Summary for ** Case: 5:89cr20123 USA v. Poulsen, et al ** Date Printed: 7/24/97 7:47:57 AM Court: Federal District Court -- Northern District of California (San Jose) Judge: Judge Ronald M. Whyte Filed On: 11/01/89 Note: Dkt# in other court: None Search Name: Poulsen, Kevin Case Updated: 10/01/96 Names for ** Case: 5:89cr20123 USA v. Poulsen, et al ** Litigant Litigant's Attorney KEVIN L. POULSEN (1) Paul B. Meltzer defendant [term 03/18/96] [term 03/18/96] (408) 426-6000 [COR LD NTC cja] Meltzer Leeming 340 Soquel Ave Suite 212 Santa Cruz, CA 95062 Peter A. Leeming [term 03/18/96] [COR LD NTC cja] Law Office of Meltzer & Leeming, Inc. 340 Soquel Avenue, Suite 212 Santa Cruz, CA 95062 (408) 426-6000 MARK K. LOTTOR (3) Gary C. Smith defendant (408) 354-5060 [term 05/08/96] [COR LD NTC ret] Gary C. Smith, Law Office of 3 High School Ct Los Gatos, CA 95032 Stuart D. Kirchick [COR LD NTC cja] Stuart D. Kirchick Law Offices 160 W Santa Clara St Ste 1200 San Jose, CA 95113 (408) 291-0123 U. S. Attorneys: Robert Crowe (415) 436-7159 [COR LD NTC] U S Attorney's Office Criminal Division 450 Golden Gate Ave San Francisco, CA 94102 Docket for ** Case: 5:89cr20123 USA v. Poulsen, et al ** Sub # Date Description Docket as of October 2, 1996 2:08 am 1 11/1/89 INDICTMENT by AUSA Robert Crowe. Counts filed against Kevin L. Poulsen (1) count(s) 1, 2, 3, 6, 7, 11, 8, 12, 9, 10, 16-17, 13, 14, 15, 18, 19, Mark K. Lottor (3) count(s) 1, 2, 3, 9, 19 (dhm) [Entry date 03/10/92] -- 11/1/89 Bench Warrant issued for Kevin L. Poulsen by Judge William A. Ingram Bail Set: $50,000. (dhm) [Entry date 04/08/92] -- 11/1/89 Bench Warrant issued for Mark K. Lottor by Judge William A. Ingram Bail Set: $50,000. (dhm) [Entry date 04/08/92] 2 11/2/89 ORDER SEALING INDICTMENT by Judge William A. Ingram (dhm) [Entry date 04/08/92] 12 1/17/90 ORDER by Mag. Judge Patricia V. Trumbull. THE INDICTMENT SHALL BE UNSEALED (dhm) [Entry date 04/08/92] 17 1/23/90 MINUTES: before Mag. Judge Patricia V. Trumbull ; first appearance of Mark K. Lottor , Attorney Robert Burmeister made special appearance;, dft Mark K. Lottor arraigned; not guilty plea entered; Ordered personal appearance bail set in the amount of $100,000. family member to sign bond as surety by 1/31/90;, ( Tape No.: 014-90LQ) (dhm) [Entry date 04/08/92] 19 1/24/90 $100,000. Bond by Mark K. Lottor by Mag. Judge Patricia V. Trumbull. Bond secured by dft's signature and the signature of a family member. (dhm) [Entry date 04/08/92] 24 1/31/90 Bond by Mark K. Lottor. Dft's sister, Simone K. Lotter executed the surety portion of the bond at USDC, Boston, Massachusetts. (dhm) [Entry date 04/08/92] -- 4/11/91 DEFENDANT Kevin L. Poulsen arrested (dhm) [Entry date 04/08/92] 157 4/23/91 Bench Warrant returned executed as to Kevin L. Poulsen on 4/11/91 (dhm) [Entry date 04/08/92] 158 4/30/91 MINUTES: before Mag. Judge Patricia V. Trumbull ; first appearance of Kevin L. Poulsen , Attorney Paul Meltzer present;, dft Kevin L. Poulsen arraigned; not guilty plea entered; Attorney present; ( Tape No.: 069-91PVT) (dhm) [Entry date 04/08/92] 239 3/4/92 ORDER by Judge William A. Ingram authorizing costs for dft. Kevin Poulsen to expend up to $5,000. for the purposes of legal assistant employment related to the case. (dhm) [Entry date 04/08/92] 234 3/12/92 MOTION for discovery, of co-dft. Gilligan's statement and/or for election by the prosecutor by defendant Mark K. Lottor (dhm) [Entry date 04/08/92] 235 3/20/92 RESPONSE by plaintiff USA re motion for discovery [234-1], and/or for election by the prosecutor by defendant Mark K. Lottor [234-2] (dhm) [Entry date 04/08/92] 236 3/20/92 DECLARATION by AUSA Crowe on behalf of plaintiff USA in support of Govt's response to dft. Lottor's Bruton motion and motion for exculpatory material [235-1] (dhm) [Entry date 04/08/92] 237 3/23/92 CALCULATION OF TIME UNDER THE SPEEDY TRIAL ACT by plaintiff USA (dhm) [Entry date 04/08/92] 238 3/30/92 ORDER by Judge Marilyn H. Patel case reassigned to Judge Ronald M. Whyte, (rg) [Entry date 04/02/92] [Edit date 04/08/92] 240 4/7/92 MINUTES: before Mag. Judge Patricia V. Trumbull ; Dft's Lottor's motion as to Brady material is granted. status hearing set for 5/14/92 at 2:00 before Mag. Judge Patricia V. Trumbull as to Kevin L. Poulsen dft Lottor need not appear. The deadline re the complexity issue is 6/30/92 ( Tape No.: 061-92) (dhm) [Entry date 04/22/92] 241 4/7/92 ORDER by Mag. Judge Patricia V. Trumbull granting in part and denying in part motion for discovery [234-1], the dft's request for Brady material is granted, the dft's request for Bruton and co-conspirator statements do not apply and the request is therefore denied [234-2] (dhm) [Entry date 04/22/92] 242 5/20/92 MINUTES: before Mag. Judge Patricia V. Trumbull ; the govt. is waiting for certain info. to arrive from San Francisco pretrial conf. 9/24/92 at 1:30 jury trial 10/5/92 at 1:30 status hearing continued to 6/25/92 at 2:00 ;all pending motions hrg 8/31/92 at 9:00 as to Kevin L. Poulsen ( Tape No.: 081-92) (dhm) [Entry date 05/21/92] -- 5/22/92 RECEIVED ex parte application for travel Order ( defendant Mark K. Lottor ) (dhm) [Entry date 05/28/92] 243 5/28/92 ORDER by Mag. Judge Patricia V. Trumbull granting ex parte application for travel order received [0-0] (dhm) [Entry date 05/29/92] 246 6/25/92 MINUTES: before Mag. Judge Patricia V. Trumbull ; status hearing held. No motions were heard. Status of case reviewed ;all pending motions hrg set for 7/27/92 at 9:00 before Judge Ronald M. Whyte as to Kevin L. Poulsen ( Tape No.: 104-92) (dhm) [Entry date 07/06/92] 244 6/26/92 ORDER DESIGNATING COURT SECURITY OFFICERS by Judge Ronald M. Whyte (dhm) [Entry date 06/29/92] 245 6/26/92 ORDER by Judge Ronald M. Whyte. All further proceedings, including discovery issues and non-dispositive motions, will be heard by Judge Ronald M. Whyte. (dhm) [Entry date 06/29/92] 247 7/6/92 ORDER by Mag. Judge Patricia V. Trumbull renewing finding of complexity, rescheduling classified information procedures act conference and setting new dates. The court finds that the time period from 6/25/92 until 7/27/92 is excludable under the Speedy Trial Act. (dhm) [Entry date 07/08/92] 248 7/27/92 MINUTES: before Judge Ronald M. Whyte ; Classified Info. Procedures Act Conference hearing held. ;all pending motions hrg continued to 8/31/92 at 9:00 as to Kevin L. Poulsen ( C/R: Shelly Coffey) (dhm) [Entry date 07/30/92] 249 8/31/92 STIPULATION AND ORDER by Judge Ronald M. Whyte ;all pending motions hrg continued to 09/14/92 at 9:00 as to Kevin L. Poulsen The Court finds that the time from 8/31/92 to 9/14/92 is excludable under the Speedy Trial Act. (dhm) [Entry date 08/31/92] 250 9/15/92 MINUTES: before Judge Ronald M. Whyte ; status hearing continued to 10/8/92 1:30 as to Dft Kevin Poulsen ( C/R: Shelly Coffey) (sd) [Entry date 09/21/92] -- 9/21/92 RECEIVED exparte application submitted by defendant Mark K. Lottor (sd) [Entry date 09/23/92] -- 9/21/92 RECEIVED exparte application submitted by defendant Mark K. Lottor (sd) [Entry date 09/23/92] -- 9/21/92 RECEIVED exparte application submitted by defendant Mark K. Lottor (sd) [Entry date 09/23/92] 251 9/25/92 EX-PARTE APPLICATION by defendant Mark K. Lottor for Travel order as to defendant Mark K. Lottor (sd) [Entry date 09/25/92] 252 10/5/92 EXPARTE APPLICATION AND ORDER by Mag. Judge Patricia V. Trumbull granting leave to travel as to dft Mark K. Lotter (sd) [Entry date 10/06/92] 253 10/5/92 EXPARTE APPLICATION AND ORDER granting leave to travel as to dft Mark K. Lottor by Mag. Judge Patricia V. Trumbull (sd) [Entry date 10/06/92] 254 10/6/92 NOTICE OF MOTION AND MOTION to suppress statements and evidence taken from dft Poulsen by defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 255 10/6/92 MEMORANDUM by defendant Kevin L. Poulsen in support of motion to suppress statements and evidence taken from dft Poulsen by defendant Kevin L. Poulsen [254-1] as to defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 256 10/6/92 NOTICE OF MOTION AND MOTION to dismiss count 19 by defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 257 10/6/92 DECLARATION by Peter A. Leeming on behalf of defendant Kevin L. Poulsen re motion to dismiss count 19 by defendant Kevin L. Poulsen [256-1] as to defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 258 10/6/92 NOTICE OF MOTION AND MOTION for supplemental discovery by defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 259 10/6/92 NOTICE OF MOTION AND MOTION to dismiss count 3 by defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 260 10/6/92 MEMORANDUM by defendant Kevin L. Poulsen in support of motion to dismiss count 3 by defendant Kevin L. Poulsen [259-1] as to defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 261 10/6/92 NOTICE OF MOTION AND MOTION to dismiss count 13 by defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 262 10/6/92 MEMORANDUM by defendant Kevin L. Poulsen in support of motion to dismiss count 13 by defendant Kevin L. Poulsen [261-1] as to defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 263 10/6/92 DECLARATION by Peter A. Leeming on behalf of defendant Kevin L. Poulsen re motion to dismiss count 13 by defendant Kevin L. Poulsen [261-1] as to defendant Kevin L. Poulsen (sd) [Entry date 10/07/92] 264 10/8/92 MINUTES: before Judge Ronald M. Whyte ; status hearing continued to 11/5/92 1:30 ;all pending motions hrg set for 11/23/92 9:00 as to defendant Kevin L. Poulsen ( C/R: Shelly Coffey) (sd) [Entry date 10/15/92] 265 10/13/92 AMENDED NOTICE OF MOTION by defendant Kevin L. Poulsen (sd) [Entry date 10/20/92] 266 11/16/92 RESPONSE by USA as to defendant Kevin L. Poulsen to request for Brady Material (kk) [Entry date 11/19/92] 267 11/16/92 DECLARATION by Robert K. Crowe on behalf of USA re response [266-1] (kk) [Entry date 11/19/92] 268 11/16/92 DECLARATION by Scott W. Harper on behalf of USA re response [266-1] (kk) [Entry date 11/19/92] 269 11/16/92 MEMORANDUM by USA in opposition to motion for supplemental discovery by defendant Kevin L. Poulsen [258-1] (kk) [Entry date 11/19/92] 270 11/16/92 DECLARATION by Robert K. Crowe on behalf of USA re opposition memorandum [269-1] (kk) [Entry date 11/19/92] 271 11/16/92 MEMORANDUM by USA in opposition to motion to suppress statements and evidence taken from dft Poulsen by defendant Kevin L. Poulsen [254-1] (kk) [Entry date 11/19/92] 272 11/16/92 STATEMENT of nonopposition by USA to motion to dismiss count 13 by defendant Kevin L. Poulsen [261-1], in support of motion to dismiss count 3 by defendant Kevin L. Poulsen [259-1], in support of motion to dismiss count 19 by defendant Kevin L. Poulsen [256-1] (kk) [Entry date 11/19/92] 275 12/4/92 SUPERSEDING indictment Kevin L. Poulsen (1) count(s) 1s, 2s-3s, 5s, 4s, 6s, 10s, 7s, 11s, 8s-9s, 13s-14s, 12s, Mark K. Lottor (3) count(s) 1s, 2s-3s, 4s, 8s (sd) [Entry date 12/16/92] 273 12/7/92 MINUTES: before Judge Ronald M. Whyte ; dft Kevin L. Poulsen arraigned; not guilty plea entered; Attorney present;, pre-trial conference will be held 1:30 3/18/93 for Kevin L. Poulsen ; Jury trial set for 1:30 3/22/93 for Kevin L. Poulsen, for Mark K. Lottor ; all pending motions will be heard by 9:00 2/1/93 for Kevin L. Poulsen ; as to defendant Kevin L. Poulsen ( C/R: Shelly Coffey) (sd) [Entry date 12/09/92] [Edit date 02/24/94] 274 12/14/92 CJA Form 20 (Attorney Payment Voucher) for Paul B. Meltzer representing Kevin L. Poulsen by Mag. Judge Patricia V. Trumbull (sd) [Entry date 12/15/92] 276 12/17/92 MINUTES: before Mag. Judge Patricia V. Trumbull ; dft Mark K. Lottor arraigned; not guilty plea entered; Attorney Gary C. Smith present; ( C/R: G. Sarkis Tape No.: 193-92) (kk) [Entry date 12/22/92] 277 12/18/92 ORDER by Mag. Judge Patricia V. Trumbull for permission to travel from 1/7/93 to 1/10/93 to Las Vegas Nevada as to defendant Mark K. Lottor (kk) [Entry date 12/22/92] 360 1/4/93 ORDER by Judge Ronald M. Whyte granting motion for issuance of subpoenas [347-1] as to Kevin L. Poulsen . FILED UNDER SEAL (dhm) [Entry date 01/10/94] 278 1/15/93 MOTION to continue motions hearing date by Kevin L. Poulsen (dhm) [Entry date 01/21/93] 279 1/15/93 ORDER by Judge Ronald M. Whyte granting motion to continue motions hearing date by Kevin L. Poulsen [278-1] all pending motions will be heard by 9:00 2/22/93 for Kevin L. Poulsen ; (dhm) [Entry date 01/21/93] 280 1/20/93 APPLICATION by defendant Mark K. Lottor for approval of funds for sevices of an expert. (dhm) [Entry date 01/25/93] 281 2/8/93 MOTION for order for the exception to the General Rule of Witness Exclusion by USA as to Kevin L. Poulsen, Mark K. Lottor (dhm) [Entry date 02/12/93] 282 2/8/93 REQUEST by plaintiff USA for notice of defense based upon public authorities as to defendant Kevin L. Poulsen, defendant Mark K. Lottor (dhm) [Entry date 02/12/93] 283 2/8/93 Identification under 18:10 of information related to the National Defense by plaintiff USA (dhm) [Entry date 02/12/93] 284 2/8/93 MOTION by USA for notice of dft's intent to disclose classified information as to Kevin L. Poulsen, Mark K. Lottor (dhm) [Entry date 02/12/93] 285 2/8/93 NOTICE by plaintiff USA of classified information at isue in CIPA Conference (dhm) [Entry date 02/12/93] 286 2/8/93 MOTION for pretrial conference by USA to consider matters relating to classified information as to Kevin L. Poulsen, Mark K. Lottor (dhm) [Entry date 02/12/93] 287 2/8/93 MOTION for authorization to delete specified items of classified information by USA , and to substitute a summary thereof in documents produced to the dft. in pretrial discovery Lottor (dhm) [Entry date 02/12/93] 288 2/8/93 DECLARATION by Sa Scott Harper on behalf of plaintiff USA re motion for authorization to delete specified items of classified information by USA [287-1], an to substitute summary [287-2] (dhm) [Entry date 02/12/93] 289 2/8/93 MOTION for protective order by USA (dhm) [Entry date 02/12/93] -- 2/8/93 RECEIVED proposed Order ( plaintiff USA ) re: [289-1] (dhm) [Entry date 02/12/93] -- 2/8/93 RECEIVED Govt's unsigned agreement to abide by protective order [289-1] (dhm) [Entry date 02/12/93] 290 2/8/93 NOTICE of hearing by USA motion for protective order by USA [289-1] ; hearing set for 9:00 2/22/93, motion for authorization to delete specified items of classified information by USA [287-1] ; hearing set for 9:00 2/22/93, motion Lottor [287-2] ; hearing set for 9:00 2/22/93, motion for pretrial conference by USA to consider matters relating to classified information as to Kevin L. Poulsen, Mark K. Lottor [286-1] ; hearing set for 9:00 2/22/93, motion by USA for notice of dft's intent to disclose classified information as to Kevin L. Poulsen, Mark K. Lottor [284-1] ; hearing set for 9:00 2/22/93, motion for order for the exception to the General Rule of Witness Exclusion by USA as to Kevin L. Poulsen, Mark K. Lottor [281-1] ; hearing set for 9:00 2/22/93, motion to dismiss count 13 by defendant Kevin L. Poulsen [261-1] ; hearing set for 9:00 2/22/93, motion to dismiss count 3 by defendant Kevin L. Poulsen [259-1] ; hearing set for 9:00 2/22/93, motion for supplemental discovery by defendant Kevin L. Poulsen [258-1] ; hearing set for 9:00 2/22/93, motion to dismiss count 19 by defendant Kevin L. Poulsen [256-1] ; hearing set for 9:00 2/22/93, motion to suppress statements and evidence taken from dft Poulsen by defendant Kevin L. Poulsen [254-1] ; hearing set for 9:00 2/22/93, motion for Travel order [251-1] ; hearing set for 9:00 2/22/93, motion [251-2] ; hearing set for 9:00 2/22/93 (dhm) [Entry date 02/12/93] 291 2/8/93 PROOF OF SERVICE by plaintiff USA of documents #281 to 290 (dhm) [Entry date 02/12/93] 292 2/19/93 CLERK'S NOTICE all pending motions will be heard by 9:00 3/8/93 for Kevin L. Poulsen, for Mark K. Lottor ; before Judge Ronald M. Whyte as to Kevin L. Poulsen, Mark K. Lottor (dhm) [Entry date 02/26/93] 293 2/26/93 PROPOSED JOINT STATEMENT by defendant Kevin L. Poulsen and plaintiff USA re scheduling (dhm) [Entry date 03/03/93] 294 3/8/93 ORDER by Judge Ronald M. Whyte Jury trial set for 1:30 7/12/93 for Kevin L. Poulsen, for Mark K. Lottor ; all pending motions will be heard by 9:00 5/24/93 for Kevin L. Poulsen, for Mark K. Lottor ; before Judge Ronald M. Whyte (dhm) [Entry date 03/10/93] 295 3/9/93 Magistrate Judge Trumbull's equest to Gary Smith for a declaration outlining what additional investigation needs to be done from the Chatham Group. (dhm) [Entry date 03/10/93] 296 4/13/93 EX-PARTE APPLICATION by defendant Kevin L. Poulsen for order authorizing funds FILED UNDER SEAL (dhm) [Entry date 04/15/93] [Edit date 04/15/93] -- 4/13/93 RECEIVED proposed order submitted by defendant Kevin L. Poulsen re: [296-1] FILED UNDER SEAL (dhm) [Entry date 04/15/93] 297 5/7/93 ORDER by Mag. Judge Patricia V. Trumbull granting motion for order authorizing funds [296-1] as to defendant Kevin L. Poulsen (dhm) [Entry date 05/10/93] 298 5/11/93 STATEMENT re: pending motions by defendant Kevin L. Poulsen (dhm) [Entry date 05/11/93] 299 5/11/93 RESPONSE by defendant Kevin L. Poulsen to opposition memorandum to motion for supplemental discovery [269-1] (dhm) [Entry date 05/11/93] 300 5/11/93 RESPONSE by defendant Kevin L. Poulsen to opposition memorandum to motion to suppress evidence [271-1] (dhm) [Entry date 05/11/93] 301 5/17/93 MOTION before Judge Ronald M. Whyte in limine by USA to preclude cross-examination re: or introduction of extrinsic evidence of alleged prior instance of misconduct which are not related to truthfulness or bias; and reply to dft's response to govt's opposition to motion for supplemental discovery (dhm) [Entry date 05/21/93] 302 5/24/93 MINUTES: before Judge Ronald M. Whyte ; pre-trial conference will be held 1:30 7/8/93 for Kevin L. Poulsen ; all pending motions will be heard by 9:00 6/14/93 for Kevin L. Poulsen ; ( C/R: Shelly Coffey) (dhm) [Entry date 05/26/93] 303 5/28/93 DECLARATION by dft. Kevin Poulsen in support of motion to suppress evidence and statements (dhm) [Entry date 06/01/93] 304 6/9/93 ORDER by Judge Ronald M. Whyte granting pltf's request for notice of defense based upon public authority defense [282-1] (dhm) [Entry date 06/15/93] 305 6/9/93 ORDER by Judge Ronald M. Whyte granting govt's motion for protective order [289-1] (dhm) [Entry date 06/15/93] 306 6/9/93 ORDER by Judge Ronald M. Whyte denying govt's motion for authorization to delete specified items of classified information [287-2] (dhm) [Entry date 06/15/93] 307 6/9/93 ORDER by Judge Ronald M. Whyte granting motion by USA for notice of dft's intent to disclose classified information [284-1] (dhm) [Entry date 06/15/93] 308 6/9/93 ORDER by Judge Ronald M. Whyte granting motion for order for the exception to the General Rule of Witness Exclusion by USA [281-1] (dhm) [Entry date 06/15/93] 309 6/9/93 ORDER by Judge Ronald M. Whyte setting hearing on motion to suppress statements and evidence taken from dft Poulsen by defendant Kevin L. Poulsen [254-1] 9:00 6/14/93 (dhm) [Entry date 06/15/93] 310 6/11/93 SUPPLEMENTAL DECLARATION by Peter A. Leeming on behalf of defendant Kevin L. Poulsen for disclosure of Von Brauch personnel files. (dhm) [Entry date 06/15/93] 311 6/16/93 MINUTES: before Judge Ronald M. Whyte ; evidentiary hearing will be held at 9:00 6/23/93 for Kevin L. Poulsen ; before Judge Ronald M. Whyte. The Court Ordered that van Brauch is subject to recall ( C/R: Colleen Stone) (dhm) [Entry date 06/29/93] 313 6/16/93 EXHIBIT and WITNESS list as to defendant Kevin L. Poulsen re: hearing on 6/16/93 (dhm) [Entry date 06/29/93] 314 6/23/93 MINUTES: before Judge Ronald M. Whyte ; pre-trial conference will be held 1:30 10/21/93 ; Jury trial set for 1:30 10/25/93 ; before Judge Ronald M. Whyte as to defendant Kevin L. Poulsen ( C/R: Collen Stone) (dhm) [Entry date 07/06/93] 312 6/25/93 ORDER by Mag. Judge Patricia V. Trumbull to travel to Las Vegas, Nevada from 07/09/93 to 07/11/93 as to defendant Mark K. Lottor (dhm) [Entry date 06/29/93] 315 7/7/93 ORDER by Judge Ronald M. Whyte Govt to provide to counsel for dft. Poulsen info. re: Air Tasking Order described in cnt. 12, and any other evidence which is exculpatory w/in the definition of Brady v. Maryland and its progeny to counsel for dft. Poulsen by 07/14/93 (dhm) [Entry date 07/12/93] 316 7/9/93 NOTICE OF MOTION AND MOTION by Third Party Witness PACIFIC BELL before Mag. Judge Edward A. Infante to quash subpoena of dft for personnel records of Jon vonBrauch with Notice set for 07/26/93 at 11:00 (dhm) [Entry date 07/12/93] [Edit date 07/12/93] 321 7/9/93 DECLARATION by Peter A. Leeming on behalf of defendant Kevin L. Poulsen in support of ex parte application for computer expert costs (dhm) [Entry date 08/30/93] 322 7/9/93 ORDER by Judge Ronald M. Whyte authorizing costs for computer expert as to defendant Kevin L. Poulsen (dhm) [Entry date 08/30/93] 317 7/21/93 OPPOSITION by defendant Kevin L. Poulsen to motion to quash subpoena of dft for personnel records of Jon vonBrauch [316-1] (dhm) [Entry date 07/26/93] 318 7/26/93 MINUTES: before Mag. Judge Edward A. Infante ; that the motion to quash subpoena of dft for personnel records of Jon vonBrauch [316-1] is submitted ( Tape No.: 091I-93 EAI) (dhm) [Entry date 08/03/93] 319 8/3/93 MINUTES: before Mag. Judge Edward A. Infante ; granting motion to quash subpoena of dft for personnel records of Jon vonBrauch [316-1] ( C/R: Hollis Tape No.: 093I-93) (cv) [Entry date 08/06/93] 320 8/17/93 EX-PARTE APPLICATION before Judge Ronald M. Whyte by defendant Kevin L. Poulsen for supplemental expenses FILED UNDER SEAL (dhm) [Entry date 08/20/93] -- 8/17/93 RECEIVED proposed order submitted by defendant Kevin L. Poulsen re: [320-1] FILED UNDER SEAL (dhm) [Entry date 08/20/93] 323 8/23/93 ORDER by Judge Ronald M. Whyte granting motion for supplemental expenses [320-1] as to defendant Kevin L. Poulsen (dhm) [Entry date 08/30/93] 324 10/6/93 SECOND SUPERSEDING indictment Kevin L. Poulsen (1) counts 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss, 8ss, 9ss, 10ss, 11ss, 12ss, 13ss, 14ss, 15ss, 16ss, Mark K. Lottor (3) counts 1ss, 2ss, 3ss, 4ss, 8ss (dhm) [Entry date 10/15/93] 325 10/15/93 EX-PARTE APPLICATION before Judge Ronald M. Whyte by defendant Kevin L. Poulsen for issuance of subpoenas. FILED UNDER SEAL (dhm) [Entry date 10/20/93] 326 10/15/93 DECLARATION by Paul B. Meltzer on behalf of defendant Kevin L. Poulsen re motion for issuance of subpoenas. FILED UNDER SEAL [325-1] (dhm) [Entry date 10/20/93] 327 10/15/93 ORDER by Mag. Judge Patricia V. Trumbull granting motion for issuance of subpoenas. FILED UNDER SEAL [325-1] as to defendant Kevin L. Poulsen (dhm) [Entry date 10/20/93] 328 10/15/93 MINUTES: before Judge Ronald M. Whyte ; Superseding Indictment filed. Motions will be heard by 9:00 12/13/93. The Court will set a new pretrial and trial date. ( C/R: Shelly Coffey) (dhm) [Entry date 10/22/93] 329 10/21/93 CJA Form 20 (Attorney Payment Voucher) for Paul B. Meltzer representing Kevin L. Poulsen by Mag. Judge Patricia V. Trumbull (dhm) [Entry date 10/27/93] 331 10/22/93 SUPPLEMENTAL MEMO in opposition to dft's motion to suppress evidence and distinguishing Walter by plaintiff USA as to defendant Kevin L. Poulsen (dhm) [Entry date 11/03/93] 332 10/22/93 DECLARATION by James H. Rosser on behalf of plaintiff USA re [331-1] as to defendant Kevin L. Poulsen (dhm) [Entry date 11/03/93] 333 10/22/93 DECLARATION by James Neal on behalf of plaintiff USA re [331-1] as to defendant Kevin L. Poulsen (dhm) [Entry date 11/03/93] 334 10/22/93 PROOF OF SERVICE by plaintiff USA of document #331 to 333 (dhm) [Entry date 11/03/93] 337 10/22/93 LETTER dated 10/22/93 from Robert Crowe re motion to suppress as to defendant Kevin L. Poulsen (dhm) [Entry date 11/22/93] 330 10/26/93 SUPPLEMENT points and authorities re computer tape searches by defendant Kevin L. Poulsen (dhm) [Entry date 10/27/93] 335 10/27/93 RESPONSE by defendant Kevin L. Poulsen re [331-1] (dhm) [Entry date 11/03/93] 336 11/1/93 REPLY by plaintiff USA to dft's response [335-1] (dhm) [Entry date 11/08/93] 338 12/6/93 EX-PARTE APPLICATION before Judge Ronald M. Whyte by plaintiff USA for issuance of summons (dhm) [Entry date 12/08/93] 339 12/6/93 DECLARATION by AUSA Crowe on behalf of plaintiff USA re motion for issuance of summons [338-1] as to Mark K. Lottor (dhm) [Entry date 12/08/93] 340 12/7/93 ORDER by Judge Ronald M. re motion to suppress evidence and statments taken from storage locker and dft. Poulsen's residence (dhm) [Entry date 12/13/93] 342 12/8/93 MINUTES: before Mag. Judge Patricia V. Trumbull ; dft Kevin L. Poulsen arraigned; not guilty plea entered; , all pending motions will be heard by 9:00 12/13/93 for Kevin L. Poulsen, for Mark K. Lottor ; before Judge Ronald M. Whyte ( Tape No.: 176-93 LeRoy) (dhm) [Entry date 12/13/93] 341 12/10/93 NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Kevin L. Poulsen for reconsideration of order filed 12/07/93 with Notice set for 12/13/93 at 9:00 (dhm) [Entry date 12/13/93] 345 12/13/93 MINUTES: before Judge Ronald M. Whyte ; pre-trial conference 1:30 1/5/94 ; pre-trial motions due by 1/7/94 ; Jury trial set for 1:30 1/19/94 for dft. Poulsen ; all pending motions will be heard by 1:30 1/18/94, jury selection will begin 1/14/94 for dft. Poulsen ; before Judge Ronald M. Whyte ( C/R: JoAnn Bryce) (dhm) [Entry date 12/27/93] [Edit date 12/27/93] 343 12/15/93 OPPOSITION by plaintiff USA to as to defendant Kevin L. Poulsen motion for reconsideration of order filed 12/07/93 [341-1] (dhm) [Entry date 12/27/93] 346 12/16/93 MINUTES: before Mag. Judge Patricia V. Trumbull; Hearing for I.D. of counsel set for 9:30 1/6/94 for Mark K. Lottor ; before Mag. Judge Patricia V. Trumbull ( Tape No.: 182-93 LeRoy) (dhm) [Entry date 12/28/93] 344 12/20/93 RESPONSE by defendant Kevin L. Poulsen to govt's opposition [343-1] (dhm) [Entry date 12/27/93] 347 1/3/94 EX-PARTE APPLICATION before Judge Ronald M. Whyte by defendant Kevin L. Poulsen for issuance of subpoenas FILED UNDER SEAL (dhm) [Entry date 01/05/94] 348 1/3/94 DECLARATION by Peter A. Leeming on behalf of defendant Kevin L. Poulsen re motion for issuance of subpoenas [347-1] FILED UNDER SEAL (dhm) [Entry date 01/05/94] 349 1/3/94 ORDER by Judge Ronald M. Whyte granting motion for reconsideration of order filed 12/07/93 [341-1]. The search of the contents of the tapes is suppressed as to defendant Kevin L. Poulsen (dhm) [Entry date 01/05/94] 359 1/4/94 LETTER to Magistrate Judge Trumbull dated 12/15/93 from dft. Mark K. Lottor requesting copy of second superceding indictment (dhm) [Entry date 01/10/94] 350 1/5/94 NOTICE OF APPEAL by plaintiff USA from Dist. Court order [349-1] as to Kevin L. Poulsen. Fee status- exempt (dhm) [Entry date 01/05/94] 351 1/5/94 CERTIFICATION RE: INTERLOCUTORY APPEAL by plaintiff USA (dhm) [Entry date 01/05/94] 352 1/5/94 USCA ORDER FOR TIME SCHEDULE: (dhm) [Entry date 01/05/94] 353 1/5/94 PRE-TRIAL MEMORANDUM by defendant Kevin L. Poulsen (dhm) [Entry date 01/10/94] 354 1/5/94 NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Kevin L. Poulsen for a bill of particulars with Notice set for 1/5/94 at 1:30 (dhm) [Entry date 01/10/94] 355 1/5/94 MEMORANDUM by defendant Kevin L. Poulsen in support of motion for a bill of particulars [354-1] (dhm) [Entry date 01/10/94] 356 1/5/94 NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte for counsel-conducted voir dire and points and authorities in support thereof (dhm) [Entry date 01/10/94] 357 1/5/94 MEMORANDUM by defendant Kevin L. Poulsen in support of motion for counsel-conducted voir dire and points and authorities in support thereof [356-1] (dhm) [Entry date 01/10/94] 358 1/5/94 PROPOSED JURY INSTRUCTIONS submitted by defendant Kevin L. Poulsen (dhm) [Entry date 01/10/94] 369 1/5/94 MINUTES: before Judge Ronald M. Whyte ; hearing set for dft's application for bail at 1:30 1/14/94 for Kevin L. Poulsen ; before Judge Ronald M. Whyte as to Kevin L. Poulsen ( C/R: Jo Ann Bryce) (dhm) [Entry date 01/26/94] 368 1/6/94 MINUTES: before Mag. Judge Patricia V. Trumbull ; I.D. of counsel set for 9:30 1/27/94 for Mark K. Lottor ; before Mag. Judge Patricia V. Trumbull ( Tape No.: 004-94 Sarkis) (dhm) [Entry date 01/18/94] 365 1/10/94 TRANSCRIPT DESIGNATION and Ordering Form filed by defendant Kevin L. Poulsen for dates 12/8/92, 5/24/93, 12/13/93 ; C/R: Shelly Coffey and Jo Ann Bryce; appeal [350-1] (cv) [Entry date 01/14/94] 361 1/11/94 ORDER by Mag. Judge Patricia V. Trumbull modifying conditions of release as to defendant Mark K. Lottor (dhm) [Entry date 01/12/94] 366 1/12/94 OPPOSITION by plaintiff USA to as to defendant Kevin L. Poulsen to motion for bail. (cv) [Entry date 01/14/94] 367 1/12/94 DECLARATION by AUSA Crowe on behalf of plaintiff USA re opposition [366-1] as to defendant Kevin L. Poulsen (cv) [Entry date 01/14/94] 362 1/13/94 MOTION before Judge Ronald M. Whyte to revoke of detention order by defendant Kevin L. Poulsen, for order dismissing Government's appeal. set for 1/14/94 at 1:30. (cv) [Entry date 01/13/94] 363 1/13/94 MEMORANDUM by defendant Kevin L. Poulsen in support of motion to revoke of detention order by defendant Kevin L. Poulsen [362-1], of motion for order dismissing Government's appeal. [362-2] (cv) [Entry date 01/13/94] 364 1/13/94 DECLARATION by R. S. Bortnick re motion to revoke of detention order by defendant Kevin L. Poulsen [362-1], re motion for order dismissing Government's appeal. [362-2] (cv) [Entry date 01/13/94] -- 1/14/94 NOTIFICATION by Circuit Court of Appellate Docket Number 94-10020 as to defendant Kevin L. Poulsen (cv) [Entry date 01/14/94] 370 1/14/94 MINUTES: before Judge Ronald M. Whyte ; before Judge Ronald M. Whyte, detaining as to defendant Kevin L. Poulsen ( C/R: Jo Ann Bryce) (dhm) [Entry date 01/26/94] 371 1/27/94 MINUTES: before Mag. Judge Patricia V. Trumbull ; I.D. of counsel set for 9:30 2/3/94 for Mark K. Lottor ; appointment from panel to be announced ( Tape No.: 016-94 Sarkis) (dhm) [Entry date 02/02/94] 372 1/27/94 CJA Form 23 (Financial Affidavit) as to Mark K. Lottor (dhm) [Entry date 02/02/94] 373 1/28/94 CJA CONTRIBUTION ORDER by Mag. Judge Patricia V. Trumbull Dft to contribute $100.00 per month until conclusion of case as to Mark K. Lottor (dhm) [Entry date 02/02/94] 374 2/2/94 REPORTER'S TRANSCRIPT; Date of proceedings: 12/13/93 ( C/R: Jo Ann Bryce) as to defendant Kevin L. Poulsen (dhm) [Entry date 02/07/94] 375 2/3/94 MINUTES: before Mag. Judge Patricia V. Trumbull ; Attorney for Mark K. Lottor is Stuart D. Kirchick;, hearing held for I.D. of counsel. Stuart Kirchick is appointed . Lotter is trailing the Poulsen case for trial ( Tape No.: 020-94 Sarkis) (dhm) [Entry date 02/18/94] 376 2/17/94 REPORTER'S TRANSCRIPT; Date of proceedings: 05/24/93 ( C/R: Shelly Coffey) (dhm) [Entry date 02/18/94] 377 2/17/94 REPORTER'S TRANSCRIPT; Date of proceedings: 12/07/92 ( C/R: Shelly Coffey) (dhm) [Entry date 02/18/94] -- 2/24/94 CERTIFICATE of Record mailed to USCA, counsel notified. (dhm) [Entry date 02/24/94] 378 5/3/94 MOTION before Mag. Judge Patricia V. Trumbull for appointment of co-counsel by dft Kevin L. Poulsen. FILED UNDER SEAL (dhm) [Entry date 05/11/94] 379 5/3/94 ORDER by Mag. Judge Patricia V. Trumbull granting motion for appointment of co-counsel by dft Kevin L. Poulsen. FILED UNDER SEAL [378-1] (dhm) [Entry date 05/11/94] 380 6/23/94 REPORTER'S TRANSCRIPT; Date of proceedings: 01/14/94 ( C/R: Jo Ann Bryce) as to defendant Kevin L. Poulsen (dhm) [Entry date 06/29/94] -- 7/12/94 RECORD on Appeal to USCA, cnsl notified. re appeal [350-1] (dhm) [Entry date 07/12/94] 381 7/15/94 RECEIPT from USCA of clerk's record on appeal received on 7/13/94 (dhm) [Entry date 07/26/94] 382 7/26/94 CJA Form 20 (Attorney Payment Voucher) for Paul B. Meltzer representing Kevin L. Poulsen by Mag. Judge Patricia V. Trumbull (dhm) [Entry date 08/02/94] 383 12/15/94 Bench Warrant returned executed as to Mark K. Lottor on 1/23/90 (dhm) [Entry date 12/20/94] 384 2/24/95 CERTIFIED COPY of USCA Order: reversing decision of the District Court [Appeal [350-1] as to defendant Kevin L. Poulsen USCA # 94-10020 (dhm) [Entry date 03/07/95] 385 3/7/95 CLERK's letter spreading the mandate to counsel. re appeal [350-1] as to defendant Kevin L. Poulsen (dhm) [Entry date 03/07/95] 386 5/4/95 Warrant executed on 1/23/90 as to Robert E. Gilligan by self surrender (dhm) [Entry date 05/09/95] 387 5/15/95 CJA Form 20 (Attorney Payment Voucher) for Paul B. Meltzer representing Kevin L. Poulsen by Mag. Judge Patricia V. Trumbull (JM) [Entry date 05/17/95] 388 5/23/95 CLERK'S NOTICE Trial setting hearing will be held at 9:00 6/12/95 for Kevin L. Poulsen ; status hearing will be held at 9:00 6/12/95 for Kevin L. Poulsen ; (dhm) [Entry date 05/23/95] 390 6/2/95 EX-PARTE APPLICATION before Judge Ronald M. Whyte by defendant Kevin L. Poulsen for computation of out date from the Bureau of Prisons (JM) [Entry date 06/22/95] [Edit date 06/22/95] 391 6/2/95 DECLARATION by Paul B. Meltzer on behalf of defendant Kevin L. Poulsen re motion for computation of out date from the Bureau of Prisons [390-1] (JM) [Entry date 06/22/95] 392 6/6/95 ORDER by Judge Ronald M. Whyte granting motion for computation of out date from the Bureau of Prisons [390-1] (JM) [Entry date 06/22/95] [Edit date 06/22/95] 389 6/13/95 STIPULATION and ORDER by Judge Ronald M. Whyte continuing as to defendant Kevin L. Poulsen, status hearing will be held at 8:30 6/21/95 for Kevin L. Poulsen ; Trial setting hearing will be held at 8:30 6/21/95 for Kevin L. Poulsen ; before Judge Ronald M. Whyte (JM) [Entry date 06/21/95] 393 6/21/95 MINUTES: before Judge Ronald M. Whyte ; status hearing held; status hearing will be held at 9:00 7/10/95 for Kevin L. Poulsen ; before Judge Ronald M. Whyte ( C/R: Leann Shortridge) (JM) [Entry date 07/10/95] 394 7/10/95 MINUTES: before Judge Ronald M. Whyte ; status hearing held, pre-trial conference will be held 1:30 11/9/95 for Kevin L. Poulsen ; Jury trial set for 1:30 11/13/95 for Kevin L. Poulsen ; before Judge Ronald M. Whyte ( C/R: Lee-Anne Shortridge) (JM) [Entry date 07/31/95] 395 11/9/95 PLEA Agreement as to Kevin L. Poulsen (dhm) [Entry date 11/17/95] 396 11/9/95 MINUTES: before Judge Ronald M. Whyte Kevin L. Poulsen enters guilty plea; Kevin L. Poulsen (1) counts 1ss, 2ss, 3ss, 6ss, 7ss, 15ss, 16ss, sentencing hearing will be at 9:00 1/29/96 for Kevin L. Poulsen before Judge Ronald M. Whyte. Dft remains detained . ( C/R: Lee-Anne Shortridge) (dhm) [Entry date 11/20/95] 397 1/3/96 ORDER by Judge Ronald M. Whyte re: presentence report, sentencing set for 9:00 1/29/96 for Kevin L. Poulsen ; before Judge Ronald M. Whyte (dhm) [Entry date 01/10/96] 398 1/26/96 MOTION before Judge Ronald M. Whyte to reschedule sentencing date by USA as to Kevin L. Poulsen (dhm) [Entry date 02/02/96] 399 1/26/96 DECLARATION by AUSA Robert K. Crowe re motion to reschedule sentencing date by USA as to Kevin L. Poulsen [398-1] (dhm) [Entry date 02/02/96] 400 2/2/96 ORDER by Judge Ronald M. Whyte sentencing hearing will be held at 9:00 3/18/96 for Kevin L. Poulsen ; before Judge Ronald M. Whyte (dhm) [Entry date 02/07/96] 401 3/18/96 MINUTES: before Judge Ronald M. Whyte ; sentencing Kevin L. Poulsen (1) count(s) 1ss, 2ss , 3ss , 6ss , 7ss , 15ss , 16ss. 20 months in custody on each count to be served concurrently. Upon release dft to be placed on supervised release for a term of 3 yrs on each count to be served concurrently. Dft to pay a fine of $3,000.Special Assessment $350.00 ( C/R: Lee-Anne Shortridge) (dhm) [Entry date 04/12/96] 402 3/29/96 JUDGMENT and Commitment issued as to Kevin L. Poulsen Judge Ronald M. Whyte (cc: all counsel) ( Date Entered: 04/12/96) (dhm) [Entry date 04/12/96] 403 5/3/96 MOTION before Judge Ronald M. Whyte to dismiss indictment by USA as to Mark K. Lottor (dhm) [Entry date 05/22/96] 404 5/3/96 DECLARATION by AUSA Crowe on behalf of Plaintiff USA re motion to dismiss indictment by USA as to Mark K. Lottor [403-1] (dhm) [Entry date 05/22/96] 405 5/8/96 ORDER by Judge Ronald M. Whyte granting motion to dismiss indictment by USA as to Mark K. Lottor [403-1] dismissing counts Mark K. Lottor (3) counts 1ss, 1 , 1s , 2ss , 2 , 2s -3s , 3ss , 3 , 4ss , 4s , 8s . Govt's motion to indictment as to dft Mark Lottor granted, , Bail is exonerated, terminating case (dhm) [Entry date 05/22/96] 406 9/25/96 SATISFACTION OF JUDGMENT re judgment [402-1] as to Robert E. Gilligan (dhm) [Entry date 10/01/96] Complaints for ** Case: 5:89cr20123 USA v. Poulsen, et al ** Complaint Disposition of Complaint KEVIN L. POULSEN (1) defendant Pending Counts: 18:371 CONSPIRACY 20 months in custody on each (1ss) count to be served concurrently. Upon release dft to be placed on supervised release for a term of 3 yrs on each count to be served concurrently. Dft to pay a fine of $3,000. (1ss) 18:1029(a)(3) FRAUD & RELATED 20 months in custody on each ACTIVITY IN CONNECTION WITH count to be served ACCESS DEVICES concurrently. Upon release dft (2ss) to be placed on supervised release for a term of 3 yrs on each count to be served concurrently. Dft to pay a fine of $3,000. (2ss) 18:1029(b)(2) CONSPIRACY TO 20 months in custody on each POSSESS FIFTEEN OR MORE count to be served COUNTERFEIT, UNAUTHORIZED & concurrently. Upon release dft STOLEN ACCESS DEVICES to be placed on supervised (3ss) release for a term of 3 yrs on each count to be served concurrently. Dft to pay a fine of $3,000. (3ss) 42:408(g)(2) FRAUDULENT USE OF 20 months in custody on each A SOCIAL SECURITY NUMBER count to be served (6ss) concurrently. Upon release dft to be placed on supervised release for a term of 3 yrs on each count to be served concurrently. Dft to pay a fine of $3,000. (6ss) 18:1342 USING FICTITIOUS NAME 20 months in custody on each IN CONNECTION WITH THE MAILS count to be served (7ss) concurrently. Upon release dft to be placed on supervised release for a term of 3 yrs on each count to be served concurrently. Dft to pay a fine of $3,000. (7ss) 18:1030(a)(4) FRAUD & RELATED 20 months in custody on each ACTIVITY IN CONNECTION WITH count to be served COMPUTERS concurrently. Upon release dft (15ss) to be placed on supervised release for a term of 3 yrs on each count to be served concurrently. Dft to pay a fine of $3,000. (15ss) 18:1030(a)(4) FRAUD & RELATED 20 months in custody on each ACTIVITY IN CONNECTION WITH count to be served COMPUTERS concurrently. Upon release dft (16ss) to be placed on supervised release for a term of 3 yrs on each count to be served concurrently. Dft to pay a fine of $3,000. (16ss) Offense Level (opening): 4 Terminated Counts: 18:371 WIRE INTERCEPTION Remaining counts dismissed on (1s) Govt's motion (1s) 18:371 CONSPIRACY Remaining counts dismissed on (1) Govt's motion (1) 18:1029 CREDIT CARD FRAUD Remaining counts dismissed on (2s - 3s) Govt's motion (2s - 3s) 18:1029(a)(3),(b)(2) FRAUD AND Remaining counts dismissed on RELATED ACTIVITY IN Govt's motion CONNECTION WITH ACCESS DEVICES (2) (2) 18:2512 POSSESSION ORAL, Remaining counts dismissed on ELECTRONIC WIRE COMMUNICATION Govt's motion INTERCEPTING DEVICES (3) (3) 18:2512 WIRE INTERCEPTION Remaining counts dismissed on (4s) Govt's motion (4s) 18:2512 POSSESSION OF WIRE, Remaining counts dismissed on ORAL, OR ELECTRONIC Govt's motion COMMUNICATION INTERCEPTING (4ss) DEVICE (4ss) 18:1029 CREDIT CARD FRAUD Remaining counts dismissed on (5s) Govt's motion (5s) 18:1029(a)(2) FRAUD & RELATED Remaining counts dismissed on ACTIVITY IN CONNECTION WITH Govt's motion ACCESS DEVICES (5ss) (5ss) 42:408 SOCIAL SECURITY Remaining counts dismissed on (6s) Govt's motion (6s) 18:1029(a)(2), (b)(2) FRAUD Remaining counts dismissed on AND RELATED ACTIVITY IN Govt's motion CONNECTION WITH ACCESS DEVICES (6) (6) 18:1342 POSTAL, INTERSTATE Remaining counts dismissed on WIRE, RADIO, ETC. Govt's motion (7s) (7s) 42:408(g)(2) FALSE Remaining counts dismissed on REPRESENTATIONS CONCERNING A Govt's motion SOCIAL SECURITY ACCOUNT (7) NUMBER (7) 18:2511 WIRE INTERCEPTION Remaining counts dismissed on (8s - 9s) Govt's motion (8s - 9s) 18:1342 FICTITIOUS NAME OR Remaining counts dismissed on ADDRESS Govt's motion (8) (8) 18:2511(1)(b) UNLAWFUL Remaining counts dismissed on INTERCEPTION OF WIRE, ORAL OR Govt's motion ELECTRONIC COMMUNICATIONS (8ss) (8ss) 18:2511(1)(b) INTERCEPTION OF Remaining counts dismissed on WIRE, ORAL, OR ELECTRONIC Govt's motion COMMUNICATIONS (9) (9) 18:2511(1)(a) UNLAWFUL Remaining counts dismissed on INTERCEPTION OF WIRE, ORAL OR Govt's motion ELECTRONIC COMMUNICATIONS (9ss) (9ss) 42:408 SOCIAL SECURITY Remaining counts dismissed on (10s) Govt's motion (10s) 18:2511(1)(a) INTERCEPTION OF Remaining counts dismissed on WIRE, ORAL, OR ELECTRONIC Govt's motion COMMUNICATIONS (10) (10) 42:408(g)(2) FRAUDULENT USE OF Remaining counts dismissed on A SOCIAL SECURITY NUMBER Govt's motion (10ss) (10ss) 18:1342 POSTAL, INTERSTATE Remaining counts dismissed on WIRE, RADIO, ETC. Govt's motion (11s) (11s) 42:408(g)(2) FALSE Remaining counts dismissed on REPRESENTATIONS CONCERNING A Govt's motion SOCIAL SECURITY ACCOUNT (11) NUMBER (11) 18:1342 USING FICTITIOUS NAME Remaining counts dismissed on IN CONNECTION WITH THE MAILS Govt's motion (11ss) (11ss) 18:793 ESPIONAGE Remaining counts dismissed on (12s) Govt's motion (12s) 18:1342 FICTITIOUS NAME OR Remaining counts dismissed on ADDRESS Govt's motion (12) (12) 18:793(e) GATHERING OF DEFENSE Remaining counts dismissed on INFORMATION Govt's motion (12ss) (12ss) 18:2511 WIRE INTERCEPTION Remaining counts dismissed on (13s - 14s) Govt's motion (13s - 14s) 18:1030(a)(3) FRAUD AND Remaining counts dismissed on RELATED ACTIVITY IN CONNECTION Govt's motion WITH COMPUTERS (13) (13) 18:2511(1)(a) UNLAWFUL Remaining counts dismissed on INTERCEPTION OF WIRE, ORAL OR Govt's motion ELECTRONIC COMMUNICATIONS (13ss) (13ss) 18:1030(a)(6) FRAUD AND Remaining counts dismissed on RELATED ACTIVITY IN CONNECTION Govt's motion WITH COMPUTERS (14) (14) 18:1029(a)(3) FRAUD & RELATED Remaining counts dismissed on ACTIVITY IN CONNECTION WITH Govt's motion ACCESS DEVICES (14ss) (14ss) 18:641 EMBEZZLEMENT AND THEFT Remaining counts dismissed on OF PUBLIC PROPERTY OR RECORDS Govt's motion (15) (15) 18:2511(1)(a) INTERCEPTION OF Remaining counts dismissed on WIRE, ORAL, OR ELECTRONIC Govt's motion COMMUNICATIONS (16 - 17) (16 - 17) 18:641 EMBEZZLEMENT AND THEFT Remaining counts dismissed on OF PUBLIC PROPERTY OR RECORDS Govt's motion (18) (18) 18:1029(a)(4), (b)(2) FRAUD Remaining counts dismissed on AND RELATED ACTIVITY IN Govt's motion CONNECTION WITH ACCESS DEVICES (19) (19) Offense Level (disposition): 4 Complaints: NONE MARK K. LOTTOR (3) defendant Pending Counts: NONE Terminated Counts: 18:371 WIRE INTERCEPTION Govt's motion to dismiss (1s) indictment as to dft Mark Lottor granted (1s) 18:371 CONSPIRACY Govt's motion to dismiss (1) indictment as to dft Mark Lottor granted (1) 18:371 CONSPIRACY Govt's motion to dismiss (1ss) indictment as to dft Mark Lottor granted (1ss) 18:1029 CREDIT CARD FRAUD Govt's motion to dismiss (2s - 3s) indictment as to dft Mark Lottor granted (2s - 3s) 18:1029(a)(3), (b)(2) FRAUD Govt's motion to dismiss AND RELATED ACTIVITY IN indictment as to dft Mark CONNECTION WITH ACCESS DEVICES Lottor granted (2) (2) 18:1029(a)(3) FRAUD & RELATED Govt's motion to dismiss ACTIVITY IN CONNECTION WITH indictment as to dft Mark ACCESS DEVICES Lottor granted (2ss) (2ss) 18:2512 POSSESSION ORAL, Govt's motion to dismiss ELECTRONIC WIRE COMMUNICATION indictment as to dft Mark INTERCEPTING DEVICES Lottor granted (3) (3) 18:1029(b)(2) CONSPIRACY TO Govt's motion to dismiss POSSESS FIFTEEN OR MORE indictment as to dft Mark COUNTERFEIT, UNAUTHORIZED & Lottor granted STOLEN ACCESS DEVICES (3ss) (3ss) 18:2512 WIRE INTERCEPTION Govt's motion to dismiss (4s) indictment as to dft Mark Lottor granted (4s) 18:2512 POSSESSION OF WIRE, Govt's motion to dismiss ORAL, OR ELECTRONIC indictment as to dft Mark COMMUNICATION INTERCEPTING Lottor granted DEVICE (4ss) (4ss) 18:2511 WIRE INTERCEPTION Govt's motion to dismiss (8s) indictment as to dft Mark Lottor granted (8s) 18:2511(1)(b) UNLAWFUL Govt's motion to dismiss INTERCEPTION OF WIRE, ORAL OR indictment as to dft Mark ELECTRONIC COMMUNICATIONS Lottor granted (8ss) (8ss) 18:2511(1)(b) INTERCEPTION OF Govt's motion to dismiss WIRE, ORAL, OR ELECTRONIC indictment as to dft Mark COMMUNICATIONS Lottor granted (9) (9) 18:1029(a)(4), (b)(2) FRAUD Govt's motion to dismiss AND RELATED ACTIVITY IN indictment as to dft Mark CONNECTION WITH ACCESS DEVICES Lottor granted (19) (19) Offense Level (disposition): 4 Complaints: NONE