| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 1997-10-01 |
1 |
0 |
Sealed Document |
SEALED DOCUMENT as to LNU-97CR01042-01, LNU-97CR01042-02, LNU-97CR01042-03, LNU-97CR01042-04; LOG #3008 re: Sealed Indictment & Arrest Warrant. (A.U.S.A. B. Guss)(signed by Lisa M. Smith, USMJ) (kz) (Entered: 10/10/1997) |
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| 1997-10-06 |
2 |
0 |
Order |
ORDER as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko (....it is hereby ordered that the indictment in the above-docketed matter is hereby unsealed. So ordered.)( Signed by Magistrate Judge Mark D. Fox ); Copies mailed. (kz) (Entered: 10/10/1997) |
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| 1997-10-06 |
3 |
0 |
Indictment (Sealed) |
SEALED INDICTMENT as to Robert Breining (1) count(s) 1, 2, 3-14, 15-30, Stanley Schutzman (2) count(s) 1, 2, 3-14, 15-30, Randall David Simoniette (3) count(s) 1, 2, 3-14, 15-30, 31-35, John Motzko (4) count(s) 1, 2, 3-14, 15-30 (kz) (Entered: 10/10/1997) |
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| 1997-10-20 |
13 |
0 |
Financial Affidavit - CJA23 |
CJA 23 FINANCIAL AFFIDAVIT by Robert Breining (ds) (Entered: 10/23/1997) |
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| 1997-10-24 |
14 |
0 |
Rule 40 Documents Received |
Rule 40 Documents as to Robert Breining received from Northern Dist. of Georgia (ec) (Entered: 10/24/1997) |
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| 1997-10-20 |
15 |
0 |
Notice of Attorney Appearance - Defendant |
NOTICE of Appearance for Robert Breining by Attorney Loren I. Glassman (kz) (Entered: 10/28/1997) |
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| 1997-12-23 |
16 |
0 |
Memo Endorsement |
Filed Memo-Endorsement on Letter dtd 12/16/97 from William I. Aronwald, Esq. to Judge Brieant as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko re: proposed revised schedule of case scheduling order (Scheduling and related matter will be discussed at the March 12, 1998 conference. So ordered.)( Signed by Judge Barrington D. Parker Jr. ); Copies mailed. (kz) (Entered: 12/24/1997) |
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| 1998-01-29 |
17 |
0 |
Motion for Miscellaneous Relief |
NOTICE OF EX-PARTE MOTION by Robert Breining for an Order authorizing defendant's counsel to obtain the services of an accountant,...for the purposes of assisting in the preparation of the defense in this case , No Return date. (kz) (Entered: 01/29/1998) |
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| 1998-02-23 |
19 |
0 |
Memo Endorsement |
Filed Memo-Endorsement on AMENDED NOTICE OF EX-PARTE MOTION as to Robert Breining, for an Order authorizing the Deft.'s counsel to obtain the services of an accountant... for the purposes of assisting in the preparation of the defense in this case Application: GRANTED. SO ORDERED( Signed by Judge Barrington D. Parker Jr. ); Copies mailed. (fb) (Entered: 02/25/1998) |
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| 1998-03-11 |
22 |
0 |
Indictment |
FIRST SUPERSEDING INDICTMENT as to Robert Breining (1) count(s) 1s, 2s, 3s-13s, 14s-29s, Stanley Schutzman (2) count(s) 1s, 2s, 3s-13s, 14s-29s, Randall David Simoniette (3) count(s) 1s, 2s, 3s-13s, 14s-29s, 30s-34s, John Motzko (4) count(s) 1s, 2s, 3s-13s, 14s-29s (fb) (Entered: 03/16/1998) |
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| 1998-04-07 |
24 |
0 |
Memorandum in Opposition to Motion |
GOVERNMENT'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S PRETRIAL MOTIONS by USA as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko (fb) (Entered: 04/07/1998) |
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| 1998-05-06 |
25 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko for dates of 3/12/98. (fb) (Entered: 05/06/1998) |
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| 1998-05-07 |
26 |
0 |
Sealed Document |
SEALED DOCUMENT - log#4138. (AUSA Barbara Guss). Transcript of 4/22/98. (ec) (Entered: 05/07/1998) |
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| 1998-07-15 |
29 |
0 |
Motion to Suppress |
NOTICE OF MOTION by Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko for an order to suppress the testimony of former co-defendant Stanley Schutzman and any other prospective government witness obtained in violation of 18 USC 201 and for such other and further relief as the Court deems just and proper. Return date 7/23/98 at 4:45pm. (fb) (Entered: 07/15/1998) |
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| 1998-07-21 |
31 |
0 |
Memorandum in Opposition to Motion |
GOVERNMENT'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO SUPRESS COOPERATOR TESTIMONY by U.S.A. as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko in opposition to [29-1] motion for an order to suppress the testimony of former co-defendant Stanley Schutzman and any other prospective government witness obtained in violation of 18 USC 201 and for such other and further relief as the Court deems just and proper. (fb) (Entered: 07/21/1998) |
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| 1998-08-07 |
32 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, Randall David Simoniette, John Motzko for dates of 5/15/98. (fb) (Entered: 08/07/1998) |
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| 1998-09-04 |
33 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, Randall David Simoniette, John Motzko for dates of 7/23/98. (fb) (Entered: 09/04/1998) |
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| 1998-10-01 |
35 |
0 |
Proposed Examination of Jurors |
Proposed Examination of Jurors by U.S.A. as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko (rag) (Entered: 10/08/1998) |
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| 1998-10-20 |
36 |
0 |
Sealed Document |
SEALED DOCUMENT as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko (kb) (Entered: 10/20/1998) |
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| 1998-10-19 |
37 |
0 |
Order |
ORDER as to Robert Breining, The Court has reviewed unredacted copies of the 3500 material relating to Stanley Schutzman that has been provided to defense counsel in redacted form. The court agrees that the redactions are appropiate except defense counsel should be provided with the transcript of Schutzman's plea from page 18 to the end thereof. ( Signed by Judge John S. Martin ); Copies mailed. (mb) (Entered: 10/23/1998) |
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| 1998-10-30 |
38 |
0 |
Request to Charge |
Request to Charge by U.S.A. (mb) (Entered: 11/13/1998) |
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| 1998-12-21 |
40 |
0 |
Motion for Miscellaneous Relief |
MOTION by Robert Breining granting the defendant a judgment of acquittal. (mr) (Entered: 12/28/1998) |
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| 1999-01-20 |
41 |
0 |
Order |
MEMORANDUM ORDER as to Robert Breining, John Motzko denying [40-1] motion granting the defendant a judgment of acquittal. as Robert Breining (1), denying [39-1] motion for an order, pursuant to Rule 29(c) Federal Rules of Criminal Procedure, granting said dft. a Judgment of Acquittal, and for such other further relief as the court deems just and proper. as to John Motzko (4) ( Signed by Judge John S. Martin ); Copies mailed. (mr) (Entered: 01/26/1999) |
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| 1999-01-20 |
42 |
0 |
Order |
ORDER as to Robert Breining, Counsel may be reimbursed for out-of-pocket expenses reasonably incured incident to the representation. Counsel should incur no single expenses item in excess of $150 without prior approval of the Court. Such approval may be sought by filing an ex-parte application with the Clerk stating the nature of the expense is necessary to the representation. An application seeking such approval may be filed in camera if necessary. Recurring expenses, such as telephone toll calls, photocopying and photocopying and photograph which aggregate more than $150.00 on one or more interim vouchers are not considered single expenses requiring court approval. ( Signed by Judge John S. Martin ); Copies mailed. (mr) (Entered: 01/26/1999) |
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| 1999-02-19 |
44 |
0 |
Sealed Document |
SEALED DOCUMENT as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko (da) (Entered: 02/19/1999) |
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| 1999-04-21 |
46 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, John Motzko for dates of 11/3/99. (fb) (Entered: 04/21/1999) |
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| 1999-04-21 |
47 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, John Motzko . Date: 11/2/98. (fb) (Entered: 04/21/1999) |
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| 1999-06-16 |
48 |
0 |
Notice of Appeal - Final Judgment |
NOTICE OF APPEAL by Robert Breining Filing Fee $ 105.00 Receipt # 347466 from judgment of 6/11/99. Copies sent to US Atty.,courtreporters, judge, USCA. m (as) (Entered: 06/21/1999) |
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| 1999-08-02 |
52 |
0 |
Appeal Record Sent to USCA - Index |
File notice that the record on appeal as to Robert Breining has been certified and transmitted to USCA on 8/2/99 [48-1] appeal (as) (Entered: 08/02/1999) |
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| 1999-06-24 |
55 |
0 |
Judgment |
FILED JUDGMENT in a CRIMINAL CASE. Defendant presentwith attorney Loren Galssman. The defendant Robert Breining (1) was found guilty to count(s) 1s, 2s , 3s -10s , 12s -13s , 14s -25s , 27s -29s after a plea of not guilty. The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is ordered that the defendant shall notify the United States Attorney for this district iwthin 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be impisoned for a total term of 57 months. The period of incarceration is stayed for a period of up to 1 year. The Court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant serve his sentence in a minimum security institution as close to his home as possible. Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years. Restitution will be paid in the amount of $100,000 at a rate of 10% of any income over $20,000 and 50% on any income over $50,000 per year. This is on an annulaozed basis each month. The defendant will pay a special assessment on the amount of $1400. Robert Breining (1) count(s) 1, 2 , 3 -14 , 11s , 15 -30 , 26s . All open counts are dismissed on the motion of the United States. Statement of reasons attached. Judgment and Commitment issued to U.S. Marshal ( Signed by Judge John S. Martin ). Docketed as a judgment #99,2092 on 9/9/99. (mr) Modified on 09/10/1999 (Entered: 09/08/1999) |
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| 1999-09-07 |
56 |
0 |
Sealed Document |
SEALED DOCUMENT as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko (da) (Entered: 09/15/1999) |
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| 1999-01-11 |
57 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by U.S.A. as to Robert Breining, John Motzko in opposition to [40-1] motion granting the defendant a judgment of acquittal., [39-1] motion for an order, pursuant to Rule 29(c) Federal Rules of Criminal Procedure, granting said dft. a Judgment of Acquittal, and for such other further relief as the court deems just and proper. (rag) (Entered: 10/22/1999) |
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| 1999-10-26 |
58 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, Randall David Simoniette, John Motzko for dates of June 11, 1999. (ds) (Entered: 10/26/1999) |
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| 1999-10-27 |
59 |
0 |
Letter |
LETTER filed by U.S.A. as to Robert Breining From AUSA Barbara Guss, Dated 6/8/99, Addressed to: Judge Martin Re: sentencing (sl) (Entered: 10/28/1999) |
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| 2000-03-22 |
64 |
0 |
Sealed Document |
SEALED DOCUMENT as to Robert Breining, Stanley Schutzman, Randall David Simoniette, John Motzko (da) (Entered: 03/22/2000) |
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| 2000-05-31 |
66 |
0 |
Order |
ORDER as to Robert Breining, John Motzko, The time to surrender of defendant Robert Breining and defendant John Motzko is extended until 7/7/00. ( Signed by Judge John S. Martin ); Copies mailed. (mr) (Entered: 06/01/2000) |
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| 2000-06-22 |
67 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, Randall David Simoniette, John Motzko for dates of October 26, 1998. (ec) (Entered: 06/22/2000) |
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| 2000-06-22 |
68 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, Randall David Simoniette, John Motzko for dates of October 28, 1998. (ec) (Entered: 06/22/2000) |
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| 2000-06-22 |
69 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, Randall David Simoniette, John Motzko for dates of October 29, 1998. (ec) (Entered: 06/22/2000) |
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| 2000-06-22 |
70 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, Randall David Simoniette, John Motzko for dates of October 27, 1998. (ec) (Entered: 06/22/2000) |
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| 2000-06-27 |
71 |
0 |
Appeal Record Sent to USCA - Index |
File notice that the 1st Supplemental record on appeal as to Robert Breining has been certified and transmitted to USCA on 6/27/00 [48-1] appeal. (dt) (Entered: 06/27/2000) |
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| 2000-06-28 |
72 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, Randall David Simoniette, John Motzko for dates of 11/4/98. (kz) (Entered: 06/28/2000) |
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| 2000-06-28 |
73 |
0 |
Transcript |
TRANSCRIPT of record of proceedings as to Robert Breining, John Motzko for dates of 11/5/98. (kz) (Entered: 06/28/2000) |
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| 2000-06-29 |
74 |
0 |
Appeal Record Sent to USCA - Index |
File notice that the record on appeal as to Robert Breining has been certified and transmitted to USCA on 6/29/00 [48-1] appeal (sl) (Entered: 06/29/2000) |
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| 2000-08-08 |
75 |
0 |
USCA Mandate - Final Judgment Appeal |
MANDATE OF USCA (certified copy) as to Robert Breining, John Motzko Re: [49-1] appeal, [48-1] appeal; Upon due consideration, it is hereby Ordered, Adjudged and Decreed that the decision of said district court be and it hereby is AFFIRMED. [Issued As Mandate: 8/1/00] (bw) (Entered: 08/09/2000) |
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| 2001-07-17 |
76 |
0 |
Motion for Miscellaneous Relief |
MOTION by Robert Breining Motion for Post Conviction Collateral Relief. Violation of 5th and 6th Amendment rights. (jb) Modified on 07/18/2001 (Entered: 07/18/2001) |
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| 2001-08-02 |
78 |
0 |
Order |
ORDER as to Robert Breining, set scheduling order deadlines: Reply to response to motion deadline by 10/31/01 Robert Breining; Response to motion deadline on or before 9/30/01 for U.S.A. SO ORDERED. (Signed by Judge John S. Martin); Copies mailed. (ja) (Entered: 08/02/2001) |
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| 2001-10-02 |
80 |
0 |
Memo Endorsement |
Filed Memo-Endorsement on letter dated 09/28/01 from AUSA Barbara Guss to Judge Martin as to Robert Breining, John Motzko, requesting permission to file a consolidated response to both Deft's motion's on 10/15/01 ...So Ordered. ( Signed by Judge John S. Martin ); Copies mailed. (ac) (Entered: 10/02/2001) |
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| 2001-10-16 |
81 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by U.S.A. as to Robert Breining, John Motzko in opposition to [0-1] motion to vacate under 28 U.S.C. 2255 (jb) (Entered: 10/18/2001) |
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| 2001-10-18 |
82 |
0 |
Order |
ORDER as to Robert Breining, Defendant may submit any reply papers in connection with his motion pursuant to 28 U.S.C. 2255 on or before November 15, 2001. (Signed by Judge John S. Martin); Copies mailed. (jb) (Entered: 10/18/2001) |
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| 2001-11-19 |
84 |
0 |
Reply to Response to Motion |
REPLY by Robert Breining to government's response to defendant's 2255 motion. (ph) (Entered: 12/03/2001) |
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| 2001-11-28 |
85 |
0 |
Affidavit |
AFFIDAVIT by Robert Breining as to Robert Breining (ph) (Entered: 12/04/2001) |
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| 2002-04-09 |
87 |
0 |
Memorandum & Opinion |
OPINION AND ORDER # 86812 as to Robert Breining, John Motzko, Each petitioner is, therefore, directed to submit an affidavit as set forth above no later than May 3, 2002. If no such affidavit is submitted, the petition will be dismissed. If an affidavit is submitted, the Government within two weeks of its receipt shall file an affidavit from defense counsel setting forth his recollection of his conversations with his client concerning possible testimony by the client. (Signed by Judge John S. Martin); Copies mailed. (jb) (Entered: 04/09/2002) |
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| 2002-05-16 |
91 |
0 |
Remark |
OBJECTION TO ORDER BY RECUSED JUDGE by Robert Breining. Please take notice, Robert Breining, pro se defendant in these 2255 proceedings filed an affidavit pursuant Title 28 U.S.C. 144 on the 22nd day of November, 2001, to which the Clerk of Court and President Judge of the District Court appear to not have taken proper notice to the filing of the recusal affidavit which should have prevented the Honorable John S. Martin from presiding over any further proceedings in the above captioned matter. The Order and Opinion dated 4/8/02, should be stricken from the record with this matter transferred and assigned to another Judge within the Southern District of New York. (ph) (Entered: 05/17/2002) |
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