Case details

Court: ohsd
Docket #: 1:02-cr-00100
Case Name: USA v. Duncan, et al
PACER case #: 3460
Date filed: 2002-08-07
Date of last filing: 2008-08-11

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2002-08-07 1 0 Indictment INDICTMENT by USA Amul R Thapar. Counts filed against John Duncan (1) count(s) 1, 2, 3, 4, 5, 6-7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26-27, 28-29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41-42, Michelle Lee Mangotti (2) count(s) 1, 2, 3, 4, 5, 6-7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26-27, 28-29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41-42 (ba)
2002-08-08 2 0 Warrant Returned Executed Arrest Warrant returned executed as to Michelle Lee Mangotti 8/7/02 (ba)
2002-08-08 3 0 Minutes - Miscellaneous MINUTES: Case called for an initial appearance on an Indictment as to Dft Mangotti before Mag. Judge Timothy S. Hogan; counsel present; financial affidavit presented to the Court; counsel appointed; dft informed of her rights and provided a copy of charging document; dft released on OR ($5,000.00) bond with conditions of release; case to proceed for arraignment (ba)
2002-08-08 4 0 Order ORDER by Mag. Judge Timothy S. Hogan for appointment of counsel as to Michelle Lee Mangotti ;Federal Public Defender appointed (cc: all counsel) (ba)
2002-08-08 5 0 Bond BOND ( OR ($5,000.00)) by Michelle Lee Mangotti with conditions of release (ba)
2002-08-08 6 0 Warrant Returned Executed ARREST Warrant returned executed as to Michelle Lee Mangotti 8/8/02 (km)
2002-08-09 7 0 Appearance Through Counsel APPEARANCE of Attorney for Michelle Lee Mangotti by Richard W Smith-Monahan (km)
2002-08-14 8 0 Motion to Vacate (2255) PETITION for Writ of Habeus Corpus Ad Prosequendum as to John Duncan (ba)
2002-08-15 9 0 Minutes - Miscellaneous MINUTES: Case called for an arraignment on an Indictment before Mag. Judge Timothy S. Hogan as to Michelle Lee Mangotti ; counsel present; first appearance of Michelle Lee Mangotti; dft Michelle Lee Mangotti arraigned; NOT GUILTY plea entered; case to proceed before Judge Dlott; Betty Schwab, Official Court Reporter (ba)
2002-08-29 10 0 Minutes - Miscellaneous MINUTES: Case called for an initial appearance on an Indictment before Mag. Judge Timothy S. Hogan; counsel present for purposes of initial appearance; financial affidavit presented to the Court; CJA counsel to be appointed; dft informed of his rights and provided a copy of charging document; dft to be detained pending resolution of this matter before J Dlott; case to proceed for arraignment; arraignment set 9/12/02 at 9:30 am before MJ Hogan, Courtroom 701, as to John Duncan ; Betty Schwab, Official Court Reporter (ba)
2002-08-29 11 0 Order of Detention ORDER of Detention of John Duncan pending trial by Mag. Judge Timothy S. Hogan (ba)
2002-08-29 12 0 Notice of Hearing NOTICE arraignment set 9/12/02 at 9:30 am before MJ Hoganc, Courtroom 701, as to John Duncan (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (ba)
2002-08-30 13 0 Order ORDER by Mag. Judge Timothy S. Hogan for appointment of counsel as to John Duncan ; Michael Wiethe, Esq., appointed (cc: all counsel) (ba)
2002-09-12 14 0 Minutes - Miscellaneous MINUTES: Case called for an arraignment on an Indictment before Mag. Judge Timothy S. Hogan; counsel present; arraignment held as to John Duncan , first appearance of John Duncan; John Duncan arraigned; NOT GUILTY plea entered; case to proceed before J. Dlott; Julie Wolfer, Official Court Reporter (ba)
2002-09-13 15 0 Order ORDER by Judge Susan J. Dlott jury trial set for 9:30 11/4/02 Ctrm 836 before J Dlott; final conf prior to trial set for 5:00 10/22/02 Rm 829 before J Dlott as to John Duncan and Michelle Lee Mangotti (cc: all counsel) (km)
2002-09-30 16 0 Motion to Withdraw as Attorney MOTION to withdraw attorney Michael J Wiethe as trial counsel for defendant by John Duncan (km)
2002-10-08 17 0 Motion to Withdraw as Attorney MOTION to withdraw attorney Michael J Wiethe as counsel for defendant by John Duncan (km)
2002-10-18 18 0 Notice of Hearing NOTICE final conf prior to trial set for 5:00 10/22/02 and jury trial set for 9:30 11/4/02 are hereby VACATED as to John Duncan (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (km)
2002-10-29 19 0 Order ORDER by Judge Susan J. Dlott granting motions to withdraw attorney Michael J Wiethe as trial counsel for defendant [16-1] [17-1]; terminating attorney Michael John Wiethe for John Duncan; appointing attorney William Richard Gallagher to represent defendant as to John Duncan (cc: all counsel) (km)
2002-10-29 20 0 Order ORDER by Judge Susan J. Dlott jury trial set for 9:30 2/3/03 Ctrm 836 before J Dlott; final conf prior to trial set for 5:00 1/22/03 Rm 829 before J Dlott as to John Duncan and Michelle Lee Mangotti (cc: all counsel) (km)
2002-11-25 21 0 Motion to Suppress MOTION to suppress evidence by John Duncan (km)
2002-11-25 22 0 Motion to Amend/Correct MOTION to amend indictment to change the name of the defendant to Giovanni Mangotti by John Duncan (km)
2002-12-02 23 0 Notice of Hearing NOTICE setting hearing on motion to suppress evidence [21-1] at 9:30 12/20/02 Ctrm 836 before J Dlott (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (km)
2002-12-02 24 0 Response to Motion RESPONSE by USA to motion to amend indictment to change the name of the defendant to Giovanni Mangotti [22-1] (km)
2002-12-02 25 0 Response to Motion RESPONSE by USA to motion to suppress evidence [21-1] (km)
2002-12-13 26 0 Motion for Miscellaneous Relief MOTION for appointment of expert witness and private investigator by John Duncan (ss)
2002-12-26 27 0 Order ORDER by Judge Susan J. Dlott setting motion to suppress evidence [21-1] at 9:30 1/16/03 (cc: all counsel) (ss)
2003-01-08 28 0 Motion to Withdraw as Attorney MOTION to withdraw attorney William R Gallagher Esq as counsel for defendant by John Duncan (km)
2003-01-10 29 0 Motion for Miscellaneous Relief MOTION for order recusing current counsel for appointment of counsel by Michelle Lee Mangotti (vp)
2003-01-13 30 0 Letter LETTER to court from defendant John Duncan ( no pgs: 5) (vp)
2003-02-03 31 0 Order ORDER by Judge Susan J. Dlott granting motion to withdraw attorney William R Gallagher Esq as counsel for defendant [28-1] attorney William Richard Gallagher for John Duncan A. Norman Aubin appointed as new counsel. (cc: all counsel) (ss)
2003-02-03 32 0 Order ORDER by Judge Susan J. Dlott withdrawing motion for order recusing current counsel [29-1], withdrawing motion for appointment of counsel [29-2] (cc: all counsel) (ss)
2003-02-03 33 0 Notice of Hearing NOTICE scheduling conference set for 2/24/03 at 5:00 as to John Duncan, Michelle Lee Mangotti (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (ss)
2003-02-21 34 0 Notice of Hearing NOTICE scheduling conf set for 2/27/03 at 5:00 as to John Duncan, Michelle Lee Mangotti before J Dlott (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (vp)
2003-03-27 35 0 Minutes - Miscellaneous MINUTES: Suppression hearing held before Judge Dlott on March 26, 2003. Court ruled from the bench that the motion will be denied. Order to follow (ss)
2003-04-28 36 0 Order ORDER by Judge Susan J. Dlott denying motion to suppress evidence [21-1] (cc: all counsel) (vp)
2003-05-01 37 0 Notice of Hearing NOTICE status conference set for 5/9/03 at 9:30 as to Michelle Lee Mangotti before J Dlott in Room 829 (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (vp)
2003-05-01 38 0 Notice of Hearing NOTICE status conference set for 5/9/03 at 9:30 as to John Duncan before J Dlott in Room 829 (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (vp)
2003-05-08 39 0 Motion for Miscellaneous Relief MOTION for order for competency testing by John Duncan (vp)
2003-05-13 40 0 Notice of Hearing NOTICE status conference is hereby VACATED as to John Duncan, Michelle Lee Mangotti (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (wam)
2003-06-17 41 0 Notice of Hearing NOTICE setting motion for order for competency testing [39-1] at 11:00 6/26/03 (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (ss)
2003-06-23 42 0 Notice of Hearing NOTICE that hearing on motion for order for competency testing scheduled for 6/26/03 has been vacated (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (vp)
2003-06-23 43 0 Motion for Miscellaneous Relief MOTION for order to recuse counsel and appoint new counsel by Michelle Lee Mangotti (vp)
2003-06-24 44 0 Order ORDER by Judge Susan J. Dlott granting motion for order for competency testing [39-1]; clerk is ordered to deliver a certified copy of order to USM and local representative of BOP; report to be mailed to Judge Susan Dlott (cc: all counsel) (vp)
2003-09-08 45 0 Order REQUEST by Warden for FCI Butner and ORDER as to John Duncan (re [44] Order) extending until 9/19/03 to submit evaluation report. Signed by Judge Susan J. Dlott on 09/05/03. (ss, )
2003-10-15 46 0 Add Counts Counts added: John Duncan (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s, 12s, 13s, 14s, 15s, 16s, 17s, 18s, 19s, 20s, 21s, 22s, 23s-24s, 25s-26s, 27s, 28s, 29s, 30s, 31s, 32s, 33s, 34s, 35s, 36s, 37s, 38s-39s, 40s, 41s-75s, Michelle Lee Mangotti (2) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s, 12s, 13s, 14s, 15s, 16s, 17s, 18s, 19s, 20s, 21s, 22s, 23s-24s, 25s-26s, 27s, 28s, 29s, 30s, 31s, 32s, 33s, 34s-35s, 36s, 37s, 38s-39s, 40s, 41s-60s (Lahley, Jan) Additional attachment(s) added on 10/16/2003 (Lahley, Jan).
2003-10-22 47 0 Arraignment Minute Entryfor proceedings held before Judge Timothy S Hogan:Arraignment on Superceding Indictment as to Michelle Lee Mangotti (2) Count 1, 1s, 2, 2s, 3s, 3, 4, 4s, 5s, 5, 6-7, 6s, 7s, 8, 8s, 9s, 9, 10s, 10, 11s, 11, 12s, 12, 13, 13s, 14s, 14, 15, 15s, 16, 16s, 17, 17s, 18s, 18, 19s, 19, 20s, 20, 21s, 21, 22s, 22, 23, 23s-24s, 24, 25, 25s-26s, 26-27, 27s, 28s, 28-29, 29s, 30s, 30, 31, 31s, 32, 32s, 33s, 33, 34, 34s-35s, 35, 36s, 36, 37s, 37, 38, 38s-39s, 39, 40, 40s, 41-42, 41s-60s held on 10/22/2003; bond previously set continued, Plea entered by Michelle Lee Mangotti: Not Guilty on counts all. Continued to docket of Judge Dlott. (Court Reporter Julie Wolfer.) (Lahley, Jan) Modified on 5/27/2004 (admin1, ).
2003-11-03 48 0 Motion to Withdraw as Attorney MOTION to Withdraw as Attorney by A. Norman Aubin. by John Duncan. (Aubin, Arthur)
2003-11-10 49 0 Notice of Hearing on Motion NOTICE OF HEARING ON MOTION as to John Duncan Motion Hearing set for 11/25/2003 11:30 AM in Courtroom 3 before Susan J. Dlott. (ss, )
2003-11-25 50 0 Motion Hearing Minute Entry for proceedings held before Judge Susan J. Dlott :Motion Hearing as to John Duncan held on 11/25/2003 re [48] MOTION to Withdraw as Attorney by A. Norman Aubin. Statement of counsel and defendant. Court's options presented to defendant and he is to decide by 11/28/03. (Court Reporter Betty Schwab (Official).) (ss, )
2003-11-25 51 0 Motion Hearing Minute Entry for proceedings held before Judge Susan J. Dlott :Motion Hearing as to Michelle Lee Mangotti held on 11/25/2003 re [43] Motion to withdraw counsel filed by Michelle Lee Mangotti. Statement presented by counsel and defendant. Motion is being withdrawn. Order to follow. (Court Reporter Betty Schwab (Official).) (ss, )
2003-12-04 52 0 Motion for Hearing MOTION for Hearing by John Duncan. (wam, )
2003-12-24 53 0 Transcript TRANSCRIPT of Proceedings on motion to suppress held on 3/26/03 before Judge Susan J. Dlott. Court Reporter: Betty Schwab (official). (wam, )
2004-01-08 54 0 Notice of Hearing NOTICE OF HEARING: Arraignment as to John Duncan set for 1/27/2004 11:00 AM in Courtroom 3 before Susan J. Dlott. Competency Hearing as to John Duncan set for 1/27/2004 11:00 AM in Courtroom 3 before Susan J. Dlott. Final Pretrial Conference as to John Duncan and Michelle Lee Mangotti set for 1/27/2004 11:00 AM in Courtroom 3 before Susan J. Dlott. (ss, )
2004-01-08 55 0 Motion to Appoint Counsel MOTION to Appoint Counsel by John Duncan. (Attachments: # (1) Exhibit letter)(wam, )
2004-01-26 56 0 CJA 20 - Appointment CJA 20 as to John Duncan : Appointment of Attorney Kevin John Spiering for John Duncan. . Signed by Judge Susan J. Dlott on 1/26/04(nunc pro tunc 1/7/04). (wam, )
2004-02-03 57 0 Order on Motion to Amend/Correct ORDER denying [22] Motion to Amend/Correct as to John Duncan (1); granting [48] Motion to Withdraw as Attorney. Arthur Norman Aubin withdrawn from case as to John Duncan (1); denying [52] Motion for Hearing as to John Duncan (1); finding as moot [55] Motion to Appoint Counsel as to John Duncan (1); finding as moot [43] Motion as to Michelle Lee Mangotti (2). Signed by Judge Susan J. Dlott on 2/3/04. (ss, )
2004-03-08 58 0 Motion to Continue First MOTION to Continue Pretrial Motion Cut Off Date by John Duncan. (Spiering, Kevin)
2004-03-09 59 0 Motion for Extension of Time to File MOTION for Extension of Time to File Pretrial Motions by Michelle Lee Mangotti. (Smith-Monahan, Richard)
2004-03-10 60 0 Order on Motion to Continue ORDER granting [58] Motion to Continue pretrial motion cutoff date to April 9, 2004 as to John Duncan (1). Signed by Judge Susan J. Dlott on 3/10/04. (ss, )
2004-03-10 61 0 Order on Motion for Extension of Time to File ORDER granting [59] Motion for Extension of Time to File pretrial motions to April 9, 2004 as to Michelle Lee Mangotti (2). Signed by Judge Susan J. Dlott on 3/10/04. (ss, )
2004-04-09 62 0 Motion for Bill of Particulars MOTION for Bill of Particulars by John Duncan. (Spiering, Kevin) Additional attachment(s) added on 4/12/2004 (wam, ). Additional attachment(s) added on 4/12/2004 (wam, ).
2004-04-09 63 0 Motion to Appoint Expert MOTION to Appoint Expert by John Duncan. (Spiering, Kevin)
2004-04-09 64 0 Motion for Hearing MOTION for Hearing to have report date in order to serve subpoenas duces tecum by John Duncan. (Spiering, Kevin)
2004-04-09 65 0 Motion in Limine MOTION in Limine preventing the government from introducing as evidence hand written statments by John Duncan. (Spiering, Kevin)
2004-04-09 66 0 Motion for Return of Property/PreTrial MOTION for Return of Property/PreTrial by John Duncan. (Spiering, Kevin) Additional attachment(s) added on 4/12/2004 (wam, ).
2004-04-09 67 0 Notice (Other) NOTICE of Alibi as to John Duncan (Spiering, Kevin)
2004-04-09 68 0 Motion to Bifurcate MOTION to Bifurcate by John Duncan. (Spiering, Kevin)
2004-04-15 69 0 Order on Motion to Appoint Expert ORDER granting [63] Motion to Appoint Expert as to John Duncan (1). Signed by Judge Susan J. Dlott on 4/13/04. (ss, )
2004-04-15 70 0 Order on Motion for Hearing ORDER granting [64] Motion for Hearing for report date for subpoena as to John Duncan (1). Signed by Judge Susan J. Dlott on 4/13/04. (ss, )
2004-04-27 71 0 Response to Motion RESPONSE to Motion by USA as to John Duncan re [65] MOTION in Limine, [66] MOTION for Return of Property/PreTrial, [68] MOTION to Bifurcate, [62] MOTION for Bill of Particulars (Thapar, Amul)
2004-04-29 72 0 Order ORDER transferring case to Judge Walter H. Rice as to John Duncan, Michelle Lee Mangotti. Signed by Judges Susan J. Dlott and Walter H. Rice on 4/29/04. (ss, )
2004-05-27 73 0 Motion to Seal Document MOTION to Seal Document by USA as to John Duncan, Michelle Lee Mangotti. (ba, )
2004-05-27 74 0 Order on Motion to Seal Document ORDER granting [73] Motion to Seal Document as to John Duncan (1), Michelle Lee Mangotti (2); Sealed Documents attached. Signed by Judge Timothy S Hogan on 5/27/2004. (ba, ) Additional attachment(s) added on 5/27/2004 (ba1, ).
2004-05-27 75 0 Motion to Seal Document MOTION to Seal Document by USA as to John Duncan, Michelle Lee Mangotti. (ba, )
2004-05-27 76 0 Order on Motion to Seal Document ORDER granting [75] Motion to Seal Document as to John Duncan (1), Michelle Lee Mangotti (2); Sealed Documents attached. Signed by Judge Timothy S Hogan on 5/27/2004. (ba, ) Additional attachment(s) added on 5/27/2004 (ba1, ).
2004-05-28 77 0 Motion to Seal Document MOTION to Seal Document by USA as to John Duncan, Michelle Lee Mangotti. (ba, )
2004-05-28 78 0 Order on Motion to Seal Document ORDER granting [77] Motion to Seal Document as to John Duncan (1), Michelle Lee Mangotti (2); sealed documents attached. Signed by Judge Timothy S Hogan on 5/27/2004. (ba, ) Additional attachment(s) added on 5/28/2004 (ba1, ).
2004-05-28 79 0 Motion to Seal Document MOTION to Seal Documentsby USA as to John Duncan, Michelle Lee Mangotti. (ba, )
2004-05-28 80 0 Order on Motion to Seal Document ORDER granting [79] Motion to Seal Document as to John Duncan (1), Michelle Lee Mangotti (2); sealed documents attached. Signed by Judge Timothy S Hogan on 5/27/2004. (ba, ) Additional attachment(s) added on 5/28/2004 (ba1, ). Additional attachment(s) added on 5/28/2004 (ba1, ).
2004-06-01 81 0 Order ENTRY REAFFIRMING TRIAL DATE, AND SETTING/RESETTING DATE FOR FINAL PRETRIAL CONFERENCE AND THE FILING OF MOTIONS AND THE COMPLETION OF DISCOVERY; ORAL ARGUMENTS SCHEDULED FOR PENDING MOTIONS, BY CONFERENCE CALL TELEPHONE COMMUNICATION as to John Duncan, Michelle Lee Mangotti: Pretrial Motions and Discovery due by cob of 6/8/2004. Final Pretrial Conference set for 6/15/2004 at 05:00 PM in teleconference before Judge Walter H Rice. Jury Trial set for 6/28/2004 at 09:00 AM in Courtroom 1 before Judge Walter H Rice. Telephone Conference re: Pending Motions set for 5/25/2004 at 12:45 PM before Judge Walter H Rice.. Signed by Judge Walter H Rice on 5/25/04. (rp, )
2004-06-04 82 0 Plea Agreement PLEA AGREEMENT & Statement of Facts as to John Duncan (Thapar, Amul)
2004-06-04 83 0 Elements of the Offense ELEMENTS OF THE OFFENSE as to John Duncan (Thapar, Amul)
2004-06-04 84 0 Plea Agreement PLEA AGREEMENT & Statement of Facts as to Michelle Lee Mangotti (Thapar, Amul)
2004-06-04 85 0 Elements of the Offense ELEMENTS OF THE OFFENSE as to Michelle Lee Mangotti (Thapar, Amul)
2004-06-28 87 0 Plea Entered Minute Entry for proceedings held before Judge Walter H Rice :Plea entered by John Duncan (1) Guilty Count on 1s,22s,40s. Sentencing set for 9/17/2004 at 02:00 PM in Courtroom 1 before Judge Walter H Rice; upon the Court's own Motion paragraph #15 in the Plea Agreement (Doc #82) is ordered STRICKEN; Detention Order remains in full force and effect; Chambers conf held 30 mins. total. (Court Reporter Monna McCormick.) (rp, )
2004-06-28 88 0 Change of Plea Hearing Minute Entry for proceedings held before Judge Walter H Rice :Plea on Indictment as to Michelle Lee Mangotti held on 6/28/2004, Plea entered by Michelle Lee Mangotti (2) Guilty on Count 1s,4s,40s (Count 5s on the minutes was in error; deft pled gulty to Count 4s not 5s). Sentencing set for 9/17/2004 at 02:15 PM in Courtroom 1 before Judge Walter H Rice; Bond previously set and met is continued under the same conditions; Deft in open Court waived Jury on the amount of loss issue; Chambers conf held 10 mins.) (Court Reporter Monna McCormick.) (rp, ) Modified on 6/16/2005 (kse1, ).
2004-06-30 89 0 Motion for Miscellaneous Relief MOTION Attorney Fee Request for Interim Compensation and Excess Compensation by John Duncan. (Attachments: # (1) attorney voucher form)(Spiering, Kevin)
2004-07-23 90 0 Motion for Extension of Time to File MOTION for Extension of Time to File New date requested 10/8/2004. Final Presentence Investigation Report by Michelle Lee Mangotti. (Smith-Monahan, Richard)
2004-08-02 91 0 Motion for Extension of Time to File First MOTION for Extension of Time to File New date requested 9/3/2004. by John Duncan. (Spiering, Kevin)
2004-09-20 92 0 Motion for Extension of Time to File MOTION for Extension of Time to File New date requested 10/29/2004. by John Duncan. (Spiering, Kevin)
2004-09-28 93 0 Motion for Extension of Time to File Second MOTION for Extension of Time to File New date requested 11/5/2004. Final Presentence Investigation Report and For Continuance of Sentencing Date by Michelle Lee Mangotti. (Smith-Monahan, Richard)
2004-10-28 94 0 Motion for Extension of Time to File MOTION for Extension of Time to File New date requested 12/30/2004. Final Presentence Investigation Report, for Continuance of Sentencing Hearing, and for the Scheduling of a Status Conference by John Duncan, Michelle Lee Mangotti. (Smith-Monahan, Richard)
2004-12-22 95 0 Motion for Extension of Time to File Second MOTION for Extension of Time to File New date requested 1/31/2005. Final Presentence Investigation Report by Michelle Lee Mangotti as to John Duncan, Michelle Lee Mangotti. (Smith-Monahan, Richard)
2005-04-26 96 0 Motion for Protective Order MOTION for Protective Order on future filings, and In Camera, proceedings on same by John Duncan. (dp)
2005-04-26 97 0 Motion for Warrant Defendant's Motion for Order for Warrant to Convey Defendant to Separate Lock Facility by John Duncan. (dp)
2005-04-26 98 0 Motion for Leave to File MOTION for Leave to File Omnibus Motion Pro Se by John Duncan. (Attachments: # (1) Omnibus Motion)(dp)
2005-06-06 100 0 Motion to Continue MOTION to Continue Sentence Hearing by John Duncan. (Spiering, Kevin)
2005-06-13 102 0 Sentencing Memorandum SENTENCING MEMORANDUM by John Duncan (Attachments: # (1) Attachment 2# (2) Attachment 3# (3) Attachment 4# (4) Attachment 5# (5) Attachment 1)(Spiering, Kevin)
2005-06-14 103 0 Sentencing Memorandum SENTENCING MEMORANDUM by Michelle Lee Mangotti (Smith-Monahan, Richard)
2005-06-15 104 0 Notice (Other) NOTICE Response to Defendant's Sentencing Memorandum as to John Duncan re [102] Sentencing Memorandum (Thapar, Amul)
2005-06-30 105 0 Docket Call Minute Entry for proceedings held before Judge Walter H Rice :In Court hearing held as to John Duncan held on 6/16/2005. Dft appeared with counsel. Court ORDERS sentencing hearing with staff member of FCI Butner NC - Court outlines questions for the staff members on the record. Testimony may be by telephone or video conference call with staff member. Dft request psych evaluation - Court: Conditional YES but will wait until after the sentencing hearing. Sentencing Hearing set for 8/16/2005 10:00 AM in Courtroom 1 before Walter H Rice. (Court Reporter Debra Futrell.) (sc1, )
2005-06-30 106 0 Docket Call Minute Entry for proceedings held before Judge Walter H Rice :In Court Hearing as to Michelle Lee Mangotti held on 6/16/2005. Dft appeared with counsel. Dft to submit memo re: Young son's records (UNDER SEAL) and other information for sentencing. Sentencing Hearing set for Tuesday 8/16/2005 11:00 AM in Courtroom 1 before Walter H Rice. (Court Reporter Debra Futrell.) (sc1, )
2005-08-08 107 0 Motion to Produce MOTION to Produce Records by Michelle Lee Mangotti. (Attachments: # (1) Exhibit A)(Smith-Monahan, Richard)
2005-08-12 111 0 Sentencing Memorandum SENTENCING MEMORANDUM by John Duncan (Spiering, Kevin)
2005-08-22 112 0 Motion for Miscellaneous Relief Pro Se MOTION for an Order of a Warrant to convey defendant to a separate lock facility by John Duncan. (bev1, )
2005-09-19 113 0 Motion for Hearing DEFENDANT'S MOTION FOR REPORT DATE FOR SUBPEONA DUCES TECUM by John Duncan. (kopf, )
2005-09-19 114 0 Motion for Hearing DEFENDANT'S MOTION FOR CONFERENCE WITH THE COURTS AND REPORT DATE (ORAL HEARING REQUESTED) by John Duncan. (kopf, )
2005-11-08 115 0 Motion for Miscellaneous Relief MOTION FOR DEFENDANT'S TRANSFER TO SEPARATE LOCK FACILITY OR CORRECTION CENTER OR COMPEL ANSWER ON PREVIOUS MOTION filed by Pro Se John Duncan. ORAL HEARING REQUESTED. (kopf1, )
2006-01-10 116 0 Motion for Miscellaneous Relief Pro Se Defendant's "OMNIBUS MOTION FOR REQUEST FOR ORDER OF TRANSFER AND CONTINUANCE WITH COURT IN CAMERA UNDER SEAL REQUESTED" by John Duncan. (kopf, )
2006-01-30 117 0 Sentencing Memorandum SENTENCING MEMORANDUM by John Duncan (Attachments: # (1) # (2) # (3) # (4) # (5) # (6))(Spiering, Kevin)
2006-02-09 119 0 Sentencing Minute Entry for proceedings held before Judge Walter H Rice : Sentencing Hearing held 2/3/06 (continued from 6/16/05; Video Conference of Dr. Kevin McBride, Forensic Psychologist; testimony taken; Conference call set for 2/10/2006 at 5:15 PM by teleconference before Walter H Rice. (Court Reporter Debra Futrell.) (kopf1, )
2006-02-22 120 0 Motion for Bond DEFENDANT'S MOTION FOR BAIL/BOND by John Duncan (PRO SE). (ep1, )
2006-02-22 121 0 Motion for Miscellaneous Relief DEFENDANT'S PRO SE MOTION FOR REQUEST FOR CONFERENCE WITH THE COURTS {EX-PARTE} by John Duncan. (ep1, )
2006-02-22 122 0 Motion for Miscellaneous Relief DEFENDANT'S MOTION TO WITHDRAW(L) FORMER MOTION FOR CONFERENCE, AND SUBPOENA DUCES TECUM {EX-PARTE} by John Duncan. (ep1, )
2006-02-27 123 0 Order ENTRY REQUESTING TRANSFER OF DEFENDANT TO HAMILTON COUNTY JUSTICE CENTER as to John Duncan . Signed by Judge Walter H Rice on 02/24/06. (kopf1, )
2006-03-14 124 0 Motion for Release from Custody PRO SE "DEFENDANT'S MOTION FOR RELEASE ON CONDITIONAL RELEASE PENDING SENTENCING PURSUANT TO 18 USC SECTIONS 3141, 3142 AND 3143{IN CAMERA, UNDER SEAL}" by John Duncan. (kopf1, )
2006-04-19 125 0 Order on Motion for Release from Custody DECISION AND ENTRY OVERRULING DEFENDANT'S PRO SE MOTION FOR CONDITIONAL RELEASE PENDING SENTENCING [124] as to John Duncan . Signed by Judge Walter H Rice on 4/18/2006. (kopf1, )
2006-04-27 126 0 Sentencing Memorandum SENTENCING MEMORANDUM by John Duncan (Attachments: # (1))(Spiering, Kevin)
2006-05-03 127 0 Notice of Attorney Appearance - USA NOTICE OF ATTORNEY APPEARANCE J Richard Chema appearing for USA. (Chema, J)
2006-05-11 128 0 Sentencing Memorandum DEFENDANT PRO SE SUPPLEMENTAL SENTENCING MEMORANDUM by John Duncan (kopf1, )
2006-06-05 129 0 Sentencing Memorandum SENTENCING MEMORANDUM by John Duncan (Spiering, Kevin)
2006-06-07 130 0 Transcript TRANSCRIPT of Proceedings - Hearing - as to John Duncan held on February 3, 2006 before Judge Walter Herbert Rice. Court Reporter: Debra L. Futrell. (kopf1, )
2006-07-05 131 0 Sentencing Memorandum SENTENCING MEMORANDUM by John Duncan (Spiering, Kevin)
2006-08-01 132 0 Sentencing Minute Entry for proceedings held before Judge Walter H Rice :Sentencing Hearing held on 7/26/2006 for John Duncan aka Jovanni Mangotti (1). Testimony taken; Court proceeded to ruling on objections and followed by sentencing. (Court Reporter Monna McCormick.) (sc1, )
2006-07-28 133 0 Sentencing Minute Entry for proceedings held before Judge Walter H Rice :Sentencing held on 7/26/2006 for John Duncan (1), Count(s) 1s, The defendant is remanded to custody for 59 months; Fined $0 due to inability to satisfy; $100 Special Assessment jointly and severally with Michelle Mangotti to the extent that she is liable; Defendant to be maintained in county jail until designated. The first 6 months in Talbert House with mental health with intense group therapy sessions that he follow-up release from Talbert House with mental health providers to continue intensive group therapy sessions for a minimum of 2 1/2 years after release from Talbert House that is not to be terminated before the end of the third year of SR; Restitution in the amount of $4,350.39; 3 years supervised release; Restitution and SA to be paid consecutively with payment in full 60 days prior to term of SR; payment plan to be submitted within 30 days; 100 hours of community service; Defendant must seek immediately and maintain employment throughout the period of supervision; attend regular AA/NA meetings with verification; counsel's statement to defendant' defendant's statement; Govt Motion for Substantial Assistance sustained. Court sets forth record of prior proceedings and rulings on objections and hearings held since sentencing that was first set for 6/16/05.; Count(s) 22s, The defendant is remanded to custody for 59 months; Fined $0 due to inability to satisfy; $100 Special Assessment jointly and severally with Michelle Mangotti to the extent that she is liable; Defendant to be maintained in county jail until designated. The first 6 months in Talbert House with mental health with intense group therapy sessions that he follow-up release from Talbert House with mental health providers to continue intensive group therapy sessions for a minimum of 2 1/2 years after release from Talbert House that is not to be terminated before the end of the third year of SR; 5 years supervised release; SA to be paid consecutively with payment in full 60 days prior to term of SR; payment plan to be submitted within 30 days; 100 hours of community service; Defendant must seek immediately and maintain employment throughout the period of supervision; attend regular AA/NA meetings with verification; counsel's statement to defendant' defendant's statement; Govt Motion for Substantial Assistance sustained. Court sets forth record of prior proceedings and rulings on objections and hearings held since sentencing that was first set for 6/16/05.; Count(s) 40s, The defendant is remanded to custody for 59 months; Fined $0 due to inability to satisfy; $100 Special Assessment jointly and severally with Michelle Mangotti to the extent that she is liable; Defendant to be maintained in county jail until designated. The first 6 months in Talbert House with mental health with intense group therapy sessions that he follow-up release from Talbert House with mental health providers to continue intensive group therapy sessions for a minimum of 2 1/2 years after release from Talbert House that is not to be terminated before hte ned of the third year of SR; Restitution in the amount of $44,572.55; 3 years supervised release; Restitution and SA to be paid consecutively with payment in full 60 days prior to term of SR; payment plan to be submitted within 30 days; 100 hours of community service; Defendant must seek immediately and maintain employment throughout the period of supervision; attend regular AA/NA meetings with verification; counsel's statement to defendant' defendant's statement; Govt Motion for Substantial Assistance sustained. Court sets forth record of prior proceedings and rulings on objections and hearings held since sentencing that was first set for 6/16/05. Defendant's rights of appeal explaineda nd understood. (Court Reporter Monna McCormick.) (kopf1, )
2006-08-04 134 0 Sealed Document Sealed Document (Spiering, Kevin) Modified on 8/7/2006 (bev1, ). Left v-mail & sent e-mail to atty. re: Sealed Documents. Modified on 8/7/2006 to unseal per attorney authorization - atty to refile using correct event (kopf1, ).
2006-08-08 135 0 Motion for Miscellaneous Relief MOTION Excess Compensation by John Duncan. (Spiering, Kevin)
2006-08-22 136 0 Motion to Appoint Counsel PRO SE "MOTION FOR APPOINTMENT OF COUNSEL FOR APPEAL EX PARTE" by John Duncan. (kopf1, )
2006-08-22 137 0 Motion for Extension of Time to File PRO SE "DEFENDANT'S MOTION FOR EXTENSION TO FILE A NOTICE OF APPEAL" by John Duncan. (kopf1, )
2006-08-23 138 0 Judgment JUDGMENT as to John Duncan (1), Count(s) 1, 10, 10s, 11, 11s, 12, 12s, 13, 13s, 14, 14s, 15, 15s, 16, 16s, 17, 17s, 18, 18s, 19, 19s, 2, 20, 20s, 21, 21s, 22, 23, 23s-24s, 24, 25, 25s-26s, 26-27, 27s, 28-29, 28s, 29s, 2s, 3, 30, 30s, 31, 31s, 32, 32s, 33, 33s, 34, 34s, 35, 35s, 36, 36s, 37, 37s, 38, 38s-39s, 39, 3s, 4, 40, 41-42, 41s-75s, 4s, 5, 5s, 6-7, 6s, 7s, 8, 8s, 9, 9s, DISMISSED; Count(s) 1s, Sentenced to 59 months; Fined $0 due to inability to satisfy; $100 SA jointly and severally with Michelle Mangotti to the extent that she is liable; Restitution $4,350.39; 3 years SR; Restitution and SA to be paid consecutively with payment in full 60 days prior to term of SR; Count(s) 22s, Sentenced to 59 months; Fined $0 due to inability to satisfy; $100 SA jointly and severally with Michelle Mangotti to the extent that she is liable; Restitution $4,350.39; 5 years SR; Count(s) 40s Sentenced to 59 months; Fined $0 due to inability to satisfy; $100 SA jointly and severally with Michelle Mangotti to the extent that she is liable; Restitution $44,572.55; 3 years SR; Defendant to be maintained in county jail until designated. The first 6 months in Talbert House with mental health with intense group therapy sessions that he follow-up release from Talbert House with mental health providers to continue intensive group therapy sessions for a minimum of 2 1/2 years after release from Talbert House that is not to be terminated before the end of the third year of SR; Restitution and SA to be paid consecutively with payment in full 60 days prior to term of SR; payment plan to be submitted within 30 days; 100 hours of community service; Defendant must seek immediately and maintain employment throughout the period of supervision; attend regular AA/NA meetings with verification. Signed by Judge Walter H Rice on 8/22/06. (kopf1, ) Modified on 8/25/2006 to edit text (sc1, ).
2006-09-05 140 0 Notice of Attorney Appearance - USA NOTICE OF ATTORNEY APPEARANCE Jeb T Terrien appearing for USA. (Terrien, Jeb)
2006-09-07 141 0 Order DECISION AND ENTRY SUSTAINING DEFENDANT'S PRO SE MOTION FOR EXTENSION OF TIME IN WHICH TO FILE A NOTICE OF APPEAL [137]; DEFENDANT GRANTED UNTIL OCTOBER 2, 2006 IN WHICH TO FILE NOTICE OF APPEAL; SIXTH CIRCUIT REQUESTED TO APPOINT COUNSEL TO REPRESENT DEFENDANT ON APPEAL; REQUEST OF THE CLERK OF COURTS as to John Duncan . Signed by Judge Walter H Rice on 9/7/06. (kopf1, )
2006-10-04 142 0 Judgment Returned Executed Judgment Returned Executed as to John Duncan (1) on 10/4/06 delivered to Montgomery County Jail. (bev1, )
2006-10-04 143 0 Notice of Appeal - Final Judgment NOTICE OF APPEAL by John Duncan re [138] Judgment Filing fee $ 0 paid. (kopf1, )
2006-10-04 144 0 Motion to Appoint Counsel MOTION to Appoint Counsel for Appeal Pursuant to CJA by John Duncan. (kopf1, )
2006-10-31 145 0 Transcript TRANSCRIPT of Proceedings (Arraignment on Indictment) as to John Duncan held on 9/12/2002 before Judge Magistrate Judge Timothy S. Hogan. Court Reporter: Julie Wolfer (Official). (km, )
2006-11-06 146 0 Transcript TRANSCRIPT of Proceedings - Hearing - as to John Duncan held on June 16, 2005 before Judge Walter Herbert Rice. Court Reporter: Debra Futrell. (kopf1, )
2006-11-13 147 0 Order ORDER (PETITION) RE PRETRIAL RELEASE ORDERING NO ACTION AT THIS TIME as to Michelle Lee Mangotti . Signed by Judge Walter H Rice on 11/9/06. (kopf1, )
2006-11-14 148 0 Transcript TRANSCRIPT of Proceedings - Plea Agreement - as to John Duncan held on June 28, 2004 before Judge Walter Herbert Rice. Court Reporter: Monna McCormick. (kopf1, )
2006-11-14 149 0 Transcript TRANSCRIPT of Proceedings - Sentencing - as to John Duncan held on July 26, 2006 before Judge Walter Herbert Rice. Court Reporter: Monna McCormick. (kopf1, )
2006-11-27 150 0 Transcript TRANSCRIPT of Proceedings (Initial Appearance) as to John Duncan held on 8/29/02 before Magistrate Judge Timothy S. Hogan. Court Reporter: Betty Schwab (Official). (scot1, )
2006-11-27 151 0 Transcript TRANSCRIPT of Proceedings (Hearing on Motion to Withdraw) as to John Duncan held on 11/25/03 before Judge Susan J. Dlott. Court Reporter: Betty Schwab (Official). (scot1, )
2007-02-09 152 0 Sentencing Minute Entry for proceedings held before Judge Walter H Rice :Sentencing held on 2/9/2007 for Michelle Lee Mangotti (2), Count(s) 1, 10, 10s, 11, 11s, 12, 12s, 13, 13s, 14, 14s, 15, 15s, 16, 16s, 17, 17s, 18, 18s, 19, 19s, 2, 20, 20s, 21, 21s, 22, 22s, 23, 23s-24s, 24, 25, 25s-26s, 26-27, 27s, 28-29, 28s, 29s, 2s, 3, 30, 30s, 31, 31s, 32, 32s, 33, 33s, 34, 34s-35s, 35, 36, 36s, 37, 37s, 38, 38s-39s, 39, 3s, 4, 40, 41-42, 41s-60s, 5, 5s, 6-7, 6s, 7s, 8, 8s, 9, 9s, DISMISSED; Count(s) 1s, AND 4s, Sentenced to 1 Day credit for 1 day booked in & processed in USM; Fined $0 due to inability to satisfy; hardship & c/s to be ordered; Special assessment $100 each count; Count(s) 40s, Sentenced to 1 Day credit for 1 day booked in & processed in USM; Fined $0 due to inability to satisfy; hardship & c/s to be ordered; Special assessment $100 (Total SA $300). Restitution ordered per paragraph 94 of the PSI report jointly and severally with Jovani Mangotti aka Duncan; 5 Yrs SR. 100 Hrs of community service over the first 2 yrs of SR. Standard conditions of release. Secure GED - each hr in class c/s wil be reduced by 1 hr. Cooperate in collection of DNA. Receive mental health assessment & counseling (& particularly w/depression) until counselor advises; No involvement w/Mr Mangotti. 1st 4 mos SR (PO to craft a plan for release) w/release for employment & registering/pursue studies & visit children & childcare. Deft's rights of appeal explained and understood. (Court Reporter Debra Futrell.) (sc1, )
2007-03-22 153 0 Judgment JUDGMENT as to Michelle Lee Mangotti (2), Count(s) 1, 10, 10s, 11, 11s, 12, 12s, 13, 13s, 14, 14s, 15, 15s, 16, 16s, 17, 17s, 18, 18s, 19, 19s, 2, 20, 20s, 21, 21s, 22, 22s, 23, 23s-24s, 24, 25, 25s-26s, 26-27, 27s, 28-29, 28s, 29s, 2s, 3, 30, 30s, 31, 31s, 32, 32s, 33, 33s, 34, 34s-35s, 35, 36, 36s, 37, 37s, 38, 38s-39s, 39, 3s, 4, 40, 41-42, 41s-60s, 5, 5s, 6-7, 6s, 7s, 8, 8s, 9, 9s, DISMISSED; Count(s) 1s, 4s, 40s, Sentenced to 1 on each count, concurrent; Fined $0 due to inability to satisfy, hardship and community service to be ordered; Special assessment (Total) $300; Restitution (Total) $38,620.99; 3 Yrs SR. on Count 1s, 5yrs SR on Count 4s, 3 yrs on Count 40 s, to be served concurrently, 100 Hrs of community service over the first 2 yrs of SR. Standard conditions of release. Secure GED - each hr in class c/s wil be reduced by 1 hr. Cooperate in collection of DNA. Receive mental health counseling; No involvement with Giovanni Mangotti. First 4 mos Sr on home confinement. Deft's rights of appeal explained and understood. . Signed by Judge Walter H Rice on 3/22/07. (ep1, )
2007-03-27 155 0 Judgment Returned Executed Judgment Returned Executed as to Michelle Lee Mangotti (ep1, )
2007-03-28 156 0 USCA Order ORDER of USCA (certified copy) as to John Duncan re [143] Notice of Appeal - Final Judgment: It is ORDERED that the appellant's motion to voluntarily dismiss the appeal is GRANTED and the appeal is dismissed. (kopf1, )
2007-06-22 157 0 Order ORDER (PETITION) FOR OFFENDER UNDER SUPERVISION WITH NOTATION ORDER FOR ISSUANCE OF WARRANT as to John Duncan aka John Mangotti. Signed by Judge Walter H Rice on 6/22/07. (ep1, )
2007-08-28 159 0 Warrant Returned Executed ARREST Warrant Returned Executed on 8/27/07 in case as to John Duncan. (kopf1, )
2007-09-11 160 0 Supervised Release - Final Revocation Hrg Minute Entry for proceedings held before Judge Walter H Rice : Revocation of Supervised Release as to John Duncan (CUSTODY) held on 9/10/2007; SR began 7/28/06; Petition filed 6/22/07 alleges 1) you shall not commit another federal state, or local crime, and shall not illegally possess a controlled substance; On 6/21/07 the offender was charged with Aggravated Assault by the Warren County, Ohio Sheriffs Dept. located in Lebanon, Ohio. According to the victims/witnesses the deft went to the home of one of the victims in order to obtain some of his belongings when he told the victim that he would slit the throat of the victims boyfriend. At some point the boyfriend and the deft then got into an argument at which time the deft obtained a baseball bat. At the sight of the baseball bat the victims fled in a car. The deft drove after them and violently rammed the car and that they were driving 3 times, causing injury to one victim. The deft then fled the scene. Allegation #2, The deft shall reside in and participate in a community corrections center as instructed by the PO, but not longer than 120 days; The deft was a resident of the Talbert House in Cincinnati and was to be discharged on Monday, 6/25/07. He was unsuccessfully discharged on 6/22/07 when he failed to return to the facility. Deft denies said allegations. Court will not remove detainer on deft; this case will be resolved prior to Warren County case. Telephone Conference set for Wednesday, 9/12/2007 at 4:30 PM in teleconference before Walter H Rice. (Court Reporter Debra Futrell.) (ep1, )
2007-09-12 161 0 CJA 20 - Appointment CJA 20 as to John Duncan: Appointment of Attorney Anthony S VanNoy for John Duncan aka Jovanni Fabiano Mangotti. Signed by Judge Walter H Rice on 9/07/07. (ep1, )
2007-09-21 162 0 Motion to Withdraw as Attorney MOTION to Withdraw as Attorney by Anthony S. VanNoy. by John Duncan. (VanNoy, Anthony)
2007-09-27 163 0 Motion to Continue PRO SE MOTION FOR CONTINUANCE WITH COURTS by John Duncan. (sc1, )
2007-10-02 164 0 Preliminary Revocation Hearing Minute Entry for proceedings held before Judge Walter H Rice :Preliminary Revocation Hearing as to John Duncan held on 10/1/2007. Deft appeared with counsel. SR began 11/17/2006; petition to show cause why this action should not be revoked; filed on 6/22/07; deft represented by VanNoy who has withdrawn; there are 2 allegations of violations; deft scheduled for court in Warren County tomorrow; deft needs subsequent counsel and Judge will ensure an appt is made; Mr. Anderson send request to withdraw as counsel. (Court Reporter Debra Futrell.) (kopf1, )
2007-10-05 165 0 Notice of Attorney Appearance - USA NOTICE OF ATTORNEY APPEARANCE Vipal Patel appearing for USA. (Patel, Vipal)
2007-10-09 166 0 CJA 20 - Appointment ORDER APPOINTING COUNSEL UNDER THE CRIMINAL JUSTICE ACT as to John Duncan: Appointment of Attorney Kevin John Spiering for John Duncan. Signed by Judge Walter H Rice on 10/05/2007. (sc1, )
2007-10-22 167 0 Notice (Other) NOTICE of Withdrawal as Counsel for the United States as to John Duncan (Terrien, Jeb)
2007-11-26 168 0 Order NOTATION ORDER granting Request for Modifying the Conditions or Term of Supervision as follows: Michelle Lee Mangotti will complete a program of substance abuse treatment that may include testing at the direction of the probation officer. Signed by Judge Walter H Rice on 11/26/2007. (sc1, )
2007-11-26 169 0 Order PAYMENT SCHEDULE FOR COURT-ORDERED MONETARY PENALTIES as to Michelle Lee Mangotti. Signed by Judge Walter H Rice on 11/26/2007. (sc1, )
2007-12-12 170 0 Order ORDER (Amended Petition [157] ) re: supervised release finding that there is probable cause to believe the Defendant John Duncan has violated the conditions of his supervised release. Signed by Judge Walter H Rice on 12/11/2007. (sc1, )
2008-01-10 171 0 Preliminary Revocation Hearing Minute Entry for proceedings held before Judge Walter H Rice :Preliminary Revocation Hearing as to John Duncan held on 1/7/2008. S/R began 12/19/06; Petition to Show Cause filed 6/22/07 and an Amended Petition filed 12/12/07. The Petition filed 6/22/07 is no longer viable and replaced with theAmended Petition that alleged allegations of 1. Standard Condition: That deft shall not commit another Federal, state, or local crime and shall not illegally possess a controlled substance and 2. Special Condition 8.: That defendant shall reside in and participate in a community corrections center as instructed by the probation officer, but not longer than 120 days. Court dismisses the first violation in the Petition filed 6/22/07; Deft enters denials to both violations in Amended Petition. Court will allow deft counsel a 30 day f/u to obtain status of Warren County Case. Deft counsel to advise the Court as soon as possible as to the status but no later than the conference call set for 2/6/2008. Telephone Conference set for 2/6/2008 at 05:00 PM before Judge Walter H Rice. (Court Reporter Debra Futrell.) (sc1, )
2008-02-15 172 0 Order ORDER (Petition) re Revocation; The Court finds the defendant can benefit from continued substance abuse treatment and grants an exception to revocation. The supervision term of the defendant is continued under all original terms and conditions. Signed by Judge Walter H Rice on 2/14/2008. (davisj1, )
2008-05-21 173 0 Motion for Miscellaneous Relief MOTION for Revocation Hearing Pursuant to Petition for Revocation by John Duncan. (davisj1, )
2008-05-27 174 0 Motion for Miscellaneous Relief MOTION Change of Plea to Guilty by John Duncan as to John Duncan, Michelle Lee Mangotti. (Attachments: # (1) Text of Proposed Order) (Spiering, Kevin)
2008-06-23 175 0 Sentencing Memorandum SENTENCING MEMORANDUM by Defendants John Duncan, John Duncan as to John Duncan (Attachments: # (1) Exhibit Jovanni Mangotti Letter Dated 5/13/08) (Spiering, Kevin)
2008-07-08 176 0 Transcript TRANSCRIPT of Proceedings as to John Duncan Sentencing Hearing held on 7/26/2006 before Judge Walter Herbert Rice. Court Reporter/Transcriber: Monna McCormick. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/29/2008. Redacted Transcript Deadline set for 8/8/2008. Release of Transcript Restriction set for 10/6/2008. (sc1, )
2008-07-09 177 0 Supervised Release - Final Revocation Hrg Minute Entry for proceedings held before Walter H Rice:Final Hearing re Revocation of Supervised Release as to John Duncan held on 7/9/2008. S/R began 12/19/06; deft is now in court and admits allegations 1 & 2 contained in petitions filed 6/22/07 and 12/12/07. Court accepts the admissions and finds deft in violation of his supervised release that began 12/19/06. Deft counsel statement; PO Barbaro statement; deft statement; the court will revoke S/R that began 12/19/06 and sentence deft to a period of time as time served from 8/27/07 and order a reimposed period of S/R of five years less time served, on all undischarged conditions of supervision; if criminal thinking class outside halfway house setting exists, deft should be enrolled in such a class. No additional conditions imposed in original sentence. Will not remove NA/AA condition; if PO wants to modify, he can request. Deft's right of appeal explained and deft indicated an understanding of it. (Court Reporter Cathy L. Schutte-Stant.) (sc1, )
2008-07-11 178 0 Amended Judgment AMENDED JUDGMENT as to John Duncan (1), Count(s) 1, 10, 10s, 11, 11s, 12, 12s, 13, 13s, 14, 14s, 15, 15s, 16, 16s, 17, 17s, 18, 18s, 19, 19s, 2, 20, 20s, 21, 21s, 22, 23, 23s-24s, 24, 25, 25s-26s, 26-27, 27s, 28-29, 28s, 29s, 2s, 3, 30, 30s, 31, 31s, 32, 32s, 33, 33s, 34, 34s, 35, 35s, 36, 36s, 37, 37s, 38, 38s-39s, 39, 3s, 4, 40, 41-42, 41s-75s, 4s, 5, 5s, 6-7, 6s, 7s, 8, 8s, 9, 9s, DISMISSED; Count(s) 1s, Sentenced to 59 months concurrent to Counts 22 and 40; No Fine due to inability to satisfy; $100 SA consecutive to Counts 22 and 40. Restitution in the amount of $4,350.39; Count(s) 22s, Sentenced to 59 months concurrent to Counts 1 and 40; No Fine due to inability to satisfy; $100 SA consecutive to Counts 22 and 40. SA to be paid consecutively with payment in full 60 days prior to term of SR; payment plan to be submitted within 30 days. No restitution on Count 22.; Count(s) 40s, Sentenced to 59 months concurrent to Counts 22 and 40; No Fine due to inability to satisfy; $100 SA consecutive to Counts 1 and 22. $100 SA consecutively to Counts 22 and 40; Restitution in the amount of $44,572.55 jointly and severally with Michelle Mangotti to the extent that she is liable; Restitution and SA to be paid consecutively with payment in full 60 days prior to term of SR. 3 years SR concurrent on all counts. 100 hours of community service; Standard conditions of release. Attend regular AA/NA meetings with verification; Cooperate in collection of DNA. Rights of appeal explained and understood. Signed by Judge Walter H Rice on 7/11/2008. (sc1, )
2008-08-11 180 0 Order PAYMENT SCHEDULE FOR COURT-ORDERED MONETARY PENALTIES as to John Duncan. Signed by Judge Walter H Rice on 8/8/08. (sc1, )
2012-06-04 222 0 ORDER - The above-captioned case is hereby TRANSFERRED from the docket of The Honorable Walter H. Rice to the docket of The Honorable Michael R. Barrett.Signed by Judge Walter H Rice on 05/31/2012. (kf) 2012-06-05 09:00:45 6dd4ca5663366d6f3c4597838d8009517c0e0337