Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

Filed 02/06/2007

Page 1 of 33 Page 1 of 33 APPEAL, TERMED

U.S. District Court District of Colorado (Denver) CRIMINAL DOCKET FOR CASE #: 1:01-cr-00395-RPM-1 Internal Use Only

Case title: USA v. Cleaver, et al

Date Filed: 10/31/2001 Date Terminated: 11/25/2003

Assigned to: Judge Richard P. Matsch Appeals court case number: 03-1510 Defendant James Floyd Cleaver (1) TERMINATED: 11/25/2003 represented by James Floyd Cleaver #30701-013 LEAVENWORTH U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 1000 LEAVENWORTH, KS 66048 PRO SE James A. Castle Castle & Castle, PC 1860 Race Street Denver, CO 80206 303-675-0500 Fax: 303-329-5500 Email: [email protected] TERMINATED: 06/11/2002 LEAD ATTORNEY Designation: CJA Appointment Lynn Anne Pierce Butler, Landrum & Pierce P.C. 720 Kipling Street #201 Lakewood, CO 80215 303-232-3888 Email: [email protected] TERMINATED: 11/25/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Virginia L. Grady

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

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Office of the Federal Public Defender 633 Seventeenth Street #1000 Denver, CO 80202 303-294-7002 Fax: 303-294-1192 Email: [email protected] TERMINATED: 11/20/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment Pending Counts Disposition deft shall be impr. for 400 mos. on ct. 1; 36 mos. on ct. 2; 60 mos. on ct. 3 and 120 mos. on ct. 4; terms imposed are concur.; 3 yrs. sup. rel. on ct. 1; 1 yr. sup. rel. on ct. 2; 3 yrs. sup. rel. on ct. 3; 3 yrs. sup. rel. on ct. 4 concur.; $4 00 to CVF due immediately; deft shall make restit. in amt. of $2,252,384.88 to US Fire Ins. Co. at $250 mo.; deft remanded; deft shall be impr. for 400 mos. on ct. 1; 36 mos. on ct. 2; 60 mos. on ct. 3 and 120 mos. on ct. 4; terms imposed are concur.; 3 yrs. sup. rel. on ct. 1; 1 yr. sup. rel. on ct. 2; 3 yrs. sup. rel. on ct. 3; 3 yrs. sup. rel. on ct. 4 concur.; $4 00 to CVF due immediately; deft shall make restit. in amt. of $2,252,384.88 to US Fire Ins. Co. at $250 mo.; deft remanded; deft shall be impr. for 400 mos. on ct. 1; 36 mos. on ct. 2; 60 mos. on ct. 3 and 120 mos. on ct. 4; terms imposed are concur.; 3 yrs. sup. rel. on ct. 1; 1 yr. sup. rel. on ct. 2; 3 yrs. sup. rel. on ct. 3; 3 yrs. sup. rel. on ct. 4 concur.; $4 00 to CVF due immediately; deft shall make restit. in amt. of $2,252,384.88 to US Fire Ins. Co. at $250 mo.; deft remanded; deft shall be impr. for 400 mos. on ct. 1; 36 mos. on ct. 2; 60 mos. on ct. 3 and 120 mos. on ct. 4; terms imposed are concur.; 3 yrs. sup. rel. on ct. 1; 1 yr.

18:844H.F Destruction of government property by means of fire and aid and abet (1)

26:7212A.F Forcible interference with IRS employees and administration and aid and abet (2)

18:1622.F SUBORNATION OF PERJURY (3)

18:1512B.F INTIMIDATION OR

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

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FORCE AGAINST WITNESS (4)

sup. rel. on ct. 2; 3 yrs. sup. rel. on ct. 3; 3 yrs. sup. rel. on ct. 4 concur.; $4 00 to CVF due immediately; deft shall make restit. in amt. of $2,252,384.88 to US Fire Ins. Co. at $250 mo.; deft remanded;

Highest Offense Level (Opening) Felony Terminated Counts None Highest Offense Level (Terminated) None Complaints None Disposition Disposition

Plaintiff USA TERMINATED: 11/25/2003 represented by Joseph Mackey U.S. Attorney's Office-Denver 1225 Seventeenth Street #700 Denver, CO 80202 303-454-0100 Fax: 454-0403 Email: [email protected] TERMINATED: 11/25/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Docket Text 1 INDICTMENT by USA Counts filed against James Floyd Cleaver (1) count(s) 1, 2, 3, 4, Thomas Dowell (2) count(s) 1, 2, Jack Dowell (3) count(s) 1, 2 (former empl) (Entered: 11/01/2001) 2 ARREST Warrant issued for James Floyd Cleaver by clerk of the court pursuant to Magistrate Judge Boyd N. Boland (former empl) (Entered: 11/01/2001) 5 MOTION to seal case by USA regarding James Floyd Cleaver, Thomas Dowell, Jack Dowell (former empl) (Entered: 11/01/2001) 6 ORDER by Magistrate Judge Boyd N. Boland granting motion to seal

Date Filed 10/31/2001

#

10/31/2001

10/31/2001 10/31/2001

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case [5-1] (former empl) (Entered: 11/01/2001) 11/05/2001 11/05/2001 11/05/2001 7 ARREST Warrant returned executed as to James Floyd Cleaver on 11/2/01 (former empl) (Entered: 11/06/2001) ARREST of defendant James Floyd Cleaver on 11/5/01 (ecm) (Entered: 11/07/2001) 8 COURTROOM MINUTES OF INITIAL APPEARANCE before Magistrate Judge O. E. Schlatter; initial appearance of James Floyd Cleaver without counsel; ORDER: appointing federal public defender as to James Floyd Cleaver; ORDER: detention, arraignment and discov. conf. set for 2:30 11/8/01 for James Floyd Cleaver before Magistrate Judge O. E. Schlatter deft remanded Court Reporter: Tape 01-183 (ecm) (Entered: 11/07/2001) 9 CJA Form 23 (Financial Affidavit) as to James Floyd Cleaver (ecm) (Entered: 11/07/2001) 10 ORDER by Magistrate Judge O. E. Schlatter as to James Floyd Cleaver for Appointment of Public Defender (ecm) (Entered: 11/08/2001) 11 APPEAL from Magistrate's Order and Motion to Stay Magistrate Court's Order Releasing Defendant; the govt intends to seek review and revocation of the order of release by the Dist. Ct. in the No. Dist. of TX by USA concerning Thomas Dowell (ecm) (Entered: 11/08/2001) 15 COURTROOM MINUTES OF DETENTION/ARRAIGNMENT/DISCOVERY before Magistrate Judge O. E. Schlatter; dets oral mtn to cont. is GRANTED; ORDER: detention, arraignment and discov. conf. set for 11:00 11/14/01 for James Floyd Cleaver before Magistrate Judge O. E. Schlatter; deft remanded Court Reporter: Tape 01-187 (ecm) (Entered: 11/13/2001) 12 ENTRY OF APPEARANCE for defendant James Floyd Cleaver by Attorney Virginia L. Grady (ecm) (Entered: 11/13/2001) 14 ORDER by Judge Wiley Y. Daniel DENYING govt's Notice of Appeal and Motion to Stay Magistrate Court's Order Releasing Defendant; [11-1] (Cert of Mailing) (ecm) (Entered: 11/13/2001) 16 COURTROOM MINUTES OF DETENTION/ARRAIGNMENT/DISCOVERY before Magistrate Judge O. E. Schlatter; defts request for a cont. is granted; ORDER: request GRANTED; detention hearing and arraignment and discov. conf. cont. to 1:30 11/19/01 for James Floyd Cleaver before Judge O. E. Schlatter; Court Reporter: Tape 01-190 (ecm) (Entered: 11/15/2001) 17 MOTION To Withdraw by James Floyd Cleaver (ecm) (Entered: 11/19/2001) 19 MEMORANDUM as to James Floyd Cleaver referring to Magistrate Judge Michael J. Watanabe the motion To Withdraw [17-1] (former empl) (Entered: 11/21/2001)

11/05/2001 11/07/2001 11/07/2001

11/08/2001

11/09/2001 11/09/2001

11/14/2001

11/16/2001 11/19/2001

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11/20/2001

20 MINUTE ORDER; before Magistrate Judge Michael J. Watanabe granting motion To Withdraw [17-1] withdrawing attorney Virginia L. Grady for James Floyd Cleaver appointing CJA counsel as to James Floyd Cleaver (former empl) (Entered: 11/21/2001) 29 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Michael Norton appointed for Thomas Dowell by Magistrate Judge Michael J. Watanabe (ecm) (Entered: 11/30/2001) 30 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney James A. Castle appointed for James Cleaver by Magistrate Judge Michael J. Watanabe (ecm) (Entered: 11/30/2001) 25 DISCOVERY HEARING REPORT before Magistrate Judge Michael J. Watanabe; 5 estimated trial days as to Thomas Dowell (ecm) (Entered: 11/29/2001) 27 COURTROOM MINUTES OF ARRAIGNMENT/DISCOVERY/DETENTION before Magistrate Judge Michael J. Watanabe; deft James Cleaver present w/counsel; ORDER: arraignment and discov. conf. reset to 10:00 12/7/01 for James Floyd Cleaver before Magistrate Judge Michael J. Watanabe; ORDER: deft shall be detained pending trial; (ecm) (Entered: 11/30/2001) 69 MOTION For Appointment of Expert (SUPPRESSED) by James Floyd Cleaver (ecm) (Entered: 12/20/2001) 26 MOTION to Disclose Grand Jury Material to Defendant by USA regarding James Floyd Cleaver, Thomas Dowell (ecm) (Entered: 11/29/2001) 28 ORDER of Detention by Magistrate Judge Michael J. Watanabe as to James Floyd Cleaver (ecm) (Entered: 11/30/2001) 31 ORDER by Judge Wiley Y. Daniel GRANTING Motion to Disclose Grand Jury Material to Defendant [26-1] (Cert of Mailing) (ecm) (Entered: 12/03/2001) 32 ORDER by Judge Wiley Y. Daniel; jury trial set for 9:00 1/28/02 for James Floyd Cleaver, Thomas Dowell and Jack Dowell; pretrial motions due 12/21/01; responses due 1/2/02; motions hearing and trial prep. conf. is set for 9:00 1/9/02 for James Floyd Cleaver, Thomas Dowell and Jack Dowell; (Cert of Mailing) (ecm) (Entered: 12/04/2001) 56 MOTION For Appointment of Expert (SUPPRESSED) by James Floyd Cleaver (ecm) (Entered: 12/12/2001) 43 MOTION To Continue Arraignment by James Floyd Cleaver (ecm) (Entered: 12/07/2001) 44 MEMORANDUM as to James Floyd Cleaver referring to Magistrate Judge Patricia A. Coan the Motion To Continue Arraignment [43-1] (ecm) (Entered: 12/07/2001)

11/20/2001

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11/29/2001 11/30/2001

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12/04/2001 12/06/2001 12/06/2001

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12/06/2001 12/07/2001

57 848 Ex Parte Application (SUPPRESSED) as to James Floyd Cleaver (ecm) (Entered: 12/12/2001) 45 COURTROOM MINUTES OF ARRAIGNMENT/DISCOVERY before Magistrate Judge Patricia A. Coan; deft James Cleaver present w/counsel; ORDER: DENYING Motion To Arraignment [43-1]; dft James Floyd Cleaver arraigned; NOT GUILTY plea entered; Attorney present; 30 day min to trial 1/6/02; 70 day max to trial 2/15/02; 90 day custody limit 3/7/02; discov. rpt. executed; deft remanded; Court Reporter: Tape 01-208 (ecm) (Entered: 12/10/2001) 46 DISCOVERY HEARING REPORT before Magistrate Judge Patricia A. Coan; 5 estimated trial days as to James Cleaver (ecm) (Entered: 12/10/2001) 48 MOTION For Declaration of Complexity or, in the Alternative, For an Ends of Justice Continuance by James Floyd Cleaver (ecm) (Entered: 12/11/2001) 70 848 Ex Parte Application (SUPPRESSED) as to James Floyd Cleaver (ecm) (Entered: 12/20/2001) 49 ORDER by Judge Wiley Y. Daniel; DENYING w/o prej. deft Cleaver's Motion For Declaration of Complexity or, in the Alternative, For an Ends of Justice Continuance [48-1]; defts alternative request for a continuance of the Speedy Trial Act deadlines purs. to 18:3161(h)(8)(b)(iv) is GRANTED; the court finds the ends of justice served by a continuance outweigh the best interest of the public and deft in a speedy trial; ORDER: the mtns deadline set for 12/21/01 and the trial date are VACATED to be reset at a later date pretrial motions satisfied on 12/10/01 jury trial held on 12/10/01 (Cert of Mailing) (ecm) (Entered: 12/11/2001) 55 ORDER by Judge Wiley Y. Daniel GRANTING Thomas Dowell's Motion For Appointment of Expert (SUPPRESSED) [53-1] (Cert of Mailing) (ecm) (Entered: 12/12/2001) 58 ORDER by Judge Wiley Y. Daniel GRANTING James Cleaver's Motion For Appointment of Expert (SUPPRESSED) [56-1] (Cert of Mailing) (ecm) (Entered: 12/12/2001) 52 MINUTE ORDER before Judge Wiley Y. Daniel; a status hearing set for 10:00 12/21/01 for James Floyd Cleaver, for Thomas Dowell, for Jack Dowell (ecm) (Entered: 12/12/2001) 79 MOTION For Payment in Excess (Suppressed) by James Floyd Cleaver (ecm) (Entered: 01/07/2002) 125 MOTION for extension of time within to raise insanity by James Floyd Cleaver (nmb) (Entered: 03/26/2002) 59 MINUTE ORDER before Magistrate Judge Patricia A. Coan; regarding [50-1] Motion To Review and/or Modify Conditions of Release, a bond hearing is set for 10:45 12/20/01 for Thomas Dowell (ecm) (Entered:

12/07/2001

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12/13/2001) 12/12/2001 71 ORDER by Judge Wiley Y. Daniel GRANTING Motion For Appointment of Expert (SUPPRESSED) [69-1] (Cert of Mailing) (ecm) (Entered: 12/20/2001) 61 MOTION To Reset Status Conference or in the Alternative, to Allow Substitute Counsel to Appear by James Floyd Cleaver (ecm) (Entered: 12/17/2001) 64 MINUTE ORDER before Judge Wiley Y. Daniel GRANTING Motion To Reset Status Conference or in the Alternative, to Allow Substitute Counsel to Appear [61-1]; substitute counsel shall be familiar w/the issues to be discussed at the status hearing set for 10:00 12/21/01 (ecm) (Entered: 12/18/2001) 65 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Daniel T. Smith appointed for Jack Dowell by Magistrate Judge Patricia A. Coan (ecm) (Entered: 12/18/2001) 66 Govt's position/STATEMENT concerning declaration of complexity (former empl) (Entered: 12/19/2001) 80 848 Ex Parte Application (SUPPRESSED) as to James Floyd Cleaver (ecm) (Entered: 01/07/2002) 73 COURTROOM MINUTES OF STATUS CONFERENCE before Judge Wiley Y. Daniel; ORDER: GRANTING Motion To Continue Motions Hearing [47-1]; pretrial motions due 2/22/02; responses due 3/11/02; motions hearing set for 9:30 3/29/02 for James Floyd Cleaver, for Thomas Dowell, for Jack Dowell Court Reporter: Kara Spitler (ecm) (Entered: 12/24/2001) 76 DISCOVERY HEARING REPORT before Magistrate Judge Craig B. Shaffer estimated trial time of 5 days for deft Jack Dowell. (former empl) (Entered: 12/26/2001) 81 ORDER by Judge Wiley Y. Daniel GRANTING James Cleaver's Motion For Payment in Excess (Suppressed) [79-1] (Cert of Mailing) (ecm) (Entered: 01/07/2002) 77 ORDER by Judge Wiley Y. Daniel; the court enters an ends of justice finding purs. to 18:3161(h)(8)(b)(iv); motions hearing is reset to 9:30 3/29/02; the govt shall file a response to defts Dowell's Motion to Sever by 1/14/02; pretrial motions due 2/22/02; responses due 3/11/02; jury is VACATED (Cert of Mailing) (ecm) (Entered: 01/02/2002) 82 TRANSCRIPT of Detention Hearing for Thomas Dowell on 11/6/01 in the Northern District of Texas, Dallas Division; ( 50 pages) Prepared By: Betty Tate, Dallas, TX (ecm) (Entered: 01/09/2002) 83 ORDER by Judge Wiley Y. Daniel GRANTING Motion to Disclose Grand Jury Material to Defendant [78-1] (Cert of Mailing) (ecm) (Entered: 01/09/2002)

12/14/2001

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02/25/2002

95 MINUTE ORDER before Magistrate Judge Patricia A. Coan; GRANTING Motion For Permission to Withdraw as Counsel of Record [89-1] withdrawing attorney Daniel T. Smith for Jack Dowell; the court shall appt. new counsel from the CJA panel (ecm) (Entered: 02/26/2002) 96 MOTION For Discovery of Impeaching Information Concerning Any Informant the Proseuction Intends on Calling as a Witness at Trial by James Floyd Cleaver (ecm) (Entered: 02/26/2002) 97 MOTION For Early Disclosure of Jencks Material by James Floyd Cleaver (ecm) (Entered: 02/26/2002) 98 MOTION To Join in Motions Filed by Codefendant Dowell by James Floyd Cleaver (ecm) (Entered: 02/26/2002) 99 MOTION For Severance by James Floyd Cleaver (ecm) (Entered: 02/26/2002) 100 MOTION For Extension of Time Within Which to File Additional Motions by James Floyd Cleaver (ecm) (Entered: 02/26/2002) 101 MINUTE ORDER before Judge Wiley Y. Daniel GRANTING Motion To Join in Motions Filed by Codefendant Dowell [98-1] as to James Floyd Cleaver (ecm) (Entered: 02/26/2002) 102 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Leslee Anne Barnicle appointed for Jack Dowell by Magistrate Judge Patricia A. Coan (ecm) (Entered: 02/27/2002) 121 ORDER by Judge Wiley Y. Daniel GRANTING Jack Dowell's Motion For Authorization for Expert Services Exceeding the Statutory Maximum [88-1] (Cert of Mailing) (ecm) (Entered: 03/14/2002) 103 RESPONSE by USA to Motion For Severance [99-1] (ecm) (Entered: 03/12/2002) 110 RESPONSE by USA to Motion For Discovery of Impeaching Information Concerning Any Informant the Proseuction Intends on Calling as a Witness at Trial [96-1] (ecm) (Entered: 03/12/2002) 111 RESPONSE by USA to Motion For Early Disclosure of Jencks Material [97-1] (ecm) (Entered: 03/12/2002) 133 ORDER by Judge Wiley Y. Daniel GRANTING James Cleaver's Motion For Appointment of Expert (SUPPRESSED) [69-1] (Cert of Mailing) (ecm) (Entered: 03/28/2002) 132 848 Ex Parte Application (SUPPRESSED) as to James Floyd Cleaver (ecm) (Entered: 03/28/2002) 127 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Jody Christopher Reuler appointed by Magistrate Judge Michael J. Watanabe (former empl) (Entered: 03/27/2002) 128 MINUTE ORDER before Magistrate Judge Michael J. Watanabe;

02/25/2002

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regarding [126-1] Second Supplement to Motion to Review and/or Modify Conditions of Release, a hearing is set for 11:00 4/4/02 for Thomas Dowell (ecm) (Entered: 03/27/2002) 03/27/2002 131 ORDER by Judge Wiley Y. Daniel; deft Thomas Dowell is currently represented by Michael Norton and there is no constitutional right to hybrid form of representation; ORDER: defts pro se Notice of Military Flag and Challenge of Jurisdiction [129-1] is STRICKEN (Cert of Mailing) (ecm) (Entered: 03/28/2002) 136 ORDER by Judge Wiley Y. Daniel; deft Jack Dowell's pro se Judicial Notice of Military Flag and Challenge of Jurisdiction filed 3/26/02 is STRICKEN. (Cert of Mailing) (former empl) Modified on 03/29/2002 (Entered: 03/29/2002) 137 COURTROOM MINUTES OF HEARING PENDING MOTIONS before Judge Wiley Y. Daniel; ORDER: the [135-1] motion to continue hearing and [135-2] motion to extend time to file motions is DEFERRED; DENYING in PART and DENYING as MOOT in PART the Motion For Discovery of Impeaching Information Concerning Any Informant the Proseuction on Calling as a Witness at Trial [96-1]; GRANTING Motion For Early Disclosure of Jencks Material [97-1]; GRANTING Motion For Severance [99-1]; the Motion For Extension of Time Within Which to File Additional Motions [100-1] is DENIED as MOOT; the motion for extension of time within to raise insanity [125-1] is DENIED as MOOT; DENYING w/o prej. the Motion To Dismiss For Pre-Accusatory Delay [33-1]; the Motion For Discovery [34-1] is DENIED as MOOT; GRANTING Motion For Notice of Rules 404(b), 608 and 609 Evidence [35-1]; GRANTING Motion For Discovery Relating to Expert Opinion Testimony [36-1]; the Motion For Preservation of Tapes and Notes [37-1] is DENIED as MOOT; GRANTING in PART and DENYING in PART the Motion To Compel Disclosure of Existence and Substance of Promises of Immunity, Leniency Preferential Treatment [38-1]; GRANTING Motion To Disclose Substance of Proffers of Cooperating Government Witnesses [39-1]; GRANTING in PART and DEFFERED in PART the Motion To Sever Parties [40-1]-GRANTED as to severance of counts and DEFERRED as to severance of parties; GRANTING Motion For Notice of Intent to Use Evidence [41-1]; GRANTING Motion For Discovery of Identity of Informant [42-1]; GRANTING Motion to continue motions hearing [135-1]; Mr. Reuler shall file any addtl mtns by 5/3/02; the [861] Motion For Disclosure of Evidence Favorable to the Defendant is DEFERRED; the [87-1] Motion For Notice of 404(b) Evidence is DEFERRED; the [90-1] Motion For Discovery of Expert Witness Reports and Statements is DEFERRED; the [91-1] Motion In Limine for Pretrial Determination of Admissibility of Co-Conspirator Statements is DEFERRED; Court Reporter: Kara Spitler (ecm) (Entered: 04/01/2002) 138 ORDER by Judge Wiley Y. Daniel; regarding [137-1] minutes; the govt shall file a mtn to establish procedures for filing of a detailed proffer and hrg. on co-conspirator stmts by 4/5/02; pretrial motions due 5/3/02 for

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James Floyd Cleaver, for Thomas Dowell, for Jack Dowell (Cert of Mailing) (ecm) (Entered: 04/04/2002) 04/09/2002 142 MINUTE ORDER before Judge Wiley Y. Daniel; the govt shall have to/including 4/17/02 to file a written proffer re co-conspirator stmts; deft shall have to/including 4/22/02 to respond; a hearing on pending issues re co-conspirator stmts is set for 2:30 4/26/02 for James Floyd Cleaver, Thomas Dowell and Jack Dowell (ecm) (Entered: 04/10/2002) 143 MINUTE ORDER before Judge Wiley Y. Daniel; the govt shall respond on/before 4/17/02 to deft Thomas' [140-1] Motion For Revocation or Amendment of the US Magistrate's Order Regarding Conditions of Release, a hearing on the mtns is set for 2:30 4/23/02 for Thomas Dowell (ecm) (Entered: 04/10/2002) 146 Proffer Under Rule 801(d)(2)(E) by USA (ecm) (Entered: 04/18/2002) 155 ORDER by Judge Wiley Y. Daniel GRANTING Thomas Dowell's Motion For Interim Payment (SUPPRESSED) [144-1] (Cert of Mailing) (ecm) (Entered: 05/01/2002) 147 MINUTE ORDER before Judge Wiley Y. Daniel; a hearing on pending issues re co-conspirator stmts is reset to 1:30 4/26/02 for James Floyd Cleaver, for Thomas Dowell, for Jack Dowell (ecm) (Entered: 04/22/2002) 148 COURTROOM MINUTES OF HEARING ON MOTION FOR REVOCATION before Judge Wiley Y. Daniel; deft Thomas Dowell present w/counsel; ORDER: DENYING Motion For Revocation or Amendment of the US Magistrate's Order Regarding Conditions of Release [140-1]; DENYING Motion To Review and/or Modify Conditions of Release [50-1]; deft remanded; Court Reporter: Kara Spitler (ecm) (Entered: 04/24/2002) 151 MINUTE ORDER before Judge Wiley Y. Daniel GRANTING Jack Dowell's Motion to Allow For Filing Out of Time [149-1] (ecm) (Entered: 04/24/2002) 152 RESPONSE by James Floyd Cleaver to Government's Proffer Under Rule 801(D)(2)(E) regarding [146-1] (ecm) (Entered: 04/24/2002) 153 COURTROOM MINUTES OF HEARING PENDING ISSUES RE COCONSPIRATOR'S STATEMENTS before Judge Wiley Y. Daniel; govt shall file a mtn for designation of complexity by 5/10/02; govt shall file a status report re whether it intends to offer stmts by 5/10/02; defts shall file a response to govts mtn for complexity w/in 14 days of the filing of the documents; Court Reporter: Kara Spitler (ecm) (Entered: 04/29/2002) 154 ORDER by Judge Wiley Y. Daniel; DENYING Thomas Dowell's Motion For Revocation or Amendment of the US Magistrate's Order Regarding Conditions of Release [140-1]; GRANTING Motion For Detention Order Under 18:3142(e) - PART 2 OF GOVTS RESPONSE to Motion for Revocation [145-1]; DENYING Motion To Review and/or Modify

04/09/2002

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Conditions of Release [50-1] (Cert of Mailing) (ecm) (Entered: 04/29/2002) 05/02/2002 156 ORDER by Judge Wiley Y. Daniel; Ronald Sherman's proffered testimony may previously be used at trial; the govt shall declare on/before 5/10/02 whether it intends to offer stmts of David Brown and Russell Frederick at a joint trial w/defts James Cleaver and Thomas Dowell; the govt shall file a mtn for complexity on/before 5/10/02 and shall indicate whether the complexity mtn should apply w/equal force to defts; defts have until 5/24/02 to respond to govts mtn for complexity; the parties must file a status report to state their level of readiness for trial and suggested trial dates by 6/7/02 (Cert of Mailing) (ecm) (Entered: 05/03/2002) 157 TRANSCRIPT of Hearing on Government's 801(d)(2)(E) Proffer; dated 4/26/02; copy; ( 41 pages) Prepared By: Kara Spitler (ecm) (Entered: 05/03/2002) 158 Declaration Concerning Statements of Witnesses David Brown, aka King David and Russell Frederick at a Joint Trial With Defendants James Cleaver and Thomas Dowell by USA (ecm) (Entered: 05/13/2002) 159 MOTION For Complexity by USA (ecm) (Entered: 05/13/2002) 162 MOTION To Dismiss Counsel and Appoint New Counsel by James Floyd Cleaver pro se (ecm) (Entered: 05/14/2002) 163 RESPONSE by James Castle, atty to Cleaver's Motion To Dismiss Counsel [162-1] and Motion Appoint New Counsel [162-2] (ecm) (Entered: 05/15/2002) 164 TRANSCRIPT of Detention Hearing as to Thomas Dowell dated 11/26/01; copy; (11 pages) Prepared By: Avery (ecm) (Entered: 05/16/2002) 165 Receipt from C/A on NOA as to Thomas Dowell (ecm) (Entered: 05/16/2002) 166 MINUTE ORDER before Judge Wiley Y. Daniel; the govtg shall respond to James Cleaver's [162-1] Motion To Dismiss Counsel, a hearing on the motion is set for 9:00 5/31/02 for James Floyd Cleaver (ecm) (Entered: 05/17/2002) 167 TRANSCRIPT of Status Conference dated 12/21/01; copy (34 pages) Prepared By: Kara Spitler (ecm) (Entered: 05/17/2002) 168 TRANSCRIPT of Hearing on Pending Motions dated 3/29/02; copy; (58 pages) Prepared By: Kara Spitler (ecm) (Entered: 05/17/2002) 170 APPEAL NUMBER received from C/A for Thomas Dowell regarding [160-1]; (Appeal Number: 02-1222); this is a bail appeal and Fed.R.App.P. 9 and 10th Cir.R. 9 must be carefully followed; (ecm) (Entered: 05/20/2002)

05/02/2002

05/10/2002

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05/15/2002

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

Filed 02/06/2007

Page 12 of 33 Page 12 of 33

05/22/2002

178 MINUTE ORDER; before Judge Wiley Y. Daniel denying as moot the motion To Continue Hearing [175-1]; the following motions will be heard at the motions hearing; [172-1] motion To Clarify Representation of Defendant, [162-1] motion To Dismiss Counsel, [159-1] motion For Complexity ; hearing on motins set for 9:00 5/31/02 for James Floyd Cleaver, for Thomas Dowell, for Jack Dowell (former empl) (Entered: 05/23/2002) 176 DEFENDANT'S Position as to a Declaration of Complexity by James Floyd Cleaver (ecm) (Entered: 06/13/2002) 179 RESPONSE by plaintiff USA to dft, Cleaver's motion To Dismiss Counsel [162-1], motion Appoint New Counsel [162-2] (dlb) (Entered: 05/23/2002) 181 RESPONSE by USA motion for discovery re: disclosure by gov [173-1] regarding [173-1] (former empl) (Entered: 05/29/2002) 182 RESPONSE by USA objection [180-1] regarding [180-1] (former empl) (Entered: 05/29/2002) 183 MINUTE ORDER; before Judge Wiley Y. Daniel discovery hearing set 9:00 5/31/02 for James Floyd Cleaver, for Dowell, for Jack Dowell (former empl) (Entered: 05/29/2002) 191 848/ORDER by Judge Wiley Y. Daniel GRANTING Jack Dowell's Motion For Payment in Excess re Expert (Suppressed) [161-1] (Cert of Mailing) (ecm) (Entered: 06/05/2002) 185 COURTROOM MINUTES OF HEARING ON MOTION TO DISMISS COUNSEL AND MOTINO TO CLARIFY REPRESENTATION before Judge Wiley Y. Daniel; defts James Cleaver, Thomas Dowell and Jack Dowell present w/counsel; ORDER: GRANTING Thomas Dowell's Motion To Clarify Representation of Defendant [172-1]; DENHING Thomas Dowell's Motion For Request for Forthwith Consideration [1722]; DENYING Motion To Dismiss Counsel [162-1]; DENYING Motion Appoint New Counsel [162-2]; GRANTING in PART and DENYING in PART the Motion For Complexity [159-1]; Court Makes Findings purs. to 18:3161(h)(8)(B)(iv) and 18:3161(h)(7); GRANTING Motion for discovery re: disclosure by gov [173-1]; the govt shall produce the requested documents, to the extent it exists, w/in the next 21 days; defts remanded; Court Reporter: Kara Spitler (ecm) (Entered: 06/03/2002) 186 848 Ex Parte Application as to James Floyd Cleaver (former empl) (Entered: 06/03/2002) 187 848 Ex Parte Application as to James Floyd Cleaver (former empl) (Entered: 06/03/2002) 190 ORDER by Judge Wiley Y. Daniel; DENYING w/o prej. Cleaver's Motion To Dismiss Counsel [162-1], GRANTING Motion To Clarify Representation of Defendant [172-1]; GRANTING Thomas Dowell's Second Motion for discovery re: disclosure by gov [173-1]-the govt shall

05/22/2002 05/23/2002

05/28/2002 05/28/2002 05/29/2002

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produce such info in the next 21 days; the Motion For Disclosure of Evidence Favorable to the Defendant [86-1] is DENIED as MOOT; Jack Dowell's Motion For Notice of 404(b) Evidence [87-1] is DENIED as MOOT; the Motion For Discovery of Expert Witness Reports and Statements [90-1] is DENIED as MOOT; GRANTING in PART an DENYING in PART the Motion For Complexity [159-1]; it is DENIED as it requests a complexity finding; is GRANTED purs. to 18:3161(h)(8) (B)(iv); jury trial set for 9:00 9/3/02 for Jack Dowell; trial preparation conference set for 9:00 8/26/02 for Jack Dowell; jury trial set for 9:00 10/28/02 for James Floyd Cleaver and Thomas Dowell; trial preparation conference set for 4:00 10/15/02 for James Floyd Cleaver and Thomas Dowell (Cert of Mailing) (ecm) (Entered: 06/05/2002) 06/07/2002 06/07/2002 06/07/2002 06/07/2002 198 MOTION for withdrawal of attorney James Castle, for dft Cleaver by James Floyd Cleaver (dlb) (Entered: 06/07/2002) 199 STATUS REPORT by defendant James Floyd Cleaver (dlb) (Entered: 06/07/2002) 200 STATUS REPORT by USA (ecm) (Entered: 06/10/2002) 202 MINUTE ORDER before Judge Wiley Y. Daniel; regarding [193-1] Motion To Clarify Representation of Defendant and Request for Forthwith Consideration, a hearing is set for 10:30 6/11/02 for Thomas Dowell (ecm) (Entered: 06/11/2002) 204 MINUTE ORDER before Judge Wiley Y. Daniel; regarding [198-1] Motion for withdrawal of attorney James Castle, for dft Cleaver-a hearing is set for 10:30 6/11/02; GRANTING govt's Motion For Substitution of Counsel for 6/11/02 hrg. only [201-1] (ecm) (Entered: 06/11/2002) 206 COURTROOM MINUTES OF HEARING ON THOMAS DOWELL'S RENEWED MOTION TO CLARIFY REPRESENTATION and CLEAVER'S MOTION FOR WITHDRAWAL OF ATTORNEY before Judge Wiley Y. Daniel; deft James Cleaver and Thomas Dowell present w/counsel; ORDER: GRANTING Motion To Withdraw as Counsel For Defendant [205-1] withdrawing attorney Michael J. Norton for Thomas Dowell; clerk shall appt. new counsel from the CJA panel; ORDER: the Motion To Clarify Representation of Defendant and Request for Forthwith Consideration [193-1] is DENIED as MOOT; GRANTING Motion for Withdrawal of Attorney James Castle [198-1] withdrawing attorney James A. Castle for James Floyd Cleaver; clerk shall appt. new counsel from the CJA panel for deft Cleaver; ORDER: DENYING Thomas Dowell's Motion For Appointment of Expert (SUPPRESSED) [192-1]; defts remanded; Court Reporter: Kara Spitler (ecm) (Entered: 06/12/2002) 207 ORDER by Judge Wiley Y. Daniel; Thomas Dowell's Second Motion To Clarify Representation of Defendant and Request for Forthwith Consideration [193-1] is DENIED as MOOT; GRANTING Motion To Withdraw as Counsel For Defendant Thomas Dowell [205-1]; GRANTING Motion for withdrawal of attorney James Castle, for dft

06/10/2002

06/11/2002

06/12/2002

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James Cleaver [198-1]; the clerk shall appt. new counsel from CJA list immediately for defts Cleaver and Thomas Dowell; the new apptd. counsel shall file a status report on/before 6/27/02; (Cert of Mailing) (ecm) (Entered: 06/13/2002) 06/13/2002 258 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Ronald Gainor appointed by Judge Wiley Y. Daniel (former empl) (Entered: 10/11/2002) 208 CERTIFICATE of Mailing; the Order dated 6/12/02 was remailed (ecm) (Entered: 06/17/2002) 211 STATUS REPORT Purs. to Court Order Dated 6/12/02 by James Floyd Cleaver (ecm) (Entered: 06/28/2002) 212 MINUTE ORDER before Judge Wiley Y. Daniel; defts are to file motions requesting the extension by 7/12/02 for James Floyd Cleaver and Thomas Dowell; a hearing is set for 1:30 8/7/02 for James Floyd Cleaver and Thomas Dowell (ecm) (Entered: 07/03/2002) 214 MOTION To Continue Trial and Final Trial Preparation Conference by James Floyd Cleaver (ecm) (Entered: 07/12/2002) 215 ORDER by Judge Wiley Y. Daniel GRANTING Motion To Continue Trial and Final Trial Preparation Conference [214-1]; jury trial is VACATED and a trial preparation conference are VACATED; pretrial motions due 8/23/02 for James Floyd Cleaver and Thomas Dowell (Cert of Mailing) (ecm) (Entered: 07/16/2002) 216 MOTION For Appointment of Expert (SUPPRESSED) by James Floyd Cleaver (ecm) (Entered: 07/16/2002) 220 MINUTE ORDER; before Judge Wiley Y. Daniel regarding [218-1] motion to continue trial set for 9/3/02, regarding [219-1] motion for reconsideration of the courts ruling re: complexity, regarding [217-1] motion for appointment of additional counsel; gov resp due by 7/26/02 mtn/in-court hearing set for 1:30 8/7/02 for James Floyd Cleaver, for Thomas Dowell, for Jack Dowell as to James Floyd Cleaver, Thomas Dowell, Jack Dowell (dlb) (Entered: 07/22/2002) 222 CONTINUANCE ORDER per 18:3161 by Judge Wiley Y. Daniel; GRANTING Motion To Continue Trial Set for September 3, 2002 [2181]; the jury trial and the trial preparation conference are VACATED; a motions hearing and status hearing set for 1:30 8/7/02 for Jack Dowell; a new trial date will be set at the hearing on pending motions (ecm) (Entered: 07/26/2002) 223 MINUTE ORDER before Judge Wiley Y. Daniel; the status hearing is reset to 1:30 8/7/02 for James Floyd Cleaver, and Thomas Dowell (ecm) (Entered: 07/31/2002) 228 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Lynn Anne Pierce appointed for James Cleaver by Judge Wiley Y. Daniel; nunc pro tunc 6/11/02 (ecm) (Entered: 08/08/2002)

06/14/2002 06/27/2002 07/02/2002

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07/16/2002 07/19/2002

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08/06/2002 08/07/2002

234 848 Ex Parte Application re Expert (SUPPRESSED) as to James Floyd Cleaver (ecm) (Entered: 08/14/2002) 230 COURTROOM MINUTES OF HEARING PENDING MOTIONS before Judge Wiley Y. Daniel; defts J.Cleaver, T.Dowell and J. Dowell present w/counsel; GRANTING Motion To Allow for Appointment Additional Counsel [217-1] appointing Attorney James S. Covino as addtl counsel; GRANTING Motion For Reconsideration of the Court's Ruling on the Issue of Complexity [219-1]; ORDER: defts oral mtn to extend mtns deadline is GRANTED; pretrial motions due 9/4/02; deft Thomas Dowell's oral mtn to continue trial date is GRANTED; the 10/28/02 trial date is VACATED; Court Reporter: Kara Spitler (ecm) (Entered: 08/09/2002) (Utility Event) - Terminating Deadline(s) (ecm) (Entered: 08/09/2002) 231 ORDER by Judge Wiley Y. Daniel GRANTING Jack Dowell's Motion To Allow for Appointment of Additional Counsel [217-1] appointing Attorney James Covino; GRANTING Motion For Reconsideration of the Court's Ruling on the Issue of Complexity [219-1]; ORDER: the court finds based on the discov. in this case, the court will GRANT a continuance because the court finds the ends of justice in a speedy trial; pretrial motions due 9/4/02; responses due 9/20/02 (Cert of Mailing) (ecm) (Entered: 08/09/2002) 232 CERTIFICATE of Mailing; copy of the Order dated 8/9/02 remailed (ecm) (Entered: 08/13/2002) 233 MINUTE ORDER before Judge Wiley Y. Daniel; the final trial prep. conf. set for 10/15/02 is VACATED as to James Floyd Cleaver, Thomas Dowell (ecm) (Entered: 08/13/2002) 235 ORDER by Judge Wiley Y. Daniel GRANTING James Cleaver's Motion For Appointment of Expert (SUPPRESSED) [216-1] (Cert of Mailing) (ecm) (Entered: 08/14/2002) 243 ORDER by Judge Wiley Y. Daniel GRANTING Thomas Dowell's Motion For Payment in Excess for Expert (Suppressed) [227-1] (Cert of Mailing) (ecm) (Entered: 09/17/2002) 237 JOINT MOTION For Extension of Motions Deadline by James Floyd Cleaver, Thomas Dowell (ecm) (Entered: 08/30/2002) 238 MINUTE ORDER before Judge Wiley Y. Daniel GRANTING Motion For Extension of Motions Deadline [237-1]; pretrial motions due 10/4/02; responses due 10/16/02; motions hearing set for 9:30 11/4/02 for James Floyd Cleaver, for Thomas Dowell, for Jack Dowell (ecm) (Entered: 09/03/2002) 244 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney James Covino appointed as Co-Counsel for Jack Dowell by Judge Wiley Y. Daniel (ecm) (Entered: 09/17/2002) 240 MOTION for disclosure of Impeachment Evidence re: dft and co-dfts by

08/07/2002 08/08/2002

08/12/2002 08/12/2002

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08/23/2002

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James Floyd Cleaver, Thomas Dowell, Jack Dowell (dlb) (Entered: 09/16/2002) 09/13/2002 09/13/2002 241 MOTION to extend time 30-45 days to file motions by James Floyd Cleaver, Thomas Dowell, Jack Dowell (dlb) (Entered: 09/16/2002) 255 ORDER: approving Final Voucher Number 020917/189 of James A. Castle for James Floyd Cleaver (SUPPRESSED) (ecm) (Entered: 10/09/2002) 256 ORDER by Judge Wiley Y. Daniel GRANTING James Castle, atty for James Cleaver's final cja form 20 [255-1] (SUPPRESSED) (ecm) (Entered: 10/09/2002) 246 ORDER by Judge Wiley Y. Daniel GRANTING Jack Dowells' Motion For Appointment of Expert (SUPPRESSED) [236-1] (Cert of Mailing) (ecm) (Entered: 09/19/2002) 247 MINUTE ORDER; before Judge Wiley Y. Daniel regarding [241-1] motion to extend time 30-45 days to file motions, gov resp by 9/30/02 (dlb) (Entered: 09/20/2002) 249 MINUTE ORDER before Judge Wiley Y. Daniel; GRANTING Jack Dowell's Motion to extend time 30-45 days to file motions [241-1]; pretrial motions due 11/27/02; responses due 12/13/02; motions hearing reset to 1:30 1/16/03 for James Floyd Cleaver, for Thomas for Jack Dowell (ecm) (Entered: 09/25/2002) 254 MINUTE ORDER before Judge Wiley Y. Daniel; Jack Dowell's Motion For Appointment of Paralegal [250-1] is MOOT as Mr. Covino did not submit a CJA 21 w/the mtn and his paralegal signed the mtn; Mr. Covino chose to refile the mtn w/a CJA 21 (ecm) (Entered: 10/04/2002) 257 ORDER: approving Final Voucher for Expert other services Number 02 09 26/42 of James A. Castle for James Floyd Cleaver (former empl) (Entered: 10/11/2002) 262 ORDER by Judge Wiley Y. Daniel GRANTING Thomas Dowell's final cja form 20 [261-1] (SUPPRESSED) (ecm) (Entered: 11/13/2002) 260 TRANSCRIPT of Arraignment/Detention/Discovery dated 11/27/01; copy; (41 pages) Prepared By: Avery (ecm) (Entered: 10/22/2002) 267 ORDER: approving 06/24/02 - 10/19/02; #1 Interim Voucher Number 02 11 19/32 of Lynn Anne Pierce for James Floyd Cleaver (dlb) (Entered: 12/13/2002) 263 MOTION To Suppress by James Floyd Cleaver (ecm) (Entered: 11/25/2002) 264 JOINT MOTION For Additional Discovery by James Floyd Cleaver, Thomas Dowell, Jack Dowell (ecm) (Entered: 11/26/2002) 265 JOINT MOTION To Allow for Appointment of an Independent Medical Expert by James Floyd Cleaver, Thomas Dowell, Jack Dowell (ecm)

09/13/2002

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(Entered: 11/27/2002) 12/13/2002 12/13/2002 12/13/2002 268 RESPONSE by USA to Motion To Suppress [263-1] (ecm) (Entered: 12/16/2002) 269 RESPONSE by USA to Motion For Additional Discovery [264-1] (ecm) (Entered: 12/16/2002) 270 CONSOLIDATED RESPONSE by USA to Defendant's Motions (motion for disclosure of Impeachment Evidence re: dft and co-dfts [240-1], motion For Payment in Excess for Expert (Suppressed) [184-1], motion For Payment in Excess as to Expert (Suppressed) [171-1], motion For Appointment of Expert (SUPPRESSED) [209-1]) (ecm) (Entered: 12/16/2002) 274 COURTROOM MINUTES OF HEARING PENDING MOTIONS before Judge Wiley Y. Daniel; discussion re deft Cleaver's [263-1] Motion To Suppress; ORDER: deft Thomas Dowell's oral mtn to cont. trial date is GRANTED; the 10/28/03 trial date is VACATED; oral mtn to extend mtn deadline is GRANTED; pretrial motions due 9/4/03; responses due on/before 9/20/03; Court Reporter: Kara Spitler (ecm) (Entered: 01/22/2003) 275 EXHIBIT list by USA (ecm) (Entered: 01/22/2003) 280 AMENDED COURTROOM MINUTES OF HEARING ON MOTIONS before Judge Wiley Y. Daniel; these amended courtroom minutes replace and supersede minutes erroneously dated 1/16/02 [274-1] which should have been dated 1/16/03; deft James Cleaver's [263-1] Motion To Suppress raised for argument; witnesses; exhibits; defts remanded; Court Reporter: Kara Spitler (ecm) (Entered: 01/27/2003) 276 COURTROOM MINUTES OF HEARING ON MOTIONS before Judge Wiley Y. Daniel; ORER: Cleavers Motion To Suppress [263-1] is TAKEN UNDER ADVISEMENT; GRANTING in PART and DENYING in PART the Motion for disclosure of Impeachment Evidence re: dft and co-dfts [240-1]; the document identified by the court shall be produced to the court for an in-camera review by 2/3/03; govt shall file written responses why the document should not be produced to counsel for defts by 2/3/03; govt shall produce any documents in its current possession or available to the govt by 2/3/03; govt shall file written stmt as to the IS of the mtn for addtl discov. by 2/3/03; govt shall provide details as to 1F of the mtn for addtl discov. by 2/3/03; govt shall respond to 1G of the mtn for addtl discov. by 2/3/03; govt shall produce info contained in 1H and 1J of the mtn for addtl dicov. by 2/3/03; GRANTING Motion For Additional Discovery [264-1]; DENYING w/o prej. the Motion To Allow for Appointment of an Independent Medical Expert [265-1]; defts remanded; Reporter: Kara Spitler (ecm) (Entered: 01/22/2003) 277 Receipt for returned govt exhibits as to USA (ecm) (Entered: 01/22/2003) 279 MEMORANDUM Regarding Availability of Counsel for Trial Settings

01/16/2003

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Page 18 of 33 Page 18 of 33

by govt as to James Floyd Cleaver, Thomas Dowell, Jack Dowell (ecm) (Entered: 01/27/2003) 01/27/2003 281 ORDER on Pending Motions and Order of Transfer by Judge Wiley Y. Daniel; purs. to D.C.COLO.L.Civ.R 40.1 and with the consent of LTB and RPM, this case is TRANSFERRED to Judge Richard P. Matsch; this case shall hereafter be designated 01-CR-395-M; ORDER: DENYING J. Cleaver's Motion To Suppress [263-1]; DENYING T. Dowell's Motion To Sever Parties [40-1]; deft T. Dowell's motion to impanel "dual juries" raised at the 1/17/03 hearing is DENIED w/leave to refile before a trial of this matter; GRANTING J. Cleaver's Motion for disclosure of Impeachment Evidence re: dft and co-dfts [240-1]; defts Joint Motion For Additional Discovery [264-1] is GRANTED in PART and DENYING w/o prejudice in PART; DENYING Motion To Allow for Appointment of an Independent Medical Expert [265-1] (Cert of Mailing) (ecm) (Entered: 01/28/2003) 282 TRANSCRIPT of Hearing on Pending Motions, Day 1 dated 1/16/03; copy; (72 pages) Prepared By: Kara Spitler (ecm) (Entered: 01/29/2003) 283 TRANSCRIPT of Hearing on Pending Motions, Day 2 dated 1/17/03; copy; (73-127 pages) Prepared By: Kara Spitler (ecm) (Entered: 01/29/2003) 284 ORDER by Judge Richard P. Matsch; counsel and deft shall appear at 3:00 2/13/03 for James Floyd Cleaver, for Thomas Dowell, for Jack Dowell to set trial dates (Cert of Mailing) (ecm) (Entered: 01/30/2003) 285 RESPONSE by USA to Joint Motion For Additional Discovery [264-1] (ecm) (Entered: 02/04/2003) 287 COURTROOM MINUTES OF TRIAL SETTING HEARING before Judge Richard P. Matsch in-court hearing held on 2/13/03 ; court trial set for 4/7/03 for Jack Dowell as to Jack Dowell , in-court hearing held on 2/13/03 ; court trial set for 6/2/03 for James Floyd Cleaver, for Thomas Dowell as to James Floyd Cleaver, Thomas Dowell; Motion for dual jury demand by Mr. Gainor is denied; in accordance w/Rule 17, medical records and Mr. Sanders as a witness w/be supoenaed by the gov; dfts are moved from the Teller County facility to the FDC Court Reporter: Kathy Terasaki (dlb) (Entered: 02/18/2003) 289 ORDER SETTING TRIAL DATE by Judge Richard P. Matsch ; jury trial set for 9:00 4/7/03 for Jack Dowell; counsel to appear at 8:30 4/7/03 for pretrial matters. (Cert of Mailing) (former empl) (Entered: 02/19/2003) 290 ORDER SETTING TRIAL DATE by Judge Richard P. Matsch ; jury trial set for 9:00 6/2/03 for James Floyd Cleaver, for Thomas Dowell; counsel to appear at 8:30 6/2/03 for pretrial matters. (Cert of Mailing) (former empl) (Entered: 02/19/2003) 293 MOTION To Strike Language From the Indictment by USA (ecm) (Entered: 03/05/2003)

01/28/2003 01/28/2003

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02/03/2003 02/13/2003

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03/04/2003

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03/07/2003

294 TRANSCRIPT of DISCOVERY/DETENTION/MOTIONS HEARING as to Thomas Dowell and Jack Dowell dated 12/24/01; (68 pages) Prepared By: Avery (ecm) (Entered: 03/07/2003) 295 MINUTE ORDER before Judge Richard P. Matsch; a trial preparation conference set for 3:00 3/20/03 for Jack Dowell (ecm) (Entered: 03/11/2003) 296 JOINT MOTION For Dismissal of the Indictment, Motion for Disclosure of Grand Jury Colloquey, For In Chambers Voir Dire of Grand Jury Members, and For a Continuance of Jury Trial as Currently Set as to All Co-Defendants So That the Interests of Justice be Served by James Floyd Cleaver, Thomas Dowell, Jack Dowell (ecm) (Entered: 03/12/2003) 298 MINUTE ORDER before Judge Richard P. Matsch; regarding [296-1] Motion For Dismissal of the Indictment, [296-2] Motion for Disclosure of Grand Jury Colloquey, [296-3] Motion For In Chambers Voir Dire of Grand Jury Members and [296-4] Motion For a Continuance of Jury Trial as Currently Set as to All Co-Defendants So That the Interests of Justice be Served, a hearing is set for 2:00 3/19/03 for James Floyd Cleaver, for Thomas Dowell, for Jack Dowell (ecm) (Entered: 03/14/2003) 300 ORDER by Judge Richard P. Matsch granting motion for withdrawal of attorney [299-1] withdrawing attorney James S. Covino for Jack Dowell (Cert of Mailing) (former empl) (Entered: 03/18/2003) 305 ORDER by Judge Richard P. Matsch GRANTING Jack Dowell's Motion For Appointment of Expert (SUPPRESSED) [303-1] (Cert of Mailing) (ecm) (Entered: 03/20/2003) 297 MINUTE ORDER before Judge Richard P. Matsch; trial preparation conference set for 3:00 3/20/03 for Jack Dowell (ecm) (Entered: 03/14/2003) 301 RESPONSE by USA motion For In Chambers Voir Dire of Grand Jury Members, [296-3] regarding [296-3] (former empl) (Entered: 03/18/2003) 309 COURTROOM MINUTES OF MOTIONS HEARING/TRIAL PREPARAT before Judge Richard P. Matsch; DENYING Motion For Dismissal of the Indictment [296-1]; DENYING Motion for Disclosure Grand Jury Colloquey, [296-2]; DENYING Motion For In Chambers Voir Dire of Grand Jury Members [296-3]; DENYING Motion For a Continuance of Jury Trial as Currently Set as to All Co-Defendants So That the Interests of Justice be Served [296-4]; GRANTING Motion To Strike Language From Indictment [293-1]; parties proposed voir dire and defts proposed jury instructions are due 3/26/03; Court Reporter: ECR Kathy Terasaki (ecm) (Entered: 03/24/2003) (Utility Event) - Terminating Deadline(s) (ecm) (Entered: 03/24/2003) 312 ORDER by Judge Richard P. Matsch GRANTING Motion For Issuance of Subpoenas in Forma Pauperis [311-1] (Cert of Mailing) (ecm)

03/10/2003

03/11/2003

03/12/2003

03/12/2003

03/12/2003

03/13/2003

03/17/2003

03/20/2003

03/20/2003 03/27/2003

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?232872236170523-L_353_0-1

2/6/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

Filed 02/06/2007

Page 20 of 33 Page 20 of 33

(Entered: 03/28/2003) 03/27/2003 313 MINUTE ORDER before Judge Richard P. Matsch GRANTING govts' Motion For Enlargement of Time in Which to File Proposed Voir Dire Questions [310-1] to 3/31/03; (ecm) (Entered: 04/01/2003) 319 COURTROOM MINUTES OF TRIAL TO JURY - 1ST DAY before Judge Richard P. Matsch; deft Jack Dowell present w/counsel; jury sworn to try; trial began; witnesses; exhibits; ORDER: DENYING Motion To Exclude Testimony and Statements of Ronald Sherman [3181]; Court Reporter: ECR Kathy Terasaki (ecm) (Entered: 04/11/2003) 322 WITNESS list by USA (ecm) (Entered: 04/11/2003) 323 COURTROOM MINUTES OF TRIAL TO JURY - 2ND DAY before Judge Richard P. Matsch; deft Jack Dowell present w/counsel; witnesses; exhibits; court in recess; Court Reporter: ECR Kathy Terasaki (ecm) (Entered: 04/11/2003) 324 COURTROOM MINUTES OF TRIAL TO JURY - 3RD DAY before Judge Richard P. Matsch; deft Jack Dowell present w/counsel; witnesses; exhibits; ORDER: argument on defts RUle 20 motion is RESERVED; court in recess; Court Reporter: ECR Kathy Terasaki (ecm) (Entered: 04/11/2003) 327 ORDER Regarding Custody of Exhibits by Judge Richard P. Matsch (Cert of Mailing) (ecm) (Entered: 04/11/2003) 328 MINUTE ORDER before Judge Richard P. Matsch; sentencing hearing set for 9:30 6/20/03 for Jack Dowell (ecm) (Entered: 04/14/2003) (Utility Event) - Terminating Deadline(s) (ecm) (Entered: 04/21/2003) 330 SENTENCING STATEMENT re Jack Dowell by USA (ecm) (Entered: 04/28/2003) 331 MINUTE ORDER before Judge Richard P. Matsch; trial preparation conference set for 2:00 5/19/03 for James Floyd Cleaver, for Thomas Dowell (ecm) (Entered: 04/30/2003) 332 ORDER Denying Request for Trial Transcript by James Cleaver by Judge Richard P. Matsch (Cert of Mailing) (ecm) (Entered: 04/30/2003) 333 MOTION For Appointment of Expert - Additional (SUPPRESSED) by James Floyd Cleaver (ecm) (Entered: 04/30/2003) 338 MOTION for self representation with advisory counsel by James Floyd Cleaver (dlb) (Entered: 05/06/2003) 339 ORDER by Judge Richard P. Matsch granting motion For Appointment of Expert - Additional (SUPPRESSED) [333-1] (Cert of Mailing) (dlb) (Entered: 05/12/2003) 340 REPORTER'S TRANSCRIPT of Trial to Jury - Day 2 on April 8, 2003 before Richard P. Matsch (Re:) Pgs 1 - 53 certified copy Prepared By:

04/07/2003

04/07/2003 04/08/2003

04/09/2003

04/10/2003 04/10/2003 04/10/2003 04/25/2003 04/29/2003

04/29/2003 04/29/2003 05/05/2003 05/06/2003

05/13/2003

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?232872236170523-L_353_0-1

2/6/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

Filed 02/06/2007

Page 21 of 33 Page 21 of 33

Federal Reporting (dlb) (Entered: 05/14/2003) 05/13/2003 341 REPORTER'S TRANSCRIPT of Trial to Jury - Day 3 on April 9, 2003 before Richard P. Matsch (Re:) Pgs 1 - 37 certified copy Prepared By: Federal Reporting (dlb) (Entered: 05/14/2003) 344 CERTIFICATE of mailing from probation that the presentence report was mailed as to Jack Dowell. (former empl) (Entered: 05/19/2003) 346 COURTROOM MINUTES Time Court Began: 2:00 pm Time Court Ended: 2:32 pm OF FINAL PRETRIAL CONF. before Judge Richard P. Matsch granting motion for self representation with advisory counsel [338-1]; Deft Thomas Dowell's Motion for Severance/Separate Trial is DENIED; deft Cleaver's oral discovery motion with respect to medical records is denied; defts to have 12 peremptory challenges, 6 a piece; proposed instructions, voir dire to be submitted to Court's chambers 5/27/03. Court Reporter: Kathy Terasaki (former empl) (Entered: 05/21/2003) 347 ORDER by Judge Richard P. Matsch denying motion to continue sentencing [343-1] (Cert of Mailing) (former empl) (Entered: 05/21/2003) 348 MOTION for order compelling testimony purs to 18 USC 6001-6003 by James Floyd Cleaver, Thomas Dowell (former empl) (Entered: 05/22/2003) 349 JOINT MOTION to sever of defts by James Floyd Cleaver, Thomas Dowell (former empl) (Entered: 05/22/2003) 353 SUPPLEMENT TO MOTION motion for order compelling testimony purs to 18 USC 6001-6003 [348-1] by USA (dlb) (Entered: 05/28/2003) 350 COURTROOM MINUTES Time Court Began: 9:59 am Time Court Ended: 10:47 am OF HEARING ON MOTIONS before Judge Richard P. Matsch denying motion to sever of defts regarding [348-1] motion for order compelling testimony to 18 USC 6001-6003 motion set for hearing at 10:30 5/28/03 for James Floyd Cleaver, for Thomas Dowell; deft Jack Dowell shall be present; defts James Cleaver and Thomas Dowell do not need to be present; the testimony of witnesses Russell Frederick, Scott Marshall and King David will not be allowed at trial. Court Reporter: Geneva Mattei (former empl) (Entered: 05/27/2003) Tendered Voir Dire Questions submitted by plaintiff USA (dlb) (Entered: 05/30/2003) 352 REPORTER'S TRANSCRIPT of Trial to Jury - Day 3 on April 9, 2003 before Richard P. Matsch (Re:) Pgs 1 - 24 certified copy Prepared By: Federal Reporting Service, Inc (dlb) (Entered: 05/28/2003) Joint Proposed (Tendered) Voir Dire Questions submitted by defendant (dlb) (Entered: 05/30/2003) Proposed Tendered Jury Instructions submitted by defendant (dlb)

05/16/2003 05/19/2003

05/19/2003

05/21/2003

05/21/2003 05/22/2003 05/23/2003

05/23/2003 05/27/2003

05/27/2003 05/27/2003

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?232872236170523-L_353_0-1

2/6/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

Filed 02/06/2007

Page 22 of 33 Page 22 of 33

(Entered: 05/30/2003) 05/28/2003 05/28/2003 354 MOTION to strike testimony of Ronald Sherman by James Floyd Cleaver pro se (dlb) (Entered: 05/29/2003) 355 COURTROOM MINUTES Time Court Began: 10:30 am Time Court Ended: 10:56 am OF MOTIONS HEARING before Judge Richard P. Matsch granting motion for order compelling testimony purs to 18 USC 6001-6003 [348-1] Court Reporter: ECR: Kathy Terasaki (dlb) (Entered: 05/29/2003) 356 ORDER COMPELLING TESTIMONY by Judge Richard P. Matsch (Cert of Mailing) (dlb) (Entered: 05/29/2003) 357 MOTION in limine re: weapons seized from dfts' residence by James Floyd Cleaver pro se (dlb) (Entered: 05/29/2003) 358 MOTION in limine re: fuse box top allegedly found in box of items from dft Cleaver's residence by James Floyd Cleaver (dlb) (Entered: 05/29/2003) 359 MOTION in limine re: gun allegedly in possession of dft Cleaver by James Floyd Cleaver (dlb) (Entered: 05/29/2003) 360 MOTION in limine re: testimony of confession and threat made to Gloria McIntosh by dft by James Floyd Cleaver, pro se (dlb) (Entered: 05/30/2003) 361 MOTION to sever by USA regarding James Floyd Cleaver, Thomas Dowell, Jack Dowell (dlb) (Entered: 05/30/2003) 362 COURTROOM MINUTES Time Court Began: 3:17 pm Time Court Ended: 3:41 pm OF MOTION TO SEVER before Judge Richard P. Matsch granting gov's motion to sever dfts; dft Thomas Dowell will proceed to trial on Counts 1 and 2 on 6/2/03; trial for dft Cleaver is scheduled for 7/28/03; add'l mtns for Cleaver is set for 6/30/03; dft' Cleaver's oral req for transcript of the trial testimony of Thomas Dowell, Mr. Sherman and Ms. McIntosh is granted [361-1] Court Reporter: ECR Kathy Terasaki (dlb) (Entered: 06/03/2003) 364 ORDER by Judge Richard P. Matsch granting motion to sever [361-1] ; jury trial set for 6/2/03 for Thomas Dowell , ; jury trial set for 7/28/03 for James Floyd Cleaver ; pretrial motions set for 6/30/03 for James Floyd Cleaver (Cert of Mailing) (dlb) (Entered: 06/04/2003) 369 WITNESS list by plaintiff USA (dlb) (Entered: 06/09/2003) 366 CJA Form 20 Copy 4 (Appointment of Counsel) David Lane Attorney appointed for Gloria McIntosh as a witness by Judge Richard P. Matsch (former empl) (Entered: 06/09/2003) 372 COURTROOM MINUTES Time Court Began: 9:00 am Time Court Ended: 4:08 pm OF TRIAL TO JURY - DAY TWO before Judge Richard P. Matsch; ORDERED: government will turn over grand jury

05/28/2003 05/29/2003 05/29/2003

05/29/2003 05/29/2003

05/29/2003 05/30/2003

06/01/2003

06/02/2003 06/03/2003

06/03/2003

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?232872236170523-L_353_0-1

2/6/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

Filed 02/06/2007

Page 23 of 33 Page 23 of 33

transcripts to Mr. Lane; all reports, transcripts and videotapes with respect to Ms. McIntosh are to be turned over to Mr. Lane Court Reporter: ECR Kathy Terasaki (dlb) Modified on 06/09/2003 (Entered: 06/09/2003) 06/04/2003 373 COURTROOM MINUTES Time Court Began: 9:00 am Time Court Ended: 4:15 pm OF TRIAL TO JURY - DAY THREE before Judge Richard P. Matsch; ORDERED: government's objection to dft's Exhibit T is overruled; dft's oral mtn to dismiss is denied; dft's oral mtn to strike is denied; dft's Rule 29 motion, Judgment of Acquittal, is denied; dft's renewed mtn of all previous mtns are denied; copies of all government agent's interview reports with respect to Gloria McIntosh and Ms. Houston are retained as part of court's record; Court Reporter: ECR Kathy Terasaki (dlb) (Entered: 06/09/2003) 374 COURTROOM MINUTES Time Court Began: 9:00 am Time Court Ended: 4:30 pm OF TRIAL TO JURY - DAY FOUR before Judge Richard P. Matsch; ORDERED: dft's renewed and reaffirmed motions are denied; Court Reporter: ECR Kathy Terasaki (dlb) (Entered: 06/09/2003) 376 STIPULATION and order by Judge Richard P. Matsch regarding custody of exhibits (dlb) (Entered: 06/09/2003) 379 LETTER to court re: addendum to PSI as to Jack Dowell (dlb) (Entered: 06/12/2003) 384 MOTION to suppress evidence derived from search warrant on new grounds by pro se James Floyd Cleaver (dlb) (Entered: 06/25/2003) 385 TRANSCRIPT of Trial to Jury Day 3 before Judge Matsch on 6/4/03 ( 1139 pages) Prepared By: Federal Reporting (former empl) (Entered: 06/26/2003) 386 MOTION to strike Scott Allan Marshall as Witness as Sanction for Govt's Investiative Misconduct in Violation of Deft's Sixth Amendment Right to Cousnel filed pro se by James Floyd Cleaver (former empl) (Entered: 06/30/2003) 387 MOTION to exclude testimony of Ronald L. Sherman based upon due process, the Fifth Amendment by pro se dft, James Floyd Cleaver (dlb) (Entered: 06/30/2003) 388 LETTER to court re: second addendum to PSI as to Jack Dowell (dlb) (Entered: 07/14/2003) 390 ORDER: approving Final Voucher Number 030622/2 regarding advisement (dlb) (Entered: 07/15/2003) 391 MINUTE ORDER; before Judge Richard P. Matsch regarding dft James Cleaver's [384-1] motion to suppress evidence derived from search warrant on new grounds, [386-1] motion to strike Scott Allan Marshall as Witness as Sanction for Govt's Investiative Misconduct in Violation of Deft's Sixth Amendment Right to Cousnel and [387-1] motion to exclude

06/05/2003

06/06/2003 06/12/2003 06/25/2003 06/25/2003

06/27/2003

06/30/2003

07/11/2003 07/15/2003 07/15/2003

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?232872236170523-L_353_0-1

2/6/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

Filed 02/06/2007

Page 24 of 33 Page 24 of 33

testimony of Ronald L. Sherman based upon due process, the Fifth Amendment motion hearing set for 11:00 7/22/03 for James Floyd Cleaver as to James Floyd Cleaver (dlb) (Entered: 07/16/2003) 07/16/2003 07/17/2003 393 LETTER to court re: third addenum to PSI as to Jack Dowell (dlb) (Entered: 07/17/2003) 392 REPORTER'S TRANSCRIPT of Trial to Jury - Day 4 on June 5, 2003 before Richard P. Matsch (Re:) Pgs 1 - 55 certified copy Prepared By: Federal Reporting (dlb) (Entered: 07/17/2003) 400 Ex parte MOTION for authorization of investigation service (SUPPRESSED) by dft pro se James Floyd Cleaver (dlb) (Entered: 07/22/2003) 394 RESPONSE by plaintiff USA to motion to suppress evidence derived from search warrant on new grounds [384-1] (dlb) (Entered: 07/21/2003) 395 EXHIBITS motion response [394-1], motion to suppress evidence derived from search warrant on new grounds [384-1] (dlb) (Entered: 07/21/2003) 396 RESPONSE by plaintiff USA to motion to strike Scott Allan Marshall as Witness as Sanction for Govt's Investiative Misconduct in Violation of Deft's Sixth Amendment Right to Cousnel [386-1] (dlb) (Entered: 07/21/2003) 397 RESPONSE by plaintiff USA [389-1] regarding [389-1] supplement re: objection to enhancement purs to section 3A1.4(a) (dlb) (Entered: 07/21/2003) 398 RESPONSE by plaintiff USA to motion to exclude testimony of Ronald L. Sherman based upon due process, the Fifth Amendment [387-1] (dlb) (Entered: 07/21/2003) 399 MOTION to strike witnesses by dft pro se James Floyd Cleaver (dlb) (Entered: 07/22/2003) 404 COURTROOM MINUTES Time Court Began: 11:03 am Time Court Ended: 11:18 am OF MOTIONS HEARING before Judge Richard P. Matsch denying motion to dismiss count(s) as to James Floyd Cleaver (1) count(s) 1, 2, 3, 4 [403-1], denying motion to strike witnesses [399-1], denying motion to exclude testimony of Ronald L. Sherman based upon due process, the Fifth Amendment [387-1], denying motion to strike Scott Allan Marshall as Witness as Sanction for Govt's Investiative Misconduct in Violation of Deft's Sixth Amendment Right to Cousnel [386-1], denying motion to suppress evidence derived from search warrant on new [384-1] Court Reporter: Kathy Terasaki (former empl) (Entered: 07/23/2003) 405 ORDER by Judge Richard P. Matsch granting motion for authorization of investigation service (SUPPRESSED) [400-1] (Cert of Mailing) (dlb) (Entered: 07/28/2003)

07/17/2003

07/18/2003 07/18/2003

07/18/2003

07/18/2003

07/18/2003

07/21/2003 07/22/2003

07/22/2003

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?232872236170523-L_353_0-1

2/6/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00395-RPM Document 539-3

Filed 02/06/2007

Page 25 of 33 Page 25 of 33

07/22/2003

423 ORDER by Judge Richard P. Matsch granting motion for authorization of investigation service (SUPPRESSED) [400-1] (Cert of Mailing) (dlb) (Entered: 08/06/2003) 403 MOTION filed pro se to dismiss count(s) as to James Floyd Cleaver (1) count(s) 1, 2, 3, 4 by James Floyd Cleaver (former empl) (Entered: 07/23/2003) 407 Proposed WITNESS list by defendant James Floyd Cleaver (dlb) (Entered: 08/04/2003) 408 Proposed WITNESS list by plaintiff USA (dlb) (Entered: 08/04/2003) 409 MOTION in limine re: references to 1999 fire and/or other crimes or wrongs by James Floyd Cleaver (dlb) (Entered: 08/04/2003) 410 MOTION in limine re: fuse box top allegedly found in box of items from dft Cleaver's residence by James Floyd Cleaver (dlb) (Entered: 08/04/2003) 411 MOTION in limine re: confrontation between dft and ATF Agents Kent Florence and Sam Monoskalko by James Floyd Cleaver (dlb) (Entered: 08/04/2003) 412 COURTROOM MINUTES Time Court Began: 8:39 am Time Court Ended: 4:37 pm OF TRIAL TO JURY - DAY ONE before Judge Richard P. Matsch Jury Trial Began as to James Floyd Cleaver finding the motion in limine re: confrontation between dft and ATF Agents Kent Florence and Sam Monoskalko [411-1] moot, finding the motion in limine re: references to 1999 fire and/or other crimes or wrongs [409-1] moot Court Reporter: ECR: Kathy Terasaki (Adriene Whitlow Ct reporter from 8:30 to 11:00 am only) (dlb) Modified on 12/16/2003 (Entered: 08/04/2003) 413 COURTROOM MINUTES Time Court Began: 9:00 am Time Court Ended: 4:32 pm OF TRIAL TO JURY - DAY TWO before Judge Richard P. Matsch Court Reporter: ECR: Kathy Terasaki (dlb) (Entered: 08/04/2003) 414 MOTION for payment of witness travel expenses by James Floyd Cleaver (dlb) (Entered: 08/04/2003) 415 STIPULATION by