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 represented byTodd M Leventhal true name Flangas & Leventhal Samuel Lynn Davis 600 South Third Street Las Vegas, NV 89101 702-384-1990 Fax: 702-384-1009 Email: [email protected] 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: [email protected]

TERMINATED: 03/16/2009 Designation: FPD

Pending Counts Disposition 18:1656(h) - Conspiracy to Commit MONEY LAUNDERING (1) 18:1656(a)(3)(A) and 2 - MONEY LAUNDERING ; and Aiding and Abetting (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 represented byShawn Rice true name PO Box 700, #81 Shawn Talbot Rice 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: [email protected] TERMINATED: 10/26/2009 Designation: CJA Appointment

Pending Counts Disposition 18:1656(h) - Conspiracy to Commit MONEY LAUNDERING (1) 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 byEric Johnson U.S. Attorney's Office 333 Las Vegas Blvd So Suite 5000 Las Vegas, NV 89101- 702-388-6336 Fax: 702-388-6418 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel D. Hollingsworth U.S. Attorney's Office 333 Las Vegas Blvd So Suite 5000 Las Vegas, NV 89101- Email: [email protected] ATTORNEY TO BE NOTICED

J. Gregory Damm United States Attorney 333 Las Vegas Blvd S Suite 5000 Las Vegas, NV 89101- 702-388-6336 Fax: 702-388-6151 Email: [email protected] 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: [email protected] ATTORNEY TO BE NOTICED

Nicholas D Dickinson US Attorneys Office 333 Las Vegas Blvd. So Las Vegas, NV 89101 702-388-6336 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed # Docket Text 03/03/2009 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 A- 1921 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 #1-Discovery 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 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) 09/13/2010 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 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) 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)