Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 1 of 29 2255, CLOSED U.S. District Court Eastern District of Virginia - (Alexandria) CRIMINAL DOCKET FOR CASE #: 1:03-cr-00296-LMB-6 Case title: USA v. Royer et al Related Case: 1:08-cv-00517-LMB Assigned to: District Judge Leonie M. Brinkema Appeals court case numbers: '05-4818', '10-6338' '4th Circuit', 04-4520 Defendant (6) Seifullah Chapman TERMINATED: 07/29/2005 represented by John Kenneth Zwerling Zwerling, Leibig &Moseley, PC 108 N Alfred St Alexandria, VA 22314 (703) 684-8000 Email: jz@zwerling.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Lisa Bondareff Kemler John Kenneth Zwerling PC 108 N Alfred St Alexandria, VA 22313 (703) 684-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Veta Medica Carney Carney &Carney 601 Pennsylvania Ave NW Suite 900 Washington, DC 20004 (202) 434-8234 Email: VetaJohn@msn.com TERMINATED: 09/08/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts None Highest Offense Level (Opening) None Terminated Counts (18:371.F) 18:371 Conspiracy (Ct.1 01-2000 to 06-2003) (1) (18:371.F) 18:371 Conspiracy (Ct.1 2000-2003) Disposition DISMISSED BOP for 60 Months, w/credit for time served; 3 Yrs Supervised Release; S/A Disposition Date Filed: 06/25/2003 Date Terminated: 07/29/2005 Case: 1:03-cr-00296-LMB (1s) As of: 07/11/2011 04:58 PM EDT 2 of 29 $100.00 (NO CHANGE PER RESENTENCING JUDGMENT 7/29/05: 60 mos. as to Count 1) DISMISSED (18:960.F) 18:960 &2(a) Commencing an expedition against a friendly nation (Ct.3 09-26-2000) (3) (18:960.F) 18:960 Commencing an expedition against a friendly nation (Ct.4 09-2001) (4) (18:960.F) 18:960 &2(a) Commencing an expedition against a friendly nation (Ct.5 10-2001) (5) (18:2339A.F) 18:2339A Conspiracy to Contribute Material Support to Lashkar-e-Taiba (Ct.5 2003) (5s) (18:960.F) 18:960 Commencing an Expedition Against a Friendly Nation (Ct.8 09-26-2000) (8s) (18:960.F) 18:960 Commencing an Expedition Against a Friendly Nation (Ct.9 09-2001) (9s) (18:924G.F) 18:924(g) &2(a) Acquisition of firearm after arrival from foreign country with intent to engage in crime of violence (Ct.11 09-17-2000) (11) (18:9240.F) 18:924(o) Conspiracy to Possess and Use Firearms in Connection with a Crime of Violence (Ct.11 2003) (11s) (18:924G.F) 18:924(g) &2(a) Acquisition of firearm after arrival from foreign country with intent to engage in crime of violence (Ct.12 12-18-2000) (12) (18:924H.F) 18:924(h) &2(a) Transfer of a firearm for use in a crime of violence (Ct.13 01-10-2000) (13) (18:924H.F) 18:924(h) &2(a) Transfer of a firearm for use in a crime of violence (Ct.14 09-17-2000) (14) (18:924H.F) 18:924(h) &2(a) Transfer of a firearm for use in a crime of violence (Ct.15 12-18-2000) (15) DISMISSED DISMISSED BOP for 180 Months, to be served concurrently w/Count 1; 3 Yrs Supervised Release; S/A $100.00 PER RESENTENCING JUDGMENT 7/29/05: CHANGED TO 120 mos. concurrently w/ Count 1. Dismissed upon Rule 29 Motion of the Defendant Not Guilty DISMISSED BOP for 360 Months, to be served concurrently w/Counts 1 and 5; 3 Yrs Supervised Release; S/A $100.00 PER RESENTENCING JUDGMENT 7/29/05: CHANGED TO 120 mos. concurrently w/ Counts 1 and 5. DISMISSED DISMISSED DISMISSED DISMISSED Dismissed upon Motion of the Defendant Case: 1:03-cr-00296-LMB (18:1001.F) 18:1001(a) False Official Statements (Ct.15 07-15-2003) (15s) (18:9240.F) 18:924(o) &(c) Conspiracy to possess and use a firearm in connection with a crime of violence (Ct.16 June 2003) (16) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of Violence (Ct.19 09-2000) (19s) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of Violence (Ct.20 12-2000) (20s) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of Violence (Ct.21 06-2001) (21s) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of Violence (Ct.22 09-2001) (22s) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of Violence (Ct.24 10-2001) (24s) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of Violence (Ct.25 10-2001) (25s) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of Violence (Ct.26 10-2001) (26s) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of Violence (Ct.27 10-2001) (27s) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of VIolence (Ct.28 07-2002) (28s) (18:924C.F) 18:924(c) &2(a) Using a firearm in connection with a crime of violence (Ct.29 10-06-2000) (29) (18:924C.F) 18:924(c) &2(a) Using a firearm in connection with a crime of violence (Ct.31 12-18-2000) (31) Highest Offense Level (Terminated) As of: 07/11/2011 04:58 PM EDT 3 of 29 DISMISSED Dismissed upon Rule 29 Motion of the Defendant BOP for 300 Months, to be served consecutively to Counts 1, 5, and 11; 3 Yrs Supervised Release; S/A $100.00 NO CHANGE PER RESENTENCING JUDGMENT 7/29/05: 300 mos. consecutively to Counts 1, 5 and 11. Not Guilty BOP for 360 Months, to be served consecutively to Count 20; 3 Yrs Supervised Release; S/A $100.00 NO CHANGE PER RESENTENCING JUDGMENT 7/29/05: 360 mos. consecutively to Count 20. Dismissed upon Rule 29 Motion of the Defendant Dismissed upon Rule 29 Motion of the Defendant Dismissed upon Rule 29 Motion of the Defendant Dismissed upon Rule 29 Motion of the Defendant Dismissed upon Rule 29 Motion of the Defendant DISMISSED DISMISSED Case: 1:03-cr-00296-LMB Felony Complaints None As of: 07/11/2011 04:58 PM EDT 4 of 29 Disposition Plaintiff USA represented by David H. Laufman United States Attorney's Office 2100 Jamieson Ave Alexandria, VA 22314 **NA** (703) 299-3700 Email: USAVAE.ALX.ECF.TNS@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon D. Kromberg United States Attorney's Office 2100 Jamieson Ave Alexandria, VA 22314 (703)299-3700 Email: gordon.kromberg@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed 06/25/2003 # Docket Text 1 SEALED INDICTMENT as to Randall Todd Royer (1) count(s) 1, 2, 3, 5, 11, 16, 23, 27, 28, 32, 33, 34, 35, 36, Ibrahim Ahmed Al-Hamdi (2) count(s) 1, 3, 12, 16, 24, 27, 31, 37, Masoud Ahmad Khan (3) count(s) 1, 3, 5, 16, 25, 33, 34, 35, 36, 41, Yong Ki Kwon (4) count(s) 1, 3, 5, 11, 13, 14, 16, 28, 34, Mohammed Aatique (5) count(s) 1, 5, 16, 33, 34, Seifullah Chapman (6) count(s) 1, 3, 4, 5, 11, 12, 13, 14, 15, 16, 29, 31, Hammad Abdur-Raheem (7) count(s) 1, 3, 5, 7, 8, 9, 10, 11, 13, 14, 16, 18, 19, 20, 39, Donald Thomas Surratt, II (8) count(s) 1, 3, 5, 6, 16, 19, 21, 40, Caliph Basha Ibn Abdur-Raheem (9) count(s) 1, 8, 16, 18, 22, 38, Khwaja Mahmood Hasan (10) count(s) 1, 5, 16, 17, 30, 33, 34, 35, 36, Sabri Benkhala (11) count(s) 1, 16, 26 (pmet) Modified on 09/02/2003 (Entered: 06/25/2003) Arrest WARRANT issued as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Masoud Ahmad Khan, Yong Ki Kwon, Mohammed Aatique, Seifullah Chapman, Hammad Abdur-Raheem, Donald Thomas Surratt, Caliph Basha Ibn Abdur-Raheem, Khwaja Mahmood Hasan, Sabri Benkhala (pmet) (Entered: 06/26/2003) 2 MOTION by USA as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Masoud Ahmad Khan, Yong Ki Kwon, Mohammed Aatique, Seifullah Chapman, Hammad Abdur-Raheem, Donald Thomas Surratt, Caliph Basha Ibn Abdur-Raheem, Khwaja Mahmood Hasan, Sabri Benkhala by plaintiff to Seal [1-1] indictment , warrant -until executed or 10:00am on 06-30-2003, whichever comes first. (pmet) (Entered: 06/26/2003) 3 ORDER granting [2-1] motion by plaintiff to Seal [1-1] indictment &warrants as to Randall Todd Royer (1), Ibrahim Ahmed Al-Hamdi (2), Masoud Ahmad Khan (3), Yong Ki Kwon (4), Mohammed Aatique (5), Seifullah Chapman (6), Hammad Abdur-Raheem (7), Donald Thomas Surratt (8), Caliph Basha Ibn Abdur-Raheem (9), Khwaja Mahmood Hasan (10), Sabri Benkhala (11) ( Signed by Magistrate Judge Thomas R. Jones Jr. ) ORDERED that the indictment, together with the Motion to Seal and this Order be and are Sealed until 10:00am on 06-30-2003 - See Order for details (pmet) (Entered: 06/26/2003) Arraignment before Judge Leonie M. Brinkema set for 9:00 7/3/03 for Randall Todd Royer, for Ibrahim Ahmed Al-Hamdi, for Masoud Ahmad Khan, for Yong 06/25/2003 06/25/2003 06/25/2003 06/25/2003 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 5 of 29 Ki Kwon, for Mohammed Aatique, for Seifullah Chapman, for Hammad Abdur-Raheem, for Donald Thomas Surratt, for Caliph Basha Ibn Abdur-Raheem, for Khwaja Mahmood Hasan, for Sabri Benkhala (pmet) (Entered: 06/26/2003) 06/27/2003 4 ORDER as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Masoud Ahmad Khan, Yong Ki Kwon, Mohammed Aatique, Seifullah Chapman, Hammad Abdur-Raheem, Donald Thomas Surratt, Caliph Basha Ibn Abdur-Raheem, Khwaja Mahmood Hasan, Sabri Benkhala, Unsealing Indictment ( Signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: y (pmet) (Entered: 06/27/2003) 41 Masaud Khan's Opposition as to [24-2] motion to revoke release order by USA (pmet) (Entered: 07/03/2003) 54 Supplemental Pleading by USA Regarding Release (pmet) (Entered: 07/11/2003) 57 Arrest WARRANT Returned Executed as to Seifullah Chapman on 7/21/03 ' (pmet) (Entered: 07/22/2003) 63 CJA 20 as to Seifullah Chapman Appointment of Attorney Veta Medica Carney () (pmet) (Entered: 07/22/2003) Initial appearance as to Seifullah Chapman before Magistrate Judge Thomas R. Jones Jr. held ; Detention Hearing set for 2:00 7/24/03 for Seifullah Chapman ( FTR) USA appeared through: Laufman Dft(s) appeared through: w/o atty, will retain atty. (Defendant informed of rights.) Matter called, govt's motion for detention- granted. Deft remanded (dana) (Entered: 07/22/2003) 65 ORDER OF TEMP. DETENTION as to Seifullah Chapman, Khwaja Mahmood Hasan, Sabri Benkhala ( Signed by Magistrate Judge Thomas R. Jones Jr. ) (dana) (Entered: 07/22/2003) 67 Government's Position on Pretrial Detention as to Seifullah Chapman, Khwaja Mahmood Hasan and Sabri Benkhala (pmet) (Entered: 07/24/2003) 68 MOTION by USA as to Seifullah Chapman, Khwaja Mahmood Hasan, Sabri Benkhala by USA filed Under Seal (pmet) (Entered: 07/24/2003) 69 Under Seal MOTION by USA as to Seifullah Chapman, Khwaja Mahmood Hasan, Sabri Benkhala by USA to Seal [68-1] motion filed Under Seal by USA (pmet) (Entered: 07/24/2003) 70 ORDER granting [69-1] motion by USA to Seal [68-1] filed Under Seal by USA as to Seifullah Chapman (6), Khwaja Mahmood Hasan (10), Sabri Benkhala (11) ( Signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: y (pmet) (Entered: 07/24/2003) 71 Government's Position on Pretrial Detention (pmet) (Entered: 07/24/2003) Detention hearing as to Seifullah Chapman before Magistrate Judge Thomas R. Jones Jr. held ( FTR) USA appeared through: Laufman Dft(s) appeared through: Abbenante, Carney, Boenta, and Zimmerman w/drew as ct. appt. atty. Matter called, deft Chapman's motoin to continue- granted until 7/30/03 @ 2:30 pm. Govt's motion to close- granted, filed under seal. Cenkhala and Chapman waive any attorney conflicts. Govt's motion for detention, called, govt adduced evidence, rested, argument, granted as to Hassan and denied as to Benkhala. Benkhala may be released on PR bond w/conditions. Deft remanded and govt's motion to stay is granted until noon on 7/25/03. Deft's remanded for further proceedings as directed. (dana) (Entered: 07/24/2003) 73 ORDER OF TEMP DETENTION as to Seifullah Chapman Detention Hearing set for 2:00 7/30/03 for Seifullah Chapman ( Signed by Magistrate Judge Thomas R. Jones Jr. ) (dana) (Entered: 07/24/2003) Arraignment as to Seifullah Chapman held before Judge Leonie M. Brinkema. Deft. waived formal arraignment, plead Not Guilty, and demanded trial by Jury. Motion Hearing set for 9:00 10/17/03; Jury Trial set for 10:00 11/17/03 for Seifullah Chapman ; ( Reporter: THomson) USA appeared through: Lauffman Dft(s) appeared through: Carney. Deft. remanded. (rtra) (Entered: 07/25/2003) 07/02/2003 07/10/2003 07/21/2003 07/22/2003 07/22/2003 07/22/2003 07/23/2003 07/24/2003 07/24/2003 07/24/2003 07/24/2003 07/24/2003 07/24/2003 07/25/2003 Case: 1:03-cr-00296-LMB 07/25/2003 As of: 07/11/2011 04:58 PM EDT 6 of 29 88 Consent ORDER for Substitution of Pleading as to Seifullah Chapman, Khwaja Mahmood Hasan, Sabri Benkhala -See Order for details ( Signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: y (pmet) (Entered: 07/25/2003) 92 Opposition as to [71-1] Government's Request for Detention and Defendant's Request for Evidentiary Hearing (pmet) (Entered: 07/29/2003) Detention hearing as to Seifullah Chapman before Magistrate Judge Thomas Rawles Jones Jr held ( FTR) USA appeared through: Laufman Dft(s) appeared through: Carney Govt adduced evidence - rests. Deft adduced evidence as to release to party - rests. Govt. motions for detention. Deft argues as to bond - Granted. Deft released on $50,000 secured bond w/ cond. to be signed by 3rd party and father. Bond is stayed until 12 Noon on 7/31/03 to allow for appeal. Deft remanded to the USMS until cond. are met. Court Hours: 2:30-4:30 (ctat) Modified on 08/04/2003 (Entered: 07/31/2003) 97 ORDER Setting Conditions of Release as to Seifullah Chapman ( Signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: yes (ctat) (Entered: 07/31/2003) 98 ORDERed that the stay of execution of the magistrate judge's release order be and is continued to 2p.m. on Friday, August 1, 2003 as to Seifullah Chapman, set Appeal of Magistrate's [97-1] Release Order for Hearing at 2:00 on 8/1/03 for Seifullah Chapman ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) Modified on 07/31/2003 (Entered: 07/31/2003) 100 MOTION by USA as to Seifullah Chapman by USA to revoke release order (pmet) (Entered: 08/01/2003) 101 Defendant's Opposition as to [100-1] motion by USA to revoke release order (pmet) (Entered: 08/01/2003) Minute entry as to Seifullah Chapman : ( before Judge Leonie M. Brinkema )( Reporter: Cox) USA Appeared through: Gordon Kromberg Dft(s) appeared through: Veta Carney. Matter came on for Govt's Appeal of Magistrate's Order Setting Conditions of Release-Argued and Granted. Bond vacated and revoked. Deft. remanded. Order to follow. (rtra) (Entered: 08/05/2003) 105 For the reasons stated in open court, ORDER as to Yong Ki Kwon, Seifullah Chapman denying [77-1] motion by Yong Ki Kwon for Pre-Trial Release as to Yong Ki Kwon (4), granting [100-1] motion by USA to revoke release order as to Seifullah Chapman (6) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 08/01/03 (rtra) (Entered: 08/05/2003) 102 MOTION for Expedited Transfer of Defendant to Alexandria Detention Center by Seifullah Chapman (pmet) (Entered: 08/04/2003) 106 NOTICE OF INTERLOCUTORY APPEAL by Seifullah Chapman re [105-1] Detention order (pmet) (Entered: 08/05/2003) Notice of appeal, Order and certified copy of docket as to Seifullah Chapman sent to USCA: [106-1] appeal (pmet) (Entered: 08/05/2003) 107 ORDER DENYING [102-1] motion for Expedited Transfer of Defendant to Alexandria Detention Center by Seifullah Chapman as to Seifullah Chapman (6) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 08/05/2003) 111 TRANSCRIPT filed as to Seifullah Chapman for dates of 08-01-2003 Re: [106-1] appeal (pmet) (Entered: 08/08/2003) 114 Supplemental Filing by USA Regarding Detention as to Sabri Benkhala (pmet) (Entered: 08/14/2003) 119 USCA Order Denying the motion for summary reversal of the district court's detention order as to Seifullah Chapman Copies Mailed: y (pmet) (Entered: 08/21/2003) 07/29/2003 07/30/2003 07/30/2003 07/30/2003 07/31/2003 08/01/2003 08/01/2003 08/01/2003 08/04/2003 08/04/2003 08/04/2003 08/05/2003 08/07/2003 08/14/2003 08/20/2003 Case: 1:03-cr-00296-LMB 08/20/2003 08/27/2003 09/08/2003 09/08/2003 09/11/2003 09/11/2003 As of: 07/11/2011 04:58 PM EDT 7 of 29 121 TRANSCRIPT filed in case as to Seifullah Chapman for dates of 07-30-2003 (pmet) (Entered: 08/21/2003) 139 ORDER as to Seifullah Chapman, for Discovery and Inspection ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 08/28/2003) 142 NOTICE of Appearance for Seifullah Chapman by Attorney John Kenneth Zwerling (clerk) (Entered: 09/08/2003) 143 NOTICE of Appearance for Seifullah Chapman by Attorney John Kenneth Zwerling (ctat) (Entered: 09/08/2003) 148 MOTION by Seifullah Chapman to Substitute Counsel (pmet) (Entered: 09/11/2003) 149 ORDER granting [148-1] motion by Seifullah Chapman to Substitute Counsel terminated attorney Veta Medica Carney for Seifullah Chapman Added John Zwerling and Lisa Bondareff Kemler as to Seifullah Chapman (6) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 09/11/2003) Hearing Deadline as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Masoud Ahmad Khan, Mohammed Aatique, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, Sabri Benkhala set 2:00 11/7/03 before Judge Leonie M. Brinkema (rtra) (Entered: 09/11/2003) Per LMB chambers motions set for 9/12/03 for deft. Randall Todd Royer on papers (clar) (Entered: 09/12/2003) Per LMB chambers motions set for 9/19/03 on papers (clar) (Entered: 09/18/2003) 167 SUPERSEDING INDICTMENT as to Randall Todd Royer (1) count(s) 1s, 2s, 3s, 4s, 5s, 7s, 10s, 11s, 18s, 21s, 23s, 24s, 25s, 26s, 27s, Ibrahim Ahmed Al-Hamdi (2) count(s) 1s, 5s, 8s, 11s, 19s, 20s, 29s, Masoud Ahmad Khan (3) count(s) 1s, 2s, 3s, 4s, 5s, 8s, 10s, 11s, 24s, 25s, 26s, 27s, 32s, Seifullah Chapman (6) count(s) 1s, 5s, 8s, 9s, 11s, 15s, 19s, 20s, 21s, 22s, 24s, 25s, 26s, 27s, 28s, Hammad Abdur-Raheem (7) count(s) 1s, 5s, 8s, 10s, 11s, 12s, 14s, 19s, 24s, 25s, 26s, 27s, 31s, Caliph Basha Ibn Abdur-Raheem (9) count(s) 1s, 11s, 13s, 14s, 21s, 30s, Sabri Benkhala (11) count(s) 6s, 16s, 17s (pmet) (Entered: 09/25/2003) DISMISSAL of Count(s) on Government Motion as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, Sabri Benkhala Counts Dismissed: Randall Todd Royer (1) count(s) 1, 2, 3, 5, 11, 16, 23, 27, 28, 32, 33, 34, 35, 36, Masoud Ahmad Khan (2) count(s) 1, 3, 5, 16, 25, 33, 34, 35, 36, 41, Ibrahim Ahmed Al-Hamdi (3) count(s) 1, 3, 12, 16, 24, 27, 31, 37, Seifullah Chapman (6) count(s) 1, 3, 4, 5, 11, 12, 13, 14, 15, 16, 29, 31, Hammad Abdur-Raheem (7) count(s) 1, 3, 5, 7, 8, 9, 10, 11, 13, 14, 16, 18, 19, 20, 39, Caliph Basha Ibn Abdur-Raheem (9) count(s) 1, 8, 16, 18, 22, 38, Sabri Benkhala (11) count(s) 1, 16, 26 (pmet) (Entered: 09/26/2003) Arraignment before Judge Leonie M. Brinkema set for 2:00 9/29/03 for Randall Todd Royer, for Masoud Ahmad Khan, for Ibrahim Ahmed Al-Hamdi, for Seifullah Chapman, for Hammad Abdur-Raheem, for Caliph Basha Ibn Abdur-Raheem, for Sabri Benkhala (pmet) (Entered: 09/26/2003) Arraignment as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, Sabri Benkhala held before Judge Leonie M. Brinkema. All defts. waived formal arraignment, plead Not Guilty and demanded trial by Jury. Pretrial motions to be filed by 10/24/2003, Govt's response due 11/14/2003, Deft's reply to response due 11/21/2003. Argument of Pretrial Motions set for 9:00 12/12/03; Motions for foreign evidence to be filed w/in 10 days of the arraignment date; Any counsel to file for security clearance are directed to file application w/court security officer w/in 10 days of the arraignment date. Speedy trial waived by all defts. Jury Trial set for 10:00 2/2/04 for Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, Sabri Benkhala ; ( Reporter: Thomson) USA appeared through: Gordon Kromberg Dft(s) appeared through: John Nassikas, Meredith 09/11/2003 09/12/2003 09/18/2003 09/25/2003 09/25/2003 09/25/2003 09/29/2003 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 8 of 29 Taylor, Jonathan Leinhart, John Zwerling, Pleasant Brodnax, Drew Hutcheson, and John Keats. Defts Randall Royer, Masoud Khan, Ibrahim Al-Hamdi, and Seifullah Chapman remanded; Deft's Hammad Abdur-Raheem, Caliph Abdur-Raheem, and Sabri Benkhala continued on current bond. (rtra) (Entered: 09/29/2003) 09/29/2003 168 SCHEDULING ORDER as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, Sabri Benkhala setting Defendant's Motion Filing deadline on 10/24/03 ; Government's Response to Motions due 11/14/03; Dft's Reply to Govt. Response to Motions due 11/21/03. Upon review of any pretrial motions, the Court will determine if oral argument is necessary. If the Court finds oral argument necessary, it is ORDERED that oral argument on motions be set for 12/12/2003 at 9:00 a.m.; and it is further ORDERED that this case is set for a jury trial beginning 02/02/2004 at 10:00 a.m.; and it is further ORDERED that counsel who seek access to classified material file the appropriate papers for a security clearance with the Court Security Officer within 10 days; and it is further ORDERED that defendants file any motion for access to witnesses or evidence held abroad within 10 days; and it is further ORDERED that the government file its response to any such motion within 10 days. [See Order for Details] ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 09/29/2003 (rtra) (Entered: 09/30/2003) ORAL WAIVER of Speedy Trial by Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, Sabri Benkhala (rtra) (Entered: 09/30/2003) 185 EX PARTE &Under Seal Documents filed as to [184-1] motion Filed Under Seal by Randall Todd Royer (pmet) (Entered: 10/09/2003) 203 MOTION by Seifullah Chapman to Suppress Statements and Incorporated Memorandum of Law (pmet) (Entered: 10/24/2003) 204 MOTION by Seifullah Chapman for Discovery in aid of Motion to Supress (pmet) (Entered: 10/24/2003) 205 MOTION by Seifullah Chapman for Relief from Prejudicial Joinder and Incorporated Memorandum of Law (pmet) (Entered: 10/24/2003) Minute entry : Sealed hrg. held (before Judge Leonie M. Brinkema) (tbul) (Entered: 10/27/2003) 251 MOTION by Seifullah Chapman for a Bill of Particulars and Incorporated Memorandum of Law (pmet) (Entered: 10/29/2003) 252 Revised MOTION by Seifullah Chapman to Suppress Statements and Incorporated Memorandum of Law (pmet) (Entered: 10/29/2003) 253 MOTION by Seifullah Chapman to Adopt and Conform Defendant Masaud Ahmad Khan's Motion to Dismiss Counts 11,24-27 &32 of the Superseding Indictment for Lack of Jurisdiction (pmet) (Entered: 10/29/2003) 254 MOTION by Seifullah Chapman to Adopt Defendant Ibrahim Ahmed Al-Hamdi's Motion to Dismiss Superseding Indictment Due to Selective Prosecution or. in the Alternative, to Compel Discovery from the U.S. Concerning Selective Prosecution (pmet) (Entered: 10/29/2003) 255 MOTION by Seifullah Chapman for Leave to Adopt and Conform Defendant Khan's Motion for Discovery and Brady Material (pmet) (Entered: 10/29/2003) 256 MOTION by Seifullah Chapman for Leave to Adopt and Conform Defendant Royer's Motion to Dismiss Counts 1(in part),2,4,5,7,10(in part),11,18,23 &24-27(in part) of the Superseding Indictment (pmet) (Entered: 10/29/2003) 283 RESPONSE by USA to [227-1], [212-1], [203-1], [207-1] motions by Ibrahim Ahmed Al-Hamdi, Caliph Basha Ibn Abdur-Raheem, Seifullah Chapman, Masoud Ahmad Khan to Suppress (pmet) (Entered: 11/17/2003) 09/29/2003 10/09/2003 10/24/2003 10/24/2003 10/24/2003 10/24/2003 10/29/2003 10/29/2003 10/29/2003 10/29/2003 10/29/2003 10/29/2003 11/14/2003 Case: 1:03-cr-00296-LMB 11/14/2003 As of: 07/11/2011 04:58 PM EDT 9 of 29 284 RESPONSE by USA to Defendants' Discovery Motions as to Seifullah Chapman, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Caliph Basha Ibn Abdur-Raheem, Randall Todd Royer (pmet) (Entered: 11/17/2003) 285 RESPONSE by USA to Motions Regarding Offenses that are Crimes of Violence for Purposes of 18 U.S.C. 924(c) as to Masoud Ahmad Khan, Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman (pmet) (Entered: 11/17/2003) 286 Government's Opposition to Motions to Dismiss Count 5 as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem (pmet) (Entered: 11/17/2003) 287 RESPONSE by USA to Motions to Dismiss 924(c) Violations Because They Were Alleged to Have Occurred in Pakistan as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem (pmet) (Entered: 11/17/2003) 288 Omnibus RESPONSE by USA to Defendants' Motions as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem (pmet) (Entered: 11/17/2003) 290 Government's Corrected RESPONSE to Defendants' Motions to Suppress (pmet) (Entered: 11/18/2003) 295 Supplement to Government's RESPONSE to Defendants' Discovery Motions (pmet) (Entered: 11/21/2003) 296 MOTION by Seifullah Chapmanto Dismiss Counts 19 &24-27 (pmet) (Entered: 11/21/2003) 297 Reply by Seifullah Chapman to [295-1] Government's Corrected Response to Defendants' Motions to Suppress (pmet) (Entered: 11/21/2003) 298 Reply by Seifullah Chapman to [288-1] Government's Response to His Motion for a Bill of Particulars (pmet) (Entered: 11/21/2003) 299 Reply by Seifullah Chapman to [288-1] Government's Response to Motion for Relief from Prejudicial Joinder (pmet) (Entered: 11/21/2003) 312 Supplemental Reply by Seifullah Chapman to Government's Response to Motion for Relief from Prejudicial Joinder (pmet) (Entered: 12/05/2003) 313 MOTION by Seifullah Chapman to Reconsider Bond (pmet) (Entered: 12/05/2003) 314 NOTICE of Hearing as to Seifullah Chapman :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 12/12/03 for Seifullah Chapman for [313-1] motion by Seifullah Chapman to Reconsider Bond (pmet) (Entered: 12/05/2003) 316 ORDERed that counsel arrange for the attendance, at 12-12-2003 Motions Hearing, of any witnesses they intend to call, either by subpoena or by agreement for voluntary appearance as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, Sabri Benkhala ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 12/08/2003) 330 ORDER as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem denying [205-1] motion by Seifullah Chapman for Relief from Prejudicial Joinder and Incorporated Memorandum of Law as to Seifullah Chapman (6), granting in part, denying in part [211-1] motion by Hammad Abdur-Raheem for Leave to File Motions out of Time as to Hammad Abdur-Raheem (7), denying [237-2] motion to Compel Discovery from the U.S. Concerning Selective Prosecution as to Randall Todd Royer (1), denying [237-1] motion by Randall Todd Royer to Dismiss Indictment due to Selective Prosecution as to Randall Todd Royer (1),,granting in part, denying in part [241-1] motion by Masoud Ahmad Khan to Adopt Ibrahim Ahmed Al-Hamdi's Motion to Dismiss Superceding Indictment Due to Selective Prosecution or, in the Alternative, to Compel Discovery from the U.S. Concerning Selective Prosecution as to Masoud 11/14/2003 11/14/2003 11/14/2003 11/14/2003 11/18/2003 11/21/2003 11/21/2003 11/21/2003 11/21/2003 11/21/2003 12/05/2003 12/05/2003 12/05/2003 12/05/2003 12/11/2003 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 10 of 29 Ahmad Khan (2), granting in part, denying in part [254-1] motion by Seifullah Chapman to Adopt Defendant Ibrahim Ahmed Al-Hamdi's Motion to Dismiss Superseding Indictment Due to Selective Prosecution or. in the Alternative, to Compel Discovery from the U.S. Concerning Selective Prosecution as to Seifullah Chapman (6) [See Order for Details] ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 12/11/03 (rtra) (Entered: 12/13/2003) 12/12/2003 Minute entry as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem : ( before Judge Leonie M. Brinkema )( Reporter: Thomson) USA Appeared through: Gordon Kromberg Dft(s) appeared through: John Nassikas, Bernard Grim, Jonathan Leinhard, John Zwerling, Lisa Kemler, William Cummings, and Drew Hutcheson. Matter came on for argument of defts' pretrial motions: Khan's motion to Supress-Denied as Moot; Al-Hamdi's Motion to Supress-Denied; Caliph Abdur-Raheem's Motion to Supress-Denied; Chapman's Motion for Discovery(motion to Supress)-Granted; Khan's Motion for Discovery-Granted in Part; Defts' Motions for Bill of Particulars-Granted in Part, Denied in Part; Chapman's Motion to Supress continued to 01/12/2004 at 10:00 a.m.; Chapman's Motion to Reconsider Bond-Argued and Granted. Court set conditions of Release: deft. to reside at approved address, third party custody of Ollah Moustafa and Mahdy Moustafa; Home detention w/electronic monitoring/GPS w/leave as directed by Court; No firearms; No contact w/co-defts w/o counsel present; PTS supervision; Deft. and Ollah Moustafa (wife) to surrender passport. Defts remanded. Those previously placed on bond continued to reappear as directed. Deft. Chapman remanded until conditions are met. (rtra) (Entered: 12/13/2003) 331 ORDER Setting Conditions of Release as to Seifullah Chapman ( Signed by Judge Leonie M. Brinkema ) (rtra) (Entered: 12/13/2003) 332 Receipt for Surrender of Passport by Olla Nabiel Moustafa as to Seifullah Chapman Passport # #016941378 Country: United States of America (rtra) (Entered: 12/13/2003) 333 For the reasons stated in open court, ORDER as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem granting [204-1] motion by Seifullah Chapman for Discovery in aid of Motion to as to Seifullah Chapman (6), denying [206-1] motion by Masoud Ahmad Khan for Bill of Particulars as to Masoud Khan (2), denying [207-1] motion by Masoud Ahmad Khan to Suppress Statements made to Law Enforcement during of the search warrant as to Masoud Ahmad Khan (2),granting in part, denying in part [208-1] motion by Masoud Ahmad Khan for discovery and material as to Masoud Ahmad Khan (2), denying [212-1] by Caliph Basha Ibn Abdur-Raheem to Suppress Evidence as to Caliph Basha Ibn Abdur-Raheem (9), granting in part, in part [214-1] motion by Caliph Basha Ibn Abdur-Raheem for discovery and inspection as to Caliph Basha Ibn (9), denying [227-1] motion by Ibrahim Ahmed Al-Hamdi to Suppress Statements as to Ibrahim Ahmed Al-Hamdi (3), granting in part, denying in part [232-1] motion by Randall Todd Royer for a Bill of Particulars as to Randall Todd Royer (1), denying [238-1] motion by Randall Todd Royer for a Bill of Particulars as to Randall Todd Royer (1), in part, denying in part [243-1] motion by Masoud Ahmad to Adopt Randall Todd Royer's Motion for a Bill of Particulars as to Masoud Ahmad Khan (2), granting in part, denying in part [244-1] motion by Masoud Ahmad Khan to Caliph Basha Ibn Abdur-Raheem's Motion for Discovery and Inspection as to Masoud Ahmad Khan (2), granting in part, denying in part [247-1] motion by Ibrahim Ahmed Al-Hamdi for a Bill of Particulars, Adopting Defendant Royer's Motion for a Bill of Particulars as to Ibrahim Ahmed Al-Hamdi (3), granting in part, denying in part [248-1] motion by Ibrahim Ahmed Al-Hamdi for Discovery, Adopting Defendant Masoud Khan's Motion for Discovery and Brady Material as to Ibrahim Ahmed Al-Hamdi (3), denying [251-1] motion by Seifullah Chapman for a Bill of Particulars and Incorporated Memorandum of Law as to Seifullah Chapman (6), granting in part, denying in part [255-1] motion by Seifullah Chapman for Leave to Adopt and Conform Defendant Khan's Motion for Discovery and Brady Material as to Seifullah Chapman (6), granting [313-1] motion by Seifullah Chapman to Reconsider Bond as to Seifullah Chapman (6)[See 12/12/2003 12/12/2003 12/12/2003 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 11 of 29 Order for Details] ( Signed by Judge Leonie M. Brinkema Copies Mailed: 12/12/03 (rtra) (Entered: 12/13/2003) 12/12/2003 Motion hearing as to Seifullah Chapman [203-1] motion by Seifullah Chapman to Suppress Statements and Incorporated Memorandum of Law at 10:00 1/12/04 for Seifullah Chapman before Judge Leonie M. Brinkema (rtra) (Entered: 12/13/2003) 336 Bill of Particulars filed by USA (rtra) (Entered: 12/18/2003) 346 NOTICE of Non-Disclosure of Certain Information by USA as to Seifullah Chapman (rtra) (Entered: 12/22/2003) 347 NOTICE of Intention to Use Material at Hearing on Suppression Motion by Seifullah Chapman [Filed Under Seal with the Court Security Officer] (rtra) Modified on 12/23/2003 (Entered: 12/23/2003) 348 ORDER as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem; Granting counsels' request for pretrial conference. [See Order for Details] ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 12/23/03 (rtra) (Entered: 12/23/2003) 349 MEMORANDUM OPINION-entered and filed as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem ( Signed by Judge Leonie M. Brinkema ) (rtra) (Entered: 12/23/2003) 350 For the reasons stated in the accompanying Memorandum Opinion, ORDER as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem denying [236-1] motion by Randall Todd Royer to Dismiss Counts 11,24-27 &32 of the Superseding Indictment for Lack of Jurisdiction as to Randall Todd Royer (1), denying [245-1] motion by Masoud Ahmad Khan to Adopt Randall Todd Royer's Motion to Dismiss Counts 1(in part),2,4,5,7,10(in part),11,18,23 &24-27(in part) of the Superseding Indictment as to Masoud Ahmad Khan (2), denying [246-1] motion by Ibrahim Ahmed Al-Hamdi to Dismiss Counts 11,19,20 &29 of the Superseding Indictment, Adopting Defendant Masoud Khan's Motion to Dismiss Counts 11,24-27 &32 of the Superseding Indictment for Lack of Jurisdiction as to Ibrahim Ahmed Al-Hamdi (3), denying [249-1] motion by Ibrahim Ahmed Al-Hamdi to Dismiss Count 1(in part) of the Superseding Indictment, Adopting Royer's Motion to Dismiss Counts 1(in part),2,4,5,7,10(in part),11,18,23,&24-27 of the Superseding Indictment as to Ibrahim Ahmed Al-Hamdi (3), denying [250-1] motion by Ibrahim Ahmed Al-Hamdi to Dismiss Count 5 of the Indictment, Adopting Defendant Royer's Motion to Dismiss Counts 1(in part),2,4,5,7,10(in part),11,18,23, &24-27 of the Superseding Indictment as to Ibrahim Ahmed Al-Hamdi (3), denying [256-1] motion by Seifullah Chapman for Leave to Adopt and Conform Defendant Royer's Motion to Dismiss Counts 1(in part),2,4,5,7,10(in part),11,18,23 &24-27(in part) of the Superseding Indictment as to Seifullah Chapman (6), denying [296-1] motion by Seifullah Chapmanto Dismiss Counts 19 &24-27 as to Seifullah Chapman (6) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 12/23/03 (rtra) (Entered: 12/23/2003) 351 MOTION by USA as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for Protective Order (rtra) (Entered: 12/24/2003) 352 NOTICE of Hearing as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 1/9/04 [351-1] Govt's Motion for Protective Order (rtra) (Entered: 12/24/2003) 358 ORDER as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem; ORDERED that defendants file objections, if any, to the proposed protective order by Wednesday, January 7, 2004; and it is further ORDERED that Government file any response to defendants' objections by 5:00 p.m. Friday, 12/18/2003 12/22/2003 12/23/2003 12/23/2003 12/23/2003 12/23/2003 12/24/2003 12/24/2003 12/30/2003 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 12 of 29 January 9, 2004. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 12/30/03 (rtra) (Entered: 01/05/2004) 01/02/2004 01/02/2004 01/02/2004 354 MOTION by Seifullah Chapman to Dismiss or for Other Appropriate Relief (pmet) (Entered: 01/02/2004) 355 SEALED MOTION by Seifullah Chapman [FILED UNDER SEAL] (pmet) Modified on 01/07/2004 (Entered: 01/02/2004) 356 NOTICE of Hearing as to Seifullah Chapman :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 1/7/04 for Seifullah Chapman for [354-1] motion by Seifullah Chapman to Dismiss or for Other Appropriate Relief, and for [355-1] Sealed Motion by Seifullah Chapman [FILED UNDER SEAL] (pmet) Modified on 01/28/2004 (Entered: 01/05/2004) 359 TRANSCRIPT EXCERPT filed in case as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of December 12, 2003; Motion hearing before Judge Brinkema (rtra) (Entered: 01/06/2004) Motion hearing as to Seifullah Chapman [252-1] motion by Seifullah Chapman to Suppress Statements and Incorporated Memorandum of Law at 2:30 1/16/04 before Judge Leonie M. Brinkema (rtra) (Entered: 01/07/2004) 360 ORDER as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem; Granting counsels' request for pretrial conference [See Order for Details] ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 01/07/04 (rtra) (Entered: 01/07/2004) Minute entry as to Seifullah Chapman : ( before Judge Leonie M. Brinkema )( Reporter: Thomson) USA Appeared through: Gordon Kromberg Dft(s) appeared through: John Zwerling, Lisa Kemler. Matter came on for Deft's Motion for Discovery/Brady Material-Argued and Denied. Suppression Motion continued to 01/16/2004 at 2:30 p.m. Deft. continued on current bond. (rtra) (Entered: 01/14/2004) 361 Stipulation by USA and Seifullah Chapman on Motion to Supress (rtra) (Entered: 01/14/2004) 364 RENEWED MOTION by Seifullah Chapman for Relief from Prejudicial Joinder ,or in the Alternative to Waive Jury (rtra) (Entered: 01/16/2004) 365 NOTICE of Hearing by Seifullah Chapman (rtra) (Entered: 01/16/2004) Minute entry as to Seifullah Chapman : ( before Judge Leonie M. Brinkema )( Reporter: Thomson/McCoy) USA Appeared through: Gordon Kromberg Dft(s) appeared through: John Zwerling, Lisa Kemler. Matter came on for Deft's Motion to Supress Statements. Evidence adduced, Motion argued and Granted. Deft's Oral Motion to Dismiss Count 15 of the pending Indictment-Granted. Order to follow. (rtra) (Entered: 01/19/2004) 381 For the reasons stated in open court, ORDER as to Seifullah Chapman granting [252-1] motion by Seifullah Chapman to Suppress Statements and Incorporated Memorandum of Law as to Seifullah Chapman (6). ORDERED that defendant Chapman's oral motion to dismiss Count 15 of the Indictment is Granted; and it is further ORDERED that Count 15 of the superseding indictment be and is DISMISSED WITH PREJUDICE. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 01/16/04 (rtra) (Entered: 01/20/2004) DISMISSAL of Count(s) on Defendant's Motion as to Seifullah Chapman Counts Dismissed: Seifullah Chapman (6) count(s) 15s (rtra) (Entered: 01/20/2004) 388 TRANSCRIPT filed in case as to Seifullah Chapman for dates of January 7, 2004; Motion hearing before Judge Brinkema (rtra) (Entered: 01/22/2004) 389 SEALED MOTION by USA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, Sabri Benkhala [FILED UNDER SEAL] (rtra) (Entered: 01/22/2004) 01/06/2004 01/07/2004 01/07/2004 01/07/2004 01/13/2004 01/16/2004 01/16/2004 01/16/2004 01/16/2004 01/16/2004 01/21/2004 01/21/2004 Case: 1:03-cr-00296-LMB 01/21/2004 As of: 07/11/2011 04:58 PM EDT 13 of 29 390 NOTICE of Hearing as to USA :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 1/23/04 for Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, Sabri Benkhala for [389-1] Government's Sealed Motion [FILED UNDER SEAL] (rtra) (Entered: 01/22/2004) 391 MOTION by USA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem For an Additional Day to Provide Notice Regarding Jury Trial (rtra) (Entered: 01/22/2004) 392 MOTION by Seifullah Chapman for Leave to Adopt and Conform Defendant Caliph Basha Ibn Abdur-Raheem's Motion for Copies of Brady Material (rtra) (Entered: 01/22/2004) 397 NOTIFICATION of WAIVER OF JURY by USA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem (rtra) (Entered: 01/22/2004) 398 ORDER as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem granting in part, denying in part [387-1] motion to Join Defendant Chapman's Renewed Motion for Relief From Prejudicial Joinder or in the Alternative, Motion to Waive Jury as to Hammad Abdur-Raheem (7), granting [383-1] motion to Join Defendant Chapman's Motion to Waive Jury as to Masoud Ahmad Khan (2), denying [364-1] motion for Relief from Prejudicial Joinder as to Seifullah Chapman (6), granting [364-2] motion to Waive Jury as to Seifullah Chapman (6); Because all remaining defendants and the Government have waived their right to trial by jury, it is hereby ORDERED that the trial by jury set to begin on February 2, 2004 be and is removed from the calendar; and it is further ORDERED that this case be and is set for trial by the Court beginning Monday, February 9, 2004 at 9:30 a.m. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 01/22/04 (rtra) (Entered: 01/22/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem set at 9:30 2/9/04 before Judge Leonie M. Brinkema (rtra) (Entered: 01/22/2004) 399 TRANSCRIPT filed in case as to Seifullah Chapman for dates of January 16, 2004; Suppression Hearing before Judge Brinkema (rtra) (Entered: 01/27/2004) 406 MOTION by Seifullah Chapman to Exclude or Narrow Testimony of Government Expert Witness (rtra) (Entered: 01/27/2004) 407 NOTICE of Hearing as to Seifullah Chapman :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 1/30/04 for Seifullah Chapman for [406-1] motion to Exclude or Narrow Testimony of Government Expert Witness (rtra) (Entered: 01/27/2004) 409 RESPONSE by USA as to Seifullah Chapman in opposition to Chapman's Motion to Exclude Certain Evidence [Defendant's Motion filed by fax 01/22/2004] (rtra) Modified on 02/04/2004 (Entered: 01/28/2004) 414 EX PARTE and UNDER SEAL Documents filed by plaintiff USA in re: [413-1]Government's Response in opposition (rtra) (Entered: 01/28/2004) 416 ORDER as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem granting in part [410-1] motion to Join Motion of Seifullah Chapman to Exclude or Narrow Testimony of Government Expert Witnesses as to Masoud Ahmad Khan (2), granting in part [408-1] motion to Join Motion of Seifullah Chapman to Exclude or Narrow Testimony of Government Expert Witnesses as to Hammad Abdur-Raheem. ORDERED that all pretrial motions by all parties be filed no later than Friday, January 30, 2004; and it is further ORDERED that any responses to such motions be filed no later than Tuesday, February 3, 2004; and it is further ORDERED that all pretrial motions be set for hearing on Thursday, February 5, 2004 at 11:00 a.m. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 01/28/04 (rtra) (Entered: 01/29/2004) 01/22/2004 01/22/2004 01/22/2004 01/22/2004 01/22/2004 01/22/2004 01/27/2004 01/27/2004 01/28/2004 01/28/2004 01/28/2004 Case: 1:03-cr-00296-LMB 01/29/2004 As of: 07/11/2011 04:58 PM EDT 14 of 29 418 SCHEDULING ORDER as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem; [See Order for Details] ( Signed by Judge Leonie M. Brinkema ) (rtra) (Entered: 02/02/2004) Deadline updated as to Seifullah Chapman Motion Hearing Deadline before Judge Leonie M. Brinkema set for 11:00 2/5/04 for Seifullah Chapman for [406-1] motion to Exclude or Narrow Testimony of Government Expert Witness (clar) (Entered: 01/30/2004) 422 REPLY by Seifullah Chapman to Government's Response in Opposition to Chapman's Motion to Exclude Certain Evidence (rtra) (Entered: 02/02/2004) 424 RESPONSE by USA as to Seifullah Chapman in opposition to [406-1] Defendant's Mtion to Exclude or Narrow Testimony of Government Expert Witness (rtra) (Entered: 02/02/2004) 426 Exhibit list by USA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem (rtra) (Entered: 02/02/2004) 427 TRIAL EXHIBIT CUSTODY FORM filed by USA (Govt. exhibits #s 1A1-7H18 retrieved by AUSA G. Kromberg) (rtra) (Entered: 02/02/2004) 431 Exhibit list by Seifullah Chapman (rtra) (Entered: 02/02/2004) 432 MOTION by Seifullah Chapman for Leave to File Motion Under Seal (rtra) (Entered: 02/02/2004) 433 SEALED SUPPLEMENTAL REPLY by Seifullah Chapman [Filed Under Seal] (rtra) (Entered: 02/02/2004) Exhibits received as to Seifullah Chapman (1 black binder #s 1-14) (rtra) (Entered: 02/04/2004) 440 MOTION by Seifullah Chapman for Leave to Adopt and Conform Defendant Masoud Ahmad Khan's Motion for Relief from Brady Violation and Seifullah Chapman's Motion to Exclude Certain Evidence the Government Seeks to Introduce under Rule 404(b) [Filed by fax 01/22/2004] (rtra) (Entered: 02/08/2004) Minute entry as to Seifullah Chapman : ( before Judge Leonie M. Brinkema )( Reporter: Thomson) USA Appeared through: Gordon Kromberg Dft(s) appeared through: John Zwerling, Lisa Kemler. Matter came on for Chapman's Motion to Exclude or Limit Expert Testimony-Argued and Denied in part, resolved by stipulation in part. Chapman's Motion to exclude 404(b)-Argued and taken under advisement. Order to follow. (rtra) (Entered: 02/08/2004) 441 SUPPLEMENTAL RESPONSE by USA as to Seifullah Chapman in opposition to [440-1] Motion to Exclude Certain Evidence the Government Seeks to Introduce under Rule 404(b) [Filed by fax 01/22/2004] (rtra) (Entered: 02/08/2004) 446 RESPONSE by Seifullah Chapman to Government's Submission of Supplemental Information in Opposition to Chapman's Motion to Exclude Certain Evidence (rtra) (Entered: 02/09/2004) 447 REVISED Exhibit list by USA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem (rtra) (Entered: 02/10/2004) Bench trial begun as to Masoud Ahmad Khan (2) count(s) 1s, 2s, 3s, 4s, 5s, 8s, 10s, 11s, 24s, 25s, 26s, 27s, 32s, Seifullah Chapman (6) count(s) 1s, 5s, 8s, 9s, 11s, 19s, 20s, 21s, 22s, 24s, 25s, 26s, 27s, 28s, Hammad Abdur-Raheem (7) count(s) 1s, 5s, 8s, 10s, 11s, 12s, 13s, 14s, 19s, 24s, 25s, 26s, 27s, 31s, Caliph Basha Ibn Abdur-Raheem (9) count(s) 1s, 11s, 13s, 14s, 21s, 30s (rtra) (Entered: 02/10/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem began before Judge Leonie M. Brinkema (Reporter: Thomson) USA appeared through: Gordon Kromberg, David Lauffman Dft(s) appeared through: Bernard Grim, Jennifer Wicks, William Cummings, Christopher Amolsch, Lisa Kemler, John Zwerling. Rule on witnesses. Opening statements made. Government began to adduce evidence. Court adjourned 01/30/2004 01/30/2004 02/02/2004 02/02/2004 02/02/2004 02/02/2004 02/02/2004 02/02/2004 02/02/2004 02/05/2004 02/05/2004 02/06/2004 02/09/2004 02/09/2004 02/09/2004 02/09/2004 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 15 of 29 to reconvene 02/10/2004 at 9:00 a.m. Defts Chapman, Caliph Abdur-Raheem, Hammad Abdur-Raheem continued on current bond, deft. Khan remanded. (rtra) (Entered: 02/10/2004) 02/10/2004 SEALED HEARING held as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem : ( before Judge Leonie M. Brinkema )( Reporter: Thomson) USA Appeared through: Gordon Kromberg, David Laufman Dft(s) appeared through: Counsel for parties. (rtra) (Entered: 02/10/2004) Bench Trial continued as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem ( Reporter: Thomson) USA appeared through: Gordon Kromberg, David Laufman Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings, Christopher Amolsch before Judge Leonie M. Brinkema. Govt. contiued to adduce evidence. Court adjourned to reconvene 02/11/2004 at 11:30 a.m. Defts Chapman, Caliph Abdur-Raheem, Hammad Abdur-Raheem continued on current bond; Deft. Khan remanded. (rtra) (Entered: 02/10/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem continued before Judge Leonie M. Brinkema ( Reporter: Thomson) USA appeared through: Gordon Kromberg, David Lauffman Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings, Christopher Amolsch. Govt. continued to adduce evidence. Court adjourned to reconvene 02/12/2004 at 9:30 a.m. (rtra) (Entered: 02/12/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem continued before Judge Leonie M. Brinkema. ( Reporter: Thomson) USA appeared through: Gordon Kromberg, David Laufman Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings, and Christopher Amolsch. Government continued to adduce evidence. Court adjourned to reconvene 02/13/2004 at 12:00 p.m. for further trial proceedings. Defts. Chapman, Hammad Abdur-Raheem, Caliph Abdur-Raheem continued on current bond; deft. Khan remanded. (rtra) (Entered: 02/15/2004) 448 EX PARTE and UNDER SEAL RESPONSE by USA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem [Filed Ex Parte and Under Seal] (rtra) (Entered: 02/15/2004) 449 MOTION by USA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem to Seal (rtra) (Entered: 02/15/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem continued before Judge Leonie M. Brinkema. ( Reporter: Thomson) USA appeared through: Gordon Kromberg, David Laufman; Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings, and Christopher Amolsch. Government continued to adduce evidence. Court adjourned to reconvene 02/17/2004 at 9:30 a.m. for further trial proceedings. Defts. Chapman, Hammad Abdur-Raheem, Caliph Abdur-Raheem continued on current bond; deft. Khan remanded. (rtra) (Entered: 02/15/2004) 450 SEALED ORDER as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem granting motion to Seal as to Masoud Ahmad Khan (2), Seifullah Chapman (6), Hammad Abdur-Raheem (7), Caliph Basha Ibn Abdur-Raheem (9) [Filed Ex Parte and Under Seal] ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 02/13/04 (rtra) (Entered: 02/17/2004) 451 TRANSCRIPT EXCERPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of 02/09/2004; Bench Trial before Judge Brinkema (rtra) (Entered: 02/17/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem continued before Judge 02/10/2004 02/11/2004 02/12/2004 02/13/2004 02/13/2004 02/13/2004 02/13/2004 02/17/2004 02/17/2004 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 16 of 29 Brinkema. ( Reporter: Thomson) USA appeared through: Gordon Kromberg, David Laufman Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings, and Christopher Amolsch. Defts adduced evidence w/o objection. Government continued to adduce evidence. COurt adjourned to reconvene 02/18/2004 at 11:30 a.m. for further trial proceedings. Defts. Chapman, Hammad Abdur-Raheem, Caliph Abdur-Raheem continued on current bond; deft. Khan remanded. (rtra) (Entered: 02/18/2004) 02/18/2004 Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem continued before Judge Brinkema ( Reporter: Thomson) USA appeared through: Gordon Kromberg, David Laufman; Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings, and Christopher Amolsch. Government continued to adduce evidence. Court adjourned to reconvene 02/19/2004 at 10:00 a.m. for further trial proceedings. (rtra) (Entered: 02/19/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem continued 10:00 2/19/04 for Masoud Ahmad Khan, for Seifullah Chapman, for Hammad Abdur-Raheem, for Caliph Basha Ibn Abdur-Raheem before Judge Leonie M. Brinkema (rtra) (Entered: 02/19/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem continued before Judge Brinkema ( Reporter: Thomson) USA appeared through: Gordon Kromberg, David Laufman Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings, and Christopher Amolsch. Government continued to adduce evidence. Court adjourned to reconvene 02/20/2004 at 12:00 p.m. for further trial proceedings. (rtra) (Entered: 02/19/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem set at 12:00 2/20/04 before Judge Leonie M. Brinkema, Courtroom 700 (rtra) (Entered: 02/19/2004) 452 MOTION by Seifullah Chapman for Judgment of Acquittal (rtra) (Entered: 02/19/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem continued before Judge Brinkema ( Reporter: Linnell) USA appeared through: Gordon Kromberg, David Laufman Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings, and Christopher Amolsch. Government continued to adduce evidence and rests. Defts. Motions for Rule 29 Judgment of Acquittal-Argued. Deft. Caliph Abdur-Raheem's Motion-Argued and Granted as to all Counts, Judgment of Acquittal to be entered, deft. discharged as to all counts; Deft. Masoud Khan's Motion-Argued and Granted in Part, Denied in Part-Granted as to Count 8 of the Indictment; Deft. Seifullah Chapman's Motion-Argued and Granted in Part, Denied in Part-Granted as to Counts 8,10, 19, and 24-28 of the Indictment; Deft. Hammad Abdur-Raheem's Motion-Argued and Granted in Part, Denied in Part-Granted as to Counts 8,10,19, and 24-27 of the Indictment. Remaining defendants adduced evidence. Court adjourned to reconvene 02/23/2004 at 9:30 a.m. Defts. Chapman and Abdur-Raheem continued on current bond; deft. Khan remanded. (rtra) Modified on 02/22/2004 (Entered: 02/22/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem continued to 9:30 2/23/04 for Masoud Ahmad Khan, for Seifullah Chapman, for Hammad Abdur-Raheem Judge Leonie M. Brinkema for further trial proceedings. (rtra) (Entered: 02/22/2004) 454 For the reasons stated in open court, ORDER as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem. Granting in part, denying in part [0-0] oral motion for Rule 29 Judgment of Acquittal as to Hammad Abdur-Raheem (7), granting [0-0] oral motion for Rule 29 Judgment of Acquittal as to Caliph Basha Ibn Abdur-Raheem (9), granting in part, denying in part [0-0] oral motion for Rule 29 Judgment of Acquittal as to Masoud Ahmad Khan (2), granting in part, denying in part [452-1] motion for Judgment of Acquittal as to Seifullah Chapman (6) ( Signed by Judge Leonie M. Brinkema ) 02/18/2004 02/19/2004 02/19/2004 02/19/2004 02/20/2004 02/20/2004 02/20/2004 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 17 of 29 Copies Mailed: 02/20/04 (rtra) (Entered: 02/22/2004) 02/20/2004 DISMISSAL of Count(s) on Court or Defendant Motion as to Seifullah Chapman Counts Dismissed: Seifullah Chapman (6) count(s) 8s, 10s, 19s, 24s, 25s, 26s, 27s, 28s (rtra) (Entered: 02/22/2004) 456 JUDGMENT OF ACQUITTAL Seifullah Chapman (6) count(s) 8s, 19s , 24s , 25s , 26s , 27s , 28s . Dismissed upon Rule 29 Motion of the Defendant ( Signed by Judge Leonie M. Brinkema ) (rtra) (Entered: 02/23/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem continued before Judge Brinkema ( Reporter: Linnell) USA appeared through: Gordon Kromberg, David Laufman, John Gibbs; Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, and William Cummings. Defts. continued to adduced evidence. Deft. Khan rests. Court adjourned to reconvene 02/24/2004 at 9:30 a.m. (rtra) (Entered: 02/23/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem set at 9:30 2/24/04 before Judge Leonie M. Brinkema (rtra) (Entered: 02/23/2004) 460 Revised Exhibit list by Seifullah Chapman (rtra) (Entered: 02/25/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem continued before Judge Brinkema ( Reporter: Linnell) USA appeared through: Gordon Kromberg, John Gibbs, David Laufman; Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings. Defts continued to adduce evidence. Court adjourned to reconvene 02/25/2004 at 11:30 a.m. for further trial proceedings. Defts. Chapman and Abdur-Raheem continued on current bond, deft. Khan remanded. (rtra) (Entered: 02/25/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem set at 11:30 2/25/04 before Judge Leonie M. Brinkema (rtra) (Entered: 02/25/2004) 461 Second Revised Exhibit list by Seifullah Chapman (rtra) Modified on 02/25/2004 (Entered: 02/25/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem continued before Judge Brinkema ( Reporter: Linnell) USA appeared through: Gordon Kromberg, John Gibbs, David Laufman; Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, and William Cummings. Defts continued to adduce evidence. Court adjourned to reconvene 02/26/2004 at 9:30 a.m. for further trial proceedings. Defts. Chapman and Abdur-Raheem continued on current bond, deft. Khan remanded. (rtra) (Entered: 02/25/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem set at 9:30 2/26/04 before Judge Leonie M. Brinkema (rtra) (Entered: 02/25/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem continued before Judge Brinkema ( Reporter: Linnell) USA appeared through: Gordon Kromberg, John Gibbs, David Laufman; Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, and William Cummings. Deftendants continued to adduce evidence and rest. Government adduced rebuttal evidence and rests. Court adjourned to reconvene 03/01/2004 at 10:00 a.m. for Closing Arguments. Defts Chapman and Abdur-Raheem continued on current bond, deft. Khan remanded. (rtra) (Entered: 02/27/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem set at 10:00 3/1/04 before Judge Leonie M. Brinkema (rtra) (Entered: 02/27/2004) 462 PARTIAL TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates 02/20/2004 02/23/2004 02/23/2004 02/23/2004 02/24/2004 02/24/2004 02/24/2004 02/25/2004 02/25/2004 02/26/2004 02/26/2004 02/26/2004 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 18 of 29 of February 20, 2004; Bench trial before Judge Brinkema (rtra) (Entered: 02/27/2004) 03/01/2004 Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem continued before Judge Brinkema ( Reporter: Thomson) USA appeared through: Gordon Kromberg, John Gibbs Dft(s) appeared through: Bernard Grim, Jennifer Wicks, John Zwerling, Lisa Kemler, William Cummings. Closing arguments heard. Matter taken under advisement, hearing schedule not set for final ruling. Bonds continued, deft. Khan remanded. (rtra) (Entered: 03/02/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem set at 3:00 3/4/04 before Judge Leonie M. Brinkema (rtra) (Entered: 03/02/2004) 464 TRIAL EXHIBIT CUSTODY FORM- Govt. exh #7A41 to USA (Photographic substitution) (rtra) (Entered: 03/02/2004) 465 TRIAL EXHIBIT CUSTODY FORM- Govt. exhibits 1H1, 1H3, 2A2, 2A3, 2A4, 2A5, 2A17a, 3A2, 3A2a, 5A1, 6A2, 7A36, 7A37, 7A42, 1H2, 3A17, 6A1, and 2A20 to USA (Photographic substitution) (rtra) (Entered: 03/02/2004) 466 TRIAL EXHIBIT CUSTODY FORM filed by USA as to deft. Sabri Benkhala (Exhibits filed and returned to the custody of USA pending trial) (rtra) (Entered: 03/02/2004) Bench Trial as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem continued before Judge Brinkema ( Reporter: Linnell) USA appeared through: Gordon Kromberg, John Gibbs, David Laufman; Dft(s) appeared through: Bernard Grim, Jennifer Wicks, Willam Cummings, JohnZwerling, Lisa Kemler. Court rules: As to Deft. Masoud Khan, Guilty as to Counts 1, 2, 4, 5, 11, 24, 25, and 27; Not Guilty as to Counts 3, 10, 26, and 32; As to Deft. Seifullah Chapman: Guilty as to Counts 1, 5, 11, 20, and 22; Not Guilty as to Counts 9 and 21; As to Deft. Hammad Abdur-Raheem: Guilty as to Counts 1, 5, and 11; Not Guilty as to Counts 12, 13, 14, and 31. Post trial Motions to be filed w/in 15 days. Defts Chapman and Abdur-Raheem's Oral Motion to continue bond pending sentencing-Argued and Denied. Matter referred to USPO for PSI and continued to 06/04/2004 at 9:00 a.m. for sentencing for defts Khan and Abdur-Raheem, 06/11/2004 for deft. Chapman. Defts remanded. Court adjourned. (rtra) (Entered: 03/04/2004) 470 COURT VERDICT Guilty: Seifullah Chapman (6) count(s) 1s, 5s, 11s, 20s, 22s , Not Guilty: Seifullah Chapman (6) count(s) 9s, 21s (rtra) (Entered: 03/04/2004) Sentencing before Judge Leonie M. Brinkema set for 9:00 6/11/04 for Seifullah Chapman , Seifullah Chapman (6) count(s) 1s, 5s, 11s, 20s, 22s (rtra) (Entered: 03/04/2004) 472 MEMORANDUM OPINION-Entered and Filed as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem ( Signed by Judge Leonie M. Brinkema ) (rtra) (Entered: 03/04/2004) 474 For the reasons stated in open court, ORDER as to Seifullah Chapman, Vacating [331-1] Order Setting Conditions of Release; and it is further ORDERED that the defendant be and is remanded into the custody of the USMS until his sentencing hearing scheduled for Friday, 06/11/2004 at 9:00 a.m. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 03/04/04 (rtra) (Entered: 03/06/2004) 476 JOINT MOTION by Hammad Abdur-Raheem, Seifullah Chapman, Masoud Ahmad Khan to Extend Time within which to file Post-Trial Motions (rtra) (Entered: 03/08/2004) 478 TRIAL BRIEF by USA Regarding Confrontation Clause Issue (rtra) (Entered: 03/09/2004) 480 ORDER as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem granting [476-1] joint motion by Hammad Abdur-Raheem, Seifullah Chapman, Masoud Ahmad Khan to Extend Time within which to file 03/02/2004 03/02/2004 03/02/2004 03/02/2004 03/04/2004 03/04/2004 03/04/2004 03/04/2004 03/04/2004 03/08/2004 03/08/2004 03/08/2004 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 19 of 29 Post-Trial Motions as to Masoud Ahmad Khan (2), Seifullah Chapman (6), Hammad Abdur-Raheem (7). ORDERED that the time for filing post-trial motions is hereby extended to April 30, 2004. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 03/08/04 (rtra) (Entered: 03/09/2004) 03/11/2004 04/05/2004 Request for transcript filed by deft. (Signed by Judge Hilton) forwarded to Court Reporter on 03-16-2004 (pmet) (Entered: 03/16/2004) 485 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 9, 2004; Bench Trial before Judge Brinkema (Vol. I) (rtra) Modified on 04/05/2004 (Entered: 04/05/2004) 486 SEALED TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 10, 2004; Bench Trial before Judge Brinkema (Vol. II) (rtra) Modified on 04/05/2004 (Entered: 04/05/2004) 487 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 10, 2004; Bench trial before Judge Brinkema (Vol. II-A) (rtra) (Entered: 04/05/2004) 488 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 11, 2004; Bench trial before Judge Brinkema (Vol. III) (rtra) (Entered: 04/05/2004) 489 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 12, 2004; Bench trial before Judge Brinkema (Vol. IV) (rtra) (Entered: 04/05/2004) 490 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 13, 2004; Bench trial before Judge Brinkema (Vol. V) (rtra) (Entered: 04/05/2004) 491 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 17, 2004; Bench trial before Judge Brinkema (Vol. VI) (rtra) (Entered: 04/05/2004) 492 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 18, 2004; Bench trial before Judge Brinkema (Vol. VII) (rtra) (Entered: 04/05/2004) 493 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 19, 2004; Bench trial before Judge Brinkema (Vol. VIII) (rtra) (Entered: 04/05/2004) 496 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 20, 2004; Bench trial before Judge Brinkema (Vol. 9) (rtra) (Entered: 04/08/2004) 497 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 23, 2004; Bench Trial before Judge Brinkema (Vol. 10) (rtra) (Entered: 04/08/2004) 498 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 24, 2004; Bench Trial before Judge Brinkema (Vol. 11) (rtra) (Entered: 04/08/2004) 499 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 25, 2004; Bench Trial before Judge Brinkema (Vol. 12) (rtra) (Entered: 04/08/2004) 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 04/05/2004 Case: 1:03-cr-00296-LMB 04/05/2004 As of: 07/11/2011 04:58 PM EDT 20 of 29 500 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 26, 2004; Bench Trial before Judge Brinkema (Vol. 13) (rtra) (Entered: 04/08/2004) 504 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem for dates of March 1, 2004; Bench Trial before Judge Brinkema (Vol. 14) (rtra) (Entered: 04/12/2004) 505 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem for dates of March 4, 2004; Bench Trial before Judge Brinkema (Vol. 15) (rtra) (Entered: 04/12/2004) 511 MOTION by Seifullah Chapman for New Trial Due to Denial of His Pretrial Request for Relief From Prejudicial Joinder (rtra) (Entered: 04/29/2004) 512 MOTION by Seifullah Chapman to Dismiss Superseding Indictment Due to Selective Prosecution (rtra) (Entered: 04/29/2004) 513 MOTION and Incorporated Memorandum of Law by Seifullah Chapman for Judgment of Acquittal , or in the Alternative for New Trial (rtra) (Entered: 04/29/2004) 516 CORRECTED MOTION by Seifullah Chapman for Judgment of Acquittal , or in the Alternative for New Trial and Incorporated Memorandum of Law (rtra) (Entered: 05/12/2004) 517 Government's Consolidated Response to Defendants' Post Trial Motions (rtra) (Entered: 05/13/2004) 521 REPLY by Seifullah Chapman to opposition to [512-1] motion to Dismiss Superseding Indictment Due to Selective Prosecution (kjon) (Entered: 06/01/2004) 522 REPLY by Seifullah Chapman to consolidated response to [516-2] motion for New Trial and [516-1] motion for Judgment of Acquittal (kjon) (Entered: 06/01/2004) 527 MOTION by Seifullah Chapman to participate at co-dft's new trial and judgment of acquittal motions hearing on 6/4/04 (kjon) (Entered: 06/02/2004) 530 ORDER as to Seifullah Chapman granting [527-1] motion by Seifullah Chapman to participate at co-dft's new trial and judgment of acquittal motions hearing as to Seifullah Chapman (6). ORDERED that the hearing on post trial motions and sentencing for defendants Khan, Chapman, and Abdur-Raheem be and is recheduled for 1:00 p.m. on Friday, June 11, 2004 in Courtroom 700. ( Signed by Judge Leonie M. Brinkema) Copies Mailed: 06/02/04 (rtra) (Entered: 06/02/2004) Sentencing before Judge Leonie M. Brinkema set for 1:00 6/11/04 for Masoud Ahmad Khan (2) count(s) 1s, 2s, 4s, 5s, 11s, 24s, 25s, 27s, Seifullah Chapman (6) count(s) 1s, 5s, 11s, 20s, 22s, Hammad Abdur-Raheem (7) count(s) 1s, 5s, 11s (rtra) (Entered: 06/02/2004) 532 SUPPLEMENTAL REPLY by Seifullah Chapman to Government's Consolidated Response to Defendants' Post Trial Motions (rtra) (Entered: 06/07/2004) 533 POSITION with Respect to Sentencing Factors by Seifullah Chapman (rtra) (Entered: 06/07/2004) 534 MOTION by Seifullah Chapman for Appropriate Relief (rtra) (Entered: 06/07/2004) Per LMB Chambers Deadline updated as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem reset Sentencing for 1:00 6/15/04 for Masoud Ahmad Khan, for Seifullah Chapman, for Hammad Abdur-Raheem before Judge Leonie M. Brinkema (stas) (Entered: 06/08/2004) 535 ORDER as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem. ORDERED that the hearing on post-trial motions and sentencing be and is rescheduled for 1:00 p.m. on Tuesday, June 15, 2004 in Courtroom 700. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 06/08/04 (rtra) (Entered: 04/09/2004 04/09/2004 04/29/2004 04/29/2004 04/29/2004 05/04/2004 05/13/2004 05/28/2004 05/28/2004 06/01/2004 06/02/2004 06/02/2004 06/04/2004 06/07/2004 06/07/2004 06/08/2004 06/08/2004 Case: 1:03-cr-00296-LMB 06/09/2004) 06/08/2004 As of: 07/11/2011 04:58 PM EDT 21 of 29 Motion hearing as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem [534-1] motion for Appropriate Relief , [528-1] motion to Adopt Motion of Other Defendant [527-1] motion by Seifullah Chapman to participate at co-dft's new trial and judgment of acquittal motions , [516-1] motion for Judgment of Acquittal [516-2] motion for New Trial [514-1] motion for Judgment of Acquittal [514-2] motion Conditional Motion for New Trial , [513-1] motion for Judgment of Acquittal , [513-2] motion for New Trial , [512-1] motion to Dismiss Superseding Indictment Due to Selective Prosecution , [511-1] motion for New Trial Due to Denial of His Pretrial Request for Relief From Prejudicial Joinder [510-1] motion for Judgment of Acquittal , [510-2] motion to Vacate Verdict , [510-3] motion for New Trial before Judge Leonie M. Brinkema 06/15/2004 at 1:00 p.m. in Courtroom 700 (rtra) (Entered: 06/09/2004) 537 POSITION with Respect to Sentencing Factors by USA as to Seifullah Chapman (rtra) (Entered: 06/14/2004) Exhibits received as to Seifullah Chapman as attachment to Defendant's Motion for Judgment of Aquittal or, in the Alternative, to Grant a New Trial and Incorporated Memorandum of Law (rtra) (Entered: 06/14/2004) 540 SUPPLEMENTAL RESPONSE by USA to Chapman's Restyled Motion to Reconsider (rtra) (Entered: 06/14/2004) 539 MOTION by Seifullah Chapman for discovery (rtra) (Entered: 06/14/2004) 541 RESPONSE by USA [534-1] motion for Appropriate Relief as to Seifullah Chapman (rtra) (Entered: 06/14/2004) Sentencing before Judge Leonie M. Brinkema held ( Reporter: Thomson) USPO: Kurt Bubenhoffer USA appeared through: Gordon Kromberg Dft(s) appeared through: John Zwerling, Lisa Kemler Seifullah Chapman (6) count(s) 1s, 5s, 11s, 20s, 22s. Deft's objections to terrorist enhancement, obstruction of justice, and Motion for downward departure-Argued and Denied; Deft's objection to destructive device enhancement-Granted; Deft's Motion for minor role adjustment-Granted. Court adopts guideline application in PSI, Court directs probation to substitute the Court's Memorandum Opinion for the factual findings. JUDGMENT: BOP for 1020 Months, w/credit for time served-60 Months as to Count 1; 180 Months as to Count 5, to be served concurrently w/Count 1; 360 Months as to Count 11, to be served concurrently w/Counts 1 and 5; 300 Months as to Count 20, to be served consecutively to Counts 1, 5, and 11; 360 Months as to Count 22, to be served consecutively to Count 20. 3 Yrs Supervised Release as to each Count, to be served concurrently. Drug testing waived. Fine/Costs waived. S/A $500.00 ($100.00 per Count) due immediately. Deft. to be designated to a facility as close to the Washington D.C. area as possible. Deft. advised of right to appeal w/in 10 days. Trial counsel to be appointed (CJA) for appeal. Deft. remanded. (rtra) (Entered: 06/16/2004) 543 JUDGMENT Seifullah Chapman (6) count(s) 1s. BOP for 60 Months, w/credit for time served; 3 Yrs Supervised Release; S/A $100.00 , Seifullah Chapman (6) count(s) 5s. BOP for 180 Months, to be served concurrently w/Count 1; 3 Yrs Supervised Release; S/A $100.00 , Seifullah Chapman (6) count(s) 11s. BOP for 360 Months, to be served concurrently w/Counts 1 and 5; 3 Yrs Supervised Release; S/A $100.00 , Seifullah Chapman (6) count(s) 20s. BOP for 300 Months, to be served consecutively to Counts 1, 5, and 11; 3 Yrs Supervised Release; S/A $100.00 , Seifullah Chapman (6) count(s) 22s. BOP for 360 Months, to be served consecutively to Count 20; 3 Yrs Supervised Release; S/A $100.00 ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 06/16/04 (rtra) (Entered: 06/16/2004) 544 NOTICE OF APPEAL by Seifullah Chapman (6) count(s) 1s, 5s, 11s, 20s, 22s (rtra) (Entered: 06/16/2004) 546 ORDER as to Seifullah Chapman, Appointing Counsel ORDERED that John Zwerling, Esq. is appointed to represent defendant Chapman on appeal. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 06/18/04 (rtra) (Entered: 06/22/2004) 06/10/2004 06/10/2004 06/10/2004 06/14/2004 06/14/2004 06/15/2004 06/15/2004 06/15/2004 06/18/2004 Case: 1:03-cr-00296-LMB 06/22/2004 06/24/2004 As of: 07/11/2011 04:58 PM EDT 22 of 29 547 CJA 20 as to Seifullah Chapman Appointment of Attorney (John Zwerling) (jcup) (Entered: 06/22/2004) 549 TRANSCRIPT EXCERPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem for dates of June 15, 2004; Sentencing before Judge Brinkema (rtra) (Entered: 06/24/2004) Notice(s) of Appeal, Copy of Docket Entries, and Final Judgment and Commitment Orders sent to the USCA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem (rtra) (Entered: 07/12/2004) USCA Case Number as to Seifullah Chapman Re: [544-1] appeal USCA Number: 04-4520; Case Manager: Mike Radday (rtra) (Entered: 07/17/2004) 552 USCA Order as to Seifullah Chapman; The Court appoints John Kenneth Zwerling of Alexandria, Virginia as counsel for the appellant pursuant to the provisions of the Criminal Justice Act. (rtra) (Entered: 07/17/2004) 554 USCA Order as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem; The COurt consolidates these cases for purposes of briefing and oral argument and directs that 1) one joint brief shall be permitted per side; 2) the parties on each side shall share the time allowed for oral argument; 3) each side shall notify the Court of the attorney designated as lead counsel within ten days of the date of this order. (rtra) (Entered: 07/17/2004) Request for transcript filed by deft (sentencing proceeding on 6/15/04) sent to LMB (kjon) (Entered: 07/28/2004) 557 Certification of completion sent to USCA re: as to [550-1] appeal by Masoud Ahmad Khan, [551-1] appeal by Hammad Abdur-Raheem, [544-1] appeal by Seifullah Chapman (rtra) (Entered: 08/11/2004) 559 MOTION by Seifullah Chapman for return of wife's passport (rtra) (Entered: 08/19/2004) 560 ORDER as to Seifullah Chapman granting [559-1] motion for return of wife's passport as to Seifullah Chapman (6) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 08/19/04 (rtra) (Entered: 08/19/2004) 561 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem for dates of June 15, 2004; Sentencing Hearing before Judge Brinkema (rtra) (Entered: 08/31/2004) 562 MEMORANDUM OPINION as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem ( Signed by Judge Leonie M. Brinkema ) (rtra) (Entered: 09/03/2004) 563 ORDER as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem. For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendant Khan's Motion for Judgment of Aquittal and to Vacate the Verdict and Grant a New Trial [510-1], Chapman's Motions for New Trial Due to Denial of His Pretrial Request for Relief From Prejudicial Joinder [511-1], Chapman's Renewed Motion to Dismiss Superseding Indictment Due to Selective Prosecution [512-1], Chapman's Motion for Judgment of Aquittal or in the Alternative, to Grant New Trial [513-1, 516-1], Hammad Abdur-Raheem's Motion for Judgment of Aquittal and Conditional Motion for New Trial [514-1], and Chapman's Motion for Appropriate Relief [534-1] be and are Denied. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 08/31/04 (rtra) (Entered: 09/03/2004) Return of Exhibits set 12/13/04 (kjon) (Entered: 10/04/2004) 568 Judgment Returned Executed as to Seifullah Chapman ; Executed on 09/29/04 (rtra) (Entered: 11/22/2004) 569 MOTION by Seifullah Chapman for Payment of Photocopying Fees (rtra) (Entered: 11/22/2004) 07/12/2004 07/16/2004 07/16/2004 07/16/2004 07/27/2004 08/11/2004 08/18/2004 08/19/2004 08/31/2004 08/31/2004 08/31/2004 10/04/2004 11/03/2004 11/19/2004 Case: 1:03-cr-00296-LMB 11/29/2004 As of: 07/11/2011 04:58 PM EDT 23 of 29 570 ORDER as to Seifullah Chapman granting [569-1] motion for Payment of Photocopying Fees as to Seifullah Chapman (6) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 11/29/04 (rtra) (Entered: 12/01/2004) 571 TRANSCRIPT filed in case as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem for dates of February 5, 2004; Motion Hearing before Judge Brinkema (rtra) (Entered: 12/16/2004) 572 UNOPPOSED MOTION by USA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem to Substitute Copy for Original Trial Exhibit (rtra) (Entered: 12/21/2004) 573 ORDER as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem granting [572-1] motion to Substitute Copy for Original Trial Exhibit as to Masoud Ahmad Khan (2), Seifullah Chapman (6), Hammad Abdur-Raheem (7) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 12/21/04 (rtra) (Entered: 12/21/2004) Return of Exhibits set 4/15/05 (kjon) (Entered: 01/10/2005) 576 MOTION by Seifullah Chapman to Remain at the Alexandria Adult Detention Center until Resentencing (rtra) (Entered: 04/14/2005) Return of Exhibits set 6/15/05 (kjon) (Entered: 04/14/2005) 577 ORDER as to Seifullah Chapman granting in part [576-1] Defendant's Motion to Remain at the Alexandria Adult Detention Center until Resentencing as to Seifullah Chapman (6). ORDERED that the USMS not move the defendant from AADC until further Order of the Court. ( Signed by Judge Leonie M. Brinkema ) [See Order for Details] Copies Mailed: 04/14/05 (rtra) (Entered: 04/15/2005) 578 RESPONSE by Seifullah Chapman to Court's Order for Specific Anticipated Date for Re-Sentencing (rtra) (Entered: 04/21/2005) 579 SUPPLEMENTAL MOTION by Seifullah Chapman Regarding the Place of His Confinement Pending His Anticipated Date for Re-Sentencing (rtra) (Entered: 04/21/2005) 580 ORDER as to Seifullah Chapman granting [579-1] motion Regarding the Place of His Confinement Pending His Anticipated Date for Re-Sentencing as to Seifullah Chapman (6) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 04/25/05 (rtra) (Entered: 04/25/2005) 581 ORDER of USCA (copy) as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem re 544 Notice of Appeal - Final Judgment, 551 Notice of Appeal - Final Judgment, 550 Notice of Appeal - Final Judgment. Appellants have filed a motion to remand case for resentencing. The court grants appellants' motion to the extent that this case is remanded to the district court solely for the limited purpose of resentencing. The court directs the parties immediately inform the court in writing upon the district court's resentencing of, and entry of new judgments for, the appellants in this matter. (nmck, ) (Entered: 05/13/2005) 583 ORDER For Fourth Circuit having remand this case for re-sentencing, it is hereby ORDERED that the re-sentencing hearing for defendants Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem will be held in courtroom 600 on Friday, July 29, 2005 at 1:30 p.m. Signed by Judge Leonie M. Brinkema on 6/3/05. Copies Mailed: yes (klau, ) (Entered: 06/06/2005) Set re-sentencing Hearing as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem: Sentencing set for 7/29/2005 01:30 PM before Honorable District Judge Leonie M. Brinkema. (klau, ) (Entered: 06/06/2005) Terminate Return of Exhibits Deadlines as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Masoud Ahmad Khan, Yong Ki Kwon, Muhammed Aatique, Seifullah Chapman, Hammad Abdur-Raheem, Donald Thomas Surratt, II, Caliph Basha Ibn Abdur-Raheem, Khwaja Mahmood Hasan, Sabri Benkhala: (klau, ) (Entered: 06/15/2005) 12/16/2004 12/20/2004 12/21/2004 01/10/2005 04/13/2005 04/14/2005 04/15/2005 04/20/2005 04/21/2005 04/25/2005 05/12/2005 06/03/2005 06/03/2005 06/15/2005 Case: 1:03-cr-00296-LMB 07/21/2005 07/26/2005 07/28/2005 07/29/2005 As of: 07/11/2011 04:58 PM EDT 24 of 29 587 Position on Sentencing on Remand by Seifullah Chapman (klau, ) (Entered: 07/22/2005) 594 Reply by USA to 587 Position on Sentencing on Remand by Seifullah Chapman (stas) (Entered: 07/26/2005) 597 Deft's Response to 594 the Government's Reply to Defendant Chapman's Position on Sentencing on Remand (karn, ) (Entered: 07/28/2005) Minute Entry for proceedings held before Judge Leonie M. Brinkema :ReSentencing held on 7/29/2005 for Seifullah Chapman (6). ORIG. SENTENCE: Count(s) 1, 11, 12, 13, 14, 15, 16, 29, 3, 31, 4, 5, DISMISSED; Count(s) 11s, BOP for 360 Months, to be served concurrently w/Counts 1 and 5; 3 Yrs Supervised Release; S/A $100.00 PER RESENTENCING JUDGMENT 7/29/05: CHANGED TO 120 mos. concurrently w/ Counts 1 and 5; Count(s) 15s, Dismissed upon Motion of the Defendant; Count(s) 19s, 24s, 25s, 26s, 27s, 28s, 8s, Dismissed upon Rule 29 Motion of the Defendant; Count(s) 1s, BOP for 60 Months, w/credit for time served; 3 Yrs Supervised Release; S/A $100.00 (NO CHANGE PER RESENTENCING JUDGMENT 7/29/05: 60 mos. as to Count 1); Count(s) 20s, BOP for 300 Months, to be served consecutively to Counts 1, 5, and 11; 3 Yrs Supervised Release; S/A $100.00 NO CHANGE PER RESENTENCING JUDGMENT 7/29/05: 300 mos. consecutively to Counts 1, 5 and 11.; Count(s) 21s, 9s, Not Guilty; Count(s) 22s, BOP for 360 Months, to be served consecutively to Count 20; 3 Yrs Supervised Release; S/A $100.00 NO CHANGE PER RESENTENCING JUDGMENT 7/29/05: 360 mos. consecutively to Count 20.; Count(s) 5s, BOP for 180 Months, to be served concurrently w/Count 1; 3 Yrs Supervised Release; S/A $100.00 PER RESENTENCING JUDGMENT 7/29/05: CHANGED TO 120 mos. concurrently w/ Count 1. Appearances: Gibbs/Kromberg for USA; Deft w/ counsel: Zwerling. Deft to be designated to a medical facility. Remanded. (Court Reporter Thomson.) (tbul, ) (Entered: 08/03/2005) 599 Defendant's Proffer of Randall Todd Royer's Testimony, filed in open court by Seifullah Chapman (tbul, ) (Entered: 08/03/2005) 600 JUDGMENT ON RE-SENTENCING as to Seifullah Chapman (6) ORIG. SENTENCE: Count(s) 1, 11, 12, 13, 14, 15, 16, 29, 3, 31, 4, 5 DISMISSED; Count(s) 11s, BOP for 360 Months, to be served concurrently w/Counts 1 and 5; 3 Yrs Supervised Release; S/A $100.00 PER RESENTENCING JUDGMENT 7/29/05: COUNT 11 CHANGED TO 120 mos. concurrently w/ Counts 1 and 5; Count(s) 15s, Dismissed upon Motion of the Defendant; Count(s) 19s, 24s, 25s, 26s, 27s, 28s, 8s, Dismissed upon Rule 29 Motion of the Defendant; ORIG. SENTENCE: Count(s) 1s: BOP for 60 Months, w/credit for time served; 3 Yrs Supervised Release; S/A $100.00 (NO CHANGE PER RESENTENCING JUDGMENT 7/29/05: 60 mos. as to Count 1); ORIG. SENTENCE: Count(s) 20s, BOP for 300 Months, to be served consecutively to Counts 1, 5, and 11; 3 Yrs Supervised Release; S/A $100.00 (NO CHANGE PER RESENTENCING JUDGMENT COUNT 20 CHANGED 7/29/05 TO: 300 mos. consecutively to Counts 1, 5 and 11); ORIG. SENTENCE: Count(s) 21s, 9s, Not Guilty; Count(s) 22s, BOP for 360 Months, to be served consecutively to Count 20; 3 Yrs Supervised Release; S/A $100.00 (NO CHANGE PER RESENTENCING JUDGMENT 7/29/05: 360 mos. consecutively to Count 20); ORIG. SENTENCE: Count(s) 5s: BOP for 180 Months, to be served concurrently w/Count 1; 3 Yrs Supervised Release; S/A $100.00 PER RESENTENCING JUDGMENT 7/29/05 COUNT 5: CHANGED TO 120 mos. concurrently w/ Count 1. . Signed by Judge Leonie M. Brinkema on 7/29/05. (tbul, ) Modified on 8/3/2005 to correct title (tbul, ). (Entered: 08/03/2005) 598 In light of deft Seifullah Chapman's extremely serious medical problems, and for the reasons stated in open court, ORDER that the USMS ensure that deft Chapman is transported directly to the facility to which he is designated without any stopovers. It is hereby ORDERED that the Bureau of Prisons reexamine the deft's designation in light of his Amended Presentence Report and designate him to the lowest security institution possible consistent with the Bureau's policies. Signed by Judge Leonie M. Brinkema on 8/2/05. (karn, ) (Entered: 08/03/2005) 07/29/2005 07/29/2005 08/02/2005 Case: 1:03-cr-00296-LMB 08/05/2005 08/05/2005 08/11/2005 As of: 07/11/2011 04:58 PM EDT 25 of 29 604 NOTICE OF APPEAL by Seifullah Chapman re 600 Judgment, dated 7/29/05. Copy sent to USCA. Copy sent to parties. (nmck, ) (Entered: 08/08/2005) 605 NOTICE OF APPEAL by Seifullah Chapman re 600 Judgment, dated 7/29/05. Copy sent to USCA. Copy sent to parties. (nmck, ) (Entered: 08/08/2005) USCA Case Number 05-4818, case manager Mike Radday for 604 Notice of Appeal - Final Judgment filed by Seifullah Chapman,, 605 Notice of Appeal - Final Judgment filed by Seifullah Chapman,. (nmck, ) (Entered: 08/12/2005) 609 ORDER of USCA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem. The Court consolidates appeal numbers 05-4811 and 05-4818 with previously consolidated appeal numbers 04-4519, 04-4520, and 04-4521 for purposes of briefing and oral argument and directs that: 1. one joint brief shall be permitted per side; 2. the parties on each side shall share the time allowed for oral argument; 3. each side shall notify the Court of the attorney designated as lead counsel within ten days of the date of this Order. (klau, ) (Entered: 08/25/2005) 610 ORDER of USCA as to Seifullah Chapman; The Court appoints John Kenneth Zwerling of Alexandria, Virginia as counsel for the appellant pursuant to the provisions of the Criminal Justice Act. (klau, ) (Entered: 08/25/2005) 614 ORDER of USCA (copy) as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, the court consolidates these cases for purposes of briefing and oral agument. 04-4519, 04-4520, 04-4521,05-4811,05-4818,05-4893. (see order for details) (nmck, ) (Entered: 09/07/2005) 615 TRANSCRIPT of Proceedings as to Seifullah Chapman held on 7/29/05 before Judge Leonie M. Brinkema. Court Reporter: Anneliese J. Thomson. (klau, ) (Entered: 09/09/2005) 619 SUPPLEMENTAL Certificate of Completion re 604 Notice of Appeal - Final Judgment, 544 Notice of Appeal - Final Judgment, 551 Notice of Appeal - Final Judgment, 550 Notice of Appeal - Final Judgment, 605 Notice of Appeal - Final Judgment, 611 Notice of Appeal - Final Judgment, 603 Notice of Appeal - Final Judgment (nmck, ) (Entered: 10/14/2005) 621 REQUEST for Additional Transcripts by Seifullah Chapman. (klau, ) (Entered: 10/25/2005) 623 TRANSCRIPT of Proceedings as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem held on 1/23/04 before Judge Brinkema. Court Reporter: Anneliese J. Thomson. (nhall, ) (Entered: 11/16/2005) 624 SUPPLEMENTAL Certificate of Completion re 604 Notice of Appeal - Final Judgment, 544 Notice of Appeal - Final Judgment, 551 Notice of Appeal - Final Judgment, 550 Notice of Appeal - Final Judgment, 605 Notice of Appeal - Final Judgment, 611 Notice of Appeal - Final Judgment, 603 Notice of Appeal - Final Judgment (nmck, ) (Entered: 11/21/2005) 644 UNOPPOSED MOTION to Substitute Copies for Original Trial Exhibits by USA as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem. (klau, ) (Entered: 04/18/2006) 645 CONSENT ORDER granting 644 Motion to Substitute Copies for Original Trial Exhibits as to Masoud Ahmad Khan (2), Seifullah Chapman (6), Hammad Abdur-Raheem (7), ORDERED, ADJUDGED, AND DECREED THAT the United States is authorized to substitute copies for the originals of the following government exhibits now in the custody of the Clerk of the Court: 3A3, 3A4, 3A8, 3A11, 3A12, 3C4, 3C4a, 7A35c, 7A35ci, 7A35g, 7F2a, 7H3. Signed by Judge Leonie M. Brinkema on 4/12/06. Copies Mailed: yes (klau, ) (Entered: 04/18/2006) Original Exhibits (3A3, 3A4, 3A8, 3A11, 3A12, 3C4, 3C4A, 7A35C, 7A35CI, 7A35g, 7F2A, 7H3) returned to U.S. Attorney with Substitute Copies (klau, ) (Entered: 04/27/2006) 08/22/2005 08/22/2005 09/06/2005 09/08/2005 10/14/2005 10/24/2005 11/15/2005 11/21/2005 04/12/2006 04/12/2006 04/19/2006 Case: 1:03-cr-00296-LMB 09/05/2006 As of: 07/11/2011 04:58 PM EDT 26 of 29 647 Opinion of USCA (Copy) as to Masoud Ahmad Khan, Seifullah Chapman re 604 Notice of Appeal - Final Judgment, 544 Notice of Appeal - Final Judgment, 550 Notice of Appeal - Final Judgment, 603 Notice of Appeal - Final Judgment, Decided 9/1/06 Affirmed in part; remanded in part (clar, ) (Entered: 09/12/2006) 649 ORDER of USCA (copy) as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem re 604 Notice of Appeal - Final Judgment, 605 Notice of Appeal - Final Judgment, 611 Notice of Appeal - Final Judgment, 603 Notice of Appeal - Final Judgment, The court amends its opinion filed 9/1/06, as follows: On page 5, final paragraph, line 3, and on page 6, line 1 -- "Dar al Argam" is corrected to read "Dar al Arqam." (nmck, ) (Entered: 09/19/2006) 650 Letter to court from USCA re: the mandate in this case will not issue at the scheduled time because a timely petitition for rehearing has been filed. (nmck, ) (Entered: 09/21/2006) 651 ORDER of USCA (copy) as to Masoud Ahmad Khan, Seifullah Chapman, Hammad Abdur-Raheem re 604 Notice of Appeal - Final Judgment, 605 Notice of Appeal - Final Judgment, 611 Notice of Appeal - Final Judgment, 603 Notice of Appeal - Final Judgment, that the petition for rehearing en banc is denied. (nmck, ) (Entered: 10/11/2006) 653 JUDGMENT of USCA (certified copy) as to Masoud Ahmad Khan, Seifullah Chapman re 604 Notice of Appeal - Final Judgment, 544 Notice of Appeal - Final Judgment, 550 Notice of Appeal - Final Judgment, 605 Notice of Appeal - Final Judgment, 603 Notice of Appeal - Final Judgment, In accordance with the written opinion of this court filed this day, the court affirms the judgment of the district court. A certified copy of this judgment will be provided to the district court upon issuanc of the mandate. The judgment will take effect upon issuance of the madate. (mandate issued) (nmck, ) (Entered: 10/16/2006) 669 MOTION to Appoint Counsel for habeus corpus by Seifullah Chapman. (krob, ) (Entered: 05/22/2008) 670 MOTION to Vacate under 28 U.S.C. 2255 by Seifullah Chapman. (krob, ) Civil case 1:08-cv-517 opened. (Entered: 05/22/2008) 673 Memorandum in Support by Seifullah Chapman re 670 MOTION to Vacate under 28 U.S.C. 2255 (krob, ) (LARGE PLEADING) (Entered: 05/22/2008) 675 ADDENDUM 670 MOTION to Vacate under 28 U.S.C. 2255 by Seifullah Chapman. (krob) (Entered: 05/30/2008) 677 ORDERED that the 669 Motion to Appoint Counsel as to Seifullah Chapman (6) is DENIED and that the government file an answer within 60 day of this order re: 670 MOTION to Vacate under 28 U.S.C. 2255. Signed by District Judge Leonie M. Brinkema on 5/29/08. (krob, ) (Entered: 05/30/2008) 678 ORDERED that defendant's request that the court consider the 675 Addendum filed by Seifullah and affidavit in reviewing the defendant's 2255 motion is GRANTED as to Seifullah Chapman. Signed by District Judge Leonie M. Brinkema on 6/2/08. Copies sent. (krob ) (Entered: 06/02/2008) 679 Second Addendum by Seifullah Chapman re 670 MOTION to Vacate under 28 U.S.C. 2255 (krob, ) (Entered: 06/04/2008) 680 ORDERED that defendant's request that the court consider the addendum and its attachments in reviewing 2255 motion be and is granted as to Seifullah Chapman re 679 Second Addendum by Seifullah Chapman re 670 MOTION to Vacate under 28 U.S.C. 2255 filed by Seifullah Chapman. Signed by District Judge Leonie M. Brinkema on 6/9/08. Copies sent. (krob) (Entered: 06/10/2008) 682 RESPONSE to Motion by USA as to Seifullah Chapman re 670 MOTION to Vacate under 28 U.S.C. 2255 (jlan) (Entered: 07/24/2008) 691 RESPONSE to re 670 MOTION to Vacate under 28 U.S.C. 2255 by Seifullah Chapman (sbak, ) (Entered: 09/10/2008) 09/08/2006 09/19/2006 10/02/2006 10/12/2006 05/21/2008 05/21/2008 05/21/2008 05/29/2008 05/29/2008 06/02/2008 06/03/2008 06/09/2008 07/24/2008 09/08/2008 Case: 1:03-cr-00296-LMB 09/12/2008 07/15/2009 07/15/2009 07/16/2009 As of: 07/11/2011 04:58 PM EDT 27 of 29 692 REPLY TO RESPONSE to by Seifullah Chapman re 691 Response to Motion (Large Pleading). (rban, ) Modified on 12/24/2009 (krob, ). (Entered: 09/15/2008) 713 MOTION UNDER 28 USC 2255 for Writ of Habeas Corpus ad testificandum by Seifullah Chapman. (sbak, ) (Entered: 07/16/2009) 714 Memorandum in Support re 713 MOTION UNDER 28 USC 2255 for Writ of Habeas Corpus ad testificandum (sbak, ) (Entered: 07/16/2009) Set Deadlines re Motion or Report and Recommendation in case as to Seifullah Chapman 713 MOTION for Writ of Habeas Corpus ad testificandum. Motion Hearing set for 7/17/2009 at 09:00 AM before District Judge Leonie M. Brinkema. (Per LMB chambers) (clar, ) (Entered: 07/16/2009) Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing as to Seifullah Chapman held on 7/17/2009. US appeared through Gordon Kromberg. Deft appeared through counsel John Zwirling. Deft motion is argued in open court and GRANTED. (Order to follow). (Court Reporter S. Christian.) (yguy) (Entered: 07/20/2009) 715 ORDER: For the reasons stated in open court, it is hereby ORDERED that, in light of the defendant's serious medical condition and needs, the Judgment Order of July 29, 2005 be and is amended to reflect that this Court recommends that the defendant be designated to the Federal Medical Center at Butner, North Carolina and that the Bureau of Prisons immediately transport him to FMC Butner. Signed by District Judge Leonie M. Brinkema on 07/17/09. (yguy) (Entered: 07/20/2009) 716 Letter from Defendant to the Court. (Attachments: # 1 Envelope) (sbak, ) (Entered: 08/21/2009) 722 Letter from from defendant re: Medical Treatment from BOP (krob, ) (Entered: 12/23/2009) 723 Letter from Judge Brinkema to counsel directing counsel to investigate the medical issues mentioned in the defendant's letter dated 12/22/09 and report the findings to her re: Medical treatment of deft. by BOP. (krob ) (Entered: 12/23/2009) 724 MEMORANDUM OPINION re: 2255 Motion as to Seifullah Chapman. Signed by District Judge Leonie M. Brinkema on 12/23/09. (krob) (Entered: 12/24/2009) 725 ORDER dismissing 670 Motion to Vacate (2255) with prejudice as to Seifullah Chapman (6). Signed by District Judge Leonie M. Brinkema on 12/23/09. (krob) Civil Case 1:08-cv-00517-LMB closed. (Entered: 12/24/2009) 726 MOTION for Certificate of Appealability by Seifullah Chapman. (jcor) (Entered: 02/25/2010) 727 MOTION for Reconsideration of 725 Order on Motion to Vacate (2255) by Seifullah Chapman. (jcor) (Entered: 02/25/2010) 728 NOTICE OF APPEAL by Seifullah Chapman as to 725 Order on Motion to Vacate (2255) dated 12/23/09. Appeal fee not paid. Copies mailed to USCA and to parties. (Case is paper) (This appeal is pursuant to order dated 2/26/10) (nmck, ) (Entered: 03/01/2010) 730 DUPLICATE NOTICE OF APPEAL by Seifullah Chapman as to 725 Order on Motion to Vacate (2255) dated 12/23/09. Copies mailed to USCA and to parties. (Case is paper) (This was filed at the Court of Appeals on 2/23/10 and rec'd in the district court on 3/4/10) (nmck, ) (Entered: 03/05/2010) 729 ORDER denying 726 Motion for Certificate of Appealability as to Seifullah Chapman (6); denying 727 Motion for Reconsideration as to Seifullah Chapman (6). These motions have been filed on the last day of Chapman's time to file a Notice of Appeal of the Order and Memorandum Opinion of December 23, 2009. As it is clear that the deft disagrees with this court's ruling and wants to appeal, the court will construe the motion for Reconsideration also to serve as a Notice of Appeal. Accordingly, it is hereby ORDERED that the Clerk's office docket the Motion for Reconsideration 727 as a timely filed Notice of Appeal 728 . Deft must still request and obtain a certificate of appealability from a circuit justice or judge. 07/17/2009 07/17/2009 08/14/2009 12/22/2009 12/23/2009 12/23/2009 12/23/2009 02/23/2010 02/23/2010 02/23/2010 02/23/2010 02/26/2010 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:58 PM EDT 28 of 29 See 28 U.S.C. 2253(c)(1)(B), FRAP 22(b), and it is further ORDERED that all future pleadings be filed with the Court of Appeals for the Fourth Circuit. Copies mailed.. Signed by District Judge Leonie M. Brinkema on 2/26/10. (nmck, ) (Entered: 03/01/2010) 03/01/2010 Transmission of Notice of Appeal to 4CCA as to Seifullah Chapman to US Court of Appeals re 728 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Mailed to USCA, case is paper) (nmck, ) (Entered: 03/01/2010) USCA Case Number 10-6338 4th Circuit, case manager Gena Krawcheck for 728 Notice of Appeal filed by Seifullah Chapman. (nmck, ) (Entered: 03/05/2010) Transmission of Duplicate Notice of Appeal to 4CCA as to Seifullah Chapman to US Court of Appeals re 730 Duplicate Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (mailed to USCA, case is paper) (nmck, ) (Entered: 03/05/2010) 731 Letter to court from USCA, please transmit the record to this office. (nmck, ) (Entered: 03/08/2010) PRESENTENCE INVESTIGATION REPORT (Sealed) as to Seifullah Chapman (nmck, ) (Entered: 03/08/2010) Certified and Transmitted Record on Appeal as to Seifullah Chapman to US Court of Appeals re 728 Notice of Appeal in 3 volumes. (Vol. 3 is under seal presentence Report) (nmck, ) (Entered: 03/10/2010) 733 UNPUBLISHED Opinion of USCA decided 10/4/10 as to Seifullah Chapman re 728 Notice of Appeal, Dismissed. (nmck, ) (Entered: 10/04/2010) 734 JUDGMENT of USCA as to Seifullah Chapman re 728 Notice of Appeal. In accordance with the decision of this court, a certificate of appealability is denied and the appeal is dismissed. This judgment shall take effect upon issuance of this court's mandate in accordance with FRAP. 41. (nmck, ) (Entered: 10/04/2010) 735 ORDERED that the Clerk file the letter and its attachments in this case file and send copies to counsel of record; if counsel have any position on this letter they so advise the court within 14 days. Signed by District Judge Leonie M. Brinkema on 10/12/2010. (jcor) (Entered: 10/12/2010) 736 MOTION for Appropriate Relief re 735 Order by Seifullah Chapman. (jcor) (Entered: 10/26/2010) 737 ORDER denying 736 Motion for Appropriate Relief as to Seifullah Chapman (6). Signed by District Judge Leonie M. Brinkema on 11/8/2010. (jcor) (Entered: 11/10/2010) 738 MOTION to Seal attachments in presently and previously filed motions which relate to medical conditions. by Seifullah Chapman. (jcor) (Entered: 11/10/2010) 739 SUPPLEMENTAL MOTION for Appropriate Relief by Seifullah Chapman. (jcor) (Entered: 11/10/2010) 740 ORDERED that the defendant's Motion to Seal 738 be and is DENIED.; Defendant's Supplemental Motion 739 be and is DENIED and no further complaints about how the defendant is being treated by the BOP should be filed in this court unless the defendant can first establish that this Court has jurisdiction to address those complaints. Signed by District Judge Leonie M. Brinkema on 11/12/2010. (jcor) (Entered: 11/15/2010) 741 USCA Mandate as to Seifullah Chapman re 728 Notice of Appeal. The judgment of this court, entered 10/4/10, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the FRAP. (nmck, ) (Entered: 12/02/2010) 03/05/2010 03/05/2010 03/05/2010 03/08/2010 03/10/2010 10/04/2010 10/04/2010 10/12/2010 10/26/2010 11/08/2010 11/10/2010 11/10/2010 11/12/2010 12/02/2010 Case: 1:03-cr-00296-LMB 12/07/2010 12/08/2010 As of: 07/11/2011 04:58 PM EDT 29 of 29 Appeal Record Returned as to Seifullah Chapman: 728 Notice of Appeal, 730 Notice of Appeal, in 3 volumes. (nmck, ) (Entered: 12/08/2010) Presentence Report returned to Probation for Seifullah Chapman (nmck, ) (Entered: 12/08/2010)