Free Letter Transmitting Notice of Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod Case 1:01-cr-00192-LTB

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APPEAL, TERMED

U.S. District Court District of Colorado (Denver) CRIMINAL DOCKET FOR CASE #: 1:01-cr-00192-LTB All Defendants

Case title: USA v. Vigil

Date Filed: 05/23/2001 Date Terminated: 08/29/2002

Assigned to: Judge Lewis T. Babcock Defendant (1) Isaac Vigil TERMINATED: 08/29/2002 represented by Charles Szekely Federal Public Defender's OfficeColorado 633 17th Street #1000 Denver, CO 80202 303-294-7002 TERMINATED: 08/29/2002 LEAD ATTORNEY Designation: Public Defender or Community Defender Appointment Virginia L. Grady Office of the Federal Public Defender 633 Seventeenth Street #1000 Denver, CO 80202 303-294-7002 Fax: 303-294-1192 Email: [email protected] ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment Pending Counts Disposition deft shall be impr. for 48 mos. to run consec. to the sent. imposed in Adams County Dist. Ct.; 3 yrs. sup. rel.; deft shall participate in a prog. of testing & trtmt for drug abuse as dir. by p.o. and shall pay the costs; $100 to CVF due immedia tely; deft remanded;

18:922G.F felon in possession of a firearm (1)

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CM/ECF - U.S. District Court:cod Case 1:01-cr-00192-LTB

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

Plaintiff USA TERMINATED: 08/29/2002 represented by Suneeta Hazra U.S. Attorney's Office-Denver 1225 17th Street East Seventeenth Street Plaza #700 Denver, CO 80202 303-454-0100 Fax: 454-0403 Email: [email protected] TERMINATED: 08/29/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Docket Text 1 2 3 4 5 INDICTMENT by USA Counts filed against Isaac Vigil (1) count(s) 1 (former empl) (Entered: 05/24/2001) ARREST Warrant issued for Isaac Vigil by clerk of the court pursuant to Magistrate Judge Craig B. Shaffer (former empl) (Entered: 05/24/2001) PETITION for Writ of HC Ad Pros by USA (ecm) (Entered: 06/25/2001) ORDER by Chief Judge Lewis T. Babcock GRANTING Petition for Writ [3-1] (Cert of Mailing) (ecm) (Entered: 06/27/2001) WRIT of HC Ad Pros as to Isaac Vigil; returnable forthwith; issued by the Clerk (ecm) (Entered: 06/27/2001) ARREST of defendant Isaac Vigil on 7/6/01 (ecm) (Entered: 07/11/2001) 7 COURTROOM MINUTES OF INITIAL APPEARANCE before Magistrate Judge Michael J. Watanabe; initial appearance of Isaac Vigil

Date Filed 05/23/2001 05/23/2001 06/22/2001 06/26/2001 06/26/2001 07/06/2001 07/06/2001

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CM/ECF - U.S. District Court:cod Case 1:01-cr-00192-LTB

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without counsel; ORDER: appointing federal public defender as to Isaac Vigil; ORDER: detention, arraignment and discov. conf. set for 10:45 7/11/01 for Isaac Vigil before Magistrate Judge Michael J.; deft remanded Court Reporter: Tape 01-100 (ecm) (Entered: 07/11/2001) 07/06/2001 07/09/2001 07/09/2001 07/11/2001 8 6 9 11 CJA Form 23 (Financial Affidavit) as to Isaac Vigil (ecm) (Entered: 07/11/2001) ENTRY OF APPEARANCE for defendant Isaac Vigil by Attorney Charles Szekely (ecm) (Entered: 07/10/2001) ORDER by Magistrate Judge Michael J. Watanabe as to Isaac Vigil for Appointment of Public Defender (ecm) (Entered: 07/11/2001) DISCOVERY HEARING REPORT before Magistrate Judge Michael J. Watanabe; 2 estimated trial days as to Isaac Vigil (ecm) (Entered: 07/13/2001) COURTROOM MINUTES OF ARRAIGNMENT/DETENTION/DISCOVERY before Magistrate Judge Michael J. Watanabe; dft Isaac Vigil arraigned; NOT GUILTY plea entered; Attorney present; 30 day min to trial 8/10/01; 70 day max to trial 9/14/01; 90 day custody limit 10/4/01; discov. rpt. executed; ORDER: court finds deft is a flight risk and shall be detained pending final resolution of this case; deft remanded; Court Reporter: Tape 01-102 Interpreter: Ruth Warner (ecm) (Entered: 07/13/2001) MINUTE ORDER before Chief Judge Lewis T. Babcock; pretrial motions due 7/31/01 for Isaac Vigil; responses due 8/14/01 (ecm) (Entered: 07/13/2001) ORDER by Magistrate Judge Michael J. Watanabe to detain as to Isaac Vigil (Cert of Mailing) (former empl) (Entered: 07/16/2001) MOTION For Psychiatric Evaluation examination by Isaac Vigil (ecm) (Entered: 08/17/2001) ORDER by Chief Judge Lewis T. Babcock; regarding [14-1] Motion For Psychiatric Evaluation, a competency hearing set for 9:00 8/28/01 for Isaac Vigil (Cert of Mailing) (ecm) (Entered: 08/20/2001) COURTROOM MINUTES OF HEARING ON MOTION FOR PSYCHIATRIC EVALUATION before Chief Judge Lewis T. Babcock; deft Isaac Vigil present w/counsel; ORDER: GRANTING Motion For Psychiatric Evaluation examination [14-1] medical examination ordered for Isaac Vigil; further status hearing set for 8:30 10/23/01 for Isaac Vigil Reporter: Adrianne Whitlow Interpreter: Adriana Weisz (ecm) (Entered: 08/29/2001) ORDER by Chief Judge Lewis T. Babcock; further status hearing set for 8:30 10/23/01 for Isaac Vigil (Cert of Mailing) (ecm) (Entered: 08/29/2001) ORDER by Chief Judge Lewis T. Babcock; ORDER: GRANTING [14-

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1] Motion For Psychiatric Evaluation; Dr. Walter Torres shall conduct a psychiatric exam of the deft and shall file a report w/the court; (Cert of Mailing) (ecm) (Entered: 08/29/2001) 10/23/2001 19 COURTROOM MINUTES OF STATUS CONFERENCE before Chief Judge Lewis T. Babcock; deft Isaac Vigil present w/counsel; ORDER: competency hearing set for 1:30 for Isaac Vigil as to Isaac Vigil Court Reporter: Gwen Daniel Interpreter: Melinda Gonzales-Hibner (ecm) (Entered: 10/25/2001) ORDER by Chief Judge Lewis T. Babcock; competency hearing set for 1:30 11/8/01 for Isaac Vigil (Cert of Mailing) (ecm) (Entered: 10/25/2001) COURTROOM MINUTES OF COMPETENCY HEARING before Chief Judge Lewis T. Babcock; det Isaac Vigil present w/counsel; the court has established that deft is INCOMPETENT to proceed w/in the meaning of 18:4241(a); ORDER: deft is committed to the custody of the Atty Gen.; the Atty Gen shall hospitalize the deft for trtmt in a suitable facility for such a reasonable period of time, not to exceed 4 mos.; to determine if there is a substantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed; the facility shall report in writing to the court in 90 days whether there is a substantial probability that in the foreseeable future the deft will attain the capacity to permit the trial to proceed; orig. joint exh. no. 1 SEALED; Court Reporter: Gwen Daniel Marcela Salazar, Melinda Gonzales-Hibner (ecm) (Entered: 11/09/2001) JOINT EXHIBIT No. 1 from competency hrg. minutes [21-1] (ecm) (Entered: 11/13/2001) ORDER by Chief Judge Lewis T. Babcock regarding [14-1] Motion For Psychiatric Evaluation; ORDER: the court concludes deft is suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to assist properly in his defense; deft is committed to the custody of the Atty Gen for hospitalization in a suitable facility for a reasonable period of time, not to exceed 4 mos.; the facility is to file a report w/the court in 90 days addressing whether there is substantial probability that in the foreseeable future deft will attain the capacity to permit the trial to proceed (Cert of Mailing) (ecm) (Entered: 11/13/2001) ORDER by Chief Judge Lewis T. Babcock ; status hearing set for 9:30 4/23/02 for Isaac Vigil (Cert of Mailing) (former empl) (Entered: 03/29/2002) COURTROOM MINUTES OF STATUS/SCHEDULING HEARING before Chief Judge Lewis T. Babcock; deft Isaac Vigil present w/counsel; ORDER: competency/scheduling hearing set for 2:00 5/9/02 for Isaac Vigil Court Reporter: Gwen Daniel (ecm) (Entered: 04/24/2002) ORDER by Chief Judge Lewis T. Babcock; competency hearing set for 2:00 5/9/02 for Isaac Vigil (Cert of Mailing) (ecm) (Entered: 04/24/2002)

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COURTROOM MINUTES OF COMPETENCY HEARING/SCHEDULING before Chief Judge Lewis T. Babcock; deft Isaac Vigil present w/counsel; the Rochester, Minnesota's physicians have concluded that the deft is competent to proceed in this case; Court Exh. Z (orig. rpt.) is admitted under SEAL; purs. to 18:4241 deft is restored to competency and is determined to be competent to proceed; deft is discharged from the custody of the Atty Gen.; ORDER: change of plea hearing set for 8:30 5/24/02 for Isaac Vigil; deft remanded Court Reporter: Gwen Daniel Interpreter: Adriana Weisz (ecm) (Entered: 05/10/2002) COMPETENCY REPORT by Rochester, Minnesota physicians re Isaac Vigil regarding [27-3] minutes (SEALED) (ecm) (Entered: 05/10/2002) ORDER by Chief Judge Lewis T. Babcock; regarding [14-1] Motion For Psychiatric Evaluation examination; deft has been restored to competency as the court finds deft is not suffering from a mental disease or defect (Cert of Mailing) (ecm) (Entered: 05/13/2002) PLEA Agreement as to Isaac Vigil (dlb) (Entered: 05/28/2002) Sentencing STATEMENT by Isaac Vigil (dlb) (Entered: 05/28/2002) COURTROOM MINUTES OF ARRAIGNMENT before Chief Judge Lewis T. Babcock dft Isaac Vigil arraigned; GUILTY TO COUNT ONE plea entered; Attorney present; , GUILTY plea entered by Isaac Vigil , change of plea hearing held on 5/24/02 ; sentencing hearing set for 8:00 8/7/02 for Isaac Vigil as to Isaac Vigil Court Reporter: Gwen Daniel Interpreter: maria Freiberg (dlb) (Entered: 05/28/2002) ORDER by Chief Judge Lewis T. Babcock ; sentencing hearing set for 8:00 8/7/02 for Isaac Vigil; dft must be present (Cert of Mailing) (dlb) (Entered: 05/28/2002) ORDER by Chief Judge Lewis T. Babcock; sentencing hearing set for 8:30 8/29/02 for Isaac Vigil (Cert of Mailing) (ecm) (Entered: 07/03/2002) Sentencing Letter ; sentencing hearing set for 8:30 8/29/02 for Isaac Vigil ; Objections Due 8/12/02 for Isaac Vigil ; final report due 8/20/02 for Isaac Vigil (ecm) (Entered: 07/29/2002) Sentencing Letter; final report submitted 8/13/02 by prob. re Isaac Vigil (ecm) (Entered: 08/21/2002) COURTROOM MINUTES OF SENTENCING before Chief Judge Lewis T. Babcock; sentencing Isaac Vigil on count 1; deft shall be impr. for 48 mos. to run consec. to the sent. imposed in Adams County Dist. Ct.; 3 yrs. sup. rel.; deft shall participate in a prog. of testing & trtmt for drug abuse as dir. by p.o. and shall pay the costs; $100 to CVF due immediately; deft remanded; case terminated, Court Reporter: Gwen Daniel (ecm) (Entered: 08/30/2002) JUDGMENT and Commitment signed as to Isaac Vigil by Chief Judge

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Lewis T. Babcock; eod 9/5/02 (copies distrib) (ecm) (Entered: 09/05/2002) 09/11/2002 09/16/2002 10/22/2002 02/09/2007 02/12/2007 02/12/2007 04/02/2007 39 40 41 42 43 44 45 ARREST Warrant returned unexecuted as to Isaac Vigil (ecm) (Entered: 09/12/2002) RETURN OF SERVICE on writ as to Isaac Vigil on 9/12/02 (ecm) (Entered: 09/17/2002) JUDGMENT and Commitment returned executed on 10/16/02 as to Isaac Vigil; deft delvd to FCI, Englewood, (ecm) (Entered: 10/22/2002) Sealed Document (mjg, ) (Entered: 02/12/2007) Sealed Document (mjg, ) (Entered: 02/12/2007) Sealed Document (mjg, ) (Entered: 02/12/2007) Minutes of Initial Appearance on Supervised Release Violation before Magistrate Judge Michael J. Watanabe: Initial Appearance of Isaac Vigil w/o counsel; ORDER: FPD apptd.; ORDER: Detention and Preliminary Revocation Hearing set for 4/5/2007 10:00 AM before Magistrate Judge Michael J. Watanabe; deft remanded. (Tape #FTR MJW PM.) (ecm, ) (Entered: 04/03/2007) Sealed Document - Financial Affidavit (ecm, ) (Entered: 04/03/2007) Arrest Warrant Returned Executed on 4/2/07 in case as to Isaac Vigil. (ecm, ) (Entered: 04/03/2007) NOTICE OF ATTORNEY APPEARANCE: Virginia L. Grady appearing for Isaac Vigil (Grady, Virginia) (Entered: 04/03/2007) MINUTE ORDER: Detention and Preliminary hearing set for April 5, 2007 at 10:00am has been rescheduled to April 5, 2007 at 11:00am per joint request of counsel. (klw) (Entered: 04/03/2007) Minutes of Preliminary and Detention Hearing on Supervised Release Violation before Magistrate Judge Michael J. Watanabe: deft Isaac Vigil present w/counsel; deft waived prelim. hrg.; deft is not contesting deten.; ORDER: deft shall be detained w/o bond; deft remanded (Tape #FTR MJW AM.) (ecm, ) (Entered: 04/05/2007) WAIVER of Preliminary Hearing by Isaac Vigil (ecm, ) (Entered: 04/06/2007) FINDINGS OF FACT, CONCLUSIONS OF LAW AND REASONS FOR ORDER OF DETENTION as to Isaac Vigil. Signed by Magistrate Judge Michael J. Watanabe on 4/5/07. (ecm, ) (Entered: 04/06/2007) MINUTE ORDER Supervised Release Violation Hearing set for 5/4/2007 11:00 AM before Chief Judge Lewis T. Babcock. (ecml, ) (Entered: 04/10/2007) Minutes of Supervised Release Violation Hearing before Chief Judge

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Lewis T. Babcock: deft Isaac Vigil present w/counsel; ORDER: Supervised Release Violation Hearing CONT. to 5/14/2007 11:00 AM before Chief Judge Lewis T. Babcock. (Court Reporter Gwen Daniel.) (ecm, ) (Entered: 05/04/2007) 05/04/2007 55 MINUTE ORDER; Supervised Release Violation Hearing set for 5/14/07 at 11:00 AM for Isaac Vigil before Chief Judge Lewis T. Babcock (ecm, ) (Entered: 05/04/2007) Minutes of Supervised Release Violation Hearing before Chief Judge Lewis T. Babcock: deft Isaac Vigil present w/counsel; deft admits viols. 2-6; govt to dismiss viol. 1; ORDER: Court Finds deft has violated conds. of sup. rel.; ORDER: defts conds. are modified to require up to 6 mos. halfway hse.; ORDER: Compliance Review Hearing set for 8/14/2007 08:00 AM before Chief Judge Lewis T. Babcock; deft remanded. (Court Reporter Gwen Daniel.) (ecm, ) (Entered: 05/14/2007) MINUTE ORDER; Compliance Review Hearing set for 8/14/2007 08:00 AM before Chief Judge Lewis T. Babcock. (ecm, ) (Entered: 05/14/2007) ORDER Reinstating Supervised Release and Modifying the Conditions of Supervised Release as to Isaac Vigil; deft shall reside in a residential reentry center for a period not to exceed 180 days to commence when bed space is avail.; Compliance Review Hearing set for 8/14/07 08:00 AM before Chief Judge Lewis T. Babcock; Signed by Judge Lewis T. Babcock on 5/17/07. (ecm, ) (Entered: 05/17/2007) TEXT ENTRY ONLY; Compliance Review Hearing set for 8/14/2007 08:00 AM as to Isaac Vigil before Chief Judge Lewis T. Babcock; No Document Attached. (ecm, ) (Entered: 05/17/2007) Sealed Document (ecm, ) Modified on 12/18/2007 to unseal pursuant to the arrest of the defendant. (nmmsl, ). (Entered: 07/05/2007) Sealed Document (ecm, ) Modified on 12/18/2007 to unseal pursuant to arrest of the defendant (nmmsl, ). (Entered: 07/05/2007) Sealed Document (ecm, ) Modified on 12/18/2007 to unseal pursuant to arrest of the defendant (nmmsl, ). (Entered: 07/05/2007) MINUTE ORDER; due to the W/A for Isaac Vigil, the 8/14/07 Compliance Review Hrg. is VACATED until further notice by Judge Lewis T. Babcock (ecm, ) (Entered: 08/03/2007) Rule 5(c)(3) Documents Received from the Western District of Washington as to Isaac Vigil (tllsl, ) (Entered: 11/16/2007) Minute Entry for Initial Appearance on Violation of Supervised Release as to Isaac Vigil held before Magistrate Judge Craig B Shaffer on 12/18/2007; Deft present w/o counsel. Financial affi tendered to ct. ORDERED: Virginia Grady from the FPD is apptd. to represent the deft. Govt moves for detention. ORDERED: Detention and Preliminary Hearing set for 12/21/2007 11:00 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer. Deft remanded. (Tape #FTR CBS

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PM.) (lmw, ) (Entered: 12/19/2007) 12/18/2007 12/19/2007 12/21/2007 67 65 68 Sealed Document - Financial Affidavit (lmw, ) (Entered: 12/19/2007) NOTICE OF ATTORNEY APPEARANCE: Virginia L. Grady appearing for Isaac Vigil (Grady, Virginia) (Entered: 12/19/2007) Minute Entry for Preliminary and Detention Hearing on Supervised Release as to Isaac Vigil held before Magistrate Judge Craig B Shaffer on 12/21/2007; Waiver of prelim. hearing by the deft. Deft advised and did not oppose detention at this time. ORDERED: Deft to be detained pending resolution. (Tape #FTR CBS PM.) (lmw, ) (Entered: 12/26/2007) WAIVER of Rule 5(c)(3) Hearing by Isaac Vigil (lmw, ) (Entered: 12/27/2007) ORDER OF DETENTION as to Isaac Vigil. Signed by Magistrate Judge Craig B Shaffer on 12/26/07. (lmw, ) (Entered: 12/26/2007) MINUTE ORDER; Supervised Release Violation Hearing as to Isaac Vigil is set for 2/4/2008 02:00 PM in Courtroom C401 before Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 1/14/08. (lmw, ) (Entered: 01/14/2008) Minute Entry for Violation of Supervised Release as to Isaac Vigil held before Judge Lewis T. Babcock on 2/4/2008; Deft is sentenced as reflected on the record. Deft is remanded. (Court Reporter Darlene Martinez.) (lmwsl, ) (Entered: 02/04/2008) Arrest Warrant Returned Executed on 12/17/07 in case as to Isaac Vigil. (lmwsl, ) (Entered: 02/05/2008) JUDGMENT for Revocation as to defendant Isaac Vigil.. Signed by Judge Lewis T. Babcock on 2/13/08. (tllsl, ) (Entered: 02/13/2008) NOTICE OF APPEAL re 74 Judgment for Revocation, 72 Supervised Release - Final Revocation Hrg by Isaac Vigil. Filed by Pro se; has Court appointed counsel; Notice mailed to all counsel on 02/14/08. (Attachments: # 1 Envelope)(bjr2, ) (Entered: 02/14/2008)

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