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07-212 - USA v. Fiorito et al


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07-212 - USA v. Fiorito et al
February 11, 2009
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LETTER FROM DISTRICT JUDGE as to Michael Fiorito (Written Opinion). Signed by Judge Patrick J. Schiltz on 02/11/09. (bjs)
April 22, 2009
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ORDER as to Michael Fiorito (1). IT IS HEREBY ORDERED THAT: 1. Defendant Michael Fiorito's motion for permission to conduct voir dire [Docket No. 172] is DENIED. 2. Defendant Michael Fiorito's motion to dismiss the indictment [Docket No. 218 ] is DENIED. 3. Defendant Michael Fiorito's motion for permission to use compliance with state law as part of his defense [Docket No. 216 ] is DENIED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Patrick J. Schiltz on 4/22/09. (sf) Modified text on 4/22/2009 (mkg). cc: deft
September 22, 2009
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ORDER - Based on the foregoing and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT the motion of defendant Michael Fiorito for judgment of acquittal under Fed. R. Crim. P. 29(c) 282 is DENIED.(Written Opinion). Signed by Judge Patrick J. Schiltz on 09/22/09. cc: Deft (bjs) Modified text on 9/23/2009 (jdf).
April 13, 2010
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VACATED, See Order, doc 419. ORDER - Based on the foregoing, and all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: Defendant Michael Fiorito's motion for a downward departure or variance 369 is DENIED. Defendant Michael Fiorito's objections to the September 2, 2009 Presentence Investigation Report are SUSTAINED IN PART and OVERRULED IN PART as set forth in this order. The Court finds, by a preponderance of the evidence and for the reasons set forth in this order, that Fiorito's offense level is 31 and his criminal-history category is VI. The Court finds, by a preponderance of the evidence, that Fiorito must pay restitution of $338,529.89 to the victims and in the amounts set forth in this order. The Probation Office is directed to revise the PSR so that it reflects the findings made in this order. (Written Opinion). Signed by Judge Patrick J. Schiltz on 04/13/10. (bjs)cc: Deft. Modified text on 4/13/2010 (jdf). Modified text on 4/14/2010 (mkg). cc: deft
April 14, 2010
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ORDER as to Michael Fiorito re 418 Order on Motion for downward departure. IT IS HEREBY ORDERED THAT the Court's April 13, 2010 order with respect to sentencing [Docket No. 418] is VACATED. (Written Opinion). Signed by Judge Patrick J. Schiltz on 4/14/10. (sf) cc: Deft. Modified text on 4/14/2010 (jdf).
April 14, 2010
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ORDER as to Michael Fiorito. IT IS HEREBY ORDERED THAT: 1. Defendant Michael Fiorito's motion for a downward departure or variance [Docket No. 369] is DENIED. 2. Defendant Michael Fiorito's objections to the September 2, 2009 Presentence Investigation Report are SUSTAINED IN PART and OVERRULED IN PART asset forth above. 3. The Court finds, by a preponderance of the evidence and for the reasons set forth above, that Fiorito's offense level is 31 and his criminal-history category is VI. 4. The Court finds, by a preponderance of the evidence, that Fiorito must pay restitution of $338,529.89 to the victims and in the amounts set forth above. 5. The Probation Office is directed to revise the PSR so that it reflects the findings made in this order. (Written Opinion). Signed by Judge Patrick J. Schiltz on 4/14/10. (sf) cc: Deft. Modified text on 4/14/2010 (jdf).
April 2, 2013
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ORDER denying 518 Motion as to Michael Fiorito (1)(Written Opinion). Signed by Judge Patrick J. Schiltz on 04/02/13. (bjs) cc: Deft. Modified text on 4/2/2013 (jdf).
May 14, 2015
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ORDER denying 503 Motion to Vacate (2255) as to Michael Fiorito (1); denying as moot 510 Motion for Discovery, 511 Motion for In Camera Review, 526 Motion to Compel, and 536 Motion to Enforce Subpoena as to Michael Fiorito (1); and granting 549 Motion to Withdraw. IT IS HEREBY ORDERED THAT: 1. Defendant Michael Fiorito's motion to vacate, set aside, or correct his sentence under 28 U.S.C. ยง 2255 503 is DENIED. 2. Attorney John Fossum's motion to withdraw 549 is GRANTED. 3. Fiorito's motion for discovery 510 is DENIED AS MOOT. 4. Fiorito's motion for in camera review of evidence 511 is DENIED AS MOOT. 5. Fiorito's motion to compel the government to respond 526 is DENIED AS MOOT. 6. Fiorito's motion to enforce subpoena 536 is DENIED AS MOOT. 7. A certificate of appealability is issued as to the following question: Was Fiorito deprived of his Sixth Amendment right to counsel when Judge Magnuson granted Fiorito's pro se request to withdraw his guilty plea? LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Judge Patrick J. Schiltz on May 14, 2015. (CLG) Civil Case 0:13-cv-00522-PJS closed.
September 15, 2016
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ORDER. IT IS HEREBY ORDERED THAT: 1. Defendant Michael Fiorito's motion to amend 600 is DENIED. 2. Fiorito's motion to appoint counsel 601 is DENIED. 3. Fiorito's motion to hold in abeyance 603 is DENIED. 4. No certificate of appealability will issue. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz on September 15, 2016. (CLG)ORDER. IT IS HEREBY ORDERED THAT: 1. Defendant Michael Fiorito's motion to amend 600 is DENIED. 2. Fiorito's motion to appoint counsel 601 is DENIED. 3. Fiorito's motion to hold in abeyance 603 is DENIED. 4. No certificate of appealability will issue. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz on September 15, 2016. (CLG)
May 23, 2018
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ORDER denying without prejudice 630 Motion to Vacate (2255) and granting 634 Motion for Status Update and File Numbers as to Michael Fiorito (1). (Written Opinion). Signed by Judge Patrick J. Schiltz on 5/23/2018. (CLG) Civil Case 0:18-cv-00786-PJS closed. cc: Fiorito. (kt)