Free Evidentiary Hearing - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA - PHOENIX CRIMINAL MINUTES STATUS HEARING

04 / 539 Year Case No.

/1 Dft #

PHX - MHM

DATE: 12/18/07

HON: MARY H. MURGUIA USA v. Tullo, Last Name X Present Angelo First Name Not Present

Judge # 7027 S. Middle Initial Custody Writ

DEFENDANT:

X Released

Deputy Clerk: Kristen Parris U.S.Atty: Howard Sukenic

Crt Rptr/ECR: Merilyn Sanchez Dft Atty: Michael Kimerer FPD Language: Appointed X Retained

Intrptr:

Defendant Gene Monteleone Atty David Appleton Defendant Margaret Molter Atty Michael Bernays

# 2 X Present / X X Retained # 6 X Present / X X Retained

released

released

9:19 a.m. Evidentiary Hearing re: amount of gain commences. FOR THE GOVERNMENT: Angela Wong is sworn, examined, cross-examined, questioned by the Court, further examined on redirect, and further cross-examined. Government's Exhibits 1, 2, 3, and 4 are admitted into evidence. Defendant's Exhibit 1 is admitted into evidence. 12:10 p.m. Court stands at recess. 1:45 p.m. Court reconvenes, same counsel and parties present. Angela Wong resumes the stand, is questioned by the Court, examined further as to Defendant Molter, cross-examined by Mr. Bernays and Mr. Kimerer, examined on redirect, further cross-examined, and excused. Government rests. FOR DEFENDANT TULLO: Roy Garr is sworn, examined, cross-examined, further examined on redirect, and excused. As to Defendant Monteleone: Defendant's Exhibits 2 and 3 are admitted into evidence. As to Defendant Molter: The Government agrees to delete reference to the $1,100 set forth in Exhibit 3, tab 2 and the $4,400 set forth in Exhibit 3, tab 6. Counsel argue their positions in closing. The Court DIRECTS Mr. Appleton to file his supplemental objections which shall correspond with the numbered paragraphs of the presentence report by December 28, 2007; Government's response shall be filed by January 7, 2008. Mr. Appleton states the correct spelling of Defendant Monteleon last name to be Monteleone. The Court FURTHER DIRECTS Mr. Bernays to submit supplemental documentation to the Court and Government by December 21, 2007. 3:40 p.m. Court stands at recess until the Sentencing Hearing set on January 11, 2008, at which time the Court will make its ruling regarding the amount of gain. Time in Court: Case 2:04-cr-00539-MHM Document 255 Filed 12/18/2007 5 hr mins.

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