Case: 1:01-cr-00244-RJA-HKS As of: 07/08/2011 09:01 PM EDT 1 of 4 PRIOR U.S. DISTRICT COURT U.S. District Court, Western District of New York (Buffalo) CRIMINAL DOCKET FOR CASE #: 1:01-cr-00244-RJA-HKS-1 Case title: USA v. Murshed, et al Date Filed: 05/23/2002 Date Terminated: 09/03/2002 Assigned to: Hon. Richard J. Arcara Referred to: Hon. H. Kenneth Schroeder, Jr Defendant (1) Nabil Al-Marabh TERMINATED: 09/06/2002 represented by Marianne Mariano Federal Public Defender 300 Pearl Street Suite 200 Buffalo, NY 14202 (716) 551-3341 Fax: 716-551-3346 Email: marianne_mariano@fd.org TERMINATED: 09/06/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender Appointment Disposition Defendant is sentenced to the custody of the Bureau of Prisons for 8 months followed by 3 years of supervised release. Defendant to pay $100. assessment. RJA Pending Counts 8:1324.F BRINGING IN AND HARBORING ALIENS (1) Highest Offense Level (Opening) Felony Terminated Counts 8:1325.F ILLEGAL ENTRY, CONCEALMENT OF FACTS (3) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (4) 18:1001.F STATEMENTS OR ENTRIES GENERALLY (5) Highest Offense Level (Terminated) Felony Complaints None Disposition Dismissed Dismissed Dismissed Disposition Case: 1:01-cr-00244-RJA-HKS Plaintiff USA As of: 07/08/2011 09:01 PM EDT 2 of 4 represented by Marc S. Gromis U.S. Attorney's Office Federal Centre 138 Delaware Avenue Buffalo, NY 14202 716-843-5700 TERMINATED: 05/11/2006 LEAD ATTORNEY Paul J. Campana U.S. Attorney's Office Federal Centre 138 Delaware Avenue Buffalo, NY 14202 716-843-5819 Fax: 716-551-3052 Email: paul.j.campana@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed 12/06/2001 12/06/2001 12/06/2001 # Docket Text Case sealed. (DMS) (Entered: 06/04/2002) Arrest WARRANT issued as to Nabil Al-Marabh, Ali Abdulrahman, Ahmed Murshed (DMS) (Entered: 06/04/2002) 2 SEALED INDICTMENT as to Nabil Al-Marabh (1) count(s) 1, 3, 4, 5, Ali Abdulrahman (2) count(s) 1, 2, Ahmed Murshed (3) count(s) 1, 2 (DMS) (Entered: 06/04/2002) 3 SEALED DOCUMENT as to Nabil Al-Marabh, Ali Abdulrahman, Ahmed Murshed (DMS) (Entered: 06/04/2002) Indictment unsealed as to Nabil Al-Marabh, Ali Abdulrahman, Ahmed Murshed (DMS) (Entered: 06/04/2002) 4 Arraignment as to Nabil Al-Marabh held; plea of not guilty entered; scheduling dates set and scheduling order to be filed - oral motion by government for pretrial detention is granted - HKS (DMS) (Entered: 06/07/2002) 5 ORDER OF DETENTION as to Nabil Al-Marabh: Defendant is committed to the custody of the Attorney General or designated representative for confinement pending trial of the charges against him; the corrections facility shall deliver the defendant to the U.S. Marshal for the purpose of an appearance in connection with a court proceeding ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy to Marc S. Gromis, U.S. Probation, U.S. Marshal (DMS) (Entered: 06/10/2002) 6 SCHEDULING ORDER as to Nabil Al-Marabh setting Discovery cutoff 6/14/02; Motion Filing deadline on 6/28/02; Responses to Motions due on 7/12/02; Evidentiary hearing set for 07/17/02 at 02:00; Oral Argument deadline 2:00 7/17/02; if no motions are filed on/before said date, parties are to contact the chambers of the Hon. Richard J. Arcara to schedule a meeting to set a trial date; ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Marianne Mariano, Marc S. Gromis (DMS) (Entered: 06/12/2002) 7 ORDER REFERRING CASE to USMJ H. K. Schroeder Jr. as to Nabil Al-Marabh, Ali Abdulrahman, Ahmed Murshed for all pre-trial matters, including the filing of a report and recommendation as to disposition ( Signed by USDJ Richard J. Arcara ) Notice and copy to Marianne Mariano, Marc S. Gromis (DMS) (Entered: 06/12/2002) Document #6 received in Clerk's Office 6/10/02 for docketing (DMS) (Entered: 06/12/2002) 04/11/2002 05/23/2002 06/04/2002 06/06/2002 06/06/2002 06/11/2002 06/12/2002 Case: 1:01-cr-00244-RJA-HKS 06/28/2002 As of: 07/08/2011 09:01 PM EDT 3 of 4 8 SCHEDULING ORDER as to Nabil Al-Marabh setting Motion Filing deadline on 7/19/02 ; Responses to Motions due on 8/2/02 ; Oral Argument deadline 2:00 8/7/02. ( Signed by USMJ H. K. Schroeder Jr. ) Notice and copy of order sent to Marianne Mariano, Marc S. Gromis (JMD) (Entered: 07/01/2002) 10 FIRST AMENDED SCHEDULING ORDER as to Nabil Al-Marabh setting Pretrial Motion Filing deadline on 7/19/02; Responses to Motions due on 8/2/02; Oral Argument deadline 2:00 on 8/7/02 Evidentiary hearing 8/7/02 at 2:00 p.m.. (Received document in Clerk's office 7/9/02).....(Signed by USMJ H. K. Schroeder Jr.) Notice and copy of order sent to Marianne Mariano, Marc S. Gromis (DLC) Modified on 07/10/2002 (Entered: 07/10/2002) Evidentiary Hearing as to Nabil Al-Marabh set at 2:00 on 8/7/02. (DLC) (Entered: 07/10/2002) 9 Plea Agreement as to Nabil Al-Marabh (DLC) (Entered: 07/10/2002) 11 PLEA of Guilty: Nabil Al-Marabh (1) count(s) 1 Court accepts plea. Sentencing set for 10/17/2 at 12:30, defendant remanded. Schedule established for submission of sentencing papers. Defendant requests expedited sentencing. Court will instruct USPO to prepare expedited presentence report. Counsel are to contact the Court for accelerated sentencing date when all required submissions are complete. RJA (JMD) (Entered: 07/25/2002) Sentencing set for 12:30 10/17/02 for Nabil Al-Marabh , (1) count(s) 1 (JMD) (Entered: 07/25/2002) 12 STATEMENT by USA as to Nabil Al-Marabh With Respect to Sentencing Factors. (DMZ) (Entered: 08/15/2002) 13 STATEMENT by Nabil Al-Marabh With Respect to Sentencing Factors. (SG) (Entered: 08/19/2002) 14 Minute entry/Sentencing as to Nabil Al-Marabh, Court accepts terms of plea agreement. Court recesses. Court proceedings resume. Court indicates it has a concern about the matter due to information the Court obtained on defendant from the internet during the recess. Court was not provided with this information from government or USPO. Court further indicates that it has a concern about possible upward departure and whether it has enough information to evaluate such a departure. Government advised the Court it has nothing in its file to provide the Court other than media articles. Government is not at this time prepared to provide evidence re: possible involvement in terrorist activity or terrorist organizations. Government will provide Court with copies of media articles by 8/21/2. Court adjourned sentencing to 9/3/2 at 10:30am. RJA (JMD) (Entered: 09/06/2002) Sentencing held Nabil Al-Marabh (1) count(s) 1. Defendant is sentenced to the custody of the Bureau of Prisons for 8 months followed by 3 years of supervised release. Defendant to pay $100. assessment. RJA (JMD) (Entered: 09/09/2002) 18 Sentencing minutes as to Nabil Al-Marabh filed. RJA (JMD) (Entered: 09/27/2002) DISMISSAL of Count(s) on Government Motion as to Nabil Al-Marabh (1) count(s) 3, 4, 5 (JMD) (Entered: 09/27/2002) 15 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Nabil Al-Marabh (JMD) (Entered: 09/09/2002) 16 JUDGMENT as to Nabil Al-Marabh (1) count(s) 1. Defendant is sentenced to the custody of the Bureau of Prisons for 8 months followed by 3 years of supervised release. Defendant to pay $100. assessment. RJA ( Signed by USDJ Richard J. Arcara ) Notice and copy to Marianne Mariano, Marc S. Gromis US Marshal US Probation Debt Collection (JMD) (Entered: 09/09/2002) 17 TRANSCRIPT of sentencing held before Judge Arcara filed in case as to Nabil Al-Marabh for dates of 9/3/02 (pages 1 - 18) (SG) (Entered: 09/25/2002) 19 TRANSCRIPT filed in case as to Nabil Al-Marabh for sentencing date of 08/16/02 before Judge Arcara; pages 1-17 (DMS) (Entered: 03/21/2003) 06/28/2002 06/28/2002 07/08/2002 07/08/2002 07/08/2002 08/15/2002 08/15/2002 08/16/2002 09/03/2002 09/03/2002 09/03/2002 09/06/2002 09/06/2002 09/24/2002 03/19/2003 Case: 1:01-cr-00244-RJA-HKS 07/28/2003 As of: 07/08/2011 09:01 PM EDT 4 of 4 20 ARREST WARRANT Returned Executed as to Nabil Al-Marabh on 5/22/02 (DMZ) (Entered: 07/28/2003)