Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 1 of 19 2255, CLOSED U.S. District Court Eastern District of Virginia - (Alexandria) CRIMINAL DOCKET FOR CASE #: 1:03-cr-00296-LMB-1 Case title: USA v. Royer et al Related Case: 1:09-cv-00300-LMB Assigned to: District Judge Leonie M. Brinkema Defendant (1) Randall Todd Royer TERMINATED: 04/09/2004 represented by Ashraf Wajih Nubani The Nubani Law Firm 5019-B Backlick Rd Annandale, VA 22003 (703) 658-5151 Fax: 703-997-8556 Email: awn@nubanilaw.com TERMINATED: 08/20/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained John N Nassikas , III Arnold &Porter LLP (DC) 555 12th St NW Washington, DC 20004 (202) 942-5000 Fax: (202) 942-5999 Email: nassikas.john@arentfox.com TERMINATED: 12/08/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Joseph Ray Price Arent Fox PLLC 1050 Connecticut Ave NW Washington, DC 20036-5339 (202) 857-6000 Email: pricej@arentfox.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Stanley L. Cohen 351 Broadway New York, NY 10013 **NA* (212) 979-7572 TERMINATED: 08/20/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Marvin David Miller 1203 Duke Street The Gorham House Alexandria, VA 22314 (703) 548-5000 Date Filed: 06/25/2003 Date Terminated: 04/09/2004 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 2 of 19 Email: katherine@marvinmilleratlaw.com ATTORNEY TO BE NOTICED Designation: Retained Pending Counts (18:371.F) 18:371 Conspiracy (Ct.1 01-2000 to 06-2003) (1) [18:924C.F] 18 USC 924(c)(2) and 3238 Aid and Abet the Use and Discharge of Firearm during and in Relation to a Crime of Violence (2001) (1ss) (18:960.F) 18:960 Commencing an expedition against a friendly nation (Ct.2 05-03-2000) (2) [18:844H.F] 18 USC 844(h)(2),2, and 3238 Aid and Abet the Carrying of an Explosive during the Commssion of a Felony (2000) (2ss) (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 &2(a) Commencing an expedition against a friendly nation (Ct.5 10-2001) (5) (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) &(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) &2(a) Using a firearm in connection with a crime of violence (Ct.23 04-2000) (23) (18:924C.F) 18:924(c) &2(a) Using a firearm in connection with a crime of violence (Ct.27 09-2000) (27) (18:924C.F) 18:924(c) &2(a) Using a firearm in connection with a crime of violence (Ct.28 Disposition DISMISSED BOP for 120 Months, w/credit for time served, to be served consecutively to the term of imprisonment imposed in Count 2; 3 Yrs Supervised Release; S/A $100.00 DISMISSED BOP for 120 Months, w/credit for time served; 3 Yrs Supervised Release, to be served concurrently w/the term of supervision imposed in Count 1; S/A $100.00 DISMISSED DISMISSED DISMISSED DISMISSED DISMISSED DISMISSED DISMISSED Case: 1:03-cr-00296-LMB 09-17-2000) (28) (18:924C.F) 18:924(c) &2(a) Using a firearm in connection with a crime of violence (Ct.32 09-22-2001) (32) (18:924C.F) 18:924(c) &2(a) Using a firearm in connection with a crime of violence (Ct.33 10-2001) (33) (18:924C.F) 18:924(c) &2(a) Using a firearm in connection with a crime of violence (Ct.34 10-2001) (34) (18:924C.F) 18:924(c) &2(a) Using a firearm in connection with a crime of violence (Ct.35 10-2001) (35) (18:924C.F) 18:924(c) &2(a) Using a firearm in connection with a crime of violence (Ct.36 10-2001) (36) Highest Offense Level (Opening) Felony Terminated Counts (18:371.F) 18:371 Conspiracy (Ct.1 2000-2003) FORFEITURE (1s) (18:2384.F) 18:2384 Conspiracy to Levy War Against the U.S. (Ct.2 2003) (2s) (18:2339B.F) 18:2339B Conspiracy to Provide Material Support to Al-Qaeda (Ct.3 2003) (3s) (50:1705.F) 50:1705 Conspiracy to Contribute Services to the Taliban (Ct.4 2003) (4s) (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.7 05-03-2000) (7s) As of: 07/11/2011 04:44 PM EDT 3 of 19 DISMISSED DISMISSED DISMISSED DISMISSED DISMISSED Disposition Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Case: 1:03-cr-00296-LMB (18:960.F) 18:960 Commencing an Expedition Against a Friendly Nation (Ct.10 11-2001) (10s) (18:9240.F) 18:924(o) Conspiracy to Possess and Use Firearms in Connection with a Crime of Violence (Ct.11 2003) FORFEITURE (11s) (18:924C.F) 18:924(c) Using Firearm in Connection with a Crime of Violence (Ct.18 04-2000) (18s) (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.23 09-2001) FORFEITURE (23s) (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) Highest Offense Level (Terminated) Felony Complaints None As of: 07/11/2011 04:44 PM EDT 4 of 19 Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Dismissed upon Motion of the United States Disposition Plaintiff USA represented by David H. Laufman United States Attorney's Office Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 5 of 19 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 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) 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) 06/25/2003 06/25/2003 06/25/2003 06/25/2003 06/27/2003 Case: 1:03-cr-00296-LMB 06/27/2003 06/27/2003 As of: 07/11/2011 04:44 PM EDT 6 of 19 10 WARRANT Returned Executed as to Randall Todd Royer on 6/27/03 ' (dana) (Entered: 06/27/2003) Initial appearance as to Randall Todd Royer before Magistrate Judge Thomas R. Jones Jr. held ; Detention Hearing set for 2:00 7/2/03 for Randall Todd Royer ( FTR) USA appeared through: Laupin Dft(s) appeared through: w.atty, deft to retain atty. (Defendant informed of rights.)Matter called, govt's motion for detention- granted. Deft remanded. (dana) (Entered: 06/27/2003) 11 ORDER OF TEMP DETENTION as to Randall Todd Royer ( Signed by Magistrate Judge Thomas R. Jones Jr. ) (dana) (Entered: 06/27/2003) 35 NOTICE of Appearance for Randall Todd Royer by Attorney Stanley L. Cohen (dana) (Entered: 07/02/2003) 36 NOTICE of Appearance for Randall Todd Royer by Attorney Ashraf Wajih Nubani (dana) (Entered: 07/02/2003) Detention hearing as to Randall Todd Royer, Hammad Abdur-Raheem, Donald Thomas Surratt before Magistrate Judge Thomas R. Jones Jr. held ( Linnell and FTR) USA appeared through: Laufman, Kromberg and Hammerstrom. Deft Royer w/Cohen and Nubani, Surratt w/ Goldburg, Hammad Abdur-Rahemm w/Brodnax Court Hours: -. Matter called, govt's motion for detention as to Royer and Hammad Abdur-Raheem- argued and denied. Govt has no objection to Surratt being released. Deft's released on PR bond w/conditions. Royer waives atty. conflict. Govt's motion to stay release of Royer and Hammad Abdur-Raheem- granted. Deft's remanded for further proceedings. (dana) Modified on 07/07/2003 (Entered: 07/02/2003) 37 ORDER Setting Conditions of Release as to Randall Todd Royer ( Signed by Magistrate Judge Thomas R. Jones Jr. ) Copies Mailed: y (dana) (Entered: 07/02/2003) 41 Masaud Khan's Opposition as to [24-2] motion to revoke release order by USA (pmet) (Entered: 07/03/2003) 42 ORDER as to Randall Todd Royer, for Stanley Lewis Cohen to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 164756 ( Signed by Magistrate Judge Thomas R. Jones Jr. ) (pmet) (Entered: 07/03/2003) 43 ORDER as to Randall Todd Royer, Staying Order Setting Conditions of Release , set Government's Appeal Hearing for 11:00 7/8/03 for Randall Todd Royer ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 07/03/2003) Arraignment as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Masoud Ahmad Khan, Yong Ki Kwon, Mohammed Aatique, Hammad Abdur-Raheem, Donald Thomas Surratt, Caliph Basha Ibn Abdur-Raheem held before Judge Leonie M. Brinkema. Dft's WFA, PNG and demand trial by jury. Speedy trial orally waived. Motions to be filed by 9/15/03. Motion Hearing set for 9:00 10/17/03. Jury Trial set for 10:00 11/17/03. ( Reporter: A. Thomson) USA appeared through: David Laufman, Neil Hammerstrom. Dft(s) appeared w/counel: Ashraf Nubani/Stanley Cohen, Salam Ali, Meredith Taylor/Danny Onorato, Matthew Wartel, Alan Dexter Bowman, Pleasant Brodnax, Peter Goldman, Drew Hutcheson. Mr. Cohen advised court of Brady Issue. If gvt files appeal on H. Abdur-Raheem - heard @ 2:00; Aatique @ 3:00. Royer shall be heard on 7/8/03 @ 11:00 a.m.- stay is pending until such time. Dft's remanded. (agil) (Entered: 07/03/2003) Hearing Deadline as to Randall Todd Royer set 11:00 7/8/03 before Judge Leonie M. Brinkema re: detention (agil) (Entered: 07/03/2003) ORAL WAIVER of Speedy Trial by Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Masoud Ahmad Khan, Yong Ki Kwon, Mohammed Aatique, Hammad Abdur-Raheem, Donald Thomas Surratt, Caliph Basha Ibn Abdur-Raheem (agil) (Entered: 07/07/2003) 06/27/2003 07/02/2003 07/02/2003 07/02/2003 07/02/2003 07/02/2003 07/02/2003 07/03/2003 07/03/2003 07/03/2003 07/04/2003 Case: 1:03-cr-00296-LMB 07/07/2003 07/07/2003 As of: 07/11/2011 04:44 PM EDT 7 of 19 51 MOTION by USA as to Randall Todd Royer by USA to revoke release order (pmet) (Entered: 07/07/2003) 52 ORDER as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Masoud Ahmad Khan, Yong Ki Kwon, Mohammed Aatique, Hammad Abdur-Raheem, Donald Thomas Surratt, Caliph Basha Ibn Abdur-Raheem; ORDERED that this case be and is set for trial by jury on Monday, November 17, 2003; and it is further ORDERED that pre-trial motions be filed by September 15, 2003 and noticed for oral argument on October 17, 2003. [See Order for Details] ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 07/07/03 (rtra) (Entered: 07/08/2003) Minute entry as to Randall Todd Royer : ( before Judge Leonie M. Brinkema )( Reporter: Thomson) USA Appeared through: Gordon Kromberg, Justin Williams Dft(s) appeared through: Ashraf Nubani (local), Stanley Cohen. Matter came on for Govt's Motion to Revoke Conditions of Release-Argued and Deferred. Matter continued to 07/11/2003 at 2:30 p.m. for further hearing. Deft's letter response to Govt's Motion deemed filed by the Court. Deft. remanded. (rtra) (Entered: 07/08/2003) 53 RESPONSE by Randall Todd Royer in opposition to [51-1] Motion by USA to revoke release order (rtra) (Entered: 07/08/2003) Motion hearing as to Randall Todd Royer [51-1] motion by USA to revoke release order set at 2:30 7/11/03 before Judge Leonie M. Brinkema (rtra) (Entered: 07/08/2003) 54 Supplemental Pleading by USA Regarding Release (pmet) (Entered: 07/11/2003) Minute entry as to Randall Todd Royer : ( before Judge Leonie M. Brinkema )( Reporter: Thomson) USA Appeared through: Gordon Kromberg Dft(s) appeared through: Stanley Cohen. Matter came on for continued hearing regarding Govt's Motion to Revoke Conditions of Release. Matter argued and Granted. Conditions of Release vacated. Deft. remanded pending trial. Order to follow. Govt. exhibits to be substituted w/photographs for the record. (rtra) (Entered: 07/11/2003) 55 For the reasons stated in open court, ORDER as to Randall Todd Royer granting [51-1] motion by USA to revoke release order as to Randall Todd Royer (1). ORDERED that the defendant be and is remanded into the custody of the USMS. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 07/11/03 (rtra) (Entered: 07/11/2003) 67 Government's Position on Pretrial Detention as to Seifullah Chapman, Khwaja Mahmood Hasan and Sabri Benkhala (pmet) (Entered: 07/24/2003) 71 Government's Position on Pretrial Detention (pmet) (Entered: 07/24/2003) 75 Government's Submission of Photographs of Exhibits as to Randall Todd Royer (pmet) Modified on 07/25/2003 (Entered: 07/25/2003) 80 TRANSCRIPT filed in case as to Randall Todd Royer for dates of 06-27-2003 (pmet) (Entered: 07/25/2003) 101 Defendant's Opposition as to [100-1] motion by USA to revoke release order (pmet) (Entered: 08/01/2003) 109 TRANSCRIPT filed in case as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, Masoud Ahmad Khan, Yong Ki Kwon, Mohammed Aatique, Hammad Abdur-Raheem, Donald Thomas Surratt, Caliph Basha Ibn Abdur-Raheem for dates of 07-03-2003 (pmet) (Entered: 08/07/2003) 112 MOTION by Randall Todd Royer for Hearing to Resolve Conflict of Interest Claim (pmet) (Entered: 08/13/2003) 113 NOTICE of Hearing as to Randall Todd Royer :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 8/15/03 for Randall Todd Royer for [112-1] motion by Randall Todd Royer for Hearing to Resolve Conflict of Interest Claim (pmet) (Entered: 08/13/2003) 07/08/2003 07/08/2003 07/08/2003 07/10/2003 07/11/2003 07/11/2003 07/23/2003 07/24/2003 07/24/2003 07/25/2003 08/01/2003 08/07/2003 08/12/2003 08/12/2003 Case: 1:03-cr-00296-LMB 08/14/2003 08/15/2003 As of: 07/11/2011 04:44 PM EDT 8 of 19 114 Supplemental Filing by USA Regarding Detention as to Sabri Benkhala (pmet) (Entered: 08/14/2003) Minute entry as to Randall Todd Royer : ( before Judge Leonie M. Brinkema )( Reporter: McCoy) USA Appeared through: Gordon Kromberg Dft(s) appeared through: Ashraf Nubani. Matter came on for Deft's Motion to Resolve Conflict of Interest-Argued and Court finds deft's counsel have irreconcilable conflict. Cousel directed to withdraw from this case. Counsel to advise Court as to whether deft to request court appointed counsel. Order to follow. (rtra) (Entered: 08/18/2003) 118 Affidavit by Randall Todd Royer for Appointment of Counsel (pmet) (Entered: 08/19/2003) 122 MEMORANDUM OPINION as to Randall Todd Royer-entered and filed. ( Signed by Judge Leonie M. Brinkema ) (rtra) (Entered: 08/21/2003) 123 For the reasons stated in open court and amplified in the accompanying Memorandum Opinion, ORDERED that attorneys Stanley L. Cohen, Esq. and Ashraf W. Nubani, Esq. be and are disqualified from representing defendant Randall Todd Royer in this case; and it is further ORDERED that the Clerk appoint counsel for defendant Royer forthwith. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 08/20/03 (rtra) (Entered: 08/21/2003) ORAL ORDER as to Randall Todd Royer , Appointing John N. Nassikas, III as Counsel for the defendant. ( Entered by Judge Leonie M. Brinkema ) (rtra) (Entered: 08/25/2003) 133 CJA 20 as to Randall Todd Royer Appointment of Attorney John N. Nassikas, III (rtra) (Entered: 08/25/2003) 144 MOTION by Randall Todd Royer to Change Motions Filing, Hearing and Trial Dates (ctat) (Entered: 09/08/2003) 145 NOTICE of Hearing as to Randall Todd Royer :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 a.m. on 9/12/03 for Randall Todd Royer for [144-1] motion by Randall Todd Royer to Change Motions Filing, Hearing and Trial Dates (ctat) (Entered: 09/08/2003) 150 ORDER as to Randall Todd Royer granting in part, denying in part [144-1] motion by Randall Todd Royer to Change Motions Filing, Hearing and Trial Dates as to Randall Todd Royer (1) ORDERED that the deadline for filing motions is continued to October 10, 2003; the time for filing any oppositions is continued to October 27, 2003, and any reply briefs are due by October 31, 2003; and it is further ORDERED that argument of any motion be and is continued to 2:00 p.m., Friday, November 7, 2003. In all other respects Royer's motion is DENIED. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 09/11/03 (rtra) (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) 151 MOTION by Randall Todd Royer for Leave to File Motion to Strike Surplusage from the Indictment (rtra) (Entered: 09/11/2003) 152 ORDER as to Randall Todd Royer granting [151-1] Defendant Royer's Motion for Leave to File Motion to Strike Surplusage from the Indictment as to Randall Todd Royer (1) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 09/11/03 (rtra) (Entered: 09/11/2003) 153 MOTION by Randall Todd Royer to Strike Surplusage from the Indictment (rtra) (Entered: 09/11/2003) 154 MEMORANDUM by Randall Todd Royer in support of [153-1] Defendant Royer's Motion to Strike Surplusage from the Indictment (rtra) (Entered: 09/11/2003) 08/19/2003 08/20/2003 08/20/2003 08/25/2003 08/25/2003 09/05/2003 09/05/2003 09/11/2003 09/11/2003 09/11/2003 09/11/2003 09/11/2003 09/11/2003 Case: 1:03-cr-00296-LMB 09/11/2003 As of: 07/11/2011 04:44 PM EDT 9 of 19 155 NOTICE of Hearing as to Randall Todd Royer :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 9/19/03 for Randall Todd Royer for [153-1] Motion to Strike Surplusage from the Indictment (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) 157 ORDER as to Randall Todd Royer, for Kate B. Briscoe to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 166428 ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 09/15/2003) 159 ORDER as to Randall Todd Royer denying [153-1] Defendant's Motion to Strike Surplusage from the Indictment as to Randall Todd Royer (1) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 09/17/03 (rtra) (Entered: 09/22/2003) Per LMB chambers motions set for 9/19/03 on papers (clar) (Entered: 09/18/2003) 165 NOTICE of Appearance for Randall Todd Royer by Attorney Joseph Ray Price (pmet) (Entered: 09/24/2003) 166 ORDER as to Randall Todd Royer, for Laura S. Lester to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 166613 ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 09/25/2003) 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 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) 09/12/2003 09/15/2003 09/17/2003 09/18/2003 09/24/2003 09/25/2003 09/25/2003 09/25/2003 09/25/2003 09/29/2003 Case: 1:03-cr-00296-LMB 09/29/2003 As of: 07/11/2011 04:44 PM EDT 10 of 19 168 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) 169 TRANSCRIPT filed in case as to Randall Todd Royer, Donald Thomas Surratt II, Hammad Abdur-Raheem for dates of 07-02-2003 (pmet) (Entered: 10/02/2003) 170 UNDER SEAL Partial TRANSCRIPT Filed in case as to Randall Todd Royer, Donald Thomas Surratt II, Hammad Abdur-Raheem for dates of 07-02-2003 (pmet) Modified on 10/02/2003 (Entered: 10/02/2003) 184 MOTION Filed Under Seal by Randall Todd Royer (pmet) (Entered: 10/09/2003) 185 EX PARTE &Under Seal Documents filed as to [184-1] motion Filed Under Seal by Randall Todd Royer (pmet) (Entered: 10/09/2003) 186 NOTICE of Hearing as to Randall Todd Royer :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 10/24/03 for Randall Todd Royer for [184-1] motion Filed Under Seal by Randall Todd Royer (pmet) (Entered: 10/09/2003) 187 MOTION by Randall Todd Royer to Seal [184-1] motion Filed Under Seal by Randall Todd Royer and [185-1] document(s) filed (pmet) (Entered: 10/09/2003) 198 Government's Opposition to Motions to File Under Seal Defendant's Motions for Depositions of Foreign Witnesses and Response to Defendants' Motions for Depositions as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi, and Masoud Khan (pmet) (Entered: 10/21/2003) 199 ORDER granting [187-1] motion by Randall Todd to Seal, ORDERED that the pleadings docketed as #180, #182, #183, #184, #186, #187, and #188 be filed under seal until further Order of the Court; and it is further ORDERED that the pleadings docketed as #181, #185, and #189 be filed both under seal and Ex Parte until further Order of the Court. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 10/21/2003) 200 Order requesting Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi to advise the Court by 9:00am on Thursday, 10-23-2003 of any specific reasons why the declarations should not be revealed to the Government. ( Signed by Judge Leonie M. Brinkema ) (pmet) (Entered: 10/22/2003) 202 Under Seal Reply by Randall Todd Royer to [200-1] Order (pmet) (Entered: 10/23/2003) 232 MOTION by Randall Todd Royer for a Bill of Particulars (pmet) (Entered: 10/27/2003) 233 MOTION by Randall Todd Royer to Dismiss Counts 1(in part),2,4,5,7,10(in part),11,18,23 and 24-27(in part) of the Superseding Indictment (pmet) (Entered: 10/27/2003) 09/29/2003 10/02/2003 10/02/2003 10/09/2003 10/09/2003 10/09/2003 10/09/2003 10/20/2003 10/20/2003 10/22/2003 10/23/2003 10/24/2003 10/24/2003 Case: 1:03-cr-00296-LMB 10/24/2003 As of: 07/11/2011 04:44 PM EDT 11 of 19 234 MEMORANDUM by Randall Todd Royer in support of [233-1] motion by Randall Todd Royer to Dismiss Counts 1(in part),2,4,5,7,10(in part),11,18,23 and 24-27(in part) of the Superseding Indictment (pmet) (Entered: 10/27/2003) Minute entry : Sealed hrg. held (before Judge Leonie M. Brinkema) (tbul) (Entered: 10/27/2003) 235 MOTION by Randall Todd Royer to Dismiss Counts Three Through Five of the Superseding Indictment (pmet) (Entered: 10/29/2003) 236 MOTION by Randall Todd Royer to Dismiss Counts 11,24-27 &32 of the Superseding Indictment for Lack of Jurisdiction (pmet) (Entered: 10/29/2003) 237 MOTION by Randall Todd Royer to Dismiss Indictment due to Selective Prosecution or, in the Alternative, to Compel Discovery from the U.S. Concerning Selective Prosecution (pmet) (Entered: 10/29/2003) 238 MOTION by Randall Todd Royer for a Bill of Particulars (pmet) (Entered: 10/29/2003) 239 MOTION by Randall Todd Royer for Allocation of Jury Consultant Costs, for Use of a Jury Questionnaire, and for Counsel-Conducted Voir Dire (pmet) (Entered: 10/29/2003) 268 MOTION by Randall Todd Royer for Reconsideration of Bond (rtra) (Entered: 11/06/2003) 269 MOTION by Randall Todd Royer to File Under Seal Defendant Randall Royer's Motion for Compensation Exceeding Statutory Maximum and for Interim Payments Under 18 USC 3006 (rtra) (Entered: 11/06/2003) 270 SEALED MOTION by Randall Todd Royer [FILED UNDER SEAL] (rtra) (Entered: 11/06/2003) 271 NOTICE of Hearing as to Randall Todd Royer :, Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 11/14/03 for Randall Todd Royer for [268-1] motion for Reconsideration of Bond, set for 9:00 11/14/03; for [269-1] motion to File Under Seal Defendant Randall Royer's Motion for Compensation Exceeding Statutory Maximum and for Interim Payments Under 18 USC 3006, set for 9:00 11/14/03; for [270-1] Sealed Motion [FILED UNDER SEAL] (rtra) (Entered: 11/06/2003) 279 ORDER as to Randall Todd Royer in Response to [270-1] Defendant Royer's Sealed Motion. Counsel is directed to present a detailed budget of his expected time and costs between the present and the start of the trial. [See Order for Details] ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 11/10/2003 (rtra) (Entered: 11/12/2003) 280 MOTION by USA as to Randall Todd Royer by USA to Continue Hearing Regarding Reconsideration of Bond (pmet) (Entered: 11/13/2003) 282 ORDER granting [280-1] motion by USA to Continue Hearing as to Randall Todd Royer (1), Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 11/21/03 for Randall Todd Royer for [268-1] motion for Reconsideration of Bond ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 11/13/2003) Deadline updated as to Randall Todd Royer Motion Hearing Deadline before Judge Leonie M. Brinkema set for 9:00 11/21/03 for Randall Todd Royer for [270-1] motion [FILED UNDER SEAL], set for 9:00 11/21/03 for Randall Todd Royer for [269-1] motion to File Under Seal Defendant Randall Royer's Motion for Compensation Exceeding Statutory Maximum and for Interim Payments Under 18 USC 3006, set for 9:00 11/21/03 for Randall Todd Royer for [268-1] motion for Reconsideration of Bond, set for 9:00 11/21/03 for Randall Todd Royer for [239-1] motion by Randall Todd Royer for Allocation of Jury Consultant Costs, for Use of a Jury Questionnaire, and for Counsel-Conducted Voir Dire, set for 9:00 11/21/03 for Randall Todd Royer for [238-1] motion by Randall Todd Royer for a Bill of Particulars, set for 9:00 11/21/03 for Randall Todd Royer for [237-1] motion by Randall Todd Royer to Dismiss Indictment due to Selective Prosecution, 10/24/2003 10/29/2003 10/29/2003 10/29/2003 10/29/2003 10/29/2003 11/06/2003 11/06/2003 11/06/2003 11/06/2003 11/10/2003 11/12/2003 11/13/2003 11/14/2003 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 12 of 19 set for 9:00 11/21/03 for Randall Todd Royer for [237-2] motion to Compel Discovery from the U.S. Concerning Selective Prosecution, set for 9:00 11/21/03 for Randall Todd Royer for [236-1] motion by Randall Todd Royer to Dismiss Counts 11,24-27 &32 of the Superseding Indictment for Lack of Jurisdiction, set for 9:00 11/21/03 for Randall Todd Royer for [235-1] motion by Randall Todd Royer to Dismiss Counts Three Through Five of the Superseding Indictment, set for 9:00 11/21/09 for Randall Todd Royer for [233-1] motion by Randall Todd Royer to Dismiss Counts 1(in part),2,4,5,7,10(in part),11,18,23 and 24-27(in part) of the Superseding Indictment, set for 9:00 11/21/03 for Randall Todd Royer for [232-1] motion by Randall Todd Royer for a Bill of Particulars, set for 9:00 11/21/03 for Randall Todd Royer for [184-1] motion Filed Under Seal by Randall Todd Royer (clar) (Entered: 11/14/2003) 11/14/2003 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) 289 NOTICE of Correction by USA to Response to Motions to Dismiss 924(c) Violations Alleged to Have Occurred in Pakistan (pmet) (Entered: 11/18/2003) 290 Government's Corrected RESPONSE to Defendants' Motions to Suppress (pmet) (Entered: 11/18/2003) 291 Government's Opposition to [268-1] motion for Reconsideration of Bond by Randall Todd Royer (pmet) (Entered: 11/19/2003) 293 ORDERed that the Court will entertain argument of counsel on Royer's Motion to Reconsider Bond on 11-21-2003 and that any subpoenas issued for testimony at hearing are VACATED, and any person whose testimony was requested is excused from appearing, as to Randall Todd Royer ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 11/20/2003) 294 Reply by Randall Todd Royer to [291-1] Government's Preliminary Response and Opposition to Motion to Reconsider Bond (pmet) (Entered: 11/20/2003) 295 Supplement to Government's RESPONSE to Defendants' Discovery Motions (pmet) (Entered: 11/21/2003) 307 Reply by Randall Todd Royer to Government's Opposition to Defendants' Pretrial Motions (pmet) (Entered: 11/21/2003) Minute entry as to Randall Todd Royer : ( before Judge Leonie M. Brinkema )( Reporter: Thomson) USA Appeared through: Kromberg Dft(s) appeared through: Nassikas; Matter came on for Deft's Motion to Reconsider Bond-Argued and Denied. Order to follow. (rtra) (Entered: 11/24/2003) 308 ORDER-For the reasons stated in open court as to Randall Todd Royer denying [268-1] motion for Reconsideration of Bond as to Randall Todd Royer (1) ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 11/21/03 (rtra) (Entered: 11/24/2003) 11/14/2003 11/14/2003 11/14/2003 11/14/2003 11/18/2003 11/18/2003 11/19/2003 11/20/2003 11/20/2003 11/21/2003 11/21/2003 11/21/2003 11/21/2003 Case: 1:03-cr-00296-LMB 11/26/2003 12/05/2003 12/05/2003 As of: 07/11/2011 04:44 PM EDT 13 of 19 309 UNDERSEAL Supplemental Memorandum by Randall Todd Royer (ctat) (Entered: 11/26/2003) 315 Under Seal RESPONSE by USA as to Randall Todd Royer (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) 327 ORDER as to Randall Todd Royer, Masoud Ahmad Khan, Ibrahim Ahmed Al-Hamdi, Hammad Abdur-Raheem, Caliph Basha Ibn Abdur-Raheem, that defendants' motions docketed as # [239-1], [242-1], [230-1], [273-1], [240-1] are DENIED as to the requests for fees for jury consultants and lawyer-conducted voir dire and GRANTED as to the request for a questionnaire. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (pmet) (Entered: 12/11/2003) 329 Under Seal Reply by Randall Todd Royer to [315-1] Government's Response (pmet) (Entered: 12/11/2003) 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 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) 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) 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), 12/11/2003 12/11/2003 12/11/2003 12/12/2003 12/12/2003 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 14 of 19 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 Order for Details] ( Signed by Judge Leonie M. Brinkema Copies Mailed: 12/12/03 (rtra) (Entered: 12/13/2003) 12/18/2003 12/23/2003 336 Bill of Particulars filed by USA (rtra) (Entered: 12/18/2003) 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 12/23/2003 12/23/2003 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 15 of 19 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) 12/24/2003 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, January 9, 2004. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 12/30/03 (rtra) (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) 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) Change of Plea Hearing as to Randall Todd Royer held ( Reporter: Thomson) USA appeared through: Gordon Kromberg Dft(s) appeared through: John Nassikas ( before Judge Leonie M. Brinkema ). Deft. w/d NG plea and entered plea of Guilty to 2 Count Criminal Information. Court accepts plea. Govt. Motion to Dismiss all Counts of the Indictment as they relate to Deft. Royer-Granted, Counts 1,2,3,4,5,7,10,11,18,23,24,25,26, and 27 Dismissed, Order entered and filed in open court. Matter referred to USPO for PSI and continued to 04/09/2004 at 9:00 a.m. for sentencing. Deft. remanded. (rtra) (Entered: 01/19/2004) 371 WAIVER OF INDICTMENT by Randall Todd Royer filed in open court (rtra) (Entered: 01/19/2004) 372 INFORMATION as to Randall Todd Royer (1) count(s) 1ss, 2ss (rtra) (Entered: 01/19/2004) 373 Plea Agreement as to Randall Todd Royer filed in open court (rtra) (Entered: 01/19/2004) PLEA entered by Randall Todd Royer . Court accepts plea. by Randall Todd Royer Guilty: Randall Todd Royer (1) count(s) 1ss, 2ss Terminated motion:terminating [270-1] motion [FILED UNDER SEAL] as to Randall Todd Royer (1), terminating [269-1] motion to File Under Seal Defendant Randall Royer's Motion for Compensation Exceeding Statutory Maximum and for Interim Payments Under 18 USC 3006 as to Randall Todd Royer (1), terminating [235-1] motion by Randall Todd Royer to Dismiss Counts Three Through Five of the Superseding Indictment as to Randall Todd Royer (1), terminating [233-1] motion by Randall Todd Royer to Dismiss Counts 1(in part),2,4,5,7,10(in part),11,18,23 and 24-27(in part) of the Superseding Indictment as to Randall Todd Royer (1), terminating [184-1] motion Filed Under Seal by Randall Todd Royer as to Randall Todd Royer (1) (rtra) (Entered: 01/19/2004) 374 STATEMENT OF FACTS as to Randall Todd Royer filed in open court (rtra) (Entered: 01/19/2004) 375 ORDER as to Randall Todd Royer, Dismissing Counts 1,2,3,4,5,7,10,11,18,23,24,25,26, and 27 of the Superseding Indictment as they 12/24/2003 12/30/2003 01/06/2004 01/07/2004 01/16/2004 01/16/2004 01/16/2004 01/16/2004 01/16/2004 01/16/2004 01/16/2004 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 16 of 19 relate to deft. Royer ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 01/16/04 (rtra) (Entered: 01/19/2004) 01/16/2004 DISMISSAL of Count(s) on Government Motion as to Randall Todd Royer Counts Dismissed: Randall Todd Royer (1) count(s) 1s, 2s, 3s, 4s, 5s, 7s, 10s, 11s, 18s, 21s, 23s, 24s, 25s, 26s, 27s (rtra) (Entered: 01/19/2004) Sentencing before Judge Leonie M. Brinkema set for 9:00 4/9/04 for Randall Todd Royer , Randall Todd Royer (1) count(s) 1ss, 2ss (rtra) (Entered: 01/19/2004) 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) 403 SEALED TRANSCRIPT EXCERPT filed in case as to Randall Todd Royer for dates of January 16, 2004 before Judge Brinkema (rtra) (Entered: 01/27/2004) 405 TRANSCRIPT filed in case as to Randall Todd Royer for dates of January 16, 2004; Plea hearing before Judge Brinkema (rtra) (Entered: 01/27/2004) 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) 423 SEALED MOTION by Randall Todd Royer [FILED UNDER SEAL] (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) 453 SEALED ORDER as to Randall Todd Royer [Filed Ex Parte and Under Seal] ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 02/18/04 (rtra) (Entered: 02/22/2004) 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) 478 TRIAL BRIEF by USA Regarding Confrontation Clause Issue (rtra) (Entered: 03/09/2004) Request for transcript filed by deft. (Signed by Judge Hilton) forwarded to Court Reporter on 03-16-2004 (pmet) (Entered: 03/16/2004) 482 ORDER as to Randall Todd Royer, Ibrahim Ahmed Al-Hamdi; ORDERED that the sentencings be and are continued to 1:00 p.m. on Friday, April 9, 2004 in Courtroom 700. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 03/30/04 (rtra) (Entered: 04/01/2004) Sentencing before Judge Leonie M. Brinkema set for 1:00 4/9/04 for Randall Todd Royer, for Ibrahim Ahmed Al-Hamdi Randall Todd Royer (1) count(s) 1ss, 2ss, Ibrahim Ahmed Al-Hamdi (3) count(s) 20s, 1ss (rtra) (Entered: 04/01/2004) 484 SENTENCING MEMORANDUM by Randall Todd Royer (rtra) (Entered: 04/05/2004) 501 POSITION with Respect to Sentencing Factors by USA as to Randall Todd Royer (rtra) (Entered: 04/08/2004) Sentencing before Judge Leonie M. Brinkema held ( Reporter: Thomson) USPO: Kurt Bubenhoffer USA appeared through: Gordon Kromberg Dft(s) appeared through: John Nassikas Randall Todd Royer (1) count(s) 1ss, 2ss. Court adopts PSI 01/16/2004 01/21/2004 01/26/2004 01/26/2004 01/28/2004 01/30/2004 02/02/2004 02/18/2004 03/02/2004 03/02/2004 03/02/2004 03/08/2004 03/11/2004 03/30/2004 03/30/2004 04/02/2004 04/08/2004 04/09/2004 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 17 of 19 w/o exception. JUDGEMENT: BOP for 240 Months, w/credit for time served (120 Months as to Count 1, to be served consecutively to the term of imprisonment imposed in Count 2; 120 Months as to Count 2); 3 Yrs Supervised Release as to each Count to be served concurrently. Drug testing waived. Fine/Costs waived. S/A $200.00 ($100.00 per Count). Deft. to be designated to FCI Allenwood, PA. Deft. requests vision exam in order to obtain prescription for corrective lenses-Granted. Deft. remanded. (rtra) (Entered: 04/12/2004) 04/09/2004 506 JUDGMENT Randall Todd Royer (1) count(s) 1ss. BOP for 120 Months, w/credit for time served, to be served consecutively to the term of imprisonment imposed in Count 2; 3 Yrs Supervised Release; S/A $100.00 , Randall Todd Royer (1) count(s) 2ss. BOP for 120 Months, w/credit for time served; 3 Yrs Supervised Release, to be served concurrently w/the term of supervision imposed in Count 1; S/A $100.00 ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 04.09.04 (rtra) (Entered: 04/12/2004) ORAL MOTION in open court by Randall Todd Royer for Medical Exam (Vision Examination) (rtra) (Entered: 04/12/2004) 507 For the reasons stated in open court, ORDER as to Randall Todd Royer granting [0-0] oral motion for Medical Exam (Vision Examination) as to Randall Todd Royer (1). ORDERED that the United States Marshal make appropriate arrangement for defendant to receive a vision examination and an appropriate presciption for corrective lenses. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: 04/09/04 (rtra) (Entered: 04/12/2004) Request for transcript filed by deft (sentencing proceeding on 6/15/04) sent to LMB (kjon) (Entered: 07/28/2004) Return of Exhibits set 12/13/04 (kjon) (Entered: 10/04/2004) Return of Exhibits set 4/15/05 (kjon) (Entered: 01/10/2005) 575 Rule 35(b) MOTION as to Randall Todd Royer by USA for Reduction of Sentence (stas) (Entered: 04/01/2005) Return of Exhibits set 6/15/05 (kjon) (Entered: 04/14/2005) 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) 588 MOTION for Show Cause Hearing Concerning Improper Contacts with Represented Party by Randall Todd Royer. (stas) (Entered: 07/22/2005) 589 MOTION for Protective Order Barring Future Contacts by his Former Attorney by Randall Todd Royer. (stas) (Entered: 07/22/2005) 590 Memorandum of Points and Authorities by Randall Todd Royer in Support of 589 MOTION for Protective Order Barring Future Contacts by his Former Attorney by Randall Todd Royer and 588 MOTION for Show Cause Hearing Concerning Improper Contacts with Represented Party by Randall Todd Royer. (stas) (stas) (Entered: 07/22/2005) 591 NOTICE OF HEARING ON 588 MOTION for Show Cause Hearing Concerning Improper Contacts with Represented Party by Randall Todd Royer and 589 MOTION for Protective Order Barring Future Contacts by his Former Attorney by Randall Todd Royer as to Randall Todd Royer: Motion Hearing set for 7/29/2005 at 09:00 AM before Honorable District Judge Leonie M. Brinkema. (stas) (Entered: 07/22/2005) 595 RESPONSE by USA as to Randall Todd Royer to 588 MOTION for Show Cause Hearing (klau, ) (Entered: 07/28/2005) 596 ORDERED that 588 Motion for Show Cause Hearing Concerning Improper Contacts with Represented Party and 589 Motion for Protective Order Barring Future Contacts be and is DENIED. The Clerk is directed to remove this motion 04/09/2004 04/09/2004 07/27/2004 10/04/2004 01/10/2005 04/01/2005 04/14/2005 06/15/2005 07/22/2005 07/22/2005 07/22/2005 07/22/2005 07/27/2005 07/28/2005 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 18 of 19 from the docket of July 29, 2005 --- (see order for details). Signed by Judge Leonie M. Brinkema on 7/28/05. Copies Mailed: yes (klau, ) (Entered: 07/28/2005) 12/08/2005 625 ORDER In light of the judgment in this case being final, and there being no further need for counsel, the request is GRANTED, and it is hereby ORDERED that John N. Nassikas, III, Esquire, be and is withdrawn as court-appointed counsel for Randall Todd Royer . Signed by Judge Leonie M. Brinkema on 12/8/05. Copies Mailed: yes (klau, ) (Entered: 12/08/2005) Attorney update in case as to Randall Todd Royer. Attorney John N Nassikas, III terminated. (klau, ) (Entered: 12/08/2005) 654 LETTER/MOTION for Appointment of Counsel by Randall Todd Royer. (klau, ) (Entered: 02/06/2007) 655 ORDER that defendant's 654 Motion for Appointment of Counsel be and is DENIED as to Randall Todd Royer (1). Signed by Judge Leonie M. Brinkema on 2/5/07. Copies Mailed: yes (klau, ) (Entered: 02/06/2007) 703 NOTICE OF ATTORNEY APPEARANCE: Marvin David Miller appearing for Randall Todd Royer (sbak, ) (Entered: 03/11/2009) 705 MOTION to Vacate under 28 U.S.C. 2255 by Randall Todd Royer. (jlan) Civil case 1:09-cv-300 opened. (Entered: 03/18/2009) 706 AFFIDAVIT by Randall Todd Royer 705 MOTION to Vacate under 28 U.S.C. 2255 filed by Randall Todd Royer (jlan) (Entered: 03/18/2009) 707 ORDERED that the government file an answer within sixty (60) days of this Order as to Randall Todd Royer re 705 MOTION to Vacate under 28 U.S.C. 2255 filed by Randall Todd Royer. Signed by District Judge Leonie M. Brinkema on 03/19/2009. (jlan) (Entered: 03/20/2009) 708 RESPONSE to Motion by USA re 705 MOTION to Vacate under 28 U.S.C. 2255 as to Randall Todd Royer. (sbak, ) (Entered: 05/18/2009) 709 MOTION to Schedule Reply by Randall Todd Royer. (sbak, ) (Entered: 05/21/2009) 710 Petitioner's PRO SE SUPPLEMENT re 705 MOTION to Vacate under 28 U.S.C. 2255by Randall Todd Royer. (sbak, ) (Entered: 05/22/2009) 711 ORDERED granting 709 Motion to Schedule Reply as to Randall Todd Royer (1).ORDERED that the defendant file any reply to the government's response within 21 days of Monday, May 18, 2009.Signed by District Judge Leonie M. Brinkema on 5/26/09. (sbak, ) (Entered: 05/27/2009) 712 REPLY TO GOVERNMENT'S RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS to by Randall Todd Royer. (sbak, ) (Entered: 06/11/2009) 717 NOTICE of Original Affidavit re 705 MOTION to Vacate under 28 U.S.C. 2255 by Randall Todd Royer. (sbak, ) (Entered: 09/23/2009) 719 Letter to the Court from Defendant. (sbak, ) (Entered: 09/25/2009) 718 Letter from the Circuit. (sbak, ) (Entered: 09/25/2009) 720 NOTICE OF REQUEST FOR STATUS HEARING by Randall Todd Royer. (sbak, ) (Entered: 11/10/2009) 721 ORDERED that the 720 NOTICE OF REQUEST FOR STATUS HEARING is denied w/o prejudice and the clerk remove this status hearing from the 11/13/09 docket as to Randall Todd Royer. Signed by District Judge Leonie M. Brinkema on 11/10/09. (krob) (Entered: 11/12/2009) 746 Petition for Writ of Mandamus by Randall Todd Royer. (jlan) (Entered: 06/02/2011) 747 ORDERED that the Clerk forward a copy of the Petition to Assistant United States Attorney Gordon Kromberg and Senior United States Probation Officer Kurt 12/08/2005 02/05/2007 02/05/2007 03/10/2009 03/16/2009 03/16/2009 03/19/2009 05/15/2009 05/20/2009 05/20/2009 05/26/2009 06/10/2009 09/21/2009 09/22/2009 09/23/2009 11/09/2009 11/10/2009 06/01/2011 06/08/2011 Case: 1:03-cr-00296-LMB As of: 07/11/2011 04:44 PM EDT 19 of 19 Bubenhofer, and it is further ORDERED that the government file a response within sixty (60) days. Signed by District Judge Leonie M. Brinkema on 6/8/2011. (jcor) (Entered: 06/08/2011)