U.S. Department
of Justice
FusionPharm Docket
Docket as of 2/25/2020
U.S. District Court
District of Colorado (Denver)
CRIMINAL DOCKET FOR CASE #: 1:16-cr-00301-WJM All Defendant
| 09/15/2016 | 1 | INFORMATION as to William J. Sears (1) count(s) 1, 2, Scott M. Dittman (2) count(s) 1. (Attachments: # 1 Criminal Information Sheet, # 2 Criminal Information Sheet) (cthom, ) (Entered: 09/16/2016) |
| 09/15/2016 | 6 | MINUTE ENTRY for Initial Appearance, Arraignment, Discovery and Detention Hearing as to William J. Sears and Scott M. Dittman held before Magistrate Judge Kathleen M. Tafoya on 9/15/2016. Parties tender an information to the Court. The Court accepts the information as tendered. Defendants advised. Plea of NOT GUILTY entered by defendants. Discovery memorandum executed. Bond set as to William J. Sears (1) Personal Recognizance and Scott M. Dittman (2) Personal Recognizance. Defendants advised of conditions of bond and remanded for processing and release. Counsel is directed to chambers. (Total time: 34 minutes, Hearing time: 1:46-2:20) APPEARANCES: Kenneth Harmon on behalf of the Government, William Taylor for Defendant Scott Dittman, Frederick Winocur on behalf of William Sears on behalf of the defendant. FTR: KMT Courtroom C201. (lgale, ) Text Only Entry (Entered: 09/16/2016) |
| 09/15/2016 | 7 | Discovery Conference Memorandum and ORDER: as to William J. Sears by Magistrate Judge Kathleen M. Tafoya on 9/15/16. (lgale, ) (Entered: 09/16/2016) |
| 09/15/2016 | 8 | Discovery Conference Memorandum and ORDER: as to Scott M. Dittman by Magistrate Judge Kathleen M. Tafoya on 9/15/16. (lgale, ) (Entered: 09/16/2016) |
| 09/15/2016 | 9 | Personal Recognizance Bond Entered as to William J. Sears (lgale, ) (Entered: 09/16/2016) |
| 09/15/2016 | 10 | ORDER Setting Conditions of Release as to William J. Sears (1) Personal Recognizance by Magistrate Judge Kathleen M. Tafoya on 9/15/16. (lgale, ) (Entered: 09/16/2016) |
| 09/15/2016 | 11 | Personal Recognizance Bond Entered as to Scott M. Dittman (lgale, ) (Entered: 09/16/2016) |
| 09/15/2016 | 12 | ORDER Setting Conditions of Release as to Scott M. Dittman (2) Personal Recognizance by Magistrate Judge Kathleen M. Tafoya on 9/15/16. (lgale, ) (Entered: 09/16/2016) |
| 09/15/2016 | 16 | WAIVER OF INDICTMENT by Scott M. Dittman by Magistrate Judge Kathleen M. Tafoya on 9/15/16. (sgrim) (Entered: 09/19/2016) |
| 09/15/2016 | 17 | WAIVER OF INDICTMENT by William J. Sears by Magistrate Judge Kathleen M. Tafoya on 9/15/16. (sgrim) (Entered: 09/19/2016) |
| 09/16/2016 | 2 | NOTICE OF ATTORNEY APPEARANCE: William Lewis Taylor appearing for Scott M. DittmanAttorney William Lewis Taylor added to party Scott M. Dittman(pty:dft) (Taylor, William) (Entered: 09/16/2016) |
| 09/16/2016 | 3 | NOTICE of Disposition by Scott M. Dittman (Taylor, William) (Entered: 09/16/2016) |
| 09/16/2016 | 4 | NOTICE OF ATTORNEY APPEARANCE: Fredric Michael Winocur appearing for William J. SearsAttorney Fredric Michael Winocur added to party William J. Sears(pty:dft) (Winocur, Fredric) (Entered: 09/16/2016) |
| 09/16/2016 | 5 | NOTICE of Disposition by William J. Sears (Winocur, Fredric) (Entered: 09/16/2016) |
| 09/16/2016 | 13 | ORDER Setting Change of Plea Hearing as to Scott M. Dittman (2): Pursuant to the Notice of Disposition 3 filed by the Defendant, a Change of Plea Hearing is hereby set for November 15, 2016 at 10:15 a.m. in Courtroom A801. Counsel for the parties shall e-mail to Chambers courtesy copies of the "Statement by Defendant In Advance of Change of Plea" and the "Plea Agreement and Statement of Facts" no later than 12:00 p.m. on November 8, 2016. If these documents are not timely submitted, the hearing may be vacated. The signed original and one copy of these documents must also be given to the courtroom deputy at the time of the hearing, pursuant to D.C.COLO.LCrR 11.1E. It is FURTHER ORDERED that defense counsel who reviewed and advised Defendant regarding the plea agreement must attend this Change of Plea Hearing. Pursuant to WJM Revised Practice Standard IX.1.1.c the AUSA assigned to this matter must also be present at the hearing. If that AUSA cannot attend in person, s/he must be present by phone and a fully-briefed substitute AUSA must be physically present in the courtroom at the time of the hearing. SO ORDERED by Judge William J. Martinez on 09/16/2016. Text Only Entry (wjmsec, ) (Entered: 09/16/2016) |
| 09/16/2016 | 14 | ORDER Setting Change of Plea Hearing as to William J. Sears (1): Pursuant to the Notice of Disposition 5 filed by the Defendant, a Change of Plea Hearing is hereby set for November 14, 2016 at 10:00 a.m. in Courtroom A801. Counsel for the parties shall e-mail to Chambers courtesy copies of the "Statement by Defendant In Advance of Change of Plea" and the "Plea Agreement and Statement of Facts" no later than 12:00 p.m. on November 7, 2016. If these documents are not timely submitted, the hearing may be vacated. The signed original and one copy of these documents must also be given to the courtroom deputy at the time of the hearing, pursuant to D.C.COLO.LCrR 11.1E. It is FURTHER ORDERED that defense counsel who reviewed and advised Defendant regarding the plea agreement must attend this Change of Plea Hearing. Pursuant to WJM Revised Practice Standard IX.1.1.c the AUSA assigned to this matter must also be present at the hearing. If that AUSA cannot attend in person, s/he must be present by phone and a fully-briefed substitute AUSA must be physically present in the courtroom at the time of the hearing. SO ORDERED by Judge William J. Martinez on 09/16/2016. Text Only Entry (wjmsec, ) (Entered: 09/16/2016) |
| 09/16/2016 | 15 | NOTICE OF ATTORNEY APPEARANCE: Marci Gilligan LaBranche appearing for William J. SearsAttorney Marci Gilligan LaBranche added to party William J. Sears(pty:dft) (LaBranche, Marci) (Entered: 09/16/2016) |
| 09/16/2016 | 18 | Passport Receipt as to William J. Sears.Surrender of passport re Bond Conditions; Passport Number 498719491 (cthom, ) (Entered: 09/19/2016) |
| 09/20/2016 | 20 | Passport Receipt as to Scott M. Dittman.Surrender of passport re Bond Conditions; Passport Number 436251267 (cthom, ) (Entered: 09/20/2016) |
| 10/17/2016 | 21 | MOTION to Disclose Grand Jury Material to Defendant by USA as to William J. Sears, Scott M. Dittman. (Attachments: # 1 Proposed Order (PDF Only))(Harmon, Kenneth) (Entered: 10/17/2016) |
| 10/17/2016 | 22 | ORDER granting 21 Motion to Disclose Grand Jury Material as to William J. Sears (1), Scott M. Dittman (2) by Judge William J. Martinez on 10/17/2016. (cthom, ) (Entered: 10/17/2016) |
| 10/17/2016 | 23 | MOTION to Withdraw as Attorney by William L. Taylor by Scott M. Dittman. (Attachments: # 1 Proposed Order (PDF Only))(Taylor, William) (Entered: 10/17/2016) |
| 10/18/2016 | 24 | MEMORANDUM regarding 23 MOTION to Withdraw as Attorney by William L. Taylor filed by Scott M. Dittman. Motion(s) referred to Magistrate Judge Kristen L. Mix. by Judge William J. Martinez on 10/18/2016. Text Only Entry (wjmsec, ) (Entered: 10/18/2016) |
| 10/18/2016 | 25 | ORDER denying without prejudice 23 Motion to Withdraw as Attorney for Scott M. Dittman(2) due to failure to comply with D.C.COLO.LAttyR 5(b). The Motion fails to state the reasons for withdrawal, fails to warn that the defendant is personally responsible for complying with all court orders and time limitations, and fails to indicate service of the motion on defendant. By Magistrate Judge Kristen L. Mix on October 18, 2016. Text Only Entry (klm) (Entered: 10/18/2016) |
| 10/20/2016 | 26 | MOTION to Withdraw as Attorney by William L. Taylor by Scott M. Dittman. (Attachments: # 1 Proposed Order (PDF Only))(Taylor, William) (Entered: 10/20/2016) |
| 10/20/2016 | 27 | MEMORANDUM regarding 26 MOTION to Withdraw as Attorney by William L. Taylor filed by Scott M. Dittman. Motion(s) referred to Magistrate Judge Nina Y. Wang. by Judge William J. Martinez on 10/20/2016. Text Only Entry (wjmsec, ) (Entered: 10/20/2016) |
| 10/21/2016 | 28 | MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/21/16 as to Scott M. Dittman re 26 MOTION to Withdraw as Attorney by William L. Taylor, filed by Scott M. Dittman. Motion Hearing set for 11/4/2016 11:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Defendant Scott M. Dittman MUST APPEAR IN PERSON at the hearing. (nmarb, ) (Entered: 10/21/2016) |
| 11/04/2016 | 29 | COURTROOM MINUTES for Motion Hearing as to Scott M. Dittman held on 11/4/2016 before Magistrate Judge Nina Y. Wang. Defendant present on bond. Discussion held regarding issues of Mr. Taylor's request to withdraw as counsel for Mr. Dittman. The courtroom is sealed. The courtroom is unsealed. The Motion to Withdraw 26 will be granted. A written order shall issue. Defendants bond continues. (Total time: 29 minutes, Hearing time: 10:59-11:28, part of this hearing is sealed and only available by further order of the court. 11:09-11:25) APPEARANCES: Kenneth Harmon on behalf of the Government, William Taylor on behalf of the defendant. FTR: Courtroom C-204. (bwilk, ) Text Only Entry (Entered: 11/04/2016) |
| 11/04/2016 | 30 | ORDER by Magistrate Judge Nina Y. Wang on 11/4/16 GRANTING 26 Motion to Withdraw as Attorney. William Lewis Taylor withdrawn from case as to Scott M. Dittman (2). The court ORDERS that counsel be APPOINTED for Defendant Scott M. Dittman under the Criminal Justice Act. (nmarb, ) (Entered: 11/04/2016) |
| 11/04/2016 | 31 | ORDER APPOINTING COUNSEL as to Scott M. Dittman, under the Criminal Justice Act, by Magistrate Judge Nina Y. Wang on 11/4/16. Text Only Entry (nmarb, ) (Entered: 11/04/2016) |
| 11/04/2016 | 32 | NOTICE OF ATTORNEY APPEARANCE: Matthew Kyle Belcher appearing for Scott M. DittmanAttorney Matthew Kyle Belcher added to party Scott M. Dittman(pty:dft) (Belcher, Matthew) (Entered: 11/04/2016) |
| 11/04/2016 | 33 | CJA 23 Financial Affidavit by Scott M. Dittman. (bwilk, ) (Entered: 11/04/2016) |
| 11/04/2016 | 34 | RESTRICTED DOCUMENT - Level 1: Government's Exhibit by USA as to Scott M. Dittman for 29 Motion Hearing. (bwilk, ) (Entered: 11/04/2016) |
| 11/08/2016 | 35 | MOTION to Withdraw as Attorney and for Appointment of Conflict Free Counsel from CJA Panel by Matthew K. Belcher by Scott M. Dittman. (Belcher, Matthew) (Entered: 11/08/2016) |
| 11/08/2016 | 36 | ORDER as to Scott M. Dittman (2) granting the Federal Public Defender's Motion to Withdraw as Counsel and for Appointment of Conflict Free Counsel from CJA Panel 35 . The Motion is GRANTED for good cause shown. Assistant Federal Public Defender Matthew K. Belcher is hereby granted leave to withdraw from this case, and the Clerk of Court shall terminate all further CM/ECF notification to AFPD Belcher in this case. The Clerk is also DIRECTED to appoint CJA Counsel for Defendant Dittman as soon as practicable. It is FURTHER ORDERED that the Change of Plea Hearing set for November 15, 2016 at 10:15 a.m. is hereby VACATED. Upon the entry of appearance of Defendant Dittman's new counsel, the Government and Defendant Dittman's counsel shall jointly contact Chambers (303-335-2805) to obtain a new date for the Change of Plea Hearing. SO ORDERED. by Judge William J. Martinez on 11/08/2016. Text Only Entry (wjmsec, ) (Entered: 11/08/2016) |
| 11/08/2016 | 37 | ORDER as to William J. Sears (1): At the Change of Plea Hearing set for November 14, 2016, the parties should be prepared to discuss whether, pursuant to 18 U.S.C. § 3143, Defendant Sears should remain on pretrial release pending imposition of his sentence, or whether his bond should be revoked and he should be remanded at the conclusion of the Change of Plea Hearing. SO ORDERED by Judge William J. Martinez on 11/08/2016. Text Only Entry (wjmsec, ) (Entered: 11/08/2016) |
| 11/09/2016 | 38 | NOTICE OF ATTORNEY APPEARANCE: Alaurice Marie Tafoya-Modi appearing for Scott M. DittmanAttorney Alaurice Marie Tafoya-Modi added to party Scott M. Dittman(pty:dft) (Tafoya-Modi, Alaurice) (Entered: 11/09/2016) |
| 11/14/2016 | 39 | MOTION to Withdraw as Attorney by Alaurice Tafoya-Modi by Scott M. Dittman. (Tafoya-Modi, Alaurice) (Entered: 11/14/2016) |
| 11/14/2016 | 40 | MINUTE ENTRY for proceedings held before Judge William J. Martinez: Change of Plea Hearing as to Defendant 1. William J. Sears held on 11/14/2016. Defendant pleads guilty to Counts One and Two of the Information and admits to the forfeiture allegation. ORDERED:Defendant Sears' Plea Agreement will be filed restricted - Level 2.The parties have up to and including Monday, November 28, 2016 to file motions for leave to file redacted Plea Agreements for Defendant Sears and Defendant Dittman assuming Defendant Dittman goes ahead with his Plea Agreement. Sentencing for Defendant Sears is set for 4/24/2017 at 10:30 AM in Courtroom A801 before Judge William J. Martinez. IT IS ORDERED that the defendant is permitted to remain free on bond subject to the conditions of release as set forth in the Order Setting Conditions of Release entered by the Magistrate Judge, with the following ADDITIONAL CONDITIONS: The defendant will not discuss the facts of this case, the evidence, witnesses, or any of the issues raised by this prosecution, either with his co-defendant, Mr. Dittman, or any other potential witness in this case.Court Reporter: Mary George. (dhans, ) (Entered: 11/14/2016) |
| 11/14/2016 | 41 | RESTRICTED DOCUMENT - Level 2: Plea Agreement, pages 1 thru 25, as to William J. Sears. (dhans, ) (Entered: 11/14/2016) |
| 11/14/2016 | 42 | RESTRICTED DOCUMENT - Level 2: Plea Agreement, pages 26 thru 47 as to William J. Sears. (dhans, ) (Entered: 11/14/2016) |
| 11/14/2016 | 43 | RESTRICTED DOCUMENT - Level 2: Plea Agreement, Attachments A and B, as to William J. Sears. (dhans, ) (Entered: 11/14/2016) |
| 11/14/2016 | 44 | STATEMENT IN ADVANCE OF PLEA OF GUILTY by Defendant William J. Sears (dhans, ) (Entered: 11/14/2016) |
| 11/14/2016 | 45 | MEMORANDUM regarding 39 MOTION to Withdraw as Attorney by Alaurice Tafoya-Modi filed by Scott M. Dittman. Motion(s) referred to Magistrate Judge Craig B. Shaffer. by Judge William J. Martinez on 11/14/2016. Text Only Entry (wjmsec, ) (Entered: 11/14/2016) |
| 11/14/2016 | 48 | AMENDED MINUTE ENTRY for Change of Plea Hearing as to Defendant 1. William J. Sears 40 held before Judge William J. Martinez: Amended to reflect the corrected sentencing hearing date of Tuesday, April 25, 2017 at 10:30 a.m. Court Reporter: Mary George. (dhans, ) (Entered: 11/15/2016) |
| 11/14/2016 | 50 | Public Utility Resetting Hearing as to William J. Sears: Text Only Entry. Sentencing set for 4/25/2017 at 10:30 AM in Courtroom A801 before Judge William J. Martinez. (dhans, ) (Entered: 11/16/2016) |
| 11/15/2016 | 46 | ORDER granting 39 Motion to Withdraw as Attorney. Alaurice Marie Tafoya-Modi withdrawn from case as to Scott M. Dittman (2). CJA counsel appointed. SO ORDERED. Entered by Magistrate Judge Craig B. Shaffer on 11/15/2016. Text Only Entry (cpear) (Entered: 11/15/2016) |
| 11/15/2016 | 47 | ORDER APPOINTING COUNSEL as to Scott M. Dittman (2). Entered by Magistrate Judge Craig B. Shaffer on 11/15/2016. Text Only Entry (cpear) (Entered: 11/15/2016) |
| 11/15/2016 | 49 | NOTICE OF ATTORNEY APPEARANCE: Philip L. Dubois appearing for Scott M. DittmanAttorney Philip L. Dubois added to party Scott M. Dittman(pty:dft) (Dubois, Philip) (Entered: 11/15/2016) |
| 11/28/2016 | 51 | Unopposed MOTION for Leave to File Redacted Plea Agreement by USA as to William J. Sears. (Attachments: # 1 Exhibit A)(Harmon, Kenneth) (Entered: 11/28/2016) |
| 11/28/2016 | 52 | RESTRICTED DOCUMENT - Level 2: as to William J. Sears. (Harmon, Kenneth) (Entered: 11/28/2016) |
| 11/28/2016 | 53 | MOTION for Leave to Restrict by USA as to William J. Sears. (Harmon, Kenneth) (Entered: 11/28/2016) |
| 11/29/2016 | 54 | ORDER as to William J. Sears (1) granting the Government's Unopposed Motion for Leave to File Redacted Plea Agreement as to Defendant Sears 51 . The Government's Motion is hereby GRANTED for good cause shown. The redacted version of the Plea Agreement attached as Exhibit A to the Motion [51-1] is ACCEPTED as filed. The Clerk shall file the redacted version of the Plea Agreement as a separate docket entry on CM/ECF. SO ORDERED by Judge William J. Martinez on 11/29/2016. Text Only Entry (wjmsec, ) (Entered: 11/29/2016) |
| 11/29/2016 | 55 | ORDER as to William J. Sears (1) granting 53 Government's Motion to Restrict Docket Number 52. The Government's Motion is GRANTED for good cause shown. The document filed at ECF No. 52 shall remain RESTRICTED at RESTRICTION LEVEL 2 (viewable only by Selected Parties and the Court). SO ORDERED by Judge William J. Martinez on 11/29/2016. Text Only Entry (wjmsec, ) (Entered: 11/29/2016) |
| 11/29/2016 | 56 | PLEA AGREEMENT as to William J. Sears filed pursuant to 54 Order. (cthom, ) (Entered: 11/29/2016) |
| 11/30/2016 | 57 | MOTION for Hearing - Status Conference by Scott M. Dittman. (Dubois, Philip) (Entered: 11/30/2016) |
| 12/02/2016 | 58 | ORDER as to Scott M. Dittman (2) granting Defendant's Unopposed Motion for Status Hearing 57 : Defendant's Motion is GRANTED for good cause shown. A Status Conference is hereby SET December 29, 2016 at 2:00 p.m. in Courtroom A801. SO ORDERED by Judge William J. Martinez on 12/02/2016. Text Only Entry (wjmsec, ) (Entered: 12/02/2016) |
| 12/02/2016 | 59 | TRANSCRIPT of Motions Hearing as to William J. Sears, Scott M. Dittman held on September 15, 2016 before Magistrate Judge Tafoya. Pages: 1-22. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Stevens-Koenig Reporting, ) (Entered: 12/02/2016) |
| 12/05/2016 | 60 | MOTION for Hearing , Phone Appearance by Scott M. Dittman as to William J. Sears, Scott M. Dittman. (Dubois, Philip) (Entered: 12/05/2016) |
| 12/06/2016 | 61 | ORDER as to Scott M. Dittman (2) granting Defendant's Unopposed Motion for Phone Appearance 60 . Defendant's motion is GRANTED for good cause shown. Defendant Dittman is granted leave to appear at the Status Conference on December 29, 2016, via Telephone. Counsel for Defendant Dittman must contact Chambers at (303) 335-2805 on or before December 28, 2016 to provide a land line telephone number that will be used by Mr. Dittman for participation in the Status Conference. Chambers will initiate the call to Mr. Dittman. SO ORDERED by Judge William J. Martinez on 12/6/2016. Text Only Entry (wjmsec, ) (Entered: 12/06/2016) |
| 12/29/2016 | 62 | MINUTE ENTRY for proceedings held before Judge William J. Martinez: Status Conference as to Defendant 2. Scott M. Dittman held on 12/29/2016. ORDERED: A change of plea hearing is set for Tuesday, January 31, 2017 at 11:15 a.m. ORDERED: Mr. Harmon shall advise counsel for Defendant 1. William Sears that the Court has ordered counsel for both defendants and the Government to meet and confer to prepare a joint status report. The joint status report shall set forth factors agreed to and factors which remain to be determined, including the recommendation or position on whether a pre-sentencing hearing would be necessary. If a pre-sentencing hearing is necessary, it will be consolidated as to both defendants.The joint status report shall be filed by March 15, 2017. Court Reporter: Tamara Hoffschildt. (dhans, ) (Entered: 12/29/2016) |
| 12/29/2016 | ***Set Deadlines as to William J. Sears: Joint Status Report due by 3/15/2017. re: 62 (dhans, ) (Entered: 12/29/2016) | |
| 01/24/2017 | 63 | ORDER as to Scott M. Dittman (2): At the Change of Plea Hearing set for January 31, 2017, the parties should be prepared to discuss whether, pursuant to 18 U.S.C. § 3143, Defendant Dittman should remain on pretrial release pending imposition of his sentence, or whether his bond should be revoked and he should be remanded at the conclusion of the Change of Plea Hearing. SO ORDERED by Judge William J. Martinez on 1/24/2017. Text Only Entry (wjmsec, ) (Entered: 01/24/2017) |
| 01/30/2017 | 65 | STATEMENT in Advance of Plea by Defendant Scott M. Dittman (Dubois, Philip) (Entered: 01/30/2017) |
| 01/31/2017 | 66 | MINUTE ENTRY for proceedings held before Judge William J. Martinez: Change of Plea Hearing as to Defendant 2. Scott M. Dittman held on 1/31/2017. Plea entered by Scott M. Dittman - Guilty to Count One of the Information and admission to forfeiture allegation. Sentencing set for 5/24/2017 at 09:30 AM in Courtroom A801 before Judge William J. Martinez. Court Reporter: Mary George. (dhans, ) (Entered: 01/31/2017) |
| 01/31/2017 | 67 | RESTRICTED DOCUMENT - Level 2: Plea Agreement, pages 1 thru 43, as to Scott M. Dittman, re 66 (dhans, ) (Entered: 01/31/2017) |
| 01/31/2017 | 68 | RESTRICTED DOCUMENT - Level 2: Plea Agreement, pages 44 thru end of document, as to Scott M. Dittman, re 66 (dhans, ) (Entered: 01/31/2017) |
| 01/31/2017 | 69 | STATEMENT IN ADVANCE OF PLEA OF GUILTY by Defendant Scott M. Dittman (dhans, ) (Entered: 01/31/2017) |
| 02/07/2017 | 70 | NOTICE of Change of Address/Contact Information (Andrews, Tonya) (Entered: 02/07/2017) |
| 03/15/2017 | 71 | Joint MOTION for Order to Restrict Document by William J. Sears, Scott M. Dittman. (Attachments: # 1 Proposed Order (PDF Only))(Winocur, Fredric) (Entered: 03/15/2017) |
| 03/15/2017 | 72 | RESTRICTED DOCUMENT - Level 2: as to William J. Sears, Scott M. Dittman. (Winocur, Fredric) (Entered: 03/15/2017) |
| 03/15/2017 | 73 | RESTRICTED DOCUMENT - Level 2: as to William J. Sears, Scott M. Dittman. (Winocur, Fredric) (Entered: 03/15/2017) |
| 03/16/2017 | 74 | ORDER as to William J. Sears (1), Scott M. Dittman (2) granting Defendants William Sears' and Scott Dittman's Motion to Restrict Document 71 . The Defendants' Motion is GRANTED for good cause shown. The documents filed at ECF Nos. 72 and 73 shall remain RESTRICTED at RESTRICTION LEVEL 2 (viewable only by the Selected Parties and the Court). SO ORDERED by Judge William J. Martinez on 3/16/2017. Text Only Entry (wjmsec, ) (Entered: 03/16/2017) |
| 03/16/2017 | 75 | ORDER as to William J. Sears (1), Scott M. Dittman (2): This matter is before the Court on the Parties' Joint Status Report 73 . A Status Conference is hereby SET for March 29, 2017 at 11:00 a.m. in Courtroom A801, at which time the Court will consider the matters raised in said Report. SO ORDERED by Judge William J. Martinez on 3/16/2017. Text Only Entry (wjmsec, ) (Entered: 03/16/2017) |
| 03/16/2017 | 76 | Utility Setting/Resetting Deadlines/Hearings as to William J. Sears and Scott M. Dittman: Status Conference set for 3/29/2017 11:00 AM in Courtroom A 801 before Judge William J. Martinez pursuant to 75 Order. (cthom, ) (Entered: 03/23/2017) |
| 03/24/2017 | 77 | Joint MOTION to Vacate March 29, 2017 Status Hearing, Reset the Status Hearing as a Telephonic Hearing and Defendants' Motion to Waive Their Appearances by William J. Sears, Scott M. Dittman. (LaBranche, Marci) (Entered: 03/24/2017) |
| 03/24/2017 | 78 | ORDER as to William J. Sears (1) and Scott M. Dittman (2) granting in part the Parties' Joint Motion to Vacate March 29, 2017 Status Hearing, Reset the Status Hearing as a Telephonic Hearing and Defendants' Motion to Waive their Appearances 77 . The Parties' Motion is GRANTED IN PART for good cause shown. The Status Conference currently set for March 29, 2017 is hereby VACATED and RESET to March 31, 2017 at 10:30 a.m. in Courtroom A801. Counsel for Defendant Dittman, Philip Dubois, is granted leave to appear at the Status Conference by telephone. Mr. Dubois shall contact chambers at (303) 335-2805 at least 5 minutes prior to the start of the Status Conference. Counsel for the Government and Defendant Sears must appear in person. It is FURTHER ORDERED that Defendant Sears's and Defendant Dittman's presence is WAIVED for the Status Conference. SO ORDERED by Judge William J. Martinez on 3/24/2017. Text Only Entry (wjmsec, ) (Entered: 03/24/2017) |
| 03/31/2017 | 79 | MINUTE ENTRY for proceedings held before Judge William J. Martinez: Status Conference as to Defendant 1. William J. Sears and Defendant 2. Scott M. Dittman held on 3/31/2017. ORDERED: The Court provisionally grants the Defendants' motion for a single sentencing hearing, subject to a reassessment of this ruling by the Court should future developments in this case so warrant. The parties shall file a Further Joint Status Report no later than Friday, June 30th. The Report shall include, at a minimum, (1) whether a further status conference is appropriate or necessary; (2) whether the parties continue to believe a pre-sentencing evidentiary hearing is required, and (3) whether there is any reason the Court cannot proceed to re-setting the sentencing hearing(s) and the evidentiary hearing on contested sentencing facts, should the parties continue to believe that such a hearing is necessary. To the extent there is a need for a pre-sentencing evidentiary hearing, that hearing will be consolidated as to both defendants.Court Reporter: Mary George. (dhans, ) (Entered: 03/31/2017) |
| 04/20/2017 | 80 | NOTICE of Lis Pendens by USA as to William J. Sears, Scott M. Dittman (Andrews, Tonya) (Entered: 04/20/2017) |
| 05/01/2017 | 81 | MOTION for Leave to File Redacted Plea Agreement by USA as to Scott M. Dittman. (Attachments: # 1 Exhibit A)(Harmon, Kenneth) (Entered: 05/01/2017) |
| 05/01/2017 | 82 | RESTRICTED DOCUMENT - Level 2: as to Scott M. Dittman. (Harmon, Kenneth) (Entered: 05/01/2017) |
| 05/01/2017 | 83 | MOTION for Leave to Restrict by USA as to Scott M. Dittman. (Harmon, Kenneth) (Entered: 05/01/2017) |
| 05/02/2017 | 84 | TRANSCRIPT of Change of Plea as to William J. Sears held on November 14, 2016 before Judge Martinez. Pages: 1-40. <br><br> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.<br><br> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, ) (Entered: 05/02/2017) |
| 05/09/2017 | 85 | ORDER as to Scott M. Dittman (2) granting 81 Government's Motion for Leave to File Redacted Plea Agreement as to Defendant Dittman. The Government's Motion is GRANTED for good cause shown. The redacted version of the Plea Agreement for Defendant Dittman, attached as Exhibit A [81-1], is ACCEPTED as filed. SO ORDERED by Judge William J. Martinez on 5/9/2017. Text Only Entry (wjmsec, ) (Entered: 05/09/2017) |
| 05/09/2017 | 86 | ORDER as to Scott M. Dittman (2) granting 83 Government's Motion to Restrict Docket Number 82. The Government's Motion is GRANTED for good cause shown. The document filed at ECF No. 82 shall remain RESTRICTED at RESTRICTION LEVEL 2 (viewable only by the Selected Parties and the Court). SO ORDERED by Judge William J. Martinez on 5/9/2017. Text Only Entry (wjmsec, ) (Entered: 05/09/2017) |
| 05/09/2017 | 87 | MOTION for Order to Restrict Document by William J. Sears. (Attachments: # 1 Proposed Order (PDF Only) Order to Restrict)(Winocur, Fredric) (Entered: 05/09/2017) |
| 05/09/2017 | 88 | RESTRICTED DOCUMENT - Level 2: as to William J. Sears. (Winocur, Fredric) (Entered: 05/09/2017) |
| 05/09/2017 | 89 | RESTRICTED DOCUMENT - Level 2: as to William J. Sears. (Attachments: # 1 Exhibit A)(Winocur, Fredric) (Entered: 05/09/2017) |
| 05/10/2017 | 90 | ORDER as to William J. Sears (1) granting 87 Defendant William Sears' Motion to Restrict Document. The Defendant's Motion is GRANTED for good cause shown. The documents filed at ECF Nos. 88 and 89, shall remain RESTRICTED at RESTRICTION LEVEL 2 (viewable only by the Selected Parties and the Court). SO ORDERED by Judge William J. Martinez on 5/10/2017. Text Only Entry (wjmsec, ) (Entered: 05/10/2017) |
| 05/10/2017 | 91 | ORDER as to William J. Sears (1) granting 89 Defendant William Sears' Unopposed Motion for Leave to Redact Transcript of Change of Plea Hearing. The Defendant's Motion is GRANTED for good cause shown. Counsel for Defendant Sears are directed to contact my Court Reporter, Mary George, at 303-335-2109, to discuss the necessary arrangements and procedures by which Ms. George may comply with this Order. SO ORDERED by Judge William J. Martinez on 05/10/2017. Text Only Entry (angar, ) (Entered: 05/10/2017) |
| 05/30/2017 | 92 | REDACTED TRANSCRIPT as to William J. Sears. Redaction re: 84 Transcript,,,. (mgeor, ) (Entered: 05/30/2017) |
| 06/14/2017 | 93 | MOTION for Hearing before Magistrate Judge by Scott M. Dittman. (Dubois, Philip) (Entered: 06/14/2017) |
| 06/14/2017 | 94 | ORDER as to Scott M. Dittman (2) granting the Defendant's Unopposed Motion for Hearing before Magistrate Judge 93 . The Motion is GRANTED for good cause shown. This matter is hereby referred to U.S. Magistrate Judge Nina Y. Wang to hold a hearing on the issues of Defendant's bond conditions. The Parties are DIRECTED to jointly contact the Chambers of Judge Wang on or before June 15, 2017 to schedule the hearing. SO ORDERED by Judge William J. Martinez on 6/14/2017. Text Only Entry (wjmsec, ) (Entered: 06/14/2017) |
| 06/14/2017 | 95 | MINUTE ORDER by Magistrate Judge Nina Y. Wang on 6/14/17. In light of the court's order 94 for a hearing to be set to consider the conditions of Defendant Scott Dittman's pretrial release, this court hereby SETS a hearing on 6/21/2017 11:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. No later than June 19, 2017, the Government and the United States Probation Office will provide the court with its position regarding Mr. Dittman's conditions of release as discussed in 93 . Text Only Entry (bwilk, ) (Entered: 06/15/2017) |
| 06/19/2017 | 96 | MOTION to Excuse In-Person Appearance by Scott M. Dittman. (Dubois, Philip) (Entered: 06/19/2017) |
| 06/19/2017 | 97 | MEMORANDUM regarding 96 MOTION to Excuse In-Person Appearance filed by Scott M. Dittman. Motion(s) referred to Magistrate Judge Nina Y. Wang. by Judge William J. Martinez on 6/19/2017. Text Only Entry (wjmsec, ) (Entered: 06/19/2017) |
| 06/19/2017 | 98 | RESPONSE to Motion by USA as to Scott M. Dittman re 93 MOTION for Hearing before Magistrate Judge (Harmon, Kenneth) (Entered: 06/19/2017) |
| 06/20/2017 | 99 | MINUTE ORDER by Magistrate Judge Nina Y. Wang on 6/20/17. Given Defendant's residence in Pennsylvania, this court hereby GRANTS the Motion for Phone Appearance 96 . Defendant Scott Dittman will appear by telephone by calling the chambers of this Magistrate Judge at (303) 335-2600 at or before the scheduled time. (bwilk, ) (Entered: 06/20/2017) |
| 06/21/2017 | 100 | MINUTE ORDER: In light of the fact that the conditions of bond were set by Magistrate Judge Kathleen M. Tafoya, it is appropriate for the proceeding to clarify defendant Scott Dittman's terms of pretrial release be heard before Judge Tafoya. Accordingly, IT IS ORDERED that the hearing before Magistrate Judge Nina Y. Wang currently set for June 21, 2017 at 11:30 a.m. will be RE-SET before Judge Tafoya at the same time. Mr. Dittman should contact Judge Tafoya's chambers at 11:30 a.m. at (303) 335-2780 to be connected to Judge Tafoya's courtroom. Counsel for Parties should appear before Judge Tafoya in Courtroom C-201, as to Scott M. Dittman, by Magistrate Judge Nina Y. Wang on 6/21/17. Text Only Entry (nmarb, ) (Entered: 06/21/2017) |
| 06/21/2017 | 101 | TRANSCRIPT of Change of Plea as to Scott M. Dittman held on January 31, 2017 before Judge Martinez. Pages: 1-36. <br><br> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.<br><br> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, ) (Entered: 06/21/2017) |
| 06/21/2017 | 102 | COURTROOM MINUTES for Bond Hearing as to Scott M. Dittman held on 6/21/2017 before Magistrate Judge Kathleen M. Tafoya. Defendant present on bond by telephone. Discussion regarding certain cannabis related business that may be pursued by the Defendant in Canada. Argument by counsel. There will be 2 additional conditions added to the bond, as discussed. Defendant's bond continued. (Total time: 41 mins, Hearing time: 1135-1216) APPEARANCES: Kenneth Harmon on behalf of the Government, Philip Dubois on behalf of the defendant. FTR: KMT C201. (sgrim) Text Only Entry (Entered: 06/21/2017) |
| 06/21/2017 | 103 | ORDER adding Bond Conditions as to Scott M. Dittman by Magistrate Judge Kathleen M. Tafoya on 6/21/2017. (jgonz, ) (Entered: 06/21/2017) |
| 06/30/2017 | 104 | Joint MOTION for Leave to Restrict by William J. Sears, Scott M. Dittman. (Attachments: # 1 Proposed Order (PDF Only))(Winocur, Fredric) (Entered: 06/30/2017) |
| 06/30/2017 | 105 | RESTRICTED DOCUMENT - Level 2: as to William J. Sears, Scott M. Dittman. (Winocur, Fredric) (Entered: 06/30/2017) |
| 06/30/2017 | 106 | RESTRICTED DOCUMENT - Level 2: as to William J. Sears, Scott M. Dittman. (Winocur, Fredric) (Entered: 06/30/2017) |
| 06/30/2017 | 107 | ORDER as to William J. Sears (1) and Scott M. Dittman (2) granting Defendant William Sears' and Scott Dittman's Motion to Restrict Document 104 . The Defendants' Motion is GRANTED for good cause shown. The documents filed at ECF Nos. 105 and 106 shall remain RESTRICTED at RESTRICTION LEVEL 2 (viewable only by the Selected Parties and the Court). SO ORDERED by Judge William J. Martinez on 6/30/2017. Text Only Entry (wjmsec, ) (Entered: 06/30/2017) |
| 07/28/2017 | 108 | TRANSCRIPT of Bond Hearing as to Scott M. Dittman held on June 21, 2017 before Magistrate Judge Tafoya. Pages: 1-26. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Stevens-Koenig Reporting, ) (Entered: 07/28/2017) |
| 08/04/2017 | 109 | MOTION to Appoint Counsel -- co-counsel by Scott M. Dittman. (Attachments: # 1 Appendix)(Dubois, Philip) (Entered: 08/04/2017) |
| 08/08/2017 | 110 | ORDER Granting 109 Ex Parte Motion for Appointment of Co-Counsel. ORDERED by Judge William J. Martinez on 08/08/2017. (angar, ) (Entered: 08/08/2017) |
| 08/08/2017 | 111 | Certificate of Service by Mail by Clerk of Court as to Scott M. Dittman re : 110 Order Appointing Counsel (Text Only Entry) (angar, ) Modified on 8/9/2017 to edit text (angar, ). (Entered: 08/08/2017) |
| 08/09/2017 | 112 | NOTICE OF ATTORNEY APPEARANCE: Andres Rene Guevara appearing for Scott M. Dittman (Guevara, Andres) (Entered: 08/09/2017) |
| 12/26/2017 | 113 | MOTION to Withdraw as Attorney by Kenneth M. Harmon by USA as to William J. Sears, Scott M. Dittman. (Harmon, Kenneth) (Entered: 12/26/2017) |
| 12/27/2017 | 114 | NOTICE OF ATTORNEY APPEARANCE Jeremy S. Sibert appearing for USA. Attorney Jeremy S. Sibert added to party USA(pty:pla) (Sibert, Jeremy) (Entered: 12/27/2017) |
| 12/27/2017 | 115 | ORDER as to William J. Sears (1) and Scott M. Dittman (2) granting the Government's Motion to Withdraw 113 . The Motion is GRANTED for good cause shown. Kenneth M. Harmon is hereby granted leave to withdraw from this case. The Clerk shall terminate all further CM/ECF notifications to Mr. Harmon in this case. SO ORDERED. by Judge William J. Martinez on 12/27/2017. Text Only Entry (wjmsec, ) (Entered: 12/27/2017) |
| 01/17/2018 | 116 | NOTICE of Change of Address/Contact Information (Guevara, Andres) (Entered: 01/17/2018) |
| 02/13/2018 | 117 | MOTION to Withdraw as Attorney for William J. Sears and for Appointment of New Counsel from the Criminal Justice Act Panel by Fredric Winocur & Marci LaBranche by William J. Sears. (Winocur, Fredric) (Entered: 02/13/2018) |
| 02/13/2018 | 118 | CJA 23 Financial Affidavit by William J. Sears. (Winocur, Fredric) (Entered: 02/13/2018) |
| 02/14/2018 | 119 | MEMORANDUM regarding 117 MOTION to Withdraw as Attorney for William J. Sears and for Appointment of New Counsel from the Criminal Justice Act Panel by Fredric Winocur & Marci LaBranche filed by William J. Sears. Motion(s) referred to Magistrate Judge Kristen L. Mix. by Judge William J. Martinez on 2/14/2018. Text Only Entry (wjmsec, ) (Entered: 02/14/2018) |
| 02/14/2018 | 120 | ORDER granting 117 Motion to Withdraw as Attorney. Fredric Michael Winocur and Marci Gilligan LaBranche withdrawn from case as to William J. Sears (1). On review of Defendant Sears' financial affidavit [#118], the Court finds that he is entitled and qualified for the appointment of counsel under Fed.R.Crim.P. 44(a) and 18 U.S.C. section 3006A(b). Accordingly, IT IS HEREBY ORDERED that counsel shall be appointed to represent Defendant William J. Sears. By Magistrate Judge Kristen L. Mix on February 14, 2018. Text Only Entry (klm) (Entered: 02/14/2018) |
| 03/06/2018 | 121 | NOTICE OF ATTORNEY APPEARANCE: Peter R. Bornstein appearing for William J. SearsAttorney Peter R. Bornstein added to party William J. Sears(pty:dft) (Bornstein, Peter) (Entered: 03/06/2018) |
| 03/06/2018 | 122 | ORDER as to William J. Sears (1) and Scott M. Dittman (2): This matter is before the Court on the Parties' First Supplemental Joint Status Report 106 . The Parties are DIRECTED to file an updated Joint Status Report on or before March 23, 2018, which should include, without limitation, the items the Court required counsel to address in its 79 Minute Entry of March 31, 2017. SO ORDERED by Judge William J. Martinez on 3/6/2018. Text Only Entry (wjmsec, ) (Entered: 03/06/2018) |
| 03/21/2018 | 123 | STATUS REPORT regarding defendants' sentencings by USA as to William J. Sears, Scott M. Dittman (Sibert, Jeremy) (Entered: 03/21/2018) |
| 07/03/2018 | 124 | MOTION to Withdraw as Attorney by Philip L. Dubois by Scott M. Dittman as to William J. Sears, Scott M. Dittman. (Dubois, Philip) Modified on 7/5/2018 to terminate motion pursuant to 26 Order (angar, ). (Entered: 07/03/2018) |
| 07/03/2018 | 125 | MEMORANDUM regarding 124 MOTION to Withdraw as Attorney by Philip L. Dubois filed by Scott M. Dittman. Motion(s) referred to Magistrate Judge Michael E. Hegarty. by Judge William J. Martinez on 7/3/2018. Text Only Entry (wjmsec, ) (Entered: 07/03/2018) |
| 07/03/2018 | 126 | ORDER granting 124 Motion to Withdraw as Attorney by Magistrate Judge Michael E. Hegarty on 07/03/2018. Philip L. Dubois withdrawn from case as to Scott M. Dittman (2). Text Only Entry (mdave, ) (Entered: 07/03/2018) |
| 02/06/2019 | 127 | MOTION for Hearing Sentencing Date by USA as to William J. Sears, Scott M. Dittman. (Sibert, Jeremy) (Entered: 02/06/2019) |
| 02/08/2019 | 128 | ORDER as to William J. Sears (1) and Scott M. Dittman (2) granting the Government's Motion for Sentencing Date 127 . The Government's Motion is GRANTED for good cause shown. Defendant Sears' Sentencing Hearing is hereby SET for July 11, 2019 at 1:30 p.m. in Courtroom A801. Defendant Dittman's Sentencing Hearing is hereby SET for July 11, 2019 at 9:30 a.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards (as revised effective December 1, 2018) with regard to the deadlines for filing sentencing-related motions. SO ORDERED by Judge William J. Martinez on 2/8/2019. Text Only Entry (wjmsec, ) (Entered: 02/08/2019) |
| 02/12/2019 | 129 | MOTION for Forfeiture of Property PRELIMINARY ORDER OF FORFEITURE by USA as to William J. Sears. (Attachments: # 1 Attachment A, # 2 Proposed Order (PDF Only))(Andrews, Tonya) (Entered: 02/12/2019) |
| 02/12/2019 | 130 | MOTION for Forfeiture of Property PRELIMINARY ORDER OF FORFEITURE by USA as to Scott M. Dittman. (Attachments: # 1 Attachment A, # 2 Proposed Order (PDF Only))(Andrews, Tonya) (Entered: 02/12/2019) |
| 02/12/2019 | 131 | ORDER as to William J. Sears (1) and Scott M. Dittman (2): This matter is before the Court sua sponte. The Parties are DIRECTED to file an updated joint status report, no later than March 5, 2019, which address all issues, if any, that need to be resolved prior to the sentencing hearings set for July 11, 2019, including without limitation any remaining disputes regarding amount of loss or restitution for either Defendant. SO ORDERED by Judge William J. Martinez on 2/12/2019. Text Only Entry (wjmsec, ) (Entered: 02/12/2019) |
| 02/13/2019 | 132 | Preliminary ORDER of Forfeiture as to William J. Sears (1), by Judge William J. Martinez on 2/13/2019. (angar, ) (Entered: 02/13/2019) |
| 02/13/2019 | 133 | Preliminary ORDER of Forfeiture as to Scott M. Dittman (2), by Judge William J. Martinez on 2/13/2019. (angar, ) (Entered: 02/13/2019) |
| 03/05/2019 | 134 | Unopposed MOTION for Extension of Time to File Updated Joint Status Report by Scott M. Dittman. (Guevara, Andres) (Entered: 03/05/2019) |
| 03/06/2019 | 135 | ORDER as to William Sears (1) and Scott M. Dittman (2) granting Defendant Dittman's Unopposed Motion to Request Fourteen Days to File a Joint Status Report 134 . The Motion is GRANTED for good cause shown. The deadline for the Parties to file an updated joint status report pursuant to this Court's Order at ECF No. 131, is extended up to and including March 19, 2019. SO ORDERED by Judge William J. Martinez on 3/6/2019. Text Only Entry (wjmsec, ) (Entered: 03/06/2019) |
| 03/19/2019 | 136 | MOTION to Continue Joint Status Report by USA as to William J. Sears, Scott M. Dittman. (Sibert, Jeremy) (Entered: 03/19/2019) |
| 03/21/2019 | 137 | ORDER as to William Sears (1) and Scott M. Dittman (2) granting the Government's Motion to Continue Joint Status Report 136 . The Motion is GRANTED for good cause shown. The deadline for the Parties to file an updated joint status report pursuant to this Court's Order at ECF No. 131, is extended up to and including April 19, 2019. SO ORDERED by Judge William J. Martinez on 3/21/2019. Text Only Entry (wjmsec, ) (Entered: 03/21/2019) |
| 03/25/2019 | 138 | Utility Setting Deadline as to William J. Sears, and Scott M. Dittman: Status Report due by April 19, 2019, pursuant to 137 Order. Text Only Entry. (agarc, ) (Entered: 03/25/2019) |
| 04/04/2019 | 139 | MOTION to Withdraw Plea of Guilty by William J. Sears. (Bornstein, Peter) (Entered: 04/04/2019) |
| 04/08/2019 | 140 | MOTION for Victim Rights Notification Alternative Means by USA as to William J. Sears, Scott M. Dittman. (Sibert, Jeremy) (Entered: 04/08/2019) |
| 04/09/2019 | 141 | ORDER as to William J. Sears (1): This matter is before the Court on Defendant's Motion to Withdraw Plea of Guilty 139 . The Government is DIRECTED to file a Response to Defendant's Motion on or before April 19, 2019. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 4/9/2019. Text Only Entry (wjmsec, ) (Entered: 04/09/2019) |
| 04/10/2019 | 142 | ORDER as to William Sears (1) and Scott Dittman (2) granting the Government's Motion for Alternative Victim Notification Under 18 U.S.C. § 3771(d)(2) 140 . The Government's Motion is GRANTED for good cause shown. Pursuant to 18 U.S.C. § 3771(d)(2), the Government is authorized to employ its requested alternative victim notification procedures. SO ORDERED by Judge William J. Martinez on 4/10/2019. Text Only Entry (wjmsec, ) (Entered: 04/10/2019) |
| 04/19/2019 | 143 | STATUS REPORT Joint by USA as to William J. Sears, Scott M. Dittman (Sibert, Jeremy) (Entered: 04/19/2019) |
| 04/19/2019 | 144 | RESPONSE in Opposition by USA as to William J. Sears re 139 MOTION to Withdraw Plea of Guilty (Sibert, Jeremy) (Entered: 04/19/2019) |
| 04/22/2019 | 145 | ORDER as to William J. Sears (1): This matter is before the Court on Defendant's Motion to Withdraw Plea of Guilty 139 and the Government's response 144 . Defendant is DIRECTED to file a reply on or before May 3, 2019. SO ORDERED by Judge William J. Martinez on 04/22/2019. Text Only Entry (wjmlc1) (Entered: 04/22/2019) |
| 04/23/2019 | 146 | ORDER: This matter is before the Court on the Joint Status Report 143 . To the extent that Defendant Dittman takes exception with anything stated in the Joint Status Report, he is DIRECTED to file a Response on or before Thursday, April 25, 2019. If Defendant Dittman fails to file a response, the Court will assume that he joins in everything set forth in the Joint Status Report. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 4/23/2019. Text Only Entry (wjmsec, ) (Entered: 04/23/2019) |
| 05/03/2019 | 147 | Unopposed MOTION for Extension of Time to File Response/Reply Re: Motion to Withdraw Plea of Guilty by William J. Sears. (Bornstein, Peter) (Entered: 05/03/2019) |
| 05/06/2019 | 148 | ORDER as to William J. Sears (1) granting Defendant's Unopposed Motion for Extension of Time to File a Reply Re: Motion to Withdraw Plea of Guilty 147 . Defendant's Motion is GRANTED for good cause shown. Defendant's deadline to file a reply in support of his motion to withdraw guilty plea is extended up to and including May 9, 2019. SO ORDERED by Judge William J. Martinez on 5/6/2019. Text Only Entry (wjmsec, ) (Entered: 05/06/2019) |
| 05/09/2019 | 149 | REPLY TO RESPONSE to Motion by William J. Sears re 139 MOTION to Withdraw Plea of Guilty (Attachments: # 1 Exhibit A)(Bornstein, Peter) (Entered: 05/09/2019) |
| 05/22/2019 | 150 | ORDER denying 139 Motion to Withdraw Plea of Guilty as to William J. Sears (1), by Judge William J. Martinez on 05/22/2019. (wjmlc1) (Entered: 05/22/2019) |
| 06/04/2019 | 151 | RESTRICTED PRESENTENCE REPORT first disclosure for attorney review as to William J. Sears (Attachments: # 1 Exhibit A)(doden, ) (Entered: 06/04/2019) |
| 06/04/2019 | 152 | EXHIBIT B TO RESTRICTED PRESENTENCE REPORT first disclosure for attorney review as to William J. Sears (doden, ) (Entered: 06/04/2019) |
| 06/04/2019 | 153 | RESTRICTED PRESENTENCE REPORT first disclosure for attorney review as to Scott M. Dittman (Attachments: # 1 Exhibit A - Sentence Recommendation, # 2 Exhibit B - Victim Impact Statements)(sdean, ) (Entered: 06/04/2019) |
| 06/13/2019 | 154 | MOTION to Continue Sentencing Hearing and Request for Specific Discovery by Scott M. Dittman. (Guevara, Andres) (Entered: 06/13/2019) |
| 06/13/2019 | 157 | ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 154 MOTION to Continue Sentencing Hearing and Request for Specific Discovery filed by attorney Andres Rene Guevara. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Criminal Cases). (Text Only Entry) (angar, ) (Entered: 06/17/2019) |
| 06/14/2019 | 155 | ORDER as to Scott M. Dittman (2): Before the Court is Defendant's Motion to Continue Sentencing Hearing and Request for Specific Discovery 154 . The Government is DIRECTED to file a response on or before Tuesday, June 18, 2019. No reply will be accepted without leave or further order of Court. SO ORDERED by Judge William J. Martinez on 06/14/2019. Text Only Entry (wjmlc1) (Entered: 06/14/2019) |
| 06/14/2019 | 156 | ERRATA Clarification to 154 MOTION to Continue Sentencing Hearing and Request for Specific Discovery by Scott M. Dittman (Guevara, Andres) (Entered: 06/14/2019) |
| 06/14/2019 | 158 | ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 156 Errata filed by attorney Andres Rene Guevara. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Criminal Cases). (Text Only Entry) (angar, ) (Entered: 06/17/2019) |
| 06/18/2019 | 159 | RESPONSE in Opposition by USA as to William J. Sears, Scott M. Dittman re 154 MOTION to Continue Sentencing Hearing and Request for Specific Discovery (Sibert, Jeremy) (Entered: 06/18/2019) |
| 06/18/2019 | 160 | OBJECTION/RESPONSE to Presentence Report 151 by William J. Sears (Bornstein, Peter) (Entered: 06/18/2019) |
| 06/18/2019 | 161 | OBJECTION/RESPONSE to Presentence Report 153 by Scott M. Dittman (Guevara, Andres) (Entered: 06/18/2019) |
| 06/18/2019 | 162 | ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 161 Objection/Response to Presentence Report filed by attorney Andres Rene Guevara. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Criminal Cases). (Text Only Entry) (angar, ) (Entered: 06/19/2019) |
| 06/19/2019 | 163 | ORDER as to William Sears (1): This matter is before the Court on Defendant Sears' Objection to Presentence Investigation Report 160 . The Government is DIRECTED to file a Response to Defendant's Objections on or before July 1, 2019. No Reply will be permitted. SO ORDERED by Judge William J. Martinez on 6/19/2019. Text Only Entry (wjmsec, ) (Entered: 06/19/2019) |
| 06/19/2019 | 164 | ORDER as to Scott M. Dittman (2): This matter is before the Court on Defendant's Objections to Presentence Investigation Report (ECF No. 153) 161 . The Government is DIRECTED to file a Response to Defendant's Objections on or before July 1, 2019. No Reply will be permitted. SO ORDERED by Judge William J. Martinez on 6/19/2019. Text Only Entry (wjmsec, ) (Entered: 06/19/2019) |
| 06/24/2019 | 165 | ORDER as to Scott M. Dittman (2) granting the Defendant's Motion to Continue Sentencing Hearing and Request for Specific Discovery 154 . The Defendant's Motion is GRANTED for good cause shown. The Government is DIRECTED to produce all items referenced in paragraph 12 of Defendant Dittman's Motion no later than July 5, 2019. The Sentencing Hearing set for July 11, 2019 at 9:30 a.m. is hereby VACATED and will be reset by way of separate order. SO ORDERED by Judge William J. Martinez on 6/24/2019. Text Only Entry (wjmsec, ) (Entered: 06/24/2019) |
| 06/24/2019 | 166 | Unopposed MOTION to Continue FILING DEADLINES FOR DEFENDANTS AND GOVERNMENTS SENTENCING STATEMENT/VARIANT MOTIONS by Scott M. Dittman. (Guevara, Andres) (Entered: 06/24/2019) |
| 06/24/2019 | 167 | ORDER as to Scott M. Dittman (2): This matter is before the Court on Defendant Dittman's Unopposed Motion to Continue Filing Deadlines for Defendant's and Government's Sentencing Statement/Variant Motions 166 . Given the Court's 165 Order granting Defendant's Motion to Continue Sentencing Hearing, the Court DENIES the 166 Motion as MOOT. The reset sentencing hearing date will determine the new sentencing-related filing deadlines, by operation of the Court's Revised Practice Standards. SO ORDERED by Judge William J. Martinez on 6/24/2019. Text Only Entry (wjmsec, ) (Entered: 06/24/2019) |
| 06/24/2019 | 168 | MOTION for Clarification sentencing dates by USA as to William J. Sears, Scott M. Dittman. (Sibert, Jeremy) Modified on 7/3/2019 to term motion pursuant to 170 (angar, ). (Entered: 06/24/2019) |
| 06/28/2019 | 169 | ORDER as to Scott M. Dittman (2): This matter is before the Court for the resetting of Defendant Dittman's Sentencing Hearing pursuant to this Court's Order entered on June 24, 2019 (ECF No. 167). Defendant Dittman's Sentencing Hearing is hereby RESET for October 31, 2019 at 9:00 a.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards with regard to the deadlines for filing sentencing-related motions. SO ORDERED by Judge William J. Martinez on 6/28/2019. Text Only Entry (wjmsec, ) (Entered: 06/28/2019) |
| 06/28/2019 | 170 | ORDER as to William J. Sears (1): This matter is before the Court sua sponte. Due to a conflict with a criminal jury trial the week of July 8, 2019, the Sentencing Hearing set for July 11, 2019 at 1:30 p.m. is hereby VACATED and RESET to October 31, 2019 at 1:15 p.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards with regard to the deadlines for filing sentencing-related motions. It is FURTHER ORDERED that the Government's Motion for Clarification 168 is DENIED as MOOT, given this Court's Orders in United States of America v. Dittman, Case No. 16-cr-301-WJM-2 (ECF No. 169) and United States of America v. Jean-Pierre, Case No. 17-cr-008-WJM (ECF No. 232), which set the sentencing hearings for these two defendants at or near the same time as Defendant Sears' sentencing hearing. SO ORDERED by Judge William J. Martinez on 6/28/2019. Text Only Entry (wjmsec, ) (Entered: 06/28/2019) |
| 07/01/2019 | 171 | ORDER as to William J. Sears (1): This matter is before the Court upon the entry of the Court's Order resetting Defendant Sears' Sentencing Hearing for October 31, 2019 (ECF No. 170). The deadline for the Government to file its Response to Defendant Sears' Objection to Presentence Investigation Report (ECF No. 160 ) is extended up to and including August 7, 2019. No reply will be permitted. SO ORDERED by Judge William J. Martinez on 7/1/2019. Text Only Entry (wjmsec, ) (Entered: 07/01/2019) |
| 07/01/2019 | 172 | ORDER as to Scott M. Dittman (2): This matter is before the Court upon the entry of the Court's Order resetting Defendant Dittman's Sentencing Hearing for October 31, 2019 (ECF No. 169). The deadline for the Government to file its Response to Defendant Dittman's Objections to Presentence Investigation Report (ECF No. 161 ) is extended up to and including August 7, 2019. No reply will be permitted. SO ORDERED by Judge William J. Martinez on 7/1/2019. Text Only Entry (wjmsec, ) (Entered: 07/01/2019) |
| 08/01/2019 | 173 | MOTION for Reconsideration re 150 Order on Motion to Withdraw Plea of Guilty by William J. Sears. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bornstein, Peter) (Entered: 08/01/2019) |
| 08/01/2019 | 174 | RESPONSE by USA as to Scott M. Dittman re: 161 Objection/Response to Presentence Report filed by Scott M. Dittman (Sibert, Jeremy) (Entered: 08/01/2019) |
| 08/02/2019 | 175 | RESPONSE by USA as to William J. Sears TO DEFENDANT'S OBJECTIONS TO PSR (Attachments: # 1 A1, # 2 A2, # 3 A3, # 4 A4, # 5 A5, # 6 A6, # 7 A7, # 8 A8, # 9 A9, # 10 A10, # 11 A12, # 12 A13, # 13 A14, # 14 A16, # 15 A17, # 16 A18, # 17 A19, # 18 A20, # 19 A21, # 20 A22, # 21 A23, # 22 A24, # 23 A25, # 24 A26, # 25 A27, # 26 A28, # 27 A29, # 28 A30, # 29 A31, # 30 A32, # 31 A33, # 32 A34)(Sibert, Jeremy) (Entered: 08/02/2019) |
| 08/02/2019 | 177 | Conventionally Submitted Material : CD re: Response, 175 by Plaintiff USA Text Only Entry (angar, ) (Entered: 08/05/2019) |
| 08/05/2019 | 176 | ORDER as to William J. Sears (1): Before the Court is Defendant's Motion for Reconsideration 173 . The Government shall respond on or before August 12, 2019. No reply from Defendant will be accepted. SO ORDERED by Judge William J. Martinez on 08/05/2019. Text Only Entry (wjmlc1) (Entered: 08/05/2019) |
| 08/06/2019 | 178 | Unopposed MOTION for Extension of Time to File Response/Reply TO MOTION TO RECONSIDER COURTS DENIAL OF MOTION TO WITHDRAW CHANGE OF PLEA [ ECF 173] Attorney Robert M. Brown added to party USA(pty:pla) by USA as to William J. Sears, Scott M. Dittman. (Brown, Robert) Modified on 8/7/2019 to terminate motion pursuant to 179 Order (angar, ). (Entered: 08/06/2019) |
| 08/06/2019 | 179 | ORDER as to William Sears (1) granting the 178 Government's Unopposed Motion for Extension of Time to Respond to Motion to Reconsider Court's Denial of Motion to Withdraw Change of Plea [ECF 173]. The Government's Motion is GRANTED for good cause shown. The Government's deadline to file its Response to Defendant's Motion for Reconsideration is extended up to and including August 26, 2019. SO ORDERED by Judge William J. Martinez on 8/6/2019. Text Only Entry (wjmsec, ) (Entered: 08/06/2019) |
| 08/23/2019 | 180 | RESPONSE in Opposition by USA as to William J. Sears re 173 MOTION for Reconsideration re 150 Order on Motion to Withdraw Plea of Guilty (Sibert, Jeremy) (Entered: 08/23/2019) |
| 09/30/2019 | 181 | ORDER denying 173 Motion for Reconsideration as to William J. Sears (1), by Judge William J. Martinez on 09/30/2019. (wjmlc1) (Entered: 09/30/2019) |
| 10/01/2019 | 182 | ORDER as to Scott M. Dittman (2): This matter comes before the Court sua sponte. The undersigned will be out of the office the week of October 28, 2019, and as a result the Sentencing Hearing currently set for October 31, 2019 at 9:00 a.m. is hereby VACATED and RESET to January 23, 2020 at 9:00 a.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards to ensure compliance with regard to the deadlines for filing sentencing-related motions. SO ORDERED by Judge William J. Martinez on 10/1/2019. Text Only Entry (wjmsec, ) (Entered: 10/01/2019) |
| 10/01/2019 | 183 | ORDER as to William J. Sears (1): This matter comes before the Court sua sponte. The undersigned will be out of the office the week of October 28, 2019, and as a result the Sentencing Hearing currently set for October 31, 2019 at 1:15 p.m. is hereby VACATED and RESET to January 23, 2020 at 1:30 p.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards to ensure compliance with regard to the deadlines for filing sentencing-related motions. SO ORDERED by Judge William J. Martinez on 10/1/2019. Text Only Entry (wjmsec, ) (Entered: 10/01/2019) |
| 10/02/2019 | 184 | Unopposed MOTION for Order Resetting Sentencing Hearing by William J. Sears. (Bornstein, Peter) (Entered: 10/02/2019) |
| 10/09/2019 | 185 | ORDER as to William J. Sears (1) granting the Defendant's Unopposed Motion to Reset Sentencing Hearing 184 . The Defendant's Motion is GRANTED for good cause shown. The Sentencing Hearing set for January 23, 2020 at 1:30 p.m. is hereby VACATED and RESET to January 30, 2020 at 1:30 p.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards with regard to the deadlines for filing sentencing-related motions. SO ORDERED by Judge William J. Martinez on 10/9/2019. Text Only Entry (wjmsec, ) (Entered: 10/09/2019) |
| 10/09/2019 | 186 | ORDER as to Scott M. Dittman (2): This matter is before the Court upon the resetting of Co-defendant Williams Sears' (1) Sentencing Hearing (ECF No. 186). In order to keep the sentencing hearings for both Defendants at or near the same time of each other, Defendant Dittman's Sentencing Hearing set for January 23, 2020 at 9:00 a.m. is hereby VACATED and RESET to January 30, 2020 at 9:00 a.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards with regard to the deadlines for filing sentencing-related motions. SO ORDERED by Judge William J. Martinez on 10/9/2019. Text Only Entry (wjmsec, ) (Entered: 10/09/2019) |
| 01/10/2020 | 187 | MOTION for Clarification re 161 Objection/Response to Presentence Report filed by Scott M. Dittman by USA as to Scott M. Dittman. (Sibert, Jeremy) (Entered: 01/10/2020) |
| 01/13/2020 | 188 | ORDER as to Scott M. Dittman (2) granting the Government's Motion for Clarification Regarding Defendant Dittmans Objections to the Pretrial Sentence Report 187 . The Government's Motion is GRANTED for good cause shown. Defendant Dittman shall file a supplement to his objections to the presentence report (ECF No. 161 ) which addresses the issues raised in the Government's Motion, on or before January 17, 2020. The Government shall file a response to the supplemented objections on or before January 22, 2020. No reply to the response will be accepted, and no extension of these deadlines will be granted. SO ORDERED by Judge William J. Martinez on 1/13/2020. Text Only Entry (wjmsec, ) (Entered: 01/13/2020) |
| 01/16/2020 | 189 | MOTION for Non-Guideline Sentence and Sentencing States by Scott M. Dittman. (Attachments: # 1 Exhibit A Transcript, # 2 Exhibit B Letter, # 3 Exhibit C Letter, # 4 Exhibit D Email)(Guevara, Andres) (Entered: 01/16/2020) |
| 01/16/2020 | 190 | SUPPLEMENT to 161 Objection/Response to Presentence Report by Scott M. Dittman (Guevara, Andres) (Entered: 01/16/2020) |
| 01/16/2020 | 191 | ORDER as to Scott M. Dittman (2): This matter is before the Court Defendant's Motion for Variant Sentence and Sentencing Statement 189 . The Government is DIRECTED to file a Response to Defendant's Motion on or before January 23, 2020. No Reply will be permitted. SO ORDERED by Judge William J. Martinez on 1/16/2020. Text Only Entry (wjmsec, ) (Entered: 01/16/2020) |
| 01/21/2020 | 192 | RESTRICTED PRESENTENCE REPORT as to William J. Sears (Attachments: # 1 Exhibit A, # 2 Exhibit B)(doden, ) (Entered: 01/21/2020) |
| 01/21/2020 | 193 | RESTRICTED ADDENDUM to Presentence Report 192 as to William J. Sears (Attachments: # 1 Exhibit A, # 2 Exhibit B)(doden, ) (Entered: 01/21/2020) |
| 01/21/2020 | 194 | RESTRICTED PRESENTENCE REPORT as to Scott M. Dittman (Attachments: # 1 Exhibit A, # 2 Exhibit B)(doden, ) (Entered: 01/21/2020) |
| 01/21/2020 | 195 | RESTRICTED ADDENDUM to Presentence Report 194 as to Scott M. Dittman (Attachments: # 1 Exhibit A, # 2 Exhibit B)(doden, ) (Entered: 01/21/2020) |
| 01/22/2020 | 196 | RESPONSE by USA as to Scott M. Dittman re: 190 Supplement filed by Scott M. Dittman (Sibert, Jeremy) (Entered: 01/22/2020) |
| 01/23/2020 | 197 | RESPONSE to Motion by USA as to Scott M. Dittman re 189 MOTION for Non-Guideline Sentence and Sentencing States (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37)(Sibert, Jeremy) (Entered: 01/23/2020) |
| 01/23/2020 | 202 | Conventionally Submitted Material : CD re: Response to Motion,,, 197 by Defendant Scott M. Dittman Text Only Entry (angar, ) (Entered: 01/27/2020) |
| 01/24/2020 | 198 | MOTION to Continue Sentencing Hearing by Scott M. Dittman. (Guevara, Andres) (Entered: 01/24/2020) |
| 01/24/2020 | 199 | ORDER as to Scott M. Dittman (2): This matter is before the Court on Defendant's Motion to Continue Sentencing 198 . The Government is DIRECTED to file a Response to Defendant's Motion no later than 9:00 a.m. on Monday, January 27, 2020. No Reply will be permitted. SO ORDERED by Judge William J. Martinez on 1/24/2020. Text Only Entry (wjmsec, ) (Entered: 01/24/2020) |
| 01/24/2020 | 200 | RESPONSE to Motion by USA as to Scott M. Dittman re 198 MOTION to Continue Sentencing Hearing (Sibert, Jeremy) (Entered: 01/24/2020) |
| 01/27/2020 | 201 | ORDER as to Scott M. Dittman (2): This matter is before the Court on 198 Defendant Dittman's Motion to Continue Sentencing (the "Motion"). Dittman seeks a continuance of the sentencing hearing set for this Thursday, January 30, 2020, "in order to adequately address the issues raised in the governments' Response and to protect Mr. Dittman's rights to a fair sentencing." Id. The current sentencing date of January 30, 2020 is the fourth setting for this hearing, and was set 111 days ago, on October 9, 2019. Dittman's counsel has therefore known for over 3 months that, pursuant to the undersigned Revised Practice Standards, any sentencing-related motions were to be filed no later than January 16, 2020, two weeks prior to the date of the sentencing hearing. Given the nature of the fraudulent scheme admitted to by this Defendant, defense counsel should well have anticipated that any motion for a variant sentence would be met in the form of substantial opposition by the Government. Instead of anticipating the resulting need to "adequately address the issues raised in the government's response", and therefore to file his variance motion well in advance of the January 16, 2020 deadline, counsel chose to file his variance motion on the last possible date. In addition, as the Government notes in its Response, many of the exhibits submitted therewith are documents this Defendant either authored or were already previously in his possession. Counsel's tactical decision to delay the filing of the Motion until the deadline for doing so has squarely put him and his client in the position they now find themselves. More importantly, this decision does not establish good cause for granting Defendant the relief he seeks in his Motion. As a consequence, the Motion is DENIED. SO ORDERED by Judge William J. Martinez on 1/27/2020. Text Only Entry (wjmsec, ) (Entered: 01/27/2020) |
| 01/30/2020 | 203 | COURTROOM MINUTES for Sentencing Hearing as to Scott M. Dittman held before Judge William J. Martinez on 1/30/2020. Granting the Government's oral motion for an additional one-level reduction in the offense level for acceptance of responsibility. Granting the Government's oral motion to dismiss Count 2 of the Information. Denying 189 Defendant's Motion for Variant Sentence and Sentencing Statement. The parties shall file a Proposed Final Order of Forfeiture by Tuesday, February 4, 2020. Defendant sentenced as reflected on the record. Defendant's bond is continued. Court Reporter: Mary George. (afran) (Entered: 01/30/2020) |
| 01/30/2020 | 204 | COURTROOM MINUTES for Sentencing Hearing as to defendant William J. Sears (1) held before Judge William J. Martinez held on 1/30/2020. Granting the Government's oral motion for an additional one-level reduction in the offense level for acceptance of responsibility. Defendant sentenced as reflected on the record. Defendant remanded. Court Reporter: Mary George. (afran, ) (Entered: 01/31/2020) |
| 01/30/2020 | 206 | STRICKEN MOTION for Dismissal of Charges with Prejudice for Lack of Jurisdiction, by William J. Sears. (angar, ) Modified on 2/3/2020 to strike pursuant to 207 Order (angar, ). (Entered: 02/03/2020) |
| 02/03/2020 | 205 | RESTRICTED AMENDED PRESENTENCE REPORT as to Scott M. Dittman (Attachments: # 1 Exhibit A, # 2 Exhibit B)(doden, ) (Entered: 02/03/2020) |
| 02/03/2020 | 207 | ORDER as to William J. Sears (1) striking Defendant's Motion for Dismissal of Charges with Prejudice for Lack of Jurisdiction 206 As the Defendant, Mr. Sears has the right to have counsel appointed to represent him or he has the right to represent himself, but he does not have the right to hybrid representation. United States v. Hill, 526 F.2d 1019, 1025 (10th Cir. 1975). Because Defendant continues to be represented by counsel, he cannot be represented and still continue to file motions on his own behalf. Accordingly, ECF No. 206 is STRICKEN. SO ORDERED by Judge William J. Martinez on 2/3/2020. Text Only Entry (wjmsec, ) (Entered: 02/03/2020) |
| 02/04/2020 | 208 | MOTION to Amend/Correct the Preliminary Order of Forfeiture by USA as to Scott M. Dittman. (Attachments: # 1 Proposed Order (PDF Only))(Andrews, Tonya) (Entered: 02/04/2020) |
| 02/04/2020 | 209 | MOTION to Amend/Correct the Preliminary Order of Forfeiture by USA as to William J. Sears. (Attachments: # 1 Proposed Order (PDF Only))(Andrews, Tonya) (Entered: 02/04/2020) |
| 02/05/2020 | 210 | RESTRICTED AMENDED PRESENTENCE REPORT as to William J. Sears (Attachments: # 1 Exhibit A, # 2 Exhibit B)(doden, ) (Entered: 02/05/2020) |
| 02/10/2020 | 211 | Amended Preliminary ORDER of Forfeiture, as to William J. Sears (1). ORDERED by Judge William J. Martinez on 2/10/2020. (angar, ) (Entered: 02/10/2020) |
| 02/10/2020 | 212 | Amended Preliminary ORDER of Forfeiture, as to Scott M. Dittman (2). ORDERED by Judge William J. Martinez on 2/10/2020. (angar, ) (Entered: 02/10/2020) |
| 02/10/2020 | 213 | JUDGMENT as to defendant Scott M. Dittman (2). Count 1 of the Information: Defendant sentence to 60 months imprisonment. 3 years of supervised release. $100 special assessment fee. Entered by Judge William J. Martinez on 2/10/2020. (afran) (Entered: 02/10/2020) |
| 02/10/2020 | 214 | STATEMENT OF REASONS as to Scott M. Dittman (2). (afran) (Entered: 02/10/2020) |
| 02/10/2020 | 215 | JUDGMENT as to defendant William J. Sears (1). Counts 1 and 2 of the Information: Defendant sentence to imprisonment for a term of 60 months as to Count 1 and 36 months as to Count 2, for a total term of 96 months of incarceration. 3 years of supervised release as to Count 1 and 1 year of supervised release as to Count 2, to run concurrent. $200 special assessment fee. $2,433,818.00 in restitution. Entered by Judge William J. Martinez on 2/10/2020. (afran) (Entered: 02/10/2020) |
| 02/10/2020 | 216 | STATEMENT OF REASONS as to William J. Sears (1). (afran) (Entered: 02/10/2020) |
| 02/12/2020 | 217 | NOTICE OF APPEAL as to 215 Judgment, by William J. Sears. (Bornstein, Peter) (Entered: 02/12/2020) |
| 02/13/2020 | 218 | LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 217 Notice of Appeal as to William J. Sears to the U.S. Court of Appeals. ( CJA,) (Attachments: # 1 Preliminary Record and Docket Sheet)(angar, ) (Entered: 02/13/2020) |
| 02/13/2020 | 220 | USCA Case Number as to William J. Sears 20-1042 for 217 Notice of Appeal filed by William J. Sears. (angar, ) (Entered: 02/19/2020) |
| 02/14/2020 | 219 | ORDER to Surrender as to Scott M. Dittman; Defendant to surrender to FCI Schuylkill Satellite Prison Camp, Interstate 81 & 901W on March 5, 2020 by 12:00 p.m. and will travel at their own expense. ORDERED by Judge William J. Martinez on 2/14/2020. (angar, ) (Entered: 02/14/2020) |
| 02/20/2020 | 221 | MOTION for Bond While on Appeal by William J. Sears. (Bornstein, Peter) (Entered: 02/20/2020) |
| 02/20/2020 | 222 | ORDER as to William Sears (1): This matter is before the Court on Defendant's Motion for Bond while on Appeal 221 . The Government is DIRECTED to file a Response to Defendant's Motion on or before March 2, 2020. No Reply will be accepted without prior leave or order of Court. SO ORDERED by Judge William J. Martinez on 2/20/2020. Text Only Entry (wjmsec, ) (Entered: 02/20/2020) |
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| PACER Login: | us6038:2655395:4299065 | Client Code: | |
| Description: | Docket Report | Search Criteria: | 1:16-cr-00301-WJM |
| Billable Pages: | 22 | Cost: | 2.20 |
Updated February 25, 2020