13 July 1998 ---------------------------------------------------------------------------- Public Access to Court Electronic Records Docket Report Output Menu Docket for case 3:97cr05270-0 consists of 8 pages. Case was last updated on: 07/10/98 . Report was generated on: 7/11/98 . X---------------------------------------------------------------------------X PACER session date: Monday July 13, 1998 05:43:03 PM EST Case docket was last updated on: 07/10/98. Docket as of July 11, 1998 3:09 am Page 1 Proceedings include all events. TERMED 3:97cr5270-ALLUSA v. Bell APPEAL BWM TERMED APPEAL BWM U.S. District Court U.S. District Court -- Western Washington (Tacoma) CRIMINAL DOCKET FOR CASE #: 97-CR-5270-ALL USA v. Bell Filed: 07/09/97 Other Dkt # 3:97-m -05048 Case Assigned to: Judge Franklin D. Burgess Case Referred to: Law Clerk Barbara W Miener JAMES DALTON BELL (1) , Bell, Peter J Avenia James Dalton 253-593-6719 defendant [COR LD NTC pda] FEDERAL PUBLIC DEFENDER'S OFFICE 1551 BROADWAY ST STE 501 TACOMA, WA 98402 253-593-6710 Pending Counts: Disposition 42:408.F MISUSE OF SOCIAL 11 months incarceration (credit SECURITY NUMBER time served); 36 months (2) supervised release w/Standard and special conditions of release as addressed; No fine; $200.00 ($100.00 per count) special assessment due immediately; and $1,359.00 restitution at the direction of USPO (2) Offense Level (opening): 4 Terminated Counts: Disposition 26:7212A.F Obstruct and Impede dismissed the due administration of (1) the IRS (1) Offense Level (disposition): 4 Docket as of July 11, 1998 3:09 am Page 2 Proceedings include all events. TERMED 3:97cr5270-ALLUSA v. Bell APPEAL BWM Complaints Disposition For Violation of 26:7212(a) dismissed and 42:408(a) to wit: threats, (-1) assaults, obstruction, and intimidation of employees and officers of the United States Government on account of the performance of their official duties; and, the use of false social security numbers [ 3:97-m -5048 ] U. S. Attorneys: Annmarie Levins 206-553-1164 [COR LD NTC] U S ATTORNEY'S OFFICE 800 5TH AVE STE 3600 SEATTLE, WA 98104 206-553-7970 Docket as of July 11, 1998 3:09 am Page 3 Proceedings include all events. TERMED 3:97cr5270-ALLUSA v. Bell APPEAL BWM 5/16/97 1 COMPLAINT signed by Magistrate Judge J. K. Arnold [ 3:97-m -5048 ] (kak) [Entry date 05/16/97] 5/16/97 -- DEFENDANT James Dalton Bell arrested. [ 3:97-m -5048 ] (seal) [Entry date 05/20/97] 5/19/97 2 FINANCIAL AFFIDAVIT as to James Dalton Bell qualified by JKA. [ 3:97-m -5048 ] (seal) [Entry date 05/20/97] 5/19/97 3 ORDER by Magistrate Judge J. K. Arnold appointing Peter J Avenia as the Federal Public Defender for defendant James Dalton Bell (cc: FPD) [ 3:97-m -5048 ] (seal) [Entry date 05/20/97] 5/19/97 4 MOTION to detain by USA as to James Dalton Bell [ 3:97-m -5048 ] (seal) [Entry date 05/20/97] 5/19/97 5 MINUTES of INITIAL : JKA, Dep Clerk KM, AUSA A Levins, Def Counsel P Avenia, CR- Catherine Vernon, USPT D McLuen, first appearance of James Dalton Bell in custody w/cnsl; Gov't moves for detention this hrg; Prelim/Det Hrg set before JKA 1:30 5/23/97; Dft REMANDED. (CC:CNSL,USMO,PTS,JKA,JOE,MIN BK) [ 3:97-m -5048 ] (seal) [Entry date 05/20/97] 5/21/97 6 ARREST Warrant returned executed as to James Dalton Bell 5/16/97 [ 3:97-m -5048 ] (cl) [Entry date 05/27/97] 5/23/97 7 MINUTES of PRELIM/DETENTION HRG : JKA, Dep Clerk KM, AUSA A Levins, Def Counsel P Avenia, Ct Rptr Grace Chung, USPT D McLuen, Dft appears in custody w/cnsl; IRS Agnt Jeffrey Gordon sworn and testifies; Ct finds probable cause; PTS report admitted under seal; Det hrg proceeds: Dft Ordered Detained. Dft REMANDED. (CC:CNSL,USMO,PTS,MIN BK, JOE) [ 3:97-m -5048 ] (cl) [Entry date 05/27/97] 5/23/97 8 DETENTION ORDER of James Dalton Bell pending Trial by Magistrate Judge J. K. Arnold (cc: counsel, PTS, USMO) [ 3:97-m -5048 ] (cl) [Entry date 05/27/97] 6/10/97 9 STIPULATED MOTION to Extend Time to File Indictmnt by USA as to James Dalton Bell from 6/16/97 to 6/30/97 [ 3:97-m -5048 ] (cl) [Entry date 06/12/97] 6/10/97 -- LODGED ORDER: re: Stipulated motion to Extend Time to File Indictmnt by USA as to James Dalton Bell from 6/16/97 to 6/30/97 [ 3:97-m -5048 ] (cl) [Entry date 06/13/97] 6/11/97 10 WAIVER OF Right to Speedy INDICTMENT by defendant James Dalton Bell [ 3:97-m -5048 ] (cl) [Entry date 06/12/97] Docket as of July 11, 1998 3:09 am Page 4 Proceedings include all events. TERMED 3:97cr5270-ALLUSA v. Bell APPEAL BWM 6/12/97 11 ORDER by Magistrate Judge J. K. Arnold GRANTING Stipulated motion to Extend Time to File Indictmnt by USA as to James Dalton Bell; (Time excluded (XW) from 6/16/97 to 6/30/97) [9-1] (cc: counsel) [ 3:97-m -5048 ] (cl) [Entry date 06/12/97] 6/12/97 11 ORDER by Magistrate Judge J. K. Arnold GRANTING Stipulated motion to Extend Time to File Indictmnt by USA as to James Daltonl; (Time excluded (XW) from 6/16/97 to 6/30/97) [9-1] (cc: counsel) [ 3:97-m -5048 ] (cl) [Entry date 06/13/97] 6/26/97 12 STIPULATED MOTION to extend time to file an Indictment by USA as to James Dalton Bell [ 3:97-m -5048 ] (cl) [Entry date 06/26/97] 6/26/97 13 WAIVER of RIGHT TO SPEEDY INDICTMENT by defendant James Dalton Bell [ 3:97-m -5048 ] (cl) [Entry date 06/26/97] 6/26/97 -- STIPULATED LODGED ORDER: re: stipulated motion to extend time to file an Indictment by USA as to James Dalton Bell from 6/30/97 to 7/11/97. [12-1] [ 3:97-m -5048 ] (cl) [Entry date 06/26/97] 6/26/97 14 ORDER by Magistrate Judge J. K. Arnold GRANTING motion to extend time to file an Indictment by USA as to James Dalton Bell; (time excluded (XW) from 6/30/97 to 7/11/97) [12-1] (cc: counsel) [ 3:97-m -5048 ] (cl) [Entry date 06/26/97] 7/9/97 15 FELONY INFORMATION by USA Annmarie Levins. James Dalton Bell (1) counts 1, 2 (car) [Entry date 07/10/97] 7/18/97 16 MINUTES of Revision of Plea:FDB, Dep Clerk:B Kay McDermott, AUSA:Annmarie Levins, Def Counsel:Peter Avenia, CR:L Luse, USPO:L Spier James Dalton Bell enters GUILTY plea to 2 ct Information; Waiver of Indictment filed sentencing hearing set for 9:00 a.m. on 10/17/97 for James Dalton Bell D' remanded pending sentencing (car) [Entry date 07/21/97] 7/18/97 17 WAIVER OF INDICTMENT by defendant James Dalton Bell (car) [Entry date 07/21/97] 7/18/97 18 PLEA AGREEMENT as to James Dalton Bell (FILED UNDER SEAL) (car) [Entry date 07/21/97] 7/18/97 19 ORDER by Judge Franklin D. Burgess for Sentencing Procedure - Sentencing hrg set for 10/17/97 at 9:00 a.m. (cc: counsel, Judge) (car) [Entry date 07/21/97] Docket as of July 11, 1998 3:09 am Page 5 Proceedings include all events. TERMED 3:97cr5270-ALLUSA v. Bell APPEAL BWM 9/10/97 20 MOTION for order permitting entry of Dr. Salusky into Kitsap Co jail by defendant (km) [Entry date 09/10/97] 9/10/97 21 AFFIDAVIT of Peter J. Avenia regarding motion for order permitting entry of Dr. Salusky into Kitsap Co jail by defendant [20-1] (km) [Entry date 09/10/97] 9/10/97 22 ORDER by Judge Franklin D. Burgess GRANTING motion for order permitting entry of Dr. Salusky into Kitsap Co jail by defendant [20-1] (cc: counsel, Judge) (km) [Entry date 09/10/97] 9/17/97 23 MINUTE ORDER by Judge Franklin D. Burgess ; sentencing hearing continued to 11:00 10/31/97 for James Dalton Bell (cc: counsel, Judge) (km) [Entry date 09/17/97] 10/24/97 24 MINUTE ORDER by Judge Franklin D. Burgess ; sentencing hearing continued to 9:30 11/21/97 for James Dalton Bell (cc: counsel, Judge) (km) [Entry date 10/24/97] 11/17/97 25 SENTENCING MEMORANDUM re James Dalton Bell by D' (FILED UNDER SEAL) (car) [Entry date 11/18/97] 11/17/97 26 SENTENCING MEMORANDUM re James Dalton Bell by P' (car) [Entry date 11/18/97] 11/21/97 27 SUPPLEMENT by D' to Sentencing Memorandum [25-1] (FILED UNDER SEAL) (car) [Entry date 11/21/97] 11/21/97 28 MINUTES of Sentencing:FDB, Dep Clerk:B Kay McDermott, AUSA: Annmarie Levins, Def Counsel:Peter Avenia, CR:T Hendrix, USPO:L Spier Court acks rcpt of Gov't and D' cnsl sen memo and PSR. Argument. Court will pres cnsl w/add'l questions re: sentencing. Court continues sentencing to 12/12/97 at 10:30 a.m. D' remanded (car) [Entry date 11/21/97] 11/24/97 29 LETTER by Annmarie Levins, cnsl for Gov't, clarifying remarks made during Sentencing [28-2] (car) [Entry date 11/24/97] 12/5/97 30 SUPPLEMENTAL SENTENCING MEMORANDUM by Gov't (FILED UNDER SEAL) [26-1] (car) [Entry date 12/08/97] 12/5/97 31 SUPPLEMENTAL SENTENCING MEMORANDUM by defendant (FILED UNDER SEAL) [25-1] (car) [Entry date 12/08/97] 12/11/97 32 MINUTES of Status Hrg:FDB, Dep Clerk:B Kay McDermott, AUSA: Annmarie Levins, Def Counsel:Peter Avenia, CR:T Hendrix, USPO:L Spier/D Vail MINUTES FILED UNDER SEAL (car) [Entry date 12/11/97] Docket as of July 11, 1998 3:09 am Page 6 Proceedings include all events. TERMED 3:97cr5270-ALLUSA v. Bell APPEAL BWM 12/11/97 33 TRANSCRIPT of proceedings for the following date(s): 12/11/97 (Re: Closed Hearing - FILED UNDER SEAL) CR initials: Teri Hendrix (car) [Entry date 12/12/97] 12/12/97 34 MINUTES of Sentencing : FDB, Dep Clerk B Kay McDermott, AUSA Annmarie Levins, Def Counsel Peter Avenia, CR/Tape # C Vernon, USPT/USPO L Spier, ; sentencing hearing held, sentencing James Dalton Bell (1) count(s) 2. 11 months incarceration (credit time served); 36 months supervised release w/Standard and special conditions of release as addressed; No fine; $200.00 ($100.00 per count) special assessment due immediately; and $1,359.00 restitution at the direction of USPO, dismissing counts as to James Dalton Bell James Dalton Bell (1) count(s) cmp, 1 . dismissed (car) [Entry date 12/12/97] 12/12/97 35 JUDGMENT IN A CRIMINAL CASE by Judge Franklin D. Burgess as to James Dalton Bell case terminated (cc: counsel, USMO, USPO, PTS, Jgm. Bk., Fin'l) Entered on: 12/12/97 (car) [Entry date 12/12/97] 12/18/97 36 NOTICE OF APPEAL by defendant James Dalton Bell from Dist. Court decision [35-2] jgm on 12/12/97 (cc: CCA, Judge, counsel, CR, USM, USP, PTS) (mw) [Entry date 12/19/97] 12/18/97 -- NO APPEAL FEE RECEIVED: appellant granted IFP 5/19/97 (mw) [Entry date 12/19/97] 12/19/97 37 TIME SCHEDULE ORDER ; transcript designation due 1/9/98 RT due: 2/9/98 Open Br Excerpts due: 3/20/98 Rsp Br due: 4/20/98 Opt Rply Br due: 5/4/98 (cc: CCA, Judge, CR, counsel) (mw) [Entry date 12/19/97] 12/19/97 -- APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (mw) [Entry date 12/19/97] 1/12/98 38 TRANSCRIPT DESIGNATION and Ordering Form for dates: 7/18/97; 11/21/97; 12/12/97 (cc: Helen, CR) (mw) [Entry date 01/13/98] 1/14/98 39 TRANSCRIPT of proceedings for the following date(s): 11/21/97 (Re: [36-1] ) CR initials: Teri Hendrix (mw) [Entry date 01/14/98] 1/16/98 -- NOTIFICATION by Circuit Court of Appellate Docket Number 97-30384 (mw) [Entry date 01/16/98] 1/20/98 -- PROPOSED Statement of Reasons (car) [Entry date 01/21/98] 1/22/98 40 STATEMENT of REASONS for Imposing Sentence by Judge Franklin D. Burgess as to defendant James Dalton Bell counsel, Judge, USPO) (car) [Entry date 01/23/98] Docket as of July 11, 1998 3:09 am Page 7 Proceedings include all events. TERMED 3:97cr5270-ALLUSA v. Bell APPEAL BWM 1/26/98 41 CJA FORM 24 (Authorization Voucher for Transcript Payment) for James Dalton Bell - for sentencing transcript on 11/21/97 (car) [Entry date 01/27/98] 2/3/98 42 TRANSCRIPT of sentencing-D' Bell for the following date(s): 12/12/97 (Re: [36-1] ) CR initials: Catherine Vernon (mw) [Entry date 02/04/98] 2/9/98 43 TRANSCRIPT of sentencing for the following date(s): 7/18/97 (Re: [36-1] ) CR initials: Laura Luse (mw) [Entry date 02/10/98] 2/10/98 -- CERTIFICATE OF RECORD Transmitted to USCA (cc: all counsel) (mw) [Entry date 02/10/98] 2/10/98 44 CJA FORM 24 (Authorization Voucher for Transcript Payment) for James Dalton Bell - for Sentencing transcript (12/12/97) (car) [Entry date 02/11/98] 2/13/98 45 CJA FORM 24 (Authorization Voucher for Transcript Payment) for James Dalton Bell - for transcript of Plea hrg on 7/18/97 (car) [Entry date 02/18/98] 6/16/98 -- CLERK'S RECORD ON APPEAL transmitted to Circuit #97-30384, 1 vol (mw) [Entry date 06/16/98] 6/18/98 -- PROPOSED Petition for Warrant or Summons for Offender under Supervision (car) [Entry date 06/18/98] 6/19/98 46 PROBATION PETITION/ORDER by Judge Franklin D. Burgess as to James Dalton Bell directing that a warrant be issued (iss'd) (cc: counsel, Judge, USPO) (car) [Entry date 06/19/98] 6/22/98 47 Arrest Warrant returned executed as to James Dalton Bell 6/22/98 (car) [Entry date 06/24/98] 6/22/98 -- DEFENDANT James Dalton Bell arrested (car) [Entry date 06/24/98] 6/23/98 48 MINUTES of Initial on Prob Revocation:DEW, Dep Clerk:Peter Voelker, AUSA:Robb London, Def Counsel:Peter Voelker, Tape #A473, USPO:Steven McNichols D' arrested 6/22/98; D' adv of rights; crt appts cnsl; D' adv of allegations in violation petition; Gov't moves for detention this hrg, proceeds, Gov't proffer, D' proffer; D' ORDERED DETAINED; probation revocation hrg set for 11:00 a.m. on 7/10/98 before Judge Burgess D' remanded. (car) [Entry date 06/25/98] 6/23/98 49 ORDER by Magistrate Judge David E. Wilson appointing as the Federal Public Defender for defendant James Dalton Bell (cc: counsel) (car) [Entry date 06/25/98] Docket as of July 11, 1998 3:09 am Page 8 Proceedings include all events. TERMED 3:97cr5270-ALLUSA v. Bell APPEAL BWM 6/30/98 50 MINUTE ORDER by Judge Franklin D. Burgess that the Probation Revocation hrg is rescheduled to 1:30 p.m. on 7/10/98 for James Dalton Bell (cc: counsel, Judge) (car) [Entry date 06/30/98] 7/8/98 -- PROPOSED Supplemental Violations (car) [Entry date 07/08/98] 7/10/98 51 PROBATION PETITION/ORDER by Judge Franklin D. Burgess as to James Dalton Bell re: Supplemental Violations (cc: counsel, Judge, USPO) (car) [Entry date 07/10/98] [END OF DOCKET: 3:97cr5270-0] X---------------------------------------------------------------------------X