Shane Buczek 20101109 Docket Report case 141 (contempt)

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Shane Buczek 20101109 Docket Report case 141 (contempt) Powered By Docstoc
					       Case: 1:09-cr-00141-WMS    As of: 11/12/2010 02:57 PM EST            1 of 18
                                                                                   CLOSED_2010
                           U.S. DISTRICT COURT
         U.S. District Court, Western District of New York (Buffalo)
    CRIMINAL DOCKET FOR CASE #: 1:09−cr−00141−WMS All Defendants

Case title: USA v. Buczek                               Date Filed: 05/07/2009
                                                        Date Terminated: 11/09/2010

Assigned to: Hon. William M.
Skretny

Defendant (1)
Shane C. Buczek                   represented by Shane C. Buczek
TERMINATED: 11/09/2010                           7335 Derby Road
                                                 Derby, NY 14047
                                                 PRO SE

                                                Brian P. Comerford
                                                Federal Public Defender
                                                300 Pearl Street
                                                Suite 200
                                                Buffalo, NY 14202
                                                716−551−3341
                                                Fax: 716−551−3346
                                                Email: brian_comerford@fd.org
                                                TERMINATED: 07/19/2010
                                                Designation: Public Defender Appointment

Pending Counts                                  Disposition
                                                The Defendant is sentenced to the custody of the
                                                BOP for a term of 12 months to run concurrent to
                                                Count 1 of 08−CR−54 and consecutive to Count 1 of
CRIMINAL CONTEMPT                               09−CR−121 and a 1 year term of Supervised Release
18:401.F                                        to run concurrent with the term imposed in
(1)                                             08−CR−54 and 09−CR−121. Conditions of
                                                Supervised release are as detailed in minute entry of
                                                11/5/2010. $25.00 Special Assessment imposed.

Highest Offense Level (Opening)
Felony

Terminated Counts                               Disposition
CRIMINAL CONTEMPT
18:401.F                                        Dismissed.
(2−9)

Highest Offense Level
(Terminated)
Felony

Complaints                                      Disposition
None


Plaintiff
      Case: 1:09-cr-00141-WMS         As of: 11/12/2010 02:57 PM EST              2 of 18
USA                                           represented by Anthony M. Bruce
                                                             U.S. Attorney's Office
                                                             Federal Centre
                                                             138 Delaware Avenue
                                                             Buffalo, NY 14202
                                                             716−843−5886
                                                             Fax: 716−551−3052
                                                             Email: anthony.m.bruce@usdoj.gov
                                                             LEAD ATTORNEY
                                                             ATTORNEY TO BE NOTICED

                                                              Maura O'Donnell
                                                              U.S. Attorney's Office
                                                              Federal Centre
                                                              138 Delaware Avenue
                                                              Buffalo, NY 14202
                                                              716−843−5816
                                                              Fax: 716−551−3146
                                                              Email: maura.o'donnell2@usdoj.gov
                                                              LEAD ATTORNEY
                                                              ATTORNEY TO BE NOTICED

Date Filed    #      Docket Text
05/07/2009        1 INDICTMENT as to Shane C. Buczek (1) count(s) 1−9. (DR) (Entered:
                    05/08/2009)
05/07/2009           Minute Entry for proceedings held before Hon. H. Kenneth Schroeder,
                     Jr:Arraignment as to Shane C. Buczek (1) Count 1−9 held on 5/7/2009. Court read
                     Indictment to defendant and entered plea of not guilty on his behalf. Defendant
                     objected. Defendant advised that he will proceed pro se. Government moved for
                     detention. Detention Hearing set for 5/15/2009 at 02:00 PM before Hon. H.
                     Kenneth Schroeder Jr. Time Excluded as to Shane C. Buczek from 5/7/2009 to
                     5/15/2009 pursuant to Title 18 USC 3161(h)(1)(D) and (h)(7)(A). Appearances by
                     AUSA Timothy Lynch; Shane Buczek pro se; AFPD Brian Comerford appeared as
                     standby counsel. (Court Reporter FTR Gold.)(LMG) (Entered: 05/12/2009)
05/15/2009           Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:
                     Detention Hearing as to Shane C. Buczek held on 5/15/2009. Defendant stated that
                     he wished to proceed pro se for purposes of Detention Hearing. Court released
                     defendant in all three cases (08−CR−54, 09−CR−121 and 09−CR−141) on $10,000
                     signature bond to be co−signed by responsible surety, electronic monitoring and
                     home incarceration. Defendant to execute $10,000 signature bond in all three cases,
                     but total amount to be forfeited in the event the defendant fails to comply with any
                     condition of release set by the Court equals $10,000. Defendant will consider either
                     retaining counsel or requesting assigned counsel. Status Conference set for
                     6/3/2009 at 10:30 AM before Hon. H. Kenneth Schroeder Jr. Time Excluded as to
                     Shane C. Buczek from 5/15/2009 to 6/3/2009 pursuant to Title 18 USC
                     3161(h)(7)(A) and (h)(7)(B)(iv). Defendant remanded to custody of U.S. Marshals
                     Service until EMS investigation is completed. Appearances by AUSA Anthony
                     Bruce; Shane Buczek appeared pro se. (Court Reporter FTR Gold.) (LMG)
                     (Entered: 05/15/2009)
05/15/2009        2 Appearance Bond Entered as to Shane C. Buczek in amount of $ $10,000.00
                    Signature. (DR) (Entered: 05/19/2009)
05/15/2009        3 ORDER TO CONTINUE − Ends of Justice as to Shane C. Buczek Time excluded
                    from 5/6/09 until 5/15/09.. Signed by Hon. H. Kenneth Schroeder, Jr on
                    5/15/09.(DR) (Entered: 05/21/2009)
05/28/2009           Summons Issued in case as to Shane C. Buczek. Docket Call set for 6/3/2009 10:30
                     AM before Hon. H. Kenneth Schroeder Jr. (LMG) (Entered: 05/28/2009)
05/28/2009        5 ORDER Setting Conditions of Release. Signed by Hon. H. Kenneth Schroeder, Jr
                    on 5/15/09.(LMG) (Entered: 05/28/2009)
     Case: 1:09-cr-00141-WMS       As of: 11/12/2010 02:57 PM EST              3 of 18
06/03/2009        Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr: Status
                  Conference as to Shane C. Buczek held on 6/3/2009. Defendant made oral motion
                  to travel to Texas to meet with attorney he may wish to retain. Motion denied.
                  Defendant directed to provide the Court with the name of the attorney he has
                  retained no later than 6/4/2009. Status Conference set for 6/5/2009 at 03:30 p.m.
                  Defendant reminded to follow terms and conditions of bail previously imposed.
                  Time Excluded as to Shane C. Buczek from 6/3/2009 to 6/5/2009 pursuant to Title
                  18 USC 3161(h)(7)(A) and (h)(7)(B)(iv). Appearances by AUSA Anthony Bruce;
                  Shane Buczek appeared pro se.(Court Reporter FTR Gold.)(LMG) (Entered:
                  06/03/2009)
06/05/2009        Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr: Status
                  Conference as to Shane C. Buczek held on 6/5/2009. Defendant advised that he has
                  a meeting scheduled with attorney David Jay on 6/6/2009. Appearance of Counsel
                  Hearing set for 6/15/2009 at 02:30 PM before Hon. H. Kenneth Schroeder Jr. Court
                  found that defendant did not violate the terms and conditions of bail alleged in the
                  most recent violation. Defendant ordered to remove himself from all social
                  networking sites by 5:00 p.m. on 6/8/2009. THE CLERK OF THE COURT IS
                  DIRECTED TO RECEIVE AND ACCEPT FOR FILING ALL OF
                  DEFENDANT'S FILINGS WITHOUT THE REQUIRED CERTIFICATE OF
                  SERVICE. Time Excluded as to Shane C. Buczek from 6/5/2009 TO 6/15/2009
                  pursuant to Title 18 USC 3161(h)(7)(A) and (h)(7)(B)(iv). Appearances by AUSA
                  Anthony Bruce; Shane Buczek appeared pro se; USPO Zenaida Piotrowicz. (Court
                  Reporter FTR Gold.)(LMG) (Entered: 06/08/2009)
06/08/2009     7 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on 5/6/09 before Judge H. Kenneth Schroeder, Jr.. Court
                 Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723−2208.
                 Transcript may be viewed at the court public terminal or purchased through the
                 Court Reporter/Transcriber before the deadline for Release of Transcript
                 Restriction. After that date it may be obtained through PACER. Redaction Request
                 due 6/29/2009. Redacted Transcript Deadline set for 7/9/2009. Release of
                 Transcript Restriction set for 9/8/2009. (DZ) (Entered: 06/09/2009)
06/08/2009     8 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on 5/7/09 before Judge H. Kenneth Schroeder, Jr.. Court
                 Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723−2208.
                 Transcript may be viewed at the court public terminal or purchased through the
                 Court Reporter/Transcriber before the deadline for Release of Transcript
                 Restriction. After that date it may be obtained through PACER. Redaction Request
                 due 6/29/2009. Redacted Transcript Deadline set for 7/9/2009. Release of
                 Transcript Restriction set for 9/8/2009. (DZ) (Entered: 06/09/2009)
06/08/2009     9 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on 5/15/09 before Judge H. Kenneth Schroeder, Jr.. Court
                 Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723−2208.
                 Transcript may be viewed at the court public terminal or purchased through the
                 Court Reporter/Transcriber before the deadline for Release of Transcript
                 Restriction. After that date it may be obtained through PACER. Redaction Request
                 due 6/29/2009. Redacted Transcript Deadline set for 7/9/2009. Release of
                 Transcript Restriction set for 9/8/2009. (DZ) (Entered: 06/09/2009)
06/09/2009     6 REFERRAL ORDER to Magistrate Judge H. Kenneth Schroeder, Jr., as to Shane
                 C. Buczek. Signed by Judge William M. Skretny on 6/9/2009.(JCD) (Entered:
                 06/09/2009)
06/15/2009        Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr: Status
                  Conference as to Shane C. Buczek held on 6/15/2009. Attorney David Jay, who
                  was present in the courtroom, advised that defendant has not retained him.
                  Defendant confirmed that he will be proceeding pro se. Scheduling Order to be
                  entered. Time Excluded as to Shane C. Buczek from 6/15/2009 to 7/17/2009
                  pursuant to Title 18 USC 3161(h)(7)(A) and (h)(7)(B)(iv). Defendant requested
                  permission to leave his residence in order to work on his case at the UB Law
                  School Library. Court directed defendant to make application to the U.S. Probation
                  Office for the sole purpose of going to the UB Law School Library, the Federal
                  Courthouse Library or the Supreme Court Library. Appearances by AUSA
     Case: 1:09-cr-00141-WMS        As of: 11/12/2010 02:57 PM EST            4 of 18

                  Anthony Bruce; Shane Buczek appeared pro se; Attorney David Jay. (Court
                  Reporter FTR Gold.)(LMG) (Entered: 06/16/2009)
06/15/2009    11 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/17/2009)
06/17/2009    10 SCHEDULING ORDER as to Shane C. Buczek: Discovery completed by
                 6/30/2009; Motions due by 7/17/2009; Responses due by 8/14/2009. If no motions
                 are filed, parties are directed to appear before the Hon. William M. Skretny on
                 7/22/2009 at 09:00 AM. Signed by Hon. H. Kenneth Schroeder, Jr on
                 6/15/09.(LMG) (Entered: 06/17/2009)
06/18/2009    12 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/22/2009)
06/26/2009    13 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/29/2009)
06/30/2009    18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on 6/15/09 before Judge H. Kenneth Schroeder. Court
                 Reporter/Transcriber Karen J. Bush, Telephone number (585) 613−4312.
                 Transcript may be viewed at the court public terminal or purchased through the
                 Court Reporter/Transcriber before the deadline for Release of Transcript
                 Restriction. After that date it may be obtained through PACER. Redaction Request
                 due 7/21/2009. Redacted Transcript Deadline set for 7/31/2009. Release of
                 Transcript Restriction set for 9/28/2009. (DR) (Entered: 07/16/2009)
07/07/2009    14 NOTICE as to Shane C. Buczek. Motions having been filed by the deadline of
                 7/17/2009 as set by the Magistrate Judge, the status conference scheduled for
                 7/22/2009 before William M. Skretny, U.S.D.J. is CANCELED. (MEAL) (Entered:
                 07/07/2009)
07/08/2009    40 Summons Returned Executed on 6/1/09. as to Shane C. Buczek. (DR) (Entered:
                 10/26/2009)
07/13/2009    15 MOTION for work release by Shane C. Buczek. (DR) (Entered: 07/14/2009)
07/13/2009    16 NOTICE OF HEARING by Shane C. Buczek (DR) (Entered: 07/14/2009)
07/14/2009    17 TEXT ORDER as to Shane C. Buczek: The government shall respond to
                 defendant's 15 Petition for Work Release no later than 7/24/2009 after which time
                 the petition shall be taken under advisement. SO ORDERED. Issued by the Hon.
                 H. Kenneth Schroeder, Jr on 7/14/09. (LMG) (Entered: 07/14/2009)
07/16/2009    19 Judicial Notice filed by Shane Buczek (DZ) (Entered: 07/17/2009)
07/16/2009    20 AMENDED AND SUPPLEMENT Claim and Notice of Abandonment of Claim
                 filed by Shane Buczek. (DZ) (Entered: 07/17/2009)
07/17/2009    21 MOTION for Extension of Time by Shane C. Buczek. (DZ) (Entered: 07/20/2009)
07/17/2009    22 **Please disregard this entry; docketed in error to wrong case** MOTION for
                 Extension of Time by Shane C. Buczek. (Attachment maintained in paper form in
                 the Clerk's office due to the way the document is certified) (DZ) Modified on
                 7/27/2009 (DZ). (Entered: 07/20/2009)
07/22/2009    23 RESPONSE to Motion by USA as to Shane C. Buczek re 15 MOTION for work
                 release (Response to the Defendant's Petition for Work Release) (Bruce, Anthony)
                 (Entered: 07/22/2009)
07/23/2009    24 MOTION to Strike The Defendant's Pretrial Filings As Frivolous And To Deny His
                 Motion For An Extension of Time by USA as to Shane C. Buczek. (Bruce,
                 Anthony) (Entered: 07/23/2009)
07/27/2009    25 ORDER denying 21 Motion for Extension of Time to File as to Shane C. Buczek
                 (1). Signed by Hon. H. Kenneth Schroeder, Jr. on July 27, 2009. (APG) (Entered:
                 07/27/2009)
07/27/2009    26 ORDER denying relief sought in 11 Memorandum/Brief, 12 Memorandum/Brief,
                 13 Memorandum/Brief, 19 Judicial Notice, [20 Amended and Supplement and
                 denying as moot 24 Motion to Strike as to Shane C. Buczek (1). Signed by Hon. H.
                 Kenneth Schroeder, Jr. on July 27, 2009. (APG) (Entered: 07/27/2009)
     Case: 1:09-cr-00141-WMS        As of: 11/12/2010 02:57 PM EST            5 of 18
07/27/2009    27 ORDER denying 15 Motion Work Release as to Shane C. Buczek (1). Signed by
                 Hon. H. Kenneth Schroeder, Jr. on July 27, 2009. (APG) (Entered: 07/27/2009)
08/11/2009    28 MOTION To Set A Trial Date by USA as to Shane C. Buczek. (Bruce, Anthony)
                 (Entered: 08/11/2009)
08/14/2009    29 Minute Entry for proceedings held before Hon. Hugh B. Scott:Initial Appearance
                 re Petition for Revocation of supervised release as to Shane C. Buczek held on
                 8/14/2009. Defendant advised of charges in the violation petition and informed of
                 rights. Court enters denial on defendants behalf. Government moves to detain.
                 Matter is scheduled for 10:00am on Monday August 17, 2009 before Magistrate
                 Judge Schroeder. Defendant remanded. Appearances; George Burgasser, AUSA,
                 Anthony Bruce, AUSA, Brian Comerford, AFPD with defendant ( for this
                 proceeding only.) (JDK) (Entered: 08/14/2009)
08/17/2009    30 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:Bail
                 Violation Status Hearing as to Shane C. Buczek held on 8/17/2009. Court
                 acknowledges attorney Brian Comerford from the public defenders office is
                 present. Court conditionally assigns Mr. Comerford. Defendant to complete
                 financial affidavit. The government moves to detain defendant. Bail Review
                 Hearing set for 8/20/2009 02:00 PM before Hon. H. Kenneth Schroeder Jr.
                 Defendant is continued detained and remanded. Appearances; George Burgasser,
                 AUSA on behalf of Anthony Bruce, AUSA, Brian Comerford, AFPD with the
                 defendant, USPO Scott Kawski and USPOA Curtis Middlebrooks(Court Reporter
                 FTR Gold.)(JDK) (Entered: 08/17/2009)
08/17/2009        Attorney update in case as to Shane C. Buczek. Attorney Brian P. Comerford for
                  Shane C. Buczek added. (JDK) (Entered: 08/18/2009)
08/20/2009    32 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:Bail
                 Review Hearing as to Shane C. Buczek held on 8/20/2009. Defendant completed
                 financial affidavit. Defendant sworn, examined and determined eligible for
                 counsel. AFPD accepts appointment and is formally appointed. Government moves
                 for detention on the basis of violation, argument held. Court denies the
                 governments request. Defendant to be released on EMS with conditions modified.
                 Government moves for a stay in order to appeal the decision to the District Court.
                 Court denies the governments request. Appearances; AUSA George Burgasser on
                 behalf of AUSA Anthony Bruce, AFPD Brian Comerford with defendant and
                 USPO Scott Kawski, and USPOA Curtis Middlebrooks (Court Reporter FTR
                 Gold.) (JDK) Modified on 8/20/2009 re: the governments request to appeal
                 decision(JDK). (Entered: 08/20/2009)
08/20/2009        Defendant completed financial affidavit which was filed in 08−CR−54 (JDK)
                  (Entered: 08/20/2009)
09/11/2009    33 TEXT ORDER as to Shane C. Buczek. The 28 Government's Motion To Set A
                 Trial Date is returnable on 9/30/2009 at 9:00 a.m. before William M. Skretny
                 U.S.D.J. SO ORDERED. Issued by William M. Skretny U.S.D.J. on
                 9/5/2009.(MEAL) (Entered: 09/11/2009)
09/30/2009    34 Minute Entry for proceedings held before William M. Skretny U.S.D.J:Status
                 Conference as to Shane C. Buczek held on 9/30/2009. Defendant requested
                 additional discovery. Defendant's Motions are to be filed by 10/9/2009.
                 Government response is due 10/30/2009. Defendant's reply is due 11/10/2009. A
                 Status Conference is set for 11/19/2009 at 9:00 AM before William M. Skretny
                 U.S.D.J. Time to be excluded pursuant to 3161(h)(1)(D) and 3161(h)(7)(A).
                 Government advises that a motion to consolidate cases for trial may be
                 forthcoming. For the govt. − Richard Maigret for Anthony Bruce. For the deft. −
                 Brian Comerford. Defendant present. (Court Reporter Michelle
                 McLaughlin.)(MEAL) (Entered: 10/01/2009)
10/05/2009    35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on August 17, 2009 before Judge H. Kenneth Schroeder, Jr.. Court
                 Reporter/Transcriber Christi A. Macri, Telephone number 585−613−4310.
                 Transcript may be viewed at the court public terminal or purchased through the
                 Court Reporter/Transcriber before the deadline for Release of Transcript
                 Restriction. After that date it may be obtained through PACER. Redaction Request
     Case: 1:09-cr-00141-WMS        As of: 11/12/2010 02:57 PM EST             6 of 18

                  due 10/26/2009. Redacted Transcript Deadline set for 11/5/2009. Release of
                  Transcript Restriction set for 1/4/2010. (DR) (Entered: 10/05/2009)
10/05/2009    36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on August 20, 2009 before Judge H. Kenneth Schroeder, Jr.. Court
                 Reporter/Transcriber Christi A. Macri, Telephone number 585−613−4310.
                 Transcript may be viewed at the court public terminal or purchased through the
                 Court Reporter/Transcriber before the deadline for Release of Transcript
                 Restriction. After that date it may be obtained through PACER. Redaction Request
                 due 10/26/2009. Redacted Transcript Deadline set for 11/5/2009. Release of
                 Transcript Restriction set for 1/4/2010. (DR) (Entered: 10/05/2009)
10/09/2009    37 MOTION for Discovery, MOTION to Inspect, MOTION for Release of Brady
                 Materials, MOTION for Disclosure, MOTION Disclosure of Witnesses'
                 Statements, Preservation of Rough Notes and Further Relief by Shane C. Buczek.
                 (Attachments: # 1 Exhibits 1−3)(Comerford, Brian) (Entered: 10/09/2009)
10/16/2009    38 RESPONSE to Motion by USA as to Shane C. Buczek re 37 MOTION for
                 Discovery MOTION to Inspect MOTION for Release of Brady Materials
                 MOTION for Disclosure MOTION Disclosure of Witnesses' Statements,
                 Preservation of Rough Notes and Further Relief Government's Response To The
                 Defendant's Pretrial Discovery Motion (Bruce, Anthony) (Entered: 10/16/2009)
10/21/2009    39 ARREST Warrant Returned Executed on 8/14/09 in case as to Shane C. Buczek.
                 (DZ) (Entered: 10/21/2009)
11/09/2009    41 REPLY TO RESPONSE to Motion by Shane C. Buczek re 37 MOTION for
                 Discovery MOTION to Inspect MOTION for Release of Brady Materials
                 MOTION for Disclosure MOTION Disclosure of Witnesses' Statements,
                 Preservation of Rough Notes and Further Relief (Comerford, Brian) (Entered:
                 11/09/2009)
11/19/2009    42 Minute Entry for proceedings held before William M. Skretny U.S.D.J.:Status
                 Conference as to Shane C. Buczek held on 11/19/2009. Discovery ongoing.
                 Defendant addressed the Court. Notice of Mistake with Affidavit in Support
                 Acceptance, Forgiveness and Request for Forgiveness, Memorandum of Law
                 provided to the Court. Court to file same. An additional Status Conference is set for
                 12/10/2009 at 10:00 AM before William M. Skretny U.S.D.J. Time to be Excluded
                 pursuant to 3161(h)(7)(A). For the govt. − Anthony Bruce. For the deft. − Brian
                 Comerford. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered: 11/20/2009)
11/20/2009    43 NOTICE of Mistake with Affidavit in Support Acceptance, Forgiveness and
                 Request for Forgiveness, Memorandum of Law by Shane C. Buczek. (MEAL)
                 (Entered: 11/20/2009)
12/10/2009    44 Minute Entry for proceedings held before William M. Skretny U.S.D.J.: Status
                 Conference as to Shane C. Buczek held on 12/10/2009. Jencks and 3500 material
                 to be provided to defendant. Jury selection and Jury trial is scheduled to commence
                 on 4/6/2010 at 9:30 a.m. A final pretrial order to be issued. Court deems 43
                 NOTICE of Mistake with Affidavit in Support Acceptance, Forgiveness and
                 Request for Forgiveness, Memorandum of Law irrelevant to the proceedings. Brian
                 Comerford of the Federal Public Defender's Office is attorney of record for the
                 defendant. Time to be excluded pursuant to 3161(h)(7)(A). For the govt. − Charles
                 Wydysh. For the deft. − Brian Comerford. Defendant present. (Court Reporter
                 Michelle McLaughlin.)(MEAL) (Entered: 12/17/2009)
12/21/2009    45 PRETRIAL ORDER as to Shane C. Buczek. Jury selection is scheduled to begin
                 on 4/6/2010 at 9:30 AM. A final pretrial conference will be held on 3/15/2010 at
                 10:00 AM, and a final status conference will be held on 3/26/2010 at 9:00 AM.
                 Signed by Judge William M. Skretny on 12/20/2009. (Attachments: # 1 Pretrial
                 Order Attachment)(JCD) (Entered: 12/21/2009)
12/21/2009    46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on December 10, 2009 before Judge Honorable William M.
                 Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number
                 716−332−3560. Transcript may be viewed at the court public terminal or
                 purchased through the Court Reporter/Transcriber before the deadline for Release
     Case: 1:09-cr-00141-WMS        As of: 11/12/2010 02:57 PM EST            7 of 18

                  of Transcript Restriction. After that date it may be obtained through PACER.
                  Redaction Request due 1/11/2010. Redacted Transcript Deadline set for 1/21/2010.
                  Release of Transcript Restriction set for 3/22/2010. (DR) (Entered: 12/23/2009)
12/30/2009    47 ***DOCUMENT STRIKEN PURSUANT TO ORDER #50***RESTATEMENT
                 OF THE TRUST filed by Shane Buczek.(DR) Modified on 1/12/2010 (DR).
                 (Entered: 01/06/2010)
12/30/2009    48 ***DOCUMENT STRIKEN PURSUANT TO ORDER #50*** PETITION to
                 Dismiss for Lack of Ratification of Commencement by Shane C. Buczek. (DR)
                 Modified on 1/12/2010 (DR). (Entered: 01/06/2010)
01/04/2010    49 ***DOCUMENT STRIKEN PURSUANT TO ORDER #50***AMENDED
                 PETITION to Dismiss for Lack of Ratification of Commencement by Shane C.
                 Buczek. (DR) Modified on 1/12/2010 (DR). (Entered: 01/06/2010)
01/11/2010    50 ORDER as to Shane C. Buczek DIRECTING that all filings on Defendant's behalf
                 be made by his attorney−of record; DIRECTING the Clerk of the Court not to
                 accept any submissions unless presented as specified; DIRECTING the Clerk of
                 the Court to strike Docket Nos. 47 , 48 and 49 from the docket. Signed by William
                 M. Skretny, Chief Judge, U.S.D.C. on 1/8/2010.(MEAL) (Entered: 01/11/2010)
01/21/2010    51 AMENDED PRETRIAL ORDER as to Shane C. Buczek. Jury selection is
                 scheduled to begin on 6/28/2010 at 9:30 AM. A final pretrial conference will be
                 held on 5/12/2010 at 10:00 AM, and a final status conference will be held on
                 6/24/2010 at 9:00 AM. All will take place before the Hon. William M. Skretny.
                 Signed by Judge William M. Skretny on 1/19/2010. (Attachments: # 1 Pretrial
                 Order Attachment (Criminal))(JCD) (Entered: 01/21/2010)
02/05/2010    52 TRIAL BRIEF by USA as to Shane C. Buczek (Attachments: # 1 Exhibit 1)(Bruce,
                 Anthony) (Entered: 02/05/2010)
02/11/2010    53 Proposed Jury Instructions by USA as to Shane C. Buczek (Bruce, Anthony)
                 (Entered: 02/11/2010)
02/11/2010    54 MOTION Status conference as to attorney representation by Shane C. Buczek.
                 (Comerford, Brian) (Entered: 02/11/2010)
02/16/2010    55 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT, the 28
                 Motion for the scheduling of a Status conference as to attorney representation is
                 GRANTED. Counsel for the parties and the defendant are to appear before this
                 Court on 2/18/2010 at 9:00 AM for a Status Conference SO ORDERED. Issued by
                 William M. Skretny, Chief Judge U.S.D.C. on 2/16/2010.(MEAL) (Entered:
                 02/16/2010)
02/18/2010    56 Minute Entry for proceedings held before William M. Skretny, Chief Judge:Status
                 Conference as to Shane C. Buczek held on 2/18/2010. Defendants requests to
                 proceed pro se with Attorney Comerford as stand−by counsel. Court will allow.
                 Defendant advised that documents filed with the Clerk of the Court must be in
                 proper format or they will not be filed. Requisite warnings given and findings made
                 as to defendant proceeding pro se. Trial to proceed as scheduled. For the govt. −
                 Mary Baumgarten. For the deft. − Shane Buczek, pro se, Brian Comerford,
                 stand−by counsel. Court Reporter Patricia Galas Jack W. Hunt &Associates, Inc.)
                 (MEAL) (Entered: 02/19/2010)
02/22/2010    57 GLOBAL DEMAND to Recuse USA Anthony Bruce, Kathleen M. Mehltretter,
                 Mary C. Baumgarten &all AUS Attorneys' in Western District of New York
                 Attorney Office for Conflict of Interest by Shane C. Buczek. (DR) (Entered:
                 02/23/2010)
02/25/2010    58 NOTICE OF MISTAKE WITH DECLARATION IN SUPPORT NOTICE OF
                 ELECTION OF A CHOICE IN ACTION AND CONVERSION ON ALL
                 LIABILITY by Shane C. Buczek (DZ) (Entered: 02/25/2010)
02/26/2010    60 Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status
                 Conference as to Shane C. Buczek held on 2/26/2010. Plea did not go forward. For
                 the govt. − Mary C. Baumgarten. For the deft. − Shane Buczek, pro se, Brian
                 Comerford Standby Counsel. (Court Reporter Michelle McLaughlin.)(MEAL)
     Case: 1:09-cr-00141-WMS        As of: 11/12/2010 02:57 PM EST             8 of 18

                  (Entered: 03/03/2010)
03/01/2010    59 MANDATORY JUDICIAL NOTICE by Shane C. Buczek. (DR) (Entered:
                 03/01/2010)
03/09/2010    61 MEMORANDUM in support of Notice of defendant as amicus curiae regarding
                 commercial notice appointment of ficudiary debtor by Shane C. Buczek. (DLC)
                 (Entered: 03/10/2010)
03/09/2010    62 NOTICE OF APPOINTMENT OF FIDUCIARY DEBTOR by Shane C. Buczek.
                 (DLC) (Entered: 03/10/2010)
03/09/2010    63 MOTION/GLOBAL DEMAND for malicious, selective, vindictive prosecution to
                 Disqualify, Dismiss Counsel AUSA Anthony Bruce by Shane C. Buczek. (DLC)
                 (Entered: 03/10/2010)
03/11/2010    64 AFFIDAVIT OF TRUTH AND CORPORATE DENIAL by Shane C. Buczek.
                 (DR) (Entered: 03/12/2010)
03/19/2010    65 AFFIDAVIT &NOTICE by Shane C. Buczek. (DR) (Entered: 03/22/2010)
03/24/2010    66 CALENDAR ENTRY as to Shane C. Buczek. A Change of Plea is scheduled for
                 3/25/2010 at 9:00 AM before William M. Skretny, Chief Judge U.S.D.C. (MEAL)
                 (Entered: 03/24/2010)
03/25/2010    67 PLEA AGREEMENT as to Shane C. Buczek. Judge Hon. H. Kenneth Schroeder,
                 Jr no longer assigned to defendant. (DR) (Entered: 03/26/2010)
03/25/2010    68 Minute Entry for proceedings held before William M. Skretny, Chief
                 Judge:Change of Plea as to Shane C. Buczek held on 3/25/2010. Plea agreement
                 entered into and accepted by the Court. Defendant pled guilty to Count 1 of the
                 Indictment. Guilty plea accepted by the Court. A status conference re: sentencing is
                 scheduled for 5/10/2010 at 9:00 AM before William M. Skretny, Chief Judge. Jury
                 selection and jury trial scheduled to commence on 6/28/2010 is canceled.
                 Defendant continued on release. Same terms and conditions to apply. For the govt.
                 − Maura O'Donnell. For the deft. − Shane Buczek, pro se. Brian Comerford,
                 stand−by counsel. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered:
                 03/28/2010)
04/14/2010    69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on February 18, 2010 before Judge Honorable William M. Skretny.
                 Court Reporter/Transcriber Patricia A. Galas, Telephone number 716−853−5600.
                 Transcript may be viewed at the court public terminal or purchased through the
                 Court Reporter/Transcriber before the deadline for Release of Transcript
                 Restriction. After that date it may be obtained through PACER. Redaction Request
                 due 5/5/2010. Redacted Transcript Deadline set for 5/17/2010. Release of
                 Transcript Restriction set for 7/13/2010. (DR) (Entered: 04/15/2010)
05/03/2010    70 NOTICE as to Shane C. Buczek. The Status Conference scheduled for 5/10/2010 at
                 9:00 a.m. before William M. Skretny, Chief Judge is ADJOURNED to 7/9/2010 at
                 10:00 a.m. (Entered: 05/03/2010)
05/12/2010    71 MOTION to Dismiss by Shane C. Buczek. (DR) (Entered: 05/13/2010)
05/20/2010    72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on August 14, 2009 before Judge Honorable Hugh B. Scott. Court
                 Reporter/Transcriber Christi A. Macri, Telephone number 585−613−4310.
                 Transcript may be viewed at the court public terminal or purchased through the
                 Court Reporter/Transcriber before the deadline for Release of Transcript
                 Restriction. After that date it may be obtained through PACER. Redaction Request
                 due 6/10/2010. Redacted Transcript Deadline set for 6/21/2010. Release of
                 Transcript Restriction set for 8/18/2010. (DR) (Entered: 05/20/2010)
06/18/2010    73 MOTION FOR Judgment on the Pleadings by Shane C. Buczek. (DR) (Entered:
                 06/22/2010)
06/29/2010    74 MOTION to take Judicial Notice of the Determination by the DOJ that Title 18
                 (1948) is Unconstitutional and of the Fair Warning Doctrine by Shane C. Buczek.
                 (DR) (Entered: 07/01/2010)
     Case: 1:09-cr-00141-WMS         As of: 11/12/2010 02:57 PM EST                9 of 18
06/29/2010    75 DECLARATION FOR REVOCATION by Shane C. Buczek (Attachments: # 1
                 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(DR) (Entered: 07/01/2010)
07/01/2010         NOTICE as to Shane C. Buczek. The Status Conference scheduled for 7/9/2010 at
                   10:00 AM before William M. Skretny, Chief Judge is ADJOURNED to 7/14/2010
                   at 10:30 AM. (JCD) (Entered: 07/01/2010)
07/01/2010    76 NOTICE as to Shane C. Buczek. The Status Conference scheduled for 7/14/2010 at
                 10:30 AM before William M. Skretny, Chief Judge is ADJOURNED to 7/19/2010
                 at 11:00 AM.(MEAL) (Entered: 07/01/2010)
07/06/2010    77 MOTION/PETITION FOR TRAVEL by Shane C. Buczek. (DR) (Entered:
                 07/07/2010)
07/06/2010    78 NOTICE OF HEARING re: Work Release by Shane C. Buczek (DR) (Entered:
                 07/07/2010)
07/15/2010    79 DEMAND FOR ALL DISCOVERY EVIDENCE as to Shane C. Buczek. (DR)
                 (Entered: 07/16/2010)
07/15/2010    80 CHALLENGE TO SUBJECT MATTER JURISDICTION PROOF OF CLAIM by
                 Shane C. Buczek. (DR) (Entered: 07/16/2010)
07/16/2010    81 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Support Affdavit
                 of Truth by Shane C. Buczek. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
                 Exhibit B continued)(DR) (Entered: 07/19/2010)
07/19/2010    82                                      TEXT ORDER

                   Defendant has filed several post−conviction motions, each of which is improper
                   and lacks merit.

                   First, citing two criminal statutes 18 U.S.C. 241, 242, Defendant argues in his 71
                   Motion to Dismiss that these cases should be dismissed. But neither statute applies
                   in this context and neither serves as grounds for dismissal of this criminal
                   prosecution. Defendant's motion is therefore DENIED.

                   Second, Defendant filed a 73 Motion for Judgment on the Pleadings, wherein he
                   argues that this Court lacks jurisdiction because Title 18 of the United States Code
                   was never properly enacted into law. This argument is a nonstarter, having
                   repeatedly been rejected by the courts. See United States v. Jerdine, No. 01: 08 CR
                   481, 2009 WL 4906564, at *1−*2 (N.D. Ohio Dec. 18, 2009) (collecting cases).
                   Defendant's motion is therefore DENIED.

                   Third, Defendant filed a 74 Motion to Take Judicial Notice, wherein he requests
                   that this Court take judicial notice that Title 18 of the United States Code is invalid
                   and does not confer jurisdiction on this court. For the reasons stated above, this
                   motion is DENIED because the constitutionality of Title 18 has repeatedly been
                   upheld. See Jerdine, supra.

                   Fourth, Defendant has filed a 79 Demand for All Discovery Evidence. This request
                   is denied because Defendant received all of the discovery the government is
                   obligated to provide during the course of this criminal proceeding. To the extent
                   Defendant seeks additional information beyond what he is entitled to in this case,
                   the request is DENIED as outside the scope of this prosecution.

                   Finally, Defendant has filed a 80 Challenge to Subject Matter Jurisdiction, which
                   again challenges the basis of this Court's jurisdiction. As explained above, the
                   constitutionality of Title 18, Section 3231 has been repeatedly upheld and serves as
                   a proper basis for jurisdiction. To the extent Defendant's filing can be interpreted to
                   seek dismissal of this case on jurisdictional grounds, it is DENIED.

                   SO ORDERED.

                   Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/19/2010.(MEAL)
                   (Entered: 07/19/2010)
    Case: 1:09-cr-00141-WMS         As of: 11/12/2010 02:57 PM EST               10 of 18
07/19/2010    83 DECISION AND ORDER DENYING Defendant's 57 Global Demand to Recuse
                 AUSA Anthony Bruce, Kathleen M. Mehltretter, Mary C. Baumgarten, [et al.]
                 &ALL AUS Attorneys In Western District of New York Attorney Office for
                 Conflict of Interest ; DENYING Defendant's 58 Notice of Mistake With
                 Declaration in Support/Notice of Election of a Choice In Action and Conversion on
                 All Liability ; DENYING Defendant's 59 Mandatory Judicial Notice; DENYING
                 Defendant's 63 Global Demand to Dismiss for Malicious, Selective, Vindictive
                 Prosecution and Disqualification of AUSA Anthony Bruce. SO ORDERED.
                 Signed by William M. Skretny, Chief Judge U.S.D.C. on 7/19/2010. (MEAL)
                 (Entered: 07/19/2010)
07/19/2010    84 MOTION to Modify Conditions of Release [Motion Requesting the Court to Add a
                 Condition of Release] by USA as to Shane C. Buczek. (Attachments: # 1 Exhibit
                 A)(O'Donnell, Maura) (Entered: 07/19/2010)
07/19/2010    85 Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status
                 Conference as to Shane C. Buczek held on 7/19/2010. Orders resolving outstanding
                 motions to be filed today. AFPD Comerford moves to withdraw as counsel. Court
                 grants same. Copy of file and original documents produced by defendant to be
                 returned. Court directs AFPD Comerford to keep an accurate accounting regarding
                 same. Court denies Defendant's Motion to Travel without prejudice due to lack of
                 specificity. Defendant to follow directives of scheduling orders. The Court will not
                 grant any adjournments lacking extraordinary circumstances. Sentencing is
                 scheduled for 11/5/2010 at 10:00 AM before William M. Skretny, Chief Judge. For
                 the govt. − Mary C. Baumgarten, Maura O'Donnell. For the deft. − Shane Buczek,
                 pro se, Brian Comerford. For prob. − David Ball, Scott Kawski. (Court Reporter
                 Michelle McLaughlin.)(MEAL) (Entered: 07/21/2010)
07/19/2010         Attorney update in case as to Shane C. Buczek. Attorney Brian P. Comerford
                   terminated. (DR) (Entered: 07/27/2010)
07/23/2010    86                                     TEXT ORDER

                   Defendant has filed a 81 Motion to Dismiss, which again challenges the basis of
                   this Court's jurisdiction. As this Court has explained, the constitutionality of Title
                   18, Section 3231 has been repeatedly upheld and serves as a proper basis for
                   jurisdiction. See United States v. Jerdine, No. 01: 08 CR 481, 2009 WL 4906564,
                   at *1−*2 (N.D. Ohio Dec. 18, 2009) (collecting cases). Defendant's [ 81 motion for
                   dismissal of this case on jurisdictional grounds is DENIED.

                   SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on
                   7/23/2010.(MEAL) (Entered: 07/23/2010)
07/26/2010    87 SCHEDULING NOTICE as to Shane C. Buczek. Presentence Report to Parties due
                 by 9/21/2010. Sentencing Factors Statements/Sentencing Motions due by
                 10/15/2010. Objections/Responses to Sentencing Factors/Motions due by
                 10/22/2010. Motions to Adjourn due by 10/27/2010. Character Letters due by
                 10/29/2010. Presentence Report to the Court due by 10/29/2010. Sentencing is
                 scheduled for 11/5/2010 at 10:00 a.m. before William M. Skretny, Chief Judge
                 U.S.D.C.(MEAL) (Entered: 07/26/2010)
07/26/2010    88                          TEXT ORDER as to Shane C. Buczek.

                   At a status conference on July 19, 2010, this Court discussed Defendant's request
                   that his standby counsel be relieved from representation based on Defendant's view
                   that, among other things, counsel was inaccessible and ineffective. Because
                   standby counsel represented that Defendant's allegations created an actual conflict
                   of interest, this Court granted counsel's request to withdraw. (Docket No. 85.)
                   Defendant then requested that this Court appoint him different standby counsel to
                   assist in his self−representation, one who shares his belief system, understands
                   "public policy," and will be available to him whenever needed.

                   This Court has found on multiple previous occasions that Defendant is competent
                   to stand trial, competent to represent himself, and has voluntarily and knowingly
                   waived his right to counsel. Nonetheless, this Court appointed standby counsel to
                   assist Defendant at trial in whatever way he deemed appropriate. Defendant,
    Case: 1:09-cr-00141-WMS        As of: 11/12/2010 02:57 PM EST                11 of 18

                  however, does not have a right to standby counsel of his choice. See United States
                  v. Mills, 895 F.2d 897. 904 (2d Cir. 1990) (citing United States v. Campbell, 874
                  F.2d 838, 848−49 (1st Cir. 1989)). Having discharged his appointed standby
                  counsel, and the trial having been concluded, this Court finds no cause to appoint
                  different standby counsel for the sentencing phase under the conditions and for the
                  purposes Defendant has articulated. Should Defendant elect to have counsel
                  appointed to assume his representation, he is free to exercise that right at any time.

                  SO ORDERED.

                  Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/25/2010. (MEAL)
                  (Entered: 07/26/2010)
07/28/2010    89 PETITIONER Files MOTION for Reconsideration for Habeas Corpus Relief Due
                 to Error by District Court as a Matter of Law and Lack of Subject Matter
                 Jurisdiction Quorum Clause Challenge Federal Registry Omission by Shane C.
                 Buczek. (DR) (Entered: 07/29/2010)
07/30/2010    90 ***Please Disregard−Corrected Transcript filed 8/2/10 #91***NOTICE OF
                 FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane C. Buczek held
                 on March 25, 2010 before Judge Honorable William M. Skretny. Court
                 Reporter/Transcriber Michelle L. McLaughlin, Telephone number 716−332−3560.
                 Transcript may be viewed at the court public terminal or purchased through the
                 Court Reporter/Transcriber before the deadline for Release of Transcript
                 Restriction. After that date it may be obtained through PACER. Redaction Request
                 due 8/20/2010. Redacted Transcript Deadline set for 8/30/2010. Release of
                 Transcript Restriction set for 10/28/2010. (DR) Modified on 8/2/2010 (DR).
                 (Entered: 08/02/2010)
07/30/2010        E−Filing Notification: 90 ***Please Disregard−Corrected Transcript filed 8/2/10
                  #91***NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
                  Shane C. Buczek held on March 25, 2010 before Judge Honorable William M.
                  Skretny. (DR) Modified on 8/2/2010 (DR). (DR) (Entered: 08/02/2010)
08/02/2010    91 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane
                 C. Buczek held on July 19, 2010 before Judge Honorable William M. Skretny.
                 Court Reporter/Transcriber Michelle M. McLaughlin, Telephone number
                 716−332−3560. Transcript may be viewed at the court public terminal or
                 purchased through the Court Reporter/Transcriber before the deadline for Release
                 of Transcript Restriction. After that date it may be obtained through PACER.
                 Redaction Request due 8/23/2010. Redacted Transcript Deadline set for 9/2/2010.
                 Release of Transcript Restriction set for 11/1/2010. (DR) (Entered: 08/02/2010)
08/05/2010    92 MANDATORY JUDICIAL NOTICE &MOTION for Relief Due to Constitutional
                 Violations of 5th, 6th, 14th Amendments &Due Process Clause for a Lack of
                 Subject Matter Jurisdiction that Title 18, Public law 80−772 is not in the Federal
                 Registry as Required by Law, therefore in Violation of Federal Registry Act &The
                 Administrative Procedure Act by Shane C. Buczek. (DR) (Entered: 08/06/2010)
08/06/2010    93 TEXT ORDER. IT HEREBY IS ORDERED THAT, the Government's 84 Motion
                 Requesting the Court to Add a Condition of Release is DENIED. SO ORDERED.
                 Issued by William M. Skretny, Chief Judge U.S.D.C. on 8/6/2010. (MEAL)
                 (Entered: 08/06/2010)
08/06/2010    94 NOTICE and MOTION TO TRAVEL FREELY and PETITION FOR WORK
                 RELEASE by Shane C. Buczek. (DR) (Entered: 08/09/2010)
08/10/2010    95 AFFIDAVIT in Opposition by USA as to Shane C. Buczek re 94 MOTION to
                 Travel (Attachments: # 1 Exhibit A)(Baumgarten, Mary) (Entered: 08/10/2010)
08/12/2010    96 RESPONSE to Government's Affidavit on Travel Motion &Requests Sanctions for
                 Ex Parte Communications Between Govt. and Probation Department by Shane C.
                 Buczek (DR) (Entered: 08/13/2010)
08/16/2010    97 PETITIONER files Rule(s) (29 &33) Post VOID Plea Motion for Relief Due to
                 Constitutional Violations of the 5th, 6th, 14th, Amendments &Due Process Clause
                 and Rule 81(a)(4) Habeas Corpus Relief by Shane C. Buczek. (DR) (Entered:
    Case: 1:09-cr-00141-WMS        As of: 11/12/2010 02:57 PM EST            12 of 18

                  08/17/2010)
08/16/2010        C.D. of Exhibit "A" received from Shane Buczek re: 97 . Maintained in Clerk's
                  Office. (DR) (Entered: 08/17/2010)
08/16/2010        C.D. of Exhibit "A" received from Shane Buczek re: 97 given to Assistant U.S.
                  Attorney. (DR) (Entered: 08/17/2010)
08/19/2010    98 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT
                 Defendant's 94 Motion to Travel Freely and Petition for Work Release is DENIED.
                 SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on
                 8/18/2010. (MEAL) (Entered: 08/19/2010)
08/23/2010    99 MOTION/PETITION for Determination of a Question of Jurisdiction by Shane C.
                 Buczek. (DR) (Entered: 08/24/2010)
08/27/2010   100 SECOND MOTION to Dismiss by Shane C. Buczek. (DR) (Entered: 08/30/2010)
08/31/2010   101 NOTICE AND DEMAND by Shane C. Buczek. (DR) (Entered: 09/01/2010)
08/31/2010   102 RESTATEMENT OF THE TRUST AND AFFIDAVIT OF TRUTH AND FACT
                 by Shane C. Buczek. (DR) (Entered: 09/01/2010)
09/07/2010   103 JUDICIAL NOTICE to Dismiss for Constitutional Violations of the 5th, 6th, 14th
                 AMENDMENTS &DUE PROCESS CLAUSE FRAUD UPON THE COURT
                 COUNTERFEIT &FORGED SECURITIES VIOLATIONS COURT LACKS
                 SUBJECT MATTER JURISDICTION FOR NUMEROUS REASONS
                 ENUMERATED HEREIN by Shane C. Buczek (Attachments: # 1 Continuation, #
                 2 Continuation, # 3 Continuation)(DR) (Entered: 09/08/2010)
09/07/2010   104 NOTICE of COMPLAINT Court to take Judicial Notice Under Federal Rules of
                 Evidence 201(f) by Shane C. Buczek (DR) (Entered: 09/08/2010)
09/09/2010   105 PETITION TO SETTLE THE DISPUTE WITH FACTS AND LAW AND
                 ORDER FOR THE FEDERAL COMPTROLLER TO SETTLE THE ALLEGED
                 DEBT by Shane C. Buczek. (DR) (Entered: 09/10/2010)
09/09/2010   106 Second Petition for Determination of Questions of Jurisdiction by Shane C.
                 Buczek. (DR) (Entered: 09/10/2010)
09/14/2010   107 JUDICIAL NOTICE of emails received February 17, 2010 Court to take Judicial
                 Notice under Federal Rules of Evidence 201(F) by Shane C. Buczek. (DR)
                 (Entered: 09/15/2010)
09/14/2010   108 JUDICIAL NOTICE Of BOP Letter dated July 27, 2009 SHOWING no quorum
                 was in place on May 12, 1947 and Public Law 80−772 was never constitutionally
                 passed by Congress. Court to take Judicial Notice under Federal Rules of Evidence
                 201(f) by Shane C. Buczek. (DR) (Entered: 09/15/2010)
09/21/2010   109 ***Please disregard−entered on wrong file***JUDICIAL NOTICE OF
                 ADMINISTRATIVE NOTICE IN THE NATURE OF WRIT OF CORAM NOBIS
                 NON JUDICE &A DEMAND FOR DISMISSAL &REVERSAL OF
                 CONVICTION AND PLEA FOR LACK OF JURISDICTION Court to take
                 Judicial Notice under Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR)
                 Modified on 9/22/2010 (DR). (Entered: 09/22/2010)
09/21/2010   110 ***Please disregard−entered on wrong file***JUDICIAL NOTICE OF
                 FRANKLIN D. ROOSEVELT 1933 EXECUTIVE ORDER Order No. 4862 ALL
                 PROPERTY HELD IN TRUST Court to take Judicial Notice under Federal Rules
                 of Evidence 201(f) by Shane C. Buczek. (DR) Modified on 9/23/2010 (DR).
                 (Entered: 09/22/2010)
09/21/2010   111 JUDICIAL NOTICE OF FANKLIN D. ROOSEVELT 1933 EXECUTIVE
                 ORDER Order No. 4862 ALL PROPERTY HELD IN TRUST Court to take
                 Judicial Notice under Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR)
                 (Entered: 09/23/2010)
09/21/2010   112 JUDICIAL NOTICE OF MEMORANDUM OF POINTS AND AUTHORITIES
                 Arrest is presumed to be false; FBI AGENT has the burden of proof Court to take
    Case: 1:09-cr-00141-WMS        As of: 11/12/2010 02:57 PM EST            13 of 18

                  Judicial Notice under Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR)
                  (Entered: 09/23/2010)
09/21/2010   113 JUDICIAL NOTICE OF ADMINISTRATIVE NOTICE IN THE NATURE OF
                 WRIT OF CORAM NOBIS NON JUDICE &A DEMAND FOR DISMISSAL
                 &REVERSAL OF CONVICTION AND PLEA FOR LACK OF JURISDICTION
                 Court to take Judicial Notice under Federal Rules of Evidence 201(f) by Shane C.
                 Buczek. (DR) (Entered: 09/23/2010)
09/27/2010   114 JUDICIAL NOTICE OF LETTER ROGATORY BENEFICIARY CLAIM by
                 Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010   115 JUDICIAL NOTICE Of 5 USC Sec. 557(c) (3) Findings of Fact and conclusions of
                 law required for all decisions Court to take Judicial Notice under Federal Rules of
                 Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010   116 JUDICIAL NOTICE OF LEGAL NOTICE AND DEMAND AFFIDAVIT IN
                 SUPPORT by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010   117 JUDICIAL NOTICE OF INDICTMENTS SHALL RUN IN THE NAME OF THE
                 United States by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010   118 JUDICIAL NOTICE Of Petition for Writ of Habeas Corpus
                 1:10−CV−00383−WMS by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010   119 JUDICIAL NOTICE Of AFFIDAVIT OF SILVER SURETY by Shane C. Buczek.
                 (DR) (Entered: 09/28/2010)
09/28/2010   120 JUDICIAL NOTICE Of Wakeup Call Documentary about the New World Order
                 AND THE Banking System by Shane C. Buczek. (DR) (Entered: 09/29/2010)
09/28/2010   121 JUDICIAL NOTICE Of AFFIDAVIT OF TRUTH AND CORPORATE DENIAL
                 AFFIDAVIT OF TRUTH by Shane C. Buczek. (DR) (Entered: 09/29/2010)
09/28/2010   122 JUDICIAL NOTICE Of Judicial Notice to Dismiss for: Relief Due to
                 Constitutional Violations of the 5th, and 6th Amendments in that Petitioner Has
                 incurred Double Jeopardy Violations Due to Fraud on the Court and Lack of
                 Subject Matter Jurisdiction &Conflict of Interest Issues on the Court &Trading
                 Counterfeit Securities Due Process Clause Errors &XIII Amendment Peonage
                 Violations by Shane C. Buczek. (DR) (Entered: 09/29/2010)
09/29/2010   123 JUDICIAL NOTICE Of Mandatory Judicial Notice &Motion for Relief Due To
                 Constitutional Violations of 5th, 6th, 14th Amendments &Due Process Clause for a
                 Lack of Subject Matter Jurisdiction that Title 18, Public law 80−771 is not in the
                 Federal Registry as Required by Law, therefore in Violation of Federal Registry
                 Act &The Administrative Procedure Act (SECOND AMENDED) by Shane C.
                 Buczek. (DR) (Entered: 10/01/2010)
09/29/2010   124 JUDICIAL NOTICE Of FREEDOM OF INFORMATION ACT REQUEST 5
                 U.S.C. Section 552 OATH OF OFFICE FEDERAL JUDGES Court to take
                 Judicial Notice under Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR)
                 (Entered: 10/01/2010)
09/29/2010   125 JUDICIAL NOTICE Of FREEDOM OF INFORMATION ACT REQUEST 5
                 U.S.C. Section 552 OATH OF OFFICE AUSA Court to take Judicial Notice under
                 Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 10/01/2010)
10/01/2010   126 JUDICIAL NOTICE &DEMAND For an EVIDENTIARY HEARING To Put
                 Forth an OFFER of PROOF As per the Rules of Evidence, Rule 102(d)(e) and
                 Supreme Court Constitutional Quorum Clause Challenge and Lack of Subject
                 Matter Jurisdiction Court to take Judicial Notice under Federal Rules of Evidence
                 201(f) by Shane C. Buczek. (DR) (Entered: 10/04/2010)
10/05/2010   127 MOTION for default judgment by Shane C. Buczek. (DZ) (Entered: 10/06/2010)
10/05/2010   128 MANDATORY JUDICIAL NOTICE re: default judgment by Shane C. Buczek
                 (DZ) (Entered: 10/06/2010)
    Case: 1:09-cr-00141-WMS        As of: 11/12/2010 02:57 PM EST             14 of 18
10/05/2010   129 JUDICIAL NOTICE by Shane C. Buczek to dismiss for Constitutional Violations
                 (DZ) (Entered: 10/06/2010)
10/05/2010   130 JUDICIAL NOTICE and Demand for an evidentiary hearing by Shane C. Buczek
                 (DZ) Text Modified on 10/6/2010 (DZ). (Entered: 10/06/2010)
10/05/2010   131 AMENDED MANDATORY JUDICIAL NOTICE AND DEMAND for an
                 evidentiary hearing by Shane C. Buczek. (DZ) text modified on 10/6/2010 (DZ).
                 (Entered: 10/06/2010)
10/05/2010   132 MANDATORY JUDICIAL NOTICE AND DEMAND for an evidentiary hearing
                 to put forth an offer of proof by Shane C. Buczek (DZ)text modified on 10/6/2010
                 (DZ). (Entered: 10/06/2010)
10/05/2010   133 MANDATORY JUDICIAL NOTICE of Petition Subject Matter Jurisdiction Court
                 to take Judicial Notice under Federal Rules of Evidence 201(d) and (f) by Shane C.
                 Buczek (Attachments: # 1 continuation of document, # 2 continuation of
                 document)(DZ) (Entered: 10/06/2010)
10/08/2010   134 AMENDED JUDICIAL NOTICE Of Judicial Notice to Dismss for: Relief Due to
                 Constitutional Violations of the 5th, and 6th Amendments by Shane C. Buczek.
                 (DR) (Entered: 10/12/2010)
10/08/2010   135 JUDICIAL NOTICE Of Mandatory Judicial Notice &Motion for Relief Due to
                 Constitutional Violations of 5th, 6th, 14th Amendments &Due Process Clause by
                 Shane C. Buczek. (DR) (Entered: 10/12/2010)
10/08/2010   136 MOTION For Adjournment and Extension of time for GOOD CAUSE to adjourn
                 sentencing date by Shane C. Buczek. (DR) (Entered: 10/12/2010)
10/08/2010   137 AFFIDAVIT in Support by Shane C. Buczek re 136 MOTION. (DR) Modified on
                 10/13/2010 to correct filing date(DR). (Entered: 10/12/2010)
10/08/2010   138 MANDATORY JUDICIAL NOTICE of USC TITLE 18 4001 (a) Limitation on
                 detention; control of prisons Court to take Judicial Notice under Federal Rules of
                 Evidence 201(d) and (f) by Shane C. Buczek. (DR) (Entered: 10/13/2010)
10/12/2010   139 MANDATORY JUDICIAL NOTICE of Responses to: Foreign Agent AUSA Mr.
                 Anthony Bruce by Shane C. Buczek.(CMD) (Entered: 10/14/2010)
10/12/2010   140 MANDATORY JUDICIAL NOTICE OF USC TITLE 28 PART VI CHAPTER
                 176 SUBCAHPTER A § 3002 15(a) United States means a Federal Corporation by
                 Shane C. Buczek. (CMD) (Entered: 10/14/2010)
10/12/2010   141 PETITIONER RESPONSE to Govt. for Rule (29 &33) Post Conviction Motion for
                 Relief Due to Constitutional Violations of the 5th, 6th and 14th Amendments and
                 Due Process Clause by Shane C. Buczek. (CMD) (Entered: 10/14/2010)
10/12/2010   142 PETITIONER RESPONSE to Govt. for Rule (29 &33) Post Conviction Motion for
                 Relief Due to Constitutional Violations of the 5th, 6th and 14th Amendments and
                 Due Process Clause by Shane C. Buczek. (CMD) (Entered: 10/14/2010)
10/13/2010   143 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Shane C.
                 Buczek (Attachments: # 1 Exhbiit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
                 D).(CMD) (Entered: 10/14/2010)
10/14/2010   147 SECOND AMENDED Petitioner Response to Govt. For Rule (29 &33) Post
                 Conviction Motion for Relief Due To Constitutional Violations of the 5th, 6th,
                 14th, Amendments &Due Process Clause and Confrontational Clause of Sixth
                 Amendment NOTICE OF DEFAULT (AMENDED) by Shane Buczek. (DR)
                 (Entered: 10/18/2010)
10/15/2010   144 SENTENCING MEMORANDUM by USA as to Shane C. Buczek (Baumgarten,
                 Mary) (Entered: 10/15/2010)
10/15/2010   145 STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to
                 Shane C. Buczek (Baumgarten, Mary) (Entered: 10/15/2010)
10/15/2010   148 MANDATORY JUDICIAL NOTICE Of WISHING NO CONTRACT WITH A
                 FOREIGN AGENT'S by Shane C. Buczek. (DR) (Entered: 10/18/2010)
    Case: 1:09-cr-00141-WMS         As of: 11/12/2010 02:57 PM EST              15 of 18
10/15/2010   149 MANDATORY JUDICIAL NOTICE Of Washington State Department of
                 Licensing Uniform Commercial Code PROPERTY LIST REVENUE TRACKING
                 NUMBER 1230830 "2009−344−6800−0 RECORED WITH THE
                 Nationalrepublicregistry.com 1/29/2010 by Shane C. Buczek. (DR) (Entered:
                 10/18/2010)
10/18/2010   146 RESPONSE in Opposition by USA as to Shane C. Buczek re 136 MOTION
                 Government's Response to Defendant's Motion to Adjourn (O'Donnell, Maura)
                 (Entered: 10/18/2010)
10/18/2010   150 MANDATORY JUDICIAL NOTICE of Responses TO: SENTENCING
                 FACTORS AND MEMORANDUM BY FOREIGN AGENT'S WITH NO
                 JURISDICTION AND RACKETEERING ACTIVITY'S 18 USC SEC.1961 by
                 Shane C. Buczek (Attachments: # 1 Continuation, # 2 Continuation)(DR) (Entered:
                 10/20/2010)
10/20/2010   152 Petitioner's Answer to Govt. on his MOTION For Adjournment and Extension of
                 time for GOOD CAUSE to adjourn sentencing date by Shane C. Buczek
                 (Attachments: # 1 Continuation)(DR) (Entered: 10/22/2010)
10/20/2010   153 MANDATORY JUDICIAL NOTICE of MEMORANDUM ON JUDICIAL
                 NOTICE TO FOREIGN AGENT'S by Shane C. Buczek. (DR) (Entered:
                 10/22/2010)
10/20/2010   154 Motion and Mandatory Judicial Notice Rule 201 (d),(e) and (f) CONFLICT of
                 INTERST Fraud on the Court &Fraud against Petitioner Due Process Violations
                 Demand for immediate Dismissal of all indictments, actions against him by Shane
                 C. Buczek. (DR) (Entered: 10/22/2010)
10/20/2010   155 Affidavit of Motion and Mandatory Judicial Notice Rule 201(e)(f) CONFLICT OF
                 INTEREST: Motion for Dismissal for Fraud and Lack of Subject Matter
                 Jurisdiction by Shane C. Buczek. (DR) (Entered: 10/22/2010)
10/20/2010   156 MANDATORY JUDICIAL NOTICE of Public law 80−772 is invalid by Shane C.
                 Buczek. (DR) (Entered: 10/22/2010)
10/22/2010   151 MOTION to Revoke Notice of Motion and Motion for Bail Revocation and
                 Affidavit by USA as to Shane C. Buczek. (O'Donnell, Maura) (Entered:
                 10/22/2010)
10/22/2010   158 Supplemental/AMMENDED OBJECTIONS to Presentence Report by Shane C.
                 Buczek (Attachments: # 1 Continuation, # 2 Continuation)(DR) (Entered:
                 10/25/2010)
10/22/2010   160 NOTICE OF MOTION FOR Dismissal for lack of Subject Matter Jurisdiction
                 "Quorum Clause" by Shane C. Buczek. (DR) (Entered: 10/25/2010)
10/22/2010   161 Motion to Dismiss for Lack of Subject Matter Jurisdiction by Shane C. Buczek.
                 (DR) (Entered: 10/25/2010)
10/22/2010   162 AFFIDAVIT in Support by Shane C. Buczek re 161 MOTION to Dismiss (DR)
                 (Entered: 10/25/2010)
10/22/2010   163 MANDATORY JUDICIAL NOTICE of SUPPLEMENTAL Reponses TO:
                 SENTENCING FACTORS AND MEMORANDUM BY FOREIGN AGENT'S
                 WITH NO JURIDSICTION AND RACKETEERING ACTIVITY'S by Shane C.
                 Buczek. (DR) (Entered: 10/25/2010)
10/25/2010   157                                     TEXT ORDER

                   Presently before this Court is the government's 151 Motion to Revoke Bail. The
                   government's motion is premised on its contention that Defendant violated the
                   conditions of his release by filing a self−drafted, multi−page document containing
                   an incomplete, unexecuted "arrest warrant," which purports to command the arrest
                   of a federal prosecutor under the authority of a "Constitutional Private Grand Jury."
                   The government contends that this filing constitutes a threat against the prosecutor.
                   It is patently clear, however, that this document is but one of many that Defendant
                   has filed espousing various "tax protestor" and "redemption theory" beliefs. The
                   purported "arrest warrant" holds no legal significance and, in the context of this
    Case: 1:09-cr-00141-WMS         As of: 11/12/2010 02:57 PM EST               16 of 18

                   case, cannot reasonably be construed as a threat against a federal official. The
                   government's Motion to Revoke Bail is DENIED.

                   SO ORDERED.

                   Issued by William M. Skretny, Chief Judge U.S.D.C. on 10/22/2010. (CMD)
                   (Entered: 10/25/2010)
10/25/2010   159 NOTICE OF HEARING Constitutional Quorum by Shane C. Buczek. (DR)
                 (Entered: 10/25/2010)
10/25/2010   164 NOTICE OF HEARING Federal Registry Violations by Shane C. Buczek. (DR)
                 (Entered: 10/26/2010)
10/25/2010   165 AFFIDAVIT OF PETITIONER to Answer governments motion for bail revocation
                 by Shane C. Buczek (Attachments: # 1 Continuation)(DR) (Entered: 10/26/2010)
10/25/2010   166 Petitioner's Answer to Govt. on his MOTION for Adjournment and Extension of
                 time for GOOD CAUSE to adjourn sentencing date and Stay of Proceedings by
                 Shane C. Buczek. (DR) (Entered: 10/26/2010)
10/25/2010   167 NOTICE OF MOTION AND ANSWER TO GOVERNMENT "AFFIDAVIT OF
                 PETITIONER" to Answer governments motion for bail revocation and Petitioner's
                 Motion to Dismiss by Shane C. Buczek. (DR) (Entered: 10/26/2010)
10/26/2010   168 NOTICE OF HEARING SIXTH AMENDMENT by Shane C. Buczek. (DR)
                 (Entered: 10/27/2010)
10/29/2010   170 NOTICE OF HEARING Constitutional Quorum by Shane C. Buczek. (DR)
                 (Entered: 11/01/2010)
10/29/2010   171 NOTICE OF HEARING Federal Registry Violations by Shane C. Buczek. (DR)
                 (Entered: 11/01/2010)
10/29/2010   172 SECOND NOTICE OF MOTION for Adjournment and Extension of Time for
                 Good Cause to Adjourn Sentencing date and Stay of Proceedings by Shane C.
                 Buczek. (CMD) (Entered: 11/01/2010)
10/29/2010   173 SECOND AMENDED Petitioner's Answer to MOTION for Adjournment and
                 Extension of time for GOOD CAUSE to adjourn sentencing date and Stay of
                 Proceeding by Shane C. Buczek. (DR) (Entered: 11/01/2010)
10/29/2010   174 NOTICE OF HEARING Counterfeit Security Fraud by Shane C. Buczek. (DR)
                 (Entered: 11/01/2010)
11/01/2010   169                                      TEXT ORDER

                   Defendant seeks a 90−day adjournment of his previously−scheduled November 5,
                   2010, sentencing date. He maintains that he has "new evidence" and that an
                   adjournment is necessary to allow for evidentiary hearings on the government's
                   standing to bring criminal charges against him and the propriety of this Court's
                   jurisdiction. Defendant will apparently seek to prove his Quorum Clause and
                   redemption theories through evidence and witness testimony. Defendant wishes to
                   prove that an entity other than the government − the "holder−in−due−course" of
                   original instruments − is the party with proper standing. This and other courts have
                   repeatedly rejected this brand of theories.

                   Defendant's 136 Motion for Adjournment is denied. Defendant does not allege any
                   new evidence going to the substance of his convictions or that would possibly
                   merit a new trial. Defendant has raised his Quorum Clause and redemption theories
                   throughout this case and they have been rejected at every turn. Sentencing will go
                   forward November 5, 2010, at 10:00 a.m.

                   SO ORDERED.

                   Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/1/2010.

                   (MEAL) (Entered: 11/01/2010)
    Case: 1:09-cr-00141-WMS         As of: 11/12/2010 02:57 PM EST              17 of 18
11/01/2010   175 Affidavit and Motion For and Notice of Default Judgment in that Government has
                 failed to Respond in a timely Manner to Petitioner's Post Trial Motions in violation
                 of Rule 55 and Rule 8(d) FR.Cv.P. Effect of failure to Denied by Shane C. Buczek.
                 (DR) (Entered: 11/02/2010)
11/01/2010   176 MANDATORY JUDICIAL NOTICE Of AFFIDAVIT or AFFIRMATION of
                 TRUTH TO THE CLERK OF COURT by Shane C. Buczek..(DR) (Entered:
                 11/02/2010)
11/01/2010   177 MANDATORY JUDICIAL NOTICE Of CERTIFICATE OF
                 DISHONOR/BREACH AND NON−RESPONSE, NO CONTRACT WITH
                 PROBATION REPORT BY FOREIGN AGENT'S by Shane C. Buczek. (DR)
                 (Entered: 11/02/2010)
11/02/2010   178 MOTION and NOTICE OF MOTION For Dismiss for Prosecutorial misconduct
                 And NOTICE And DEMAND to Answer and prove they have Subject Matter
                 Jurisdiction in all three cases ANSWER WITHIN THREE DAYS by Shane C.
                 Buczek. (DR) (Entered: 11/03/2010)
11/02/2010   179 MOTION AND AFFIDAVIT Prosecutorial misconduct And NOTICE and
                 DEMAND to Answer and prove they have Subject Matter Jurisdiction in all three
                 cases ANSWER WITHIN THREE DAYS by Shane C. Buczek. (DR) (Entered:
                 11/03/2010)
11/02/2010   180 MOTION and NOTICE OF MOTION For Reconsideration and Affidavit to Rebut
                 Judicial Order denying adjournment for sentencing And time for Evidentiary
                 Hearing For GOOD CAUSE And DEMAND for PROOF by Shane C. Buczek.
                 (DR) (Entered: 11/03/2010)
11/02/2010   181 MOTION FOR RECONSIDERATION AND AFFIDAVIT TO REBUT
                 JUDICIAL ORDER DENYING ADJOURMENT FOR SENTENCING AND
                 TIME FOR EVIDENTIARY HEARINGS for GOOD CAUSE &DEMAND for
                 PROOF and ANSWER WITHIN THREE DAYS by Shane C. Buczek. (DR)
                 (Entered: 11/03/2010)
11/03/2010   182                         TEXT ORDER as to Shane C. Buczek.

                   IT HEREBY IS ORDERED, that Defendant's 172 Second Motion to Adjourn
                   Sentencing is DENIED. FURTHER, that Defendant's 180 181 Motions for
                   Reconsideration of this Court's denial of his first Motion to Adjourn sentencing are
                   DENIED, there being no good cause to reconsider the prior decision. Sentencing
                   will go forward November 5, 2010, at 10:00 a.m.

                   SO ORDERED.

                   Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/3/2010.

                   (MEAL) (Entered: 11/03/2010)
11/03/2010   183 ORDER as to Shane C. Buczek DENYING Defendant's 89 92 103 104 107 108
                 111 112 113 114 115 116 117] 118 119 120 121 122 123 124 125 128 129 131 132
                 133 134 135 138 139 140 148 149 150 156 176 177 99 106 100 105 126 130 127
                 160 161 154 175 Motions as specified. Signed by William M. Skretny, Chief Judge
                 U.S.D.C. on 11/3/2010.(MEAL) (Entered: 11/03/2010)
11/04/2010   184                                     TEXT ORDER

                   Defendant has moved for dismissal of the three indictments against him based on
                   alleged prosecutorial misconduct. Defendant has already been convicted on all
                   three indictments and awaits sentencing. In sum, the basis of Defendant's motion is
                   that the prosecutors proceeded with the criminal cases in the absence of proper
                   subject−matter jurisdiction. Defendant again relies on his Quorum Clause
                   arguments, which hold no merit and have been repeatedly rejected in this and other
                   criminal cases. Defendant's 178 179 motions are therefore DENIED. SO
                   ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/4/2010.
                   (CMD) (Entered: 11/04/2010)
    Case: 1:09-cr-00141-WMS         As of: 11/12/2010 02:57 PM EST             18 of 18
11/04/2010   185                                    TEXT ORDER

                   On March 25, 2010, Defendant entered a guilty plea that encompassed Count 1 of
                   the Indictment in this case: a violation of 18 U.S.C. 401(3) (contempt of court).
                   Defendant has moved for vacate his plea and to dismiss the indictment in this case
                   on the grounds that 18 U.S.C. 401(3) is not an indictable offense. Defendant does
                   not cite any legal authority to support his position, which appears to be based
                   solely on his personal interpretation of the statute. Because 18 U.S.C. 401 is a
                   properly−enacted criminal statute, it constitutes an indictable offense.
                   Consequently, there is no basis to vacate Defendant's guilty plea or dismiss the
                   indictment. Defendant's 97 motion is DENIED.

                   SO ORDERED.

                   Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/4/2010. (CMD)
                   (Entered: 11/04/2010)
11/05/2010   186 Minute Entry for proceedings held before William M. Skretny, Chief Judge:
                 Sentencing held on 11/5/2010 for Shane Buczek on Count 1 of the Indictment
                 (Misdemeanor). 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. The Court resolves all outstanding objections to
                 presentence report and deposes of all collateral issues. Total Offense Level: 17.
                 Criminal History Category II. The Defendant is sentenced to the custody of the
                 BOP for a term of 12 months to run concurrent to Count I of 08−CR−54 and Count
                 1 of 09−CR−121 but consecutive to Count 2 of 09−CR−121S. Upon release from
                 imprisonment the defendant is placed on supervised release for a term of 1 year to
                 run concurrent to the term of supervised release imposed in 09−CR−121 and
                 08−CR−54. While on supervised release the defendant shall abide by the following
                 conditions: The defendant shall abide by the standard conditions of supervised
                 release as promulgated in the WDNY. The defendant shall not commit any crimes,
                 federal, state or local. The defendant shall be prohibited from possessing a firearm
                 or other dangerous device. Mandatory drug testing imposed. The defendant shall
                 submit to a search of his person, property, vehicle, place of residence or any other
                 property under his control and permit confiscation of any evidence or contraband
                 discovered. No fines, fees or costs imposed. The defendant shall pay a SPA in the
                 amount of $25.00. The Court imposes sentence as stated. The government moves
                 for dismissal of the open counts of the indictment as to this defendant. Court grants
                 same. Court directs preparation of judgment of conviction. Defendant's request for
                 voluntary surrendar denied. Defendant remanded. For the govt. − Mary C.
                 Baumgarten, Maura O'Donnell. For the deft. − Shane Buczek, pro se. For prob. −
                 Kathleen Horvatits. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered:
                 11/05/2010)
11/09/2010   187 JUDGMENT as to Shane C. Buczek (1), Count(s) 1. Additional certified copies
                 forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department.
                 Signed by Hon. William M. Skretny on 11/9/10.(DR) (Entered: 11/09/2010)
11/10/2010   188 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Shane C. Buczek.
                 (DR) (Entered: 11/10/2010)
11/10/2010   189 Sealed Document as to Shane C. Buczek. (DR) (Entered: 11/10/2010)

				
DOCUMENT INFO
Description: Bob Hurt provides Shane Buczek's indictment and sentencing for false ID (054), bank fraud (121), and criminal contempt (141)