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02-051 - USA v. Salvagno, et al


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02-051 - USA v. Salvagno, et al
July 7, 2005
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ORDER as to Alexander Salvagno, Raul Salvagno, AAR Contractor, Inc.; It is ordered that attorneys are to submit their views in writing as to whether the Court should resentence defendants in light of the currently applicable statutory requirements as explicated in Booker/Fanfan and Crosby by 8/12/05. Signed by Judge Howard G. Munson on 7/6/05. (kcl, )ORDER as to Alexander Salvagno, Raul Salvagno, AAR Contractor, Inc.; It is ordered that attorneys are to submit their views in writing as to whether the Court should resentence defendants in light of the currently applicable statutory requirements as explicated in Booker/Fanfan and Crosby by 8/12/05. Signed by Judge Howard G. Munson on 7/6/05. (kcl, )ORDER as to Alexander Salvagno, Raul Salvagno, AAR Contractor, Inc.; It is ordered that attorneys are to submit their views in writing as to whether the Court should resentence defendants in light of the currently applicable statutory requirements as explicated in Booker/Fanfan and Crosby by 8/12/05. Signed by Judge Howard G. Munson on 7/6/05. (kcl, )
July 27, 2005
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JUDGMENT as to Thomas Reed (2), Count(s) 1, 10, 15-18, 2, 3, 4, 5, 6, 7, 8, 9, Deft sentenced to a term of imprisonment of 60 MONTHS on Counts 1 through 10 and 36 MONTHS on Counts 15 through 18. The sentences on each count shall run concurrent with one another for a total term of 60 MONTHS. Supervised Release: 36 MONTHS on counts 1-10 and 12 MONTHS on counts 15-18. These term of supervised release shall run concurrently for a total term of 36 MONTHS. Special Conditions. Restitution is ordered in the amount of $23,039,607.30 to victims as directed. Deft shall surrender to the USBOP by 2:00pm on August 2, 2005. Special Assessment fee of $1,400.00 due. Signed by Judge Howard G. Munson on 7/19/05. (kcl, )
July 27, 2005
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JUDGMENT as to Michael Shanahan (7), Count(s) 2, 3, Deft is hereby sentenced to imprisonment for a term of 24 MONTHS on each of counts 2 and 3, to run concurrently with each other for a total term of 24 MONTHS. Supervised Release: 2 Years on each of counts 2 and 3 to run concurrently with special conditions. Special Assessment. $200.00. Deft shall surrender to the US/BOP by 2:00pm on August 2, 2005. . Signed by Judge Howard G. Munson on 7/19/05. (kcl, )
January 18, 2006
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ORDER ON CROSBY REMAND as to Alexander Salvagno, Raul Salvagno. Sentencing set for 3/16/2006 02:00 PM in Syracuse before Senior Judge Howard G. Munson.Signed by Judge Howard G. Munson on 1/18/2006. (ptm, )ORDER ON CROSBY REMAND as to Alexander Salvagno, Raul Salvagno. Sentencing set for 3/16/2006 02:00 PM in Syracuse before Senior Judge Howard G. Munson.Signed by Judge Howard G. Munson on 1/18/2006. (ptm, )
February 7, 2006
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JUDGMENT as to Sheon Dimaio (6), Count(s) 2, Judge Munson, upon deft's plea of guilty to Count 2 and 7 of Indictment 2002-CR-0051 hereby orders the deft sentenced to a term of imprisonment of 42 MONTHS. The sentences on each of the counts are to run concurrent with one another for a total term of imprisonment of 42 MONTHS. Supervised Release 2 YEARS with special conditions: Special Assessment: $200.00. No Fine Ordered. Deft is further ordered remanded to the custody of the USMS in accordance with the sentence. Parties advised of appeal; Signed by Judge Howard G. Munson on 2/3/06. (kcl, )
March 6, 2006
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JUDGMENT 02-cr-0051-005 hereby orders the deft Anthony Mongato sentenced to a term of imprisonment of 18 months on each of counts 2, 10, 20 which are to run concurrent with one another for a total term of imprisonment of 18 MONTHS. Supervised Release for a term of 2 YEARS on all counts to run concurrently with special conditions:. Special Assessment: Total of $300.00. No Fine Ordered. Deft is further ordered continued on previously established terms of pretrial release and shall surrender to the BOP as advised by the USMS by 2:00pm on March 28, 2006 in accordance with the terms of this sentence. Court recommends a BOP facility as close to home as possible, not including Otisville, NY.; Signed by Judge Howard G. Munson on 3/3/06. (kcl, )
March 14, 2006
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JUDGMENT as to Gerald Lindquist (9), Count(s) 2, 21, 3, 5, Deft sentenced to a term of imprisonment of 30 months on each of counts 2, 3, 5,and 21 which are to run concurrent with one another for a total term of imprisonment of 30 MONTHS. Supervised Release for a term of 2 YEARS on all counts to run concurrently with special conditions. Special Assessment: Total on each count of $400.00. No Fine Ordered. Deft shall surrender to the BOP as advised by the USMS by 2:00pm on April 25, 2006. Signed by Judge Howard G. Munson on 3/14/06. (lmp)
July 21, 2006
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REPORT AND RECOMMENDATIONS as to Alexander Salvagno, Raul Salvagno: recommending that govt's 531 MOTION for Forfeiture of Property be denied; recommending that 426 post-conviction, post-forfeiture order be vacated. Objections to R&R due by 8/4/2006 Case Review Deadline 8/10/2006. Signed by Judge Randolph F. Treece on 7/21/06. (ban)REPORT AND RECOMMENDATIONS as to Alexander Salvagno, Raul Salvagno: recommending that govt's 531 MOTION for Forfeiture of Property be denied; recommending that 426 post-conviction, post-forfeiture order be vacated. Objections to R&R due by 8/4/2006 Case Review Deadline 8/10/2006. Signed by Judge Randolph F. Treece on 7/21/06. (ban)
August 28, 2006
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DECISION AND ORDER denying 531 Motion for Forfeiture of Property as to Alexander Salvagno (1), Raul Salvagno (3); adopting Report and Recommendations re 656 Report and Recommendations as to Alexander Salvagno (1), Raul Salvagno (3).The Post Conviction, Post Forfeiture Order (Dkt #426) is VACATED. Signed by Judge Lawrence E. Kahn on 8/28/06. (ban)DECISION AND ORDER denying 531 Motion for Forfeiture of Property as to Alexander Salvagno (1), Raul Salvagno (3); adopting Report and Recommendations re 656 Report and Recommendations as to Alexander Salvagno (1), Raul Salvagno (3).The Post Conviction, Post Forfeiture Order (Dkt #426) is VACATED. Signed by Judge Lawrence E. Kahn on 8/28/06. (ban)
September 7, 2006
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AMENDED JUDGMENT as to Alexander Salvagno (1), Count(s) 11ss, Defendant is RESENTENCED on Counts 1, 2-11 and 12-14 of the Second Superseding Indictment; Deft. sentenced to 20 yrs of prison on Count 1, 5 yrs. on count 2 through 11, and 3 yrs on Counts 12-14; Sentences on Counts 2-14 are to run concurrently, but consecutive to Count 1 for a total of 300 months (25 yrs); Upon release from prison, deft. to serve Supervised release for 36 months with conditions; Special Assessment fee of $1400; Restitution due in amount of $23,039,607.30; Forfeiture in the amount of $2,033,457.70; Count(s) 12ss-14ss, Defendant is RESENTENCED on Counts 1, 2-11 and 12-14 of the Second Superseding Indictment; Deft. sentenced to 20 yrs of prison on Count 1, 5 yrs. on count 2 through 11, and 3 yrs on Counts 12-14; Sentences on Counts 2-14 are to run concurrently, but consecutive to Count 1 for a total of 300 months (25 yrs); Upon release from prison, deft. to serve Supervised release for 36 months with conditions; Special Assessment fee of $1400; Restitution due in amount of $23,039,607.30; Forfeiture in the amount of $2,033,457.70; Count(s) 1ss, Defendant is RESENTENCED on Counts 1, 2-11 and 12-14 of the Second Superseding Indictment; Deft. sentenced to 20 yrs of prison on Count 1, 5 yrs. on count 2 through 11, and 3 yrs on Counts 12-14; Sentences on Counts 2-14 are to run concurrently, but consecutive to Count 1 for a total of 300 months (25 yrs); Upon release from prison, deft. to serve Supervised release for 36 months with conditions; Special Assessment fee of $1400; Restitution due in amount of $23,039,607.30; Forfeiture in the amount of $2,033,457.70; Count(s) 2ss, Defendant is RESENTENCED on Counts 1, 2-11 and 12-14 of the Second Superseding Indictment; Deft. sentenced to 20 yrs of prison on Count 1, 5 yrs. on count 2 through 11, and 3 yrs on Counts 12-14; Sentences on Counts 2-14 are to run concurrently, but consecutive to Count 1 for a total of 300 months (25 yrs); Upon release from prison, deft. to serve Supervised release for 36 months with conditions; Special Assessment fee of $1400; Restitution due in amount of $23,039,607.30; Forfeiture in the amount of $2,033,457.70; Count(s) 3ss, Defendant is RESENTENCED on Counts 1, 2-11 and 12-14 of the Second Superseding Indictment; Deft. sentenced to 20 yrs of prison on Count 1, 5 yrs. on count 2 through 11, and 3 yrs on Counts 12-14; Sentences on Counts 2-14 are to run concurrently, but consecutive to Count 1 for a total of 300 months (25 yrs); Upon release from prison, deft. to serve Supervised release for 36 months with conditions; Special Assessment fee of $1400; Restitution due in amount of $23,039,607.30; Forfeiture in the amount of $2,033,457.70; Count(s) 4ss, Defendant is RESENTENCED on Counts 1, 2-11 and 12-14 of the Second Superseding Indictment; Deft. sentenced to 20 yrs of prison on Count 1, 5 yrs. on count 2 through 11, and 3 yrs on Counts 12-14; Sentences on Counts 2-14 are to run concurrently, but consecutive to Count 1 for a total of 300 months (25 yrs); Upon release from prison, deft. to serve Supervised release for 36 months with conditions; Special Assessment fee of $1400; Restitution due in amount of $23,039,607.30; Forfeiture in the amount of $2,033,457.70; Count(s) 5ss-10ss, Defendant is RESENTENCED on Counts 1, 2-11 and 12-14 of the Second Superseding Indictment; Deft. sentenced to 20 yrs of prison on Count 1, 5 yrs. on count 2 through 11, and 3 yrs on Counts 12-14; Sentences on Counts 2-14 are to run concurrently, but consecutive to Count 1 for a total of 300 months (25 yrs); Upon release from prison, deft. to serve Supervised release for 36 months with conditions; Special Assessment fee of $1400; Restitution due in amount of $23,039,607.30; Forfeiture in the amount of $2,033,457.70 . Signed by Judge Lawrence E. Kahn on 9/7/06. (ban, )
September 7, 2006
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AMENDED JUDGMENT as to Raul Salvagno (3), Count(s) 11ss, 1ss, 2ss, 4ss, Deft Raul Salvagno is RESENTENCED to a term of 235 Months of Count 1 and 60 Months on Counts 2,4 and 11. The Sentences on each of these counts shall run concurrently with one another for a total term of Imprisonment of 235 MONTHS. Supervised Release: 36 MONTHS on all counts to be served concurrently. Special Conditions. Restitution: $22,875,575.46 to victims as outlined in PSR. Restitution due immediately, with any remaining payable at a minimum of 25% of gross while in prison and a minimum of $500.00 per month or 10% whichever is greater upon release, payable to Clerk, USDC Syracuse, NY. Interest Waived. Special Assessment: $400.00. Forfeiture: $1,707,156.40. No Fine Imposed. Signed by Judge Lawrence E. Kahn on 9/7/06. (ban)
December 1, 2006
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AMENDED JUDGMENT as to AAR Contractor, Inc. (10), Count(s) 1, AAR Contractor Incorporated is sentenced on Counts 1-11. The Company is to forfeit $2,033,457,70, is to pay restitution in the amount of $22,875,575.46 (Restitution is joint with Alexander&Raul Salvagno) and a special assessment of $4,400.00; Signed by Judge Lawrence E. Kahn on 11/30/06. (ban)
December 8, 2006
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JUDGMENT as to Gary Alvord (4), Count(s) 19, 2, 4, 5, Mr. Alvord is sentenced to: 15 months imprisonment on counts 2,4,5,& 19 to run concurrently to each other; 2 years supervised release - post incarceration, special conditions, 200 hours of community service&$400.00 special assessment. Signed by Judge Lawrence E. Kahn on 12/8/06. (ban)
December 8, 2006
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JUDGMENT as to Robert O'Brey (8), Count(s) 2, 3, 9, Mr. O'Brey is sentenced to: 15 months imprisonment on each count to run concurrently to each other, 2 years supervised release - post imprisonment, special conditions, 200 hours community service&$300.00 special assessment Signed by Judge Lawrence E. Kahn on 11/30/06. (ban)
December 19, 2008
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ORDERED, that Defendants Motions for reconsideration or for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (Dkt. Nos. 800, 801) are DENIED; and it is further ORDERED, that Defendants Motions to certify the issues raised in this Order for interlocutory appeal (Dkt. No. 800, 801) are DENIED; and it is further ORDERED, that Defendants Petitions under 28 U.S.C. § 2241 (Dkt. Nos. 800, 801) are DISMISSED without prejudice; and it is further ORDERED, that the Courts September 4, 2008 and September 10, 2008 Orders (Dkt. Nos. 790, 792) are AFFIRMED. Signed by Senior Judge Lawrence E. Kahn on 12/19/08. (sas)ORDERED, that Defendants Motions for reconsideration or for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (Dkt. Nos. 800, 801) are DENIED; and it is further ORDERED, that Defendants Motions to certify the issues raised in this Order for interlocutory appeal (Dkt. No. 800, 801) are DENIED; and it is further ORDERED, that Defendants Petitions under 28 U.S.C. § 2241 (Dkt. Nos. 800, 801) are DISMISSED without prejudice; and it is further ORDERED, that the Courts September 4, 2008 and September 10, 2008 Orders (Dkt. Nos. 790, 792) are AFFIRMED. Signed by Senior Judge Lawrence E. Kahn on 12/19/08. (sas)