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FusionPharm Docket

Docket as of 6/25/2018

U.S. District Court
District of Colorado (Denver)
CRIMINAL DOCKET FOR CASE #: 1:16-cr-00301-WJM All Defendants


Case title: USA v. Sears et al

Date Filed: 09/15/2016

 


Assigned to: Judge William J. Martinez

Defendant (1)
William J. Sears represented by Fredric Michael Winocur
Ridley McGreevy & Winocur, P.C.
303 16th Street
Suite 200
Denver, CO 80202
303-629-9700
Fax: 303-629-9702
Email: winocur@ridleylaw.com
TERMINATED: 02/14/2018
Designation: Retained

Marci Gilligan LaBranche
Ridley McGreevy & Winocur, P.C.
303 16th Street
Suite 200
Denver, CO 80202
303-629-9700
Fax: 303-629-9702
Email: labranche@ridleylaw.com
TERMINATED: 02/14/2018
Designation: Retained

Peter R. Bornstein
Peter R. Bornstein, Law Offices of
6060 Greenwood Plaza Boulevard
Suite 500
Greenwood Village, CO 80111
720-354-4440
Fax: 720-287-5674
Email: pbornstein@prblegal.com
ATTORNEY TO BE NOTICED

Pending Counts
 
Disposition
18:371.F Conspiracy to Defraud the United States and Commit Offenses
(1)
   
26:7206B.F Filing False Income Tax Return
(2)
   

Highest Offense Level (Opening)
Felony

Terminated Counts
 
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
 
Disposition
None

Assigned to: Judge William J. Martinez

Defendant (2)
Scott M. Dittman represented by Andres Rene Guevara
Andres R. Guevara, Law Office of
2806 N. Speer Boulevard
Denver, CO 80211
720-379-8262
Fax: 720-699-9170
Email: andres@guevaracoloradolaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Alaurice Marie Tafoya-Modi
Alaurice Tafoya-Modi, The Law Office of
1775 Sherman Street
#1650
Denver, CO 80203
303-813-1100
Fax: 303-832-4552
Email: alauricetafoya@yahoo.com
TERMINATED: 11/15/2016
Designation: Retained

Marci Gilligan LaBranche
Ridley McGreevy & Winocur, P.C.-Denver
303 16th Street
Suite 200
Denver, CO 80202
303-629-9700
Fax: 303-629-9702
Email: labranche@ridleylaw.com
ATTORNEY TO BE NOTICED

Matthew Kyle Belcher
Office of the Federal Public Defender-Denver
633 Seventeenth Street
Suite 1000
Denver, CO 80202
303-294-7002
Fax: 303-294-1192
Email: Matthew_Belcher@fd.org
TERMINATED: 11/08/2016
Designation: Public Defender or Community Defender Appointment

Philip L. Dubois
Philip L. Dubois, P.C.
411 South Cascade Avenue
2nd Floor
Colorado Springs, CO 80903-3809
719-635-4848
Fax: 719-635-2222
Email: dubois@dubois.com
ATTORNEY TO BE NOTICED

William Lewis Taylor
Sideman and Bancroft, LLP-Denver
1999 Broadway
31st Floor
Denver, CO 80202
303-640-2318
Fax: 415-392-0827
Email: wtaylor@sideman.com
TERMINATED: 11/04/2016
Designation: Retained

Pending Counts
 
Disposition
18:371.F Conspiracy to Defraud the United States and Commit Offenses
(1)
   

Highest Offense Level (Opening)
Felony

Terminated Counts
 
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
 
Disposition
None


Plaintiff
USA represented by Kenneth (Former AUSA) Harmon
U.S. Attorney's Office-Denver
1801 California Street
Suite 1600
Denver, CO 80202
303-454-0100
Fax: 454-0402
Email: USACO.ECFCriminal@usdoj.gov
TERMINATED: 12/27/2017
LEAD ATTORNEY
Designation: Federal Agency Attorney

Tonya Shotwell Andrews
U.S. Attorney's Office-Denver
1801 California Street
Suite 1600
Denver, CO 80202
303-454-0100
Fax: 303-454-0402
Email: Tonya.Andrews@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Federal Agency Attorney

Jeremy S. Sibert
U.S. Attorney's Office-Denver
1801 California Street
Suite 1600
Denver, CO 80202
303-454-0100
Fax: 303-454-0461
Email: Jeremy.Sibert@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Federal Agency Attorney

 

Date Filed # Docket Text
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 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. Sears Attorney 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)

 


 

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