Free Designation of Record on Appeal - District Court of Colorado - Colorado

CMIECF - US. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage I or L I Page 1 of 27

APPEAL, TERMED, TERMED

U.S. District Court District of Colorado (Denver) CRIMINAL DOCKET FOR CASE #: 1:Ol-cr-00165-EWN-1
Case title: USA v. Celio, et a1 Assigned to: Judge Edward W Nottingham Date Filed: 05/08/2001

Defeiidaiit Albert Celio (1) TERMINATED: 07/01/2005

represented by Dennis W. Hartley Dennis W. Hartley, P.C. 1749 East Eighth Street #5 Colorado Springs, CO 80906 U.S.A 719-635-5521 Fax: 719-635-5760 Email: [email protected] TERMINATED: 04/02/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Harvey Abe Steinberg Springer & Steinberg, P.C. 1600 Broadway #I200 Denver, CO 80202 U.S.A 303-861-2800 Fax: 303-832-71 16 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Pending Counts Disposition
deft to be impr. for 27 mos. and the Court rcmnds FDC Englewood, CO; 3 yrs. supr. rls.; deft shall part. in a prog. of testing & trmt for drug abuse as dir.

21:841A=CD.F Dispense and distribute

CWECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2 controlled substances and aid and abet (1)

Filed 01/03/2006

rage L 01 L I Page 2 of 27

by p.0. and pay costs; deft shall not incur new credit chgs or open add'l lines of credit wlo appr. from p.0.; deft shall pay a $5,000 fine due no later than date supr, expires, due and pybl during term of incar.; $400 to CVF deft to be impr. for 27 mos. and the Court rcmnds FDC Englewood, CO; 3 yrs. supr. rls.; deft shall part. in a prog. of testing & trmt for drug abuse as dir. by p.0. and pay costs; deft shall not incur new credit chgs or open add'l lines of credit w/o appr. from p.0.; deft shall pay a $5,000 fine due no later than date supr. expires, due and pybl during term of incar.; $400 to CVF deft to be impr. for 27 mos. and the Court rcmnds FDC Englewood, CO; 3 yrs. supr. rls.; deft shall part. in a prog. of testing & trmt for drug abuse as dir. by p.0. and pay costs; deft shall not incur new credit chgs or open add'l lines of credit w/o appr. from p.0.; deft shall pay a $5,000 fine due no later than date supr. expires, due and pybl during term of incar.; $400 to CVF deft to be imp. for 27 mos. and the Court rcmnds FDC Englewood, CO; 3 yrs. supr. rls.; deft shall part. in a prog. of testing & trmt for drug abuse as dir. by p.0. and pay costs; deft shall not incur new credit chgs or open add'l lines of credit w/o appr. from p.0.; deft shall pay a $5,000 fine due no later than date supr. expires, due and pybl during term of incar.; $400 to CVF

21:841A=CD.F Dispense and distribute controlled substances and aid and abet (2)

21 :841A=CD.F Dispense and distribute controlled substances and aid and abet (3)

21:841A=CD.F Dispense and distribute controlled substances and aid and abet (4)

21353 .F CRIMINAL FORFEITURES (21)
Highest Offense Level (O~ening)

Felony
Terminated Counts 2 1:846=CD.F Conspiracy to obtain possession of controlled substances and aid and abet (5) Disposition

Dismissed

CWECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2 21:846=CD.F Conspiracy to dispense and distribute controlled substances and aid and abet (6) 21:846=CD.F Conspiracy to dispense and distribute controlled substances and aid and abet (7) He g1 is h Felony Complaints None

Filed 01/03/2006

Page 3 of Page 3 of 27

21

Dismissed

Dismissed

Disposition

-Plaintiff

--

represented by Kathleen Melissa Tafoya U.S. Attomey's Office-Denver Colorado 1225 Seventeenth Street #700 Denver, CO 80202 U.S.A 303-454-0100 Fax: 454-0406 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Valeria Neale Spencer U S . Attomey's Office-Denver Colorado 1225 Seventeenth Street #700 Denver, CO 80202 U.S.A 303-454-0100 Fax: 303-454-0402 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

USA

Date Filed 05/08/2001

#

-

Docket Test INDICTMENT by USA Counts filed agLtirstAlbert Celio (1) count(s) 14,5,6,7,21, Timothy Lee Murphy (2) count(s) 5,6, 7, 8-20,21, Stephen

CM.iECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

Page 4 ot 21 Page 4 of 27

K. Compton (3) count(s) 5,6,21, Heather L. Wolff (4) count(s) 5,6,21, Lu Ann Reyes (5) count(s) 5,6, 21 (former empl) (Entered: 05/09/2001)
ARREST Warrant issued for Albert Celio by clerk of the court pursuant to Magistrate Judge Patricia A. Coan (former empl) (Entered: 05/09/2001) MOTION to seal case by USA regarding Albert Celio, Timothy Lee Murphy, Stephen K. Compton, Heather L. Wolff, Lu Ann Reyes (former empl) (Entered: 05/09/2001) ORDER by Magistrate Judge Patricia A. Coan granting motion to seal case [7-11 until the arrest of any deft. (former empl) (Entered: 05/09/2001) AF-REST of defendant A!bert Celio on 5/10/01 em^) (Entered: 05/14/2001) COURTROOM MINUTES OF INITIAL APPEARANCE before Magistrate Judge Patricia A. Coan; initial appearance of Albert Celio without counsel; ORDER: court finds deft is not eligible for court apptd. counsel; deft shall have to retain his own counsel; ORDER: Bond set at $10,000 Unsecured for Albert Celio; ORDER: arraignment and discov. conf. set for 1:30 5/15/01 for Albert Celio before Magistrate Judge Patricia A. Coan; case unsealed Court Reporter: Tape 01-165 (ecm) (Entered: 05/14/2001)
-

CJA Form 23 (Financial Affidavit) as to Albert Celio (ecm) (Entered: 05/14/2001) BOND Posted ( $10,000 Unsecured) by Albert Celio (ecm) (Entered: 05/14/2001) ORDER setting conditions of release for Albert Celio by Magistrate Judge Patricia A. Coan (ecm) (Entered: 05/14/2001) ARREST Warrant returned executed as to Albert Celio on 5/10/01 (ecm) (Entered: 05/14/2001) MINUTE ORDER before Magistrate Judge Boyd N. Boland; initial appr set for 1:30 6/4/01 for Lu Ann Reyes (ecm) (Entered: 05/16/2001) DISCOVERY HEARING REPORT before Magistrate Judge Patricia A. Coan; 5 estimated trial days as to Heather Wolf (ecm) (Entered: 05/17/2001) COURTROOM MINUTES OF ARRAIGNMENTDISCOVERY before Magistrate Judge Patricia A. Coan; deft Albert Celio present w/o counsel; iefts states that he has been unable to reach his counsel; he represents that he will be hiring Harvey Steinberg; ORDER: the arraignment and iiscov. conf. are cont. to 1:30 5/21/01 for Albert Celio before Magistrate Judge Patricia A. Coan; bond cont. Court Reporter: Tape 01-67 (ecm) :Entered: 05/17/2001)

CWECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

Page 5 ot ZI Page 5 of 27

35 COURTROOM MINUTES OF DISCOVERY CONFERENCE before Magistrate Judge Patricia A. Coan; deft Timothy Murphy's appearance was waived; 30 day min to trial 6/9/01; 70 day max to trial 7/19/01; bond cont. Court Reporter: Tape 01-67 (ecrn) (Entered: 05/21/2001) 36 DISCOVERY HEARING REPORT before Magistrate Judge Patricia A. Coan; 3-4 estimated trial days as to Timothy Murphy (ecrn) (Entered:
n5/21/2nn1)
-~

ORDER and Notice of Settings by Judge Edward W. Nottingham; jury trial set for 9:00 7/16/01; pretrial motions due 6/8/01; responses due 6/15/01; motions hearing set for 8:00 6/22/01; any change of plea will be heard at 10:OO 7/6/01 for Albert Celio, for Timothy Lee Murphy, for Stephen K. Compton, for Heather L. Wolff, for Lu Ann Reyes (Cert of Mailing) (ecrn) (Entered: 05/22/2001) COURTROOM MINUTES OF STATUS HEARING before Magistrate Judge Craig B. Shaffer; arraignment set for 1:30 5/23/01 for Albert Celio before Magistrate Judge Craig B. Shaffer; ORDER: court states that deft must have counsel secured; court will set matter over for a period of 48 hrs. only; arraign. and disc conf set for 1:30 5/23/01 for Albert Celio; bond cont. Court Reporter: Tape 01 -70,71 (ecrn) (Entered: 05/23/2001) 41 DISCOVERY HEARING REPORT before Magistrate Judge Craig B. Shaffer; 5 estimated trial days as to Stephen Compton (ecrn) (Entered: 05/23/2001) COURTROOM MINUTES OF STATUS HEARING before Magistrate Judge Craig B. Shaffer; deft Albert Celio present w/o counsel; deft states he is unable to hire counsel and requests the court appt. counsel; ORDER: CJA counsel to be apptd.; ORDER: arraignment and dlscov. conf. set for 1:30 5/25/01 for Albert Celio before Magistrate Judge Craig B. Shaffer; bond cont. Court Reporter: Tape 01-72 (ecrn) (Entered: 05/30/2001) CJA Form 23 (Financial Affidavit) as to Albert Celio (ecrn) (Entered: 05/30/2001) 53 CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Dennis W. Hartley appointed for Albert Celio by Magistrate Judge Craig B. Shaffer (ecrn) (Entered: 05/31/2001) 43 COURTROOM MINUTES OF ARRAIGNMENTDISCOVERY before Magistrate Judge Craig B. Shaffer; dft Albert Celio arraigned; NOT GUILTY plea entered; Attorney present; 30 day min to trial 6/24/01; 70 day max to trial 7/19/01; discov. rpt. executed; Court Reporter: Tape 0173 (ecrn) (Entered: 05/29/2001) 44 DISCOVERY HEARING REPORT before Magistrate Judge Craig B. Shaffer; 5 estimated trial days as to Albert Celio (ecrn) (Entered: 05/29/2001) 58 DISCOVERY HEARING REPORT before Magistrate Judge Boyd N.

CM/ECF - U S . District Courtcod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

Page 6 ot 2.1 Page 6 of 27

Boland; 5 estimated trial days as to Lu Ann Reyes (ecm) (Entered: 06/06/200 1) MOTION For Appointment of Expert (SUPPRESSED) by Albert Celio (ecm) (Entered: 07/24/2001) RESPONSE by USA motion For Discovery [50-11 regarding [50-11 (former empl) (Entered: 06/19/2001) RESPONSE by USA motion For James Hearing [49-11 regarding [49-11 (former empl) (Entered: 06/19/2001) RESPONSE by USA motion For Notice of 404(b) Evidence [60-11 regarding [60-11, motion For Notice of Intent to Use Evidence [52-11 regarding [52-11 (former empl) (Entered: 06/19/2001) RESPONSE by USA motion For Notice of Intent to Offer Expert Testimony, For Reports of Experts, and For Disclosure of Results and Methodologies [51-11 regarding [5 1-11, motion For Notice of Rule 404 (b), 608 and 609 Evidence [47-11 regarding [47-11 (former empl) (Entered: 06/19/2001) RESPONSE by USA motion For Discovery [50-11 regarding [50-11 (former empl) (Entered: 06/19/2001) RESPONSE by USA motion For Discovery, Documents and Tangible Objects [74-11 regarding [74-11, motion For Disclosure of Exculpatory Evidence - Hearsay, Co-Conspirator Statements [73-11 regarding [73-11, motion For James Hearing (In Limine Determination of Admissibility of Rule 801(d)(2)(E) Statements) [69-11 regarding [69-11, motion For Discovery - Reports of Examination & Test [67-11 regarding [67-11, motion For Discovery - Defendant's Statements [66-11 regarding [66-11, motion For Discovery [65-11 regarding [65-11, motion For Discovery Exculpatory Evidence [64-I] regarding [64-11, motion For Discovery and For Designation of Evidence [59-11 regarding [59-11 (former empl) (Entered: 06/19/2001) RESPONSE by USA motion For Notice of 4O4(b) Evidence [60-11 regarding [60-I], motion For Notice of Rule 404(b), 608 and 609 Evidence [47-11 regarding [47-11 (former empl) (Entered: 06/19/2001) MOTION to join and adopt by Albert Celio (former empl) (Entered: 06/19/2001) MOTION requesting status hearing in lieu of motions hearing and motion to extend time to respond to deft's pretrial motions by USA regarding Albert Celio, Timothy Lee Murphy, Stephen K. Compton, Heather L. Wolff, Lu Ann Reyes (former empl) (Entered: 06/19/2001) MINUTE ORDER before Judge Edward W. Nottingham GRANTING govt's Motion requesting status hearing in lieu of motions hearing [88-11 and Motion to extend time to respond to deft's pretrial motions [88-21 in PART; the motions hearing is redesignated as a status hearing and is set for 9:00 6/22/01 for Albert Celio, for Timothy Lee Murphy, for Stephen

CMECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage Page 7 of 27

1 01 L i

K. Compton, for Heather L. Wolff, for Lu Ann Reyes (ecm) (Entered: 06/2012001)
MINUTE ORDER before Judge Edward W. Nottingham GRANTING Motion To Excuse Appearance [90-11; defts appearances are waived for the 6/22/01 hrg. (ecm) (Entered: 06/21/2001) MOTION To Continue Status Conference by Albert Celio (ecm) (Entered: 06/22/2001) COURTROOM MINUTES OF STATUS CONFERENCE before Judge Edward W. Nottingham; ORDER: GRANTING Motion For Extension of Time Within Which to File Pretrial Motions [54-11; GRANTING Motion For Continuance of Trial [54-21; the parties state that this case may be subject to a complexity finding; they also state a new trial date is preferred; ORDER: jury trial is VACATED; the parties are directed to file, by next Friday, 6/29/01, all mtns seeking a continuance based on grounds contained in the speedy trial act Court Reporter: Therese Lindblom (ecm) (Entered: 06/28/2001) (Utility Event) - Terminating Deadline(s) (ecm) (Entered: 07/25/2001) ORDER by Judge Edward W. Nottingham GRANTING Heather Wolffs Motion To Depart the Jurisdiction [104-11 (Cert of Mailing) (ecm) (Entered: 06/29/2001) MOTION For Complex Designation Purs. to l8:3 161(h)(8)(B)(ii) by USA (ecm) (Entered: 07102/2001)
--

MOTION To Continue Trial by Albert Celio (ecm) (Entered: 07/02/2001) MINUTE ORDER before Judge Edward W. Nottingham GRANTING Timothy Murphy's Motion For Permission to Travel Outside State of Colorado [107-11 (ecrn) (Entered: 07/02/2001) ORDER by Judge Edward W. Nottingham GRANTING Heather Wolffs Motion For Permission to Depart Jurisdiction [114-11 (Cert of Mailing) (ecm) (Entered: 0711112001) 848 Ex Parte Application (SUPPRESSED) as to Albert Celio (ecm) (Entered: 07/24/2001) RESPONSE by Albert Celio motion For Complex Designation Purs. to 18:3161(h)@)(B)(ii)[109-11 regarding [109-11 (former empl) (Entered: Y/16/2OOl) RESPONSE by Albert Celio motion To Declare Case Comvlex and Protracted [102-11 regarding [102-11 (former empl) (~ntereh: 17/16/2001)
MINUTE ORDER; before Judge Edward W. Nottingham ; in-court learing set for 9:30 8/3/01 for Albert Celio, for Timothy Lee Murphy, for Stephen K. Compton, for Heather L. Wolff, for Lu Ann Reyes as to
I

CMECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

rage a or L I
Filed 01/03/2006 Page 8 of 27

Albert Celio, Timothy Lee Murphy, Stephen K. Compton, Heather L. Wolff, Lu Ann Reyes (former empl) (Entered: 07/16/2001) (Utility Event) - Terminating Deadline(s) (ecrn) (Entered: 07/25/2001) 120 ORDER by Judge Edward W. Nottingham GRANTING Albert Celio's Motion For Appointment of Expert (SUPPRESSED) [119-11 (Cert of Mailing) (ecm) (Entered: 071241200 1)

122 MOTION for order permitting disclosure of grand jury material by USA regarding Albert Celio, Timothy Lee Murphy, Stephen K. Compton, Heather L. Wolff, Lu Ann Reyes (former empl) (Entered: 07/30/2001)

7
-

124 ORDER by Judge Edward W. Nottingham GRANTING motion for order permitting disclosure of grand jury material [122-11 (Cert of Mailing) (ecm) (Entered: 08/03/2001) 125 ORDER by Judge Edward W. Nottingham GRANTING Heather Wolffs motion to depart the jurisdiction [123-11 (Cert of Mailing) (ecm) (Entered: 08/06/2001) 127 COURTROOM MINUTES OF HEARING MOTION TO DECLARE COMPLEX before Judge Edward W. Nottingham; ORDER: GRANTING govt's Motion For Complex Designation Purs. to 18:3161 (h)@)(B)(ii) [109-11; GRANTING Celio's Motion To Continue Trial [I 11-11; GRANTING Murphy's Motion To Declare Case Complex and Protracted [102-11; GRANTING Compton's Motion To Join Motion To Declare Case Complex and Protracted [102-11 [112-11; GRANTING Reyes' Motion to Schedule Trial Outside of Speedy Trial Deadlines Purs. to 18:3161(h)(8)(B)(iv) [108-11; the court finds purs. to l8:3 l6l(h)(8) the ends of justice outweigh the best interests of the public and deft in a speedy trial; GRANTING Wolfs Motion to depart the jurisdiction [12311; Celio's Motion To Continue Status Conference [101-11 is DENIED as MOOT; GRANTING Compton's Motion For Additional Time to File Motions [63-11; all remaining discov. and substantive motions are due 10/1/01; govts responses due 10/31/01; the court will then set a hearing date, likely to be scheduled in December or January; eight day jury trial set for 4/1/02 for Albert Celio, Timothy Lee Murphy, Stephen K. Compton, Heather L. Wolff and Lu Ann Reyes Court Reporter: Therese Lindblom (ecm) (Entered: 08/07/2001)

I(Utility Event) - Terminating Deadline(s) (ecm) (Entered: 08/07/2001)
128 MINUTE ORDER before Judge Edward W. Nottingham; jury trial set for 4/1/02; all remaining discov. and substantive motions shall be filed by 10/1/01; (ecm) (Entered: 08108/2001) 129 MOTION For Order Regarding Procedures to Preserve Patient Confidentiality by USA (ecm) (Entered: 08/21/2001) 130 MINUTE ORDER before Judge Edward W. Nottingham; defts shall respond to govts [129-11 Motion For Order Regarding Procedures to Preserve Patient Confidentiality onhefore 9/4/01; a hearing is set f o ~

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage Y or L I Page 9 of 27

10:45 916101 (ecrn) (Entered: 08/23/2001) RESPONSE by Albert Celio to Government's Motion For Order Regarding Procedures to Preserve Patient Confidentiality [129-11 (ecrn) (Entered: 09/06/2001) MOTION For Extension of Time to File Response by Albert Celio (ecrn) (Entered: 09/06/2001) MINUTE ORDER before Judge Edward W. Nottingham GRANTING Timothy Murphy's Motion To Excuse Appearance [132-11 (ecrn) (Entered: 09/06/2001) MINUTE ORDER before Judge Edward W. Nottingham; GRANTING deft Heather Wolffs request to be excused from hearing (ecrn) (Entered: 09!06/2001) COURTROOM MINUTES OF HEARING ON MOTION FOR PROTECTIVE ORDER before Judge Edward W. Nottingham; court and counsel discuss the status of the absence of federal common law on the psysician-patient privlege and the govt's contention that 5:552A, the Privacy Act, applies to medical records when they are in the custody of a federal agency regarding [129-11 Motion For Order Regarding Procedures to Preserve Patient Confidentiality; ORDER: the govt is to submit a brief on this matter to the court w/in 30 days; defts will respond wlin 30 days after receipt; Court Reporter: Therese Lindblom (ecrn) (Entered: 09/07/2001) MOTION To Travel by Albert Celio (ecrn) (Entered: 09/10/2001) ORDER by Judge Edward W. Nottingham granting motion For Permission to Depart Jurisdiction [126-11 dft is allowed to travel outside Dist of CO from 8/7/01 through 8110/01 (Cert of Mailing) (klt) (Entered: 10/02/2001) MOTION For Payment in Excess (Suppressed) by Albert Celio (ecm) (Entered: 10/01!2001) OPPOSITION by USA to Celio's Motion To Travel [139-11 (ecrn) Modified on 10/03/2001 (Entered: 10/02/2001) MINUTE ORDER before Judge Edward W. Nottingham GRANTING Albert Celio's Motion For Extension of Time to File Response [135-11 (ecm) Modified on 10/03/2001 (Entered: 10/03/2001~ BRIEF by USA in Support of Motion For Order Regarding Procedures to Preserve Patient Confidentiality [129-11 (ecrn) (Entered: 10/09/2001)
REPLY by Albert Celio to Government's Response to Motion to Travel [152-11 (ecrn) (Entered: 10/10/2001)

MOTION To Suppress by Albert Celio (ecm) (Entered: 1011612001) MOTION To File Out of Time by Albert Celio (ecrn) (Entered: 10/16/2001)

CMIECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage I U O I L I Page 10 of 27

SUPPLEMENT TO Reply to Government's Response to Defendant's Motion to Travel [155-11 by Albert Celio (ecm) (Entered: 1012312001) 848 Ex Parte Application as to Albert Celio (former empl) (Entered: 10/23/2001) CONSOLIDATED RESPONSE by USA to Murphy's Supplemental Motion for Discovery, Compton's Motion For Disclosure of Confidential Informants, Cooperating Witnesses, and Prosecution Witnesses Whose Identity is Presently Withheld, Wolffs Motion For Discovery of Information Concerning Promises of Immunity, Leniency or Preferential Treatment and Wolffs Motion For Discovery of Evidence Favorable to the Accused (ecrn) (Entered: 11/01/2001)

Cp

167 RESPONSE by USA to Motion To Suppress [156-11 (ecrn) (Entered: i1/01/2Ooij 169 MINUTE ORDER before Judge Edward W. Nottingham; motions hearing set for 3:00 2/22/02 for Albert Celio, for Timothy Lee Murphy, for Stephen K. Compton, for Heather L. Wolff, for Lu Ann Reyes (ecrn) (Entered: 11/07/2001) 173 848 Ex Parte Application (SUPPRESSED) as to Albert Celio (ecrn) (Entered: 11/16/2001) 174 ORDER by Judge Edward W. Nottingham GRANTING Albert Celio's Motion For Payment in Excess (Suppressed) [144-11 (ecrn) (Entered: 11/16/2001)

171 848 Ex Parte Application as to Albert Celio (nmb) (Entered: 11/16/2001) 11/16/2001 11/21/2001

1

172 848 Ex Parte Application as to Albert Celio (nmb) (Entered: 11/16/2001) 175 MINUTE ORDER before Judge Edward W. Nottingham; the jury trial is VACATED; change of plea hearing set for 3:00 2/1/02 for Stephen K. Compton (ecrn) (Entered: 11/21/2001) 176 MINUTE ORDER; before Judge Edward W. Nottingham regarding [13911 motion To Travel ; in-court hearing set for 2:00 11/28/01 for Albert Celio as to Albert Celio (former empl) (Entered: 11/23/2001)
I I

1

11/21/2001

NOTICE of Unavailability Out of the Jurisdiction by Dennis Hartley, atty for Albert Celio (ecm) (Entered: 11/27/2001) COURTROOM MINUTES OF HEARING ON MOTION TO TRAVEL before Judge Edward W. Nottingham DENYING Motion To Travel [139-11 Court Reporter: Paul Zuckerman (ecrn) (Entered: 11/29/2001)

12/19/2001

181 MINUTE ORDER; before Judge Edward W. Nottingham granting motion For Permission to Travel Outside State of Colorado [180-I] (former emol) (Entered: 1211912001) 848 Ex Parte Application as to Albert Celio (former empl) (Entered: 01/03/2002)

CMECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage I I Page 11 of 27

OIL/

' Motion ToORDER before Judge EdwardtoW. Nottinghamregarding [184-1: MINUTE GRANTING File Out of Time [157-11 as Albert Celio;
Motion for withdrawal of attorney, a hearing is set for 3:00 2/7/02 for Lu Ann Reyes; the jury trial is VACATED and a change of plea hearing set for 3:30 2/7/02 for Timothy Lee Murphy (ecm) (Entered: 02/05/2002) ORDER by Judge Edward W. Nottingham; sentencing hearing set for 9:00 5/3/02 for Stephen K. Compton (Cert of Mailing) (ecm) (Entered: 02/06/2002) COURTROOM MINUTES OF HEARING ON MOTION FOR WITHDRAWAL AS ATTORNEY before Judge Edward W. Nottingham; deft Lu Ann Reyes present w/counsel; ORDER: DENYING Motion for withdrawal of attorney [184-I]; atty Stross asks whether the court would consider his appt. to this case under CJA; ORDER: if the parties stipulate, the court will consider appt. of Mr. Stross under CJA despite the fact that Mr. Stross is not on the panel; Court Reporter: Therese Lindblom (ecm) (Entered: 0211 112002) RESPONSE by Albert Celio to Government's Brief in Support of Motion for Order Regarding Procedures to Preserve Patient Confidentiality (ecm: I (Entered: 0211 112002) MINUTE ORDER before Judge Edward W. Nottingham GRANTING Motion to continue [192-11; the change of plea hearing as to Timothy Murphy is VACATED to be reset at a later date (ecm) (Entered: 0211 112002)

i

848 Ex Parte Application as to Albert Celio (former empl) (Entered: 02/11/2002) MINUTE ORDER before Judge Edward W. Nottingham; a change of plea hearing set for 9:00 3/28/02 for Timothy Lee Murphy (ecm) (Entered: 02/13/2002) Text not available. (Entered: 02/25/2002)
- ----

MINUTE ORDER before Judge Edward W. Nottingharn; the Motion To Excuse Appearance of Defendant at the Motions Hearing Scheduled for February 22,2002 [199-11 is DENIED as MOOT; jury trial is VACATED and a change of plea hearing set for 9:00 3/28/02 for Lu Ann Reyes (ecm) (Entered: 02/25/2002)
1 COURTROOM MINUTES

OF HEARING ON MOTION TO SUPPRESS before Judge Edward W. Nottingham; deft Albert Celio present w/counsel; ORDER: the govt's Motion For Order Regarding Procedures to Preserve Patient Confidentiality [129-11 is DENIED as MOOT; counsel are directed to confer and deft is directed to inform the court of its decision whether to proceed or not withe mtn to suppress and mtn to join and adopt; the trial date will NOT be postponed; Court Reoorter: Paul Zuckerman (ecm) (Entered: 02/25/2002)

204 MINUTE ORDER before Judge Edward W. Nottingham; the motions

I

CMIECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage I L 01 L I Page 12 of 27

hearing is reset to 3:30 3/7/02 for Albert Celio (ecrn) (Entered: 0212612002) MINUTE ORDER before Judge Edward W. Nottingham GRANTWG Motion For Appointment of Gregory R. Stross as CJA Defense Counsel, Nunc Pro Tunc 2/7/02 [200-I]; appointing Gregory Stross as CJA Attorney for Lu Ann Reyes (ecm) (Entered: 02/26/2002) MR\SUTE ORDER before Judge Edward W. Nottingham GRANTING Motion To Continue Sentencing Hearing [197-11; sentencing hearing is reset to 10:30 5/10102 for Stephen K. Compton (ecrn) (Entered: 02/28/2002) PLY by Albert Celio to Government's Response to Motion to uppress [167-11 (ecrn) (Entered: 03/07/2002) COURTROOM MINUTES OF HEARING PENDING MOTIONS before Judge Edward W. Nottingham; deft Albert Celio present wlcounsel; deft advised that wishes to widraw the mtn to suppress and thereby wishing to cancel this hrg.; ORDER: the Motion To Suppress [156-11 is deemed WITHDRAWN and is therefore DENIED as MOOT; the Motion to join and adopt [87-11 is deemed WITHDRAWN and is therefore DENIED as MOOT Court Reporter: Therese Lindblom (ecrn) (Entered: 0311 112002) NOTICE OF DISPOSITION by Albert Celio (ecrn) (Entered: 03/13/2002) CJA Form 20 Copy 4 (Appointment of Counsel) Attorney Gregory Stross appointed for LuAnn Reyes by Judge Edward W. Nottingham (ecm) (Entered: 03/13/2002) MINUTE ORDER before Judge Edward W. Nottingham; the jury trial is VACATED and a change of plea hearing set for 9:00 3/28/02 for Albert Celio (ecm) (Entered: 03/14/2002) MOTION To Vacate and Reset Change of Plea by Albert Celio (ecm) (Entered: 0312212002) MOTION Requesting a Continuance of Change of Plea Hearing and Motion to Vacate Trial Date by USA regarding Albert Celio (ecm) (Entered: 03/27/2002) MINUTE ORDER before Judge Edward W. Nottingham GRANTING govt's Motion Requesting a Continuance of Change of Plea Hearing [213-11 and Motion to Vacate Trial Date [213-21; defts Motion To Vacate [2 12-11 and Motion Reset Change of Plea [2 12-21 are DENIED as MOOT; change of plea hearing is reset to 10:OO 4/2/02 for Albert Celio (ecm) (Entered: 03/28/2002) ORDER by Judge Edward W. Nottingham ; sentencing hearing set for 9:00 7/12/02 for Timothy Lee Murphy, for Lu Ann Reyes (Cert of Mailing) (former empl) (Entered: 03/29/2002)

CMIECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage 13 01 L I Page 13 of 27

COURTROOM MINUTES OF CHANGE OF PLEA before Judge Edward W. Nottingham; deft Albert Celio NOT PRESENT; atty Hartley advised he does not know where the deft is and he knows the deft is aware of the c.0.p. hrg.; govt requests deten. of the deft; ORDER: the clerk will forthwith issue a bench warrant for deft Celio; Mr. Steinberg has been retained by deft Celio; ORDER: Mr. Hartley's oral mtn to withdraw is GRANTED; the govt advised that it will be filing a mtn to have deft Celio reimburse the CJA acct. for the funds spent providing deft Mr. Hartley's svcs. since it now appears deft is able to pay to retain Mr. Steinberg; govt renews the mtn to cont. trial and declaration of complexity; ORDER: the govts oral mtn to cont. to set this case outside speedy trial limits is GRANTED; ORDER: the court adopts the findings previously made purs. to 18:316l(h)(8), that the ends of justice outweigh the best interests of the public and deft in granting a continuance of the trial in this case; the court finds that the period excludabie fiom the STA is 1200 days; ORDER: jury trial reset to 7/15/02 for Albert Celio; parties are directed to chambers after this hrg. to set a 2 hr. substantive mtns hrg.; pretrial motions due 5/3\02 for Albert Celio; govt shall respond by 5/20/02; Court Reporter: Therese Lindblom (ecrn) (Entered: 04/03/2002) ARREST Warrant issued for Albert Celio by Judge Edward W Nottingham (ecrn) (Entered: 04/03/2002)
-

AMENDED ORDER and Notice of Settings by Judge Edward W. Nottingham; jury trial set for 9:00 7/15/02 for Albert Celio; pretrial motions due 5/3/02; responses due 5/20/02; motions hearing set for 10.00 6/21/02; any change of plea will be heard at 9.00 7/2/02 for Albert Celio (Cert of Mailing) (ecrn) (Entered: 04/03/2002) ARREST of defendant Albert Celio on 4/2/02 (ecrn) (Entered: 04/04/2002) COURTROOM MINUTES OF INITIAL APPEARANCE ON BOND VIOLATION before Magistrate Judge 0 . E. Schlatter; defi Albert Celio present w/counsel; Mr. Steinberg would like this hrg. set over for this afternoon and would request to appear by phone; ORDER: modified detention hearing set for 4:00 4/2/02 for Albert Celio; Mr. Steinberg may appear by phone; deft remanded; Court Reporter: Tape 02-59 (ecrn) (Entered: 04/04/2002) COURTROOM MINUTES OF MODIFIED DETENTION HEARING before Magistrate Judge 0. E. Schlatter; deft Albert Celio present w/counsel; witnesses; ORDER: defts bond is modified as follows: deft shall continue employment or other activities w/Excel Drug Trtmt facility, shall refrain from any use or possession of narcotic dmg and shall submit to random U.A.'s and trtmt as dir. by PTS; deft is released Court Reporter: Tape 02-59 (ecrn) (Entered: 04/04/2002) ARREST Warrant returned executed as to Albert Celio on 4/2/02 (ecrn) [Entered: 04/04/2002) 3RDER by Magistrate Judge 0. E. Schlatter; defts Albert Celio's bond is

CMiECF - U.S. District Courtcod -Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage 14 ot L I Page 14 of 27

modified as follows: deft shall not cont. employment or any other activities wExcel Drug Trtmt Facility, shall refrain from any use or possession of a narcotic drug, shall submit random urinalysis and trtmt as dir. by p.0.; all other conds. remain in effect (Cert of Mailing) (ecm) (Entered: 04/08/2002) AMENDED ORDER Concerning Sentencing Proceedings by Judge Edward W. Nottingham; sentencing hearing is reset to 9:30 5/24/02 for Stephen K. Compton (Cert of Mailing) (ecm) (Entered: 04/08/2002) TRANSCRIPT of Detention Hearing dated 4/2/02; copy; (46 pages) Prepared By: Avery (ecm) (Entered: 0411512002)
-

235 CERTIFICATE of mailing from probation that the PSI was mailed re: Steohen Comoton. (former emu11 (Entered: 04/24/2002) 237 MOTION For One Day Extension to File Motions by Albert Celio (ecm) (Entered: 05/06/2002)
-

I

I

MOTION To Join and Adopt (mtns filed and withdrawn by atty Hartley) by Albert Celio (ecm) (Entered: 05/07/2002) MOTION to continue or for new setting re: motions hrg by USA regarding Albert Celio (dlb) (Entered: 05/23/2002) 848 Ex Parte Application as to Albert Celio (former empl) (Entered: 06/03/2002) ORDER: approving Final Voucher Number 020607164 of Dennis W. Hartley for Albert Celio (SUPPRESSED) (ecm) (Entered: 06/19/2002) Sentencing Letter ; sentencing hearing set for 9:00 7/12/02 for Lu Ann Reyes ; Objections Due 6/24/02 for Lu Ann Reyes ; final report due 7/2/02 for Lu Ann Reyes (ecm) (Entered: 0611012002) Sentencing Letter ; sentencing hearing set for 9:00 7/12/02 for Timothy Lee Murphy ; Objections Due 6/24/02 for Timothy Lee Murphy ; final report due 7/2/02 for Timothy Lee Murphy (ecm) (Entered: 0611 112002) 247 MINUTE ORDER before Judge Edward W. Nottingharn; regarding govt's [241-11 motion to continue or for new setting re: motions hrg, the mtn will be heard at the hearing set for 10:OO 6/21/02 as to Albert Celio; GRANTING Motion For One Day Extension to File Motions [237-I]; (ecm) (Entered: 0612412002) 248 ORDER by Judge Edward W. Nottingham DENYING Motion For Disclosure of Criminal Action by Probation Department to Defendant's Employer During the Preparation of Presentence Investigation Report [233-11 (Cert of Mailing) (ecm) (Entered: 06/24/2002) 249 MINUTE ORDER before Judge Edward W. Nottingham GRANTING Motion For Continuance [242-I]; sentencing hearing is reset to 10:45 8/2/02 for Timothy Lee Murphy (ecm) Modified on 06/24/2002 (Entered: 06/24/2002)

CMECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage 1s 01 L I Page 15 of 27

COURTROOM MlNUTES OF HEARING PENDING MOTIONS before Judge Edward W. Nottingham; deft Albert Celio present w/counsel; ORDER: DENYING Motion To Join and Adopt (mtns filed and withdrawn by atty Hartley) [238-11; GRANTING motion to continue or for new setting re: motions hrg [241-11; motions hearing is reset to 3:00 7/3/02 for Albert Celio; the change of plea hearing is VACATED Court Reporter: Therese Lindblom (ecrn) (Entered: 06/24/2002)
--

MINUTE ORDER before Judge Edward W. Nottingham; the jury trial set for 9:00 7/15/02 for Albert Celio ; motions hearing reset to 3:00 7/3/02 for Albert Celio (ecrn) (Entered: 06/24/2002)
--

MOTION To Join and Adopt by Albert Celio (ecrn) (Entered: 06/25/2002) JOmT MOTION To Vacate and Continue the Trial Date of July i5,2002 and Request for Setting of New Trial Date and Change of Plea Hearing bv Albert Celio (ecm'l (Entered: 07/03/2002) MOTION To Vacate Motions Hearing by Albert Celio (ecrn) (Entered: 07/03/2002) Sentencing Letter; final report submitted 7/2/02 by prob. re Lu Ann Reyes (ecrn) (Entered: 07/03/2002) ORDER by Judge Edward W. Nottingham DENYING Joint Motion To Vacate and Continue the Trial Date of July 15,2002 [255-11 and Motion Request for Setting of New Trial Date and Change of Plea Hearing [25521; DENYING Motion To Vacate Motions Hearing [253-11 (Cert of Mailing) (ecrn) (Entered: 07/03/2002) Sentencing Letter; the addendum to the PSI sent to counsel of record by prob. re Stephen Compton (ecrn) (Entered: 07/03/2002) ORDER by Judge Edward W. Nottingham ; change of plea hearing set for 4:00 8/16/02 for Albert Celio ;in-court hearing set for 8:30 8/2/02 for Albert Celio ; court trial set for 9:00 8/26/02 for Albert Celio (Cert of Mailing) (dlb) (Entered: 07/05/2002) COURTROOM MINUTES OF HEARING PENDING MOTIONS before Judge Edward W. Nottingham; deft Albert Celio present wJcounsel; ORDER: GRANTING Motion Requesting Continuance [25611; jury trial is reset to 8/26/02 for Albert Celio; parties are directed to chambers to reset mtns hrg. Court Reporter: Therese Lindblom (ecrn) (Entered: 07/09/2002)
-

MINUTE ORDER before Judge Edward W. Nottingham; GRANTING govt's [256-11 Motion Requesting Continuance; the trial date as to Albert Celio having been extended, the sentencing hearing is reset to 2:30 9/6/02 as to Timothy Lee Murphy, Stephen K. Compton and Lu Ann Reyes (ecrn) (Entered: 07/09/2002) 848 Ex Parte Application as to Albert Celio (former empl) (Entered: 0711 512002)

CMIECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage 10 01 L i Page 16 of 27

MOTION To Continue the Trial Date by USA regarding Albert Celio (ecm) (Entered: 07/29/2002) AMENDED ORDER and Notice of Settings by Judge Edward W. Nottingham; jury trial reset to 9:00 12/2/02 for Albert Celio; motions hearing reset to 3:00 11/22/02; change of plea hearing is reset to 11/15/02 for Albert Celio (Cert of Mailing) (ecm) (Entered: 08/05/2002)
-

COURTROOM MINUTES OF HEARING PENDING MOTIONS before Judge Edward W. Nottingham; deft Albert Celio present w/counsel; ORDER: GRANTING Motion To Continue the Trial Date [263-11; the Court Finds purs to 18:316l(h)(8) that the ends ofjustice outweigh the best interest of the public and deft in a speedy trial; the parties are directed to chambers to obtain a new trial date, mtns date and c.0.p.; Court Reporter: Therese Lindblom (ecm) (Entered: 08/06/2002) MINUTE ORDER before Judge Edward W. Nottingham GRANTING govt's Motion Requesting Continuance of Sentencing Hearings [267-11 sentencing hearing is reset to 9:00 12/20/02 for Timothy Lee Murphy, Steuhen K. Comuton and Lu Ann Reves (ecm) (Entered: 08/09/2002) MINUTE ORDER before Magistrate Judge Boyd N. Boland; GRANTING Stephen Compton's Stipulated Motion To Modify Bond Conditions 1270-11 (ecm) (Entered: 10/22/20021 COURTROOM MINUTES OF INITIAL APPEARANCE (MOTION TO REVOKE BOND) before Magistrate Judge 0.E. Schlatter; deft Stephen Compton present w/o counsel; deft advised he is represented by David Miller; ORDER: detention hearing on motion to revoke bond is set for 11:OO 10/30/02 for Stephen K. Compton; deft remanded; Court Tape 020225 (ecm) (Entered: 10/28/2002) COURTROOM MINUTES OF DETENTION HEARING ON MOTION FOR REVOCATION OF BOND before Magistrate Judge 0 . E. Schlatter; deft Stephen Compton present w/counsel; deft waived prelim. hrg. and would confess deten. at this time until sent.; ORDER: the [27811 Motion For Revocation of Order of Release is HELD IN ABEYANCE and the deft shall be detained pending further proceedings; deft remanded; Court Reporter: Tape 02-226 (ecm) (Entered: 10/31/2002) MINUTE ORDER; before Magistrate Judge 0. E. Schlatter granting dft, Timothy Lee Murphy's motion For Modifications of Bond Conditions [269-11 (dlb) (Entered: 11/12/2002) COURTROOM MINUTES OF HEARING PENDING MOTIONS before Judge Edward W. Nottingham; deft Albert Celio present w/counsel; the parties announce they will be ready to proceed withe mtns hrg. set for next week; ORDER: per the parties in this matter, the trial will take 4 days; Court Reporter: Therese Lindblom ( e m ) (Entered: 11/21/2002) MINUTE ORDER before Judge Edward W. Nottingham; a hearing re Celio's possible change of plea, or in the alternative, a trial prep. conf. is

CWECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage 1 1 Page 17 of 27

OIL/

-

set for 4:00 11/26/02 for Albert Celio; counsel are directed to submit a copy to chambers of the proposed plea agreement no later than 12 pm on 11/26/02 (ecrn) (Entered: 11/25/2002)

283 )COURTROOM MINUTES OF HEARING PENDING MOTIONS before Judge Edward W. Nottingham; deft Albert Celio present w/counsel; witnesses; exhibits; ORDER: DENYING Motion To Suppress [156-11; the parties are directed to expedite their efforts re a disposition; a change of plea hearing, or in the alternative, a trial preparation conference set for 4:00 11/26/02 for Albert Celio; the parties are directed to submit a plea agreement if any no later than 11/26/02 Court Reporter: Therese Lindblom' (ecm) (Entered: 11/27/2002) 288 COURTROOM MINUTES OF CHANGE OF PLEA before Judge Edward W. Nottingham; deft Albert Celio present w/counsel; ORDER: this hrg. cont. to 10:00 11/27/02; Court Reporter: Therese Lindblom (ecrn) (Entered: 11/27/2002)

284 PLEA Agreement as to Albert Celio (ecrn) (Entered: 11/27/2002) 11/27/2002
1 1/27/2002

285 STATEMENT IN ADVANCE OF PLEA OF GUILTY by Albert Celio (ecrn) (Entered: 11/27/2002) 286 MOTION To Dismiss Count 21 by USA regarding Albert Celio (ecm) (Entered: 11/27/2002) 287 COURTROOM MINUTES OF CHANGE OF PLEA before Judge Edward W. Nottingham; GUILTY plea entered to ct. 7 by Albert Celio; court defers acceptance of plea agreement until prob. has prepared the PSI; Court Reporter: Therese Lindblom (ecrn) (Entered: 11/27/2002) 289 ORDER Concerning Presentence Investigation and Report by Judge Edward W. Nottingham as to Albert Celio (ecrn) (Entered: 11/27/2002)
~~ ~~ ~
p p

-~
~

~

~

~

~

! MINUTE ORDER before Judge Edward W. Nottingham; the c.0.p. is
cont. as to Albert Celio to 11/27/02 at 10:OO (ecrn) (Entered: 11/27/2002) ORDER by Judge Edward W. Nottingham; sentencing hearing set for 2:15 2/14/03 for Albert Celio (Cert of Mailing) (ecrn) (Entered: 11/27/2002) ORDER by Judge Edward W. Nottingham GRANTING Motion To Dismiss Count 21 [286-11 as to Albert Celio (Cert of Mailing) (ecrn) (Entered: 12/03/2002) Sentencing Letter; the addendum to the PSI sent to counsel of record by prob. re Timothy Murphy (ecrn) (Entered: 1211112002) Additional Infomtion and Objections to Presentence Report Based on Newly Discovered Information by USA re Stephen Compton (ecrn) (Entered: 1211112002) 211012002 296 Sentencing Letter; the second addendum to the PSI sent to counsel of record by prob. re Stephen Compton (ecrn) (Entered: 1211112002)

CMIECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage l a or L I Page 18 of 27

MINUTE ORDER before Judge Edward W. Nottingham; regarding [26831 Minute Order, the sentencing hearing set for 9:00 12/20/02 for Timothy Lee Murphy, Stephen K. Compton Lu Ann Reyes will take place in ctrm. 14 of the AAA US Courthouse (ecrn) (Entered: 12/16/2002) MOTION To Leave the State While on Bond by Albert Celio (ecrn) (Entered: 12/17/2002)
-

MINUTE ORDER before Judge Edward W. Nottingham; GRANTING Motion To Leave the State While on Bond [299-11 (ecrn) (Entered: 12/19/2002) MINT-JTE ORDER before Judge Edward W. Nottingham; sentencing hearing is reset to 9:30 2/14/03 for Timothy Lee Murphy and Stephen K. Compton (ecrn) (Sntered: i2i2312002) ORDER by Judge Edward W. Nottingham GRANTING Timothy Murphy's Motion For Permission To Travel Outside State of Colorado [301- 11 from 12/23 to 12/27/02 (Cert of Mailing) (ecrn) (Entered: 12/23/2002) ORDER by Judge Edward W. Nottingham GRANTING [304-11 Motion To Dismiss Counts as to Lu Ann Reyes (ecrn) (Entered: 12/24/2002) COURTROOM MINUTES OF MODIFICATION OF BOND before Magistrate Judge Boyd N. Boland granting motion to modify bond cond for dft Compton [309-11 Court Reporter: Tape No. CR 02-274 (dlb) (Entered: 12/27/2002)
- -

COURTROOM MINUTES OF BOND RELEASE before Magistrate Judge 0. E. Schlatter; deft Steven Compton present w/o counsel; deft advised of conds. of release; deft released on executed bond; Court Reporter: Tape 02-275 Interpreter: (ecrn) (Entered: 12/31/2002) 3 18 Sentencing Letter; the second addendum to the PSI sent to counsel of record by prob. re Timothy Murphy (ecm) (Entered: 01/13/2003) Sentencing Letter; the PSI sent to counsel of record by prob. re Albert Celio (ecrn) (Entered: 01/14/2003) Sentencing Letter; the addendum to the PSI sent to counsel of record by prob. re Albert Celio (ecrn) (Entered: 02/04/2003) Sentencing Letter; the third addendum to the PSI sent to counsel of record by prob. re Stephen Compton (ecm) (Entered: 02/10/2003) 0211 1/2003 02/12/2003 323 MOTION To Continue Sentencing by USA regarding Albert Celio (ecm) (Entered: 02/12/2003) 325 MINUTE ORDER before Judge Edward W. Nottingham GRANTING Motion To Continue Sentencing [323-11; sentencing hearing is reset to 2:15 4/4/03 for Albert Celio (ecm) (Entered: 02/14/2003)

I

I

1
1/3/2006

04/02/2003

335 MOTION To Continue Sentencing by USA regarding Albert Celio (ecm)

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.p1?344655896110044-L~280,~0-1

CMIECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2 (Entered: 04/03/2003)

Filed 01/03/2006

Page 19 of-27 Page 19 of 27

MINUTE ORDER before Judge Edward W. Nottingham GRANTING Motion To Continue Sentencing [335-11; sentencing hearing is reset to 4:30 5/16/03 for Albert Celio (ecm) (Entered: 04/07/2003) MINUTE ORDER before Judge Edward W. Nottingham; sentencing hearing is reset to 8:30 5/6/03 for Albert Celio (ecm) (Entered: 04/22/2003)
-

MOTION to withdraw plea by Albert Celio (dlb) (Entered: 05/05/2003) MINUTE ORDER; before Judge Edward W. Nottingham regarding [341 11 motion to withdraw plea ;in-court hearing set for 1:30 7/8/03 for Albert Celio as to Albert Celio (dlb) (Entered: 05/07/2003) COURTROOM MINUTES Time Court Began: 8:27 AM Time Court Ended: 8:54 AM OF SENTENCING before Judge Edward W. Nottingham sentencing hearing not held on 5/6/03 as to Albert Celio; ORDERED: parties are directed to chambers to set a half-day evidentiarj hrg Court Reporter: Leslie Malecka (dlb) (Entered: 05/07/2003)
~~~ ~

~-~
~~

-

TRANSCRIPT of Change of Plea before Judge Nottingham on 11/27/02 ( 1-27 pages) Prepared By: Therese Lindblom (former empl) (Entered: 05/28/2003)
~~ ~

-~ -

-

-

Memorandum of Points and Authorities in Opposition (RESPONSE) by plaintiff USA to motion to withdraw plea [341-11 (dlb) (Entered: 05/29/2003) COURTROOM MINUTES Time Court Began: 1:40 pm Time Court Ended: 2:06 pm OF SENTENCING; ORDERED: the court will not accept at this time the dft's plea because it not acceptable under guidelines; probation officer directed to interview dft and prepare a 2nd addendum to PSI; parties directed to chambers to set senting leving enough time to prepare 2nd addendum and to set an 8 day tril to jury; before Judge Edward W. Nottingham Court Reporter: Therese Lindblom (dlb) (Entered: 0711 112003) MINUTE ORDER; before Judge Edward W. Nottingham ; sentencing hearing set for 4:00 8/22/03 for Albert Celio as to Albert Celio (dlb) (Entered: 07/14/2003) LETTER to court re: addendum to PSI as to dft Celio (dlb) (Entered: 38/08/2003) ZOURTROOM MINUTES Time Court Began: 4:18 pm Time Court Ended: 4:40 pm OF SENTENCING before Judge Edward W. Vottingham defense counsel states the deft is not willing to accept -esponsibility; the Court acknowledges that the plea was made under Fed 2. Crimp 1l(c)(l)(C), the probation office and the court do not accept the igreement, and therefore the case will be set for trial; jury trial set for 1/12/04 for Albert Celio ; in the alternative, if the 1/12 setting is not wailable, the 8 day trial to jury will commence 3/1/04 Court Reporter:

CMIECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

r a p LU

UI L I

Filed 01/03/2006

Page 20 of 27

Therese Lindblom (former empl) (Entered: 08/26/2003) 0812212003 09/02/2003 Pursuant to minutes this date:granting [341] Motion to Withdraw Plea of Guilty as to Albert Celio (1) (ecm, ) (Entered: 04/04/2005) 350 MINUTE ORDER; before Judge Edward W. Nottingham eight day jury trial set for 9:00 1/12/04 for Albert Celio ; pending motionslin-court hearing set for 2: 15 12/19/03 for Albert Celio as to Albert Celio (dlb) (Entered: 09/04/2003) (Utility Event) - Terminating Deadline(s) (former empl) (Entered: 09/04/2003) 351 MOTION To Leave the State While on Bond by Albert Celio (ecrn) (Entered: 11/14/2003) 352 ORDER by Judge Edward W. Nottingham granting motion To Leave the State While on Bond [351-11 ; deft authorized to travel to Riverside, CA kom 12/22/03 to 1/2/04; deft to keep P.O. officer Zorn informed in conjunction with the travel.(Cert of Mailing) (former empl) (Entered: 11/20/2003) 12/02/2003 12/02/2003 353 MOTION For Status Hearing or, Alternatively, Advisement Regarding Trial Setting by USA regarding Albert Celio (ecrn) (Entered: 12/03/2003) 354 MOTION For Status Hearing or, Alternatively, Advisement Regarding Trial Setting by USA regarding Albert Celio (ecrn) (Entered: 12/04/2003)

09/04/2003

I COURTROOM MINUTES Time Court Began: 2:11 pm Time Court
Ended: 2:32 pm OF HEARING before Judge Edward W. Nottingham granting motion To Join and Adopt [252-11 as Albert Celio ; trial preparation conference set for 10:30 1/8/04 for Albert Celio Court Therese Lindblom (former empl) (Entered: 12/22/2003)
' MOTION To Seal Motion by USA regarding Albert Celio (ecrn)

(Entered: 12/29/2003) MOTION To Seal Motion and Motion to Seal (SEALED) by USA regarding Albert Celio (ecrn) (Entered: 01/09/2004) MOTION For Order (SEALED); see order to seal [361-11 by USA regarding Albert Celio (ecm) (Entered: 01/09/2004) MOTION To Seal underlying documents by USA (ecrn) (Entered: 1213112003)
~ ~

I I

MOTION To Seal Motion to Seal and Motion (SEALED) by USA regarding Albert Celio (ecrn) (Entered: 01/09/2004) MOTION For Discovely (SEALED) by USA regarding Albert Celio (ecm'l (Entered: 01/09/2004) COURTROOM MINUTES Time Court Began: 10:42 am Time Court Ended: 10:48 am OF HEARING PENDING MOTIONS before Judge Edward W. Nottingham ; ORDERED: ct finds that the Local Rules have

CWECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rageL1 O I L / Page 21 of 27

been complied with concerning the motions to seal. The court enters the Order to Seal (concerning the subject matter of this hearing); 2) defense counsel's request that this proceeding be closed to all persons but the parties to the case, the P.O., Court Staff, USM and the deft's daughter is GRNATED, no person is to disclose the content of these proceedings, the Court Reporter's notes are to likewise be sealed; The Courtroom was sealed. Court Reporter: Therese Lindblom (former empl) (Entered: 01/09/2004)
-~

MINUTE ORDER; before Judge Edward W. Nottingham jury trial VACATED on 1/8/04 as to Albert Celio (former empl) (Entered: 01/09/2004) ORDER by Judge Edward W. Nottingham GRANTING Motion To Seal Motion and Motion to Seal (SEALED) [360-11, GRANTING Motion To Seal Motion [356-11 (SEALED) (ecm) (Entered: 01/09/2004)
-

COURTROOM MINUTES OF HEARING Time Court Began: 10:48 Time Court Ended: 10:48 before Judge Edward W. Nottingham; Court Minutes are SEALED; Court Reporter: Therese Lindblom (ecm) (Entered: 01/09/2004) NOTICE (SEALED) (former empl) (Entered: 01/22/2004) ORDER by Judge Edward W. Nottingham GRANTING Motion For Order (SEALED); see order to seal [361-11 [362-11 (Cert of Mailing) (ecm) (Entered: 02/10/2004) STATUS REPORT to the Court by Albert Celio; Dr. Rebecca Barkhom has not received any documentation re exam of deft (ecm) (Entered: 05!10/2004) MINUTE ORDER before Judge Edward W. Nottingham; status hearing set for 2:45 5/21/04 for Albert Celio (ecm) (Entered: 05/14/2004) MOTION to reset status conference by Albert Celio (klt) (Entered: 0511 812004) MINUTE ORDER before Judge Edward W. Nottingham GRANTING motion to reset status conference [370-11; the status hearing is VACATED to be reset at a later time (ecm) (Entered: 05/20/2004) MINUTE ORDER before Judge Edward W. Nottingham; a status hearing set for 4:45 6118/04 for Albert Celio (ecm) (Entered: 05/24/2004) MOTION For Order (SEALED) by USA regarding Albert Celio (ecm) :Entered: 06/14/2004) MOTION To Seal [373-11 Motion For Order (SEALED) by USA :egarding Albert Celio (ecm) (Entered: 06/14/2004) 3RDER by Judge Edward W. Nottingham GRANTING Motion For 3rder (SEALED) [373-11 as to Albert Celio (SEALED) (ecm) (Entered: 16/17/2004)

1

1

CWECF - U.S. District Court:cod -Docket Report Case 1:01-cr-00165-EWN Document 448-2

Filed 01/03/2006

rage LL UI Page 22 of 27

iI

ORDER by Judge Edward W. Nottingham GRANTING Motion To Seal [373-11 Motion For Order (SEALED) [374-11 as to Albert Celio (Cert of Mailing) (ecm) (Entered: 06/17/2004) COURTROOM MINUTES OF STATUS CONFERENCE Time Court Began: 4:50 Time Court Ended: 5:02 before Judge Edward W. Nottingham; deft Albert Celio present w/counsel; defts counsel advised the court that the intended psychiatrist who was to perform a mental eval of deft has told counsel that she never received the order or anyone who was to cover the costs and therefore, did not perform the eval.; ORDER: the govt is directed to investigate what is the proper fimding source for defts mental eval.; ORDER: the govt's Ex Parte [373-11 Motion For Order shall be provided to Mr. Steinberg; Court Reporter: Therese Lindblom (ecm) (Entered: 06/22/2004) ARREST of defendant Albert Celio on 6/22/04 (ecm) (Entered: 06/23/2004) COURTROOM MINUTES OF INITIAL APPEARANCE ON BOND VIOLATION Time Court Began: 2:03 Time Court Ended: 2:14 before Magistrate Judge Boyd N. Boland; deft Albert Celio present w!counsel; ORDER: detention and prelim. hearing set for 1:30 6/25/04 for Albert Celio; deft remanded Court Reporter: FTR BNB PM (ecm) (Entered: 06/23/2004) ARREST Warrant returned executed as to Albert Celio on 6118/04 (klt) (Entered: 06/24/2004) COURTROOM MINUTES OF FAILURE TO COMPLY WITH CONDITIONS OF RELEASE Time Court Began: 2:35 Time Court Ended: 4:40 before Magistrate Judge Boyd N. Boland; deft Albert Celio present w/counsel; witnesses; exhibits; ORDER: court finds deft shall be detained pending futher proceedings w/EWN; deft remanded; Court Reporter: FTR BNB PM (ecm) (Entered: 06/29/2004)
-

MINUTE ORDER before Judge Edward W. Nottingham; a hearing regarding failure to comply wiconds. of pretrial release is set for 4:00 7/9/04 for Albert Celio (ecm) (Entered: 06/29/2004)
-

TRANSCRIPT of Preliminary Hearing and Detention of Albert Celio dated 6/25/04; copy; (108 pages) Prepared By: Avery (ecm) (Entered: 37/07/2004)
ORDER of Detention by Magistrate Judge Craig B. Shaffer as to Albert Celio (klt) (Entered: 07/09/2004)

COURTROOM MINUTES ON HEARING RE FAILURE TO COMPLY WITH CONDITIONS OF RELEASE Time Court Began: 4:06 Time Court Ended: 4:22 before Judge Edward W. Nottingham; deft Albert X i 0 present w/counsel; ORDER: the govt is directed to prepare and submit an order for payment for Dr. Barkhorn's mental health eval of the left w/a designation of the source of funds for payment; govt is directed -0provide Dr. Barkhorn wkequested materials as a part of her eval.; deft

CMIECF - U S . District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

ragc LJ

UI L I

Filed 01/03/2006

Page 23 of 27

remanded; Court Reporter: Therese Lindblom (ecrn) (Entered: 0711212004) 386 SECOND SEALED ORDER by Judge Edward W. Nottingham regarding [367-21 Order re Albert Celio (Cert of Mailing) (ecrn) (Entered: 07/16/2004) 387 MOTION To Revoke Detention Order Purs. to 18:3145 by Albert Celio (ecrn) (Entered: 07/16/2004) 388 RESPONSE by USA to Motion To Revoke Detention Order Purs. to 18:3145 [387-11 (ecrn) (Entered: 08/04/2004) 389 MINUTE ORDER before Judge Edward W. Nottingham; regarding [38711 Motion To Revoke Detention Order Purs. to 18:3145, a detention hezing set for 4:00 8!12/04 for Albert Ce!io (ecm) (Entered: 08!04!2004' I 390 COURTROOM MINUTES OF HEARING MOTION TO REVOKE Time Court Began: 4:08 Time Court Ended: 4:16 before Judge Edward W. Nottingham; deft Albert Celio present wicounsel; ORDER: DENYING Motion To Revoke Detention Order Purs. to 18:3145 [387-11; court instmcts govt to call Dr. Barkhorn and tell her that the court wants the exam expedited; Court Reporter: Therese Lindblom (ecrn) (Entered: 0811812004) 0811812004 STATUS REPORT by USA (nrnb) (Entered: 08/19/2004) ORDER by Judge Edward W. Nottingham; this matter is re a redacted copy of Dr. Barkhorn's report re Albert Celio dated 9/17/04 proposed by deft; ORDER: the deft will forthwith serve on the govt a copy of the redacted rpt. previously filed wlthe court; the clerk shall file the court's un-redacted report, under seal, and the contents will not be unsealed until further order of court; a status cont. is set for 3:00 10/20/04 for Albert Celio (Cert of Mailing) (ecrn) (Entered: 10/13/2004) Court's Un-Redacted and SEALED copy of Dr. Barkhorn's Report re Albert Celio (ecrn) (Entered: 1011312004) ORDER by Judge Edward W. Nottingham; a trial preparation conference set for 9:00 4/1/05 for Albert Celio (Cert of Mailing) (ecrn) (Entered: 10/25/2004) MINUTE ORDER; the Trial Preparation Conference is reset to 4/1/2005 02:45 PM before Judge Edward W. Nottingham. (ecrn, ) (Entered: 0210112005) 03/14/2005 397 NOTICE Pursuant to F.R.Cr.P. 16(a)(l)(E) and F.R.Ev. 702 of Intent to Call Expert Witnesses by USA as to Albert Celio (ecrn, ) (Entered: 0312412005) 398 MOTION to Dismiss Counts Pursuant to Rule 48 and Notice Pursuant to F.R.Ev. 404(b) by USA as to Albert Celio. (ecm, ) (Entered: 03/24/2005)

401 ORDER; GRANTING [398] Motion to Dismiss Counts as to Albert

CIWECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

ragCb-r

"A

A

,

Filed 01/03/2006

Page 24 of 27

Celio (1); Counts 5,6, & 7 are DISMISSED. Signed by Judge Edward W. Nottingham on 3/23/05. (ecm, ) (Entered: 03/25/2005) 399 NOTICE And Certification Of Business Records Pursuant To F.R.E. 803 (6) And (902(11) by USA as to Albert Celio (mjg, ) (Entered: 03/25/2005) 400 NOTICE And Certification Of Business Records Pursuant To F.R.E. 803 (6) And 902(11) (Albertson's Pharmacy) by USA as to Albert Celio (mjg, ) (Entered: 03/25/2005) 402 Second REQUEST for Stipulations by USA as to Albert Celio (mnb, ) (Entered: 03/30/2005) REQUEST for Stipulations by USA as to Albert Celio (nmb, ) (Entered: 03/30/2005) REQUEST for Stipulations Concerning Expert Witness Testimony by USA as to Albert Celio (nmb, ) (Entered: 03/30/2005) Proposed Voir Dire by USA as to Albert Celio (ecm, ) (Entered: 04/04/2005) 04/01/2005 04/01/2005

r(406hx~E~~ to Albert Celio (ecm, ) (Entered: 04/04/2005) byUs

1

as

Proposed Voir Dire by Albert Celio (ecm, ) (Entered: 04/04/2005) Minutes of Final Trial Preparation Conference before Judge Edward W. Nottingham: deft Albert Celio present w/counsel; ORDER: Govts requests for stipulations are DENIED; trial documents received; court in recess (Court Reporter Therese Lindblom.) (ecm, ) (Entered: 04/04/2005) Jury Instructions as to Albert Celio (nmb, ) (Entered: 04/07/2005) PROPOSED VERDICT FORMS by Plaintiff USA (nmb, ) (Entered: 04/07/2005) )Minutes of Trial to Jury - 1st Day Judge Edward W. Nottingham: deft Albert Celio present w/counsel; Voir Dire begun; jury sworn to try; witnesses; exhibits; court in recess (Court Reporter Therese Lindblom.) (ecm, ) (Entered: 04/06/2005)
-

-

ORDER EXCLUDING WITNESSES by Judge Edward W. Nottingham as to Albert Celio; all witnesses are excluded from the courtroom during all further proceedings in the case, and no witness shall discuss w/any other witness re questions propounded or testimony given . (nmb, ) . (Entered: 04/07/2005) 34/04/2005 34/04/2005 14/04/2005 34/04/2005 413 WITNESS LIST by USA as to Albert Celio (nrnb, ) (Entered: 04/07/2005) 414 EXHIBIT LIST by USA as to Albert Celio (mnb, ) (Entered: 04/07/2005)
1 -

415 WITNESS LIST by Albert Celio (nmb, ) (Entered: 04/07/2005) 416 ) ~ uInstructions as to Albert Celio (nmb, ) (Entered: 04/07/2005) r ~

CMIECF - U.S. District Courtcod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

r a&C. A,

"A

&,

Filed 01/03/2006

Page 25 of 27

Minutes of Trial to Jury - 2nd Day before Judge Edward W. Nottingham: Defl Albert Celio present w/counsel; witnesses; exhibits; defts oral motions for mistrial are DENIED, deft's oral motion for judgment of acquittal is DENIED; court in recess. (Court Reporter Therese Lindblom.) (nmb, ) (Entered: 04/07/2005) Minutes of Trial to Jury - 3rd Day before Judge Edward W. Nottingham : Deft Albert Celio present w/counsel; deft's motion for judgment of acquittal is DENIED; closing arguments; instructions read to jury; jury retires to deliberate; jury reached a verdict after deliberation. Jury finds deft Albert Celio GUILTY on cts. 1, 2, 3, & 4; Sentencing set for 7/1/2005 09:OO AM before Judge Edward W. Nottingham. (Court Reoorter Therese Lindblom.) (nmb. ) (Entered: 04/08/2005) 419' JURY VERDICT as to Albert Celio (1) GUILTY on Count 1. (nmb, ) (Entered: 04/08/2005)

)04/06/2005

I 0 1
42

JURY VERDICT FORM as to Albert Celio (1) GUILTY on Count 2. (nmb. ) (Entered: 04/08/2005) JURY VERDICT FORM as to Albert Celio (1) GUILTY on Count 3. (nmb, ) (Entered: 04/08/2005)

I

JURY VERDICT FORM as to Albert Celio (1) GUILTY on Count 4. (nmb, ) (Entered: 04/08/2005)
423 STIPULATION & ORDER Regarding Custody of Exhibits and Depositions as to Albert Celio . Signed by Judge Edward W. Nottingham on 4/6/05. (nmb, ) (Entered: 04/08/2005) 424 Receipt for Exhibits and/or Depositions by Albert Celio and USA (nmb, ) (Entered: 04/08/2005) 04/07/2005 425 ORDER Concerning Presentence Investigation & Report as to Albert Celio . Signed by Judge Edward W. Nottingham on 4/6/05. (mjg, ) (Entered: 04/08/2005) 426 ORDER Concerning Sentencing Proceedings as to Albert Cello; Sentencing Hearing is set for 7/1/05 at 9:00 AM before Judge Edward W. Nottingharn (ecm. ) (Entered: 0411 112005) overnment's SENTENCING STATEMENT by Plaintiff USA. (djs, ) (Entered: 04/14/2005) , 427

04/07/2005

04/12/2005 05/26/2005 06/23/2005 07/0 1/2005

--

428 )sentencing Letter; PSI sent to counsel of record by probation re Albert Celio; (mjg, ) (Entered: 06/02/2005)

429 )sentencing Letter; Addendum to PSI sent to counsel of record by probation re Albert Celio; (mjg, ) (Entered: 06/27/2005) Minutes of Sentencing before Judge Edward W. Nottingham as to Albert Celio: Count(s) 1, 2, 3,4: deft to be impr. for 27 mos. and the Court rcmnds FDC Englewood, CO; 3 yrs. supr. rls.; deft shall part. in a prog. of testing & trmt for drug abuse as dir. by p.0. and pay costs; deft shall

CWECF - U.S. District Court:cod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

rag= LU

YI

L

,

Filed 01/03/2006

Page 26 of 27

not incur new credit chgs or open add'l lines of credit w/o appr. from p.0.; deft shall pay a $5,000 fine due no later than date supr. expires, due and pybl during term of incar.; $400 to CVF due irnmed.; deft remanded. (Court Reporter Therese Lindblom.) (nmb, ) (Entered: 07/05/2005) Memorandum of Sentencing Hearing and Report of Statement of Reasons as to Albert Celio signed by Judge Edward W. Nottingharn on 7/1/05. (nrnb, ) (Entered: 07/07/2005) NOTICE OF APPEAL by Albert Celio re [430] Sentencing on 7/1/05. Filing fee $ 255, receipt number 261462. Notice mailed to all counsel on 7/11/05. Transcript Order Form due by 7/25/2005. (djs, ) (Entered: 07/12/2005) 0711812005 07/2 i/2005 0810812005 434 USCA Case Number as to Albert Celio 05-1330 for [433] Notice of Appeal fiied by Albert i e i i o (djs, ) (Entered: 07iiilIdO5) 436 MOTION to Proceed in Forma Pauperis and MOTION for Court Avvointed Counsel bv Albert Celio. (ecm. ) (Entered: 07/25/2005) 438 ORDER of USCA (certified copy) denying without prejudice counsel's motion to withdraw as to Albert Celio re [433] Notice of Appeal. (djs, ) (Entered: 08/09/2005) 439 CJA 23 Financial Affidavit by Albert Celio. (djs, ) (Entered: 08/19/2005) 440 )AMENDED MEMORANDUM of Sentencing and Report of Statement of Reasons bv Albert Celio lecm. ) (Entered: 08/22/2005)

I

0811812005 0811812005 08/19/2005

Y

441 JUDGMENT as to defendant Albert Celio, Criminal Case Terminated. Signed by Judge Edward W. Nottingham on 8116105; eod 8/23/05. (ecm, ) (Entered: 08/23/2005) ORDER finding defendant unable to obtain counsel pursuant to 18 U.S.C. 3006A. [436] Motion to Appoint Counsel is denied with leave to re-file in the US. Court of Appeals. [436] Motion to Proceed In Forma Pauperis as to Albert Celio is denied without prejudice with leavet to refile if counsel is not appointed by the U.S. Court of Appeals. Signed by Judge Edward W. Nottingham on 9/21/05. (djs, ) (Entered: 09/26/2005) TRANSCRIPT ORDER FORM by Albert Celio for proceedings held on 1/22/02, 4/4/05,4/5/05,4/8/05, 7/1/05 re: [433) Notice of Appeal. TOF not signed by Therese Lindblom. (dis. ) (Entered: 12/07/2005) )hdgment Returned Executed as to Albert Celio; Deft delvd to FPC Leavenworth at Leavenworth Kansas on 10112105. (mjg, ) (Entered: 12/09/2005) ORDER of USCA (certified copy) dated 12/20/05 granting the renewed motion to withdraw and appointment of counsel as to Albert Ceiio re [433] Notice of Appeal. Attorney Clifford Barnard is appointed to reoresent defendant. (dis. ) (Entered: 12/21/2005)

-

1

12/21/2005

I4

MOTION to AmendlCorrect [44l] Judgment, Terminate Criminal Case

I

CWECF - U.S. District Courtcod - Docket Report Case 1:01-cr-00165-EWN Document 448-2

ra5~

UL

L,

Filed 01/03/2006

Page 27 of 27

I
12/27/2005

I

I by USA as to Albert Celio. (Spencer, Valeria) (Entered: 12/21/2005)
447 ORDER granting 445 Motion to Amend Judgement as to Albert Celio
(1); Probation Dept. shall prepare amended judgment to reflect dft Albert Celio was found guilty of Counts One through Four of the Indictment by a jury. Signed by Judge Edward W. Nottingham on 12/27/05. (mjg, ) (Entered: 12/27/2005)