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12-305 - USA v. Carlson et al


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12-305 - USA v. Carlson et al
July 25, 2013
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REPORT AND RECOMMENDATION as to James Robert Carlson recommends 95 MOTION to Suppress Evidence be Denied; recommends 169 MOTION to Dismiss Indictment, for Bill of Particulars, for Discovery, and for Extension of Time be Denied; recommends 96 MOTION to Dismiss Indictment be Denied; 122 MOTION to Dismiss Counts 1-17 of the Indictment be Denied. Objections to R&R due by 8/8/2013 R&R Ruling due by 8/26/2013. Signed by Magistrate Judge Leo I. Brisbois on 7/25/13. (jdf) Modified text on 7/25/2013 (jdf).
July 25, 2013
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REPORT AND RECOMMENDATION as to Lava Marie Haugen recommends 166 MOTION to Dismiss -VICARIOUS LIABILITY be Denied, recommends 127 MOTION to Dismiss COUNT 21 - VIOLATION OF 21 USC 811(h) be Denied, recommends 152 MOTION to Dismiss FAILURE TO PROVIDE FACTS ESTABLISHING EXISTENCE OF AN ANALOGUE be Denied, recommends 131 MOTION to Dismiss COUNT 21 - DELEGATION OF AUTHORITY be Denied, recommends 156 MOTION to Dismiss be Denied, recommends 133 MOTION to Dismiss COUNT 21 - DUE PROCESS VIOLATION be Denied, recommends 103 MOTION to Dismiss Counts 1, 15 and 17 be Denied, recommends 135 MOTION to Dismiss COUNT 21 - EXECUTIVE ORDER VIOLATIONS be Denied, recommends 94 MOTION to Suppress be Denied, recommends 164 MOTION to Dismiss -ESTOPPEL be Denied, recommends 105 MOTION to Dismiss Indictment (Count 21) be Denied, recommends 106 MOTION to Suppress Evidence of Search and Seizure be Denied, recommends 125 MOTION to Dismiss COUNT 21-CONGRESSIONAL REVIEW ACT VIOLATION be Denied, recommends 160 MOTION to Dismiss -DUE PROCESS be Denied, recommends 184 MOTION to Dismiss -ACT DID NOT TAKE EFFECT UNTIL OCTOBER 1, 2012 be Denied, recommends 129 MOTION to Dismiss COUNT 21 - ENTRAPMENT BY ESTOPPEL be Denied, recommends 158 MOTION to Dismiss -SCIENTIFIC TESTS be Denied, recommends 162 MOTION to Dismiss -EXECUTIVE ORDER VIOLATIONS be Denied. Objections to R&R due by 8/8/2013 R&R Ruling due by 8/26/2013. Signed by Magistrate Judge Leo I. Brisbois on 7/25/13. (jdf)
July 25, 2013
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REPORT AND RECOMMENDATION as to Joseph James Gellerman recommends 175 MOTION to Dismiss Count 21 of Superseding Indictment be Denied, recommends 174 MOTION to Dismiss Analogue Charges in the Superseding Indictment for Failure to Identify Schedule I Controlled Substances be Denied, recommends 178 MOTION to Dismiss Count 21 due to Violation of Due Process Clause be Denied, recommends 179 MOTION to Dismiss Count 21 for Executive Order Violations be Denied, recommends 177 MOTION to Dismiss Count 21 for Violation of Delegation of Authority be Denied, recommends 176 MOTION to Dismiss Count 21 Because DAPA not Effect be Denied, recommends 181 MOTION to Dismiss Count 21 for Improper Imposition of Vicarious Criminal Liability in Violation of Due Process Clause, recommends 180 MOTION to Dismiss Count 21 for Entrapment of Estoppel be Denied, recommends 120 MOTION to Suppress Evidence Obtained through Illegal Search be Denied, recommends 183 MOTION to Dismiss Counts 1, 13, 14 and 21 of Superseding Indictment be Denied, 124 MOTION to Dismiss Indictment be Denied. Objections to R&R due by 8/8/2013 R&R Ruling due by 8/26/2013. Signed by Magistrate Judge Leo I. Brisbois on 7/25/13. (jdf)
September 12, 2013
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 224 225 226 as to James Robert Carlson, Lava Marie Haugen, Joseph James Gellerman for 166 Motion to Dismiss, 127 Motion to Dismiss, 175 Motion to Dismiss, 95 Motion to Suppress, 174 Motion to Dismiss, 176 Motion to Dismiss 177 Motion to Dismiss, 178 Motion to Dismiss, 181 Motion to Dismiss, 180 Motion to Dismiss, 120 Motion to Suppress, 183 Motion to Dismiss, 124 Motion to Dismiss filed, 179 Motion to Dismiss as to Joseph James Gellerman, 152 Motion to Dismiss, 131 Motion to Dismiss, 156 Motion to Dismiss, 133 Motion to Dismiss, 103 Motion to Dismiss, 135 Motion to Dismiss, 94 Motion to Suppress, 164 Motion to Dismiss, 105 Motion to Dismiss, 125 Motion to Dismiss, 160 Motion to Dismiss,106 Motion to Suppress, 184 Motion to Dismiss, 129 Motion to Dismiss, 162 Motion to Dismiss, 158 Motion to Dismiss filed by Lava Marie Haugen, 122 Motion to Dismiss, 169 Motion to Dismiss, 96 Motion to Dismiss as to James Robert Carlson, . Signed by Senior Judge David S. Doty on 9/11/2013. (PJM) Modified text on 9/12/2013 (MKG).ORDER ADOPTING REPORT AND RECOMMENDATIONS 224 225 226 as to James Robert Carlson, Lava Marie Haugen, Joseph James Gellerman for 166 Motion to Dismiss, 127 Motion to Dismiss, 175 Motion to Dismiss, 95 Motion to Suppress, 174 Motion to Dismiss, 176 Motion to Dismiss 177 Motion to Dismiss, 178 Motion to Dismiss, 181 Motion to Dismiss, 180 Motion to Dismiss, 120 Motion to Suppress, 183 Motion to Dismiss, 124 Motion to Dismiss filed, 179 Motion to Dismiss as to Joseph James Gellerman, 152 Motion to Dismiss, 131 Motion to Dismiss, 156 Motion to Dismiss, 133 Motion to Dismiss, 103 Motion to Dismiss, 135 Motion to Dismiss, 94 Motion to Suppress, 164 Motion to Dismiss, 105 Motion to Dismiss, 125 Motion to Dismiss, 160 Motion to Dismiss,106 Motion to Suppress, 184 Motion to Dismiss, 129 Motion to Dismiss, 162 Motion to Dismiss, 158 Motion to Dismiss filed by Lava Marie Haugen, 122 Motion to Dismiss, 169 Motion to Dismiss, 96 Motion to Dismiss as to James Robert Carlson, . Signed by Senior Judge David S. Doty on 9/11/2013. (PJM) Modified text on 9/12/2013 (MKG).ORDER ADOPTING REPORT AND RECOMMENDATIONS 224 225 226 as to James Robert Carlson, Lava Marie Haugen, Joseph James Gellerman for 166 Motion to Dismiss, 127 Motion to Dismiss, 175 Motion to Dismiss, 95 Motion to Suppress, 174 Motion to Dismiss, 176 Motion to Dismiss 177 Motion to Dismiss, 178 Motion to Dismiss, 181 Motion to Dismiss, 180 Motion to Dismiss, 120 Motion to Suppress, 183 Motion to Dismiss, 124 Motion to Dismiss filed, 179 Motion to Dismiss as to Joseph James Gellerman, 152 Motion to Dismiss, 131 Motion to Dismiss, 156 Motion to Dismiss, 133 Motion to Dismiss, 103 Motion to Dismiss, 135 Motion to Dismiss, 94 Motion to Suppress, 164 Motion to Dismiss, 105 Motion to Dismiss, 125 Motion to Dismiss, 160 Motion to Dismiss,106 Motion to Suppress, 184 Motion to Dismiss, 129 Motion to Dismiss, 162 Motion to Dismiss, 158 Motion to Dismiss filed by Lava Marie Haugen, 122 Motion to Dismiss, 169 Motion to Dismiss, 96 Motion to Dismiss as to James Robert Carlson, . Signed by Senior Judge David S. Doty on 9/11/2013. (PJM) Modified text on 9/12/2013 (MKG).
December 10, 2013
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ORDER denying 311 Motion for New Trial as to James Robert Carlson (1); denying 333 Motion for Acquittal as to James Robert Carlson (1); denying 292 Motion for Acquittal as to Lava Marie Haugen (2); denying 309 Motion for Acquittal as to Joseph James Gellerman (3)(Written Opinion). Signed by Senior Judge David S. Doty on 12/10/2013. (PJM)ORDER denying 311 Motion for New Trial as to James Robert Carlson (1); denying 333 Motion for Acquittal as to James Robert Carlson (1); denying 292 Motion for Acquittal as to Lava Marie Haugen (2); denying 309 Motion for Acquittal as to Joseph James Gellerman (3)(Written Opinion). Signed by Senior Judge David S. Doty on 12/10/2013. (PJM)ORDER denying 311 Motion for New Trial as to James Robert Carlson (1); denying 333 Motion for Acquittal as to James Robert Carlson (1); denying 292 Motion for Acquittal as to Lava Marie Haugen (2); denying 309 Motion for Acquittal as to Joseph James Gellerman (3)(Written Opinion). Signed by Senior Judge David S. Doty on 12/10/2013. (PJM)
September 22, 2014
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ORDER granting in part 454 Motion for Release from Custody as to Lava Marie Haugen (2)(Written Opinion). Signed by Senior Judge David S. Doty on 9/22/2014. (PJM)
May 4, 2015
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ORDER denying 486 Motion for Release from Custody as to Lava Marie Haugen (2)(Written Opinion). Signed by Senior Judge David S. Doty on 5/4/2015. (PJM)
May 18, 2015
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ORDER that an extension of the deadline to file a notice of appeal under Rule 4(b)(4) is not granted re 489 USCA Order as to James Robert Carlson (Written Opinion). Signed by Senior Judge David S. Doty on 5/18/2015. (PJM)
April 5, 2018
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ORDER denying 527 Motion to Vacate (2255); denying 532 Motion to Request as to James Robert Carlson (1) (Written Opinion). Signed by Senior Judge David S. Doty on 4/5/2018. (DLO) Civil Case 0:17-cv-04598-DSD closed.