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United States V. Brandon Bourret & Athanasios Andrianakis (a/k/a Photobucket Case)

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Docket as of 11/25/2016

U.S. District Court
District of Colorado (Denver)
CRIMINAL DOCKET FOR CASE #: 1:15-cr-00203-WYD All Defendants


Case title: USA v. Bourret et al

Date Filed: 05/06/2015
Date Terminated: 11/23/2016

Assigned to: Judge Wiley Y. Daniel
Appeals court case number: 16-1459 USCA

Defendant (1)
Brandon Bourret
TERMINATED: 11/23/2016
represented by Edward Robin Harris
Office of the Federal Public Defender
633 Seventeenth Street
Suite 1000
Denver, CO 80202
303-294-7002
Fax: 303-294-1192
Email: Edward_Harris@fd.org
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Pending Counts
 
Disposition
18:371.F CONSPIRACY
(1)
  Defendant sentencing to 29 months imcarceration. 3 years supervised release. $100.00 special assessment fee. $97,000.00 restitution.

Highest Offense Level (Opening)
Felony

Terminated Counts
 
Disposition
18:1030A.F COMPUTER FRAUD, AID AND ABET
(2)
  Dismissed.
18:1029A.F ACCESS DEVICE FRAUD, AID AND ABET
(3-4)
  Dismissed.

Highest Offense Level (Terminated)
Felony

Complaints
 
Disposition
None

Assigned to: Judge Wiley Y. Daniel

Defendant (2)
Athanasios Andrianakis
TERMINATED: 09/15/2016
represented by Dean Steven Neuwirth
Dean Neuwirth, P.C.
950 South Cherry Street
#300
Denver, CO 80246
303-329-9222
Fax: 303-333-7127
Email: dean.neuwirth@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Eric H. MacMichael
Keker & Van Nest, LLP
633 Battery Street
San Francisco, CA 94111-1809
415-391-5400
Fax: 415-397-7188
Email: EMacMichael@kvn.com
ATTORNEY TO BE NOTICED

Patrick J. Burke
Patrick J. Burke, P.C.
303 16th Street
Suite 200
Denver, CO 80202
303-825-3050
Fax: 303-825-2992
Email: Patrick-J-Burke@msn.com
ATTORNEY TO BE NOTICED

Pending Counts
 
Disposition
18:371.F CONSPIRACY
(1)
  Defendant sentenced to probation for a term of 3 years. $100.00 special assessment fee. $100,000.00 restitution.

Highest Offense Level (Opening)
Felony

Terminated Counts
 
Disposition
18:1030A.F COMPUTER FRAUD, AID AND ABET
(2)
  Dismissed.
18:1029A.F ACCESS DEVICE FRAUD, AID AND ABET
(3-4)
  Dismissed.

Highest Offense Level (Terminated)
Felony

Complaints
 
Disposition
None


Plaintiff
USA represented by David Alan Tonini
U.S. Attorney's Office-Denver
1225 17th Street
Suite 700
Denver, CO 80202
303-454-0100
Fax: 303-454-0403
Email: David.Tonini@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Federal Agency Attorney

Tonya Shotwell Andrews
U.S. Attorney's Office-Denver
1225 17th Street
Suite 700
Denver, CO 80202
303-454-0100
Fax: 303-454-0402
Email: Tonya.Andrews@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Federal Agency Attorney

 

Date Filed # Docket Text
05/06/2015 1  INDICTMENT as to Brandon Bourret (1) count(s) 1, 2, 3-4, Athanasios Andrianakis (2) count(s) 1, 2, 3-4. (Attachments: # 1 Criminal Information Sheet Brandon Bourret, # 2 Criminal Information Sheet Athanasios Andrianakis) (evana, ) (Entered: 05/06/2015)
05/06/2015 2  Arrest Warrant Issued in case as to Brandon Bourret. (evana, ) (Entered: 05/06/2015)
05/06/2015 3  Arrest Warrant Issued in case as to Athanasios Andrianakis. (evana, ) (Entered: 05/06/2015)
05/06/2015 4  RESTRICTED DOCUMENT - Level 4 (evana, ) (Entered: 05/06/2015)
05/08/2015 Arrest of Brandon Bourret. Initial Appearance set for 5/8/2015 02:00 PM in Courtroom C205 before Magistrate Judge Nina Y. Wang. (Text Only entry)(morti, ) (Entered: 05/08/2015)
05/08/2015 COURTROOM MINUTES for Initial Appearance as to Brandon Bourret held on 5/8/2015 before Magistrate Judge Nina Y. Wang. Defendant present in custody. Defendant advised. Federal Public Defender appointed. Arraignment, Detention, and Discovery set for 5/13/2015 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Defendant requests release at this time. Government seeks detention. Defendant remanded. (Total time: 7 minutes, Hearing time: 2:35-2:42)

APPEARANCES: David Tonini on behalf of the Government, Seth Junker on behalf of pretrial. FTR: Courtroom C-205. (bsimm, ) Text Only Entry (Entered: 05/08/2015)
05/08/2015 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Brandon Bourret by Magistrate Judge Nina Y. Wang on 5/8/2015. Text Only Entry (bsimm, ) (Entered: 05/08/2015)
05/08/2015 8  CJA 23 Financial Affidavit by Brandon Bourret. (bsimm, ) (Entered: 05/08/2015)
05/08/2015 9  Arrest Warrant Returned Executed on 05/08/15, in case as to Brandon Bourret. (nmarb, ) (Entered: 05/08/2015)
05/11/2015 10  NOTICE OF ATTORNEY APPEARANCE: Edward Robin Harris appearing for Brandon BourretAttorney Edward Robin Harris added to party Brandon Bourret(pty:dft) (Harris, Edward) (Entered: 05/11/2015)
05/13/2015 11  COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Arraignment, Discovery Hearing, and Detention Hearing as to Brandon Bourret held on 5/13/2015. Plea of NOT GUILTY entered by defendant. Defendant present in custody, Discovery memorandum executed, Conditions of bond set and reviewed. The defendant will be released following the 3 day investigation period requested by US Probation to set up monitoring and a bond hearing. Counsel is directed to chambers, IT IS ORDERED that the defendant surrender his passport. (Total time: 21 mins, Hearing time: 10:46-11:09 AM)

APPEARANCES: David Tonnini on behalf of the Government, Edward Harris on behalf of the defendant, Paige Meador on behalf of pretrial. FTR: Courtroom A 501. (mdave, ) Text Only Entry Modified on 5/13/2015 to edit text (mdave, ). (Entered: 05/13/2015)
05/13/2015 12  Discovery Conference Memorandum and ORDER: Estimated Trial Time - 5 or less days as to Brandon Bourret by Magistrate Judge Michael E. Hegarty on 5/13/2015. (mdave, ) (Entered: 05/13/2015)
05/13/2015 13  MINUTE ORDER as to Brandon Bourret, Athanasios Andrianakis Status Conference set for 7/2/2015 10:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel, by Judge Wiley Y. Daniel on 5/13/2015. (evana, ) (Entered: 05/13/2015)
05/13/2015 14  RESTRICTED BAIL REPORT - Level 4: as to Brandon Bourret. (evana, ) (Entered: 05/13/2015)
05/14/2015 15  Utility Setting/Resetting Deadlines/Hearings as to Brandon Bourret: Bond Release Hearing set for 5/15/2015 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Text Only Entry (morti, ) (Entered: 05/14/2015)
05/15/2015 16  Passport Receipt as to Brandon Bourret.Surrender of passport re Bond Conditions; Passport Number 505714038 issued by USA (dbera, ) (Entered: 05/15/2015)
05/15/2015 17  COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Bond Hearing as to Brandon Bourret held on 5/15/2015. Defendant present in custody, Defendant advised of conditions of bond and remanded for processing and release, Conditions of bond set, (Total time: 2 mins, Hearing time: 10:58-11:00 AM)

Angela Ledesma on behalf of pretrial. FTR: Courtroom A 501. (mdave, ) Text Only Entry (Entered: 05/15/2015)
05/15/2015 18  Unsecured Bond Entered as to Brandon Bourret in amount of $10,000.00. (mdave, ) (Entered: 05/15/2015)
05/15/2015 19  ORDER Setting Conditions of Release by Magistrate Judge Michael E. Hegarty on 5/15/2015. (mdave, ) (Entered: 05/15/2015)
05/19/2015 20  Rule 5(c)(3) Documents Received as to Athanasios Andrianakis. (morti, ) (Entered: 05/19/2015)
05/19/2015 21  Utility Setting/Resetting Deadlines/Hearings as to Athanasios Andrianakis: Initial Appearance set for 5/28/2015 10:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, pursuant to 20 . Text Only Entry (morti, ) (Entered: 05/19/2015)
05/20/2015 22  NOTICE OF ATTORNEY APPEARANCE Tonya Shotwell Andrews appearing for USA. Attorney Tonya Shotwell Andrews added to party USA(pty:pla) (Andrews, Tonya) (Entered: 05/20/2015)
05/26/2015 23  MOTION for Leave to Restrict by USA as to Brandon Bourret, Athanasios Andrianakis. (Attachments: # 1 Proposed Order (PDF Only))(Tonini, David) (Entered: 05/26/2015)
05/26/2015 24  RESTRICTED DOCUMENT - Level 1: by USA as to Brandon Bourret, Athanasios Andrianakis (Tonini, David) (Entered: 05/26/2015)
05/26/2015 25  RESTRICTED DOCUMENT - Level 1: by USA as to Brandon Bourret, Athanasios Andrianakis (Attachments: # 1 Proposed Order (PDF Only))(Tonini, David) (Entered: 05/26/2015)
05/27/2015 26  Unopposed MOTION to Exclude 180 Days From The Speedy Trial Act by Brandon Bourret. (Harris, Edward) (Entered: 05/27/2015)
05/28/2015 27  NOTICE OF ATTORNEY APPEARANCE: Patrick J. Burke and Dean Neuwirth appearing for Athanasios AndrianakisAttorney Patrick J. Burke added to party Athanasios Andrianakis(pty:dft) (Burke, Patrick) (Entered: 05/28/2015)
05/28/2015 28  MINUTE ENTRY/ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Arraignment/ Discovery Hearing as to (2) Athanasios Andrianakis held on 5/28/2015. Set for Initial Appearance, which is vacated. Defendant present on bond with counsel. Plea of NOT GUILTY entered by defendant. Discovery memorandum executed. Per defense counsel, Defendant is on bond which was posted in California. Defendant's California bond and all conditions set there are continued. (Total time: 7 minutes, Hearing time: 9:59 - 10:06) APPEARANCES: David A. Tonini on behalf of the Government, Patrick J. Burke on behalf of the defendant, Michele Sinaka on behalf of pretrial. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill) Text Only Entry (Entered: 05/28/2015)
05/28/2015 29  Discovery Conference Memorandum and ORDER: Estimated Trial Time - 5 or less days as to Athanasios Andrianakis, by Magistrate Judge Michael J. Watanabe on 5/28/2015. (emill) (Entered: 05/28/2015)
05/29/2015 30  ORDER granting 23 Motion for Leave to Restrict as to Brandon Bourret (1), Athanasios Andrianakis (2), by Judge Wiley Y. Daniel on 5/29/2015. (evana, ) (Entered: 05/29/2015)
05/29/2015 31  ORDER as to Brandon Bourret, Athanasios Andrianakis, that United States Motion for Alternative Victim Notification ECF No. 25 is GRANTED. by Judge Wiley Y. Daniel on 5/29/2015. (evana, ) (Entered: 05/29/2015)
05/29/2015 32  ORDER Granting 26 Defendants Unopposed Motion to Exclude 180 Days from the Speedy Trial Act as to Brandon Bourret (1). A period of one hundred and eighty (180) days is excluded from the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A)and (B)(ii) and (iv). It is FURTHER ORDERED that the status conference set for July 2, 2015, at 10:00 a.m. is VACATED. It is FURTHER ORDERED that the parties shall file a status report within 120 days of this Order, with proposed deadlines for the filing of motions and responses thereto, by Judge Wiley Y. Daniel on 5/29/2015. (evana, ) (Entered: 05/29/2015)
06/03/2015 33  Unopposed MOTION to Disclose Grand Jury Material to Defendant TO UNRESTRICT DOCUMENTS IN PART, AND FOR A PROTECTIVE ORDER by USA as to Brandon Bourret, Athanasios Andrianakis. (Attachments: # 1 Proposed Order (PDF Only))(Tonini, David) (Entered: 06/03/2015)
06/03/2015 34  ORDER granting 33 Motion to Disclose Grand Jury Material as to Brandon Bourret (1), Athanasios Andrianakis (2) by Judge Wiley Y. Daniel on 6/3/2015. (evana, ) (Entered: 06/03/2015)
07/08/2015 35  MOTION for Order -Defendant's Motion to Refer Case To Magistrate Judge Hegarty For Reconsideration And Modification Of Bond Conditions To Lift Curfew by Brandon Bourret. (Harris, Edward) (Entered: 07/08/2015)
07/09/2015 36  ORDER that Defendants Motion as to Brandon Bourret (1), to Refer Case to Magistrate Judge Hegarty for Reconsideration and Modification of Bond Conditions to Lift Curfew ECF No. 35 is GRANTED. This matter is referred to Magistrate Judge Hegarty for reconsideration of the matter of bond, by Judge Wiley Y. Daniel on 7/9/2015. (evana, ) (Entered: 07/10/2015)
07/28/2015 37  MOTION For Reconsideration And Modification Of Bond Conditions and SUPPLEMENT to 35 by Brandon Bourret (Harris, Edward) (Modified on 7/28/2015 added link to 35 )(evana, ). (Modified on 8/19/2015 edited the title to reflect that this is a Motion and Supplement)(evana, ). (Entered: 07/28/2015)
08/13/2015 38  Unopposed MOTION for Reconsideration and Modification of Bond Conditions by Athanasios Andrianakis. (Burke, Patrick) (Entered: 08/13/2015)
08/13/2015 39  MEMORANDUM regarding 38 Unopposed MOTION for Reconsideration and Modification of Bond Conditions filed by Athanasios Andrianakis. Motion(s) referred to Magistrate Judge Michael J. Watanabe by Judge Wiley Y. Daniel on 8/13/15. Text Only Entry (rkeec) (Entered: 08/13/2015)
08/17/2015 40  MINUTE ORDER Granting 38 Unopposed Motion for Reconsideration and Modification of Bond Conditions as to Athanasios Andrianakis (2), by Judge Wiley Y. Daniel on 8/17/2015. (evana, ) (Entered: 08/19/2015)
08/19/2015 41  MEMORANDUM regarding 37 MOTION for Order filed by Brandon Bourret. Motion(s) referred to Magistrate Judge Michael E. Hegarty. (Pursuant to the Order of 7/9/2015 and Editing the text to reflect that this is a Motion) by Judge Wiley Y. Daniel on 8/19/2015. Text Only Entry (evana, ) (Entered: 08/19/2015)
08/19/2015 42  MINUTE ORDER granting 37 Motion for Reconsideration and Modification of Bond Conditions, as to Brandon Bourret (1) by Magistrate Judge Michael E. Hegarty on 08/19/15. Text Only Entry (nmarb, ) (Entered: 08/19/2015)
09/18/2015 43  Unopposed MOTION For A Further 180 Day Ends of Justice Exclusion Of Time and STATUS REPORT And by Brandon Bourret (Harris, Edward) (Modified on 10/7/2015 edited the title of the text to reflect that it is a Motion)(evana, ). (Entered: 09/18/2015)
09/28/2015 44  STATUS REPORT by USA as to Brandon Bourret, Athanasios Andrianakis (Tonini, David) (Entered: 09/28/2015)
10/07/2015 45  ORDER Granting 43 Defendant Bourrets Unopposed Motion for a Further 180 Day Ends of Justice Exclusion of Timeas to Brandon Bourret (1). it is ORDERED that an additional period of one hundred eighty (180) days is excluded from the Speedy Trial Act deadlines pursuant to 18 U.S.C. § 3161(h) (7)(A) and (B)(ii) and (iv). It is FURTHER ORDERED that the expert witness designation deadline is Tuesday, March 1, 2016, Motions due by 3/22/2016. Responses due by 4/12/2016, by Judge Wiley Y. Daniel on 10/7/2015. (evana, ) (Entered: 10/07/2015)
10/14/2015 46  MOTION for Order -Defendant's Unopposed Motion to Modify Bond Conditions by Brandon Bourret. (Harris, Edward) (Entered: 10/14/2015)
10/14/2015 47  MEMORANDUM regarding 46 MOTION for Order -Defendant's Unopposed Motion to Modify Bond Conditions filed by Brandon Bourret. Motion(s) referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 10/14/15. Text Only Entry (rkeec) (Entered: 10/14/2015)
10/15/2015 48  MINUTE ORDER granting 46 Unopposed Motion to Modify Bond Conditions as to Brandon Bourret (1) by Magistrate Judge Michael E. Hegarty on 10/15/2015. The bond shall be modified to remove the GPS/Electronic Monitoring requirement, with all other conditions remaining in place. (mdave, ) (Entered: 10/16/2015)
01/13/2016 49  NOTICE of Disposition by Brandon Bourret, Athanasios Andrianakis (Harris, Edward) (Entered: 01/13/2016)
01/13/2016 50  MINUTE ORDER as to Brandon Bourret re 49 Notice of Disposition. Accordingly, on or before Wednesday, January 20, 2016, the parties shall contact jointly my Chambers at (303) 844-2170 to obtain a date for a change of plea hearing, by Judge Wiley Y. Daniel on 1/13/2016. (evana, ) (Entered: 01/13/2016)
01/20/2016 51  MINUTE ORDER as to Brandon Bourret, Change of Plea Hearing set for 3/8/2016 02:30 PM in Courtroom A1002 before Judge Wiley Y. Daniel, by Judge Wiley Y. Daniel on 1/20/2016. (evana, ) (Entered: 01/20/2016)
02/25/2016 52  MINUTE ORDER as to Brandon Bourret entered by Judge Wiley Y. Daniel on 2/25/16. Due to a scheduling conflict, the Change of Plea Hearing reset to 3/8/2016 03:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. (rkeec) (Entered: 02/25/2016)
02/29/2016 53  Unopposed MOTION for Extension of Time to File EXPERT DESIGNATIONS, MOTIONS, AND MOTIONS RESPONSES by USA as to Athanasios Andrianakis. (Attachments: # 1 Proposed Order (PDF Only))(Tonini, David) (Entered: 02/29/2016)
02/29/2016 54  Unopposed MOTION to Continue THE CHANGE OF PLEA HEARING by USA as to Brandon Bourret. (Tonini, David) (Entered: 02/29/2016)
03/01/2016 55  Unopposed MOTION to Continue THE CHANGE OF PLEA HEARING by USA as to Brandon Bourret. (Tonini, David) (Entered: 03/01/2016)
03/01/2016 56  NOTICE OF WITHDRAWAL OF FILING re 55 Unopposed MOTION to Continue THE CHANGE OF PLEA HEARING by USA as to Brandon Bourret (Tonini, David) (Entered: 03/01/2016)
03/02/2016 57  ORDER Granting 53 Unopposed Motion for a Thirty-Day Extension of the ExpertDesignation, Motions, and Motions Response Deadlines as to Athanasios Andrianakis (2), Expert witness deadline is extended to Thursday, March 31, 2016. Motions due by 4/21/2016. Responses due by 5/12/2016 by Judge Wiley Y. Daniel on 3/2/2016. (cmira) (Entered: 03/02/2016)
03/02/2016 58  MINUTE ORDER granting 54 Governments Unopposed Motion to Continue the Change of Plea Hearing as to Defendant Brandon Bourret; (1) The Change of Plea Hearing set for Tuesday, March 8, 2016, at 3:00 p.m., isVACATED. Counsel shall jointly contact my chambers at 303-844-2170 not later than Wednesday, March 9, 2016 to reschedule the change of plea hearing. by Judge Wiley Y. Daniel on 3/2/2016. (cmira) (Entered: 03/02/2016)
03/03/2016 59  MINUTE ORDER as to Brandon Bourret, Change of Plea Hearing is RESET for 4/12/2016 03:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel, by Judge Wiley Y. Daniel on 3/3/2016. (evana, ) (Entered: 03/03/2016)
03/30/2016 60  NOTICE of Disposition by Athanasios Andrianakis (Burke, Patrick) (Entered: 03/30/2016)
03/31/2016 61  MINUTE ORDER as to Athanasios Andrianakis re 60 Notice of Disposition, Accordingly, the motions deadlines and any other deadlines related to trial are vacated. The parties are directed to jointly contact my Chambers at (303) 844-2170 by Wednesday, April 6, 2016, to set a change of plea hearing, by Judge Wiley Y. Daniel on 3/31/2016. (evana, ) (Entered: 03/31/2016)
04/08/2016 63  MINUTE ORDER as to Athanasios Andrianakis: Change of Plea Hearing set for 6/2/2016 at 11:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Counsel for the parties shall deliver all change of plea documents separately to Judge Daniels chambers AND to the Probation Department not later than 72 HOURS before the hearing date. If the documents are not timely submitted, the hearing will be vacated. There will be no exceptions to this policy. By Judge Wiley Y. Daniel on 4/8/2016. (cmira) (Entered: 04/08/2016)
04/12/2016 64  Unopposed MOTION for Leave to Restrict by USA as to Brandon Bourret. (Attachments: # 1 Proposed Order (PDF Only))(Tonini, David) (Entered: 04/12/2016)
04/12/2016 65  RESTRICTED DOCUMENT - Level 1: by USA as to Brandon Bourret (Tonini, David) (Entered: 04/12/2016)
04/12/2016 66  BRIEF in Support by Brandon Bourret to 64 Unopposed MOTION for Leave to Restrict (Public Entry for RESTRICTED 65 Document, filed 4/12/2016) TEXT ONLY ENTRY (evana, ) (Entered: 04/12/2016)
04/12/2016 67  ORDER Granting 64 Governments Motion to Restrict Document 65 Restricted Document - Level 1 as to Brandon Bourret (1), by Judge Wiley Y. Daniel on 4/12/2016. (evana, ) (Entered: 04/12/2016)
04/12/2016 68  MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Change of Plea Hearing as to Brandon Bourret held on 4/12/2016. Plea entered by Brandon Bourret (1) Guilty Count 1. Sentencing set for 8/2/2016 10:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Government's Motion to Restrict Document [ECF Doc. No. 64], filed April 12, 2016, is GRANTED. Bond is continued. Court Reporter: Mary George. (rkeec) Modified on 4/13/2016 to include bond is continued (rkeec). (Entered: 04/13/2016)
04/12/2016 69  PLEA AGREEMENT as to Brandon Bourret. (rkeec) (Entered: 04/13/2016)
04/12/2016 70  STATEMENT IN ADVANCE OF PLEA OF GUILTY by Defendant Brandon Bourret. (rkeec) (Entered: 04/13/2016)
04/12/2016 71  RESTRICTED DOCUMENT - Level 1 by USA, Brandon Bourret as to Brandon Bourret. (rkeec) (Entered: 04/13/2016)
04/12/2016 72  MINUTE ORDER confirming Sentencing hearing as to Brandon Bourret for Tuesday, August 2, 2016, at 10:00 a.m., in Courtroom A-1002. Entered by Judge Wiley Y. Daniel on 4/12/16. (rkeec) (Entered: 04/13/2016)
05/20/2016 73  MOTION to Continue Change of Plea Hearing by Athanasios Andrianakis. (Attachments: # 1 Att 1)(Burke, Patrick) (Entered: 05/20/2016)
05/23/2016 74  MINUTE ORDER as to Athanasios Andrianakis Change of Plea Hearing set Thursday, June 2, 2016, at 11:00 a.m. is VACATED and RESET to Wednesday, June 8, 2016, at 11:00 a.m. in Courtroom A1002 before Judge Wiley Y. Daniel. By Judge Wiley Y. Daniel on 5/23/2016. (cmira) (Entered: 05/23/2016)
06/03/2016 75  Joint MOTION to Continue Change of Plea Hearing by Athanasios Andrianakis. (Burke, Patrick) (Entered: 06/03/2016)
06/06/2016 78  MINUTE ORDER Granting 75 Motion to Continue as to Athanasios Andrianakis (2). The Change of Plea Hearing set for Wednesday, June 8, 2016,at 11:00 a.m. is VACATED and RESET to Wednesday, June 15, 2016 at 10:00 a.m. Signed by Judge Wiley Y. Daniel on 6/6/2016. (cmira) (Entered: 06/06/2016)
06/15/2016 79  COURTROOM MINUTES for Change of Plea Hearing as to Athanasios Andrianakis held before Judge Wiley Y. Daniel on 6/15/2016. Defendant pleads guilty to Count 1 of the Indictment and admits to the forfeiture allegation. Sentencing set for 9/8/2016 11:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Bond continued. Court Reporter: Mary George. (ebuch) (Entered: 06/15/2016)
06/15/2016 80  PLEA AGREEMENT as to Athanasios Andrianakis. (ebuch) (Entered: 06/15/2016)
06/15/2016 81  STATEMENT IN ADVANCE OF PLEA OF GUILTY by Defendant Athanasios Andrianakis. (ebuch) (Entered: 06/15/2016)
06/15/2016 82  MINUTE ORDER as to Athanasios Andrianakis confirming sentencing hearing set for 9/8/2016 at 11:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel, by Judge Wiley Y. Daniel on 6/15/2016. (ebuch) (Entered: 06/15/2016)
06/27/2016 83  RESTRICTED PRESENTENCE REPORT first disclosure for attorney review as to Brandon Bourret. (pmcdo) (Entered: 06/27/2016)
06/27/2016 84  Unopposed MOTION to Continue Sentencing by Brandon Bourret. (Harris, Edward) (Entered: 06/27/2016)
06/30/2016 85  MINUTE Defendants Unopposed Motion to Continue Sentencing Hearing filed June 27, 2016 ECF No. 84 is GRANTED. The Sentencing Hearing set on Tuesday, August 2, 2016, at 10:00 a.m. is VACATED and RESET to Tuesday, October 11, 2016, at 10:00 a.m., by Judge Wiley Y. Daniel on 6/30/2016. (evana, ) (Entered: 06/30/2016)
08/03/2016 86  RESTRICTED PRESENTENCE REPORT first disclosure for attorney review as to Athanasios Andrianakis (rsanc) (Entered: 08/03/2016)
08/22/2016 87  Unopposed MOTION for Extension of Time to File objections to the Presentence Report and Sentencing Motions by USA as to Athanasios Andrianakis. (Attachments: # 1 Proposed Order (PDF Only))(Tonini, David) (Entered: 08/22/2016)
08/23/2016 88  MINUTE ORDER Granting 87 The Government's Unopposed Motion for a Three-Day Extension of Time to File Objections to the Presentence Report and Sentencing Motions as to Athanasios Andrianakis (2). The Government's objections to the draft presentence report shall be filed by Thursday, August 25, 2016, and sentencing motions shall be filed by Tuesday, August 30, 2016, by Judge Wiley Y. Daniel on 8/23/2016. (evana, ) (Entered: 08/23/2016)
08/24/2016 89  MOTION to Dismiss Counts TWO, THREE, AND FOUR OF THE INDICTMENT by USA as to Athanasios Andrianakis. (Tonini, David) (Entered: 08/24/2016)
08/24/2016 90  MOTION for Decrease for Acceptance of Responsibility UNDER U.S.S.G. 3E1.1(b) by USA as to Athanasios Andrianakis. (Attachments: # 1 Proposed Order (PDF Only))(Tonini, David) (Entered: 08/24/2016)
08/25/2016 91  RESTRICTED DOCUMENT - Level 2: as to Athanasios Andrianakis. (Burke, Patrick) (Entered: 08/25/2016)
08/25/2016 92  OBJECTION/RESPONSE to Presentence Report 86 by USA as to Athanasios Andrianakis (Tonini, David) (Entered: 08/25/2016)
08/26/2016 93  MOTION for Forfeiture of Property for Preliminary Order of Forfeiture and Personal Money Judgment by USA as to Brandon Bourret. (Attachments: # 1 Proposed Order (PDF Only))(Andrews, Tonya) (Entered: 08/26/2016)
08/26/2016 94  MOTION for Forfeiture of Property for Preliminary Order of Forfeiture and Personal Money Judgment by USA as to Athanasios Andrianakis. (Attachments: # 1 Proposed Order (PDF Only))(Andrews, Tonya) (Entered: 08/26/2016)
08/29/2016 95  Unopposed MOTION for Extension of Time to File Defendant Andrianakis's Sentencing Motion by Athanasios Andrianakis. (Attachments: # 1 Proposed Order (PDF Only))(Burke, Patrick) (Entered: 08/29/2016)
08/29/2016 96  RESTRICTED REVISED PRESENTENCE REPORT as to Athanasios Andrianakis (Attachments: # 1 Exhibit A) (rsanc) (Entered: 08/29/2016)
08/29/2016 97  RESTRICTED ADDENDUM to Presentence Report 96 as to Athanasios Andrianakis (rsanc) (Entered: 08/29/2016)
08/30/2016 98  RESTRICTED SECOND ADDENDUM to Presentence Report 96 , 97 as to Athanasios Andrianakis (Attachments: # 1 Exhibit A) (rsanc) (Entered: 08/30/2016)
08/30/2016 99  MINUTE ORDER Granting 95 Motion for Extension of Time to File Sentencing Motion as to Athanasios Andrianakis (2), Motion due by 9/1/2016. Responses due by 9/6/2016, by Judge Wiley Y. Daniel on 8/30/2016. (evana, ) (Entered: 08/30/2016)
09/01/2016 100  MOTION for Departure Section 3553(A) Sentencing Statement and Motion for Downward Variance by Athanasios Andrianakis. (Attachments: # 1 Attachment 1)(Burke, Patrick) (Entered: 09/01/2016)
09/06/2016 101  NOTICE OF ATTORNEY APPEARANCE: Eric H. MacMichael appearing for Athanasios AndrianakisAttorney Eric H. MacMichael added to party Athanasios Andrianakis(pty:dft) (MacMichael, Eric) (Entered: 09/06/2016)
09/07/2016 102  NOTICE OF STIPULATION REGARDING RESTITUTION by USA as to Athanasios Andrianakis (Attachments: # 1 Exhibit, # 2 Exhibit)(Tonini, David) (Entered: 09/07/2016)
09/08/2016 103  ORDER re 94 the United States' Motion for Preliminary Order of Forfeiture and Personal Money Judgment pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure, as to Athanasios Andrianakis (2). THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED: THAT defendant's interest in the following: a. 13 Macbook Pro, s/n C02K699BFFRP; Western Digital My Passport external hard drive, s/n WX91A92N3894; and a Money Judgment in the amount of $14,926.22, is forfeited to the United States in accordance with 18 U.S.C. §§ 982(a)(2) (B) and 1030(i) and (j). THAT pursuant to Federal Rule of Criminal Procedure 32.2(b)(4), this Preliminary Order of Forfeiture and Personal Money Judgment shall become final as to the defendant at the time of sentencing and shall be made part of the sentence and included in the judgment, by Judge Wiley Y. Daniel on 9/8/2016. (evana, ) (Entered: 09/08/2016)
09/08/2016 104  ORDER granting 90 Motion for Decrease for Acceptance of Responsibility as to Athanasios Andrianakis (2) entered by Judge Wiley Y. Daniel on 9/8/16. (rkeec) (Entered: 09/09/2016)
09/08/2016 105  ORDER granting 89 Motion to Dismiss Counts as to Athanasios Andrianakis (2) entered by Judge Wiley Y. Daniel on 9/8/16. (rkeec) (Entered: 09/09/2016)
09/08/2016 106  MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Sentencing held on 9/8/2016 as to defendant Athanasios Andrianakis. Granting 100 Motion for Departure as to Athanasios Andrianakis (2). Granting 90 Governments Motion Under U.S.S.G. 3E1.1(b) for 1 Level Reduction in Defendant Andrianakiss Offense Level for Acceptance of Responsibility. Granting 89 Governments Motion to Dismiss Counts Two, Three, and Four of the Indictment Against Defendant Athanasios Andrianakis. Counsel shall provide a written form of order that fully reflects the details contained in the 102 Notice of Stipulation Regarding Restitution, filed September 7, 2016, not later than September 30, 2016. Defendant sentenced as reflected on the record. Bond is exonerated. Court Reporter: Tammy Hoffschildt. (rkeec) (Entered: 09/09/2016)
09/15/2016 107  JUDGMENT as to defendant Athanasios Andrianakis (2), Count(s) 1, Defendant sentenced to probation for a term of 3 years. $100.00 special assessment fee.; Count(s) 2, 3-4, Dismissed. Entered by Judge Wiley Y. Daniel on 9/15/16. (rkeec) (Entered: 09/15/2016)
09/15/2016 108  STATEMENT OF REASONS as to Athanasios Andrianakis. (rkeec) (Entered: 09/15/2016)
09/22/2016 109  MOTION for Non-Guideline Sentence of Probation and/or Downward Departure from the Advisory Sentencing Guidelines to Probation by Brandon Bourret. (Harris, Edward) (Entered: 09/22/2016)
09/29/2016 110  RESTRICTED REVISED PRESENTENCE REPORT as to Brandon Bourret (Attachments: # 1 Exhibit A, # 2 Exhibit B) (rsanc) (Entered: 09/29/2016)
09/29/2016 111  RESTRICTED ADDENDUM to Presentence Report 110 as to Brandon Bourret (rsanc) (Entered: 09/29/2016)
10/04/2016 112  MOTION to Dismiss Counts TWO, THREE, AND FOUR OF THE INDICTMENT by USA as to Brandon Bourret. (Tonini, David) (Entered: 10/04/2016)
10/04/2016 113  MOTION for Decrease for Acceptance of Responsibility by USA as to Brandon Bourret. (Tonini, David) (Entered: 10/04/2016)
10/05/2016 114  MINUTE ORDER as to Brandon Bourret, The Sentencing Hearing set Tuesday, October 11, 2016, is MOVED from 10:00 a.m. to 11:30 a.m., by Judge Wiley Y. Daniel on 10/5/2016. (evana, ) (Entered: 10/05/2016)
10/05/2016 115  RESPONSE in Opposition by USA as to Brandon Bourret re 109 MOTION for Non-Guideline Sentence of Probation and/or Downward Departure from the Advisory Sentencing Guidelines to Probation (Tonini, David) (Entered: 10/05/2016)
10/05/2016 116  Unopposed MOTION for Extension of Time to File Response/Reply as to 109 MOTION for Non-Guideline Sentence of Probation and/or Downward Departure from the Advisory Sentencing Guidelines to Probation by USA as to Brandon Bourret. (Tonini, David) (Entered: 10/05/2016)
10/06/2016 117  MINUTE ORDER Granting 116 The United States' Unopposed Motion for Leave to File Sentencing Response One Day Out of Time as to Brandon Bourret (1). The United States' Response in opposition to Defendants sentencing motion ECF No. 115 ) is accepted for filing, by Judge Wiley Y. Daniel on 10/6/2016. (evana, ) (Entered: 10/06/2016)
10/06/2016 118  MINUTE ORDER as to Brandon Bourret, The Sentencing Hearing set on Tuesday, October 11, 2016, at 11:30 a.m. is VACATED and RESET to Tuesday, November 1, 2016, at 10:00 a.m., by Judge Wiley Y. Daniel on 10/6/2016. (evana, ) (Entered: 10/06/2016)
10/07/2016 119  RESTRICTED SECOND ADDENDUM to Presentence Report 111 , 110 as to Brandon Bourret (Attachments: # 1 Exhibit A) (rsanc) (Entered: 10/07/2016)
10/20/2016 120  MOTION for Order of Restitution by USA as to Athanasios Andrianakis. (Attachments: # 1 Proposed Order (PDF Only))(Tonini, David) (Entered: 10/20/2016)
10/28/2016 121  STATEMENT Consent Agreement Regarding Restitution to Identified Individual Victims by Defendant Brandon Bourret (Harris, Edward) (Entered: 10/28/2016)
10/31/2016 122  Joint MOTION for Order of Restitution by USA as to Brandon Bourret. (Attachments: # 1 Proposed Order (PDF Only))(Tonini, David) (Entered: 10/31/2016)
11/01/2016 123  ORDER granting 122 Motion for Order as to Brandon Bourret (1) entered by Judge Wiley Y. Daniel on 11/1/16. (rkeec) (Entered: 11/01/2016)
11/01/2016 124  ORDER granting 120 Motion for Order as to Athanasios Andrianakis (2) entered by Judge Wiley Y. Daniel on 11/1/16. (rkeec) (Entered: 11/01/2016)
11/01/2016 125  PRELIMINARY ORDER OF FORFEITURE AND PERSONAL MONEY JUDGMENT granting 93 Motion for Forfeiture of Property as to Brandon Bourret (1) entered by Judge Wiley Y. Daniel on 11/1/16. (rkeec) (Entered: 11/02/2016)
11/01/2016 126  ORDER granting 113 Motion for Decrease for Acceptance of Responsibility as to Brandon Bourret (1) entered by Judge Wiley Y. Daniel on 11/1/16. (rkeec) (Entered: 11/02/2016)
11/01/2016 127  ORDER granting 112 Motion to Dismiss Counts as to Brandon Bourret (1) entered by Judge Wiley Y. Daniel on 11/1/16. (rkeec) (Entered: 11/02/2016)
11/01/2016 128  MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Sentencing held on 11/1/2016 as to defendant Brandon Bourret. Denying 109 Motion for Non-Guideline Sentence as to Brandon Bourret (1). Granting 113 United States' Motion Under U.S.S.G. 3E1.1(b) for 1-Level Reduction in Defendant Bourret's Offense Level for Acceptance of Responsibility, filed October 4, 2016. Granting 122 Joint Motion for Order of Restitution, filed October 31, 2016. Granting 112 United States' Motion to Dismiss to Dismiss Counts Two, Three, and Four of the Indictment Against Defendant Bourret, filed October 4, 2016. Granting 93 United States Motion for Preliminary Order of Forfeiture and Personal Money Judgment Only as to Defendant Brandon Bourrett, filed August 26, 2016. Granting 120 Joint Motion for Order of Restitution (as to Defendant Athanasios Andrianakis), filed October 20, 2016. Defendant sentenced as reflected on the record. Bond is EXONERATED. Court Reporter: Julie Thomas. (rkeec) (Entered: 11/02/2016)
11/23/2016 129  JUDGMENT as to defendant Brandon Bourret (1), Count(s) 1, Defendant sentencing to 29 months imcarceration. 3 years supervised release. $100.00 special assessment fee. $97,000.00 restitution.; Count(s) 2, 3-4, Dismissed. Entered by Judge Wiley Y. Daniel on 11/23/16. (rkeec) (Entered: 11/23/2016)
11/23/2016 130  STATEMENT OF REASONS as to Brandon Bourret. (rkeec) (Entered: 11/23/2016)
11/23/2016 131  AMENDED JUDGMENT as to defendant Athanasios Andrianakis (2), Count(s) 1, Defendant sentenced to probation for a term of 3 years. $100.00 special assessment fee. $100,000.00 restitution. Count(s) 2, 3-4, Dismissed. Entered by Judge Wiley Y. Daniel on 11/23/16. (rkeec) (Entered: 11/23/2016)
11/23/2016 132  NOTICE OF APPEAL as to 129 Judgment, by Brandon Bourret. (Harris, Edward) (Entered: 11/23/2016)
11/25/2016 133  LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 132 Notice of Appeal as to Brandon Bourret to the U.S. Court of Appeals. ( FPD,) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record) (athom, ) (Entered: 11/25/2016)
11/25/2016 134  USCA Case Number 16-1459 as to Brandon Bourret for 132 Notice of Appeal filed by Brandon Bourret. (athom, ) (Entered: 11/25/2016)

 


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Updated January 5, 2017

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