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05-249 - USA v. Anderson et al


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05-249 - USA v. Anderson et al
April 6, 2006
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REPORT AND RECOMMENDATION as to James T Anderson, Michelle Mikki Bedard-Anderson, and Neil Dolinsky recommends 61 MOTION to Strike Allegations and Exclude Evidence Regarding Zomax Corporate Policies is referred to the trial judge, 57 MOTION to Dismiss Count 1 for Duplicity be denied, 59 MOTION to Dismiss Counts 1 through 7 and 25 through 30 and Forfeiture Allegations for Unconstitutionality as Applied and Facial Unconstitutionality be denied, 29 MOTION to Suppress Physical Evidence be denied as moot, 63 MOTION to Bifurcate be granted, 28 MOTION to Suppress Statements be denied as moot, 32 MOTION to Sever Defendant be denied. Objections to R&R due by 4/25/2006. R&R Ruling deadline by 5/6/2006.. Signed by Judge Jeanne J Graham on 4/6/06. (MKF)REPORT AND RECOMMENDATION as to James T Anderson, Michelle Mikki Bedard-Anderson, and Neil Dolinsky recommends 61 MOTION to Strike Allegations and Exclude Evidence Regarding Zomax Corporate Policies is referred to the trial judge, 57 MOTION to Dismiss Count 1 for Duplicity be denied, 59 MOTION to Dismiss Counts 1 through 7 and 25 through 30 and Forfeiture Allegations for Unconstitutionality as Applied and Facial Unconstitutionality be denied, 29 MOTION to Suppress Physical Evidence be denied as moot, 63 MOTION to Bifurcate be granted, 28 MOTION to Suppress Statements be denied as moot, 32 MOTION to Sever Defendant be denied. Objections to R&R due by 4/25/2006. R&R Ruling deadline by 5/6/2006.. Signed by Judge Jeanne J Graham on 4/6/06. (MKF)REPORT AND RECOMMENDATION as to James T Anderson, Michelle Mikki Bedard-Anderson, and Neil Dolinsky recommends 61 MOTION to Strike Allegations and Exclude Evidence Regarding Zomax Corporate Policies is referred to the trial judge, 57 MOTION to Dismiss Count 1 for Duplicity be denied, 59 MOTION to Dismiss Counts 1 through 7 and 25 through 30 and Forfeiture Allegations for Unconstitutionality as Applied and Facial Unconstitutionality be denied, 29 MOTION to Suppress Physical Evidence be denied as moot, 63 MOTION to Bifurcate be granted, 28 MOTION to Suppress Statements be denied as moot, 32 MOTION to Sever Defendant be denied. Objections to R&R due by 4/25/2006. R&R Ruling deadline by 5/6/2006.. Signed by Judge Jeanne J Graham on 4/6/06. (MKF)
May 11, 2006
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ORDER: denying 57 Motion to Dismiss as to James T Anderson (1); denying 59 Motion to Dismiss as to James T Anderson (1); denying 61 Motion to Strike as to James T Anderson (1); granting 63 Motion to Bifurcate as to James T Anderson (1); Adopt Report and Recommendation 83 as to James T Anderson (1), Michelle Mikki Bedard-Anderson (2), Neil Dolinsky (3); Anderson's Objections to the R & R 87 are overruled; Donlinsky's Objections to the R & R 89 are overruled; Bedard-Adnerson's Objections to the R & R 90 are overruled; granting in part and the Court reserves ruling in part 97 Motion to Amend/Correct as to James T Anderson (1), Michelle Mikki Bedard-Anderson (2), Neil Dolinsky (3); granting 105 Motion to Strike as to James T Anderson (1); denying as moot 28 Motion to Suppress as to Neil Dolinsky (3); denying as moot 29 Motion to Suppress as to Neil Dolinsky (3); denying 32 Motion to Sever Defendant as to Neil Dolinsky (3). (Written Opinion). Signed by Judge Paul A. Magnuson on 05/11/06. (jmf)ORDER: denying 57 Motion to Dismiss as to James T Anderson (1); denying 59 Motion to Dismiss as to James T Anderson (1); denying 61 Motion to Strike as to James T Anderson (1); granting 63 Motion to Bifurcate as to James T Anderson (1); Adopt Report and Recommendation 83 as to James T Anderson (1), Michelle Mikki Bedard-Anderson (2), Neil Dolinsky (3); Anderson's Objections to the R & R 87 are overruled; Donlinsky's Objections to the R & R 89 are overruled; Bedard-Adnerson's Objections to the R & R 90 are overruled; granting in part and the Court reserves ruling in part 97 Motion to Amend/Correct as to James T Anderson (1), Michelle Mikki Bedard-Anderson (2), Neil Dolinsky (3); granting 105 Motion to Strike as to James T Anderson (1); denying as moot 28 Motion to Suppress as to Neil Dolinsky (3); denying as moot 29 Motion to Suppress as to Neil Dolinsky (3); denying 32 Motion to Sever Defendant as to Neil Dolinsky (3). (Written Opinion). Signed by Judge Paul A. Magnuson on 05/11/06. (jmf)ORDER: denying 57 Motion to Dismiss as to James T Anderson (1); denying 59 Motion to Dismiss as to James T Anderson (1); denying 61 Motion to Strike as to James T Anderson (1); granting 63 Motion to Bifurcate as to James T Anderson (1); Adopt Report and Recommendation 83 as to James T Anderson (1), Michelle Mikki Bedard-Anderson (2), Neil Dolinsky (3); Anderson's Objections to the R & R 87 are overruled; Donlinsky's Objections to the R & R 89 are overruled; Bedard-Adnerson's Objections to the R & R 90 are overruled; granting in part and the Court reserves ruling in part 97 Motion to Amend/Correct as to James T Anderson (1), Michelle Mikki Bedard-Anderson (2), Neil Dolinsky (3); granting 105 Motion to Strike as to James T Anderson (1); denying as moot 28 Motion to Suppress as to Neil Dolinsky (3); denying as moot 29 Motion to Suppress as to Neil Dolinsky (3); denying 32 Motion to Sever Defendant as to Neil Dolinsky (3). (Written Opinion). Signed by Judge Paul A. Magnuson on 05/11/06. (jmf)
June 5, 2006
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ORDER as to James T Anderson (01), Michelle Mikki Bedard-Anderson (02); Defendant Michelle Bedard-Anderson's Motion for Judgment of Acquittal is GRANTED; Defendant James Anderson's Motion for Judgment of Acquittal is GRANTED on Counts 1, 2, 3, 4, 5, 6, 7, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, and DENIED on Counts 8, 9, 10, 11, 12, 13, 25, 26, 27, 28, and 29; Defendant James Anderson's Motion to Dismiss for Lack of Venue (Docket No. 146) is DENIED; and Paragraph 1.o of the Indictment is STRICKEN. (Written Opinion). Signed by Judge Paul A. Magnuson on 06/05/06. (jmf) Modified text on 6/6/2006 (LEG). Certified copy to PROB & USM.ORDER as to James T Anderson (01), Michelle Mikki Bedard-Anderson (02); Defendant Michelle Bedard-Anderson's Motion for Judgment of Acquittal is GRANTED; Defendant James Anderson's Motion for Judgment of Acquittal is GRANTED on Counts 1, 2, 3, 4, 5, 6, 7, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, and DENIED on Counts 8, 9, 10, 11, 12, 13, 25, 26, 27, 28, and 29; Defendant James Anderson's Motion to Dismiss for Lack of Venue (Docket No. 146) is DENIED; and Paragraph 1.o of the Indictment is STRICKEN. (Written Opinion). Signed by Judge Paul A. Magnuson on 06/05/06. (jmf) Modified text on 6/6/2006 (LEG). Certified copy to PROB & USM.
July 13, 2006
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ORDER denying 158 Motion for New Trial as to James T Anderson (1); denying 160 Motion for Acquittal as to James T Anderson (1). (Written Opinion). Signed by Judge Paul A. Magnuson on 07/13/06. (jmf)
September 18, 2006
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ORDER FOR EXTENSION OF TIME TO FILE OBJECTONS AND POSITION PLEADINGS as to James T Anderson. IT IS HEREBY ORDERED that: All written correspondence be due to the Probation Office by November 10, 2006; and position pleadings, if necessary, be filed electronically with the Clerk of Court by November 17, 2006. Signed by Judge Paul A Magnuson on September 16, 2006. (smr) cc: Probation (JME)
November 17, 2006
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ORDER as to James T Anderson re 172 Stipulation filed by USA. Sentencing Position memoranda are to be filed electronically with the Clerk of Court no later than November 27, 2006. Sentencing Position memoranda are to be served upon the parties and Probation Officer James J. Weinberger, no later than November 27, 2006.(Written Opinion). Signed by Judge Paul A. Magnuson on 11/17/06. (jmf) cc: Probation (JME).
February 22, 2007
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ORDER denying 189 Motion for New Trial as to James T Anderson (1)(Written Opinion). Signed by Judge Paul A. Magnuson on 02/21/07. (jmf)
March 27, 2007
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ORDER as to James T Anderson. Defendant's request for an extension of his surrender date is GRANTED; Defendant shall voluntarily surrender directly to the prison camp designated by the Bureau of Prisons on Monday, May 21, 2007; The Court recommends designation to Leavenworth, Kansas; Yankton, South Dakota; or any other prison camp offering the RDAP program; and until his surrender, Defendant shall report regularly to Pretrial Services and comply with all requirements imposed by Pretrial Services. (Written Opinion). Signed by Judge Paul A. Magnuson on 03/26/07. (jmf) cc: USM, Probation. cc: BOP via Email. Modified text on 3/28/2007 (knk).
October 7, 2008
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ORDER TO SECURE PAYMENT OF CRIMINAL MONETARY PENALTIES THROUGH DEPOSIT IN THE CLERK'S REGISTRY ACCOUNT as to James T Anderson. Signed by Senior Judge Paul A. Magnuson on October 4, 2008. Regenerated NEF to cc: Katie Uline, Financial and Probation (smr) Modified text on 10/7/2008 (knk).