[This is the docket listing for the case U.S. v. Le, from PACER. It lists everything filed in the case, with a brief summary of the contents. Thao Le owned a class 3 storefront shop in the Tulsa, OK, area, called Cadre Supply. The docket is a little cryptic, in that most of it is abbreviated. The PACER people have a User Manual, which explains some of the abbreviations, however, I couldn't find it on-line. Docket as of June 18, 1998 9:01 pm Page 1 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 TERMED APPEAL 1C 2 U.S. District Court Northern District of Oklahoma (Tulsa) CRIMINAL DOCKET FOR CASE #: 97-CR-84-ALL USA v. Le Filed: 07/03/97 Dkt # in 10th Circuit : is :00-98-05088 Case Assigned to: Judge Sven Erik Holmes THAO DINH LE (1) Mark Donaldson Lyons defendant [term 05/11/98] [term 05/11/98] [COR LD NTC ret] Kevin C Danielson [term 05/11/98] [COR LD NTC ret] Paul Bryan Harmon [term 05/11/98] [COR LD NTC] Lyons & Clark 616 S Main St Suite 201 Tulsa, OK 74119 918-599-8844 Thao Dinh Le [term 05/11/98] unk Pending Counts: Disposition 18:922(g)(3): POSSESSING As to Cts 3,5 & 6 of 2nd SS FIREARMS WHILE BEING A USER OF indctmt: BOP-130 mo (70 mo as UNLAWFUL CONTROLLED SUBSTANCES to Cts 3 & 5 and to run concur (3ss) ea w/other and 5 yrs mand as to Ct 6 and to run consec w/Cts 3 & 5); SMA-$300 tot as to Cts 3, 5 & 6; Restit-$3,213; SR - 3 yrs (3ss) 26:5861(d): POSSESSION OF As to Cts 3,5 & 6 of 2nd SS UNREGISTERED DESTRUCTIVE indctmt: BOP-130 mo (70 mo as DEVICES; 26: 5845; AND to Cts 3 & 5 and to run concur 26:5871. ea w/other and 5 yrs mand as (5ss) to Ct 6 and to run consec w/Cts 3 & 5); SMA-$300 tot as to Cts 3, 5 & 6; Restit-$3,213; SR - 3 yrs (5ss) Docket as of June 18, 1998 9:01 pm Page 2 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 18:924(c)(1): CARRYING A As to Cts 3,5 & 6 of 2nd SS FIREARM DURING AND IN RELATION indctmt: BOP-130 mo (70 mo as TO A DRUG TRAFFICKING CRIME to Cts 3 & 5 and to run concur (6ss) ea w/other and 5 yrs mand as to Ct 6 and to run consec w/Cts 3 & 5); SMA-$300 tot as to Cts 3, 5 & 6; Restit-$3,213; SR - 3 yrs (6ss) Offense Level (opening): 4 Terminated Counts: Disposition 18:922(j): POSSESSION OF A Cts 1,2,4,7,8, & 9 of SS STOLEN FIREARM Indctmt dism (1ss) (1ss) 18:922(j) - POSSESSION OF A Cts 1,2,4,7,8, & 9 of SS STOLEN FIREARM Indctmt dism (1s) (1s) 26:5861(d) - Possession of an Cts 1,2,4,7,8, & 9 of SS Unregistered Destructive Indctmt dism Device; 18:2 (1) (1) 18:922(o): UNLAWFUL Cts 1,2,4,7,8, & 9 of SS POSSESSION OF MACHINEGUNS Indctmt dism (2ss) (2ss) 18:922(o) - UNLAWFUL Cts 1,2,4,7,8, & 9 of SS POSSESSION OF MACHINEGUNS Indctmt dism (2s) (2s) 18:922(g)(3) - POSSESSING Cts 1,2,4,7,8, & 9 of SS FIREARMS WHILE BEING A USER OF Indctmt dism UNLAWFUL CONTROLLED SUBSTANCES (3s) (3s) 18:842(h): POSSESSION OF Cts 1,2,4,7,8, & 9 of SS STOLEN EXPLOSIVES Indctmt dism (4ss) (4ss) 18:842(h) - POSSESSION OF Cts 1,2,4,7,8, & 9 of SS STOLEN EXPLOSIVES Indctmt dism (4s) (4s) 26:5861(d) - POSSESSION OF Cts 1,2,4,7,8, & 9 of SS UNREGISTERED DESTRUCTIVE Indctmt dism DEVICES (5s) (5s) Docket as of June 18, 1998 9:01 pm Page 3 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 18:924(c)(1): CARRYING A Cts 1,2,4,7,8, & 9 of SS FIREARM DURING AND IN RELATION Indctmt dism TO A DRUG TRAFFICKING CRIME (7ss - 8ss) (7ss - 8ss) 26:5861(d): POSSESSION OF Cts 1,2,4,7,8, & 9 of SS UNREGISTERED DESTRUCTIVE Indctmt dism DEVICES; 26:5841; 26:5845; (9ss) and 26:5871. (9ss) Offense Level (disposition): 4 Complaints: NONE U. S. Attorneys: Neal Kirkpatrick [COR LD NTC] United States Attorney 333 W 4th St 3460 US Courthouse Tulsa, OK 74103 918-581-7463 Docket as of June 18, 1998 9:01 pm Page 4 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 7/3/97 1 INDICTMENT by plaintiff USA Counts filed against Thao Dinh Le (1) count(s) 1 (dh) [Entry date 07/11/97] 7/9/97 -- ARREST Warrant issued for defendant Thao Dinh Le by Court Clerk (PL-CLK) (dh) [Entry date 07/11/97] 7/25/97 -- ARREST of defendant Thao Dinh Le on 7/24/97 (jcm) [Entry date 07/25/97] 7/25/97 -- MINUTES: before Magistrate Frank H. McCarthy dft Thao Dinh Le arraigned; N/G plea entered; Attorney Mark D Lyons present;, gov req detention hrg; ct grants ; DETENTION HRG set for 3:00 7/28/97 for Thao Dinh Le before Magistrate Frank H. as to defendant Thao Dinh Le; deft remanded to USM. (jcm) [Entry date 07/25/97] 7/28/97 2 ORDER of Temporary Detention by Magistrate Frank H. McCarthy as to defendant Thao Dinh Le (cc: all counsel) (jcm) [Entry date 07/28/97] 7/28/97 -- MINUTES: before Magistrate Frank H. McCarthy as to defendant Thao Dinh Le, ; detention hrg held on 7/28/97 as to defendant Thao Dinh Le; witn heard; proffer by deft; ct finds deft is a danger to the community and is detained; deft remanded to custody of USM. (jm) [Entry date 07/29/97] 7/29/97 3 NOTICE by defendant Thao Dinh Le (Profer in regard to bail and/or detention) (sms) [Entry date 07/29/97] 7/29/97 4 NOTICE by defendant Thao Dinh Le (second profer in regard to bail and/or detention) (sms) [Entry date 07/29/97] 7/29/97 -- SCHEDULING NOTICE by Judge Sven Erik Holmes ; motion filing ddl set for 8/11/97 for Thao Dinh Le ; response filing ddl set for 8/21/97 for Thao Dinh Le ; PRETRIAL/MOTION/PLEA HRG set for 2:00 p.m. on 8/29/97 for Thao Dinh Le ; Voir Dire, Jury Instructions, and Trial Briefs are due 09/8/97; and JURY TRIAL set for 9:30 a.m. on 9/15/97 for Thao Dinh Le . (cc: all counsel, USM & USP) (dh) [Entry date 07/29/97] 7/29/97 5 ORDER of Detention by Magistrate Frank H. McCarthy as to defendant Thao Dinh Le (cc: all counsel) (jm) [Entry date 07/29/97] 8/4/97 6 MOTION to continue trial (O/J) by defendant Thao Dinh Le (lc) [Entry date 08/05/97] 8/11/97 7 UNOPPOSED MOTION to extend time to file mtns (O2J) by defendant Thao Dinh Le (cpo) [Entry date 08/12/97] 8/11/97 -- ARREST WARRANT executed as to defendant Thao Dinh Le on 7/24/97 (cpo) [Entry date 08/12/97] Docket as of June 18, 1998 9:01 pm Page 5 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 8/13/97 -- MINUTE ORDER by Judge Sven Erik Holmes granting Defendant's motion to extend time to file motions [7-1] motion filing ddl reset for 8/18/97 as to defendant Thao Dinh Le (cc: all counsel) (cpo) [Entry date 08/14/97] 8/14/97 8 ORDER by Judge Sven Erik Holmes granting motion to continue trial [6-1]; JURY TRIAL reset for 9:30 a.m. on 10/20/97 for Thao Dinh Le, as to defendant Thao Dinh Le excludable: Interest of Justice from 9/15/97 to 10/20/97; (cc: all counsel) (cpo) [Entry date 08/14/97] 8/18/97 9 MOTION to suppress and brf in support (C/J) by defendant Thao Dinh Le (lc) [Entry date 08/19/97] 8/26/97 10 SUPPLEMENTAL motion to suppress as to search of Dfdt's person [9-1] by defendant Thao Dinh Le (C2J) (cpo) [Entry date 08/27/97] 8/27/97 11 MOTION to overturn Magistrate Judge's decision denying bond (C2J) by defendant Thao Dinh Le (cpo) [Entry date 08/28/97] 8/29/97 -- MINUTES of PT re Thao Dinh Le before Judge Sven Erik Holmes: pltf req Ct unseal 5 warrants-Ct gr; stmts made re dft's mtn/suppress and mtn/overturn MJ's order denying bond-Ct will hear mtns at eviden hrg set for 9/11/97 12:30; govt plans to present a ssind to GJ; after dft reviews unsealed warrants they will file appropriate mtns; dft will have all disc complete by next week (CR-G Dorrough) [11-1] [9-1] (lc) [Entry date 09/03/97] 9/2/97 -- TRANSCRIPT of detention hrg before Magistrate Frank H. McCarthy for date(s) of: 7/28/97 as to defendant Thao Dinh Le (C/R Eldon R. Simpson; 44 pgs) (cpo) [Entry date 09/03/97] 9/4/97 -- MINUTE ORDER by Judge Sven Erik Holmes to clarify the 8/29/97 hrg unsealing search warrants, including affidavits which accompany the warrants (SEH-J) (cc: all counsel) (lc) [Entry date 09/05/97] 9/8/97 -- MINUTE ORDER by Judge Sven Erik Holmes as to defendant Thao Dinh Le: IT IS HEREBY ORDERED that the Motion Hearing set for 12:30 p.m. on 9/11/97 is passed to 1:30 p.m. on 9/11/97 before Judge Holmes. (cc: all counsel, USM & USP)(Pties phoned by CRD) (dh) [Entry date 09/08/97] 9/9/97 -- REMARK (18 SUBPOENAS) by defendant Thao Dinh Le issued (cpo) [Entry date 09/10/97] 9/9/97 12 RESPONSE by plaintiff USA to dfdt's motion to suppress [9-1] seized evidence (sms) [Entry date 09/10/97] Docket as of June 18, 1998 9:01 pm Page 6 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 9/9/97 13 SUPPLEMENTAL MOTION w/ brf to suppress evidence obtained from searches (c2j) by defendant Thao Dinh Le (sms) [Entry date 09/10/97] 9/9/97 15 SUPERSEDING indictment by plaintiff USA; against defendant Thao Dinh Le (1) count(s) 1s, 2s, 3s, 4s, 5s (dh) [Entry date 09/15/97] 9/10/97 -- RETURN on subpoenas by defendant Thao Dinh Le served Peggy Tobin 9/9/97, Blair Ward 9/9/97, John Jarrett 9/9/97, Carlos Sandoval 9/10/97, Lowell Sprague 9/10/97 (lc) [Entry date 09/11/97] 9/10/97 14 MOTION to quash subpoena directed at federal agents (C/J) by plaintiff USA as to defendant Thao Dinh Le (lc) [Entry date 09/11/97] 9/11/97 -- RETURN on subpoena; served B C Leonard 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served M Irwin 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served D Rosell 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served Officer Ragan 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served D Walker 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served H R Wells 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served J K Gray 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served G Pitts 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served J Brown 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served T Crocker 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] 9/11/97 -- RETURN on subpoena; served J B Comstock 9/9/97 as to defendant Thao Dinh Le (sms) [Entry date 09/15/97] Docket as of June 18, 1998 9:01 pm Page 7 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 9/11/97 -- MINUTES: before Judge Sven Erik Holmes: Mot/Suppress Hrg held on 9/11/97; argmts heard on mot/suppress-evid pres w/testmny of witn by deft; ct finds warr satisfies Fed std req & constit req are met but holds in abeyance mot/suppress pndg determ state law warr suppression; ct cont this matter to date undeterm at this time. (G. Dorrough-CR) (dh) [Entry date 09/16/97] 9/16/97 -- SUMMONS issued as to defendant Thao Dinh Le ; ARRAIGNMENT HRG set for 3:00 9/23/97 for Thao Dinh Le before Magistrate John L. Wagner (PL-CLK) (dh) [Entry date 09/18/97] 9/17/97 -- MINUTE ORDER by Judge Sven Erik Holmes: IT IS HEREBY ORDERED THAT the Evidentiary Motion Hearing is continued to 10/3/97 at 3:00 p.m. as to defendant Thao Dinh Le. (cc: all counsel, USM & USP) (dh) [Entry date 09/17/97] 9/22/97 -- AMENDED MINUTE ORDER by Judge Sven Erik Holmes: IT IS HEREBY ORDERED that the Evidentiary Motion Hearing on the Motions to Suppress [9-1][13-1] is continued to 10/3/97 at 3:00 p.m. as to defendant Thao Dinh Le. The court will also hear evidence on defendant Thao Dinh Le's motion to overturn Magistrate Judge's decision denying bond [11-1]. (cc: all counsel, USM & USP) (dh) [Entry date 09/22/97] 9/23/97 -- MINUTES: before Magistrate Frank H. McCarthy; arraignment held on 9/23/97 as to defendant Dinh Le; NG plea entered; sched dates to be mailed to counsel; Attorney Kevin Danielson present for Mark Lyons; deft remanded to custody of USMS. (jm) [Entry date 09/23/97] 9/30/97 -- SCHEDULING NOTICE by Judge Sven Erik Holmes ; motion filing ddl set for 10/6/97 for Thao Dinh Le ; response filing ddl set for 10/9/97 for Thao Dinh Le ; PRETRIAL/MOTION/PLEA HRG set for 10:00 a.m. on 10/10/97 for Thao Dinh Le ; Voir Dire, Jury Instructions, and Jury Instructions due 10/14/97; JURY TRIAL set for 9:30 a.m. on 10/20/97 for Thao Dinh Le; and Evidentiary Motion Hearing on the Motions to Suppress [9-1][13-1] remains set for 10/3/97 at 3:00 p.m. as to defendant Thao Dinh Le. (cc: all counsel, USM & USP) (dh) [Entry date 09/30/97] 9/30/97 -- REMARK (11 Subpoenas issued) submitted by defendant Thao Dinh Le (cpo) [Entry date 10/02/97] Docket as of June 18, 1998 9:01 pm Page 8 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 10/3/97 -- MINUTES: before Judge Sven Erik Holmes: Mot Hrg held on 10/3/97; sched issues taken under advisement; bond issue (mot/overturn MJ's decision denying bond [11-1]) argmts heard-ct ord deft remain under PT detention; search warr issues discussed-evid heard on blood & hair warr issue-rule of sequestration invoked upon deft's req-ct affirms; 7/2 search warr for bus issue discussed-deft req ofcrs srvg warr to testify-ct den-MUA; exec of 7/2/97 bus warr issue discussed-deft needs 1/2 - 1 day for frthr evid hrg-hrg cont to 9:00 a.m. on 10/17/97; sched ord is amended-new JT date is 11/10/97 at 9:30 a.m.-clk to mail sched ntc.(G. Dorrough-CR) (dh) [Entry date 10/06/97] 10/6/97 -- SCHEDULING NOTICE & ORDER by Judge Sven Erik Holmes: Upon consideration of the oral motion to continue scheduling deadlines including the Jury Trial date by the parties at the 10/3/97 Motion Hearing, the Court finds the ends of justice would be served by granting the continuance of scheduling deadlines including the Jury Trial date and that such a continuance outweighs the interest of the public and the Defendant in a speedy trial. Accordingly, the jury trial of this matter is continued from 10/20/97 at 9:30 a.m. to 11/10/97 at 9:30 a.m.. The period of time occasioned by this delay from 10/20/97 to 11/10/97 is excludable pursuant to 18:3161(h)(8)(A). The Continued Evidentiary Motion Hearing is set for 10/17/97 at 9:00 a.m.; the FINAL PRETRIAL/MOTION/PLEA HRG set for 9:00 a.m. on 10/28/97 for Thao Le ; VOIR DIRE, JURY INSTRUCTIONS, AND TRIAL BRIEFS are due 11/3/97; and JURY TRIAL is reset for 9:30 a.m. on 11/10/97 for Thao Dinh Le. (cc: all counsel) (dh) [Entry date 10/06/97] 10/7/97 16 ORDER by Judge Sven Erik Holmes denying Dfdt's motion to overturn Magistrate Judge's decision denying bond [11-1] (cc: all counsel) (cpo) [Entry date 10/08/97] 10/9/97 17 SUPERSEDING indictment by plaintiff USA; against defendants Thao Dinh Le (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss-8ss, 9ss (dh) [Entry date 10/16/97] 10/10/97 -- ARREST Warrant returned unexecuted as to defendant Thao Dinh Le (replaced w/summons) (cpo) [Entry date 10/14/97] 10/15/97 -- SUMMONS issued as to defendant Thao Dinh Le ; ARRAIGNMENT HRG set for 3:00 10/29/97 for Thao Dinh Le before Magistrate Sam A. Joyner (PL-CLK) (dh) [Entry date 10/16/97] 10/16/97 18 MOTION to continue PT hrg and JT (O2J) by plaintiff USA as to defendant Thao Dinh Le (cpo) [Entry date 10/17/97] 10/16/97 19 SUPPLEMENTAL BRIEF OF AUTHORITIES to motion to suppress evidence obtained from searches [13-1], motion to suppress and brf in [9-1] by defendant Thao Dinh Le as to defendant Thao Dinh Le (C2J) (cpo) [Entry date 10/17/97] Docket as of June 18, 1998 9:01 pm Page 9 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 10/17/97 -- MINUTES: MOTION HRG held on 10/17/97 before Judge Sven Erik Holmes: deft's couns presents evid by witn testmny re: search warr infirm on its face (97-81-m 6/27/97)-ct finds 7/2 warr had no infirmity in process of way warr was issued & clm warr was infirm on its face is den & clm exec of warr infirm-den; USA makes stipul; deft req adm exhs 1 & 2-no obj-adm; sched conflicts discussed; JT set 11/24/97 at 9:30 a.m.; clk will set sched; O/S mots are moot at this tm & may be re-urged at a later date; mot/cont-moot; sched set forth: mots-11/3/97; Resp-11/7/97; PT/CP/Mot Hrg-11/10/97 at 8:30 a.m.; VD, JI, & TB-11/17/97, and JT-11/24/97 at 9:30 a.m. (G. Dorrough-CR) (dh) [Entry date 10/21/97] 10/21/97 -- SCHEDULING NOTICE by Judge Sven Erik Holmes ; motion filing ddl set for 11/3/97 for Thao Dinh Le ; response filing ddl set for 11/7/97 for Thao Dinh Le ; PRETRIAL/MOTION/PLEA HRG set for 8:30 11/10/97 for Thao Dinh Le ; VOIR DIRE, JURY INSTRUCTIONS, AND TRIAL BRIEFS due 11/17/97; and JURY TRIAL set for 9:30 11/24/97 for Thao Dinh Le (cc: all counsel) (dh) [Entry date 10/21/97] 10/29/97 -- MINUTES: before Magistrate Sam A. Joyner; arraignment held on 10/29/97 as to defendant Thao Dinh Le; NG plea entered; sched dates to be mailed. (jm) [Entry date 10/30/97] 10/30/97 20 ORDER by Judge Sven Erik Holmes regarding motion to continue PT hrg and JT [18-1]; PRETRIAL HRG reset for 8:30 a.m. on 11/10/97; JURY TRIAL reset for 9:30 a.m. on 11/24/97 for Thao Dinh Le , as to defendant Thao Dinh Le excludable: interest of justice from 11/10/97 to 11/24/97 (cc: all counsel) (cpo) [Entry date 10/31/97] 11/10/97 -- MINUTES: before Judge Sven Erik Holmes as to defendant Thao Dinh Le, Final pretrial/motion/plea hrg held on 11/10/97 as to defendant Thao Dinh Le, pties jtly req/cont JT & PT-ct gr and Final PRETRIAL/MOTION/PLEA HRG is cont to 9:00 a.m. on 12/12/97 for Thao Dinh Le and JURY TRIAL is reset for 9:30 a.m. on 12/15/97 for Thao Dinh Le as to defendant Thao Dinh(G. Dorrough-CR) (dh) [Entry date 11/10/97] Docket as of June 18, 1998 9:01 pm Page 10 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 11/10/97 -- MINUTE ORDER by Judge Sven Erik Holmes: UPON CONSIDERATION of the parties' joint request to continue the jury trial and the pretrial, the Court finds the ends of justice would be served by granting the continuances and that such continuances outweigh the interest of the public and the Defendant in a speedy trial. Accordingly the pretrial is continued to 12/12/97 at 9:00 a.m.; jury instructions, voir dire, and trial briefs are due 12/12/97 by noon; and the jury trial is continued to 12/15/97 at 9:30 a.m. The period of time occasioned by this delay from 11/24/97 to 12/15/97 is excludable pursuant to 18:3161(h)(8)(A). IT IS SO ORDERED, this 10th day of November, 1997. (cc: all counsel, USM & USP) (dh) [Entry date 11/10/97] 11/18/97 -- MINUTE ORDER by Judge Sven Erik Holmes: IT IS HEREBY ORDERED that the following amended scheduling order is effective this date due to the filing of the 10/9/97 Superseding Indictment: Mots are due 12/1/97; Responses are due 12/11/97; PT Conference is set 12/12/97 at 9:00 a.m.; Voir dire, jury instructions, and trial briefs are due 12/12/97; and Jury Trial is set 12/15/97 at 9:30 a.m. (cc: all counsel, USM & USP) (dh) [Entry date 11/18/97] 12/4/97 -- MINUTE ORDER by Judge Sven Erik Holmes: IT IS HEREBY ORDERED that the PRETRIAL/MOTION/PLEA HRG set for 9:00 a.m. on 12/12/97 is moved up and the PRETRIAL/MOTION/PLEA HRG is reset for 8:30 a.m. on 12/12/97 for Thao Dinh Le as to defendant Thao Dinh Le. (cc: all counsel, USM & USP) (dh) [Entry date 12/04/97] 12/9/97 21 ORDER by Judge Sven Erik Holmes granting dfdt's motion to suppress as to the search of dfdt's person [10-1]; denying dfdt's motions to suppress evidence from other searches [9-1], [13-1] (cc: all counsel) (sms) [Entry date 12/10/97] 12/12/97 22 WAIVER OF JURY by defendant Thao Dinh Le as to defendant Thao Dinh Le (SEH-J) (dh) [Entry date 12/12/97] 12/12/97 23 SPEEDY TRIAL WAIVER by defendant Thao Dinh Le as to defendant Thao Dinh Le (SEH-J) (dh) [Entry date 12/12/97] 12/12/97 -- MINUTES: before Judge Sven Erik Holmes: PT/CP/Mot Hrg held on 12/12/97 as to deft Thao Dinh Le; JT & Spdy Trl waived; Stmt of couns exec & filed in open ct; deft w/drws NG plea; GP as to Cts 3,5, & 6 of 2nd SS Indctmt; Cts 1,2,4,7,8,& 9 to be dism at sent; Pet/PG; guilty plea entered by defendant Thao Dinh Le, SENTENCING set for 2:30 3/13/98 for Thao Dinh Le as to defendant Thao Dinh Le; Deft remnded to USM. (G. Dorrough-CR) (dh) [Entry date 12/12/97] Docket as of June 18, 1998 9:01 pm Page 11 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 1/6/98 -- MINUTE ORDER by Judge Sven Erik Holmes: IT IS HEREBY ORDERED that the SENTENCING set for 2:30 p.m. on 3/13/98 is moved up to 9:00 a.m. on 3/13/98 for Thao Dinh Le as to defendant Thao Dinh Le. (SEH-J) (cc: all counsel, USM & USP) (dh) [Entry date 01/06/98] 2/26/98 -- MINUTE ORDER by Judge Sven Erik Holmes: IT IS HEREBY ORDERED that the SENTENCING set for 9:00 a.m. on 3/13/98 is stricken and the SENTENCING is moved up to 2:00 p.m. on 3/12/98 for Thao Dinh Le as to defendant Thao Dinh Le. (cc: all counsel, USM & USP) (dh) [Entry date 02/26/98] 3/5/98 24 MOTION to continue sentencing set for 3/13/98 (O2J) by defendant Thao Dinh Le (cpo) [Entry date 03/06/98] 3/9/98 -- MINUTE ORDER by Judge Sven Erik Holmes granting motion to continue sentencing set for 3/13/98 [24-1]; SENTENCING reset for 9:00 a.m. on 3/19/98 for Thao Dinh Le (SEH-J) (cc: all counsel) (cpo) [Entry date 03/09/98] 3/11/98 25 MOTION to continue sentencing (set for 3/19/98), and for return of property (C2J) by defendant Thao Dinh Le (cpo) [Entry date 03/12/98] 3/12/98 -- MINUTE ORDER by Judge Sven Erik Holmes granting motion to continue sentencing (set for 3/19/98) [25-1]. SENTENCING of 3/19/98 is RESET for 4/24/98, 10:30 a.m. HEARING on defendant's MOTION FOR RETURN OF PROPERTY SET for Friday, April 10, 1998, at 2:30 p.m. as to defendant Thao Dinh Le (cc: all counsel,USM,USP) (rm) [Entry date 03/12/98] 3/24/98 26 MOTION for disposition of forfeited property (O2J) by plaintiff USA as to defendant Thao Dinh Le (cpo) [Entry date 03/24/98] 4/13/98 -- MINUTES: before Judge Sven Erik Holmes: Mot Hrg held on 4/10/98 re: mot/rtn of prop & mot/dispos/forf prop; argmts heard; govt to ID item by item and basis on whch crime or a contraband to ct & deft; mot/rtn of prop [25-1] is den & mot/dispos of forf prop [26-1] -all ownershp rgts is distinguished & govt free to dispose the prop; deft's couns moves/backup natl firearms act registration forms-ct den.(G. Dorrough-CR) (dh) [Entry date 04/13/98] 4/17/98 27 NOTICE (Report re Disposition of Contraband) by plaintiff USA as to defendant Thao Dinh Le (lc) [Entry date 04/20/98] Docket as of June 18, 1998 9:01 pm Page 12 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 4/24/98 -- MINUTES: before Judge Sven Erik Holmes ; sentencing held on 4/24/98 as to defendant Thao Dinh Le; Deft's couns advises ct character witn are available; As to Cts 3,5, & 6 of 2nd SS Indctmt: BOP-70 mo as to Cts 3 & 5 and to run concur ea w/other; 5 yrs mand as to Cts 6 & to run consec w/Cts 3 & 5; SR-3 yrs; SMA-$300 tot as to Cts 3,5 & 6; Restit-$3,213; conds gvn incldg deft to particip in alcohol & drug trtmt and drug testing and deft to particip to search; deft advised of rgt/appeal; deft gives oral ntc/appeal; deft remnded to cstdy of USM.(G. Dorrough-CR) (dh) [Entry date 04/24/98] 4/27/98 28 MOTION to dismiss count(s) Thao Dinh Le (1) count(s) 4ss, 2ss, 1ss (O2J) by plaintiff USA as to defendant Thao Dinh Le (cpo) [Entry date 04/28/98] 5/6/98 29 MOTION to dismiss w/o prej count(s) Thao Dinh Le (1) count(s) 9ss, 7ss-8ss, 4ss, 2ss, 1ss (O2J) by plaintiff USA as to defendant Thao Dinh Le (cpo) [Entry date 05/07/98] 5/11/98 30 ORDER by Judge Sven Erik Holmes granting motion to dismiss w/o prej count(s) Thao Dinh Le (1) count(s) 9ss, 7ss-8ss, 4ss, 2ss, 1ss [29-1] (cc: all counsel) (cpo) [Entry date 05/11/98] 5/11/98 31 JUDGMENT ENTERED as to defendant Thao Dinh Le sentencing Thao Dinh Le (1) count(s) 3ss, 5ss , 6ss . As to Cts 3,5 & 6 of 2nd SS indctmt: BOP-130 mo (70 mo as to Cts 3 & 5 and to run concur ea w/other and 5 yrs mand as to Ct 6 and to run consec w/Cts 3 & 5); SMA-$300 tot as to Cts 3, 5 & 6; Restit-$3,213; SR - 3 yrs terminating defendant Thao Dinh Le, Cts 1,2,4,7,8, & 9 of SS Indctmt dism, case terminated by Judge Sven Erik Holmes (cc: all counsel, USM, USP, Fin Clk) (dh) [Entry date 05/15/98] 5/18/98 32 NOTICE OF APPEAL to USCA by defendant Thao Dinh Le from Dist. Ct Decision [31-4] (cnsl/fees pd/forms given) as to defendant Thao Dinh Le (C2J, 10th Cir) (cpo) [Entry date 05/19/98] 5/18/98 -- APPEAL fee received from defendant Thao Dinh Le in the amount of $ 105.00 (Receipt # 80653) regarding [32-1] (lc) [Entry date 05/20/98] 5/21/98 33 APPEAL Transcript Order Form (TOF) for dates: 9/11/97, 10/3/97, 10/17/97 re: [32-1] ; transcript(s) due 6/19/98 Thao Dinh Le as to defendant Thao Dinh Le (lc) [Entry date 05/22/98] 6/3/98 -- APPEAL NUMBER received from USCA regarding [32-1] ( Appeal Number: 98-5088 (#32) cr cnsl/fees) as to defendant Thao Dinh Le (lc) [Entry date 06/04/98] Docket as of June 18, 1998 9:01 pm Page 13 Proceedings include all events. TERMED 4:97cr84-ALL USA v. Le APPEAL 1C 2 6/16/98 -- TRANSCRIPT of motions hrg before Judge Sven Erik Holmes for 9/11/97 (Re: appeal [32-1] ) as to Thao Dinh Le (C/R G. Dorrough, 102 pgs.) (lc) [Entry date 06/17/98] 6/16/98 -- TRANSCRIPT of motions hrg before Judge Sven Erik Holmes for 10/3/97 (Re: appeal [32-1] ) as to defendant Thao Dinh Le ( C/R G. Dorrough, pgs 103-171) (lc) [Entry date 06/17/98] [Edit date 06/17/98] 6/16/98 -- TRANSCRIPT of motions hrg before Judge Sven Erik Holmes for 10/17/97 (Re: appeal [32-1] ) as to defendant Thao Dinh Le (C/R G. Dorrough, pgs. 172-256) (lc) [Entry date 06/17/98] 6/17/98 -- LETTER from Glen R. Dorrough, Crt Rptr to USCA advising transcripts have been completed as to defendant Thao Dinh Le (cpo) [Entry date 06/18/98] [END OF DOCKET: 4:97cr84-0]