United States District Court
District of Nevada (Las Vegas)
CRIMINAL DOCKET FOR CASE #: 2:09-cr-00078-JCM-RJJ All
Defendants
Case title: USA v. Davis et al
Date Filed: 03/03/2009
Assigned to: Judge James C.
Mahan
Referred to: Magistrate Judge
Robert J. Johnston
Defendant (1)
Samuel Davis
true name
Samuel Lynn Davis
represented by Todd M Leventhal
Flangas & Leventhal
600 South Third Street
Las Vegas, NV 89101
702-384-1990
Fax: 702-384-1009
Email: todlev@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Rebecca A Rosenstein
Federal Public Defender
411 E. Bonneville Avenue
Las Vegas, NV 89101
(702) 388-6577
Fax: (702) 388-6261
Email:
Rebecca_Rosenstein@fd.org
TERMINATED: 03/16/2009
Designation: FPD
Pending Counts
18:1656(h) - Conspiracy to
Commit MONEY LAUNDERING
(1)
18:1656(a)(3)(A) and 2 - MONEY
LAUNDERING ; and Aiding and
Abetting
Disposition
(2-31)
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level
(Terminated)
None
Complaints
Disposition
None
Assigned to: Judge James C.
Mahan
Referred to: Magistrate Judge
Robert J. Johnston
Defendant (2)
Shawn Rice
true name
Shawn Talbot Rice
represented by Shawn Rice
PO Box 700, #81
Ash Fork, AZ 86320
217-853-5726
PRO SE
Michael P. Kimbrell
Michael P. Kimbrell, LTD
523 S. 8th Street
Las Vegas, NV 89101-7002
(702) 471-7001
Fax: (702) 446-0493
Email: mpkimbrell@aol.com
TERMINATED: 10/26/2009
Designation: CJA Appointment
Pending Counts
18:1656(h) - Conspiracy to
Commit MONEY LAUNDERING
(1)
Disposition
18:1656(a)(3)(A) and 2 - MONEY
LAUNDERING ; and Aiding and
Abetting
(19-31)
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level
(Terminated)
None
Complaints
Disposition
None
Interested Party
Charles Tingler
Interested Party
Victoria Tingler
Plaintiff
USA
represented by Eric Johnson
U.S. Attorney's Office
333 Las Vegas Blvd So
Suite 5000
Las Vegas, NV 89101702-388-6336
Fax: 702-388-6418
Email: eric.johnson2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Daniel D. Hollingsworth
U.S. Attorney's Office
333 Las Vegas Blvd So
Suite 5000
Las Vegas, NV 89101Email:
Daniel.Hollingsworth@usdoj.gov
ATTORNEY TO BE NOTICED
J. Gregory Damm
United States Attorney
333 Las Vegas Blvd S
Suite 5000
Las Vegas, NV 89101702-388-6336
Fax: 702-388-6151
Email: gregg.damm@usdoj.gov
ATTORNEY TO BE NOTICED
Michael A Humphreys
United States Attorneys Office
333 Las Vegas Blvd. South
Las Vegas, ne 89101
702-388-6336
Fax: 702-388-6787
Email:
Michael.Humphreys@usdoj.gov
ATTORNEY TO BE NOTICED
Nicholas D Dickinson
US Attorneys Office
333 Las Vegas Blvd. So
Las Vegas, NV 89101
702-388-6336
Email:
nicholas.dickinson@usdoj.gov
ATTORNEY TO BE NOTICED
Date Filed
#
03/03/2009
Docket Text
Case assigned to Judge Howard D. McKibben and Magistrate
Judge Robert J. Johnston. (AXM) (Entered: 03/03/2009)
03/03/2009
1
INDICTMENT as to Samuel Davis (1) count(s) 1, 2-31, Shawn
Rice (2) count(s) 1, 19-31. (AXM) (Entered: 03/03/2009)
03/03/2009
2
AO 257 to 1 Indictment as to Samuel Davis. (AXM) (Entered:
03/03/2009)
03/03/2009
3
AO 257 to 1 Indictment as to Shawn Rice. (AXM) (Entered:
03/03/2009)
03/03/2009
4
MINUTES OF PROCEEDINGS - Grand Jury Return as to Samuel
Davis, Shawn Rice held on 3/3/2009 before Magistrate Judge
Lawrence R. Leavitt. Crtrm Administrator: Erin Smith; AUSA:
Eric Johnson; Court Reporter/FTR #: Joyce Dennehy; Time of
Hearing: 1:16pm; Warrant to issue. (Copies have been distributed
pursuant to the NEF - AXM) (Entered: 03/03/2009)
03/05/2009
7
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate
Judge Peggy A. Leen, as to Samuel Davis, Shawn Rice on
3/5/2009. By Deputy Clerk: Jeff Miller. During proceedings on
03/05/09 in USA v. Lindsey, 2:09-cr-0077-JCM-PAL, government
counsel moved to have that case unsealed, as well as this matter.
The Court GRANTS the request. IT IS ORDERED: This matter
is now UNSEALED for all further proceedings. (no image
attached) (Copies have been distributed pursuant to the NEF JAM) (Entered: 03/05/2009)
03/06/2009
8
Warrant Returned Executed on 3/5/09 in case as to Samuel Davis.
(AXM) (Entered: 03/09/2009)
03/06/2009
9
Warrant Returned Executed on 3/5/09 in case as to Shawn Rice.
(AXM) (Entered: 03/09/2009)
03/06/2009
10
MINUTES OF PROCEEDINGS - Initial Appearance/Arraignment
& Plea as to Samuel Davis, Shawn Rice held on 3/6/2009 before
Magistrate Judge Lawrence R. Leavitt. Crtrm Administrator:
Alana Kamaka; AUSA: Eric Johnson; Def Counsel: Rebecca
Rosenstein, AFPD (for Defendant Davis); and Michael Kimbrell,
Appointed (for Defendant Rice); PTS: Erin Oliver and Sandra
Bustos; Court Reporter/FTR #: 3:51:58-4:31:26; Time of Hearing:
3:00 p.m.; Courtroom: 3C; Both defendants are present, in
custody. Defendant Davis' TRUE NAME: Samuel Lynn Davis.
Defendant Rice's TRUE NAME: Shawn Talbot Rice. Defendants
are advised of their rights and charges against them. Financial
Affidavits are filed. The Federal Public Defender is appointed, and
Defendant Davis is allowed to retain counsel, if he chooses; and
CJA panel attorney is appointed as defense counsel for Defendant
Rice until such time that a determination can be made to represent
himself. Attorney Rebecca A Rosenstein for Samuel Lynn Davis
and Michael P. Kimbrell for Shawn Talbot Rice added. Defendant
Davis requested a ratification of commencement of this action
pursuant to Rule 17 of the Federal Rules of Civil Procedures and
objected to further proceedings until that is brought forth. Court
noted the objection. Both Defendants are arraigned on Indictment.
Both Defendants waived reading of the Indictment. Defendant
Davis stated he would accept the charges for value. The Court
enters NOT GUILTY plea to count(s) 1 through 31 on behalf of
Defendant Samuel Lynn Davis. Not Guilty plea is entered to
Counts 1, 19-31, by Defendant Shawn Talbot Rice. This case is
governed by Government Disclosure Statement. Order regarding
Pretrial Procedure is entered and copies will be served on counsel
in open court. The U.S. Probation Office is directed to prepare a
report detailing the defendant's criminal history, if any.
Government moves for detention as to both defendants. Both Ms.
Rosenstein and Mr. Kimbrell argues. ORDER BOTH Defendants
are released on PR Bond with conditions. Motions due by
4/5/2009. Replies due by 4/19/2009. Responses due by 4/16/2009.
FURTHER ORDER Calendar Call set for 4/21/2009 09:30 AM by
telephonic conference before Judge Howard D. McKibben.
FURTHER ORDER Jury Trial set for 5/14/2009 08:30 AM LV
Courtroom to be determined before Judge Howard D. McKibben.
(no image attached) (Copies have been distributed pursuant to the
NEF - AKK) (Entered: 03/09/2009)
03/06/2009
11
ORDER REGARDING PRETRIAL PROCEDURE as to Samuel
Davis, Shawn Rice. Responses to motions to be filed and served
within eleven (11) calendar days from the date of service of the
motion; and reply brief to be served within three (3) calendar days
from the date of service of the response. Motions due by 4/5/2009.
Signed by Magistrate Judge Lawrence R. Leavitt. (Copies have
been distributed pursuant to the NEF - AXM) (Entered:
03/09/2009)
03/06/2009
14
ORDER APPOINTING COUNSEL as to Samuel Davis. FPD
appointed as counsel for Defendant, subpoenas issued upon
request with exception to out of state subpoenas which will require
court approval. Signed by Magistrate Judge Lawrence R. Leavitt.
(Copies have been distributed pursuant to the NEF - AXM)
(Entered: 03/09/2009)
03/06/2009
15
ORDER APPOINTING COUNSEL as to Shawn Rice. CJA
Michael Kimbrell appointed as counsel for Defendant, subpoenas
issued upon request with exception to out of state subpoenas
which will require court approval. Signed by Magistrate Judge
Lawrence R. Leavitt. (Copies have been distributed pursuant to the
NEF - AXM) (Entered: 03/09/2009)
03/10/2009
18
ORDER OF RECUSAL. This action is referred to Chief Judge
Roger L. Hunt for reassignment. Signed by Judge Howard D.
McKibben on 3/1/09. (Copies have been distributed pursuant to
the NEF - AXM) (Entered: 03/10/2009)
03/12/2009
19
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge
Roger L. Hunt, as to Samuel Davis, Shawn Rice on 3/12/2009. By
Deputy Clerk: Leslie McAnallen. IT IS ORDERED that this case
is reassigned to Judge James C. Mahan for all further proceedings
as District Judge. Judge Howard D. McKibben no longer assigned
to case. All further documents must bear the correct case number
2:09-cr-00078-JCM-RJJ. (no image attached) (Copies have been
distributed pursuant to the NEF - LMC) (Entered: 03/12/2009)
03/16/2009
20
ORDER as to Samuel Davis. ORDERED that Todd Leventhal,
Esq. is APPOINTED as counsel for Samuel Davis in place of the
Federal Public Defender for all further proceedings. The Federal
Public Defender shall forward the file to Mr. Leventhal forthwith.
Signed by Magistrate Judge Robert J. Johnston. (Copies have been
distributed pursuant to the NEF - AXM) (Entered: 03/16/2009)
03/17/2009
22
STRICKEN PER 32 ORDER - MOTION for copy of local rules
by Shawn Rice. Responses due by 3/31/2009. (AXM) Modified on
3/18/2009 (AXM). (Entered: 03/17/2009)
03/17/2009
25
STRICKEN PER 32 ORDER - NOTICE of waiver of speedy trial
by Shawn Rice. (AXM) Modified on 3/18/2009 (AXM). (Entered:
03/17/2009)
03/18/2009
32
ORDER STRIKING FILED DOCUMENTS 21 - 31 . Clerk to
strike documents and return motions to defendant with a copy of
this order. Signed by Magistrate Judge Robert J. Johnston. (Copies
have been distributed pursuant to the NEF - AXM)sent (Entered:
03/18/2009)
03/20/2009
33
STRICKEN pursuant to Order 35 [ MOTION for Discovery by
Shawn Rice. Responses due by 4/3/2009. (AXM) (Entered:
03/20/2009)
03/20/2009
34
NOTICE OF HEARING as to Samuel Davis, Shawn Rice:
Calendar Call set for 5/13/2009 01:30 PM in LV Courtroom 6A
before Judge James C. Mahan. Jury Trial set for 5/18/2009 09:00
AM in LV Courtroom 6A before Judge James C. Mahan. (no
image attached)(DXO) (Entered: 03/20/2009)
04/02/2009
35
ORDER STRIKING Document 33 MOTION for Discovery and
returning document to Defendant Shawn Rice. Signed by
Magistrate Judge Robert J. Johnston on 4/2/09. (Copies have been
distributed pursuant to the NEF - ECS) (Entered: 04/03/2009)
04/07/2009
36
SEALED DOCUMENT by Shawn Rice. Submitted as a
"NOTICE to DTC". (Attachments: # 1 Part Two)(AXM) Modified
to unseal on 4/22/2009 (SRK). (Entered: 04/08/2009)
04/08/2009
37
SEALED EXHIBITS to 36 Unredacted Document, filed by
Shawn Rice. (Attachments: # 1 Part Four)(AXM) Modified to
unseal on 4/22/2009 (SRK). (Entered: 04/08/2009)
04/15/2009
39
REPLY to non-response to Provide the Ratification of
Commencement, filed by Samuel Davis. (AXM) (Entered:
04/15/2009)
04/21/2009
41
ORDER: Defendant Rice's 36 Request for Dismissal is Denied.
The Clerk to Unseal Documents 36 and 37 as to Defendant Shawn
Rice. Signed by Judge James C. Mahan on 04/21/09. (Copies have
been distributed pursuant to the NEF - SRK) (Entered:
04/22/2009)
04/27/2009
42
First MOTION Continue Calendar Call and Trial Dates by USA as
to Samuel Davis, Shawn Rice. Responses due by 5/11/2009.
(Johnson, Eric) (Entered: 04/27/2009)
04/28/2009
43
ORDER Denying 38 Motion to Dismiss Indictment, as to Samuel
Davis (1). Signed by Judge James C. Mahan on 04/28/09. (Copies
have been distributed pursuant to the NEF - AXM) . (Entered:
04/28/2009)
04/30/2009
44
ORDER REGARDING TRIAL as to Samuel Davis, Shawn Rice
Jury Trial set for 5/18/2009 09:00 AM in LV Courtroom 6A
before Judge James C. Mahan. Calendar Call set for 5/13/2009
01:30 PM in LV Courtroom 6A before Judge James C. Mahan.
Exhibit List due by 5/13/2009. Proposed Voir Dire due by
5/13/2009. Proposed Jury Instructions due by 5/13/2009. Trial
Briefs due by 5/13/2009. Signed by Judge James C. Mahan on
4/30/09. (Copies have been distributed pursuant to the NEF VHM) (Entered: 04/30/2009)
04/30/2009
45
NON-OPPOSITION to 42 MOTION Continue Calendar Call and
Trial Dates ; filed by Shawn Rice. (Kimbrell, Michael) (Entered:
04/30/2009)
05/07/2009
46
STRICKEN per 56 Minutes of Proceedings. (MJZ)
RESPONSE to 42 Motion to Continue Calendar Call adn Trial
Date; filed by Samuel Davis. Replies due by 5/13/2009.
(Leventhal, Todd) Added Docket Entry Relationship on
5/11/2009 (SRK). (Entered: 05/07/2009)
05/07/2009
47
Government's Disclosure Statement filed by USA as to Samuel
Davis, Shawn Rice.. (Johnson, Eric) (Entered: 05/07/2009)
05/07/2009
48
ORDER TO CONTINUE - Ends of Justice - Granting 42
MOTION to Continue Trial as to Samuel Davis and Shawn Rice.
Time excluded from 5/18/09 until 10/5/09.( Jury Trial set for
5/18/2009 10/05/2009 09:00 AM in LV Courtroom 6A before
Judge James C. Mahan., Calendar Call set for 9/30/2009 01:30 PM
in LV Courtroom 6A before Judge James C. Mahan.) Signed by
Judge James C. Mahan on 5/7/09. (Copies have been distributed
pursuant to the NEF - ASB) Modified trial date on 5/11/2009
(MAJ). (Entered: 05/07/2009)
05/07/2009
49
STRICKEN per 56 Minutes of Proceedings. (MJZ)
RESPONSE to 42 Motion to Continue Trial filed by I am: Sam.
(ASB) . (Entered: 05/07/2009)
05/14/2009
50
STRICKEN per 53 Order (SD) MOTION (Notice of Affidavit of
Admissions in Commerce by Negative Averment) by Shawn Rice.
Responses due by 5/28/2009. (Entered: 05/15/2009)
05/20/2009
51
STRICKEN per 56 Minutes of Proceedings.
(MJZ)OBJECTION to 48 Order to Continue filed by Samuel
Davis (SD) (Entered: 05/20/2009)
06/02/2009
52
ORDER status conference set for 6/22/2009, at 02:30 PM in LV
Courtroom 3D before Magistrate Judge Robert J. Johnston.
Defendants Shawn Rice and Samuel Davis must be present in
court with their attorneys for this hearing. Defendants are advised
that failure to appear in Court for this hearing may result in a
warrant being issued for their arrest. Signed by Magistrate Judge
Robert J. Johnston on 6/2/2009. (Copies have been distributed
pursuant to the NEF - MXS) (Entered: 06/02/2009)
06/02/2009
53
ORDER STRIKING FILED DOCUMENT. Docket No. 50 Notice
of Affidavit of Admissions in Commerce by Negative Averment is
stricken per Local Rule. Signed by Magistrate Judge Robert J.
Johnston on 06/02/2009. (Copies have been distributed pursuant to
the NEF - SD) (Entered: 06/03/2009)
06/11/2009
54
STRICKEN per 56 Minutes of Proceedings. (MJZ) NOTICE
Entitled "Contract and Notice of Case Termination" by Defendant
Shawn Rice. (ASB) (Entered: 06/11/2009)
06/22/2009
55
NOTICE Legal Notice and Demand by Samuel Davis (SD)
(Entered: 06/22/2009)
06/22/2009
56
MINUTES OF PROCEEDINGS - Hearing re status conference as
to Samuel Davis, Shawn Rice held on 6/22/2009 before Magistrate
Judge Robert J. Johnston. Crtrm Administrator: J. Ries; AUSA:
Eric Johnson; Def Counsel: Todd M. Leventhal and Michael P.
Kimbrell; Court Reporter/FTR #: 2:41 - 3:13; Time of Hearing:
2:30 p.m.; Courtroom: 3D; Defendant Mr. Samuel Davis is
present. Defendant Mr. Shawn Rice is not present. The Court hears
representation from Mr. Kimbrell as to the whereabouts of his
client, Mr. Rice. The Court advises Mr. Kimbrell that his client
filed a document entitled notice - contract & notice of case
termination 54 and the said document is ORDERED STRICKEN
from the file. The Court also notes that Mr. Samuel Davis is also
filing documents without the assistance of his attorney and Mr.
Samuel Davis is advised that he too, is to file documents through
his attorney. Mr. Samuel Davis requests that he be allowed to
represent himself and have Mr. Leventhal as standby counsel. The
Court canvasses Mr. Samuel Davis regarding self representation.
The canvassing of Mr. Samuel Davis is continued to 7/7/09 at 3:00
p.m. and Mr. Samuel Davis is to be present for the canvassing. The
Court makes inquiry of counsel regarding the need for pretrial
motions and counsel advise the Court that a date has not been set.
ORDERED that pretrial motions shall be filed by 7/24/09 with
normal response and reply deadlines. The government moves the
Court to revoke pretrial release of Mr. Shawn Rice and issue a
bench warrant. The Court hears representation from Mr. Kimbrell
regarding the request for a bench warrant by the government.
ORDERED that a bench warrant be issued for Mr. Shawn Rice.
The Court advises counsel that Mr. Shawn Rice presented at the
intake window of the Clerk's office, prior to this hearing, a
document entitled legal notice and demand and supporting
affidavit, and the said document is not filed. This document
together with stricken document 54 are admitted as exhibits for
this hearing. FURTHER ORDERED that documents 46 , 49 , and
51 are inappropriately filed by Mr. Samuel Davis and are stricken
from the file. Defendant, Mr. Samuel Davis is continued on
present terms of release. (no image attached) (Copies have been
distributed pursuant to the NEF - JAR) (Entered: 06/23/2009)
06/22/2009
59
EXHIBIT LIST on behalf of USA as to Samuel Davis, Shawn
Rice (SD) (Entered: 06/23/2009)
06/23/2009
57
CERTIFICATE of Service for Legal Notice and Demand and
Supporting Affidavit, and Other supporting documents filed on
June 22, 2009 by Shawn Rice. (SD) Modified to correct filing
party name on 6/23/2009 (SD). (Entered: 06/23/2009)
07/07/2009
62
MINUTES OF PROCEEDINGS - Hearing re canvassing of the
defendant regarding self representation as to Samuel Davis held on
7/7/2009 before Magistrate Judge Robert J. Johnston. Crtrm
Administrator: J. Ries; AUSA: Eric Johnson; Def Counsel: Todd
M. Leventhal; Court Reporter/FTR #: 3:09 - 3:13; Time of
Hearing: 3:00 p.m.; Courtroom: 3D; Defendant is present on bond.
Mr. Leventhal advises the Court that he has discussed this matter
with his client and his client wishes that Mr. Leventhal remain as
counsel of record. The Court makes inquiry of Mr. Davis and Mr.
Davis affirms his wishes to have Mr. Leventhal as counsel of
record. No further action will be taken on the matter of self
representation. Defendant is continued on present terms of release.
(no image attached) (Copies have been distributed pursuant to the
NEF - JAR) (Entered: 07/14/2009)
07/10/2009
60
Certified Copy of Docket Sheet submitted by Shawn Rice (SD)
(SD). (Entered: 07/10/2009)
07/10/2009
61
NOTICE Capital Tax Payment and Notice of Non-Abandoment of
Escrow Account by Shawn Rice (SD) (Entered: 07/10/2009)
07/17/2009
64
BILL OF PARTICULARS filed by USA as to Samuel Davis,
Shawn Rice FOR FORFEITURE OF PROPERTY. (Hollingsworth,
Daniel) (Entered: 07/17/2009)
07/17/2009
65
Rule 5(c)(3) Documents Received from District of Arizona as to
Shawn Rice. Documents received include Docket Sheet, Waiver
and Commitment Order. (Attachments: # 1 Waiver, # 2
Commitment)(SD) (Entered: 07/20/2009)
07/27/2009
66
MINUTES OF PROCEEDINGS - Initial Appearance on warrant
58 as to Shawn Rice held on 7/27/2009 before Magistrate Judge
Robert J. Johnston. Crtrm Administrator: J. Ries; AUSA: Kishan
Nair; Def Counsel: Michael P. Kimbrell; Court Reporter/FTR #:
3:25 - 3:35; Time of Hearing: 3:00 p.m.; Courtroom: 3D;
Defendant is present in custody. The Court hears representation
from the defendant. The defendant advises the Court that he would
like to represent himself. The canvassing of the defendant
regarding self representation and the completion of this initial
appearance is continued to 7/28/09 at 11:00 a.m.. Defendant is
remanded to custody. Initial Appearance set for 7/27/2009 11:00
AM in LV Courtroom 3D before Magistrate Judge Robert J.
Johnston.(no image attached) (Copies have been distributed
pursuant to the NEF - JAR) (Entered: 07/27/2009)
07/27/2009
67
ORDER SCHEDULING A DETENTION HEARING as to Shawn
Rice. Defendant shall be detained pending hearing. Detention
Hearing set for 7/28/2009 11:00 AM in LV Courtroom 3D before
Magistrate Judge Robert J. Johnston. Signed by Magistrate Judge
Robert J. Johnston on 07/27/2009. (Copies have been distributed
pursuant to the NEF - SD) (Entered: 07/28/2009)
07/28/2009
68
MINUTES OF PROCEEDINGS - Hearing re Continued Initial
Appearance as to Shawn Rice held on 7/28/2009 before Magistrate
Judge Robert J. Johnston. Crtrm Administrator: Melissa Jaime;
AUSA: Eric Johnson; Def Counsel: Michael Kimbrell, CJA; PTS:
Terry Wheaton; Court Reporter/FTR #: 11:15:50 a.m. - 12:33:48
p.m.; Time of Hearing: 11:00 AM; Courtroom: 3D;Defendant is
present, in custody. The Court makes inquiry of the Defendant as
to his wishes of self representation. The Defendant advises the
Court that he wishes to represent himself in this matter. The Court
canvasses Mr. Rice regarding self representation. ORDERED that
the Defendant is GRANTED the right to represent himself. The
Court finds that the Defendant has voluntarily and intelligently
made this decision. (Court takes a brief recess 11:48 - 12:05) This
hearing continues on the record. The Court makes inquiry of Mr.
Rice as to his position of having standby counsel to assist in his
self representation in this matter. Mr. Rice advises the Court that
he wishes to have standby counsel and IT IS ORDERED that Mr.
Kimbrell is appointed as standby counsel. This case having been
designated complex the Court makes inquiry of the parties as to
the status of discovery. Mr. Rice is allowed to participate in the
CM/ECF filing system of this Court and the Court will issue a
separate order regarding the specific requirements in the use of the
CM/ECF System. IT IS ORDERED the parties are to file a motion
practice schedule by 8/12/2009 and it shall be by stipulation or
individual filing. The Court notes that there has not been a petition
for action on pretrial release and the Court hears representations
from Mr. Wheaton. The Court releases the defendant on conditions
previously set by the court that are incorporated in the bond 17 .
(no image attached) (Copies have been distributed pursuant to the
NEF - MAJ) (Entered: 07/29/2009)
07/29/2009
69
Warrant Returned Executed on 7/11/09 in case as to Shawn Rice.
(AXM) (Entered: 07/31/2009)
08/13/2009
70
STIPULATION to Continue pretrial motions & trial by USA as to
Samuel Davis, Shawn Rice. (Johnson, Eric) Modified to show
specific type of stipulation on 8/14/2009 (LMC). (Entered:
08/13/2009)
08/14/2009
72
MOTION to Dismiss with Prejudice, or in the Alternative,
Subpoena Duces Tecum by Shawn Rice. Responses due by
8/28/2009. (SD) (Entered: 08/18/2009)
08/18/2009
71
AMENDED STIPULATION to Set Motions and Responses
Deadlines and to Continue Calendar and Trial Date by USA as to
Samuel Davis, Shawn Rice. (Johnson, Eric) Modified to remove
duplicate wording on 8/19/2009 (LMC). (Entered: 08/18/2009)
08/18/2009
73
ORDER TO CONTINUE - Ends of Justice - as to Samuel Davis,
Shawn Rice Granting 71 Stipulation filed by USA. Time excluded
from 10/6/09 until 2/22/10. Jury Trial set for 2/22/2010 09:00 AM
in LV Courtroom 6A before Judge James C. Mahan. Calendar Call
set for 2/17/2010 01:30 PM in LV Courtroom 6A before Judge
James C. Mahan. Motions due by 11/9/2009. Responses due by
12/7/2009. Replies due by 12/18/2009. Signed by Judge James C.
Mahan. (Copies have been distributed pursuant to the NEF AXM) (Entered: 08/18/2009)
08/28/2009
74
RESPONSE to 72 MOTION to Dismiss ; filed by USA as to
Shawn Rice. Replies due by 9/3/2009. (Attachments: # 1
Exhibit)(Johnson, Eric) (Entered: 08/28/2009)
09/23/2009
75
NOTICE OF ATTORNEY APPEARANCE J. G. Damm
appearing for USA. (Damm, J.) (Entered: 09/23/2009)
09/29/2009
76
TRANSCRIPT of Proceedings, 68 Miscellaneous Hearing as to
Shawn Rice held on Tuesday, July 28, 2009 before Magistrate
Judge Robert J. Johnston. Court Reporter/Transcriber: Cline
Transcription Services, Inc., 702-644-1123. Transcript may be
viewed at the court public terminal or purchased through the Court
Reporter/Transcriber using the court's "Transcript Order" form
available on our website www.nvd.uscourts.gov before the
deadline for Release of Transcript Restriction. After that date it
may be obtained through PACER. Redaction Request due
10/20/2009. Redacted Transcript Deadline set for 10/30/2009.
Release of Transcript Restriction set for 12/28/2009. (SLR)
(Entered: 09/29/2009)
10/01/2009
77
NOTICE (Mandatory Judicial Notice of Status Relation of Simpe
Corporation Sole to its Titular Head with Points and Authorities)
by Shawn Rice (SD) (Entered: 10/01/2009)
10/01/2009
78
AFFIDAVIT of Arthur "Mickey'' O'Brien by Shawn Rice. (SD)
(Entered: 10/01/2009)
10/01/2009
79
NOTICE ( of Misrepresentation of Material Facts by United
States Attorney re Bill of Particulars for Foreiture of Property and
Attempted Theft of Property, Mandatory Judicial Notice) by
Shawn Rice (SD) (Entered: 10/01/2009)
10/01/2009
80
NOTICE (of Termination of Standby Counsel for Cause) by
Shawn Rice (SD) (Entered: 10/01/2009)
10/01/2009
81
NOTICE (Compulsory Counter Claim and Invocation of
Admirality/ Maritime Jurisdiction Side of the Court) by Shawn
Rice (SD) (Entered: 10/02/2009)
10/07/2009
82
MOTION Notice and Demand to Reinstate Previously Stricken
Documents by Shawn Rice. Responses due by 10/21/2009. (SD)
(Entered: 10/08/2009)
10/07/2009
83
Petition to Supersede and Retire all Previous Bonds and Release
Real Party In Interest/ Third Party Intervener From all Liability
and Replevin and Mandatory Judicial Notice by Shawn Rice (SD)
(Entered: 10/08/2009)
10/09/2009
84
ORDER Scheduling Hearing. Hearing set for 10/26/2009 at 09:45
AM in LV Courtroom 3D before Magistrate Judge Robert J.
Johnston re 80 Notice of Termination of Standby Counsel for
Cause filed by Shawn Rice. Only Defendant Shawn Rice and
attorney Michael P. Kimbrell are required to be present in Court
for this hearing. Signed by Magistrate Judge Robert J. Johnston on
10/9/09. (Copies have been distributed pursuant to the NEF - ECS)
(Entered: 10/09/2009)
10/15/2009
85
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate
Judge Robert J. Johnston, as to Shawn Rice on 10/15/2009. By
Judicial Assistant: MXS. Parties are advised that at the hearing
scheduled for 10/26/2009, the Court will also hearing argument on
82 MOTION Notice and Demand to Reinstate Previously Stricken
Documents filed by Shawn Rice. (no image attached) (Copies
have been distributed pursuant to the NEF - MXS) (Entered:
10/15/2009)
10/26/2009
86
MINUTES OF PROCEEDINGS - Hearing re motion to terminate
standby counsel 80 and motion to reinstate previously stricken
documents 82 as to Shawn Rice held on 10/26/2009 before
Magistrate Judge Robert J. Johnston. Crtrm Administrator: J. Ries;
AUSA: J. G. Damm; Def Counsel: Michael P. Kimbrell; Court
Reporter/FTR #: 10:03 - 10:51; Time of Hearing: 9:45 a.m.;
Courtroom: 3D; Defendant is present on bond. The Court hears
representation from the government regarding the motion to
terminate standby counsel 80 . Government is temporarily excused
from the courtroom and this hearing proceeds under seal 10:08:43
- 10:38:51. Government returns to the courtroom and this hearing
continues on the record. ORDERED that the motion to terminate
standby counsel 80 is GRANTED. Mr. Kimbrell is to transfer any
and all discovery to Mr. Rice and Mr. Rice is advised that there is
additional discovery to be picked up today at the U.S. Attorney's
Office. The Court hears representations from the parties regarding
the motion to reinstate previously stricken documents 82 and this
motion is also DENIED. Defendant is continued on present terms
of release. (no image attached) (Copies have been distributed
pursuant to the NEF - JAR) (Entered: 10/28/2009)
11/02/2009
87
MOTION (refiled after being stricken) For Remedy and
Administrative Notice and Acceptance of claim; (46 pages) by
Shawn Rice. Responses due by 11/16/2009. (AXM) (Entered:
11/03/2009)
11/02/2009
88
MOTION for Transcripts; by Shawn Rice. Responses due by
11/16/2009. (AXM) (Entered: 11/03/2009)
11/02/2009
89
STATEMENT RE ADMISSION RE LACK OF LOMAR, by
Shawn Rice. (AXM) (Entered: 11/03/2009)
11/02/2009
90
AFFIDAVIT of Private Federal Union Resignation, by Shawn
Rice. (AXM) (Entered: 11/03/2009)
11/02/2009
91
STATEMENT of Foreign Entry of Default Regarding Status, by
Shawn Rice. (AXM) (Entered: 11/03/2009)
11/02/2009
92
NOTICE (refiled after being stricken) Submitted as a "NOTICE to
DTC"; by Shawn Rice. (Attachments: # 1 Part Two, # 2 Part
Three, # 3 Part Four)(AXM) (Entered: 11/03/2009)
11/05/2009
93
MOTION for Modification of Alleged Pretrial Services
Agreement and Motion for Telephonic Oral Discussion on the
Issue by Shawn Rice. Responses due by 11/19/2009. (SD)
(Entered: 11/06/2009)
11/05/2009
94
MOTION for Motion for Forfeiture in re Accounting, Account
Stated, Unjust Enrichment and Specific Performance, by Shawn
Rice. Responses due by 11/19/2009. (SD) (Entered: 11/06/2009)
11/12/2009
98
MOTION for Writ of Execution, and Affidavit by Shawn Rice.
Motion ripe 11/12/2009. (SD) (Entered: 11/13/2009)
11/12/2009
100
Amended Counterclaim Parties List by Shawn Rice (SD) (Entered:
11/13/2009)
11/17/2009
101
RESPONSE to 94 MOTION for Motion for Forfeiture in re
Accounting, Account Stated, Unjust Enrichment and Specific
Pewrformance ; filed by USA as to Samuel Davis, Shawn Rice.
Shawn Rices Mandatory Judicial Notice of Status Relation of
Simpe Corporation Sole to its Titular Head with Points and
Authorities (Docket #77), and Notice of Misrepresentation of
Material Facts by United States Attorney re Bill of Particulars for
Forfeiture of Property and Attempted Theft of Property and
Mandatory Judicial Notice (#79) Replies due by 11/23/2009.
(Attachments: # 1 Index of Exhibits One, Two and Three, # 2
Exhibit One, Two and Three)(Hollingsworth, Daniel) (Entered:
11/17/2009)
11/24/2009
102
MINUTES OF PROCEEDINGS - Revocation of Pretrial Release
as to Shawn Rice held on 11/24/2009 before Magistrate Judge
Lawrence R. Leavitt. Crtrm Administrator: Alana Kamaka;
AUSA: Gregory Damm; Def Counsel: None Appearing; PTS:
Alison McCurdy; Court Reporter/FTR #: 10:12:13-11:54:13; Time
of Hearing: 10:00 a.m.; Courtroom: 3C; Defendant, Pro Se, is
present, on PR Bond. Court confers with, hears representations of
the parties and is handed documents stated on record in support of
each of their presentations regarding the Petition for Action on
Conditions of Pretrial Release. During the hearing the defendant
hands the Court a copy of his birth certificate and several silver
coins. Upon return of both, the defendant declined to accept same.
The Court kept the birth certificate and ORDERED that the silver
coins will be returned to the defendant. The Court declined to take
action on the petition to revoke release conditions based on the
representations made today, but admonishes the defendant to
comply with the conditions of release and the directives of the
pretrial services officer. The defendant is further strongly urged by
the Court not to engage in conduct that violates any United States
Codes, State or Local laws or his liberty could be in jeopardy.
FURTHER ORDERED Defendant is continued on present terms
of release. (no image attached) (Copies have been distributed
pursuant to the NEF - AKK) (Entered: 11/24/2009)
11/24/2009
103
AFFIDAVIT of Shawn Rice regarding the alleged pre-trial
services violation. (SD) (Entered: 11/25/2009)
11/24/2009
104
LETTER from Shawn Talbot Rice to Timothy F.Geithner, Trustee,
United States Secretary of the Treasury (SD) (Entered:
11/25/2009)
11/24/2009
105
STRICKEN Per Order 110 - SD NOTICE "of Broken Foot" by
Shawn Rice (SD) Modified on 12/10/2009 (SD). (Entered:
11/25/2009)
11/24/2009
107
STRICKEN Per Order 111 - SD Posting of Silver Bond for any
Substance Damage by Shawn Rice. (SD) (Entered: 11/25/2009)
11/25/2009
106
AFFIDAVIT of Shawn Rice. (SD) (Entered: 11/25/2009)
12/07/2009
109
RESPONSE to 83 Notice (Other), 94 MOTION for Motion for
Forfeiture in re Accounting, Account Stated, Unjust Enrichment
and Specific Pewrformance, 77 Notice (Other), 92 Notice (Other),
98 MOTION for Writ, 100 Notice (Other), 79 Notice (Other), 90
Affidavit, 93 MOTION for Modification of Alleged Pretrial
Services Agreement and Motion for Telephonic Oral Discussion
on the Issue, 107 Affidavit, 91 Statement, 89 Statement, 81 Notice
(Other), 87 MOTION, 106 Affidavit, 78 Affidavit, 104 Letter,
filed by USA as to Shawn Rice. (Damm, J.) (Entered: 12/07/2009)
12/10/2009
110
ORDER STRIKING FILED DOCUMENT. Docket No. 105
Notice of Broken Foot is hereby stricken. Signed by Magistrate
Judge Robert J. Johnston on 12/10/2009. (Copies have been
distributed pursuant to the NEF - SD) (Entered: 12/10/2009)
12/10/2009
111
ORDER STRIKING FILED DOCUMENT. Docket No. 107
Posting of Silver Bond for any Substance Damage is stricken.
Signed by Magistrate Judge Robert J. Johnston on 12/10/2009.
(Copies have been distributed pursuant to the NEF - SD) (Entered:
12/10/2009)
12/21/2009
112
NOTICE Of Lodgment of Public Record of Surety on Supersedeas
Bond by Shawn Rice. (ECS) (Entered: 12/21/2009)
12/21/2009
113
NOTICE of Lodgment of Banker's Acceptance of Charges by
Shawn Rice. (ECS) (Entered: 12/21/2009)
12/21/2009
114
REPLY to Response re Counterclaim Demonstrating Previous
Communication to 72 MOTION to Dismiss ; filed by Shawn Rice.
(Attachments: # 1 re Counterclaim Demonstrating Social Security
Connection, # 2 re Counterclaim Demonstrating Trust's
Connection to 50 USC, # 3 re Counterclaim Demonstrating the
Trust's Existence, # 4 Counterclaim Demonstrating Federal
Jurisdiction Limitations, # 5 Counterclaim Demonstrating
Government Corporation Controls, # 6 re Counterclaim
Demonstrating Government Private Corporation Nature, # 7 re
Counterclaim Demonstrating Government Relation to Business, #
8 re Counterclaim Demonstrating National Emergency, # 9 re
Counterclaim Demonstrating Original Issue Discount, # 10 re
Counterclaim Demonstrating Previous Communication, # 11 re
Counterclaim Demonstrating Sovereignty, Laches, Nihil Dicit
Judgment and Estoppel)(ECS) (Entered: 12/21/2009)
12/21/2009
115
MOTION to Dismiss for Lack of Subject Matter Jurisdiction,
Lodgment of Proof of Priority Claim and Relief Requested and
Memorandum of Maxims by Shawn Rice. Responses due by
1/7/2010. (Attachments: # 1 Part 2, # 2 Part 3)(ECS) (Entered:
12/21/2009)
01/04/2010
116
RESPONSE to 115 MOTION to Dismiss ; filed by USA as to
Shawn Rice. Replies due by 1/14/2010. (Damm, J.) (Entered:
01/04/2010)
01/05/2010
118
MEMORANDUM in support of Counter-Claim Demonstrating
Plaintiff Corporate Status, filed by Shawn Rice. (AXM) (Entered:
01/06/2010)
01/06/2010
117
LETTER from Shawn-Talbot Rice (AXM) (Entered: 01/06/2010)
01/06/2010
119
MEMORANDUM in support of Counter-Claim Demonstrating
Bank Fraud, filed by Shawn Rice. (AXM) (Entered: 01/06/2010)
01/06/2010
120
MEMORANDUM in support of the Office of the Embassy in
Trust with the Most High Yahwey Taking Action to Redeem
Equal Weights and Measures; filed by Shawn Rice. (AXM)
(Entered: 01/06/2010)
02/02/2010
121
AFFIDAVIT by Shawn Rice for 3 day notice of commercial arrest
of corporate offices and bonds. (AXM) (Entered: 02/03/2010)
02/04/2010
122
ORDER REGARDING TRIAL as to Samuel Davis Jury Trial set
for 2/22/2010 09:00 AM in LV Courtroom 6A before Judge James
C. Mahan. Calendar Call set for 2/17/2010 01:30 PM in LV
Courtroom 6A before Judge James C. Mahan. Exhibit List due by
2/17/2010. Proposed Voir Dire due by 2/17/2010. Proposed Jury
Instructions due by 2/17/2010. Trial Briefs due by 2/17/2010.
Signed by Judge James C. Mahan on 2/4/2010. (Copies have been
distributed pursuant to the NEF - DXO) (Entered: 02/04/2010)
02/12/2010
123
Living Bond as served by one ounce of Silver served on Clerk of
Court. submitted by Shawn Rice. (AXM) Attached is Exhibit A1921 Silver dollar- held in Vault of USDC. (Entered: 02/12/2010)
02/12/2010
124
MOTION to Revoke Self Representation by USA as to Shawn
Rice. Motion ripe 2/12/2010. (Damm, J.) (Entered: 02/12/2010)
02/13/2010
125
MOTION Continue Trial by Samuel Davis as to Samuel Davis,
Shawn Rice. Responses due by 3/2/2010. (Leventhal, Todd)
Modified to show motion pertains to defendant Davis only on
2/16/2010 (LMC). (Entered: 02/13/2010)
02/13/2010
NOTICE of Docket Correction to 125 MOTION Continue Trial as
to Samuel Davis, Shawn Rice: ERROR: Linked to both
defendants. CORRECTED BY COURT. Counsel reminded to
link only to the defendant to which the document pertains or is
filed on behalf of. (no image attached)(LMC) (Entered:
02/16/2010)
02/17/2010
126
ORDER TO CONTINUE - Ends of Justice - as to Samuel Davis
GRANTING 125 MOTION TO Continue Trial filed by Samuel
Davis. Time excluded from 2/23/10 until 6/21/10. Jury Trial set
for 6/21/2010 09:00 AM in LV Courtroom 6A before Judge James
C. Mahan. Calendar Call set for 6/16/2010 01:30 PM in LV
Courtroom 6A before Judge James C. Mahan. Signed by Judge
James C. Mahan on 2/17/10. (Copies have been distributed
pursuant to the NEF - AXM) (Entered: 02/17/2010)
02/17/2010
127
ORDER TO CONTINUE - Ends of Justice - as to Shawn Rice re
125 MOTION Continue Trial filed by Samuel Davis. Time
excluded from 2/23/10 until 6/21/10.( Jury Trial set for 6/21/2010
09:00 AM in LV Courtroom 6A before Judge James C. Mahan.,
Calendar Call set for 6/16/2010 01:30 PM in LV Courtroom 6A
before Judge James C. Mahan.) Per LC Sarig, this order applies to
both defendants. (cpy mailed to defendant Rice). Signed by Judge
James C. Mahan on 2/17/10. (Copies have been distributed
pursuant to the NEF - LMC) (Entered: 02/18/2010)
02/19/2010
128
ORDER Setting Hearing on Motion 124 MOTION to Revoke Self
Representation : Motion Hearing set for 3/8/2010 10:30 AM in LV
Courtroom 3D before Magistrate Judge Robert J. Johnston. Signed
by Magistrate Judge Robert J. Johnston on 2/19/10. Clerk to serve
copy on Shawn Rice by certified mail. (Copies have been
distributed pursuant to the NEF - AXM) cc#
70070710000529107701 (Entered: 02/22/2010)
02/22/2010
129
Certified Mail {128] Order as to Shawn Rice. (AXM) (Entered:
02/22/2010)
02/25/2010
130
ORDER temporarily unsealing record from 2/12/10 hearing.
Signed by Magistrate Judge Robert J. Johnston on 2/23/10.
(Copies have been distributed pursuant to the NEF - AXM)
(Entered: 02/25/2010)
02/26/2010
131
LETTER written on NEF from 127 Order from Shawn Rice.
(AXM) (Entered: 03/01/2010)
03/01/2010
132
Certified Mail Return per 128 as to Shawn Rice. (AXM) (Entered:
03/01/2010)
03/08/2010
133
MINUTES OF PROCEEDINGS - Motion Hearing as to Shawn
Rice held on 3/8/2010 before Magistrate Judge Robert J. Johnston.
Crtrm Administrator: Jeff Miller; AUSA: J. Gregory Damm; Def
Counsel: none appearing; PTS: Ron Pease, Jaime Stroup; Court
Reporter/FTR #: 11:15:18 - 11:26:22; Courtroom: 3D; Defendant
is not present. Government counsel represents that he received an
email from Defendant Rice on 3/07/10 indicating the he would not
be present at these proceedings, and reads the email for the record.
There were two electronic documents attached to the email, and
Government counsel had printed copies for the Court's review.
The Court marks these documents as Government Exhibits 1 - 3
for the record. IT IS ORDERED: Motion Hearing CONTINUED
TO 3/9/2010 @ 11:00 AM in LV Courtroom 3D before Magistrate
Judge Robert J. Johnston. A BENCH WARRANT WILL ISSUE if
Defendant Rice fails to appear at these proceedings. The Court
states that Defendant Rice shall be permitted entry into the
courthouse providing his behavior is not disruptive, and asks
Pretrial Services to telephonically notify Defendant Rice of these
proceedings. The Court further inquires as to Defendant Rice's
compliance with the conditions of his pretrial release. Pretrial
Services represents that Defendant Rice failed to appear at their
office today as directed, and that Pretrial Services in Arizona also
reports Defendant Rice has refused to report there as well. The
Court directs Pretrial Services to file any petition they deem
appropriate. (no image attached) (Copies have been distributed
pursuant to the NEF - JAM) (Entered: 03/08/2010)
03/09/2010
134
EXHIBIT and Witness List to 133 Motion Hearing, as to Shawn
Rice. (AXM) (Entered: 03/09/2010)
03/09/2010
135
MINUTES OF PROCEEDINGS - Hearing re motion to revoke
self representation 124 as to Shawn Rice held on 3/9/2010 before
Magistrate Judge Robert J. Johnston. Crtrm Administrator: J. Ries;
AUSA: J. G. Damm; PTS: Jaime Stroup; Court Reporter/FTR #:
11:23 - 11:31; Courtroom: 3D; Defendant is not present. The court
canvasses and hears representation from government counsel and
Pretrial Services Officer. The Government and Pretrial Services
are to issue a petition for action on conditions of pretrial release
for failing to appear and for failures to appear and cooperate with
Arizona Pretrial Services. Once the petition has been filed, the
court will sign the petition and issue a warrant for the defendant.
(no image attached) (Copies have been distributed pursuant to the
NEF - JAR) (Entered: 03/09/2010)
04/08/2010
139
MOTION to Dismiss by Shawn Rice. Responses due by
4/25/2010. (AXM) (Entered: 04/08/2010)
05/21/2010
140
NOTICE of Government's Discovery Report by USA as to Samuel
Davis, Shawn Rice. (Attachments: # 1 Exhibit #1-Discovery Index
Bates Stamped 00000001-00000018, # 2 Exhibit #1-Discovery
Index Bates Stamped 00000019-00000036, # 3 Exhibit #1Discovery Index Bates Stamped 00000037-00000057, # 4 Exhibit
#1-Discovery Index Bates Stamped 00000058-00000085)(Damm,
J.) (Entered: 05/21/2010)
05/21/2010
141
TRANSCRIPT of Proceedings, 133 Motion Hearing, as to Shawn
Rice held on Monday, March 8, 2010 before Magistrate Judge
Robert J. Johnston. Court Reporter/Transcriber: Cline
Transcription Services, Inc., 702-644-1123. Transcript may be
viewed at the court public terminal or purchased through the Court
Reporter/Transcriber using the court's "Transcript Order" form
available on our website www.nvd.uscourts.gov before the
deadline for Release of Transcript Restriction. After that date it
may be obtained through PACER. Redaction Request due
6/11/2010. Redacted Transcript Deadline set for 6/21/2010.
Release of Transcript Restriction set for 8/19/2010. (SLR)
(Entered: 05/21/2010)
05/21/2010
142
TRANSCRIPT of Proceedings, 135 Miscellaneous Hearing, as to
Shawn Rice held on Tuesday, March 9, 2010 before Magistrate
Judge Robert J. Johnston. Court Reporter/Transcriber: Cline
Transcription Services, Inc., 702-644-1123. Transcript may be
viewed at the court public terminal or purchased through the Court
Reporter/Transcriber using the court's "Transcript Order" form
available on our website www.nvd.uscourts.gov before the
deadline for Release of Transcript Restriction. After that date it
may be obtained through PACER. Redaction Request due
6/11/2010. Redacted Transcript Deadline set for 6/21/2010.
Release of Transcript Restriction set for 8/19/2010. (SLR)
(Entered: 05/21/2010)
05/21/2010
143
PROPOSED Jury Instructions by USA as to Samuel Davis, Shawn
Rice (Damm, J.) (Entered: 05/21/2010)
05/25/2010
144
NOTICE of Government's Intent to use 404(b) Evidence by USA
as to Samuel Davis, Shawn Rice. (Damm, J.) (Entered:
05/25/2010)
05/25/2010
145
PROPOSED Voir Dire by USA as to Samuel Davis, Shawn Rice
(Damm, J.) (Entered: 05/25/2010)
05/26/2010
146
NOTICE of Supplemental 404(b) by USA as to Samuel Davis,
Shawn Rice. (Damm, J.) (Entered: 05/26/2010)
05/27/2010
147
NOTICE of Second supplemental of intent to use evidence of other
crimes, wrongs or acts by USA as to Samuel Davis, Shawn Rice.
(Damm, J.) Modified to remove duplicate wording & all caps
on 5/28/2010 (LMC). (Entered: 05/27/2010)
05/28/2010
148
NOTICE of Third Supplemental Notice of intent to use evidence of
other crimes, wrongs or acts by USA as to Samuel Davis, Shawn
Rice. (Damm, J.) Modified to remove all caps & duplicate
wording on 6/1/2010 (LMC). (Entered: 05/28/2010)
05/28/2010
149
ORDER REGARDING TRIAL as to Samuel Davis Jury Trial set
for 6/21/2010 09:00 AM in LV Courtroom 6A before Judge James
C. Mahan. Calendar Call set for 6/16/2010 01:30 PM in LV
Courtroom 6A before Judge James C. Mahan. Exhibit List due by
6/16/2010. Proposed Voir Dire due by 6/16/2010. Proposed Jury
Instructions due by 6/16/2010. Trial Briefs due by 6/16/2010.
Signed by Judge James C. Mahan on 5/28/2010. (Copies have
been distributed pursuant to the NEF - DXO) (Entered:
05/28/2010)
06/11/2010
150
Friend of the Court BRIEF by Lewis Vincent Hughes as to Samuel
Davis. (ASB) (Entered: 06/11/2010)
06/11/2010
151
NOTICE of Government's Intent to Use Evidence of Other Crimes
(4th Supplemental 404(b) Notice) by USA as to Samuel Davis,
Shawn Rice. (Damm, J.) (Entered: 06/11/2010)
06/14/2010
152
NOTICE of Government's Intent to Use Summary Exhibits and
Summary Witness Testimony by USA as to Samuel Davis, Shawn
Rice. (Damm, J.) (Entered: 06/14/2010)
06/16/2010
153
MINUTES OF PROCEEDINGS - Calendar Call as to Samuel
Davis, Shawn Rice held on 6/16/2010 before Judge James C.
Mahan. Crtrm Administrator: David Oakes; AUSA: Gregory
Damm; Def Counsel for defendant Samuel Davis: Todd Leventhal;
Court Reporter/FTR #: Joy Garner; Time of Hearing: 1:30 p.m., to
2:00 p.m.; Courtroom: 6A; Defendant Samuel Davis is present.
Defendant Shawn Rice is not present. Mr. Levanthal represented
to the court that his client Samuel Davis wants to represent himself
in proper person. Defendant Samuel Davis is continued on present
terms of release. Defendant Shawn Rice has failed to appear, and a
warrant for the arrest of Shawn Rice for failure to appear for trial
is to be issued. Motion obo defendant Samuel Davis to represent
himself in proper person is due by 6/16/2010 at the close of
business day 4:00 p.m. Submission of Proposed stipulation to
continue the trial is due by 6/16/2010 at the close of business day
4:00 p.m.(no image attached) (Copies have been distributed
pursuant to the NEF - DXO) (Entered: 06/16/2010)
06/16/2010
154
MOTION for Hearing by Samuel Davis. Motion ripe 6/16/2010.
(Leventhal, Todd) (Entered: 06/16/2010)
06/16/2010
155
STIPULATION to continue trial by Samuel Davis. (Leventhal,
Todd) (Entered: 06/16/2010)
06/21/2010
156
ORDER TO CONTINUE - Ends of Justice - Granting 155
Stipulation to Continue Trial as to Samuel Davis. Time excluded
from 6/22/10 until 9/20/10. Jury Trial set for 9/20/2010 09:00 AM
in LV Courtroom 6A before Judge James C. Mahan. Calendar Call
set for 9/15/2010 01:30 PM in LV Courtroom 6A before Judge
James C. Mahan. Signed by Judge James C. Mahan on 6/21/10.
(Copies have been distributed pursuant to the NEF - ASB)
(Entered: 06/21/2010)
07/15/2010
157
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate
Judge Robert J. Johnston, as to Samuel Davis on 7/15/2010. By
Judicial Assistant: MXS. Motion Hearing set for 7/20/2010, at
11:30 AM in LV Courtroom 3D before Magistrate Judge Robert J.
Johnston RE: 154 MOTION for Faretta Hearing filed by Samuel
Davis. (no image attached) (Copies have been distributed
pursuant to the NEF - MXS) (Entered: 07/15/2010)
07/20/2010
158
MINUTES OF PROCEEDINGS - Hearing re motion for Faretta
hearing 154 as to Samuel Davis held on 7/20/2010 before
Magistrate Judge Robert J. Johnston. Crtrm Administrator: J. Ries;
AUSA: J. G. Damm; Def Counsel: Todd M. Leventhal; Court
Reporter/FTR #: 11:39 - 12:06; Courtroom: 3D; Defendant is
present on bond. The court canvasses and hears representations
form all parties. Based upon the canvass and responses to the
questions in this hearing the court finds that Mr. Davis can
represent himself. Mr. Davis requests that Mr. Leventhal be
appointed as standby counsel and this request is GRANTED.
Defendant is continued on present terms of release. (no image
attached) (Copies have been distributed pursuant to the NEF JAR) (Entered: 07/22/2010)
08/30/2010
159
ORDER REGARDING TRIAL as to Samuel Davis Jury Trial set
for 9/21/2010 09:00 AM in LV Courtroom 6A before Judge James
C. Mahan. Calendar Call set for 9/15/2010 01:30 PM in LV
Courtroom 6A before Judge James C. Mahan. Signed by Judge
James C. Mahan on 8/30/2010. (Copies have been distributed
pursuant to the NEF - DXO) (Entered: 08/30/2010)
09/03/2010
160
MOTION to Continue Trial filed by Samuel Davis. Motion ripe
9/3/2010. (EDS) (Entered: 09/07/2010)
09/07/2010
161
RESPONSE in opposition to 160 Motion to continue filed by USA
as to Samuel Davis. (Damm, J.) Modified to link to motion and
remove duplicate wording on 9/10/2010 (LMC). (Entered:
09/07/2010)
09/07/2010
09/13/2010
NOTICE of Docket Correction to 161 Response - Other as to
Samuel Davis: ERROR: Not linked to motion. CORRECTED
BY COURT. Counsel reminded to link all responses, replies,
addendums, supplements, etc to the document to which they
pertain. (no image attached)(LMC) (Entered: 09/10/2010)
162
ORDER that defendant's petition for a continuance of trial 160 for
120 days is DENIED as to Samuel Davis. This court grants
defendant a 60 day continuance of trial. Calendar Call reset for
11/10/2010 at 01:30 PM in LV Courtroom 6A before Judge James
C. Mahan. Jury Trial reset for 11/15/2010 at 09:00 AM in LV
Courtroom 6A before Judge James C. Mahan. Signed by Judge
James C. Mahan on 9/13/10. (Copies have been distributed
pursuant to the NEF - ECS) (Entered: 09/13/2010)
09/20/2010
163
ORDER denying 124 Motion to Revoke as to Shawn Rice (2).
Signed by Magistrate Judge Robert J. Johnston. (Copies have been
distributed pursuant to the NEF - RJJ) (Entered: 09/20/2010)
09/20/2010
164
ORDER denying 98 Motion for Writ as to Shawn Rice (2). Signed
by Magistrate Judge Robert J. Johnston. (Copies have been
distributed pursuant to the NEF - RJJ) (Entered: 09/20/2010)
09/20/2010
165
ORDER denying 87 Motion as to Shawn Rice (2). Signed by
Magistrate Judge Robert J. Johnston. (Copies have been
distributed pursuant to the NEF - RJJ) (Entered: 09/20/2010)
09/20/2010
166
ORDER denying 93 Motion for modification as to Shawn Rice
(2). Signed by Magistrate Judge Robert J. Johnston. (Copies have
been distributed pursuant to the NEF - RJJ) (Entered: 09/20/2010)
09/20/2010
167
ORDER denying 94 Motion for forfeiture as to Shawn Rice (2).
Signed by Magistrate Judge Robert J. Johnston. (Copies have been
distributed pursuant to the NEF - RJJ) (Entered: 09/20/2010)
09/20/2010
168
ORDER denying 88 Motion for transcripts as to Shawn Rice (2).
Signed by Magistrate Judge Robert J. Johnston. (Copies have been
distributed pursuant to the NEF - RJJ) (Entered: 09/20/2010)
09/20/2010
169
REPORT AND RECOMMENDATION of U.S. Magistrate Judge
to DENY 139 Defendant Shawn Rice's Motion to Dismiss.
Objections to R&R due within 14 days of service of this
document. Signed by Magistrate Judge Robert J. Johnston on
9/20/10. (Copies have been distributed pursuant to the NEF - EDS)
(Entered: 09/21/2010)
09/20/2010
170
REPORT AND RECOMMENDATION of U.S. Magistrate Judge
that 72 Defendant Shawn Rice's Motion for Subpoena Duces
Tecum or, in the alternative, to Dismiss with Prejudice be
DENIED. Objections to R&R due within 14 days of service of this
document. Signed by Magistrate Judge Robert J. Johnston on
9/20/10. (Copies have been distributed pursuant to the NEF - EDS)
(Entered: 09/21/2010)
09/20/2010
171
REPORT AND RECOMMENDATION of U.S. Magistrate Judge
that 115 Defendant Rice's Motion to Dismiss be DENIED.
Objections to R&R due within 14 days of service of this
document. Signed by Magistrate Judge Robert J. Johnston on
9/20/10. (Copies have been distributed pursuant to the NEF - EDS)
(Entered: 09/21/2010)
10/25/2010
172
LETTER from Shawn Talbot Rice. (DXS) (Entered: 10/25/2010)
10/27/2010
173
ORDER REGARDING TRIAL as to Samuel Davis Jury Trial set
for 11/15/2010 09:00 AM in LV Courtroom 6A before Judge
James C. Mahan. Calendar Call set for 11/10/2010 01:30 PM in
LV Courtroom 6A before Judge James C. Mahan. Exhibit List due
by 11/10/2010. Proposed Voir Dire due by 11/10/2010. Proposed
Jury Instructions due by 11/10/2010. Trial Briefs due by
11/10/2010. Signed by Judge James C. Mahan on 10/27/2010.
(Copies have been distributed pursuant to the NEF - DXO)
(Entered: 10/27/2010)
10/29/2010
174
ORDER REGARDING REPORT AND RECOMMENDATIONS
as to Samuel Davis and Shawn Rice. The United States Magistrate
Judge Robert J. Johnstons report and recommendations 169 170
171 are AFFIRMED in their entirety. The defendants motion to
dismiss 139 , motion for subpoena duces tecum or, in the
alternative, to dismiss with prejudice 72 , and motion to dismiss
for lack of subject matter jurisdiction, lodgment of proof of
priority claim and relief requested and memorandum of maxims
115 are DENIED. Signed by Judge James C. Mahan on 10/29/10.
(Copies have been distributed pursuant to the NEF - ECS)
(Entered: 10/29/2010)
11/09/2010
175
MOTION for Termination of Stand-by Counsel by Samuel Davis.
Responses due by 11/26/2010. (DXS) (Entered: 11/10/2010)
11/09/2010
176
MOTION to continue good cause shown affidavit in support by
Samuel Davis. Responses due by 11/26/2010. (DXS) (Entered:
11/10/2010)
11/12/2010
177
STIPULATION to continue trial by Samuel Davis as to Samuel
Davis, Shawn Rice. (Leventhal, Todd) (Entered: 11/12/2010)
11/12/2010
178
ORDER TO CONTINUE - Ends of Justice - as to Samuel Davis
GRANTING 177 Stipulation. Time excluded from 11/16/10 until
12/13/10. Jury Trial reset for 12/13/2010 at 09:00 AM in LV
Courtroom 6A before Judge James C. Mahan. Calendar Call reset
for 12/8/2010 at 01:30 PM in LV Courtroom 6A before Judge
James C. Mahan. Signed by Judge James C. Mahan on 11/12/10.
(Copies have been distributed pursuant to the NEF - ECS)
(Entered: 11/12/2010)
11/15/2010
179
NOTICE OF ATTORNEY APPEARANCE Nicholas D Dickinson
appearing for USA. (Dickinson, Nicholas) (Entered: 11/15/2010)
11/15/2010
180
RESPONSE to 175 MOTION Termination of Stand-by Counsel,
176 MOTION to Continue ; filed by USA as to Samuel Davis.
Replies due by 11/25/2010. (Attachments: # 1 Exhibit
A)(Dickinson, Nicholas) (Entered: 11/15/2010)
11/15/2010
Set/Reset Hearings as to Samuel Davis, Shawn Rice: Calendar
Call set for 12/8/2010 1:30 PM is hereby VACATED and
rescheduled for 12/1/2010 01:30 PM in LV Courtroom 6A before
Judge James C. Mahan. (SRB) (Entered: 11/15/2010)
11/16/2010
181
ORDER REGARDING TRIAL as to Samuel Davis Jury Trial set
for 12/13/2010 09:00 AM in LV Courtroom 6A before Judge
James C. Mahan. Calendar Call set for 12/1/2010 01:30 PM in LV
Courtroom 6A before Judge James C. Mahan. Exhibit List due by
12/1/2010. Proposed Voir Dire due by 12/1/2010. Proposed Jury
Instructions due by 12/1/2010. Trial Briefs due by 12/1/2010.
Signed by Judge James C. Mahan on 11/16/2010. (Copies have
been distributed pursuant to the NEF - DXO) (Entered:
11/16/2010)
11/22/2010
182
WITHDRAWAL of Motion by Samuel Davis as to Samuel Davis,
Shawn Rice re 175 MOTION Termination of Stand-by Counsel
filed by Samuel Davis. (Leventhal, Todd) Modified to show
withdrawal pertains to defendant Davis only on 11/29/2010
(LMC). (Entered: 11/22/2010)
11/22/2010
NOTICE of Docket Correction to 182 Withdrawal of Motion, as to
Samuel Davis, Shawn Rice: ERROR: Linked to both
defendants. CORRECTED BY COURT. Counsel reminded to
link documents ONLY to the defendant(s) to which they
pertain. (no image attached)(LMC) (Entered: 11/29/2010)
12/01/2010
183
NOTICE of Re-Instatement of Counsel by Samuel Davis.
(Leventhal, Todd) (Entered: 12/01/2010)
12/01/2010
184
MINUTES OF PROCEEDINGS - Calendar Call as to Samuel
Davis held on 12/1/2010 before Judge James C. Mahan. Crtrm
Administrator: David Oakes; AUSA: Gregory Damm, Nicholas
Dickinson; Def Counsel: Todd Leventhal; Court Reporter/FTR #:
Araceli Bareng; Time of Hearing: 1:30 p.m., to 2:00 p.m.;
Courtroom: 6A; Mr. Leventhal informed the court that he will not
be able to go forward on the 13th of December with the trial
seeing that Mr. Davis would now prefer Mr. Leventhal to represent
him, and also he will be in a 3 week criminal trial starting at the
end of January 2011. Defendant is continued on present terms of
release. Calendar Call set for 3/23/2011 01:30 PM in LV
Courtroom 6A before Judge James C. Mahan. Jury Trial set for
3/28/2011 09:00 AM in LV Courtroom 6A(no image attached)
(Copies have been distributed pursuant to the NEF - DXO)
(Entered: 12/01/2010)
12/09/2010
185
ORDER Granting 182 Withdrawal of 175 MOTION Termination
of Stand-by Counsel as to Samuel Davis. Signed by Magistrate
Judge Robert J. Johnston on 12/9/10. (Copies have been
distributed pursuant to the NEF - ASB) (Entered: 12/09/2010)
12/14/2010
186
12/14/2010
STIPULATION to continue trial by Samuel Davis as to Samuel
Davis, Shawn Rice. (Leventhal, Todd) Modified to show that
stipulation pertains only to defendant Davis on 12/15/2010
(LMC). (Entered: 12/14/2010)
NOTICE of Docket Correction to 186 Stipulation as to Samuel
Davis, Shawn Rice: ERROR: Linked to both defendants.
CORRECTED BY COURT. Counsel has been advised on
several occasions to link only the defendnat(s) to which the
document pertains. Attorney Leventhal to contact the Help
Desk at 464-5555 for assistance in how to properly file
documents. (no image attached)(LMC) (Entered: 12/15/2010)
12/17/2010
187
ORDER TO CONTINUE - Ends of Justice - Granting 186
Stipulation to Continue Trial and Motions Deadline as to Samuel
Davis. Time excluded from 12/14/2010 until 3/28/2011. Jury Trial
set for 3/28/2011 09:00 AM in LV Courtroom 6A before Judge
James C. Mahan. Calendar Call set for 3/23/2011 01:30 PM in LV
Courtroom 6A before Judge James C. Mahan. Signed by Judge
James C. Mahan on 12/17/2010. (Copies have been distributed
pursuant to the NEF - DXS) (Entered: 12/17/2010)
03/08/2011
188
ORDER REGARDING TRIAL as to Samuel Davis Jury Trial set
for 3/28/2011 09:00 AM in LV Courtroom 6A before Judge James
C. Mahan. Calendar Call set for 3/23/2011 01:30 PM in LV
Courtroom 6A before Judge James C. Mahan. Exhibit List due by
3/23/2011. Proposed Voir Dire due by 3/23/2011. Proposed Jury
Instructions due by 3/23/2011. Trial Briefs due by 3/23/2011.
Signed by Judge James C. Mahan on 3/8/2011. (Copies have been
distributed pursuant to the NEF - DXO) (Entered: 03/08/2011)
03/23/2011
189
NOTICE OF HEARING as to Samuel Davis: Change of Plea
Hearing set for 3/25/2011 11:00 AM in LV Courtroom 6A before
Judge James C. Mahan. (no image attached)(DXO) (Entered:
03/23/2011)
03/24/2011
190
MEMORANDUM in Support of Guilty Plea without Plea
Agreement as to Samuel Davis. (Dickinson, Nicholas) Modified to
correct event on 3/25/2011 (LMC). (Entered: 03/24/2011)
03/25/2011
NOTICE of Docket Correction to 190 Plea
Agreement/Memorandum as to Samuel Davis: ERROR: Filed
under wrong event. Document is not a plea
agreement/Memorandum. CORRECTED BY COURT.
Attorney Nicholas Dickinson reminded to select the proper
event when filing documents. In this case MEMORANDUM
event under other documents should have been used. (no
image attached)(LMC) (Entered: 03/25/2011)
03/25/2011
191
MINUTES OF PROCEEDINGS - Change of Plea as to Samuel
Davis held on 3/25/2011 before Judge James C. Mahan. Crtrm
Administrator: David Oakes; AUSA: Gregory Damm, Nicholas
Dickinson, Daniel Hollingsworth; Def Counsel: Todd Leventhal;
Court Reporter/FTR #: Joy Garner; Time of Hearing: 11:00 a.m.,
to 11:30 a.m.; Courtroom: 6A; Defendant is present. Defendant
pleads GUILTY to count(s) 1-31 of the Indictment. Court accepts
the guilty plea. This matter is referred to the probation department
for investigation and report. Trial setting as to this defendant is
vacated. Defendant is continued on present terms of release.
Sentencing and disposition set for 6/24/2011 10:00 AM in LV
Courtroom 6A before Judge James C. Mahan.(no image attached)
(Copies have been distributed pursuant to the NEF - DXO)
(Entered: 03/25/2011)
03/25/2011
192
PRELIMINARY ORDER OF FORFEITURE as to Samuel Davis.
Signed by Judge James C. Mahan on 3/25/11. (Copies have been
distributed pursuant to the NEF - ASB) (Entered: 03/28/2011)
05/04/2011
193
SERVICE by Publication filed by USA as to Samuel Davis. Last
publication date April 28, 2011. Notice of Filing Proof of
Publication (Humphreys, Michael) (Entered: 05/04/2011)
05/27/2011
194
PETITION of Interest by Victoria Tingler and Charles Tingler as
to Samuel Davis and Shawn Rice. (ASB) (Entered: 05/27/2011)
06/03/2011
195
STIPULATION (First Request) to continue sentencing by Samuel
Davis. (Leventhal, Todd) Modified text to show type of stipulation
on 6/6/2011 (LMC). (Entered: 06/03/2011)
06/04/2011
196
Corrected STIPULATION (First Request) to continue sentencing
by Samuel Davis. (Leventhal, Todd) Modified text to show
stipulation is a correction of #195 & type of stipulation on
6/6/2011 (LMC). (Entered: 06/04/2011)
06/07/2011
197
ORDER ON STIPULATION Granting 196 Stipulation to
Continue Sentencing as to Samuel Davis. Sentencing and
disposition set for 9/23/2011 10:00 AM in LV Courtroom 6A
before Judge James C. Mahan. Signed by Judge James C. Mahan
on 6/7/11. (Copies have been distributed pursuant to the NEF ASB) (Entered: 06/07/2011)
09/07/2011
198
STIPULATION FOR EXTENSION OF TIME (Second Request)
by Samuel Davis. (Leventhal, Todd) (Entered: 09/07/2011)
09/12/2011
199
ORDER ON STIPULATION Granting 198 Stipulation to
Continue Sentencing as to Samuel Davis. Sentencing and
disposition set for 10/13/2011 10:30 AM in LV Courtroom 6A
before Judge James C. Mahan. Signed by Judge James C. Mahan
on 9/12/11. (Copies have been distributed pursuant to the NEF ASB) (Entered: 09/12/2011)
10/11/2011
200
STIPULATION to continue sentencing (Third Request) by Samuel
Davis. (Leventhal, Todd) Modified to show type of stipulation on
10/11/2011 (LMC). (Entered: 10/11/2011)
10/12/2011
201
ORDER ON STIPULATION Granting 200 Stipulation to
Continue Sentencing as to Samuel Davis. Sentencing and
disposition reset for 10/27/2011 11:00 AM in LV Courtroom 6A
before Judge James C. Mahan. Signed by Judge James C. Mahan
on 10/12/11. (Copies have been distributed pursuant to the NEF EDS) Modified text on 10/14/2011 (LMC). (Entered: 10/12/2011)