Case details

Court: nvd
Docket #: 2:09-cr-00199
Case Name: USA v. McGhan
PACER case #: 66165
Date filed: 2009-05-07
Date terminated: 2009-09-16

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-05-11 1 0 SEALED MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, as to Donald McGhan on 5/11/2009. By Deputy Clerk: Donna Andrews.The Court, having received a Criminal Information and Plea Agreement, IT IS ORDERED that the hearing for Waiver of Indictment, Filing of an Information, Initial Appearance and Arraignment and Plea is scheduled on 6/1/2009 at 02:30 PM in LV Courtroom 7C before Judge Philip M. Pro. IT IS FURTHER ORDERED that the defendant shall contact the Pretrial Services Office not later than 24 hours prior to this hearing date if not previously interviewed. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) Modified on 6/8/2009 to unseal docket (VHM). (Entered: 05/11/2009)
2009-06-01 2 0 MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, as to Donald McGhan on 6/1/2009. By Deputy Clerk: Donna Andrews. IT IS ORDERED the Hearing for Waiver of Indictment, Filing of an Information, Initial Appearance and Arraignment and Plea set for 6/1/2009 at 02:30 PM is CONTINUED to 6/8/2009 at 01:30 PM in LV Courtroom 7C before Judge Philip M. Pro due to the unavailability of defense counsel. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 06/01/2009)
2009-06-08 5 0 WAIVER OF INDICTMENT by Donald McGhan. (ECS) (Additional attachment(s) added on 6/17/2009: # 1 Corrected Signed Wavier of Indictment) (ECS). (Entered: 06/10/2009)
2009-06-08 6 0 INFORMATION as to Donald McGhan (1) Counts 1-4. (ECS) (Entered: 06/10/2009)
2009-06-08 7 0 AO 257 to 6 Information - Felony as to Donald McGhan. (ECS) (Entered: 06/10/2009)
2009-06-08 8 0 BINDING PLEA MEMORANDUM as to Donald McGhan. (ECS) (Entered: 06/10/2009)
2009-06-08 9 0 MINUTES OF PROCEEDINGS - Initial Appearance, Arraignment & Plea, and Waiver of Indictment as to Donald McGhan held on 6/8/2009 before Judge Philip M. Pro. Crtrm Administrator: Jeff Miller; AUSA: Daniel R. Shiess; Def Counsel: Dominic Gentile, Esq., Mark Dzarnosky, Esq.; PTS: Samira Barlow; Court Reporter/FTR #: Summer Rivera, ECRO; Time of Hearing: 1:30pm; Courtroom: 3B; Defendant is present. Defense counsel retained. Attorneys Dominic Gentile and Mark Dzarnoski for Donald McGhan added. Designation of Retained Counsel filed in open court. Defendant and counsel execute and file a Waiver of Indictment. The Superseding Information is filed. Defendant is sworn under oath, and the Court canvasses the defendant. Defendant pleads GUILTY to Count(s) 1 - 4 of the Superseding Information. Binding Plea Agreement filed. The Court defers acceptance or rejection of plea agreement until the time of sentencing. This matter is referred to the probation department for investigation and report. Sentencing and disposition set for 9/14/2009 @ 10:30 AM in LV Courtroom 7C before Judge Philip M. Pro. Defendant is released on a PR Bond with special conditions. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) (Entered: 06/10/2009)
2009-06-26 10 0 TRANSCRIPT of Proceedings, 9 Arraignment/Plea - Waiver of Indictment/Venue as to Donald McGhan held on June 8, 2009 before Judge Philip M. Pro. Court Reporter/Transcriber: NW Transcripts, LLC, 208-466-4148. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/2009. Redacted Transcript Deadline set for 7/27/2009. Release of Transcript Restriction set for 9/24/2009. (Rivera, Summer) (Entered: 06/26/2009)
2009-08-05 11 0 LETTERS in Support of Defendant Donald K. McGhan. (Attachments: # 1 Letter from Manuel Klausner, # 2 Letter from Harrison Bull, # 3 Letter from Neal Brockmeyer) (ASB) (Entered: 08/05/2009)
2009-09-01 12 0 LETTERS in Support of Defendant Donald McGhan. (Attachments: # 1 Letter from John B. Tebbetts, M.D., # 2 Letter from Gerald W. Yankie, # 3 Letter from Michael G. Petit, Ph.D., # 4 Letter from Martin Mitchell, # 5 Letter from Thomas A. Boardman, # 6 Letter from Edward C. DeLacy, # 7 Letter from Ted Enabnit, # 8 Letter from Andy Granatelli) (ASB) (Entered: 09/02/2009)
2009-09-04 13 0 SENTENCING MEMORANDUM by Donald McGhan. (Attachments: # 1 Exhibit A, # 2 Exhibit B and C, # 3 Exhibit D - part 1, # 4 Exhibit D - part 2, # 5 Exhibit D - part 3, # 6 Exhibit E and F)(Gentile, Dominic) (Entered: 09/04/2009)
13 1 Exhibit A
13 2 Exhibit B and C
13 3 Exhibit D - part 1
13 4 Exhibit D - part 2
13 5 Exhibit D - part 3
13 6 Exhibit E and F
2009-09-11 14 0 NOTICE of Filing Letter of Robert L. Brace Regarding McGhan Sentencing by Donald McGhan (Dzarnoski, Mark) (Entered: 09/11/2009)
2009-09-11 15 0 MOTION for Departure Motion for Downward Departure by USA as to Donald McGhan. Motion ripe 9/11/2009. (Schiess, Daniel) (Entered: 09/11/2009)
2009-09-11 16 0 SENTENCING MEMORANDUM by USA as to Donald McGhan. (Schiess, Daniel) (Entered: 09/11/2009) 2009-09-18 19:54:05 8c566af0040c5baf054b017f6c1986fe60bfa118
2009-09-14 18 0 MINUTES OF PROCEEDINGS - Sentencing and Disposition as to Donald McGhan held on 9/14/2009 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Daniel R. Schiess; Def Counsel: Mark Dzarnoski; USPO: Bridger Franzen; Court Reporter/FTR #: Summer Rivera; Time of Hearing: 10:30 a.m.; Courtroom: 7C; Defendant is present on a PR Bond. After hearing arguments of counsel, the Court finds the application of guideline 3B1.3 applies. IT IS ORDERED the Government's Motion for Downward Departure 15 is DENIED. Victims Jack Close, George Schmutz and Moises Davalos address the Court. The Court accepts the binding plea agreement, but will not be bound by the eight year sentence. Sentence is imposed as to count(s) 1 through 4 of the Information. Defendant is advised of right to file an appeal. Government's Exhibit 1 will be filed as an exhibit to the minutes of this proceeding. The Recommendation of the Untied States Regarding Restitution 16 will be attached to the Presentence Report and Judgment. Defendant is allowed to self surrender by 12:00 PM on 11/4/2009 to the facility designated by the Bureau of Prisons. Bond to be automatically exonerated upon written notification by the U.S. Marshal that the defendant has self surrendered as ordered. (Copies have been distributed pursuant to the NEF - DMA) (Entered: 09/15/2009)
2009-09-14 19 0 EXHIBIT 1 to Sentencing Proceedings filed by USA as to Donald McGhan. (ASB) (Entered: 09/15/2009)
2009-09-14 20 0 LETTERS of Support for Donald McGhan. (ASB) (Entered: 09/15/2009)
2009-09-14 21 0 VICTIM IMPACT STATEMENTS as to Donald McGhan. (Attachments: # 1 Part 2 of 4, # 2 Part 3 of 4, # 3 Part 4 of 4)(ASB) (Entered: 09/15/2009) 2009-09-18 19:44:20 613112a7e96d4ef92566fdf8ca98b0ed9a4813d8
21 1 Part 2 of 4
21 2 Part 3 of 4
21 3 Part 4 of 4
2009-09-16 22 0 JUDGMENT as to Donald McGhan (1), Counts 1-4, Sentenced 9/14/09. 12 Months Custody, Concurrent; Defendant shall self-surrender before 2 p.m. on 11/4/2009; 3 Years Supervised Release with Special Conditions; $400.00 Assessment; $97,449,631.39 Restitution; Recommendation of the United States Regarding Restitution Attached. Signed by Judge Philip M. Pro on 9/16/09. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 09/16/2009)