Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 1 of 15 CLOSED_2003, PRIOR U.S. DISTRICT COURT U.S. District Court, Western District of New York (Buffalo) CRIMINAL DOCKET FOR CASE #: 1:02-cr-00214-WMS-HKS-3 Case title: USA v. Goba Magistrate judge case number: 1:02-mj-00107 Date Filed: 10/21/2002 Date Terminated: 12/09/2003 Assigned to: Hon. William M. Skretny Referred to: Hon. H. Kenneth Schroeder, Jr Defendant (3) Shafal Mosed TERMINATED: 12/22/2003 represented by Patrick J. Brown LoTempio &Brown 181 Franklin Street Buffalo, NY 14202 (716) 855-3761 Fax: 716-855-3437 Email: pbrown@lotempioandbrown.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Sean Dennis Hill Six North Pearl Street Buffalo, NY 14202 716-882-8200 Fax: 716-884-4455 Email: hill@hillaw.com TERMINATED: 01/27/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts 18:2339A.F PROVIDING MATERIAL SUPPORT TO TERRORISTS (2) Disposition Sentencing held on 12/9/2003 for Shafel Mosed (3) on Count 2 of the Indictment. Presentence report to be sealed - will be made available to counsel for appeal purposes only. The probation department's recommendation section which is a part of said presentence report will be kept under separate seal and will not be accessible to counsel. Court grants Government's Motion for a downward departure. Total Offense Level: 23. Criminal History Category: VI. The Defendant is sentenced to the custody of the Bureau of Prisons for a term of 96 months. Upon release from imprisonment, Defendant shall be placed on supervised release for a term of 3 years. While on supervised release the Defendant shall abide by the following conditions: Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district to which he is released. The defendant shall comply with the standard conditions of supervised release. Said conditions to be gone over with the defendant in detail by the Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 2 of 15 probation office. The defendant shall not commit any crimes, federal, state or local. The defendant is prohibited from possessing and using a firearm, ammunition or other dangerous device. Mandatory drug testing waived. The defendant shall seek,obtain and maintain gainful employment. The defendant shall submit to a search of his person, property, vehicle, place of residence at the request of his supervision officer. Cost of incarceration is waived. The defendant shall provide the U.S. Probation Office with access to any requested personal and/or business financial information. The U.S. Probation office is authorized to release presentence and post sentence financial information submitted by him to the U.S. Attorney's Office for use in its collection and other related activities. The defendant shall not possess or use controlled substances. The defendant shall notify the U.S. Probation Department of any assets received and shall not disburse his interest in any assets, including, but not limited to, income tax refunds, inheritance, insurance and lawsuit settlements or gambling winnings without the approval of the U.S. Probation Department. The defendant shall not incur any form of debt including, but not limited to, use of existing credit cards, new credit cards, lines of credit, mortgages or private loans without the approval of the U.S. Probation office. The defendant shall maintain full compliance with all of the terms and conditions of the plea agreement, including the agreement regarding his continued cooperation with the government, as well as the agreement regarding the assignment to the United States of any profits or proceeds arising from publicity. The defendant shall pay a mandatory assessment of $100. Payment can be made through the inmate responsibility program. The Court recommends to the BOP that defendant not be designated to the maximum administrative facility at Florence, Colorado. The Court also recommends to the BOP that the defendant be designated consistent with BOP policy to a secure facility nearest to the WDNY as possible. The Court imposes sentence as stated. The government moves for dismissal of Count I of the indictment. Court grants same. The Court directs preparation of the judgment of conviction. The defendant is remanded. For the govt. - William Hochul. For the deft. - Patrick Brown. For prob. - Colleen Rahill Beuler. Highest Offense Level (Opening) Felony Terminated Counts 18:2339A.F PROVIDING MATERIAL SUPPORT TO TERRORISTS (1) Highest Offense Level (Terminated) Felony Disposition Dismissed. Case: 1:02-cr-00214-WMS-HKS Complaints Conspiracy to provide and attempt to provide material support and resources to a freign terrorist organization; 187:2339B and 2. [ 1:02-m -107 ] As of: 07/12/2011 08:10 PM EDT Disposition 3 of 15 Dismissed. Plaintiff USA represented by Timothy C. Lynch U.S. Attorney's Office Federal Centre 138 Delaware Avenue Buffalo, NY 14202 716-843-5846 Fax: 716-551-3052 Email: timothy.lynch@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin J. Littlefield U.S. Attorney's Office Federal Centre 138 Delaware Avenue Buffalo, NY 14202 716-843-5829 Fax: 716-551-3052 Email: martin.littlefield@usdoj.gov TERMINATED: 05/04/2004 William J. Hochul , Jr. U.S. Attorney's Office Federal Centre 138 Delaware Avenue Buffalo, NY 14202 716-843-5887 Fax: 716-551-3052 Email: william.hochul@usdoj.gov TERMINATED: 05/21/2010 Date Filed 09/13/2002 09/13/2002 09/14/2002 # Docket Text 1 COMPLAINT as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab [ 1:02-m -107 ] (LP) (Entered: 09/16/2002) ARREST of Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher [ 1:02-m -107 ] (LP) (Entered: 09/16/2002) 2 Initial appearance as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab held ; (Defendants informed of rights.) Defendants request assigned counsel. After conferring with the Federal Public Defender, Assistant Federal Public Defender, Joseph LaTona and James Harrington, all defendants as sworn, examined and found eligible for assigned counsel. Federal Public Defender is assigned to represent defendant Goba. CJA Panel attorney James Harrington is assigned to represent defendant Alwan, but he is ordered to co-pay for counsel in an amount to be determined by the Court at a later date, depending on the circumstances. CJA Panel attorney to be assigned to represent defendant Mosed. CJA Panel attorney to be assigned to represent defendant Taher. CJA Panel attorney Joseph LaTona temporarily assigned to represent defendant Galab until a determination is made as to whether he will be retained. Government moves for pretrial detention of all defendants. Detention hearings scheduled 9/18/02 at 2:30 pm. Defendants remanded. AUSA W. Hochul; FPD William Clauss and AFPD J. Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 4 of 15 Mistrett with defendant Goba; James Harrington with defendant Alwan; defendant Mosed pro se; defendant Taher pro se; Joseph LaTona with defendant Galab. (HKS) [ 1:02-m -107 ] (LP) (Entered: 09/17/2002) 09/18/2002 09/18/2002 4 MOTION by Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab to Dismiss [ 1:02-m -107 ] (LP) (Entered: 09/19/2002) 5 MEMORANDUM by Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab in opposition to the goverment's detention motion [ 1:02-m -107 ] (LP) (Entered: 09/19/2002) 6 Detention hearing as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab held. Government proceeds by proffer. Proceedings adjourned to 9/19/02 at 2:30 pm. AUSA W. Hochul; FD William Clauss with defendant Goba; James Harrington with defendant Alwan; Patrick Brown with defendant Mosed; Rodney ersonius with defendant Taher; Loseh LaTona with defendant Galab, USPO Z. Piotrowicz, A. Serotte. (HKS) [ 1:02-m -107 ] (LP) Modified on 09/19/2002 (Entered: 09/19/2002) 7 SUPPLEMENTAL MEMORANDUM in opposition to detention motion by Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab in opposition to [ 1:02-m -107 ] (LP) (Entered: 09/20/2002) 8 PROTECTIVE ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, William J. Hochul Jr. [ 1:02-m -107 ] (LP) (Entered: 09/20/2002) 9 Detention hearing cont'd as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab. CNN by its attorney Allison Stravino moves to have the government provide its exhibits which were shown in open court on 9/18/02. Government does not oppose and asks the Court to moves its 9/18/02 exhibits into evidence. Defendants throught attorney James Harrington argues against moving the government's exhibits into evidence. Court rules that government's exhibits will be admitted into evidence after the defendants' presentation. Each defendant by his attorney proceeds by proffer. Defendant Taher's exhibits Taher-1, Taher-2 and Taher-3 moves into evidence. Proceedings adjourned to 9/20/02 at 2:00 PM. AUSA W. Hochul; William Clauss, James Harrington, Patrick Brown, Rodney Personius, Joseph LaTona with defendants. (HKS) [ 1:02-m -107 ] (LP) (Entered: 09/23/2002) Detention hearing as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab set for 2:00 9/20/02 for Yahya Goba, for Sahim Alwan, for Shafal Mosed, for Yasein Taher, for Faysal Galab [ 1:02-m -107 ] (LP) (Entered: 09/23/2002) 10 Minute entry as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab :, Detention hearing continued. Court grants defendants' motion to re-open proof. James Harrington proffered on behalf of all defendants. Rodney Personius proffers on behalf of defendant Taher. William Baue proffered on behalf of defendant Goba. Government offered its rebuttal. Defendants offered sur-rebuttal. Transcript is ordered. Government and defendants are directed to file memoranda of law on or before 9/27/02 at 5:00 pm. Status Conference scheduled for 10/3/02 at 12:00 P.M. The parties agree that the time from 9/13/02 to 10/3/02 shall be excluded for purposes of the time requirements in Rule 5, the Speedy Trial Act and any other staturoy time periods that my be applicable. AUSA W. Hochul; William Clauss, James Harrington, Patrick Brown, Rodney Personius and Joseph LaTona with defendants. (HKS) 12:00 10/3/02 for Yahya Goba, for Sahim Alwan, for Shafal Mosed, for Yasein Taher, for Faysal Galab , and to exclude time Excludable type XE Started on 9/13/02 Stopped on 10/3/02 [ 1:02-m -107 ] (LP) (Entered: 09/23/2002) 11 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, set Status Conference for 12:00 10/3/02 for Yahya Goba, for Sahim Alwan, for Shafal Mosed, for Yasein Taher, for Faysal Galab ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Joseph M. LaTona, Rodney O. 09/18/2002 09/19/2002 09/19/2002 09/19/2002 09/19/2002 09/20/2002 09/23/2002 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 5 of 15 Personius, Patrick J. Brown, James P. Harrington, William Clauss, Timothy C. Lynch, Martin J. Littlefield, William J. Hochul Jr. [ 1:02-m -107 ] (LP) (Entered: 09/23/2002) 09/26/2002 12 TRANSCRIPT of Detention Hearing filed in case as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab for dates of 9/18/02 [ 1:02-m -107 ] (LP) (Entered: 09/26/2002) 13 TRANSCRIPT of Detention Hearing filed in case as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab for dates of 9/19/02 [ 1:02-m -107 ] (LP) (Entered: 09/26/2002) 14 TRANSCRIPT of Detention Hearing filed in case as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab for dates of 9/20/02 [ 1:02-m -107 ] (LP) (Entered: 09/26/2002) 15 MEMORANDUM by Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab in opposition to government's motion for detention. [ 1:02-m -107 ] (LP) (Entered: 09/30/2002) 18 APPLICATION by Shafal Mosed for Release from Detention Pursuant to 18 USC 3142 [ 1:02-m -107 ] (LP) (Entered: 09/30/2002) 21 CERTIFICATE OF SERVICE by Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab Service Re: [20-1] Minute Entry, [19-1] opposition memorandum, [18-1] application, [17-1] Minute Entry, [16-1] affirmation, [15-1] opposition memorandum [ 1:02-m -107 ] (LP) (Entered: 09/30/2002) 22 MOTION FOR PERMISSION TO FILE AN OVERSIZED BRIEF by USA as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab [ 1:02-m -107 ] (LP) (Entered: 09/30/2002) 23 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab granting [22-1] motion as to Yahya Goba (1), Sahim Alwan (2), Shafal Mosed (3), Yasein Taher (4), Faysal Galab (5) ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Timothy C. Lynch, Martin J. Littlefield, William J. Hochul Jr. [ 1:02-m -107 ] (LP) (Entered: 09/30/2002) 24 AFFIDAVIT by USA as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab [ 1:02-m -107 ] (LP) (Entered: 09/30/2002) 25 MEMORANDUM by USA as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab in support of pretrial detention. [ 1:02-m -107 ] (LP) (Entered: 09/30/2002) 27 CJA 20 as to Shafal Mosed : Appointment of Attorney Voucher # 020919000118 ( Signed by USMJ H. K. Schroeder Jr. ) [ 1:02-m -107 ] (LP) (Entered: 09/30/2002) 30 Minute entry as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab : Status conference held. Discussion with respect to the government's additional proffer which was submitted post detention hearing. The detention hearing will be re-opened and defendnts will offer sur-rebuttal on 10/3/02 at 12:00 pm. AUSA W. Hochul and M. Littlefield; Attorneys Clauss, Harrington, Brown, Personius and LaTona and Harrington (for J. Molloy) for defendants; USPO Z. Piotrowicz and A. Serotte. (HKS) [ 1:02-m -107 ] (LP) (Entered: 10/02/2002) 31 AFFIDAVIT by USA as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab [ 1:02-m -107 ] (LP) (Entered: 10/03/2002) 32 AFFIDAVIT by USA as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab [ 1:02-m -107 ] (LP) (Entered: 10/03/2002) 34 Minute entry as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab : Detention hearing continued. Court heard defendants' surrebuttal. Government offered its sur-rebuttal. Defendant Taher's exhibits Taher 4, 4A, 5, 6 and 7 admitted into evidence. A status conference is scheduled 10/8/02 at 2:00 p.m. at which time the Court will render its decision on government's motion for pretrial 09/26/2002 09/26/2002 09/27/2002 09/27/2002 09/27/2002 09/27/2002 09/27/2002 09/27/2002 09/27/2002 09/30/2002 10/01/2002 10/02/2002 10/02/2002 10/03/2002 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 6 of 15 detention of the defendants. Preliminary hearing to be scheduled. AUSA W. Hochul, M. Littlefield, Timothy Lynch. Attorneys Marianne Mariano, James Harrington, Patrick Brown, Rodney Personius, Joseph LaTona and John Molloy with defendants. (HKS) [ 1:02-m -107 ] (LP) (Entered: 10/07/2002) 10/04/2002 10/08/2002 33 LETTER by USA [ 1:02-m -107 ] (LP) (Entered: 10/07/2002) 36 Minute entry as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab :, Status conference held. Court granted government's motion to detain defendant Goba, Mosed, Taher, Galab and alBakri. Court denied government motion to detain defendant Alwan and sets bail in the amount of $600,000 cash or property with pretrial conditions. Court sets Preliminary Examination for 2:00 10/22/02. , and to exclude time Excludable type XE Started on 10/8/02. Defendants remanded. AUSA W. Hochul, M. Littlefield, T. Lynch; Attorneys Marianne Mariano, James Harrington, Patrick Brown, Rodney Personius and Joseph LaTona with defendants. (HKS) Stopped on 10/22/02 [ 1:02-m -107 ] (LP) (Entered: 10/09/2002) 37 ORDER granting government's motion to detain defendants to Yahya Goba, Shafal Mosed, Yasein Taher, Faysal Galab, and denying government's motion to detain Sahim Alwan. ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Timothy C. Lynch, Martin J. Littlefield, William J. Hochul Jr. [ 1:02-m -107 ] (LP) (Entered: 10/09/2002) 39 MOTION by Yahya Goba, Shafal Mosed, Yasein Taher, Faysal Galab for revocation of detention Decision and Order [ 1:02-m -107 ] (LP) (Entered: 10/18/2002) 40 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Timothy C. Lynch, Martin J. Littlefield, William J. Hochul Jr. [ 1:02-m -107 ] (LP) (Entered: 10/18/2002) 41 TRANSCRIPT filed in case as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab for dates of 10/3/02 [ 1:02-m -107 ] (LP) (Entered: 10/18/2002) 42 INDICTMENT as to Yahya Goba (1) count(s) 1, 2, Sahim Alwan (2) count(s) 1, 2, Shafal Mosed (3) count(s) 1, 2, Yasein Taher (4) count(s) 1, 2, Faysal Galab (5) count(s) 1, 2, Mukhtar al-Bakri (6) count(s) 1, 2 (Preliminary Examination cancelled.) (DMS) (Entered: 10/22/2002) 43 Arraignment as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, and Mukhtar al-Bakri held. Defendants pleaded not guilty. The government revewed its motion for detention of defendants Goba, Mosed, Aher, Galab, and al Bakri. The court continued its Decision and Order of October 8, 2002, with respect to all defendants. The court denied as moot defendants' motion to dismiss the complaints in 02-M-107 and 02-M-108. The government will not seek recusal of the Federal Public Defender at this time. A status conference is scheduled for 11/27/02 at 11:00 a.m. Time excluded to 11/27/02 - HKS (DMS) (Entered: 10/24/2002) Deadline updated as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri, set Status Conference for 11:00 11/27/02 (DMS) (Entered: 10/24/2002) 44 ORDER REFERRING CASE to USMJ H. K. Schroeder Jr. as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri: Judge Schroeder is designated to act in this case on all pretrial matters; all procedural aspects of matters properly before the Magistrate Judge under this Order, including the scheduling and filing of briefs or other supporting material, shall be determined by the Magistrate Judge. Those motions or applications shall be made returnable before the Magistrate Judge and filed with the Clerk of the Court. Courtesy copies shall be hand delivered directly to Judge Schroeder's and Judge Skretny's chambers. All motions shall be filed in separate pleading form. No 10/08/2002 10/16/2002 10/17/2002 10/17/2002 10/21/2002 10/22/2002 10/22/2002 10/22/2002 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 7 of 15 omnibus dispositive motions will be accepted. Each dispositive motion shall be separately filed. The defendants are permitted to file joint memoranda of law. Each joint memorandum of law must be signed by all counsel who have joined in the argument. All motions must be filed with the Clerk of the Court and courtesy copies hand delivered directly to Judge Schroeder's and Judge Skretny's chambers. Upon receipt of a dispositive motion, this Court will either issue a scheduling order or issue a referral order to Judge Schroeder pursuant to 28 U.S.C. 636(b)(1)(B). Counsel are advised that this court does not accept letters or faxes. This court will only consider those pleadings filed with the Clerk of the Court. Judge Skretny's courtroom deputy can be contacted to address any procedural concerns ( Signed by USDJ William M. Skretny ) Notice and copy to John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 10/24/2002) 10/22/2002 10/24/2002 CASE REFERRED to USMJ H. K. Schroeder Jr. (DMS) (Entered: 10/24/2002) 46 SUPPLEMENTAL AFFIRMATION/MEMORANDUM by Yahya Goba, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri in support of motions [22-1] and [39-1] for revocation of Magistrate Judge H. Kenneth Schroeder's detention Decision and Order (DMS) (Entered: 10/25/2002) 47 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, and Mukhtar al-Bakri: set Status Conference for 11:00 on 10/28/02 re: defendants' motion for revocation; ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 10/25/2002) 48 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri: Defendants shall file with the Clerk of the Court and serve papers in support of their Motion to Revoke Judge Schroeder's Detention Order; set Brief deadline to 11/25/02 . Further, that the Government shall file with the Clerk of the Court and serve its response: response to motion due 12/09/02. Further, defendants shall file with the Clerk of the Court and serve any reply on/before 12/16/02; Oral argument on said motion is set for 10:00 12/30/02 . Further, that defendants shall file with the Clerk of the Court and serve their submission detailing their position with respect to whether defendants should be present, either personally or by videoconferencing, for the oral argument on this motion on/before 11/08/02. Further, that the Government shall file with the Clerk of the Court and serve its response on/before 11/15/02. Further, that the Defendants shall file with the Clerk of the Court and serve any reply on/before 11/22/02. Further, that assigned counsel for defendant shall file their proposed individual litigation budgets under seal with the Clerk of the Court on/before 11/06/02 ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to John J. Molloy, Joseph LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 10/30/2002) 50 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri: The Honorable Jonathan W. Feldman, United States Magistrate Judge, is hereby designated to act in this case for the limited purpose of acting on all matters relating to review of assigned counsels' proposed litigation budgets in conjunction with the authorization of interim payments under the Criminal Justice Act, pursuant to 28 U.S.C. 636(b)(1)(A) ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 11/12/2002) 51 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri: Assigned counsel shall appear before Honorable Jonathan W. Feldman for a Status Conference at 2:00 on 11/19/02 to further discuss the litigation budget review process. Further, this Court's Order Authorizing Interim Payments for Assigned Counsel is hereby amended by striking existing paragraph 5(g) in its entirety and substituting the following paragraph in its place: The court will, prior to approval, refer each budget for review to the Honorable Jonathan W. Feldman, United States Magistrate Judge, pursuant to 28 10/24/2002 10/29/2002 11/08/2002 11/08/2002 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 8 of 15 U.S.C. 636(b)(1)(A)( Signed by USDJ William M. Skretny ) Notice and copy of order sent to John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 11/12/2002) 11/18/2002 11/19/2002 56 Waiver by Shafal Mosed re: court proceeding scheduled for Monday, 12/30/02 (DMS) (Entered: 11/22/2002) 70 Minute entry as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, and Mukhtar al-Bakri: Status conference. Magistrate Judge Feldman to work with counsel to refine budgets - WMS (DMS) (Entered: 12/13/2002) 55 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri: Beccause the status conference before Judge Schroeder on November 27, 2002 will only involve scheduling and other preliminary procedural matters, the presence of the Defendants is not required and the U.S. Marshals Service need not produce Defendants on that date ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr., U.S. Marshal, U.S. Probation (DMS) (Entered: 11/20/2002) 63 CJA 20 as to Abdulwahab Ahmed Appointment of Attorney Sean Dennis Hill Voucher # 021031000229 ( Signed by USMJ H. K. Schroeder Jr. ) (JMD) (Entered: 12/02/2002) 57 MOTION by Shafal Mosed seeking review of detention order (DMS) (Entered: 11/26/2002) 61 JOINT MEMORANDUM OF LAW by Yahya Goba, Shafal Mosed, Yasein Taher, Faysal Galab, and Mukhtar al-Bakri in support of [39-1] motion to revoke Magistrate Judge Schroeder's Detention Order (DMS) (Entered: 11/26/2002) 71 Minute entry as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, and Mukhtar al-Bakri: Scheduling conference held. Voluntary discovery to be completed by 01/31/03. All motions, both dispositive and non-dispositive, to be filed by 02/28/03. Government to respond by 03/21/03. Defendants' reply due 03/28/03. Argument on motions and suppression hearing scheduled 04/10/03 at 10:00 a.m. Time excluded to 02/28/03. Order to be entered - HKS (DMS) (Entered: 12/13/2002) 64 SCHEDULING ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri setting Voluntary Discovery cutoff ; Motion Filing deadline on 2/28/03; Responses Motions due on 3/21/03; Replies to Responses to Motions due on 3/28/03; Oral Argument deadline set for 10:00 at 4/10/03; an evidentiary hearing on defendant's motions shall commence on 04/10/03 at 10:00 a.m.; if no motions are filed on/before the said date, the parties are hereby directed to meet with Hon. William M. Skretny on 03/26/03 at 09:00 a.m. ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Sean Hill, John J. Molloy, Joseph M. LaTona, Rodney O. Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 12/06/2002) 66 MOTION by USA as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri to Extend Time to file an opposition to defendants' motions to revoke detention order (DMS) Modified on 12/13/2002 (Entered: 12/06/2002) 65 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri: The government requests a one week extension to file its response to defendants' motion to revoke the detention order and represents that defendants have no objection to its motion, but request an equal on week extension of their time to reply. In light of the fact that the parties have not requested an adjournment of the oral argument date, this Court is not inclined to grant a full one week extension. Rather, this court finds that a three day extension to both the response and reply deadlines is appropriate. Response to Motion reset to 12/12/02 , Reply to Response to Motion reset to 12/19/02 ; Motion Hearing, set for 10:00 11/20/2002 11/20/2002 11/22/2002 11/25/2002 11/27/2002 12/03/2002 12/05/2002 12/06/2002 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 9 of 15 12/30/02 ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to Sean Dennis Hill, John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) Modified on 12/13/2002 (Entered: 12/06/2002) 12/10/2002 68 DECISION AND ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri: 1) On October 28, 2002, counsel for defendants and the government appeared before this court for a status conference to discuss, inter alia, the briefing schedule and related issues pertaining to defendants' motion for revocation of Magistrate Judge Schroeder's Detention Order: 2) At that time, this Court directed moving defendants' counsel to file submissions detailing their positions with respect to whether moving dfefendants should be present, either personally or by videoconferencing, for the oral argument on this motion. In addition, this Court provided the Government with the opportunity to respond; 3) Defendants Goba and Taher filed individual memoranda in opposition to videoconferencing: defendants Galab, Mosed and Al-Bakri filed individual memoranda consenting to videoconferencing. The Government did not file a response; 4) This court has reviewed the parties' submissions and now finds that all moving defendants shall be present, in person, at the oral argument scheduled for December 30, 2002, at 10:00 a.m. . It is ordered that the moving defendants shall attend the December 30, 2002 oral argument on defendants' motion for revocation of Magistrate Judge Schroeder's Detention Order in person. Further, that the United States Attorney's Office is hereby directed to prepare the appropriate Notices to Produce and submit them to the U.S. Marshals Service for production of the moving defendants ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to Sean Dennis Hill, John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) Modified on 12/13/2002 (Entered: 12/11/2002) 69 MEMORANDUM by USA as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri in opposition to defendants' motions to revoke detention order (DMS) (Entered: 12/13/2002) Deadline updated as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri, to exclude time Excludable type XH Started on 11/27/02 Stopped on 02/28/03 (DMS) (Entered: 12/13/2002) 72 MOTION by USA as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri for Leave to File an oversized brief (DMS) (Entered: 12/18/2002) 73 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri granting government [72-1] motion for Leave to File an oversized brief (notice and order signed by Judge W. Skretny ) Notice and copy of order sent to Sean Dennis John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 12/18/2002) 76 REPLY by Shafal Mosed to [69-1] opposition memorandum by the government (JMD) Modified on 12/23/2002 (Entered: 12/20/2002) 86 Minute entry as to Yahya Goba, Shafal Mosed, Yasein Taher, Faysal Galab, and Mukhtar al-Bakri: Oral argument on Defendant's Motion to Review/Revoke Detention Order. Court reserves decision. Defendants all remanded - WMS (DMS) (Entered: 01/17/2003) 80 MOTION by USA as to Yahya Goba, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri to supplement record on detention motion (DMS) (Entered: 01/14/2003) 83 DECISION AND ORDER as to Yahya Goba, Shafal Mosed, Yasein Taher, and Mukhtar al-Bakri: Defendants' Motions for Revocation ofJudge Schroeder's Detention Order (Docket Nos. 39, 57 and 58) are denied. Further, that the pretrial detention of Defendants Yahya Goba, Shafal Mosed, Yasein Taher and Mukhtar Al-Bakri shall be maintained pursuant to 18 U.S.C. 3142(e). Further, that the Government's Motion to Supplement Record on Detention Motion (Docket No. 80) 12/12/2002 12/13/2002 12/16/2002 12/16/2002 12/18/2002 12/30/2002 01/13/2003 01/16/2003 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 10 of 15 is denied as moot ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to Sean Dennis Hill, John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 01/17/2003) 01/17/2003 84 CORRECTION ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, and Mukhtar al-Bakri, to Amend [83-1] order . 1) On January 16, 2003, this Court filed a Decision and Order in this case (doucment #83). 2) It now appearing that due to a printing error the last line of page 1 is duplicated in the first line of page 2. It is ordered that the first line on Page 2 is deleted. Further, that in line 6 of Page 2, the word "Laden" shall be replaced with the word "Ladin". Further, that the balance of the Decision and Order remain as issued. Further, that the Clerk of the Court is directed to replace the attached page 2 for page 2 of the Decision and Order filed on 1/16/03 ( Signed by USDJ William M. Skretny ) Notice and of order sent to Sean Dennis Hill, John J. Molloy, Joseph LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 01/17/2003) 87 RESPONSE by Shafal Mosed to [80-1] motion to supplement record on detention motion by plaintiff (DMS) (Entered: 01/21/2003) 91 REPLY by USA to [88-1] opposition affidavit by Sahim Alwan (DMS) (Entered: 01/27/2003) 96 ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri: Court grants oral application by government to extend/amend date within which to complete voluntary discovery; reset Discovery deadline to 2/14/03 . It is further ordered that defendants shall have the right to apply for additional time within which to file motions if they deem such extension necessary as a result of the extension of the discovery deadline granted herein ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 01/31/2003) 100 APPLICATION AND ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri: The United States of America, in order to comply with its obligations under Federal Rule of Criminal Procedure 16, moves and the court grants request to unseal the followng Magistrate Court files for the limited purpose of permitting the government to provide copies of same to the defense: 02-m-112, 02-m-114, 02-m-115, 02-m-116, 02-m-117, 02-m-118, 02-m-119, 02-m-121, 02-m-122 ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick Brown, James P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 02/11/2003) 102 SCHEDULING ORDER as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Mukhtar al-Bakri setting Motion deadline on 3/28/03; Responses to Motions due on 4/18/03 ; Replies to Responses to Motions due on 5/2/03; Status Conference before Judge Skretny set for 9:00 4/1/03 if no motions are filed; Oral Argument deadline 2:00 5/12/03; a suppression hearing shall commence on 05/12/03 at 02:00 p.m.; ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to John J. Molloy, Rodney O. Personius, Patrick J. Brown, P. Harrington, William Clauss, Martin J. Littlefield, William J. Hochul Jr. (DMS) (Entered: 02/27/2003) Deadline updated as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Mukhtar al-Bakri, reset Suppression Hearing for 2:00 5/12/03 for Yahya Goba, for Sahim Alwan, for Shafal Mosed, for Yasein Taher, for Mukhtar al-Bakri (DMS) (Entered: 02/27/2003) Deadline updated as to Yahya Goba, Sahim Alwan, Shafal Mosed, Yasein Taher, Mukhtar al-Bakri, to exclude time Excludable type XE Started on 02/26/03 Stopped on 05/12/03 (DMS) (Entered: 02/27/2003) 105 *INTERIM VOUCHER #2: CJA 20 as to Shafal Mosed : Appointment of Attorney Voucher # 030306000147 ( Signed by USMJ H. K. Schroeder Jr. ) (DMS) 01/17/2003 01/23/2003 01/31/2003 02/07/2003 02/26/2003 02/26/2003 02/26/2003 03/07/2003 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 11 of 15 (Entered: 03/07/2003) 03/24/2003 03/24/2003 112 Plea Agreement as to Shafal Mosed (DMS) (Entered: 03/25/2003) 117 Change of Plea; PLEA of Guilty: Shafal Mosed (3) count(s) 2 Terminated motions , set Sentencing for 7/16/03 at 09:00 a.m. ; Court accepts plea. Defendant remanded - WMS (NRE) (Entered: 03/28/2003) Deadline updated as to Shafal Mosed, set Sentencing for 9:00 7/16/03 for Shafal Mosed (NRE) (Entered: 03/28/2003) 127 CJA 20 Authorization to Terry Granger: Amount: $ 486.00 Voucher # 02016000098 ( Signed by USMJ H. K. Schroeder Jr.) (DMS) (Entered: 05/12/2003) 119 TRANSCRIPT filed in case as to Shafal Mosed for date of 03/24/03; proceedings before Judge Skretny; pages 1-61 (DMS) (Entered: 04/09/2003) 124 LETTER to Magistrate Judge Schroeder from John Molloy counsel for Mukhtar Al Bakri dated 4/28/3. (JMD) (Entered: 05/08/2003) 125 LETTER to Magistrate Judge Schroeder from Rodney Personius counsel for Yasein Taher dated 4/28/3. (JMD) (Entered: 05/08/2003) 126 LETTER to Magistrate Judge Schroeder from Assistant United States Attorney William Hochul dated 4/29/3. (JMD) (Entered: 05/08/2003) 135 MOTION by USA as to Shafal Mosed, Yahya Goba, Faysal Galab, Sahim Alwan to Postpone Sentencing (JMD) (Entered: 06/13/2003) 137 MOTION by Shafal Mosed to Postpone/Adjourn Sentencing (JMD) (Entered: 06/17/2003) 140 ORDER as to Shafal Mosed granting the governments [135-1] motion to Postpone Sentencing, reset Sentencing for 2:00pm on 12/9/03. ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to Patrick J. Brown, Martin J. Littlefield, William J. Hochul Jr. (JMD) (Entered: 07/03/2003) 143 ORDER as to Sahim Alwan, Shafal Mosed, Yasein Taher, Faysal Galab, Mukhtar al-Bakri, authorizing interim payments for assigned counsel re: defendant #2,3,4,5,6 (please see order for all details) ( Signed by USDJ William M. Skretny ) Notice and copy of order sent to John J. Molloy, Joseph M. LaTona, Rodney O. Personius, Patrick J. Brown, James P. Harrington, James P. Harrington, Martin J. Littlefield, William J. Hochul Jr., Financial Department (DMZ) (Entered: 07/21/2003) 149 CJA 20 as to Shafal Mosed : Appointment of Attorney Patrick Brown Voucher # 030821000070 ( Signed by USDJ William M. Skretny ) (CMD) (Entered: 09/08/2003) 154 SEALED DOCUMENT as to Shafal Mosed (CMD) (Entered: 09/10/2003) 159 SEALED DOCUMENT as to Shafal Mosed (CMD) (Entered: 09/10/2003) 163 SEALED DOCUMENT as to Shafal Mosed (CMD) (Entered: 09/10/2003) 168 ORDER as to Faysal Galab, Yasein Taher, Shafal Mosed, Sahim Alwan, Yahya Goba, Mukhtar al-Bakri. That as will be fully explained in a Decision and Order to follow, this Court will apply the sentencing enhancement in 3A1.4 to each Defendant at time of sentencing. Defendants are directed to file and serve any sentencing memorandum by 11/12/03 and any Motions pursuant to 5K1.1 of the US Sentencing Guidelines by 11/12/2003. No extensions of deadlines imposed in this Order will be granted. Signed by Judge William M. Skretny on 10/23/03. (CMD) (Entered: 10/27/2003) 169 MOTION to Adjourn Sentencing by Shafal Mosed with supporting papers. (CMD) (Entered: 10/31/2003) 172 ORDER denying as moot 169 Motion for adjournment of sentencing date as to Shafal Mosed (3). Signed by Judge William M. Skretny on 11/7/03. (CMD) 03/24/2003 03/27/2003 04/04/2003 05/07/2003 05/07/2003 05/07/2003 06/12/2003 06/17/2003 07/03/2003 07/17/2003 09/04/2003 09/09/2003 09/09/2003 09/09/2003 10/23/2003 10/30/2003 11/07/2003 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 12 of 15 (Entered: 11/07/2003) 11/12/2003 11/17/2003 11/19/2003 11/20/2003 11/21/2003 174 MOTION for Downward Departure by USA as to Shafal Mosed. (CMD) (Entered: 11/13/2003) 179 STATEMENT WITH RESPECT TO SENTENCING FACTORS by Shafal Mosed. (CMD) (Entered: 11/17/2003) 188 STATEMENT by USA WITH RESPECT TO SENTENCING FACTORS as to Shafal Mosed. (CMD) (Entered: 11/19/2003) 194 Sealed Document. (CMD) (Entered: 11/21/2003) 198 DECISION/ORDER setting forth Court's reasoning for applying Section 3A1.4 of the U.S. Sentencing Guidelines as to each Defendant at time of sentencing, etc. Signed by Judge William M. Skretny on 11/20/03. (CMD) (Entered: 11/25/2003) 200 CJA 20 as to Shafal Mosed : Appointment of Attorney Patrick J. Brown for Shafal Mosed. . Signed by Judge William M. Skretny on 9/14/3. (JMD, ) (Entered: 11/25/2003) 204 CJA 20 as to Shafal Mosed : Authorization to Pay Patrick J. Brown. Amount: $ 852.00, Voucher # 030821000070. Signed by Judge William M. Skretny on 11/20/03. (CMD) (Entered: 12/03/2003) Minute Entry for proceedings held before Judge William M. Skretny:Sentencing held on 12/9/2003 for Shafel Mosed (3) on Count 2 of the Indictment. Presentence report to be sealed - will be made available to counsel for appeal purposes only. The probation department's recommendation section which is a part of said presentence report will be kept under separate seal and will not be accessible to counsel. Court grants Government's Motion for a downward departure. Total Offense Level: 23. Criminal History Category: VI. The Defendant is sentenced to the custody of the Bureau of Prisons for a term of 96 months. Upon release from imprisonment, Defendant shall be placed on supervised release for a term of 3 years. While on supervised release the Defendant shall abide by the following conditions: Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district to which he is released. The defendant shall comply with the standard conditions of supervised release. Said conditions to be gone over with the defendant in detail by the probation office. The defendant shall not commit any crimes, federal, state or local. The defendant is prohibited from possessing and using a firearm, ammunition or other dangerous device. Mandatory drug testing waived. The defendant shall seek,obtain and maintain gainful employment. The defendant shall submit to a search of his person, property, vehicle, place of residence at the request of his supervision officer. Cost of incarceration is waived. The defendant shall provide the U.S. Probation Office with access to any requested personal and/or business financial information. The U.S. Probation office is authorized to release presentence and post sentence financial information submitted by him to the U.S. Attorney's Office for use in its collection and other related activities. The defendant shall not possess or use controlled substances. The defendant shall notify the U.S. Probation Department of any assets received and shall not disburse his interest in any assets, including, but not limited to, income tax refunds, inheritance, insurance and lawsuit settlements or gambling winnings without the approval of the U.S. Probation Department. The defendant shall not incur any form of debt including, but not limited to, use of existing credit cards, new credit cards, lines of credit, mortgages or private loans without the approval of the U.S. Probation office. The defendant shall maintain full compliance with all of the terms and conditions of the plea agreement, including the agreement regarding his continued cooperation with the government, as well as the agreement regarding the assignment to the United States of any profits or proceeds arising from publicity. The defendant shall pay a mandatory assessment of $100. Payment can be made through the inmate responsibility program. The Court recommends to the BOP that defendant not be designated to the maximum administrative facility at Florence, Colorado. The Court also recommends to the BOP that the defendant be designated consistent with BOP policy to a secure facility nearest to the WDNY as possible. The Court imposes sentence as stated. The government moves for dismissal of Count I of the indictment. Court grants same. The Court directs preparation of the judgment of conviction. The defendant 11/25/2003 12/03/2003 12/09/2003 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 13 of 15 is remanded. For the govt. - William Hochul. For the deft. - Patrick Brown. For prob. - Colleen Rahill Beuler.. (Court Reporter Michelle McLaughlin.) (MEAL, ) (Entered: 12/10/2003) 12/16/2003 12/16/2003 12/22/2003 218 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Shafal Mosed. (CMD) (Entered: 12/16/2003) 219 Sealed Document. (CMD) (Entered: 12/16/2003) 225 JUDGMENT as to Shafal Mosed (3), 1, Dismissed.; Count(s) 2, Sentencing held on 12/9/2003 for Shafel Mosed (3) on Count 2 of the Indictment. Presentence report to be sealed - will be made available to counsel for appeal purposes only. The probation department's recommendation section which is a part of said presentence report will be kept under separate seal and will not be accessible to counsel. Court grants Government's Motion for a downward departure. Total Offense Level: 23. Criminal History Category: VI. The Defendant is sentenced to the custody of the Bureau of Prisons for a term of 96 months. Upon release from imprisonment, Defendant shall be placed on supervised release for a term of 3 years. While on supervised release the Defendant shall abide by the following conditions: Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district to which he is released. The defendant shall comply with the standard conditions of supervised release. Said conditions to be gone over with the defendant in detail by the probation office. The defendant shall not commit any crimes, federal, state or local. The defendant is prohibited from possessing and using a firearm, ammunition or other dangerous device. Mandatory drug testing waived. The defendant shall seek,obtain and maintain gainful employment. The defendant shall submit to a search of his person, property, vehicle, place of residence at the request of his supervision officer. Cost of incarceration is waived. The defendant shall provide the U.S. Probation Office with access to any requested personal and/or business financial information. The U.S. Probation office is authorized to release presentence and post sentence financial information submitted by him to the U.S. Attorney's Office for use in its collection and other related activities. The defendant shall not possess or use controlled substances. The defendant shall notify the U.S. Probation Department of any assets received and shall not disburse his interest in any assets, including, but not limited to, income tax refunds, inheritance, insurance and lawsuit settlements or gambling winnings without the approval of the U.S. Probation Department. The defendant shall not incur any form of debt including, but not limited to, use of existing credit cards, new credit cards, lines of credit, mortgages or private loans without the approval of the U.S. Probation office. The defendant shall maintain full compliance with all of the terms and conditions of the plea agreement, including the agreement regarding his continued cooperation with the government, as well as the agreement regarding the assignment to the United States of any profits or proceeds arising from publicity. The defendant shall pay a mandatory assessment of $100. Payment can be made through the inmate responsibility program. The Court recommends to the BOP that defendant not be designated to the maximum administrative facility at Florence, Colorado. The Court also recommends to the BOP that the defendant be designated consistent with BOP policy to a secure facility nearest to the WDNY as possible. The Court imposes sentence as stated. The government moves for dismissal of Count I of the indictment. Court grants same. The Court directs preparation of the judgment of conviction. The defendant is remanded. For the govt. - William Hochul. For the deft. - Patrick Brown. For prob. - Colleen Rahill Beuler. Additional certified copies forwarded to USPO/sb, USM, US Attorney, Debt Collection, Financial Department and Patrick J. Brown, Esq. Signed by Judge William M. Skretny on 12/19/03. (CMD) (Entered: 12/23/2003) 234 Sealed Document. (CMD) (Entered: 01/22/2004) 235 AMENDED JUDGMENT pursuant to Federal Rules of Criminal Procedure 36 as to Shafal Mosed (3), 1, Dismissed.; Count(s) 2, Sentencing held on 12/9/2003 for Shafel Mosed (3) on Count 2 of the Indictment. Presentence report to be sealed - will be made available to counsel for appeal purposes only. The probation department's recommendation section which is a part of said presentence report will be kept under separate seal and will not be accessible to counsel. Court grants Government's Motion for a downward departure. Total Offense Level: 23. 01/12/2004 01/21/2004 Case: 1:02-cr-00214-WMS-HKS As of: 07/12/2011 08:10 PM EDT 14 of 15 Criminal History Category: VI. The Defendant is sentenced to the custody of the Bureau of Prisons for a term of 96 months. Upon release from imprisonment, Defendant shall be placed on supervised release for a term of 3 years. While on supervised release the Defendant shall abide by the following conditions: Within 72 hours of release from custody, the defendant shall report in person to the probation office in the district to which he is released. The defendant shall comply with the standard conditions of supervised release. Said conditions to be gone over with the defendant in detail by the probation office. The defendant shall not commit any crimes, federal, state or local. The defendant is prohibited from possessing and using a firearm, ammunition or other dangerous device. Mandatory drug testing waived. The defendant shall seek,obtain and maintain gainful employment. The defendant shall submit to a search of his person, property, vehicle, place of residence at the request of his supervision officer. Cost of incarceration is waived. The defendant shall provide the U.S. Probation Office with access to any requested personal and/or business financial information. The U.S. Probation office is authorized to release presentence and post sentence financial information submitted by him to the U.S. Attorney's Office for use in its collection and other related activities. The defendant shall not possess or use controlled substances. The defendant shall notify the U.S. Probation Department of any assets received and shall not disburse his interest in any assets, including, but not limited to, income tax refunds, inheritance, insurance and lawsuit settlements or gambling winnings without the approval of the U.S. Probation Department. The defendant shall not incur any form of debt including, but not limited to, use of existing credit cards, new credit cards, lines of credit, mortgages or private loans without the approval of the U.S. Probation office. The defendant shall maintain full compliance with all of the terms and conditions of the plea agreement, including the agreement regarding his continued cooperation with the government, as well as the agreement regarding the assignment to the United States of any profits or proceeds arising from publicity. The defendant shall pay a mandatory assessment of $100. Payment can be made through the inmate responsibility program. The Court recommends to the BOP that defendant not be designated to the maximum administrative facility at Florence, Colorado. The Court also recommends to the BOP that the defendant be designated consistent with BOP policy to a secure facility nearest to the WDNY as possible. The Court imposes sentence as stated. The government moves for dismissal of Count I of the indictment. Court grants same. The Court directs preparation of the judgment of conviction. The defendant is remanded. For the govt. - William Hochul. For the deft. - Patrick Brown. For prob. - Colleen Rahill Beuler. Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department. . Signed by Judge William M. Skretny on 1/19/4. (JMD, ) (Entered: 01/23/2004) 02/03/2004 03/09/2004 03/09/2004 03/18/2004 05/05/2004 02/24/2005 10/17/2005 239 Sealed Document. (CMD) (Entered: 02/05/2004) 241 Sealed Document as to Shafal Mosed. (CMD) (Entered: 03/10/2004) 242 Sealed Document as to Shafal Mosed. (CMD) (Entered: 03/10/2004) 249 Sealed Document as to Shafal Mosed. (CMD) (Entered: 03/19/2004) 260 Sealed Document as to Shafal Mosed. (DZ, ) (Entered: 05/05/2004) 269 Sealed Document as to Shafal Mosed. (original document maintained in the Financial Department) (DZ, ) (Entered: 02/28/2005) 272 TRANSCRIPT of Proceedings as to Shafal Mosed held on 12/9/03 before Judge William M. Skretny. Court Reporter: Michelle McLaughlin. (pages 1-41) Transcript maintained in paper form in the Clerk's office. (DZ, ) (Entered: 10/18/2005) 276 Sealed Document as toFaysal Galab, Yasein Taher, Shafal Mosed, Sahim Alwan. (JDK, ) (Entered: 10/28/2005) 277 Sealed Document as toFaysal Galab, Yasein Taher, Shafal Mosed, Sahim Alwan. (JDK, ) (Entered: 10/28/2005) 278 Sealed Document as toFaysal Galab, Yasein Taher, Shafal Mosed, Sahim Alwan. (JDK, ) (Entered: 10/28/2005) 10/28/2005 10/28/2005 10/28/2005 Case: 1:02-cr-00214-WMS-HKS 04/03/2006 04/20/2010 As of: 07/12/2011 08:10 PM EDT 15 of 15 280 Sealed Document as to Shafal Mosed. (DZ, ) (Entered: 04/04/2006) 298 ORDER as to Shafal Mosed MODIFYING the Conditions of his Supervision. Signed by William M. Skretny, Chief Judge U.S.D.C. on 4/18/2010.(MEAL) (Entered: 04/20/2010) 300 NOTICE OF ATTORNEY APPEARANCE Timothy C. Lynch appearing for USA. (Lynch, Timothy) (Entered: 05/20/2010) 05/20/2010