Case details

Court: nywd
Docket #: 1:11-cr-00354
Case Name: USA v. Breen
PACER case #: 86486
Date filed: 2011-11-16
Assigned to: Hon. Richard J. Arcara
Referred to: Hon. H. Kenneth Schroeder, Jr

Parties

Represented Party Attorney & Contact Info
Ryan Thomas Breen
Defendant (1)
Brian F. Shaw
P.O. Box 701 Skaneateles, NY 13152 315-685-8859 Fax: 315-685-0831 Email: brianshawlaw@gmail.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-07-20 1 0 COMPLAINT as to Ryan Thomas Breen (1). (JDK) [1:11-mj-00119-HKS] (Entered: 07/26/2011)
2011-07-21 2 0 Minute Entry for proceedings held before Hon. Leslie G. Foschio:Initial Appearance as to Ryan Thomas Breen held on 7/21/2011. Defendant advised of the charges in the criminal complaint, defendant informed of rights. Defendant will retain counsel. Fonda Kubiak, AFPD present for today's proceeding. Court is advised that Brian Shaw will represent defendant. Government is not moving for detention. Appearance of Counsel set for 8/1/2011 at 02:00 PM before Hon. H. Kenneth Schroeder Jr. Time to 8/1/2011 is excluded for purposes of the STA, Rule 5.1 of the Federal Rules of Criminal Procedure pursuant to 18 USC 3161(h)(7)(A) and (h)(7)(B)(iv). Appearances; Fauzia Mattingly, AUSA, Seth Caleri, Student Intern, Fonda Kubiak, AFPD and Curtis Middlebrooks, USPO (Court Reporter FTR Gold.)(JDK) [1:11-mj-00119-HKS] (Entered: 07/26/2011)
2011-07-25 3 0 ORDER Setting Conditions of Release as to Ryan Thomas Breen (1). Signed by Hon. Leslie G. Foschio on 7/21/2011. (CMD) [1:11-mj-00119-HKS] (Entered: 07/27/2011)
2011-07-21 4 0 ARREST Warrant Returned. Executed on 7/21/2011 in case as to Ryan Thomas Breen. (CMD) [1:11-mj-00119-HKS] (Entered: 07/27/2011)
2011-07-27 5 0 ORDER TO CONTINUE - Ends of Justice as to Ryan Thomas Breen. Time excluded from 7/21/2011 until 8/1/2011. Signed by Hon. Leslie G. Foschio on 7/27/2011. (CMD) [1:11-mj-00119-HKS] (Entered: 07/29/2011)
2011-08-01 6 0 TEXT ORDER as to Ryan Thomas Breen: Attorney Brian F. Shaw has advised the Court that the defendant is in the process of retaining him and has requested an adjournment of the appearance of counsel scheduled to be held on 8/1/2011 at 2:00 PM. The appearance of counsel has been adjourned to 8/17/2011 at 02:00 PM. The time from 8/1/2011 to 8/17/2011 is excluded for purposes of the Speedy Trial Act, Rule 5.1 of the Fed. R. Crim. P. pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). SO ORDERED. Issued by the Hon. H. Kenneth Schroeder, Jr. on 8/1/11.(LMG) [1:11-mj-00119-HKS] (Entered: 08/01/2011)
2011-08-16 7 0 TEXT ORDER as to Ryan Thomas Breen: Attorney Brian Shaw has requested a thirty (30) day adjournment of the Appearance of Counsel currently scheduled to be held on 8/17/2011 at 2:00 PM. The Appearance of Counsel has been adjourned to 9/21/2011 at 11:00 AM before the Hon. H. Kenneth Schroeder Jr. The time from 8/17/2011 to 9/21/2011 is excluded for purposes of the Speedy Trial Act, Rule 5.1 of the Fed. R. Crim. P. pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). SO ORDERED. Issued by the Hon. H. Kenneth Schroeder, Jr. on 8/16/11.(LMG) [1:11-mj-00119-HKS] (Entered: 08/16/2011)
2011-09-22 8 0 TEXT ORDER as to Ryan Thomas Breen: A Status Conference is set for 9/28/2011 at 11:00 AM before the Hon. H. Kenneth Schroeder Jr. SO ORDERED. Issued by theHon. H. Kenneth Schroeder, Jr. on 9/22/11.(LMG) [1:11-mj-00119-HKS] (Entered: 09/22/2011)
2011-09-27 9 0 TEXT ORDER as to Ryan Thomas Breen: 8 Status Conference is set for 9/28/2011 at 11:00 AM is cancelled. Defendant's counsel shall complete the process for admission pro hac vice and obtain local counsel in accordance with Rule 57 of the Local Rules of Criminal Procedure and Rule 83.2 of the Local Rules of Civil Procedure forthwith. SO ORDERED. Issued by Hon. H. Kenneth Schroeder, Jr on 9/27/2011.(KER) [1:11-mj-00119-HKS] (Entered: 09/27/2011)
2011-09-28 10 0 MOTION for Leave to Appear Pro Hac Vice by Attorney Brian F. Shaw. (CMD) [1:11-mj-00119-HKS] (Entered: 09/28/2011)
2011-09-29 11 0 TEXT ORDER granting 10 Motion for Leave to Appear Pro Hac Vice filed by Brian F. Shaw, Esq. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder, Jr. on 9/29/11.(LMG) [1:11-mj-00119-HKS] (Entered: 09/29/2011)
2011-09-28 12 0 ORDER TO CONTINUE - Ends of Justice as to Ryan Thomas Breen. Time excluded from 9/21/2011 until 11/30/2011. Signed by Hon. H. Kenneth Schroeder, Jr on 9/28/2011. (CMD) [1:11-mj-00119-HKS] (Entered: 09/29/2011)
2011-11-16 13 0 INDICTMENT as to Ryan Thomas Breen (1) count(s) 1. (DZ) (Entered: 11/18/2011)
2011-11-16 14 0 TEXT ORDER OF REFERRAL Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows:All pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including all pre-trial matters that a Magistrate Judge may hear and determine pursuant to 28 U.S.C. Section 636(b)(1)(A), and those which a Magistrate Judge may hear and thereafter file a report and recommendation for disposition pursuant to Section 636(b)(1)(B).All procedural aspects of matters properly before the Magistrate Judge under this Order, including scheduling and the filing of briefs or other supporting material, shall be determined by the Magistrate Judge.All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. IT IS SO ORDERED. Signed by Hon. Richard J. Arcara on 11/16/11.(DZ) (Entered: 11/18/2011)
2011-11-21 15 0 AMENDED TEXT ORDER OF REFERRAL: Hon. H. Kenneth Schroeder, Jr, United States Magistrate Judge, is hereby designated to act in this case as follows:All pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including all pre-trial matters that a Magistrate Judge may hear and determine pursuant to 28 U.S.C. Section 636(b)(1)(A), and those which a Magistrate Judge may hear and thereafter file a report and recommendation for disposition pursuant to Section 636(b)(1)(B).All procedural aspects of matters properly before the Magistrate Judge under this Order, including scheduling and the filing of briefs or other supporting material, shall be determined by the Magistrate Judge.All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 11/16/11.(DZ) (Entered: 11/21/2011)
2011-12-02 16 0 SCHEDULING ORDER as to Ryan Thomas Breen: Discovery completed by 1/20/2012; Motions due by 2/24/2012; Responses due by 3/9/2012;, Oral Argument set for 3/19/2012 at 10:00 AM before Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder, Jr. on 12/2/11.(LMG) (Entered: 12/05/2011)
2012-02-28 17 0 FIRST AMENDED SCHEDULING ORDER as to Ryan Thomas Breen: Motions due by 3/30/2012; Responses due by 4/13/2012; Oral Argument set for 4/25/2012 at 02:00 PM before the Hon. H. Kenneth Schroeder Jr. Time excluded from 2/24/12 until 3/30/12 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder, Jr. on 2/28/12.(LMG) (Entered: 02/28/2012)
2012-04-02 18 0 SECOND AMENDED SCHEDULING as to Ryan Thomas Breen: Motions due by 4/30/2012; Responses due by 5/14/2012; Oral Argument set for 5/24/2012 at 02:00 PM before the Hon. H. Kenneth Schroeder Jr. Time excluded from 3/30/12 until 4/30/12 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder, Jr. on 4/2/12.(LMG) (Entered: 04/02/2012)
2012-04-27 19 0 THIRD AMENDED SCHEDULING ORDER as to Ryan Thomas Breen: Motions due by 5/31/2012; Responses due by 6/15/2012; Oral Argument set for 6/28/2012 at 02:00 PM before the Hon. H. Kenneth Schroeder Jr. Time excluded from 4/27/12 until 5/31/12 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder, Jr. on 4/27/12.(LMG) (Entered: 04/27/2012)
2012-05-16 20 0 SUPERSEDING INDICTMENT as to Ryan Thomas Breen (1) count(s) 1s-2s, 3s. (DLC) (Entered: 05/24/2012)
2012-05-24 21 0 SCHEDULING ORDER as to Ryan Thomas Breen: Discovery completed by 6/15/2012; Motions due by 8/3/2012; Responses due by 8/17/2012; Oral Argument set for 8/28/2012 at 11:00 AM before the Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder, Jr. on 5/23/12.(LMG) (Entered: 05/24/2012)
2012-05-23 22 0 ORDER Setting Conditions of Release as to Ryan Thomas Breen (1). Signed by Hon. H. Kenneth Schroeder, Jr. on 5/23/12.(LMG) (Entered: 05/25/2012)
2012-06-12 23 0 ARREST Warrant Returned Executed on 5/23/12 in case as to Ryan Thomas Breen. (DZ) (Entered: 06/12/2012)
2012-08-02 24 0 AMENDED SCHEDULING ORDER as to Ryan Thomas Breen: Motions due by 8/31/2012; Responses due by 9/14/2012; Oral Argument set for 9/26/2012 at 10:00 AM before the Hon. H. Kenneth Schroeder Jr. Time excluded from 8/2/12 until 8/31/12 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder, Jr. on 8/2/12.(LMG) (Entered: 08/02/2012)
2012-08-30 25 0 AMENDED SCHEDULING ORDER as to Ryan Thomas Breen: Motions due by 10/1/2012; Responses due by 10/19/2012; Oral Argument set for 10/24/2012 at 02:00 PM before the Hon. H. Kenneth Schroeder Jr. Time excluded from 8/30/12 until 10/1/12 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder, Jr. on 8/30/12.(LMG) (Entered: 08/30/2012)
2012-10-01 26 0 TEXT ORDER as to Ryan Thomas Breen: Defendant's counsel's request for an extension of time to file pretrial motions is hereby DENIED. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder, Jr. on 10/1/12.(LMG) (Entered: 10/02/2012)
2012-10-02 27 0 MOTION To Set A Trial Date by USA as to Ryan Thomas Breen. (Mattingly, Fauzia) (Entered: 10/02/2012)
2012-10-10 28 0 TEXT ORDER as to defendant, Ryan Thomas Breen. The government filed 27 Motion to Set a Trial Date. Accordingly, a Meeting to Set a Trial Date is scheduled for 10/12/2012 at 12:30 PM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on October 10, 2012.(DJD) (Entered: 10/10/2012)
2012-10-16 29 0 ORDER TO CONTINUE - Ends of Justice as to Ryan Thomas Breen ; Time excluded from 10/12/12 until 12/12/12. Signed by Hon. Richard J. Arcara on 10/16/12.(DZ) (Entered: 10/17/2012)
2012-12-12 30 0 Minute Entry for proceedings held 12/12/2012 before Hon. Richard J. Arcara as to Deft, Ryan Thomas Breen. Status Conference as to Plea is held. The parties are continuing their efforts to resolve the restitution issues and request and additional 30 days to do so. The Court grants the request. Plea is now scheduled for 1/14/2013 at 9:00 AM. Time is excluded; Govt to submit Speedy Trial Order. Appearances: Govt - Fauzia Mattingly; Deft - Brian Shaw (Court Reporter Yvonne Garrison)(JDK) (Entered: 12/12/2012)
2013-01-14 31 0 ORDER TO CONTINUE - Ends of Justice as to Ryan Thomas Breen ; Time excluded from 12/12/12 until 1/14/13. Signed by Hon. Richard J. Arcara on 1/11/13.(DZ) (Entered: 01/14/2013)
2013-01-23 32 0 ORDER TO CONTINUE - Ends of Justice as to Ryan Thomas Breen ; Time excluded from 1/14/13 until 3/15/13. Signed by Hon. Richard J. Arcara on 1/22/13.(DZ) (Entered: 01/23/2013)
2013-03-11 33 0 MOTION to Adjourn PLEA HEARING by USA as to Ryan Thomas Breen. (Mattingly, Fauzia) (Entered: 03/11/2013)
2013-03-13 34 0 TEXT ORDER as to defendant, Ryan Thomas Breen. The government filed 33 Motion to adjourn the 3/15/2013 change of plea proceeding. The motion is granted. The change of plea proceeding is adjourned to 4/25/2013 at 9:00 AM before Hon. Richard J. Arcara. With the consent of the parties, the Court specifically finds that interests of justice served by a continuance previously ordered until a change of plea is entered on 4/25/2013, namely, the potential certainty and efficiency of a disposition by voluntary guilty plea, allowing the defendant potentially to obtain a more favorable sentence by accepting responsibility, and preserving continuity of defense counsel, are interests of justice that together outweigh the best interests of the defendant and the public in a speedy trial. The time from and including 3/15/2013 through and including 4/25/2013 is therefore excluded for Speedy Trial Act purposes pursuant to Title 18, United States Code, Section 3161(h)(7)(A) and 3161(h)(7)(B)(iv). SO ORDERED. Issued by Hon. Richard J. Arcara on March 13, 2013.(DJD) (Entered: 03/13/2013)
2013-05-08 35 0 ORDER TO CONTINUE - Ends of Justice as to Ryan Thomas Breen ; Time excluded from 4/25/13 until 6/12/13. Signed by Hon. Richard J. Arcara on 5/8/13.(DZ) (Entered: 05/08/2013)
2013-06-13 36 0 PRELIMINARY ORDER OF FORFEITURE as to Ryan Thomas Breen. Signed by Hon. Richard J. Arcara on 6/12/13.(DZ) (Entered: 06/13/2013)
2013-06-12 37 0 PLEA AGREEMENT as to Ryan Thomas Breen (DZ) (Entered: 06/17/2013)
2013-06-12 38 0 TEXT ORDER as to defendant, Ryan Thomas Breen (1). The following schedule is established for the submission of sentencing papers: initial Presentence Investigation Report due by 8/13/2013; Statement with Respect to Sentencing Factors, objections and/or motions, including 5K1.1 motion, government notice not to file 5K1.1 motion, or government motion for an extension of time to file 5K1.1 motion, if applicable, due by 9/6/2013; notice by the defendant of government failure to file 5K1.1 motion, if applicable, due by 9/11/2013; responses to objections and/or motions due by 9/13/2013; motions to adjourn sentencing due by 9/17/2013; final Presentence Investigation Report due by 9/20/2013; character letters and/or sentencing memorandum in support of the defendant due by 9/20/2013. SO ORDERED. Issued by Hon. Richard J. Arcara on June 12, 2013.(DJD) (Entered: 07/02/2013)
2013-07-15 39 0 DECLARATION by USA as to Ryan Thomas Breen Declaration of Publication (Kane, Mary) (Entered: 07/15/2013)