)
2009-06-23 5 0 MOTION to Continue Arraignment by Rodolfo Nicholas Gutierrez, Jr. (JDH) (Entered: 06/23/2009)
2009-06-23 6 0 ORDER RESETTING ARRAIGNMENT as to Rodolfo Nicholas Gutierrez, Jr. The arraignment currently set for 6/25/09 is VACATED and RESET for 7/24/2009 09:00 AM in Billings, MT before Magistrate Carolyn S Ostby. Signed by Magistrate Carolyn S Ostby on 6/23/2009. (Hard copy to L. Bazant & Kurt Alme. (JDH) (Entered: 06/23/2009)
2009-06-30 7 0 MOTION for Leave to Appear Pro Hac Vice Attorney: Terrence P. Lefevour. ( Filing fee $ 250 receipt number MTX1-3243.) by Rodolfo Nicholas Gutierrez, Jr. (Attachments: #(1) Affidavit of Terrence Lefevour, # 2Text of Proposed Order) (CAA, ) Modified on 6/30/2009 to indicate a copy to CSO's printer (CAA, ). (Entered: 06/30/2009)
2009-06-30 8 0 MOTION for Leave to Appear Pro Hac Vice Attorney: Rachel L. Boyle. ( Filing fee $ 250 receipt number MTX1-3253.) by Rodolfo Nicholas Gutierrez, Jr. (Attachments: #(1) Affidavit of Rachel L. Boyle, # 2Text of Proposed Order) (CAA, ) (copy to CSO's printer in chambers) (Entered: 06/30/2009)
2009-07-01 9 0 ORDER granting 7 Motion for Leave to Appear Pro Hac Vice as to Rodolfo Nicholas Gutierrez Jr. (1). IT IS ORDERED that Terrence P. LeFevour is hereby permitted to appear pro hac vice. Signed by Magistrate Carolyn S Ostby on 7/1/2009. (Hard copy to T. Lefevour, L. Bazant & K. Alme) (JDH) (Entered: 07/01/2009)
2009-07-01 10 0 ORDER granting 8 Motion for Leave to Appear Pro Hac Vice as to Rodolfo Nicholas Gutierrez Jr. (1). IT IS ORDERED that Rachel L. Boyle is hereby permitted to appear pro hac vice. Signed by Magistrate Carolyn S Ostby on 7/1/2009. (Hard copy to R. Boyle, T. Lefevour, L. Bazant and K. Alme) (JDH) (Entered: 07/01/2009)
2009-07-24 11 0 Minute Entry for proceedings held before Magistrate Carolyn S Ostby: Initial Appearance and Arraignment as to Rodolfo Nicholas Gutierrez Jr. (1) Count 1-3,4,5-7,8 held on 7/24/2009. Defendant present and not in custody appearing with attorney Lisa Bazant; attorney Ryan Archer appearing on behalf of Kurt Alme for USA. Defendant acknowledges his true name as Rodolfo Gutierrez, Jr. Dft. has received a copy of the indictment. Dft. is advised of his rights, waives reading of the charges and is advised of the maximum possible penalties, if convicted. Not Guilty Plea entered by Rodolfo Gutierrez Jr. (1) Count 1-3,4,5-7,8. Dft. agrees to abide by all conditions of pretrial release and the dft. is released on his own recognizance. Dft. is required to surrender his passport. Dft. moves the Court to amend the indictment by interlineation to Rodolfo Gutierrez, Jr., removing the middle name of Nicholas. The govt. does not object. Motion granted. (FTR Gold; L/C J. Conwell; D/C J. Harris.)(RFC chambers notified; hard copy of minutes to PHV counsel.) (JDH) (Entered: 07/24/2009)
2009-07-24 12 0 ORDER Setting Conditions of Release as to Rodolfo Gutierrez, Jr. Signed by Magistrate Carolyn S Ostby on 7/24/2009.(Hard copy to PHV counsel.) (JDH) (Entered: 07/24/2009)
2009-07-29 14 0 SCHEDULING ORDER as to Rodolfo Gutierrez, Jr.: Discovery due by 8/7/2009. Pretrial Motions due by 8/28/2009. Any Motion for COP due by 9/18/2009. Jury Instructions, Trial Briefs and Notebooks due by 9/22/09. Pretrial Conference set for 9/29/2009 08:00 AM in Chambers. Jury Trial set for 9/29/2009 09:00 AM in Billings, MT before Judge Richard F. Cebull. Signed by Judge Richard F. Cebull on 7/29/2009. (EMA) Modified on 7/29/2009 to indicate hard copies mailed to R.Boyle and T.Lefevour (CAA, ). (Entered: 07/29/2009)
2009-09-02 15 0 Unopposed MOTION to Continue trial by Rodolfo Gutierrez, Jr. (Attachments: # 1 Text of Proposed Order) (Bazant, Lisa) (Entered: 09/02/2009)
2009-09-09 16 0 NOTICE OF ATTORNEY APPEARANCE Jessica Teresa Fehr appearing for USA. (Fehr, Jessica) (Entered: 09/09/2009)
2009-09-09 17 0 NOTICE Of Certificate of Service by USA as to Rodolfo Gutierrez, Jr re 16 Notice of Attorney Appearance - USA (Fehr, Jessica) (Entered: 09/09/2009)
2009-09-11 18 0 ORDER TO CONTINUE - Ends of Justice as to Rodolfo Gutierrez, Jr., Time excluded from 9/29/09 until 1/4/2010. SCHEDULING ORDER: Pretrial Motions due by 10/30/2009. Any Motion for COP with Plea Agreement due by 12/14/2009. Jury Instructions, Trial Briefs and Notebooks due by 12/28/09. Pretrial Conference set for 1/4/2010 08:00 AM in Chambers. Jury Trial reset for 1/4/2010 09:00 AM in Billings, MT before Judge Richard F. Cebull. 15 Unopposed MOTION to Continue Trial filed by Defendant Granted. Signed by Judge Richard F. Cebull on 9/11/2009. (EMA) Modified on 9/11/2009 to indicate hard copies mailed to R. Boyle and T. Lefevour (TMD, ). (Entered: 09/11/2009)
2009-11-17 19 0 Unopposed MOTION to Continue trial and motions by Rodolfo Gutierrez, Jr. (Attachments: # 1 Text of Proposed Order) (Bazant, Lisa) (Entered: 11/17/2009)
2009-11-23 20 0 ORDER TO CONTINUE - Ends of Justice as to Rodolfo Gutierrez, Jr., Time excluded from 1/4/2010 until 3/15/2010. SCHEDULING ORDER: Pretrial Motions due by 1/15/2010. Any Motion for COP with Plea Agreement due by 2/22/2010. Jury Instructions, Trial Briefs and Notebooks due by 3/8/2010. Pretrial Conference set for 3/15/2010 08:00 AM in Chambers. Jury Trial reset for 3/15/2010 09:00 AM in Billings, MT before Judge Richard F. Cebull. 19 second Unopposed MOTION to Continue Trial and Motions Deadlines filed by Defendant Granted. Signed by Judge Richard F. Cebull on 11/23/2009. (EMA) (Entered: 11/23/2009)
2010-01-22 21 0 NOTICE OF ATTORNEY APPEARANCE Michael S. Lahr appearing for USA. (Lahr, Michael) (Entered: 01/22/2010)
2010-02-19 22 0 MOTION TO CHANGE PLEA by Rodolfo Gutierrez, Jr. (Attachments: # 1 Text of Proposed Order) (Bazant, Lisa) (Entered: 02/19/2010)
2010-02-22 23 0 ORDER SETTING Change of Plea Hearing for 3/1/2010 10:00 AM in Billings, MT before Judge Richard F. Cebull as to Rodolfo Gutierrez, Jr. Signed by Judge Richard F. Cebull on 2/22/2010. (EMA) (Entered: 02/22/2010)
2010-02-24 24 0 Unopposed MOTION for Leave to File Under Seal by Rodolfo Gutierrez, Jr. (Attachments: # 1 Text of Proposed Order) (Bazant, Lisa) (Entered: 02/24/2010)
2010-02-24 25 0 TEXT ORDER granting 24 unopposed Motion for Leave to File Plea Agreement Under Seal as to Rodolfo Gutierrez Jr. Signed by Judge Richard F. Cebull on 2/24/2010. (EMA) (Entered: 02/24/2010)
2010-02-24 26 0 PLEA AGREEMENT as to Rodolfo Gutierrez, Jr (copies forwarded to chambers, court reporter and counsel) original to Probation. (CAA, ) (Entered: 02/24/2010)
2010-02-25 27 0 OFFER OF PROOF as to Rodolfo Gutierrez, Jr (Alme, Kurt) (Entered: 02/25/2010)
2010-03-01 28 0 Minute Entry for proceedings held before Judge Richard F. Cebull:Change of Plea Hearing as to Rodolfo Gutierrez, Jr held on 3/1/2010. Dft present (not in custody) with retained counsel Lisa Bazant and Terrence LeFevour, AUSA Kurt Alme for the Government and Bruce Watters for Probation. Dft states name, age, education and is sworn, is advised of nature of proceedings and indicates he is not under the influence of drugs or alcohol, no previous felonies, no mental disease, is satisfied with counsel and plea is voluntary--no threats or coersion. Plea agreement reviewed, as well as max penalties and rights dft would waive by guilty plea. USA states offer of proof, dft agrees and explains why he is guilty. Plea entered by Rodolfo Gutierrez Jr. (1) Guilty Count 4. Remaining Counts 1-3,5-7,8 to be dismissed at sentencing pursuant to the Plea Agreement. Motions terminated as to Rodolfo Gutierrez, Jr: 22 MOTION TO CHANGE PLEA filed by Rodolfo Gutierrez, Jr. Sentencing set for June 9, 2010 at 1:30 p.m. and dft remains released on same terms and conditions as previously imposed. L/C: A.Harada, C/D: C.Anderson. (Court Reporter JoAnn Bacheller.) (CAA, ) (Entered: 03/01/2010)
2010-03-01 29 0 ORDER SETTING Sentencing for 6/9/2010 01:30 PM in Billings, MT before Judge Richard F. Cebull as to Rodolfo Gutierrez, Jr. Signed by Judge Richard F. Cebull on 3/1/2010. (EMA) (Entered: 03/01/2010)