Petition - Mandamus.12-5017 Buzsek

UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT

:=:
Case No. ""
(J')
.......
In RE: Shane Christopher Buczek =
r...."
ORIGINAL
(")'" ;0

or- '-'
err. fn
c
r'q
..)
;:0'::::;
I
N
(j
-l='::
oell
0
rn
""'10
-'0
:t> "1
:x <
""':J2:
PETITION FOR WRIT OF MANDAMUS
-00
m
W
n1Pi
CJ
Pursuant to Fed.R.App.P. 21(a)
w
.,
r
(JJ
Petitioner, Shane Christopher Buczek respectfully moves this Honorable Court to issue an
"Extraordinary Writ" (Mandamus) directing the District Court for the Western District of New York
(Buffalo Division) (Judge William H. Skretny) to dismiss the case of United States ofAmerica v
.Shane Christopher docket and 1:09-crOOI21.001 (WDNY) asserting the District
Court was without subject matter jurisdiction to hear, consider or adjudicate the matter.
Statement of the Case:
The instant petition results from Petitioner's conviction on one count of bank fraud, in violation of 18
U.S.c. 1344 without FDIC certificate enter into to evidence during trial lacking subject matter
jurisdiction in this matter (Count One of docket: 1:09..CROOI2 1.001) WDNY, and one count of
committing an offense while on pretrial release, in violation ofl8 U.S.c. 3147 (Count Two 1:09
CR00121.00l). Count Two was predicated on aseparate violation of 18 U.S.C. 1028(a) (4),
possession of afalse identification document, on which Petitioner had been previously indicted and later
pled guilty in the absence of counsel. On November 5, 2010, the district court sentenced Petitioner to a
1
Case: 12-5017 Document: 1-1 Page: 1 12/20/2012 801664 85
1 of 87
..
tenn of imprisonment of 27 months on Court One (Bank fraud in violation of 18 U.S.C. 1344) and six
months on Count Two (committing an offense while on pretrial release in violation of 18 U.S.C. 3147)
to run consecutive to the bank fraud conviction. The Second Circuit Court of Appeals affinned the
conviction and judgment in 1:09-CROO 121.001 in the WDNY on January 18, 2012 in violation ofthe fifth
and sixth amendments of the United States Constitution.
Standard ofReview:
It is well established that the remedy of Mandamus is adrastic one, to be invoked only in extraordinary
situations. Kerr v. U.S. District Court, 426 U.S. 394,402,96 S.Ct. 2119, 48 L. Ed 2d (1976).
Mere error, even gross errors in aparticular case, does not suffice to support issuance of the writ.
United States v. Distefano, 464 F.2d 845,850 (2d Cir.l972). Mandamus is an extraordinary writ used to
11 confine"an inferior court to the lawful exercise of its prescribed jurisdiction or to compel it to exercise its
authority when it is its duty to do so. Roche v. Evaporated Milk Assn., 319 U.S. 21,26,87 L.Ed 1185,
63 S.Ct. 938 (1943). In order to succeed on his petition, the Petitioner must show clear and indisputable
right to the issuance ofthe writ, amounting to clear abuse of discretion or a usurpation ofjudicial fonn.
In re Steinhardt Partners, 9 FJd 230,233 (2d Cir.1993).
Jurisdiction:
This Court of Appeals has jurisdiction of appeals from all final decisions ofthe Western District of New
York pursuant to 28 U.S.C. 1291. The well-established rule is that acourt of appeals will not consider
an issue raised for the first time on appeal. Singleton v. Wulff, 428 U.S. 106, 120-121,96 S. Ct. 2868,49
L. Ed 2d 826 (1986); See also Virgilio v. City of New York, 407 FJd 105, 116 (2d Cir.200S).
2
2 of 87
Nevertheless, in Petitioner's case he has exhausted his direct appeal rights with regards to the issue he now
presents to this Court. That a manifest injustice is apparent, and awrit is the only "adequate means" to
have jurisdiction assessed and thereby prevent irreparable harm that the Petitioner and the public would
suffer. See Cheney v. U.S. Disl. Court for Dist. of Columbia, 542 U.S. 367, 380 (2004),124 S.Ct. 2576,
159 L.Ed 2d 459 (Internal quotation marks omitted) .
Questions Presented:
1. Whether the tenn of the underlying Rule 6(c) (f) and (g) grand jury had expired?
2. If so, whether the District Court retained subject matter jurisdiction to hear, consider and adjudicate the
case? Article III Courts, have limited jurisdiction to hear cases and controversies.
U.S. Const. Art. III, 2, CI. 1; Allen v. Wright, 468 U.S. 737, 750, 82 L.Ed. Ld.
556, 104 S.Ct. 3315 (1984). With a few exceptions, exercises ofjudicial power by
Article III courts derive from this constitutional grant. [And], actions taken in
excess ofthose powers are null and void because actions taken without such
jurisdiction are a usurpation ofjudicial forms and facilities. United States v.
United Mine Workers, 330 U.S. 258, 309, 91 L.Ed 884, 67 S.Ct. 677 (1947)
(Frankfurter, J. concurring).
Petitioners Rights:
The Fifth Amendment to the U.S. Constitution guarantees that "no person shall be held to answer for a
capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." In
"Bain," "Stirone" and "Russell", U.S. Supreme Court has shown that it takes seriously and requires to
be enforced vigorously, the Fifth Amendment's command that adefendant to be charged of "infamous
crime" be tried on an "indictment of a Grand Jury." That when, "a legally constituted grand jury be the
neutral buffer between the government and the accused - is absent, the accuser's Fifth and Sixth
3
3 of 87
Amendment rights may be easily eviscerated." See United States v. Ferguson, 758 F.Ld 843 (2d Cir.
1984), citing Russell v. United States, 369 U.S. 749, 761, 8L.Ed 2d 240,80 S.Ct. 1038 (1962).
Term of Grand Juries:
However, Grand Juries much the same as Art. III Courts are subject to certain limitations. Fed.R.Crim.P.
6(g), for example, provides that "no Grand Jury may serve more than 18 months." Notably, this
prescription of limitation on the term of agrand jury was amended in 1983 when Congress promulgated
rules allowing for an extension of the term of a grand jury for 6additional months under 18 1331 or
under Rule 6(g), up to atotal of 36 months for "Special Grand Juries.1! That such extension of the term of
18 months of aRule 6Grand Jury was at the order or behest of the District Court to complete cases or
controversies under investigation. See United States v. Barton, 791 F.2d. 265 (2d Cir. 1986). However
an "unauthorized extension" of the term of the grand jury beyond 18 months is adefect which (Would) go
to the very existence of the grand jury itself.. ". See United States v. Macklin, 523 F.2d 193 (2d
Cir.1975).
Petitioner's Case: (Argument, Points and Authorities).
First, and most importantly that this Court (with all due respect) be mindful of the Petitioner's pro se status
and thus construe his papers liberally to raise the strongest argument they suggest.
See Bertin v. United States. 478 FJd 489.491 (2d Cir. 2007). 1:09CR121-001 reveals that the term of
the grand jury alleged to have returned an indictment against him had in fact expired. That the record in the
below court is completely silent with regard to any judges' order extending its term. And that his docket
4
4 of 87
..
summary does not show or demonstrate that any indictment was returned to any particular judge in open
court. [Dkt. #1] Further the Petitioner asserts pursuant to 18 U.S.c. 1746 .
Second, the Petitioner asserts that further and diligent investigation of his charge in the underlying that he
made inquiry ofthe Court Clerk of the Western District of New York and could not receive adefinitive
confirmation that an order was in record with the Clerk of the Court extending the 18 month term of the
Rule 6Grand Jury. As shown on the face of Petitionees indictment, agrand jury was empanelled on May
4, 2007 and some twenty-four months later he was to have been indicted by the same grand jury beyond
its 18 month term. The Petitioner submits that consistent with the dictates or dicta of Parker v. Gladden,
385 U. S. 363, 87 S. ct. 468. 171. Ed. 420 (1966) [his] interest as the accused, "In learning the whole story
does not end at trial." Petitioner believes he has made sufficient showing of misconduct before the Grand
Jury (by the government attorney) to warrant further investigations. See United States v. Agurs, 427 U.S.
97, 107-11 (1976). Also AUSA Anthony Bruce lead Attorney for USA: United States v. Koschtschuk:
August 1,2011- Case 1:09-cr-00096-WMS-JJM and Certified copy of ORDER OF DISMISSAL
(Misconduct before the grand jury showing Fifth Amendment violations and Fraud upon the Court in the
Western District of New York). In addition Petitioner asserts that this appellate court must notice failure
of an indictment to charge an offense even ifnot raised before trial, at trial or on appeal.
See United States v. Foley. 73 FJd 484, 488 (2d Cir. 1996) .
Third, with respect to In re United States Catholic Conference, 824 F.2d 156 (2d Cir. 1986), this court
opined that "we have asua sponte duty to review the lower court's subject matter jurisdiction." To Note,
Petitioner's claim he believes is inapposite in this Court's determination of United States v. Sherry, 2000
5
5 of 87
U.S. App. LEXIS 23806 (2d Cir. Sept. 2000), as he is not speculating about indictment, the grand jury is
alleged to have been empanelled on May 4, 2007, then he is indicted as it were on April 21, 2009. Judicial
Notice of Attached indictment and his inquiry ofthe Court Clerk reveals no judicial order or ascent in
record extending the grand juries term. "The term ofthe Grand Jury starts on the date of empanelment,
which is the date it is first convened. United States v. Armored Transport, 629 F.2d 1316-17 (9th Cir.
1980).
Fourth, it appears, as shown on the face of the indictment, that the government attorney is misusing the
proscriptions of the (e-government) act and Western District of New York Electronic Filing Policies to
evade identification of any grand jury foreperson. Noticeably, neither policy provide for the complete
removal of the signature of any grand jury foreperson. Rather, redaction via blackening out a major portion
of avalid signature. Neither local Rules of the Western District of New York, nor electronic filing policies
allow for electronic signatures of an (unregistered with Pacer) grand jury foreperson.
The Macklin Case:
Pursuant United States v. Macklin, 523 F.2d Cir. 1975), this Court affirmed the District Court's dismissal
of [his] indictment, (opining) that the indictment handed down by the grand jury was a nullity because it
was issued after the expiration of the statutory 18 month period, Fed.R.Crim.P. 6(g). This Court further
held that the trial court was thus without jurisdiction to hear the case because there had been NO valid
indictment, Fed.R.Crim.P.7(a). Concluding, consistent with "Fein" that this is not merely adefect in the
"institution of the prosecution", but left the court without jurisdiction. See "U.S. v. Macklin" (citations
omitted). Therefore, under the principles of In Re Von Bulow, 828 F.2d 94 (2d Cir. 1987), the Petitioner
6
6 of 87
is entitled to relief in that the District Court erred in not apprising itself of its lack of avalid case or
controversy, to wit expired term of the grand jury.
In summary: It has been shown that the indictment herein is legally deficient and found unconstitutional,
there has been no valid true bill signed by the Grand Jury Foreman. Also there is no showing in the
enclosed certified docket sheet and records where the District Court judge extended the term of the
empanelled Grand Jury beyond the 18 month time frame wherein defendant was indicted. Additionally,
according to F.R.C.P., Rule 6(f), not only was there no signature by the Grand Jury Foreman, the alleged
indictment was not returned in open court. There is no Grand Jury Concurrence on the record.
ReliefRequested:
Wherefore, due to the government's lack of subject matter jurisdiction as described in the above indictment
09-CR-121-S, aWrit Of Mandamus will "aide in the administration of justice" because "exceptional
circumstances" warrant the extraordinary remedy the Petitioner Shane Christopher Buczek respectfully
petitions this Honorable Court to issue the Writ forthwith. Petitioner Buczek requests for his immediate
release from supervision of five years, expunge Petitioner's record and provide Petitioner's fingerprints:
Order the destruction of ALL D.N.A. samples and all records pertaining to same; Provide Petitioner all
other just and proper relief, under the circumstances.
Dated this I r y ~ day ofDecember, 2012
7
7 of 87
VERIFICATION
I, Shane-Christopher:Buczek, Sui Juris, hereby verify under penalty of perjury, under the laws ofthe
United States of America, without the "United States" (federal government), that the above statements of
facts and laws is true and correct, to the best of my current information, knowledge, and belief, so help me
God, pursuant to 28 U.S.C. sec 1746( 1).
Dated: December 1.1,2012
/s/ Shane-Christopher: Buczek
Executor of the Estate
Beneficiary ofthe Trust
Grantor/Settlor
By:
..
LJ4;4.:/iqJ
Shane-Christopher:Buczek
All Rights Reserved without
Prejudice U.C.c. 1-207, 1-308
8
8 of 87
2072. Rules of procedure and evidence; power to prescribe
(a) The Supreme Court shall have the power to prescribe general rules of practice and procedure
and rules of evidence for cases in the United States district courts (including proceedings before
magistrates thereof) and courts of appeals.
(b) Such rules shall not abridge. enlarge or modifv any substantive right. All laws in conflict
with such rules shall be of no further force or effect after such rules have taken effect.
(c) Such rules may define when a ruling of a district court is final for the purposes of appeal under
section 1291 of this title [28 USCS 1291].
(Added Nov. 19, 1988, P. L. 100-702, Title IV, 401(a), 102 Stat. 4648; Dec. 1, 1990, P. L. 101-650,
Title III, 315, 104 Stat. 5115.)
USCS 1
2012 Matthew Bender & Company, inc., a member of the LexisNexis Group. All rights reserved Use ofthis product is subject to tbe restrictions
and terms and conditions of the Matthew Bender Master Agreement.
9 of 87
AMENDMENTS
Criminal actions-Provisions concerning-Due process of law and just compensation clauses.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand JUry, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or public danger; nor shall any person be
subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in
any criminal case to be a witness against himself, nor be deprived of life, liberty, or propertv,
without due process of law; nor shall private property be taken for public use, without just
compensation.
Cross References
Constitutional right to be informed of nature and cause of accusation, generally, USCS Constitution,
Amendment 6
Prohibition against state's denial of due process or equal protection, USCS Constitution,
Amendment 14
Grand jury procedure, generally, Rule 6, USCS Federal Rules of Criminal Procedure
Procedure as to indictment and information, generally, Rule 7, USCS Federal Rules of Criminal
Procedure
USCONST 1
2012 Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the restrictions
and terms and conditions of the Matthew Bender Master Agreement.
10 of 87
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CAPTION:
In Re:Shane-Christopher:Buczek v.
CERTIFICATE OF SERVICE
Docket Number: _____
I, Shane-Christopher:Buczek , hereby certify under penalty of perjury that on
(name)
December 17,2012 , I served a copy of Petition For Writ of Mandamus Pursuant
(date)
to Fed.Rules of App.P.21 (a)
(list all documents)
by (select all applicable)*
W United States Mail
o Federal Express
D Overnight Mail
I ./ I Facsimile
WE-mail
I2J Hand delivery
on the following parties (complete all information and add additional pages as necessary):
U.S.Attorney Office
138 Delaware Avenue Buffalo New York 14202
Name Address City State Zip Code
Richard Alcantra (2d Cir.) 40 Foley Square New York
New York
10007
Clerk's Office (Buffalo Division) 2 Niagara Square Buffalo New York 14202
December 17,2012
Today's Date
*If different methods of service have been used on different parties, please'
page, the type of service used for each respective party.
Certificate of Service Form
11 of 87
QC men
12 of 87
rn
Division: 1
Receipt Number: BUF832526
Cashier ID: Bbmisko
Transaction Date: 12/86/2812
Payer Name: SHANE CHRISTOPHER BUCZEK
ELECTRONIC PRINTING FEE
For; SHANE CHRISTOPHER BUCZEK
Case/Party: D-NYW-1-89-CR-888121-801
Amount: $ 4 . ~ 8
CERT OF DOC/TRANSCRIPT OF J6"T
For: SHANE CHRISTOPHER BUCZEK
Case/Party: D-NYW-!-89-CR-888121-881
Amount: $11.88
CERT OF DOC/TRANSCRIPT OF J6"T
For: SHANE CHRISTOPHER BUCZEK
Case/Party: D-NYW-I-89-CR-880121-B01
Amount: $11.88
PAPER CHECK CONVERSION
Check/"oney Order Num: 17616497231
Amt Tendered: $26.bB
Total Due: $26.68
Total Tendered: $26.68
Change Amt: $0.88
CERTIFIED COPY FEE FOR
SHANE CHRISTOPHER BUCZEK
7335 DERBY ROAD
DERBY NY 14947
NOTICE:
Payment by check will result in a
one-time electronic fund transfer
(EFT) from your account. Funds may
be withdrawn within 24 hours. If
there are insufficient funds, we
will impose a $53.88 fee to De
collected by EFT.
13 of 87
Case 1:09-cr-00121-WMS-HKS Document 1 Filed 04/21/09 Page 1 of 4
IN THE DISTRICT COURT OF THE UNITED STATES
For the Western District of New York
MAY 2007 GRAND JURY
(Empaneled 5/04107)
THE UNITED STATES OF AMERICA
-vs-
SHANE C. BUCZEK, Violation:
Title 18, United States
Defendant.
Code, Sections 1344 and 3147
(2 Counts)
COUNT ONE
The Grand Jury Charges that:
FROM on or about September 18, 2008, to on or about January
16, 2009, in the Western District of New York and elsewhere,
defendant SHANE C. BUCZEK unlawfully, wi fully and knowingly
executed and attempted to execute a scheme and artifice to defraud
and tq obtain the money, funds, credits, assets and other property
owned by and under the control of a financial institution, namely,
HSBC, NA (hereinafter
deposits insured by the
"HSBC"), an institution which had its
Federal Deposit Insurance
-.'-ECFt)UCumT. _._
. I herebyattes\ anD ...:enth thaI thIs is aprinted
! copy of a documew el.ectronicaUy
filed with the rJ"'''ler )tille, Olstrlct Court for
theWestern Vork ..
Date FH!':;!: __
Michael J.

14 of 87
Case 1:09-cr-00121-WMS-HKS Document 1 Filed 04/21109 Page 2 of 4
THAT IS TO SAY, on or about September 18, 2008, the defendant
opened a credit accoufit at Best Buy in Hamburg, New York, which
account had a credit limit of $3300 and which account was actually
a VISA account with HSBC.
THEREAFTER, the defendant used the account to purchase various
items from Best Buy which purchases approximately equaled the
defendant's $3300 credit limit.
THEN, on or about November 13, 17, 24, 25 and 28 and again on
December 2, 2008, in efforts to replenish his line of credit, the
defendant HSBC's "Check Direct" department to pay down
his balance, each time by supplying HSBC with the routing number of
Deposi tory Trust and Clearing CorJ2oration ("DTCC") of New York City
and an account number of an account in the defendant's name at DTCC
and directing HSBC to debit that account to pay the defendant's
outstanding balance.
IN TRUTH AND IN FACT, the defendant did not have, and knew he
did not have, an account at DTCC, and knew that in supplying HSBC
with the routing number for DTCC and an account number for an
account at DTCC in his name, the defendant was providing HSBC with
false information for the purpose, among others, of temporarily
2
15 of 87
returning his line of credit to or near to its $3300 1 so that
could make additional purchases from Best Buy.
THEN, following each instance in which the defendant supplied
HSBC with DTCC's routing number and the "number" of the non
existent account at DTCC, the defendant made further purchases from
Best Buy knowing that by employing the scheme outlined above, he
was enriching himself with Best Buy merchandise knowing full well
that HSBC would never be paid for the defendant's purchases from
Best Buy.
ALL in violation of Section 1344 of Title 18 of the United
States Code.
COUNT TW'O
The Grand Jury Further Charges that:
DEFENDANT SHANE C. BUCZEK was on release pursuant to an order
dated March 13, 2008, from the United States District Court for the
Western District of New York, Case No. 08-CR-54, which order
notified said defendant of the potential effect of committing an
offense while on pretrial release.
3
16 of 87
Case 1:09-cr-00121-WMS.:.HKS Document 1 Filed 04/21/09 Page 4 of 4
From on or about September 18, 2008, to on or about January
16, 2009, in the Weste.rn District of New York and elsewhere, the
defendant SHANE C. BUCZEK, did commit the offense of bank fraud, in
the manner set forth in Count One of this Indictment, in violation
of Title 18, United States Code, Section 1344;
ALL in violation of Title 18, United States Code, Section
3147 (I) .
DATED: Buffalo, New York, April 21, 2009.
KATHLEEN M. MEHLTRETTER
Acting United States Attorney
BY: Si.mTHONY M. BRUCE
ANTHONY M. BRUCE
Assistant United States Attorney
United States Attorney's Office
western District of New York
138 Delaware Avenue
Buffalo, New York 14202
(716) 843-5700, ext. 886
Anthony.M.Bruce@usdoj.gov
A TRUE BJ:LL:
S/FOREPERSON
FOREPERSON
4
17 of 87
Rule 49.1. Privacv Protection For Filings Made with the Court
(a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper filing with
the court that contains an individual's social-security number, taxpayer-identification number, or
birth date, the name of an individual known to be a minor, a financial-account number, or the
home address of an individual, a party or nonparty making the filing may include only:
(1) the last four digits of the social-security number and taxpayer-identification number;
(2) the year of the individual's birth;
(3) the minor's initials;
(4) the last four digits of the financial-account number; and
(5) the city and state of the home address.
(b) Exemptions from the Redaction Requirement. The redaction requirement does not apply
to the following:
(1) a financial-account number or real property address that identifies the property allegedly
subject to forfeiture in a forfeiture proceeding;
(2) the record of an administrative or agency proceeding;
(3) the official record of a state-court proceeding;
(4) the record of a court or tribunal, if that record was not subject to the redaction
requirement when originally filed;
(5) a filing covered by Rule 49.1(d);
(6) a pro se filing in an action brought under 28 V.s,c. 2241, 2254, or 2255;
(7) a court filing that is related to a criminal matter or investigation and that is prepared before
the filing of a criminal charge or is not filed as part of any docketed criminal case;
(8) an arrest or search warrant; and
----?(9) a charging document and an affidavit filed in support of any charging document.
(c)-Immigration Cases. A filing in an action brought under 28 U.S.c. 2241 that relates to the
petitioner's immigration rights is governed by Federal Rule of Civil Procedure 5.2.
(d) Filings Made Under Seal. The court may order that a filing be made under seal without
redaction. The court may later unseal the filing or order the person who made the filing to file a
redacted version for the public record.
(e) Protective Orders. For good cause, the court may by order in a case:
(1) require redaction of additional information; or
(2) limit or prohibit a nonparty's remote electronic access to a document filed with the court.
(f) Option for Additional Unredacted Filing Under Seal. A person making a redacted filing
may also file an unredacted copy under seal. The court must retain the unredacted copy as part of
USCSRULE 1
2012 Matthew Bender & Company. Inc .. a member of the Lexisj\;exis Group. All rights reserved. Use of this product is subject to the restrictions
and terms and conditions of the Matthew Bender Master Agreement
18 of 87
the record.
(g) Option for Filing a Reference List. A filing that contains redacted information may be filed
together with a reference list that identifies each item of redacted information and specifies an
appropriate identifier that uniquely corresponds to each item listed. The list must be filed under
seal and may be amended as of right. Any reference in the case to a listed identifier will be
construed to refer to the corresponding item of information.
(h) Waiver of Protection of Identifiers. A person waives the protection of Rule 49.1(a) as to
the person's own information by filing it without redaction and not under seaL
(As added April 30, 2007, eff. Dec. 1,2007.)
USCSRULE 2
2012 Matthew Bender & Company. lnc .. a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the restrictions
and tenns and conditions of the Matthew Bender Master Agreement.
19 of 87
CMIECF IilVE - u.s. District Court:nywd https:/lecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?117027903744336-L_1_1
': r,J'
~ .
,
APPEAL ,CLOSED _2010,VictimNotify
u.s. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00121-WMS-HKS-l
Case title: USA v. Buczek Date Filed: 04/21/2009
Date Terminated: 11109/2010
Assigned to: Hon. William M. Skretny
Referred to: Hon. H. Kenneth Schroeder,
Jr
Defendant (1)
Shane C. Buczek
TERMINATED: 1110912010
ATTEST A TRUE; liOP'T'
U S DISTRICT COURT. WDNY
MICHAELiEMER, CLERK
w
Pending Counts
represented by Shane C. Buczek
90656-111
FCI Loretto
, P.O. Box 1000
Loretto, PA 15940
PROSE
Brian P. Comerford
Federal Public Defender
300 Pearl Street
Suite 200
Buffalo, NY 14202
716-551-3341
Fax: 716-551-3346
Email: brian _ comerford@fd.org
TERMINATED: 0711912010
Designation: Public Defender
Appointment
John F. Humann
Federal Public Defender
300 Pearl Street
Suite 200
Buffalo, NY 14202
(716) 551-3341
Fax: 716-551-3346
Email: John _ Humann@fd.org
ATTORNEY TO BE NOTICED
Disposition
10f42
20 of 87
CMJECF LIVE - U.S. District Court:nywd
BANK FRAUD 18:1344
(1)
OFFENSE COMMITIED WHILE ON
RELEASE 18:3147
(2)
Higbest Offense Level (Opening)
Felony
Terminated Counts
None
Higbest Offense Level (Terminated)
None
Complaints
None
https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?1 17027903744336-L_ 1_
The Defendant is sentenced to
custody of the BOP for a term pf 27
months on Count 1 to run to
the sentence imposed on Count 1 of
08-CR-54 and Count 1 of09-GR-141
,
and 6 months on Count 2 to bel served
consecutively to Count 1 and <tount 1 of
,
08-CR-54 and Count 1 of09-CR-141
and a 5 year term of Release
on Count 1 and 3 years on Coqut 3 to
run concurrent to each other and the
sentence in 09-CR-141 and 08tCR-54.
Conditions of Supervised release are as
detailed in minute entry of 11 d/20 1O.
$100.00 Special Assessment mid
$8,882.39 restitution. imposed.'
The Defendant is sentenced to :the
custody ofthe BOP for a term 27
months on Count 1 to run to
the sentence imposed on Count 1 of
08-CR-54 and Count 10f09-GR-141
and 6 months on Count 2 to be] served
consecutively to Count 1 and Count 1 of
08-CR-54 and Count 1 of09-CR-141
,
and a 5 year term of Release
on Count 1 and 3 years on Colint 3 to
run concurrent to each other and the
sentence in 09-CR-141 and 08LeR-54.
Conditions of Supervised are as
detailed in minute entry of 11/$12010.
$100.00 Special Assessment aqd
$8,882.39 restitution. imposed.;
Disposition
Disposition
Zof42
11/29/2012 12:56
21 of 87
CMlECF LIVE - U.S. District Court:nywd
. ,
https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl? 117027903 744336-L_l_ 0
Plaintiff
USA represented by Anthony M. Bruce
US. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5886
Fax: 716-551-3052
Email: anthony.m.bruce@usdoj.gov
LEAD ATTORNEY
Mary C. Baumgarten
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5864
Fax: 716-551-3250
Email:
mary . catherine. baumgarten@usdoj.gov
Maura O'Donnell
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5816
Fax: 716-551-3146
Email: maura.o'donnel12@usdoj.gov
I Date Filed
I
# Docket Text
i 04/2112009
I
Ql
INDICTMENT as to Shane C. Buczek (1) count(s) 1,2. (DR) (Entered:
04124/2009)
05/06/2009 ~ Minute Entry for proceedings held before Hon. H. Kenneth Schroeder,
Jr:Arraignment as to Shane C. Buczek (1) Count 1,2 held on 5/6/2009. Court
read charges contained in indictment to defendant and entered plea of not
guilty on his behalf. Defendant objected to the Court entering plea of not guilty
on his behalf. Defendant advised of rights. Government moved for detention.
Defendant objected to govenment's motion. Detention Hearing set for 5/7/2009
at 10:30 AM before Hon. H. Kenneth Schroeder Jr. Defendant waived his right
to be represented by counsel for purposes of Detention Hearing. Time
Excluded as to Shane C. Buczek from 5/6/2009 to 5/7/2009 pursuant to Title
18 USC 3161(h)(1)(D), (h)(7)(A) and (h)(7)(B)(iv). Defendant remanded.
30f42 1lI29/2012 12:56]
22 of 87
, .
":'!IBCJ: LJ\/E - us. Dfstrlct Court:nywd https:llecfnywd.circ2.dcnlcgi-binIDktRpt.pl?117027903744336-L
I
}
{
IAppearances by AUSA George Burgasser; Shane Buczek appeared pro se;
I
III USPO Scott Kawski. (Court Reporter FTR Gold.)(LMG) (Entered:
,
05/06/2009)
I '
I051071200?
J 1
I '
I
I
i
I i
I 05115/2009
I I
I
!
0511512009
05115/2009
i 06/03/2009
I !
3 I Minute Entry for proceedings held Hon. H. Kenneth Schroeder, Jr:
IStatus Conference as to Shane C. B,uczek held on 6/3/2009. Defendant made
I ; oral motion to travel to Texas to with attorney he may wish to retain.
i 'I I Motion denied. Defendant directedlto provide the Court with the name of the
i attorney he has retained no later than 6/4/2009. Status Conference set for
1615/2009 at 03:30 p.m. Defendant Ijeminded to follow terms and conditions of
Ibail previously imposed. Tune Excluded as to Shane C. Buczek from 6/3/2009
4of42 11/29/2012 12:56 I
23 of 87
.. 1- I
'.'
https://ecf.nywd.circ2.dcnlcgi-hinlDktRpt.pl? 117027903744336-L_l_O
to 6/512009 pursuant to Title 18 USC 3161(h)(7)(A) and (h)(7)(B)(iv).
Appearances by AUSA Anthony Bruce; Shane Buczek appeared pro se.(Court
Reporter FTR Gold.)(LMG) (Entered: 06/03/2009)
(3
06/05/2009 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:
. Status Conference as to Shane C. Buczek held on 6/5/2009. Defendant advised
that he has a meeting scheduled with attorney David Jay on 6/6/2009.
Appearance of Counsel Hearing set for 6/15/2009 at 02:30 PM before Hon. H.
I Kenneth Schroeder Jr. Court found that defendant did not violate the terms
and conditions of bail alleged in the most recent violation. Defendant ordered
to remove himself from all social networking sites by 5:00 p.m. on 6/812009.
THE CLERK OF THE COURT IS DIRECTED TO RECEIVE AND ACCEPT
FOR FILING ALL OF DEFENDANT'S FILINGS WIlliOUT THE
REQUIRED CERTIFICATE OF SERVICE. Tune Excluded as to Shane C.
Buczek from 6/512009 TO 6/1512009 pursuant to Title 18 USC 3161(h)(7)(A)
and (h)(7)(B)(iv). Appearances by AUSA Anthony Bruce; Shane Buczek
appeared pro se; USPO Zenaida Piotrowicz. (Court Reporter FIR
Gold.)(LMG) (Entered: 06/08/2009)
06/08/2009 ~ 1 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
Shane C. Buczek held on 5/6/09 before Judge H. Kenneth Schroeder, Jr.. Court
Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723-2208.
Transcript may be viewed at the court public terminal or purchased through the
Court Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Redaction
Request due 6/29/2009. Redacted Transcript Deadline set for 7/9/2009.
Release of Transcript Restriction set for 9/8/2009. (DZ) (Entered: 06/09/2009)
06/08/2009 ;;)8
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
Shane C. Buczek held on 5/7/09 before Judge H. Kenneth Schroeder, Jr .. Court
Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723-2208 .
. Transcript may be viewed at the court public terminal or purchased through the
Court Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Redaction
Request due 6/29/2009. Redacted Transcript Deadline set for 7/9/2009.
Release of Transcript Restriction set for 9/8/2009. (DZ) (Entered: 06/09/2009)
06/08/2009 ~ 9 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
Shane C. Buczek held on 5/15/09 before Judge H. Kenneth Schroeder, Jr ..
Court Reporter/Transcriber Debra L. Potocki, Telephone number (843)
723-2208. Transcript may be viewed at the court public terminal or purchased
through the Court Reporter/Transcriber before the deadline for Release of
i Transcript Restriction. After that date it may be obtained through PACER.
1 Redaction Request due 6/29/2009. Redacted Transcript Deadline set for
7/9/2009. Release of Transcript Restriction set for 9/8/2009. (DZ) (Entered:
06/09/2009)
06/09/2009 il6 REFERRAL ORDER to Magistrate Judge H. Kenneth Schroeder, Jr., as to
Shane C. Buczek. Signed by Judge William M. Skretny on 6/9/2009.(JCD)
(Entered: 06/09/2009)
I
50f42 11129/201212:56
24 of 87
i
https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pI?117027903744336- L_I
CMlECf LM. iJ\Strlct tourt:nywd
06115/2009 '1 Minute Entry for;proceedings held before Hon. H. Kenneth Schroe4er, Jr: II
! Status as to Shane C. Buczek held on 6/15/2009. Attorney David
IJay, who was preilent in the courtroom, advised that defendant has not retained
Ihim. Defendant cpnfrrmed that he will be proceeding pro se. Order
II to be entered. TillIe Excluded as to Shane C. Buczek from 6115/2009 to
i 7117/2009 pursua;nt to TItle 18 USC 3161(h)(7)(A) and (h)(7)(B)(iv).
IDefendant permission to leave his residence in order to W:ork on his
I case at the DB Law School Library. Court directed defendant to
Iapplication to the'U.S. Probation Office for the sole purpose of goirig to the DB .
I Law School the Federal Courthouse Library or the Court
i Library. Appearapces by AUSA Anthony Bruce; Shane Buczek pro !
se; Attorney Davjd Jay. (Court Reporter FTR Gold.)(LMG) !
06116/2009) .' ;
I
i' :
06115/2009 a II IMEMORANDU1\FBRIEF by Shane C. Buczek (DR) (Entered:
06117/2009 \) lQ I SCHEDULING QRDER as to Shane C. Buczek: Discovery complded by
16/30/2009; Motio;ns due by 7/17/2009; Responses due by Ifno
i motions are filed,: parties are directed to appear before the Hon. Wil;liam M.
ISkretny on 7/22/2.009 at 09:00 AM. Signed by Hon. H. Kenneth Schroeder, Jr
Ion 6115/09.(LMG) (Entered: 06/17/2009) :
06118/2009 MEMORANDilll1lBRIEF by Shane C. Buczek (DR) (Entered:

06/30/2009 a i NOTICE OF FlU.NG OF OFFICIAL TRANSCRIPT as to
I Shane C. Buczekiheld on 6/15/09 before Judge H. Kenneth Schroeqer. Court
Reporter/Transcriiber Karen J. Bush, Telephone number (585) 613-4312.
Transcript may bel viewed at the court public terminal or purchased the
Court Reporter/transcriber before the deadline for Release of
Restriction. After/that date it may be obtained through PACER.
Request due 7/21(2009. Redacted Transcript Deadline set for 7/311*009.
Release of Transcript Restriction set for 9/28/2009. (DR) (Entered: 1
07116/2009) , :
I' I
i 07/06/2009 3
11
1 AFFIDAVIT of Original Issue and Notice to the Court by Shane C. ?uczek
I
! (DZ) (Entered: 01/07/2009) i
I, i
I07107/2009 ;;J 13 I NOTICE as to Sh;:me C. Buczek. Motions having been filed by the 4eadline of
17/17/2009 as set Magistrate Judge, the conference for
7/22/2009 befOre(',William M. Skretny, U.S.D.J. IS CANCELED. (MfAL)
I
1
i (Entered: 07/07/2009) 1
1,107/08/2009 a 38 ISummons Executed on 611/09. as to Shane C. Buczek. (Dk)
, I(Entered: 10/26/2;009) I
r-I---------t--------jlc----------' ,
I 07/13/2009 3121 MOTION for wo release by Shane C. Buczek. (DR) (Entered: 071:14/2009)
07113/2009 a 12 I NOTICE OF by Shane C. Buczek (DR) (Entered: 07114{2009)
! i !
0711512009 .;;;J 17 i TEXT ORDER as, to Shane C. Buczek: The government shall respond to
,. I
i defendant's 15 Petition for Work Release no later than 7124/2009 after which
I - <C i
! time the petition Shall be taken under advisement. SO ORDERED. by
I the Hon. H. Kennieth Schroeder, Jr on 7/15/09.(LMG) (Entered: 07Ji15/2009)
!
60f42
11/29/2012 12::
25 of 87
.. 1
.
https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?117027903744336-L_1_0
07116/2009 i3 19 Judicial Notice filed by Shane Buczek (DZ) (Entered: 07117/2009)
-
07117/2009 ~ 2 4 MOTION for Extension of Tune by Shane C. Buczek. (Attachment maintained
in paper form in the Clerk's office due to certification of document) (DZ)
(Entered: 07127/2009)
07/22/2009 i3 20 RESPONSE to Motion by USA as to Shane C. Buczek re 15 MOTION for
-
work release (Response to the Defendant'S Petitionfor Work Release) (Bruce,
Anthony) (Entered: 07/22/2009)
~ 2 1 07123/2009 MOTION to Strike The Defendant'S Pretrial Filings As Frivolous by USA as
to Shane C. Buczek. (Bruce, Anthony) (Entered: 07/23/2009)
07/27/2009 i3 22 ORDER denying 15 Motion for Work Release as to Shane C. Buczek (1).
-
Signed by Hon. H. Kenneth Schroeder, Jr. on July 27, 2009. (APG) (Entered:
07/27/2009)
07/2712009 323 ORDER denying relief sought in 11 Memorandum/Brief, 12
MemorandumlBrief, 14 Affidavit, 12 Judicial Notice and denying as moot 21
IMotion to Strike as to Shane C. Buczek (1). Signed by Hon. H. Kenneth
. Schroeder, Jr on July 27, 2009.(APG) (Entered: 07/27/2009)
07/27/2009 il251 ORDER denying 24 Motion for Extension ofTime to File as to Shane C.
Buczek (1). Signed by Hon. H. Kenneth Schroeder, Jr. on July 27,2009.
i
I(APG) (Entered: 07/27/2009)
0811112009 i3 26 IMOTION To Set A Trial Date by USA as to Shane C. Buczek. (Bruce,
Anthony) (Entered: 08/11/2009)
08/14/2009 CJ 27 Minute Entry for proceedings held before Hon. Hugh B. Scott:lnitial
I
Appearance re Petition for Revocation of supervised release as to Shane C.
Buczek held on 8/1412009. Defendant advised of charges in the violation
petition and informed of rights. Court enters denial as to the charges.
I
Government moves to detain. Matter is scheduled for 1 0:00am on Monday
August 17,2009 before Magistrate Judge Schroeder. Defendant remanded.
Appearances; George Burgasser, AUSA, Anthony Bruce, AUSA, Brian
Comerford, AFPD with defendant (for this proceeding only. ) (JDK) .
(Entered: 08/1412009)
08/1712009 a28 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:Bail
Violation Status Hearing as to Shane C. Buczek held on 8/17/2009. Court
acknowledges attorney Brian Comerford from the public defenders office is
present. Court conditionally assigns Mr. Comerford. Defendant to complete
fmancial affidavit. The government moves to detain defendant. Bail Review
Hearing set for 8/20/2009 02:00 PM before Hon. H. Kenneth Schroeder Jr.
Defendant is continued detained and remanded. Appearances; George
IBurgasser, AUSA on behalf of Anthony Bruce, AUSA, Brian Comerford,
AFPD with the defendant, USPO Scott Kawski and USPOA Curtis
I
Mlddlebrooks(Court Reporter FTR Gold.)(JDK) (Entered: 08117/2009)
08/17/2009 Attorney update in case as to Shane C. Buczek. Attorney Brian P. Comerford
I for Shane C. Buczek added. (JI)K) (Entered: 9_8_11_8_/2_0_0_9)______---'
7of42 1112912012 12:56 J
26 of 87
i
,
CMJECF LIVE - U.S. Distrkt Court:nywd
https:llecfnywd.circ2.dcnlcgi-binlDktRptpl?1 I7027903744336-L_1_1
I
I
I
I
. 08/20/2009) 1
\) 30 Minute Entry for proceedings held before Hon. H. Kenneth Jr:Bail ! 08/20/2009
i
, i
Review Hearing as;to Shane C. Buczek held on 8120/2009 Defendantl
completed fmancial affidavit. Defendant sworn, examined and deternJllned
eligible for counsell. AFPD accepts appointment and is fonnally
Government moves for detention on the basis of violation, argument
Court denies the gq1vernments request to detain. Defendant to be on
EMS with conditions modified. Government moves for a stay in ordet to
appeal the decision to the District Court. Court denies the governments
request. Appearanc,es; AUSA George Burgasser on behalf of AUSA Anthony
Bruce, AFPD Briaft Comerford with defendant and USPO Scott and
I USPOA Curtis Mid;dlebrooks (Court Reporter FTR Gold.)(JDK) Mocmfied on
118/20/2009 re: the g.!.:.wernments request to appeal decision (JDK). (Eni.ered:
1-1 c-o-m-p-l-eted fmancial affidavit which was filed in (JDK)
I I (Entered: 08/20/20
i
09) I
Shane C. Buczek. The 26 Government's MotioniTo Set A
ITrial Date is return\lble on 9/3012009 .9:00 a.m. before William M.
!
I
IU.S.DJ. SO ORDERED. Issued by William M. Skretny U.S.DJ. on 91;5/2009.
I
I (MEAL) (Entered:!09/11/2009) !
11-------+---+,-.------, I
I 09/30/2009 332 Minute Entry for pitoceedings held before William M. Skretny U.S.D.U:Status
. . I
! additional discover!y. Defendant's Motions are to be filed by 10/9/2009.
Government is due 10/30/2009. Defendant!s reply is due 1141 0/2009.
I Conference as to S]1ane C. Buczek held on 9/30/2009. Defendant reCl\uested
1,1 A Status Conferenc:e is set for 11119/2009 at 9:00 AM before Williarri M.
, Skretny U.S.DJ. Time to be excluded pursuant to 3161(h)(l)(D) and
(7)(A). Government advises that a motion to consolidate cases for may be 1,
forthcoming. For govt. - Richard Maigret for Anthony Bruce. Forlthe deft. :
1
- Brian ComerfordlDefendant present. (Court Reporter Michelle
(IVIEAL) i I
i-l-0-10-5-/2-0-09--+--eJ-33-+-N-O-n-C-E-O-F-FI-L-n{IG OF OFFICIAL TRANSCRIPT of Proceedings to I
Shane C. Buczek hbld on August 17,2009 before Judge H. Kenneth Schroeder, i
!Jr.. Court A. Macri, num?er i
! 585-613-4310. Transcnpt may be VIewed at the court public termmallor
purchased thrOughi.Jhe Court Reporter/Transcriber before the deadline for I,'
Release of Transcrtpt Restriction. After that date it may be obtained I
I PACER. due Redacted Transcript set I
i for 11/5/2009. Rek;ase of Transcnpt RestnctIon set for 114/2010. (DR) i
r-______ I I
\. ! I
10/0512009 \) 34 INOnCE OF FILU"IG OF OFFICIAL TRANSCRIPT of Proceedings to I
I i Shane C. Buczek h!;:ld on August 20, 2009 before Judge H. Kenneth
IJr.. Court ReporterYTranscriber Christi A. Macri, Telephone number i :
I 585-613-4310. Traf,lscript may be viewed at the court public terminal\or I
Ipurchased through fthe C0u:t :r:eporter/Transcribe: before the for I
I Release of RestrIctIOn. After that date It may be obta.med I
I PACER. RedactIortRequest due 10/26/2009. Redacted Transcnpt set I
I for 11/5/2009. Rele:ase of Transcript Restriction set for 114/2010. I
I
gof42
111/29/201212:5c
27 of 87
LIVE - U.S. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl? 117027903744336-L _1_(
I I(Entered: 10/05/2009)
10109/2009 \) 35 MOTION for Discovery, MOTION to Inspect, MOTION for Release of Brady i
1 Materials, MOTION for Disclosure, MOTION Disclosure of Witnesses'
IStatements, Preservation of Rough Notes and Further Relief by Shane C.
Buczek. (Attachments: # 1Exhibits 1-3)(Comerford, Brian) (Entered:
10109/2009)
10116/2009 RESPONSE to Motion by USA as to Shane C. Buczek re 35 MOTION for
Discovery MOTION to Inspect MOTION for Release of Brady Materials
MOTION for Disclosure MOTION Disclosure of Witnesses' Statements,
Preservation ofRough Notes and Further Relief Government's Response To
The Defendant's Pretrial Discovery Motion (Bruce, Anthony) (Entered:
\10116/2009)
I I
10/2112009 37 I ARREST Warrant Returned Executed on 8114/09 in case as to Shane C.
I
IBuczek. (DZ) (Entered: 10/21/2009)
\i 39 REPLY TO RESPONSE to Motion by Shane C. Buczek re 35 MOTION for
Discovery MOTION to Inspect MOTION for Release of Brady Materials
MOTION for Disclosure MOTION Disclosure of Witnesses' Statements,
Preservation of Rough Notes and Further Relief (Comerford, Brian) (Entered:
11/09/2009
I
11109/2009)
11119/2009 Minute Entry for proceedings held before William M. Skretny U.S.D.J.:Status
Conference as to Shane C. Buczek held on 11119/2009. Discovery ongoing.
Defendant addressed the Court. Notice of Mistake with Affidavit in Support
Acceptance, Forgiveness and Request for Forgiveness, Memorandum of Law
\J. 40
I
provided to the Court. Court to file same. An additional Status Conference is
set for 1211012009 at 10:00 AM before William M. Skretny U.S.D.J. Time to be
Excluded pursuant to 3161(h)(7)(A). For the govt. - Anthony Bruce. For the
deft. - Brian Comerford. (Court Reporter Michelle McLaughlin.)(MEAL)
i
I
(Entered: 11120/2009)
I
11/20/2009
I
NOTICE of Mistake with Affidavit in Support Acceptance, Forgiveness and
IRequest for Forgiveness, Memorandum of Law by Shane C. Buczek. (Entered: I
1211012009
11/20/2009)
Minute Entry for proceedings held before William M. Skretny U.S.D.1.: Status
I
I
Conference as to Shane C. Buczek held on 12110/2009. Jencks and 3500
material to be provided to defendant. Jury selection and Jury trial is scheduled
to commence on 3/2/2010 at 9:30 a.m. A fmal pretrial order to be issued. Court
deems 41 NOTICE of Mistake with Affidavit in Support Acceptance,
Forgiveness and Request for Forgiveness, Memorandum of Law irrelevant to
the proceedings. Brian Comerford of the Federal Public Defender's Office is
attorney of record for the defendant. TIme to be excluded pursuant to 3161 (h)
(7)(A). For the govt. - Charles Wydysh. For the deft. - Brian Comerford.
(Court Reporter Michelle McLaughlin.)(MEAL) Modified on 12118/2009
I (MEAL). (Entered: 12117/2009)
C) 42 . Proposed Jury Instructions by USA as to Shane C. Buczek (Bruce, Anthony) . 12/1612009
I (Entered: 1211612009)

9 of 42 11129/2012 12:56
28 of 87
VEeF LIVE U.S. District Court:nywd
https:llecfnywd.circ2.dcnlcgi-binlDktRpt.
p
l?117?27903744336.L_ J_0.
I' j
12/17/2009 "43 I WITNESS LIST b:y USA as to Shane C. Buczek (Bruce, Anthony) (lfntered:
\ 12117/2009) '. I
,. j
:-------+----+,------; I
12/18/2009 \J I Pretrial ConferenG.:e as to Shane C. Buczek set for 1/27/2010 @02:QO PM
Ibefore Hon. M. Skretny. (JDK) (Entered: 12/18/2009) I
. I
1211812009 II' Status as to Shane C. Buczek set for 2112/2010@09:0QAM.
i before Hon. M. Skretny. (JDK) (Entered: 12118/2009)! i
12/18/2009 "45 IProposed Voir by USA as to Shane C. Buczek (Bruce, (Entered: I
. 12/18/2009) I I
1211812009 \) 46 1RlAL BRlEF bYiUSA as to Shane C. Buczek (Bruce, Anthony) (E*tered:
______+-__ __ .
12/21/2009 47 i PRE1RlAL as to Shane C. Buczek. Jury selection is sched,led to
Ibegin on 2116/20 1P at 9:30 AM. A fmal pretrial conference will be on
I 1127/2010 at 2:00PM, and a fmal status conference will be held on
Iat 9:00 AM. All-wj:ill take place before the Hon. William M. Skretny.!Signed by
! Judge William M.!Skretny on 12/20/2009. (Attachments: # 1Pretrial Order
: ". 1
______ _____' ___________l _________________________ I Attachment)(JCDj) (Entered: 12/21/2009) ____ i
12/21/2009 () 48 IEXHIBIT LIST by USA as to Shane C. Buczek (Bruce, Anthony) Cantered:
112/2112009) , I
12/21/2009 Q 49 IEXHIBIT LIST b USA as to Shane C. Buczek (Bruce, Anthony)
i 12/2112009) . I

1212212009 \,) 50 INOTICE OF OF OFFICIAL TI{ANSCRlPT of Proceedingsj as to !
! Shane C. Buczek held on December 10, 2009 before Judge William I
1M, Skretny. Court:; Reporter/Transcriber Michelle L. McLaughlin, Tdlephone I
Inumber 716-332-3}560. Transcript may be viewed at the court publiq terminal !
I or purchased thrO\lgh the Court ReporterlTranscriber before the deatlline for
IRelease of Transclipt Restriction. After that date it may be obtained!tbrough
IPACER. Redactio,u Request due 1/12/201? Transcript D!dline set
I for 1/22/2010. ReJ:ease of Transcnpt RestnctlOn set for 3/22/2010. (PR)
i (Entered: 12/23/21,)09) I
12/30/2009 ..:...l 52 I***DOCUMENT;S'IRlKEN PURSUANT TO ORDER I
" OF THE TRUST filed by Shane Buczek.
; Modified on (DR). (Entered: 01106/2010) I
r-----------+-----+,--------,. ,
12/30/2009 \A 53 ! PURSUANT TO ORDER #59***PEnlTION to I
IDismiss for Lack {)fRatification of Commencement by Shane C. Bufzek. (DR) I
! Modified on (DR). (Entered: 0110612010) I I
!; I
01/04/2010 -3 51 INOTICE by C. Buczek re 46 Trial Brief Defendant's to !
i Government's Memorandum and Motion in Limine Brian) ;
: (Entered: 01 I04/2() 10) ,

01104/2010 i354 i ***DOCUMENTS1RlKEN PURSUANT TO ORDER #59* * *AMBNDED i
IPETITION to DisP:iss for Lack of Ratification of Commencement br Shane C, !
I '----____"'----_..........i_B_u_c_ze_k_, on 1112/2010 (DR). (Entered: 01106/2010) 1
, of42
11/29/2012 12:56 Ph
29 of 87
~ F LIVE - U.S. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pI?117027903744336-L_l_0-1
~ .
01/07/2010 NOTICE OF ATTORNEY APPEARANCE: John F. Humann appearing for
I
a56 I 01/0812010
0110812010 ~
0111112010 \:J 58
01111/2010 3
01114/2010 360
01121/2010 \:J 61
Shane C. Buczek as Co-Counsel (Humann, John) (Entered: 0110712010)
MOTION to Adjourn Trial by Shane C. Buczek. (Humann, John) (Entered:
01/08/2010)
NOTICE OF ATTORNEY APPEARANCE Mary C. Baumgarten appearing for
USA. (Baumgarten, Mary) (Entered: 01/08/2010)
NOTICE as to Shane C. Buczek. The Defendant's 56 Motion to Adjourn Trial
is returnable on 1114/2010 at 9:00 AM before William M. Skretny, Chief
Judge, US.D.C. (MEAL) (Entered: 0111112010)
I
ORDER as to Shane C. Buczek DIRECTING that all filings on Defendant's
behalf be made by his attorney -of record; DIRECTING the Clerk of the Court
not to accept any submissions unless presented as specified; DIRECTING the
Clerk of the Court to strike Docket Nos. 52 , 53 and 54 from the docket.
Signed by William M. Skretny, Chief Judge, U.s.D.C. on 1/8/201O.(MEAL)
(Entered: 01111/2010)
Minute Entry for proceedings held before William M. Skretny US.D.l: 56
Motion to Adjourn trial date as to Shane C. Buczek held on 1114/2010. Court
grants the Defendant's Motion to Adjourn. Jury selection and Jury trial is now
scheduled to commence on 3/2/2010 at 9:30 a.m. An amended fmal pretrial
order to be issued. Amended pretrial orders to be issued in other cases as well.
Last trial to commence on 612812010. Possible recusal motion to be filed.
Defendant to meet with his counsel. Time to be excluded pursuant to 3161(h)
(7)(A). For the govt. - Anthony Bruce, Mary C. Baumgarten. For the deft.
Brian Comerford, John Humann. (Court Reporter Michelle McLaughlin.)
(MEAL) (Court Reporter Michelle McLaughlin.)(MEAL) (Entered:
0111812010)
AMENDED PRETRIAL ORDER as to Shane C. Buczek. Jury selection
scheduled to begin on 31212010 at 9:30 AM. A fmal pretrial conference will be
held on 2/23/2010 at 10:00 AM, and a fmal status conference will be held on
3/112010 at 10:00 AM. All will take place before the Hon. William M. Skretny.
Signed by Judge William M. Skretny on 1119/2010. (Attachments: # 1Pretrial
Order Attachment (Criminal))(JCD) (Entered: 0112112010)
0211112010 i:l62i MOTION Status conference as to attorney representation by Shane C. Buczek.
(Comerford, Brian) (Entered: 02/11/2010)
02116/2010 Qt 63 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT, the
62 Motion for the scheduling of a Status conference as to attorney
representation is GRANTED. Counsel for the parties and the defendant are to
appear before this Court on 2118/2010 at 9:00 AM for a Status Conference SO
ORDERED. Issued by William M. Skretny, Chief Judge US.D.C. on
I
2116/201 O.(MEAL) (Entered: 02116/2010)
02118/2010 364 Minute Entry for proceedings held before William M. Skretny, Chief
Judge:Status Conference as to Shane C. Buczek held on 2118/2010.
I
Defendants requests to proceed pro se with Attorney Comerford as stand-by
I
11129/2012 12:56 PM 42
30 of 87
cMi'\';l.Cl" L'l'V'l1 - u.s. Court:nywd
i .!.
I counsel. Court will allow. Defendant advised that documents filed wjith the
I, ,
\ Clerk of the Court;' must be in proper format or they will not be fued.1 Requisite
Iwarnings given anli frndings made as to defendant proceeding pro sel Trial to
I proceed as schedu}ed. For the govt. - Mary Baumgarten. For the deft. - Shane
II' Buczek, pro se, B]iian Comerford, stand-by counsel. Court Reporter fatricia
Galas Jack W. Hunt & Associates, Inc.) (tvrnAL) (Entered: 021l9/2QlO)
1 j c
02/22/2010 a 65 IPETITION to Disl:niss for Lack of Ratification of Commencement No
IControversy by C. Buczek. (DR) (Entered: 02/23/2010) I
0-2/-2-2/-2-0-10---+--a-"-6-6--+-1*-*-S-TRI--C-KE-N-F-Rl-lI)M THE RECORD pursuant to Order document ** i
IAFFIDAVIT Averment, Opportunity to Cure, and by !
IShane C. Buczek Modified on 3/112010 (DR). (Entered: 02/23{201O) I
i-------t----t'-------'. i '
02/22/2010 67 I GLOBAL DEMA1 to Recuse AUSA Anthony Bruce, Kathleen M!
_I' I
I Mehltretter, Maryi;C. Baumgarten & all AUS Attorney's in Western !District of
!New York Office for Conflict of Interest by Shane C. Buciek. (DR)
!(Entered: 02/23/2() 1 0) !
0-2/-2-3-/2-0-1-0--:---;:)-' -7-0-
i
M-in-u-te-E-nt-ry-fo-r-vroceedings held before William M. Skretny, Chiei Judge:
Final Pretrial Con1;erence as to Shane C. Buczek held on 2/23/2010. final
Pretrial held. Defendant Buczek advises that he has flied
", I
documents. government to file response. Court pretrial
submission checklllst. Any additional trial submissions by Defendant !Buczek
" I
must be filed by Nlkmday, March 1; 2010, at 10:00 a.m. Parties to comer
". !
regarding stipulatibns. Court resolves Motions in Limine by Bench Statement.
March 3, 2010 trial day will not begin until 2:00 p.m. Final Status cohference
, I
scheduled for Man,ch 1,2010, at 10:00 a.m. Trial WILL COMtvrnNqE at 9:30
a.m., March 2,2010, with jury selection, opening statements, and perhaps the
beginning of proof: For the govt.- Mary Baumgarten, Anthony Bruce. For
c, I
Deft. - Shane pro se, Brian P. Comerford, standby counsel. (Court
I Reporter Patricia Jack W. Hunt & Associates, Inc.)(tvffiAL) CEntered:
I 02/25/2010)" ,

02/24/2010 Q 68 GLOBAL DEMAl'.JD to Dismiss for Malicious, Selective, Vrndictive!
I
- Prosecution and Disqualification of AUSAAnthony Bruce by ShanelC.
Buczek. (Attachmlents: # 1Exhibit D, # Exhibit E, # J Exhibit E (don't), # 1.
I,
r--___--+__ G, # 2. Exhibit H)(DR) (Entered: 02124/2010) I
02/25/2010 tvrnMORANDuMlBRIEF The Government's Response to the
Motion to Recuse United States Attorney's Office from Prosecu4ing this
Case by USA as tq Shane C. Buczek (Baumgarten, Mary) (Entered: I
02/25/201 0), !
. I
02/25/2010 NOTICE OF MISIAKE WITH DECLARATION IN SUPPORT NOTICE OF
, I
ELECTION OF A1CHOICE IN ACTION AND CONVERSION ON V\LL
LIABILITY by C. Buczek (DZ) (Entered: 02125/2010)
02/26/2010 DECISION AND bRDER DENYING Defendant's 65 Petition to for
"- - 1
Lack of Ratificati<im of Commencement and No Controversy; DEN1f1NG 66
Defendant's Affidlitvit of Negative Averment, Opportunity to Cure, ahd
Counterclaim to tlie extent it seeks dismissal of the indictment; DIRJECTING
,. !
20f42 11/29/2012 12:56 Ptv
31 of 87
2M1ECF LIVE - U.S. District Court:nywd https:l/ecfnywd.circ2.dcnlcgi-binlDktRpt.pl?117027903744336-L_l_0-1
-. ,
I
the Clerk ofthe Court to S1RlKE Docket No. 66 from the docket; DENYING
Defendants .1 Global Demand to Recuse AUSA Anthony Bruce, Kathleen M.
Mehltretter, Mary C. Baumgarten & ALL AUS Attorneys In Western District
of New York Attorney Office for Conflict ofInterest; DENYING Defendant's
68 Global Demand to Dismiss for Malicious, Selective, Vmdictive Prosecution
and Disqualification of AUSA Anthony Bruce. SO ORDERED. Issued by
William M. Skretny, Chief Judge U.S.D.C.on 2/26/2010. (MEAL) (Entered:
02/26/2010)
0212612010 382 Minute Entry for proceedings held before William M. Skretny, Chief Judge:
Status Conference as to Shane C. Buczek held on 212612010. Plea did not go
forward. For the govt. - Mary C. Baumgarten. For the deft. - Shane Buczek,
pro se, Brian Comerford Standby Counsel. (Court Reporter Michelle
McLaughlin. )(MEAL) (Entered: 03103/2010)
03/0112010 iit 73 ' WITNESS LIST by USA as to Shane C. Buczek (Baumgarten, Mary) (Entered:
03/0112010)
03/0112010 '4 74 : EXHIBIT LIST by USA as to Shane C. Buczek (Baumgarten, Mary) (Entered:
t 03/01/2010)
0310112010 ~ 75 : EXHIBIT LIST by USA as to Shane C. Buczek (Baumgarten, Mary) (Entered:
0310112010)
03/0112010 ~ 7 6 MANDATORY JUDICIAL NOTICE by Shane C. Buczek. (DR) (Entered:
03/01/2010)
03/0112010 1377 AMENDED NOTICE of MISTAKE with Declaration in Support Notice of
Election of a Chose in Action and Conversion on all Liability by Shane C.
Buczek. (DR) (Entered: 03/0112010)
I,) 78 03/0112010 PETITION for Post Settlement and Closure of the Account Under Public
Policy by Shane C. Buczek. (Attachments: # 1 Continuation #1, # 1
Continuation #2, # J Continuation #3, # 1. Continuation #4., # ~ Continuation
#5, # Q Continuation #6, # 1 Continuation i#7, # ~ Continuation #8)(DR)
i (Entered: 03/0112010)
0310112010 <:179 EXHIBIT LIST by USA as to Shane C. Buczek (Baumgarten, Mary) (Entered:
03/0112010)
03/01/2010 ~ E-Filing Notification: Document missing attorneys electronic signature. NO
Action required: For future reference, all documents require electronic
signatures. 75 EXHIBIT LIST by USA as to Shane C. Buczek (Baumgarten,
Mary) (DR) (Entered: 03/02/2010)
03/0112010
I
13 87 I Minute Entry for proceedings held before William M. Skretny, Chief Judge:
Status Conference as to Shane C. Buczek held on 31112010. Counsel and
defendant to be present at 9:00 a.m. on 31212010. Jury selection to start at 9:30.
a.m.. Court to bifurcate trial. Defendant requests adjournment of trial.
Government objects. Court denies. For the govt. - Mary C. Baumgarten,
Anthony Bruce. For the deft. - Shane Buczek, pro se. Brian Comerford,
stand-by counseL (Court Reporter Michelle McLaughlin.)(MEAL) (Entered:
03/08/2010)
I
of42 J1129/2012 12:56 PM
32 of 87
l_F LIVE - U.S. District Court:nywd https:1lecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?1 1 7027903744336-L 1
'---'
.;J 80 iNOTICE OF MISTAKE and EXPRESSION OF TRUST by Shane C. kuczek.
i--___-,...__-+I_(D_R_)_(_E_nt_e_re_d_: 0_31:02/2010) !
03/02/2010
0310212010 CJ 81 INOTICE OF CON])ITIONAL ACCEPTANCE & WI1NESS LIST FOR
-I SHANE c. Buczi:K by Shane C. Buczek. (DR) (Entered: 03/02/20 to)
t----------!----+,--------: :
88 IMinute Entry for held before William M. Skretny, ChiefITudge: I
! Jury Selection and iJury Trial as to Shane C. Buczek held on 3/2/20 1 I
" P.re1irninary matter!.:.'; waming pro se I
. glVen to defendant. TrIal to be bifurcated. Court demes defendant's rqotlOn to I
I adjourn trial. PretrIal rulings issued. Jury panel swom. Twelve jurors 2 \
I altemates selected.: Court denies challenges for cause, Juror numbers!2, 8, 14, I
115 and 30. Jury sworn. gave opening I
i Defendant's subpoenas dIscussed. Jury TrIal as to Shane C. Buczek tq resume !
I on 3/3/2010 at p.m. For the govt. - Mary C. Baumgarten, Bruce.
IFor the deft. - Shan.e C. Buczek, pro se. Brian Comerford, stand-by cpunsel.
I (Court Reporter M'lchelle McLaughlin.)(l\1EAL) (Entered: 03/08/20110) I
03/02/2010
1'-0-3-1-03-1-2-0-1o---+--a--8-9-+-1-M-in-u-t-e-E-n-try--o-r held before William M. Skretny, Chief! \

103/04/2010 Q 90 IMinute Entry for p;roceedings held before William M. Skretny, ChieflJudge:
I i Jury Trial as to Shajne C. Buczek held on 3/4/2010. Defendant moveslto
I II dismiss. Court dentes motion. Government Witnesses: Eric J.
Anna Medlock, Mt:ltthew Johnson, Bradley K. Parker, Henry C.
I
i
Government ExhiBits entered into evidence: 11, 19, 20B, 21C, 32, 33" 39A.
i Defendant's Exhibits entered into evidence: A. Government rests as 110 Count
11. Defendant to dismiss pursuant to Rule 29. Court denies molion. Jury
I Trial as to Shane qBuczek to resume on 3/5/2010 at 9:00 a.m. For govt.
! Mary C. Baumgart;en, Anthony Bruce. For the deft. - Shane C. pro se.
IBrian Comerford, ?:tand-by counsel. (Court Reporter Michelle McLaghlin.)
i (MEAL) (Entered:,03/08/2010) I I
Ii-0-3-I-05-1-2-0-10--+-i;)-"-8-3-+-1-P-ro-p-o-se-d-J-ury--In-stmctions by USA as to Shane C. Buczek (Bruce,
!-I________ i
I03/05/2010 "91 IMinute Entry for proceedings held before William M. Skretny, ChieflJudge:
!Jury Trial as to Sha!ne C. Buczek held on 3/5/2010. Problem as to Juror #5
'. I
I addressed. Court discharges Juror # 5 and substitutes Alternate # 1. Pefendant
I gave opening statement. Defense Witnesses: Amanda Buczek, AdamlJohn
1 j
I i
i
I
I
I
!
,
103/04/2010
I Judge:Jury Trial as;to Shane C. Buczek held on 3/3/2010. GovernmeJit moves i
!for exclusion of wij:nesses. Court grants same. Preliminary given to I
Ijury. i:vitnesses: Joseph Kelly, Eric J. r
IGovernment entered mto 1,2,3,4,5,6, 7, 8, 9, 12, 13, I
II 14, 15, 16, 18,20, <_OA, 21, 21A, 21B, 2 .. , 22A, 23, 23B, 24, 24A, 25:," 25A, 26, I
i 27,28,29,30,31, B4, 35, 36, 40, 41. Jury Trial as to Shane C. Buczek to I
Iresume on 3/4/201P at 9:00 a.m. For the govt. - Mary C. Baumgartenl Anthony I
" I
IBruce. For the deft. - Shane.C. Buczek, pro Brian Comerford, sta'td-by
I counsel. (Court Reporter MIchelle McLaughlm.)(MEAL) (Entered: i
I03/08/2010) ; I
(J 84 ISealed Document ,!-S to Shane C. Buczek. (DR) (Entered:
of42 111129/2012 12,56 PM
33 of 87
34 of 87
2F LIVE - U.S. District Court:nywd bttps:1lecf.nywd.circ2.dcnlcgi-binlDktRpt.pl? 117027903 744,336-L_! _0-,1
03/09/2010 ~ 9 8
-
ADMINISTRATIVE NOTICE; In the Nature of Writ of Coram Nobis Non
Judice & A Demand for Dismissal & A Reversal of Judgment for Conviction
for Lack of Juridisdiction by Shane C. Buczek. (DR) (Entered: 03/09/2010)
03/1112010 ~ 100 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED TIIAT
Defendant's 97 Motion to Extend Time to file post-trial motions under Rules
29 and 33 of the Fed. R. Crim. P. is GRANTED. Any motions made under
these rules must be filed by 4/30/2010. SO ORDERED. Issued by William M.
, Skretny, Chief Judge US.D.C. on 3/10/201 O.(MEAL) (Entered: 03/111201 0)
03/11/2010 . ~ 105 I AMENDED MOTION TO PROCEED IN FORMA PAUPERIS by Shane C.
, Buczek. (DR) (Entered: 03112/2010)
03/11/2010
" 106
AFFIDAVIT OF TRU1H AND CORPORATE DENIAL by Shane C. Buczek.
(DR) (Entered: 03/12/2010)
03/12/2010 3107 Sealed Document as to Shane C. Buczek. (DR) (Entered: 0311212010)
03119/2010 a 108 AFFIDAVIT & NOTICE by Shane C. Buczek. (DR) (Entered: 03/22/2010)
03/19/2010 ~ 109 MOTION REQEUST FOR POLLING OF JURY RULE 31 VIOLATION by
Shane C. Buczek. (DR) (Entered: 03/22/2010)
03/24/2010 \l110 ITEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT
Defendant's 109 Request to Poll the Jury is DENIED. The time to make such a
request under Rule 31 (d) is "after a verdict is returned, but before the jury is
discharged." Defendant's motion, which was made 11 days after the jury was
discharged, is untimely. Further, Defendant, who elected to represent himself,
did not request that the jury be polled after it returned its verdicts on either
Count 1 or Count 2. SO ORDERED. Issued by William M. Skretny, Chief
Judge US.D.C. on 3/23/20 1 O.(MEAL) (Entered: 03/24/2010)
03/25/2010 Cj 111 NOTICE OF FELONY CRIMINAL COMPLAINT by Shane C. Buczek
(Attachments: # 1 Continuation, # ~ Continuation, # J Continuation, # 1
Continuation, # l Continuation, # . Continuation, # 1 Continuation)(DR)
(Entered: 03/25/2010)
03/2612010 3112 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT
Defendant's 96 ( 105 Motions to Proceed IFP for purposes of obtaining trial
transcripts are DENIED as moot in light of this Court's authorization of the
proper CJA vouchers for such purpose. SO ORDERED. Issued by William M.
Skretny, Chief Judge US.D.C. on 3124/2010.(MEAL) (Entered: 03126/2010)
03/28/2010
" 113
NOTICE as to Shane C. Buczek. A Status Conference is scheduled for
511 0120 10 at 9:00 AM before William M. Skretny, Chief Judge. (MEAL)
(Entered: 03/28/2010)
04114/2010 \;J 114
I
Shane C. Buczek held on February 18, 2010 before Judge Honorable William
M. Skretny. Court Reporter/Transcriber Patricia A. Galas, Telephone number
716-853-5600. Transcript may be viewed at the court public terminal or
purchased through the Court ReporterlTranscriber before the deadline for
Release of Transcript Restriction. After that date it may be obtained through
11/29/2012 12:56 PM 42
35 of 87
CF LIVE - U.S. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?117027903744336-L_1_0-1
I
IPACER. Redaction Request due 5/5/2010. Redacted Transcript Deadline set
for 5117/201 O. Release of Transcript Restriction set for 7/13/2010. (DR)
(Entered: 04/15/2010)
04/2012010 ~ 120 MOTION for Extension of Time to File a Motion for New Trial andlor
Qcquittal of Judgment by Shane C. Buczek. (DLC) (Entered: 04/2212010)
04/2112010 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
"ill
Shane C. Buczek held on March 8, 2010 before Judge Honorable William M.
Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone
number 716-332-3560. Transcript may be viewed at the court public terminal
or purchased through the Court Reporter/Transcriber before the deadline for
PACER. Redaction Request due 5112/2010. Redacted Transcript Deadline set
for 5124/2010. Release of Transcript Restriction set for 7/20/2010. (DR)
(Entered: 04/22/2010)
04/21/2010 i3 116 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
-
for 5/24/2010. Release of Transcript Restriction set for 7120/2010. (DR)
I
(Entered: 04/22/2010)
04/21/2010 CJ 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
. or purchased through the Court Reporter/Transcriber before the deadline for
PACER. Redaction Request due 5/12/2010. Redacted Transcript Deadline set
for 512412010. Release of Transcript Restriction set for 7/20/2010. (DR)
(Entered: 04/22/2010)
i
04/2112010 13 118 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
Shane C. Buczek held on March 4,2010 before Judge Honorable William M.
ISkretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone
. number 716-332-3560. Transcript may be viewed at the court public terminal
PACER. Redaction Request due 5/12/2010. Redacted Transcript Deadline set
i for 5/24/2010. Release of Transcript Restriction set for 7/20/2010. (DR)
I (Entered: 04/22/2010)
04/211201 0 i \J. 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
'42 11129/2012 12:56 PM
36 of 87
JECF LIVE - U.S. District Cotn1:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?111027903744336- L _,_o
i
I or purchased through the Court ReporterlTranscriber before the for
I Release of Transcript Restriction. After that date it may be obtaine4 through
,PACER. Redaction Request due 5112/2010. Redacted Transcript set
for 5/24/2010. R(j:iease of Transcript Restriction set for 7/20/2010. (]DR)
I
______--;____-+I(_E_n_te_re_d_:O_4_/2_2_/i:?10) !
04/30/2010
'I' \.) 121 I, AFFIDAVIT OF l,f
RUIH
AND CORPORATE DENIAL by Shane 4Buczek.
:-_____---;,...--_-;-1 i
05/03/2010
122 !TEXT ORDER aii to C. IT I:lliREB:r IS the I
I
I I Defendant's 120 Motion for ExtensIon ofTlffie to FIle Post Tnal MqtlOns IS \
I I GRANTED. Defq:ndant's post trial motions are now due 6/29/2010.!
I IFURTHER, the Sj:atus Conference scheduled for 511 0/2010 at 9:00 before i
i William M. Chief is ADJOURNED 7/9/2010 at lq:OO a.m. I I
ISO ORDERED. by WIlham M. Skretny, Chief Judge U.S.D. y.(Entered: I
I 05/03/2010) , i I
N-0-TI-C-E-0-F-FI-L1NG OF OFFICIAL TRANSCRIPT as to I
IShane C. Buczek7held on February 26, 2010 before Judge Honorable William
IM. Skretny. ReporterlTranscriber Michelle 1. McLaughlin, Telephone
! number 716-332-
1
3560. Transcript may be viewed at the court publi9 terminal
I or purchased thro::ugh the Court ReporterlTranscriber before the for
Release of Transdript Restriction. After that date it may be obtaine4 through
PACER. RedacticlD Request due 5/3112010. Redacted Transcript Dadline set
for 6/10/2010. of Transcript Restriction set for 8/9/2010. (DR)
(Entered: 05/1112010) i
" ,
05/12/2010 124 I MOTION to by Shane C. Buczek. (DR) (Entered:
I!" i
05/20/2010 125 I NOTICE OF FlUNG OF OFFICIAL JRANSCRIPT as to
06/03/2010
"
I Scott. Court Christi A. Macri, Telephone num*er
! 585-613-4310. may be viewed at the court public termin$.l or
Ipurchased the Court ReporterlTranscriber before the for
! Release of Transqript Restriction. After that date it may be obtained through
PACER. Redactidm Request due 6/10/2010. Redacted Transcript DJadline set
for 6/2112010. Re)ease of Transcript Restriction set for 8/18/2010. cDR)
(Entered: 05/20/2610) i
f" ; f
! I
126 i CJA 24 as to ShaI;Le C. Buczek: Authorization to Pay Christi Macri for
I Transcript, Vouch;er # 1006020000 19. Signed by Hon. William M1Skretny on I 'I
I
Shane C. Buczek1held on August 14,2009 before Judge Honorable Hugh B.
I
" 15/27/2010. (DLql (Entered: 06/04/2010) 'I
0610312010 'I 127 ICJA 24 as to C. Buczek: Authorization to Pay Jack W. Hunt j
I Associates $126.];0 for Transcript, Voucher # 10052600000 2. by Hon.1 II
, ! William M. SkretllY on 4/20/2010. (DLC) (Entered: 06/04/2010) ,
06/03/2010 128 ICJA 24 as to Sha\le C. Buczek: Authorization to Pay Michelle
I$135.05 for Voucher # 100526000003. Signed by Hon.! William
[ , M. Skretny on 10. (DLC) (Entered: 06104/2010) ,
11129/201') 1?,:",h of42
37 of 87
~ ~ F L ~ - U.S. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRptpl? 117027903744336-L _1_0-1
06115/2010 Ia 129
-
0611812010
06/18/2010
~ 130
I
\1131
MOTION to Adjourn Sentencing Status Conference by USA as to Shane C.
Buczek. (Baumgarten, Mary) (Entered: 06/15/2010)
MOTION FOR Judgment on the Pleadings by Shane C. Buczek. (DR)
(Entered: 06/22/2010)
PETITIONER files Rules 28 & 33 Motion for Relief Due to Constitutional
Violations of the 5th, 6th, 14th Amendments and Due Process Clause by Shane
C. Buczek. (DR) (Entered: 06/22/2010)
06/18/2010 \.). 132 I AFFIDAVIT OF FACT AND COMPREHENSION OF NO CRIMINAL
i INTENT RULE 29 & 33 by Shane C. Buczek (DR) (Entered: 06/22/2010)
,
06/2112010
I
a 133 CJA 24 as to Shane C. Buczek: Authorization to Pay Michelle McLaughlin $
2,390.75 for Transcript, Voucher # 100614000025. Signed by Hon. William M.
Skretny on 51711O.(DR) (Entered: 06/25/2010)
06/22/2010
06/29/2010 ~
I
a NOTICE of MANUAL FILING consisting of Exhibits attached to Affidavit,
Exhibit S (2), Exhibit 0, Exhibit M (2), Exhibit V and CD case containing
1 numerous CDs re 132 (DR) (Entered: 06122/2010)
,
134 I AMENDED PETITIONER files Rule(s) (29 & 33) Post Conviction MOTION
I for Relief Due to Constitutional Violations ofthe 5th, 6th, 14th & Due Process
Clause by Shane C. Buczek. (DR) (Entered: 07/0112010)
0612912010 13136 AFFIDAVIT OF FACT AND COMPREHENSION for Rules 29 & 33 Post
Conviction Relief for Ineffective Assistance of Counsel & Conflict of Interest
No Criminal Intent No Mens Rea Affidavit - A by Shane C. Buczek
(Attachments: # 1 Continuation, # 2. Continuation, # J. Continuation, # 1.
Exhibit A, # ~ Exhibit B, # 2Exhibit C)(DR) (Entered: 07/01/2010)
06/29/2010 \;) 137
I
PETITIONER files Rules(s) (29 & 33) Post Conviction MOTION for Relief
. Due to Constitutional Violations of the 5th, 6th, 14th, Amendments & Due
iProcess Clause and Confrontational Clause of the Sixth Amendment by Shane
i C. Buczek. (DR) (Entered: 07/0112010)
06/29/2010 \J 138 I AFFIDAVIT of Fact and Comprehension for Rule 29 & 33 Post Conviction
Relief for Violations of the Fair Debt Collections Act & Juridictional Error by
Shane C. Buczek (Attachments: # 1 Exhibit A, # ~ Exhibit B, # J. Exhibit C, #
1. Exhibit D) (DR) (Entered: 07/0112010)
06/29/2010 a 139 RULE 29 & 33 MOTION Notice and Demand to Vacate Jury Findings for
Violation of the Fair Debt Collection Act & Jurisdiction Error by Shane C.
Buczek. (DR) (Entered: 07/01/2010)
I
,
,
06/29/2010 13 140 . AFFIDAVIT OF FACT AND COMPREHENSION for Rules 29 & 33 Post
- IConviction Relief for Constitutional Violations to the 5th, 6th, 14th
I Amendments and Due Process Clause & Confrontational Clause by Shane C.
\ Buczek (DR) (Entered: 07/01/2010)
I
06/2912010 3' 14] IMOTION totake Judicial Notice of the Detennination by the DOJ that Title 18
1 (1948) is Unconstitutional and of the Fair Warning Doctrine by Shane C. I
i Buczek. (DR) (Entered: 07/0112010)
f42 11/29/2012 12:56 PM
I
38 of 87
https;llecf.nywd.circ2.dcnlcgi-binlDktRptpl?117027903744336-L_i_0
ECF Ll'IE - u.s. Uisttlct COUlt.nywa
i 06/29/2010
I
\
I
I
I
06/29/2010 1\3 143 IPETITIONER fIleis for Rules(s) 29 & 33 Post Conviction Motion fo* Relief for I
. l
I i 6th Amendment Violation Ineffective Assistance of Counsel Andlor!In the t
I IAlternative Violations of the 5th, 6th, and Due Clause '
I !No Mens ReaINo Intent by Shane C. Buczek. ***Pages 1-12 electrdnically
i IfIled and remainder of document maintained in Clerk's Office due tol size of
I Idocument***. (Dlit) (JMM) (Entered: 07/0112010) I
r--!0-7-/0-l-/2-0-1-0-+-1a-"-1-3-5-+I-TE-XT ORDER asito Shane C. Buczek. IT HEREBY IS ORDERED ihat the
I IGovernment's MoHon to Adjourn Status Conference 129 is GRANTfD. The
I I Status Conference; scheduled for 7/9/2010 at 10:00 AM before Will4un M.
I 1 Skretny, Chief Juqge is ADJOURNED to 7114/2010 at 10:30 AM. IS$ued by
I I r !
I I Chief Judge WilliCi;.ID M. Skretny on 7/11201O.(JCD) (Entered: 07/011;2010)
I I I. :
i 07/0112010
ll/29/2012 12:56 PTv
!07/06/2010 145 MOTION/PETITIION FOR TRAVEL by Shane C. Buczek. (DR) (Erltered:
07/07/2010) . !
1
;,: 07/06/2010 I 146 NOTICE OF HEA;RlNG re: Work Release by Shane C. Buczek.
. ,(Entered: 07/07/2NIO) i
I 07/16/2010 I\.) 149 MOTION to Dism:iss for Lack of Subject Matter Jurisdiction and ! II
! I Affdavit of Truth by Shane C. Buczek. (Attachments: # 1 Exhibit A,i# ! i
I i Exhibit B, # J Exb.,l,bit B continued, #.1 Exhibit B continued)(DR) (Entered: 'II
1 07/19/2010) I
. I I
I 07119/2010 ICJ 150 I TEXT ORDER ! I
i I IDefendant several motions, each of which ts improper I
I
I
i
i
I
i
.
I and lacks ment. , j ,
I' First, citing two diminal statutes 18 U.S.C. 241, 242, Defendant in his I
124 Motion to Dis;miss that these cases should be dismissed. But nei.her statute I
I
i
in this and neither serv.es grounds for dismissal offhis I
I cnmmal prosecuWm. Defendant!s motlOn IS therefore DENIED. :
ISecond, Defendanit fIled a 130 Motion for Judgment on the wherein I
: he argues that this, Court lacks jurisdiction because Title 18 of the UrJited States I,
I Code was never pl!:operly enacted into law. This argument is a nonstarter, I
Ihaving repeatedly ;been rejected by the courts. See United States v.
iNa. 01: 08 CR 48F, 2009 WL 4906564, at *1-*2 (N.D. Ohio Dec. 2009) I
!(collecting cases). Defendant's motion is therefore DENIED. ! ,
I
I
39 of 87
CF LIVE - U.S. District Courtnywd https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl? 117027903744336-L_1_ 0-1
. .
Third, Defendant filed a J41 Motion to Take Judicial Notice, wherein he
,
requests that this Court take judicial notice that Title 18 of the United States
Code is invalid and does not confer jurisdiction on this court. For the reasons
stated above, this motion is DENIED because the constitutionality of Title 18
has repeatedly been upheld. See Jerdine, supra.
I
Fourth, Defendant has filed a 117 Demand for All Discovery Evidence. This
request is denied because Defendant received all of the discovery the
government is obligated to provide during the course of this criminal
proceeding. To the extent Defendant seeks additional information beyond what
he is entitled to in this case, the request is DENIED as outside the scope of this
i prosecution.
Finally, Defendant has filed a 148 Challenge to Subject MatterJurisdiction,
which again challenges the basis of this Court's jurisdiction. As explained
above, the constitutionality of Title 18, Section 3231 has been repeatedly
upheld and serves as a proper basis for jurisdiction. To the extent Defendant's
filing can be interpreted to seek dismissal of this case on jurisdictional grounds,
it is DENIED.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.c. on 7/19/201 O.(MEAL)
I (Entered: 07119/2010) .
07119/2010 ~ 151 TEXT ORDER
Defendant has filed several post-trial motions 131 134137 139 143 all of
which seek relief under Rules 29 and 33 of the Federal Rules of Criminal
Procedure. Because the 131 motion was amended by the 134 motion, the
Clerk of the Court is directed to TERMINATE 131 as a pending motion on the
docket. The government shall file a consolidated response to Defendant's 134
137 139 143 motions by August 9,2010. Defendant may file a reply by August
23,2010. This Court will take the motions under advisement without oral
argument.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 7119/2010(MEAL)
(Entered: 07/19/2010)
0711912010 a 152 Minute Entry for proceedings held before William M. Skretny, Chief Judge:
,
Status Conference as to Shane C. Buczek held on 7/19/2010. Orders resolving
I
outstanding motions to be filed today. AFPD Comerford moves to withdraw as
counsel. Court grants same. Copy of file and original documents produced by
defendant to be returned. Court directs AFPD Comerford to keep an accurate
accounting regarding same. Court denies Defendant's Motion to Travel without
prejudice due to lack of specificity. Defendant to follow directives of
scheduling orders. The Court will not grant any adjournments lacking
extraordinary circumstances. Sentencing is scheduled for 11/5/2010 at 10:00
11129/2012 12:56 PM
40 of 87
CF LIVE - U.S. District Courtnywd https:llecf:nywd.circ2.dcnlcgi-binlDktRpt.pl?117027903744336-L_l_O-1
I 07119/2010
:
IAM before William M. Skretny, Chief Judge. For the govt. - Mary c.!
IBaumgarten, Mauqi O'Donnell. For the deft. - Shane Buczek, pro se,
IComerford. For prqb. - David Ball, Scott Kawski. (Court Reporter Michelle
I (Entered: 0712112010) ,
\) IAttorney update in!case as to Shane C. Buczek. Attorney Brian P.
Iterminated. (DR) 07/27/2010) !

i 07/2312010 ia 153 I TEXT ORDER
> ! I
i
!!
IDefendant has filed' a 149 Motion to Dismiss, which again challenges jthe basis I II
I of this Court's jurisHiction. As this Court has explained, the constituti0nality of :
! I I :
I i Title 18, Section 32J 1 has been repeatedly upheld and serves as a proper basis !
. Ifor jurisdiction. See, United States v, Jerdine, No. 01: 08 CR 481,209 WL I
i4906564, at * 1-*2 fN.D. Ohio Dec. 18,2009) (collecting cases). i
1149 motion for disIj>issal of this case on jurisdictional grounds is DEiD
. I
I ! SO ORDERED. Is:ued by William M. Skretny, Chief Judge U.S.D.C. ion !
I i 7/2312010.(MEAL) (Entered: 07123/2010) i
I
i 07/2612010
I
I
I
I
I07/26/2010 I a 155 i .TEXT ORDER as to Shane C. Buczek. i
I
I IAt a status conferehce on July 19,2010, this Court discussed Defend!nt's
I l request that his starldby counsel be relieved from representation on
I I Defendant's view among other things, counsel was inaccessible and
I Iineffective. Becausje standby counsel represented that Defendant's gations I
. i created an actual of interest, this Court granted counsel's reqlflest to !
I withdraw. (DockeqNo. 152.) Defendant then requested that this COUllt appoint!
I him different standl'>y counsel to assist in his self-representation, one );vho I
I shares his belief system, understands "public policy," and will be avaUable to i
i him whenever need,ed. ' I
IThis Court has fout:id on multiple previous occasions that Defendant .
! competent to standi,trial, competent to represent himself, and has
Iand knowingly waiiled his right to counsel. Nonetheless, this Court aBPointed
\ standby counsel to ;assist Defendant at trial in whatever way he
Iappropriate. Defen(iant, however, does not have a right to standby coimsel of
I his choice. See United States v. Mills, 895 F.2d 897. 904 (2d Cir. 1990)
I(citing United v. Campbell, 874 F.2d 838,848-49 (1st Cir. !'
i Having discharged [lis appointed standby counsel, and the trial having been I
!concluded, this fmds no cause to appoint different standby couhsel for !
Ithe sentencing under the conditions and for the purposes Defeddant has
i articulated. Should lDefendant elect to have counsel appointed to his
I
I"
41 of 87
~ F LIVE - U.S. District ColB't:nywd https://ecf.nywd.circ2.dcnlcgi-binJDktRpt.pl? 117027903744336-L _1_0-1
I
representation, he is free to exercise that right at any time.
I
SO ORDERED.
I
Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/25/20 1 O.(MEAL)
,
(Entered: 07/26/2010)
07/28/2010 I \;t 156
PETITIONER Files MOTION for Reconsideration for Habeas Corpus Relief
Due to Error by District Court as a Matter of Law and Lack of Subject Matter
Jurisdiction Quorum Clause Challenge Federal Registry Omission by Shane C.
07/3012010 a 157 ***Please Disregard-Corrected Transcript filed 8/2110 #158***NOTICE OF
FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane C. Buczek
held on March 25,2010 before Judge Honorable William M. Skretny. Court
ReporterlTranscriber Michelle L. McLaughlin, Telephone number
716-332-3560. Transcript may be viewed at the court public terminal or
purchased through the Court ReporterlTranscriber before the deadline for
for 8/30/2010. Release of Transcript Restriction set for 10/28/2010. (DR)
Modified on 8/212010 (DR). (Entered: 0810212010)
07/30/2010 I4J E-Filing Notification: 157 ***Please Disregard-Corrected Transcript filed
1812/10 #158***NOTICE OF FILING OF OFFICIAL TRANSCRIPT of
Proceedings as to Shane C. Buczek held on March 25,2010 before Judge
IHonorable William M. Skretny. (DR) Modified on 8/2/2010 (DR). (DR)
(Entered: 08/02/2010)
08/02/2010 3158 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
1 Shane C. Buczek held on July 19,2010 before Judge Honorable William M.
I
Skretny. Court ReporterlTranscriber Michelle L. McLaughlin, Telephone
or purchased through the Court ReporterlTranscriber before the deadline for
(Entered: 08/02/2010)
08/05/2010 MOTION to Strike by Shane C. Buczek. (DR) (Entered: 08/06/2010)
I" 159
08/0512010 ~ 160 MANDATORY JUDICIAL NOTICE & MOTION for Relief Due to
Constitutional Violations of 5th, 6th, 14th Amendments & Due Process Clause
for a Lack of Subject Matter Jurisdiction that Title 18, Public law 80-772 is not
in the Federal Registry as Required by law, therefore in Violation of Federal
,
Registry Act & The Administrative Procedure by Shane C. Buczek. (DR)
(Entered: 08/06/2010)
08/06/2010 13161 'MOTION TO TRAVEL by Shane C. Buczek. (DR) (Entered: 08/09/2010)
0811012010 3162 AFFIDAVIT in Opposition by USA as to Shane C. Buczek re ] 61 MOTION to
Travel (Attachments: # 1Exhibit A)(Baumgarten, Mary) (Entered:
11/1'\n/"""""'" .. -
42 of 87
I 08/11/2010
I
1
! 08113/2010
I08/13/2010
1JECF LIVE - U.S. District Court:nywd
1 I0811 0/20 1 0)
: j ,:, !
Ii..J 163 I RESPONSE to Gpvernment's Affidavit on Travel Motion & Reque*s
I I Sanctions for Ex Parte Communications Between Govt. and
I :Department by Sl;lane c. Buczek (DR) (Entered: 0811212010) i
1\2 1661 NOTICE OF MOrTION re: Motion For and Notice of Default Judgn{ent in that
I ! .has jailed to Respond in a timely Manner to Trial
i Motions ill vlOlatl
i
.o.n of Rule 55 and Rule 8(d) FR.Cv.P. by Shane qBuczek.
, I(DR) (Entered: I I
I
I,;J 167 IMOTION For am} Notice of Default Judgment in that Government failed I
I Ito Respond in a Manner to Petitioner's Post Trial Motions in yiolation of i
1 i Rule 55 and FR.Cv.P. by Shane C. Buczek. (DR)
I 108/16/2010) t i
https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?I I 1 0

\ 08/16/2010 !() 164 \ MEMORANDm.tl IN OPPOSITION to the Post-Trial Motions Nos.
j I134, 137, 139] F(...,.led by Defendant Buczek by USA as to Shane C. . II
I
i-____-+-.__+I_(B_a_um_g_art_e_n_,M_'I,ry) (Entered: 08116/2010) i
i 08116/2010 1 \;J 165 i MOTION for of TIme to File ResponselReply to Docket };os. 134,
I I 1 137, 139, 143 by iUSA as to Shane C. Buczek. (Baumgarten, Mary) (Entered:
I
! ! I 08116/2010) , I
108117/2010 I 168 i AFFIDAVIT by Silane C. Buczek. (DR) (Entered: 08/18/2010) .
i -----If---- I;' !
i 08/1912010 169 ITEXT ORDER aJ: to Shane C. Buczek. IT HEREBY IS ORDEREDITHAT the
I IGovernment's 165 Motion for Extension of Time to Respond to De(endant's
I i 134 137 and 139 ])ost-trial motions to 8/16/2010 and the time in whlch to
I respond to 143 Motion to 8/26/2010 is GRANTED. SO!
I ,
\!
ORDERED. by William M. Skretny, Chief Judge US.D.C. 0$
'I' '
I
I ! 8119/2010. (MEAfL) (Entered: 08/19/2010) l---.J
I08/19/2010 I;;,J 170 ITEXT ORDER aJto Shane C. Buczek. IT HEREBY IS ORDEREn\THAT I
!
I IDefendant's 161 to Travel Freely and Petition for Work is !
i DENIED. SO OR!DERED. Issued by William M. Skretny, Chief Judge
. IUS.D.C. on (MEAL) (Entered: 08/19/2010) I
I 08/20/2010 I\;) 171 ITEXT ORDER to Shane C. Buczek. IT HEREBY IS ORDEREDiTHAT the
I I Defendant's in further support of his 134 137 139 143 Motiof!.s is now
i Idue 9/9/2010. Issued by William M. Skretny, ChiefjJudge
I ! US.D.C. on 8/2042010.(MEAL) (Entered: 08120/2010) ! :
i
I
08120/2010 I \J J72 IMEMORANDU1jJ IN OPPOSITION [The Government's Memoran#um of Law I
I Iin Opposition to flhe Post-Trial Motion (Docket No. 143) Filed by /fefendant )
i Buczek] by USA <itS to Shane C. Buczek (Baumgarten, Mary)
I I 08120/2010) i
:-------+'---+!-- : ; I
08123/2010 1.:1 173 i MOTIONIPETITI:ON for Determination of a Question of Jurisdictiop by Shane!
! i C. Buczek. (DR) Il:Entered: 08/24/2010) i!
; i: ; .
08/27/2010 I a 174 I SECOND to Dismiss by Shane C. Buczek. (DR) (Entered:
I : 08/30/2010) . i
I! . _____
42
43 of 87
I
E ~ F L ~ - u.s. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRptpl?117027903744336-L _1_0-1
08/3112010 i3 175 Mandatory Judicial Notice & MOTION for Relief Due To constitutional
Violations of 5th, 6th, 14th Amendments & Due Process Clause for a Lack of
Subject Matter Jurisdiction that Title 18, Public Law 80-772 is not in the
Federal Registry as Required by Law, therefore in Violation of Federal
Registry Act & The Administrative Procedure Act (AMENDED) by Shane C.
08/3112010
113112'
NOTICE AND DEMAND by Shane C. Buczek. (DR) (Entered: 09/0112010)
i;t177 .09/07/2010 NOTICE ofDTC/DTCC all ASSETS are used as collateral and CHART
-
"Cestui Que" Trust Certificate of Live Birth" Public and Private Side Court to
take Judicial Notice and Federal Rules of Evidence 201(f) by Shane C.
1 Buczek. (DR) (Entered: 09108/2010)
i 09/07/2010 3178 NOTICE ofInternal Revenue Service June 27, 1978 Letter on Federal Reserve
Notes are not dollars Court to take Judicial Notice under Federal Rules of
Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 09/08/2010)
..
. ~
0910712010 NOTICE of COMPLAINT Court to take Judicial Notice Under Federal Rules
of Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 09/08/2010)
09/07/2010 3180 Judicial Notice to Dismiss for Constitutional Violations of the 5th, 6th, 14th
AMENDMENTS & DUE PROCESS CLAUSE FRAUD UPON THE COURT
COUNTERFEIT & FORGED SECURITIES VIOLATIONS COURT LACKS
SUBJECT MATTER JURISDICTION FOR NUMBEROUS REASONS
ENUMERATED HEREIN by Shane C. Buczek (Attachments: # 1
Continuation, # 2: Continuation)(DR) (Entered: 09/0812010)
09/0912010 3181 i PETITION TO SETTLE THE DISPUTE WITH FACTS AND LAW AND
-
ORDER FOR THE FEDERAL COMPTROLLER TO SETTLE THE
ALLEGED DEBT by Shane C. Buczek. (DR) (Entered: 09/10/2010)
09/09/2010 3 182 i Petitioner's ANSWER to Govt. NOTICE AND DEMAND TO VACATE JURy
FINDINGS FOR VIOLATION OF THE FAIR DEBT, COLLECTION ACT &
JURISDICTION ERROR & NO MENS REA NOTICE OF DEFAULT
F.R.Cv.P. RULE 8(d) EFFECT of FAILURE TO DENY by Shane C. Buscek.
(DR) (Entered: 09110/2010)
a 183 09/09/2010 THE PETITIONER'S MEMORANDUM OF LAW IN RESPONSE TO THE
! GOVERNMENTS POST TRIAL RESPONSE FOR FAILURE TO CONDUCT
A PROPER FARETTA HEARING by Shane C. Buczek. (DR) (Entered:
0911012010)
3184 THE PETITIONER'S RESPONSE TO THE GOVERNMENTS POST TRIAL
-
RESPONSE FOR 5TH, 6TH, 14TH AMENDMENT AND DUE PROCESS
AND CONFRONTATIONAL CLAUSE VIOLATIONS OF THE SIXTH
AMENDMENT by Shane C. Buczek. (DR) (Entered: 0911012010)
09/09/2010 \) 185 THE PETITIONER'S RESPONSE TO THE GOVERNMENTS RESPONSE
FOR POST TRIAL RELIEF FOR 6TH AMENDMENT VIOLATIONS FOR
INEFFECTIVE ASSISTANCE OF COUNSEL, CONFLICT OF INTEREST
AND OTHER CONSTITUTIONAL VIOLATIONS OF THE 5TH, 6TH, 14TH
! AMENDMENTS AND DUE PROCESS CLAUSE by Shane C. Buczek
f42 11/29/2012 12:56 PM
09/09/2010
44 of 87
;CF LIVE - U.S. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRptpl?117027903744336-L_,_0- J
I j
I(Attachments: # 1 # Exhibits, # Exhibits)(DR)
! attachment(s) added on 9/10/2010: # 1: MamDocument) (DR). (Entered: I
I 109/10/2010) , it
09/09/2010
09/14/2010 i \l! 187 !, JUDICIAL NOTICE Of BOP Letter dated July 27, 2009 SHOWING ho III
I - I quorum was in on May 12, 1947 and Public Law 80-772 was nver
I Iconstitutionally passed by Congress. Court to take Judicial Notice
I I '. I
I Federal Rules of EYldence 201(f) by Shane C. Buczek. (DR) I
I 109115/2010) , i
I
09114/2010 !c.l188 IJUDICIAL NOTIOE of em ails received February 17,2010 Court to *ke
I Judicial Notice Federal Rules of Evidence 201(f) by Shane C. $uczek.
I I(DR) (Entered: 09/}512010) ,
09/14/2010 \) 189 !JUDICIAL NOTIdE OF FINAL DETERMINATION AND IN
I !NIHIL DECIT $383,400,000.00 RECORDED ON UCC "FINA:t4CING
I I STATEMENT AMENDMENT" Court to take Judicial Notice under F:ederal
I I Rules of Evidence iZ01 (f) by Shane C. Buczek. (DR) (Entered: 09/151;2010)
I .' .,. I
09114/2010 I a 190 i NOTICE of TOP SiSCRET BANKER'S MANUAL FOR BANKERS Y i
I !Court to take JudicIlal Notice under: Rules 201 (f)lby Shane I
! C. Buczek (Attachments: # 1 Contmuatton, # Contmuatton).(DR) (1f:ntered: I
I0911512010) ! l
I
r-0-9-11-6-/2-0-1-0-+-1 -1-9-1-+I-JUD--IC-I-AL-N-O-TI-QE OF RBN RADIO SHOW with Dr. Sam Kenned* April 4,
I : 2010 by Shane C. (RBN radio broadcast submitted on disk a4d
i Imanually in file) (DZ) (Entered: 09/17/2010) I
0912112010 : 192 JUDICIAL NOTIqE OF ADMINISTRATIVE NOTICE IN TEH NATiuRE OF II
: WRIT OF C0RA1v![ NOBIS NON JUDICE & A DEMAND FOR DISMISSAL
I I& REVERSAL OF)CONVICTION AND PLEA FOR LACK OF !
JURISDICTION C:purt to take Judicial Notice under Federal Rules
I
j
Evidence 201(f) by;, Shane C. Buczek. (DR) (Entered: 09/23/2010) .
r-0-9-/2-1I-2-0-10--+!-a-19-3-+1-JL-JD-I-C-IAL--N-O-TI-C'E ofFANKLIN D. ROOSEVELT 1933 EXECurIivE
, I ORDER Order ALL PROPERTY HELD IN TRUST Court to take
IJudicial Notice un4er Federal Rules of Evidence 201(f) by Shane C. $uczek.
I(DR) (Entered: 09/;23/2010) j
09/21/2010 I ;;) 194 IJUDICIAL NOTIciE OF MEMORANDUM OF POINTS AND AlTrJORITIES
I, IArrest is presume(to be false; FBI AGENT has the burden of proof ourt to
! I take Judicial Federal Rules of Evidence 201(1) by C.
i i Buczek. (DR) (Entered: 09/23/2010) ,
'------..... i i ! -- 1
09/21/2010 ! 195 JlIDICIAL NOTICE OF IRS AGENT ANNA S. MEDLOCK PAGE E89
I - I
I
March 4th, 2010 c;)urt to take Judicial Notice under Federal Rules of
IEvidence 201(f) bi Shane C. Buczek. (Attachments: # 1 Continuatio,)(DR)
I
I (Entered: 09/2312011 0) I
!'. ,
1112912012 12:56 PM
45 of 87
:CF LIVE - U.S. District Comt:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?117027903744336-L_l_ 0-1
, i
3196 09/2112010 JUDICIAL NOTICE OF CERTIFIED COPY OF Constitution ofthe United
States from National Archives and Records 700 Pennsylvania Avenue, NW
Washington, DC Court to take Judicial Notice under Federal Rules of
IEvidence 201(0 by Shane C. Buczek. (DR) (Entered: 09/23/2010)
09/27/2010 ~ 197 I JUDICIAL NOTICE OF AFFIDAVIT OF SILVER SURETY by Shane C.
09/27/2010 3198 JUDICIAL NOTICE OF LEGAL NOTICE AND DEMAND AFFIDAVIT IN
-
SUPPORT by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010 JUDICIAL NOTICE Of LEITER ROGATORY BENEFICARY CLAIM by
Shane C. Buczek. (DR) (Entered: 09/28/201 0)
[13199
I
09/27/2010 I a200 JUDICIAL NOTICE Of 5 USC Sec. 557(c)(3) Findings of Facts and
conclusions of law required for all decisions Court to take Judicial Notice
under Federal Rules of Evidence 201(0 by Shane C. Buczek. (DR) (Entered:
I 09/28/2010)
09/27/2010 \l201 JUDICIAL NOTICE Of Petition for Writ of Habeas Corpus I :1O-CV
00382-WMS by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010 ~ 2 0 2 JUDICIAL NOTICE OflNDICTMENTS SHALL RUN IN THE NAME OF
-
THE United States by Shane C. Buczek. (DR) (Entered: 09/28/2010)
i 09/27/2010 \l) 203 JUDICIAL NOTICE Of 09-CV-1129 Court to take Judicial Notice under
Federal Rules of Evidence 201(0 by Shane C. Buczek. (DR) (Entered:
I 09/29/2010)
09/28/2010 3204 JUDICIAL NOTICE Of Wakeup Call Documentary about the New World
-
I Order AND THE Banking system Court to take Judicial Notice under Federal
Rules of Evidence 201(0 by Shane C. Buczek. (DR) (Entered: 09/29/2010)
\3 205 09/28/2010 JUDICIAL NOTICE of MODERN MONEY MECHANICS by Shane C.
09/28/2010 ~ 2 0 6 MOTION TO UNSEAL RECORDS OF DOCKET 84,101,102,103 AND
104,107 by Shane C. Buczek. (DR) (Entered: 09/29/2010)
09/28/2010 \3 207 JUDICIAL NOTICE Of Judicial Notice to Dismiss for: Relief Due to
Constitutional Violations ofthe 5th, and 6th Amendments in that Petitioner
Has incurred Double Jeopardy Violations Due to Fraud on the Court and Lack
of Subject Matter Jurisdiction & Conflict of Interest Issues on the Court &
Trading Counterfeit Securities Due Process Clause Errors & XIII Amendment
Peonage Violations by Shane C. Buczek. (DR) (Entered: 09/30/2010)
09/28/2010 a208 JUDICIAL NOTICE Of AFFIDAVIT OF TRUTH AND CORPORATE
DENIAL AFFIDAVIT OF TRUTH by Shane C. Buczek. (DR) (Entered:
09/30/2010)
09/29/2010 ~ 209 I JUDICIAL NOTICE Of Mandatory Judicial Notice & Motion for Relief Due
To Constitutional Violations of 5th, 6th, 14th Amendments & Due Process
Clause for a Lack of Subject Matter Jurisdiction that Title 18, Public Law
80-772 is not in the Federal Registry as Required by Law, therefore in
11129/2012 12:56 PM 42
46 of 87
https:llecf.nywd.circ2.dcn/cgi-binlDktRpt.pl?117027903744336-L _1_ 0
iJECF ,LT\1.E' _ us. n;s:trict Court:nywd
09/29/2010
Violation of FedeJlal Registry Act & The Administrative Procedure Act
, (SECOND AMENDED) by Shane C. Buczek. (DR) (Entered: 10/01/2010)
, ,
NOTI(CE Of FREEDOM Of INFORMATION ACT REqUEST 5
U.S.c. Section OATIl OF OFFICE FEDERAL JUDGES Court to take
Judicial Notice under Federal Rules of Evidence 201(f) by Shane C.:Buczek.
(DR) 1Q/01/2010)
I
09129/2010 JUDICIAL Of FREEDOM OF INFORMATION ACT REQUEST 5
U.S.C. Section OATIl OF OFFICE AUSA Court to take JudiciallNotice
under Federal of Evidence 201(f) by Shane C. Buczek. (DR) (jEntered:
i
10/0112010)
I
10/0112010 Ii3 212 MANDATORY JUDICIAL NOTICE Of DOCKET NUMBERS 177jfO 208
Court to take Judibial Notice under Federal Rules of Evidence 201(4) and (f)
"STATE OF MIND" by Shane C. Buczek. (DR) (Entered: 10/04/2010)

JUDICIAL NOTICE & DEMAND For an EVIDENTIARY HEAR.lNG To Put I
Forth an OFFER As per the Rules ofEvidence, Rule 102!(d)(e) and!
Supreme Court Ccmstitutional Quorum Clause Challenge and Lack df Subject i
Matter Jurisdictioll,l Court to take Judicial Notice under Federal Rules of I
Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 10/04/2010)
10/0112010
10/0112010 JUDICIAL NOTICE of Ron Paul on FOX Business News 09129/10 Court to
take Judicial NotiJ;e under Federal RulesofEvidence 201 (d) and (f)iby Shane
10/0S/2010 \I.J 215 MOTION for and of Default Judgment by Shane C. Buczek. (DZ)
! (Entered: 1010612()1 0) -, '

10/0S/201O ii' 216 MANDATORY Jl.JDICIAL NOTICE re: default judgment by Shane C. Buczek I
(DZ) (Entered: 10106/2010) , !
i
10/05/2010 \ _21_7 JUDICIAL NOTICE TO DISMISS for Constitutional Violations of the Sth, 6th, I
14th AmendmentS and Due Process Clause by Shane C. Buczek (DZ) I
(Entered: 10/06/2010) I
I
10/0S/2010 JUDICIAL NOTI'SE and demand for an evidentiary hearing by Shane C.
Buczek (DZ) on 10/6/2010 (DZ). (Entered:
10/05/2010 AMENDED MAltoATORY JUDICIAL NOTICE for an evidentiary,' hearing i
by Shane C. Buczek (DZ) text modified on 10/6/2010 (DZ). (Entered: l
10/06/2010) , ' I
10/05/2010 MANDATORY ruDICIAL NOTICE and demand for an evidentiaryihearing by!
I"
I
220
Shane C. Buczek (DZ) Text modified on 10/6/2010 (DZ). (Entered: ' I
10/06/2010) !
10108/2010
10/08/2010
I - to Constitutional 'Violations ofthe 5th, and 6th Amendments by Shane C. I
I

47 of 87
IECF L ~ - u.s. District Court:nywd https:/ /ecf.nywd.circ2.dcnlcgi-hinlDktRpt.pl? 117027903744336-L_l_ 0-1
I IBuczek. (DR) (Entered: 10112/2010)
10/0812010 ;;j 2231 MANDATORY JUDICIAL NOTICE of USC TIllE 184001 (a) Limitation on
Idetention; control of prisons Court to take Judicial Notice under Federal Rules
of Evidence 201(d) and(f) by Shane C. Buczek. (DR) (Entered: 10112/2010)
10/08/2010 a 224 MOTION For Adjournment and Extension of time for GOOD CAUSE to
adjourn sentencing date by Shane C. Buczek. (DR) (Entered: 10/12/2010)
10/0812010 GJ225 AFFIDAVIT in Support by Shane C. Buczek re 224 MOTION. (DR) (Entered:
-
1011212010)
10/08/2010 3226 MANDATORY JUDICIAL NOTICE Of "US v Tweel (1977)550 F 2d 297.*(10)
days to answer and (3) days Grace by Shane C. Buczek. (DR) (Entered:
1011212010)
1011212010 \) 227j MANDATORY JUDICIAL NOTICE ofMSNBC.com Staff and News Service
i
. Reports by Shane C. Buczek. (CMD) (Entered: 10/1412010)
i
i
1011212010 i3228 MANDATORY JUDICIAL NOTICE of Responses to: Foreign Agent AUSA
Mr. Anthony Bruce by Shane C. Buczek. (CMD) (Entered: 10/14/2010)
10/12/2010 "229 i MANDATORY JUDICIAL NOTICE OF USC TITLE 28 PART VI CHAPTER
- 1176 SUBCHAPTER A 3002 15(a) United States means a Federal
Corporation by Shane C Buczek.(CMD) (Entered: 10114/2010)
~ 2 3 0 10/12/2010 PETITIONER RESPONSE to Govt. for Rule (29 & 33) Post Conviction
Motion for Relief Due to Constitutional Violations of the 5th, 6th and 14th
IAmendments and Due Process Clause by Shane C. Buczek. (CMD) (Entered:
10114/2010)
i) 231 10112/2010 PETITIONER RESPONSE to Govt. for Rule (29 & 33) Post Conviction
Motion for Relief Due to Constitutional Violations of the 5th, 6th and 14th
. Amendments and Due Process Clause by Shane C. Buczek. (CMD) (Entered:
110114/2010)
10/13/2010 \;) 232 IOBJECTION TO PRESENTENCE INVESTIGATION REPORT by Shane C.
i Buczek (Attachments: # 1 Exhibit A, # 2Exhibit B, # ~ Exhibit C, # ~ Exhibit
I
JD).(C:NID) (Entered: 10114/2010)
~ 2 3 6 1011412010 SECOND AMENDED Petitioner Response to govt. For Rule (29 & 33) Post
Conviction Motion for Relief Due To Constitutional Violations of the 5th, 6th,
14th, Amendments & Due Process Clause and Confrontational Clause of Sixth
Amendment NOTICE OF DEFAULT (AMENDED) by Shane Buczek. (DR)
(Entered: 10/18/2010)
10/1412010 3237 MANDATORY JUDICIAL NOTICE Of Washington State Department of
Licensing Unifonn Commercial Code property list revenue tracking number
1230830 "2009-344-6800-0 RECORDED WITH THE
NationalrepubJicregistry.com 1/2912010 by Shane C. Buczek. (DR) (Entered:
10118/2010)
i
10115/2010 03233 SENTENCING MEMORANDUM by USA as to Shane C. Buczek
(Baumgarten, Mary) (Entered: 10/15/2010)
1
f42 11/29/201212:56 PM
48 of 87
,
IJECF LIVE - U.S. District Court:nywd https:llecf.nywd.circ2.dcn/cgi-hinIDktRpt.pl?117027903744336-LJ _0-1
I,' 110/15/2010 234 STATEMENT RESPECT TO SENTENCING FACTORS by as to !
i Shane C. Buczek QBaumgarten, Mary) (Entered: 1011512010)! :
_______+-___ _________;' ! I
! 10/15/2010 i a 138 i MANDATORY NOTICE Of WISHING NO CONTRACT WITH A I
: !FOREIGN AGENrrS by Shane C. Buczek. (DR) (Entered: I
! 1011812010 I a 135 IRESPONSE in OJposition by USA as to Shane C. Buczek re 124 i
I
IGovernment's Response to Defendant's Motion to Acijourn (0'0000,11, Maura) i
;, I
i
I (Entered: 1 0) ! I
! 1OI1S/2010 \;) ;39 !MANDATORY JlfDICIAL NOTICE of Responses TO: !
FACTORS AND IfffiMORANDUM BY FOREIGN AGENT'S WrI11 NO '
JURISDICTION P!,ND RACKETEERING ACTIVITY'S 18 USC SEq::.1961 by
, Shane C. Buczek. KDR) (Entered: 1012012010) I
!
110/20/2010 241 Petitioner's Answe;r to Govt. on his MOTION For Adjournment and
of time for GOOD;CAUSE to adjourn sentencing date by Shane C.
\ (Attachments: # l;Continuation)(DR) (Entered: 10/22/2010) ,
i
242 Motion and Judicial Notice Rule 201 (d),(e) and (f) CONFLICT of I 10/20/2010
I
I INTERST Fraud otn the Court & Fraud against Petitioner Due
Violations Demaml for immediate Dismissal of all indictments, against
, him by Shane C. Buczek. (DR) (Entered: 10122/2010) .
1012012010 a 243 IAffidavit and Mandatory Judicial Notice rule 201(e) (f) CPNFLICT I
OF INTEREST: Nt.:otion for Dismissal for Fraud and lack of Subject atter I
I
i
Jurisdiction by C. Buczek. (DR) (Entered: 10/22/2010) l I
1012012010 ! \J 144 I MANDATORY nJDICIAL NOTICE of MEMORANDUM ON I
I I' NOTICE TO FORjEIGN AGENT'S by Shane C. Buczek. (DR) (Entered: '
I . 10/22/2010) !
10/2012010 I a 145 \ MANDATORY n.jDICIAL NOTICE of 73rd CONGRESS MARCH
I 16, 1933 LST SESISION VOL. 9 SENATE DOCUMENTS "CONTR..t}CTS 1
! PAYABLE IN GOG-D" by Shane C. Buczek. (DR) (Entered: 10/22/2010) I
I:? l I
1012012010 I 246 IMANDATORY sQbICIAL NOTICE of Public Law SO-772 is invalid by Shane 1
I I C. Buczek. (DR) (Entered: 10/22/2010) I i
i I I I
10/22/2010 : 3140 IMOTION to Revolk:e Notice of Motion and Motion for Bail and
I IAffidavit by USA to Shane C. Buczek. (O'Donnell, Maura) (Entertd: i
110/22/2010) ; I i
10/2212010
a 248 !Motion to or Lack of Subject Matter Jurisdiction by Shane f. Buc7.ek.1 ..
,
II:
i (DR) (Entered: 1 Og25/20 1 0) 1 !
I-------+I---+-:------, ' i)
10/22/2010 I ;;J 249 i to Report by C.
i IBuczek # 1ContmuatIon, # ContmuatIon)(DR) (Ent;ered:
Iii0/25/2010) i I
10/22/2010 13 150 1 NO'DCE OF HEAfRING Constitutional Quorum by Shane C. (DR)
I I(Entered: 10/25/2C
i
lO) I
'1- !
If42 I 1112912012 12:50 PM
49 of 87
I E ~ F LIVE - U.S. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?117027903744336-L_1_0-1
!
10/22/2010 I \) 251 'NOTICE OF MOTION FOR Dismissal for lack of Subject Matter Jurisdiction
! "Quorum Clause" by Shane C. Buczek. (DR) (Entered: 10125/2010)
I
10122/2010 3252 AFFIDAVIT in Support by Shane C. Buczek re 248 MOTION to Dismiss (DR) !
(Entered: 10/25/2010)
10/22/2010 i3 253\ MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Shane C.
Buczek. (DR) (Entered: 10/2512010)
10/22/2010 13254 MANDATORY JUDICIAL NOTICE of SUPPLEMENTAL Reponses TO:
SENTENCING FACTORS AND MEMORANDUM BY FOREIGN AGENT'S
WITH NO JURISDICTION AND RACKETEERING ACTIVITY'S by Shane
10/2512010 ~ 2 4 7 TEXT ORDER
Presently before this Court is the government's 240 Motion to Revoke Bail.
The government's motion is premised on its contention that Defendant violated
the conditions of his release by filing a self-drafted, multi-page document
containing an incomplete, unexecuted "arrest warrant," which purports to
command the arrest of a federal prosecutor under the authority of a
"Constitutional Private Grand Jury." The government contends that this filing
iconstitutes a threat against the prosecutor. It is patently clear, however, that
this document is but one of many that Defendant has filed espousing various
"tax protestor" and "redemption theory" beliefs. The purported "arrest
warrant" holds no legal significance and, in the context ofthis case, cannot
reasonably be construed as a threat against a federal official. The government's
Motion to Revoke Bail is DENIED.
SO ORDERED.
Issued by WilliamM. Skretny, Chief Judge U.S.D.C. on 10/22/2010. (CMD)
I(Entered: 10/25/2010)
10/25/2010 i) 255 I NOTICE OF HEARING Federal Registry Violations by Shane C. Buczek.
(DR) (Entered: 10/26/2010)
10/25/2010 a256 AFFIDAVIT OF PETITIONER to Answer governments motion for bail
-
revocation by Shane C. Buczek (Attachments: # 1 Continuation)(DR)
(Entered: 10/26/2010)
10125/2010 i;j 2571 Petitioner's Answer to Govt. on his MOTION for Adjournment and Extension
.
i
CJ 258 10125/2010
10/26/2010 I ~ 25't
i
of time for GOOD CAUSE to adjourn sentencing date and Stay of Proceedings
by Shane C. Buczek. (DR) (Entered: 10126/2010)
NOTICE OF MOTION AND ANSWER TO GOVERNMENT "AFFIDAVIT
OF PETITIONER" to Answer governments motion for bail revocation and
Petitioner's Motion to Dismiss by Shane C. Buczek. (DR) (Entered:
10/2612010)
NOTICE OF HEARING SIXTH AMENDMENT by Shane C. Buczek. (DR)
(Entered: 10/27/2010)
of 42 1112912012 12:56 PM
50 of 87
WECF LIVE - U.S. District Court:nywd https://ecf.nywd.circ2.dcnlcgi-binlDktRpt.p/?I I 7027903744336-L_.I_ O
I
110/26/2010 260 I
t
Petitioner's Ans,:;cr to Government Sentencing Factors with Rebuttr
!
1&
Counter SentenClitlg Factors ***(Amended)*** by Shane C. BuczeR
1 ,. i
I
! I (Attachments: # +Continuation, # .f Continuation)(DR) (Entered: IP127/2010)
110/29/2010 i "262 ! NOTICE OF Constitutional Quorum by Shane C. (DR)
I
i I(Entered: 11/0112)010) i
:
110/29/2010 263 I MANDATORY JlIDICIAL NOTICE OF AFFIDAVIT or AFFIRMATION of
. I - ITRUTH TO TIIEkLERK OF COURT by Shane C. Buczek. (DR)
111/01/2010) I
I' I
\10/29/2010 j \) 264 ISECOND NOTIGlE OF MOTION for Adjournment and Extension for
i I, Good Cause to Aj:fjourn Sentencing date and Stay of Proceedings Shane C.
I
I I Buczek. (CMD) (,Entered: 11/0112010) . I
\10/29/2010
I
I
: 265 IAMENDED N011CE OF HEARING Federal Registry Violations bt Shane C.
IBuczek. (DR) (EIltered: 11/0112010) .
10/29/2010 \J 266 i SECOND'A:MENpED Petitioner's Answer to MOTION for and
I Extension of for GOOD CAUSE to adjourn sentencing date an,o Stay of
. Proceedings by S!lane C. Buczek. (DR) (Entered: 11/0112010) I
I 10/29/2010
!
() 267 ! NOTICE OF Counterfeit Securities Fraud by Shane C,
, !(DR) (Entered: 1 UO112010) i
11110112010 ! i;) 261 I TEXT ORDER I
: Defendant seeks.!,l 90-day of his
5,2010, sentenctil:tg date. He mamtams that he has "new eVIdence" {Uld that an
adjournment is to allow for evidentiary hearings on the g+vernment's
standing to bring f::.riminal charges against him and the propriety of tjhis Court's
jurisdiction. Defc,:tldant will apparently seek to prove his Quorum Clause and
redemption theor!les through evidence and witness testimony.
wishes to prove tllat an entity other than the government - the "holqer-in-due
course" of instruments - is the party with proper standing. Tjhis and
I other courts havejrepeatedly rejected this brand of theories. !
. I
I
Defendant's 2241)vlotion for Adjournment is denied. Defendant doeS not allege
any new ... , going to the substance of his convictions or that fOuld
I possibly merit a trial. Defendant has raised his Quorum Clause land
'I: redemption theori.ies throughout this case and they have been rejectd at every
turn. Sentencing go forward November 5, 2010, at 10:00 a.m. I
I
ISO ORDERED. ,
IIssued by Willianll M. Skretny, Chief Judge US.D.C. on 11/1/2010. !
I - ,
I
________-,____-+' I____________ (:MEAL) (Enterelii: 1110112010) __________________________________ _______ l
i I l ;
11/0112010 : () 268 IAffidavit and Moltion for and Notice of Default Judgment in that GQvernment
I
: has failed to Resp,ond in a timely Manner to Petitioner's Post Trial alnd Void
Plea Mandatory judicial Notice Motions in violation of rule 55 and Rule
8(d)FR.Cv.P. Efect offailer to Denied by Shane C. Buczek. (DR) (Entered:
I
. I' .
of42 11/29/2012 12:56 PI
51 of 87
--
ECF LIVE - U.S. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?117027903744336-L_1_0-1
. .
I \11/02/2010)
I
1110112010 MANDATORY JUDICIAL NOTICE Of AFFIDAVIT or AFFIRMATION of
TRUIR TO THE CLERK OF COURT by Shane C. Buczek. (DR) (Entered:
11102/2010) I
11/0112010 0270 MANDATORY JUDICIAL NOTICE Of CERTIFICATE OF
DISHONOR/BREACH AND NON-RESPONSE, NO CONTRACT WITH
" PROBATION REPORT BY FOREIGN AGENT'S by Shane C. Buczek. (DR)
I(Entered: 11/02/2010)
11/02/2010
"
MOTION FOR RECONSIDERATION AND AFFIDAVIT TO REBUT
JUDICIAL ORDER DENYING ADJOllRMENT FOR SENTENCING AND
TIME FOR EVIDENTIARY HEARINGS for GOOD CAUSE & DEMAND for
PROOF and ANSWER WITHIN THREE DAYS by Shane C. Buczek. (DR)
(Entered: 11/0312010)
1/.)272 1110212010 MOTION and NOTICE OF MOTION For Dismiss for Prosecutorial
misconduct And NOTICE And DEMAND to Answer and prove they have
i Subject Matter Jurisdiction in all three cases ANSWER WITHIN THREE
IDAYS by Shane C. Buczek. (DR) (Entered: 11/03/2010)
11/02/2010 a 273 i MOTION AND AFFIDAVIT Prosecutorial misconduct And NOTICE and
IDEMAND to Answer and prove they have Subject Matter Jurisdiction in all
three cases ANSWER WITHIN THREE DAYS by Shane C. Buczek. (DR)
(Entered: 11/03/2010)
1110212010 MOTION and NOTICE OF MOTION For Reconsideration and Affidavit to
Rebut Judicial Order denying adjournment for sentencing Adn time for
Evidentiary Hearing For GOOD CAUSE And DEMAND for PROOF by Shane

1110312010 a275 TEXT ORDER as to Shane C. Buczek.
IT HEREBY IS ORDERED, that Defendant's 264 Second Motion to Adjourn
Sentencing is DENIED. FURTHER, that Defendant's 271 274 Motions for
Reconsideration ofthis Court's denial of his fITst Motion to Adjourn sentencing
are DENIED, there being no good cause to reconsider the prior decision.
Sentencing will go forward November 5, 2010, at 10:00 a.m.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/3/2010.
(MEAL) (Entered: 11/03/2010)
11/0312010 ORDER as to Shane C. Buczek DENYING Defendant's J56 J59160 .U2176
".

218 215 248 25] 253 242 268 Motions as specified. Signed by William M.
Skretny, Chief Judge U.S.D.C. on 11/31201O.(MEAL) (Entered: 11103/2010)
t2 1112912012 12:56 PM
52 of 87
ilECF LIVE - U.S. District Cotnt:nywd https:llecfnywd.circ2.dcnlcgi-binlDktRpt.pl? 117027903744336-L _1_0-'
I
11104/2010
I
I
I
I
I
TEXT ORDER
Defendant has mqved for dismissal of the three indictments against ljtim based
on alleged proseclfttorial misconduct. Defendant has already been cohvicted on
all three indictmer,tts and awaits sentencing. In sum, the basis of
motion is that the prosecutors proceeded with the criminal cases in the absence
of proper sUbject-inatter jurisdiction. Defendant again relies on his Quorum
Clause arguments! which hold no merit and have been repeatedly rejected in
this and other crin:linal cases. Defendant's '1,72 273 motions are
I
I I DENIED.
f
ISO ORDERED.
I
IIssued by Skretny, Chief Judge U.S.D.C. on 11/4/20] O. GCMD)
!
I I (Entered: 11104/2()10)
I j )
11104/2010 I..;) 278 I ORDER as to C. Buczek DENYING Defendant's 206 Motion!to Unseal
I IRecords: DENYllNG Defendant's 167 Motion for Default Judgment
!DENYING Defenliant's 134 137 139 H;?' Motions for a Judgment Acquittal
!or New Trial. Sign)ed by William M. Skretny, Chief Judge U.S.D.C. op
! i 11/4/2010. (CMDjI(Entered: 11104/2010) !
-279 IMinute Entry for held before William M. Skretny, Chiet Judge: i
I 1 held 1115/2010 for Shane Buczek on 1 and 2 4f I
I i IndIctment Presentence report to be sealed - will be made a,,vallable to I
' counsel for appeal purposes only. The probation department's recomlmendation
I
I section which is of said presentence report will be kept under i
seal and will not tJle accessible to counsel. The Court resolves all I
objections to report and deposes of all collateral issues. [Total I
I
Offense Level: 17\: Criminal History Category II. The Defendant is sfntenced I
to the custody of the BOP for a term of 27 months on Count 1 to IU11
concurrent to Cou'nt I of09-CR-141 and Count 3 of08-CR-54 and 6months
\ 'I
on Count 2 to to Count 1 and Count 1 of 08-CR-54$ and
Count 1 of 09-CRiq 41 S. Upon release from imprisonment the is
placed on release for a term of 5 years on Count 1 and 3 years on
Count 2 to run coftcurrent to each other and to run concurrent to the term of
, I
supervised reJeasclimposed in 08-CR-54 and 09-CR-141. While on S,upervised
release the defend;ant shall abide by the following conditions: The
shall abide by the conditions of supervised release as promljtlgated in
the WDNY. The defendant shall not commit any crimes, federal, state or local.
The defendant be prohibited from possessing a fIrearm or otherl dangerous
device. Mandatory drug testing imposed. The defendant shall to a
. I
search of his persd1u, property, vehicle, place of residence or any oth;er
property under his, control and permit confiscation of any evidence or
contraband Pursuant to 18 U.S.C. 3663A, it is ordered!that the
defendant make n';stitution to HSBC in the amount of $8,882.39.
,,' I
restitution is due Unmediately. Interest on the restitution is waived. \fhile
incarcerated, defendant is non-unicor or unicor grade 5, the
shall pay of $25.00 per quarter. If assigned grades 1 thrQugh 4 in I
unicor, the defendiant shall pay installments of 50% of the inmates nionthly j
I
Q '---------'-----'--------. . I "M">'"'" _ H _.
53 of 87
::CF LIVE - U.S. District Court:nywd https:/lecf.nywd.circ2.dcnlcgi-binlDktRpt.pl? 117027903744336-L ~ 1_0-1
. "
pay. While on supervised release, the defendant shall make monthly payments
at the rate of 1 0% ~ f his inonthly gross income. No fmes, fees or costs
imposed. The defendant shall pay a SPA in the amount of $100.00. The Court
imposes sentence as stated. Court directs preparation ofjudgment of
conviction. Defendant's request for voluntary surrendar denied. Defendant
remanded. For the govt. - Mary C. Baumgarten, Maura O'Donnell. For the deft.
- Shane Buczek, pro se. For prob. - Kathleen Horvatits. (Court Reporter
Michelle McLaughlin.)(MEAL) (Entered: 11105/2010)
1110912010 3280 JUDGMENT as to Shane C. Buczek (1), Count(s) 1, 2.Additional certified
copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial
I
Department.. Signed by Hon. William M. Skretny on 1119/10.(DR) (Entered:
I
i 11109/2010)
1111012010 i3 281 IPRESENTENCE INVESTIGATION REPORT (Sealed) as to Shane C. Buczek.
I (DR)(Entered: 11110/2010)
11110/2010 , ~ 2 8 2 Sealed Document as to Shane C. Buczek. (DR) (Entered: 11 I 10/2010)
1
11119/2010 13 283 . NOTICE OF APPEAL by Shane C. Buczek re 280 Judgment. Fee Status: Fee
I Not Paid. (DR) (Entered: 11/19/2010)
11119/2010 \3 284 i MOTION to Proceed In Forma Pauperis by Shane C. Buczek. (DR) (Entered:
i 1111912010)
\;J 285 11/29/2010 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED TIIAT,
Defendant's 284 Motion to Proceed in Forma is GRANTED. SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 11126/2010. (CMD)
(Entered: 11129/2010)
3286 CLERKS CERTIFICATE as to Shane C. Buczek filed and electronically sent
112/08/2010
-
to Court of Appeals. (DR) (Entered: 12/08/2010) !
12/27/2010 Q 287 i NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
Shane C. Buczek held on November 19,2009 before Judge Honorable William
M. Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone
number 716-332-3560. Transcript may be viewed at the court public terminal I
IPACER. Redaction Request due 1114/2011. Redacted Transcript Deadline set
for 1124/2011. Release of Transcript Restriction set for 3/24/2011. (DR)
(Entered: 12/28/2010)
12/27/2010 a288 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
-
Shane C. Buczek held on November 5, 2010 before Judge Honorable William
M. Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone
I
Release of Transcript Restriction: After that date it may be obtained through
for 112412011. Release of Transcript Restriction set for 3/24/2011. (DR)
(Entered: 12/28/20 10)
11/29/201212:56 PM 42
54 of 87
v11ECF LIVE - u.s. District Comt:nywd https:llecfn)'\vd.circ2.dcnfcgi-binlDktRpt.pl?I 17027903744336-L _l_O
I
NOTICE OF FILlrNG OF OFFICIAL TRANSCRIPT of Proceedings as to
Shane C. Buczeklheld on January 14,2010 before Judge William
12/27/2010 II;;) 289
M. Skretny. Couit ReporterlTranscriber Michelle L. McLaughlin, '(elephone
number Transcript may be viewed at the court terminal
. or purchased thrdugh the Court ReporterlTranscriber before the for
IRelease of Transc.ript Restriction. After that date it may be obtained through
PACER. Request due 1114/2011. Redacted Transcript set
I
I for 1124/2011. of Transcript Restriction set for 3/24/2011. (JDR)
I I(Entered: 12/28/2010) I
12/27/2010 I 290 INOTICE OF FldNG OF OFFICIAL TRANSCRIPT as to I
I IShane C. on September 30, 2009 before Judge Honoraple William I
1M. Skretny. Couril ReporterlTranscriber Michelle L. McLaughlin, telephone I
Inumber 716-332-13560. Transcript may be viewed at the court pUblif terminal
Ior purchased thro)ugh the Court ReporterlTranscriber before the de4dline for .
IRelease of Transqript Restriction. After that date it may be obtained through !
PACER. Request due 1114/2011. Redacted Transcript set
I
for 1124/2011. Re,Iease of Transcript Restriction set for 3/24/2011. (\DR)
I I(Entered: 12/2812tOIO) i
1212712010 13 291 ICRIMINAL TRANSCRIPT INFORMATION - FORM B Shane
i . IC. Buczek. (DR) 01103/2011) I
01131/2011 i \.j 292 IVOID MOTION re 280 Judgment by Shane C. Buczet (DR)
I': :
I I(Entered: 02/04/2,9 11 ) !
02/28/2011 I\l! 293 I CLERKS CERTIi:;'ICATE as to Shane C. Buczek filed and sent
I I to Court of Appeals. (DR) (Entered: 02/28/2011) I
03/04/2011 \-3 2941 MOTION for to Rule 60(b) of the Federal Rules ofIICivil
I IProcedure by C. Buczek. (DR) (Entered: 03/04/2011) I
03/07/2011 "295 iDECISION as to Shane C. Buczek DENYING DefeJdant's 292
- IMOTION to Judgment. FUR1HER, any appeal from this deCision and I
I Order would not t.)e taken in good faith and therefore the Court dentes leave to I
I appeal as a poor R'erson from this Decision and Order. Signed by Wiiam M. !
I ISkretny, Chief Ju{ige U.S.D.C. on 3/4/2011. (CMD) (Entered: 03/0'1/2011) l
03/09/2011 i \l 2961 TEXT ORDER. HEREBY IS ORDERED THAT, Defendant's Motion
I ! for to Rule 60(b) of the. Federal of Civil is
! , DENIED. FITst, Rule 60 of the Federal Rules ofClVil Procedure aplPlies ill
I Icivil, not Second, Defendant is not entitled to credit his
Isentence for his H,.me spent in non-jail confmement as a condition pretrial
l
, Irelease that contu;lued through sentencing. See, Reno v. Koray, 5151US. 50, I
156-60 (1995); v. Keller, 134 F.3d 721, 722-23 (2nd Cir.j1998). SO !
I ORDERED. Issu4d by William M. Skretny, Chief Judge U.S.D.C. 0* 3/9/2011. i
I(CMD) (Entered:
i
)03/09/2011) I i
, < ' I
03110/2011 3 iAppeal Record as to Shane C. Buczek re 293 Clerk's Certtficate. I
I(DR) (Entered: 03/15/2011) I I

of42 11/29/2012 12:51'i
55 of 87
ECF - U.S. District Court:nywd https:llecfnywd.circ2.dcnlcgi-binlDktRpt.pl? 117027903744336-L _1_0-1
.[42
03118/2011
-
NOTICE OF APPEAL by Shane C. Buczek re 296 Order, Terminate Motions.
1 ,
Fee Status: IFP granted. (DR) (Entered: 03/2112011)
03/21/2011 C} 298 NOTICE OF APPEAL by Shane C. Buczek re 295 Order, Terminate Motions.
Fee Status: IFP granted.(DR) (Entered: 03/28/2011)
0411312011 3299
-
MOTION to Appoint Counsel by Shane C. Buczek. (DR) (Entered:
04114/2011)
04/20/2011 iJ! 300 TEXT ORDER as to Shane C. Buczek. Defendant's 299 Motion for
Appointment of Counsel is DENIED. Defendant's Appeal is pending in the
Second Circuit and Mr. Tomao has purportedly already been assigned by that
Court. Any issues regarding the scope ofMr. Tomao's representation should be
brought to that Court. SO ORDERED. Issued by William M. Skretny, Chief
Judge U.S.D.C. on 4119/2011. (CMD) (Entered: 04/20/2011)
04/26/2011 3301
-
Shane C. Buczek held on March 1,2010 before Judge Honorable William M.
Skretny. Court ReporterlTranscriber Michelle L. McLaughlin, Telephone
or purchased through the Court ReporterlTranscriber before the deadline for
(Entered: 04/27/2011)
05/02/2011 NOTICE OF APPEAL by Shane C. Buczek re 300 Order, Terminate Motions.
Fee Status: Fee Due - IFP denied. (DR) (Entered: 05/04/2011)
05/06/2011 3303
-
MOTION FOR BAIL PENDING APPEAL and MEMORANDUM OF LAW
IN SUPPORT OF RELEASE by Shane C. Buczek. (Attachments: # 1 Exhibit
A, # Exhibit B, # J Exhibit C, # .1 Exhibit D, # 2 Exhibit E, # QExhibit F, # 1
Exhibit G, # Exhibit H, # .2 Exhibit I, # lQ Exhibit J, # 11 Exhibit K, # 12
Exhibit L, # U Exhibit M, # 14 Exhibit N, # 15 Exhibit GX 1, # 16 Exhibit GX
4)(DR) (Entered: 05/06/2011)
05/24/2011 \3 304 DECISION AND ORDER as to Shane C. Buczek DENYING Defendant's 303
Motion for Release Pending Appeal. Signed by William M. Skretny, Chief
Judge U.S.D.C. on 5/23/2011. (CMD) (Entered: 05/24/2011)
05/25/2011 Cl305
-
EMERGENCY MOTION and Demand for Discovery and Inspection of (9)
Documents sent to the IRS by Shane C. Buczek. (DR) (Entered: 05/26/2011)
05/3112011 306 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT,
Defendant's 305 Emergency Motion and Demand for Discovery, which seeks
discovery relating to Defendant's appeal before the Second Circuit, is DENIED
for lack ofjurisdiction. See Griggs v. Provident Consumer Discount Co., 459
U.S. 56, 58 (1982) ("[t]he filing of a notice of appeal is an event of
jurisdictional significance - it confers jurisdiction on the Court of Appeals and
divests the District Court of its control over those aspects of the case involved
in the appeal"). SO ORDERED. Issued by William M. Skretny, Chief Judge
U.S.D.C. on 5/29/2011. (CMD) (Entered: 05/3112011)
11/29/2012 12:56 PM
56 of 87
i
IECF LIVE - U.S. District Court:n}Wd https:llecf.n}Wd.circ2.dcnJcgi-binJDktRpt.pl?117027903744336-L_I_0-1
NOTICE OF APPEAL by Shane C. Buczek re 301 Order. Fee Status:IFee Due
- IFP denied. (DR) ]CEntered: 06/0112011)
06/0112011
I
07/2112011
I
I 308
I
I
MANDATE (certified copy) as to Shane C. Buczek re 297 -Hrotice of
I
Appeal dismissing tihose appeals because they lack an arguable basis ijn law or
fact. Additionally, i;t is ordered that the appeal docketed under is
dismissed because nt presents no meritorious issues for our consideration.
Appellant's motions;to recuse the AUSAs assigned to his appeals are
Appellant's for bail pending appeal are denied. Finally, it is otdered
that the Governmei;lt's motion to consolidate is denied but the remainmg
appeals docketed upder 10-4799 (09cr121). 10-4753 (08cr54), and
(09cr141) will be in tandem. (DR) Modified on 7/21/2011 to
additional informati,on (DR). (Entered: 07/21/2011) I
!09/13/2011 I \) 309 MANDATE of USctJA (certified copy) as to Shane C. Buczek re 302 ijotice of
! I Appeal granting motion by Peter Tomao to withdraw this appeal with!
i I prejudice. 09/13/2011) '[
----------+,-----+--------------'\ !
109/16/2011 I _31_0 AMENDED JlJDGMENT as to Shane C. Buczek (1), Count(s) 1,2. A.dditionall
I certified copies fOf):varded to USPO, USM, US Attorney, Debt I
I Financial Signed by Hon. William M. Skretny on 9/1411 i
i, , ,
f-------I -J-(_E_n_te_re_d_:_0_9_1l_6_/2 1 !-:__ __ I
109/29/2011 \) _31_1 MANDATE ofUSC;:A (certified copy) as to Shane C. Buczek granting the ! I[
, Government's moti<)n to dismiss and dismissing the appeal re of
I Appeal because motions panels of this Court have already
1['
!. and rejected all theRarguments Appellant pressed in the district court support II
of his motion for pending appeal, the denial of which is the sUbjet of the '
appeal. To the exteht the government seeks the dismissal of dockets nos.
11-2322 (09cr141 4208) and 11-2387 (08cr54 #342), the motion is as
moot in light August 1,2011 order. Appellant's motion to amend
this Court's June 2,l20 11 order is denied as moot in light of this Courtls August
4, 2011 order granting such motion. The above appeals are consolidatbd for
purposes of this (DR) (Entered: 09/29/2011) ,
: i
I 10/17/2011 Appeal Record as to Shane C. Buczek: 293 Clerk's
09cr121. (DR) (EnF,_er_e_d:_l_0_1l_7_/2_0_11_)_________-+-__--li
I
112/22/2011 I \J 312 MOTION/REQUEkr for Judicial Notice by Shane C. Buczek. (DR) (tntered: I
I
i 12/27/2011) , I
('l 313 TEXT ORDER. Y IS ORDERED that Defendant's 312 for I
Judicial Notice und:er Federal Rule of Evidence 201 (d) is DENIED. Ipefendant I
has appealed to the! Second Circuit. This Court therefore lacks See j
I01/09/2012
t
Griggs v. Discount Co., 459 U.S. 56, 58 (1982). SO I
j
ORDERED. Issued! by William M. Skretny, Chief Judge U.S.D.C. on I
(CMD)(Entered: 0
1
1/09/2012) I !
'-0-1-1l-3-12-0-1-2--r--
a
-
3
-
1
-
4
-'-T-AKE--JlID--I-C-IAI--INOTICE & ADMINISTRATIVE NOTICE: In the of II
\\'fit of error coram;nobis & a demand for dismissal for failure to statd the
proper jurisdiction fmd venue by Shane C. Buczek. (DR) (Entered: j I
01/23/2012)
I
>f42 111/29/2012 12:56 PM
57 of 87
ES:F L ~ . - U.S. District Court:nywd https://ecf.nywd.circ2.dcnlcgi-binlDktRpt.pl?117027903744336-L_1_0-1
01/3112012 i3 315 TEXT ORDER
IT HEREBY IS ORDERED that Defendant's 314 Request for Judicial Notice
& Administrative Notice is denied. Defendant has appealed to the Second
Circuit. This Court therefore lacks jurisdiction. Griggs v. Provident
Consumer Discount Co., 459 U.S. 56, 58 (1982).
SO ORDERED.
Issued by Hon. William M. Skretny on 1/30/2012.
(MEAL) (Entered: 01/3112012)
04/02/2012 3 316 I MOTION for Return of Seized Property Pursuant to Rule 41(g) by Shane C.
I Buczek. (DR) (Entered: 04/0312012)
04/04/2012 a 317 i SCHEDULING NOTICE as to Shane C. Buczek on 316 Motion for Return of
Seized Property Pursuant to Rule 41(g). Response due by 4/1912012. Reply
due by 4/30/2012. Oral Argument will be scheduled by the Court as necessary.
(MEAL) (Entered: 04/04/2012)
0411112012 ~ 318 FORMAL NOTICE to file into 09-cr-121 WDNY Rehearing EnBanc by Shane
C. Buczek (DR) (Entered: 04/16/2012)
0411112012 ~ 319 . CONTINUATION OF EXHIBITS by Shane C. Buczek to 318 Formal Notice
i by Shane C. Buczek.(DR) (Entered: 04/16/2012) I
!
0411912012 i3 I AFFIDAVIT in Opposition by USA as to Shane C. Buczek re 316 MOTION
, (Baumgarten, Mary) (Entered: 0411912012) I
04119/2012 '1321 1 * * * STRICKEN FROM THE RECORD pursuant to Text Order document
, #324* ** #AFFIDAVIT in Opposition by USA as to Shane C. Buczek re 316
MOTION [refiled item #320 to include Exhibit 1] (Attachments: # 1 Exhibit
1)(Baumgarten, Mary) Modified on 4125/2012 (DR). (Entered: 04119/2012)
0411912012 ~ 3 2 2 MEMORANDUM IN OPPOSITION to Defendant Buczek's Motion Pursuant
to Fed. R. Crim. P. 41(g) by USA as to Shane C. Buczek (Baumgarten, Mary)
(Entered: 04119/2012)
I
I"
AFFIDAVIT in Opposition by USA as to Shane C. Buczek re 316 MOTION 04/20/2012
(Attachments: # 1 Exhibit 2)(Baumgarten, Mary) (Ehtered: 04/20/2012)
04/2512012 i3 324 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT, the
Clerk of Court is DIRECTED to STRIKE the Affidavit and exhibits filed at
docket number 321 because it contains information that should be redacted.
The Government shall re-file the Affidavit and redacted copies of the exhibits
to eliminate the personal, identifying information within five (5) days of the
I entry date ofthis Order. SO ORDERED. Issued by William M. Skretny, Chief
Judge U.S.D.C. on 4/23/2012. (CMD) (Entered: 04/25/2012)
04125/2012 , AFFIDAVIT in Opposition by USA as to Shane C. Buczek re 316 MOTION
I [refiled item #321 as directed by Text Order #324] (Attachments: # 1 Exhibit
"
! 1)(Baumgarten, Mary) (Entered: 04/25/2012)
i
f42 11129/2012 12:56 PM
58 of 87
https:llecfnywd.circ2.dcnlcgi-binlDktRpt.pl?1 n027903744336-L_1_0 1/ECF LIVE - U.S. District Court:nywd
04/30/2012
05/21/2012
05/2412012
106/04/2012 I 329 INOTICE OF by Shane Buczek re: 328 Text Order. Fee Fee
I iNot Due - IFP gra:nted. (DR) (Entered: 06/07/2012) ! I
106/07/2012 I 330 NOTICE OF MoirION and MOTION to Renew Bail Application Shane C.
I Buczek. (Attachrrlents: # 1 Exhibit A, # Exhibit B, # J Exhibit C)(PR) I
____+--_-+,_(E_n_te_re_d,.....:.0_6_11_4_12;312) 1 I
I06/07/2012 (.) 331 i MOTION to Judicial Notice of Declaration of Peter 1. Satisfied I
I I IBurden of Bail by,. Shane C. Buczek. (Attachments: # 1 !
I I(Entered: 06114/21J12) i
j I' ,
) 06/07/2012 !a 332 I to Judicial Notice 201 (b)(c)(d) and (F) ofSixtp
I
I Amendment Viola,tion and Bail Renew by Shane C. Buczek. (DR) (If"ntered:
i
'I'
!
! 06/14/2012) ,,' i
I 1 f !
!
i
06/0712012 ' C) 333 !MOTION to take:)udicia1 Notice on Bail Release FREV 201 (d) by $hane C.
II IBuczek. (DR) (Eqtered: 06/14/2012) !
'42
11129/2012 12:56 PI\
59 of 87
ECF LIVE - U.S. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRpt.pl? 117027903744336-L_I_ 0- I
. .
I06122/2012 I"334 ! nIDICIAL NOTICE of Sixth Amendment Violation Federal Rules of Evidence
,
,
0612712012 13335
I
201(C)(2) and(d) forbail by Shane C. Buczek (DR) (Entered: 06/25/2012)
'
TEXT ORDER
Before this Court are Defendant Buczek's various requests for relief 330 331
332333334. Defendant has appealed his conviction and sentence to the
! United States Court of Appeals for the Second Circuit. Accordingly, as this
Court has repeatedly held, even if Defendant Buczek's requests were
meritorious, which they are not, this Court lacks jurisdiction to grant them. See
Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (per
curiam); Toliverv. County of Sullivan, 957 F.2d 47,49 (2d Cir. 1992).
Continuing a long line of misguided motions, Defendant Buczek now seeks
"bail" based on new evidence 330 and "judicial notice" of various court
holdings and articles that he believes support his arguments 331 332333 334 .
As found in another of Defendant Buczek's cases, "these are nothing but
attempts to reargue claims decided adversely to Buczek by this Court and by
other judges in this Court [and by the Second Circuit] in his multitudinous prior
filings in this and other cases." Buczek v. Constructive Statutory Trust, 2012
WL 1950245 (W.D.N.Y. May 20, 2012) (Telesca, 1.).
Although this Court is fully aware that Defendant Buczek is proceeding pro se,
his persistent filings are becoming abusive and he is warned that continuation
of these filings may result in this Court imposing a screening mechanism or
prohibition on filing.
Defendant Buczek's 330 331 334333 334 motions are DENIED.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/26/2012. (CMD)
I (Entered: 0612712012)
07/02/2012 337 MOTIONIREQUEST to take Judicial Notice FRev 201 (C)(2) and (d) of Cohen
V. United States rule 10 Writ of Certiorari for bail release pursuant to 18
U.S.C. 3143(b)(1) by Shane C. Buczek. (DR) (Entered: 07/06/2012)
07/05/2012 a 338 MANDATE of USCA (certified copy) as to Shane C. Buczek re 283 Notice of
Appeal affirming the district court's judgment. (DR) (Entered: 07/13/2012)
07/23/2012 ORDER as to Shane C. Buczek re USCA Mandate making the Mandate of II
the U.S. Court of Appeals the Judgment of this Court. Signed by Hon. William
, M. Skretny on 7/22112.(DR) (Entered: 07/24/2012)
07/2612012 \;) 340 I TEXT ORDER
I
IFor the reasons stated in this Court's 335 Text Order, Defendant's 337 Motion
I to Take Judicial Notice is DENIED.
ISO ORDERED.
__________________________________ ______________________
of 42 11/29/201212:56 PM
I
60 of 87
ECF LIVE - U.S. District Court:nywd https:llecf.nywd.circ2.dcnlcgi-binlDktRptpI?117027903744336-L 1 0-1
. -
1
Issued by William:M. Skretny, Chief Judge U.S.D.C. on 7/25/2012.
(Entered: !
I
,
11lI29/2012 12:56 PM
61 of 87
62 of 87
Case 1:09-cr-00096-WMS-JJM Document 634 Filed 12/02/11 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
09-CR-96-S
-v-
ALEX KOSCHTSCHUK, ET AL.,
Defendants.
ORDER OF DISMISSAL
In view of, among other things,recent developments impacting
the reliability of certain evidence underlying the pending
Indictment in the above-referenced action, the United States
Attorney for the Western District of New York, pursuant to Rule
48{a) of the Federal Rules of Criminal Procedure and by leave of
Court endorsed hereon, hereby dismisses the pending Indictment in
this action, without prejudice.
DATED: Buffalo, New York, December 2, 2011.
WILLIAM J. HOCHUL, JR.
United States Attorney
BY:
P. KENNEDY,
tant U.S. Attorne
United States Attorney's Office
Western District of New York
138 Delaware Avenue
(716) 843-5892
JP.Kennedy@usdoj.gov
63 of 87
JUDICIAL COUNCIL
APPRnVED
United States District Colfrt
Jury Plan
August 20,2009
64 of 87
the Court to 'lppear and show cause for failure to comply with the summons. A person
failing to appear or show cause for noncompliance with a jury summons may he fined not
more than $1.000.00. imprisoned not more than three (3) days or ordered to perform
community service (or any combination thereof).
SUMMONING. AND ASSIGNMENT OF GRAND fURORS (28 U.S.C.
1866 and 1878)
Upon order of the Court, if a grand ju.ry is to be impaneled. this will be done
initially from the prospective jurors reporting. Separate grand jury panets shall be selected
fEM ri " JiiiiilUW "
and maintained in each divisional office. !rospective jurors not designall.!d to sit on a grand.
jury shall thereafter be added to the pool from which petit jurors shall be selected and shall
m
remain available for service until selected or until the time for sen.;cc expires.
Each grand jury shaU serve \lnti.! discharged by the Chief Judge, but no regular..
criminal grand jury shall serve for more than eighteen (18) months unless the Court extends

the service of the grand jury for a period or six mont hs or less, upon a determination that
un )
such e>."tension is in the public interest. Special Grand Juries as defined in 18 U.S.C. 3331,
I ."'f!tMrCtr'E"'t7S7C1ft'&1 ; F' ,
shall serve a tC'rm of eighteen (18) months unless an order for its discharge is el'lteroo earlier
'1 '."'. e ;:e_x j;' .,
by the CourL If, at the end of an eighteen-month term or any extension thereof. the Court
determines the business of the grand jury has nor been completed. the Court may enter an
AU
order extending such term for up to three additional six month periods. No special grand
,
65 of 87
f.FFECTIVE DA
This plan as amended this 20
h
day of August. 2009, shall become effective
when approved by the Judicial Council of the Second Circuit,
FOR THE COURT

RICHARD
Chief United States District Judge
Page 15 of 15
66 of 87
UNITED STATES OF AMERICA, Appellant, v. DANIEL MACKLIN, Defendant-Appellee
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
523 F.2d 193; 1975 U.S. App. LEXIS 12866
Docket Nos. 75-1189, 75-3031, Nos. 1035, 1344 - September Term, 1974
August13,1975,Agued
September 4, 1975, Decided
Editorial Information: Prior History
Appeal from a judgment of the United States District Court for the Eastern District of New York, Jacob
Mishler, Chief Judge, which dismissed the indictment against defendant on the ground that the term of
the grand jury which returned the indictment had been improperly extended.
Counsel Edward R. Korman, Chief Assistant United States Attorney for the
Eastern District of New York (David G. Trager, United States Attorney for the Eastern District
of New York, of counsel), for Appellant.
Albert H. Socolov, New York, New York, for Appellee.
Judges: Gurfein, Van Graafeiland and Meskill, Circuit Judges.
CASE SUMMARY
PROCEDURAL POSTURE: The United States sought review of the order of the United States District
Court for the Eastern District of New York, which granted the motions of defendant to withdraw his plea
of guilty under Fed. R. Crim. P. 32(d) and to dismiss the indictment on the ground that the grand jury's
term had been improperly extended. Indictment handed down by grand Jury, charging defendant with
submitting false statements in mortgage applications, was a nullity because it was issued after the
expiration of the grand jury's 18 month time limit under court rules.
OVERVIEW: Defendant was indicted on 25 counts of violating 18 U.S.C.S. 1010 by submitting false
statements in applications for federally insured mortgages. On August 1, 1973, defendant, as part of a
plea bargain, withdrew his plea of not guilty to two counts and entered a guilty plea. Defendant later
moved to withdraw his guilty plea and dismiss the indictment based on subsequently issued precedent.
The United States sought review of the trial court's order, which granted the motions on the ground that
the grand jury's term had been improperly extended. On appeal, the court affirmed the order of the trial
court. The court held that the indictment handed down by the grand Jury was a nullity because it was
Issued after the expiration of the statutory 18 month period. Fed. R. Crim. P. 6(g). The court further held
that the trial court was thus without jurisdiction to hear the case because there had been no valid
indictment. Fed. R. Crim. P. 7(a).
OUTCOME: The court affirmed the order of the trial court allowing defendant's guilty plea withdrawal and
dismissing the indictment against defendant. Tbe court held that the Indictment was Invalid because
the grand lurY exceeded tbe 18 month time limit provided for under court rules.
A02CASES 1
@ 2012 Matthew Bender & Company. Inc. a member of the LexisNexis Group. All rights reserved. Use of this product Is subject to the
restrictions and terms and conditions of the Matthew Bender Master Agreement.
67 of 87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
-
'-
- - - - - - - - - - - - X
UNITED STATES OF AMERICA
) 08-CR-54 (WMS)
) 09-CR-121 (WMS)
vs.
} 09-CR-141 (WMS)
)
SHANE C. BUCZEK,
)
Defendant.
) Buffalo, New York
)
AU9:
ust 20, 2009
- - - - - - - - - - - - - - - - X 1:47 p.m.
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE H. KENNETH SCHROEDER, JR.
UNITED STATES MAGISTRATE JUDGE
KATHLEEN M. MEHLTRETTER, ESQ.
Acting United States Attorney
BY: GEORGE C. BURGASSER, ESQ.
Assistant united States Attorney
138 Delaware Avenue
MARIANNE MARIANO, ESQ.
Public Defender
BY: BRIAN COMERFORD, ESQ.
Assistant Federal Public Defender
300 Pearl Street, Suite 450
Appearing on behalf of the.Defendant
ALSO PRESENT:
Scott Kawski, U. S. Probation Office
Curtis Middlebrooks, U.S. Probation Office
AUDIO RECORDER: Llane M. Guidotti
TRANSCRIBER:
Christi A. Macri, FAPR, RMR, CRR, CRI
Kenneth B. Keating Federal Building
100 State Street
Rochester, New 14614-0222
(Proceedings recorded by electronic sound recording, transcript
produced by computer) .
68 of 87
"

f
{
I
.I.
. I
..
I
I
I-
r
l
r
r
i-;.
I
r
t-.
t
r
r .
..
)
A287
22
practically all cases, the Government merely needs to file a
motion with an affidavit saying we believe that the defendant is
in violation of terms and conditions of bail and we're moving to
have his bail revoked.
I have some real serious problems with Mr. Bruce
unilaterally communicating with the Pretrial Services Unit of the
United States Probation Office, which is there to serve the Court,
not the U.S. Attorney's Office, having these conversations.
And I'm not sure what it is Mr. Bruce told Mr. Kawski,
but I will say to you in all candor that I am of the opinion that
Mr. Bruce may have even mislead Mr. Kawski as to the seriousness
of this violation or the content of what these documents were that
constituted a violation to the point that he got Mr. Kawski to
request an arrest warrant.
And then Mr. Bruce doesn't go to me, he doesn't go to
Judge Skretny, he ends up in front of the chief judge of the
district and gets that arrest warrant.
In the past, in much more serious cases, including
serious drug cases, people have been brought in on a summons when
there's a claim of a bail violation.
And when I look at the totality of the circumstances in
these three indictments, I am rapidly coming to the conclusion -
without making a formal legal finding -- that Mr. Bruce is bent on

a path of vindictiveness and retaliation against this
He reminds me -- and my memory doesn't serve me well
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
69 of 87
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
23
enough to pull up the name -- but he is the inspector from
Les Miserables who would spend 20 years chasing the man who stole

a loaf of bread because he was starving.
Doesn't the United States Attorney's Office have more
important things to do? Cfime running rampant out there, young
kids blowing their heads off every day, the drug scene out there
just outrageous, innocent people can't even drive down the
,
streets
without being shot at, and here we're spending this time on this
- ...
ridiculous nonsense.
MR. BURGASSER: Your Honor, just one thing as to what you
said. It's my understanding -- and this is hearsay from
Mr. Bruce -- he advised me that he did contact your chambers and
was told that there were no matters pending before -
MAGISTRATE JUDGE SCHROEDER: There weren't. All my
motions had been decided.
MR. BURGASSER: And they were told they should go to the
district court. It's my understanding, from Mr. Bruce again, that
Judge Skretny was not available -- I don't know if Judge Skretny
was available or not available, but that's how it ended up in
front of Judge Arcara.
MAGISTRATE JUDGE SCHROEDER: Oh, I know that. My point
is why didn't he just file a motion saying it's the Government's
position that Mr. Buczek is in violation of bail, we're moving to
have his bail revoked, instead of going and getting Mr. Kawski
involved, getting the Probation Office involved and getting an
70 of 87
Based on the government's failure of proof, the defense moved to dismiss
pursuant to Rule 29 of the Federal Rules of Criminal Procedure (A 680, TTr.3l711.
5-8). However, the trial court erroneously relied on Mr. Schumaker's testimony in
denying the motion (A 685, TTr.322 1.25 - 323 1.6).
Moreover, the evidence did not show that Shane Buczek was Glware that the
Best Buy Credit card had been issued by HSBC. The evidence was that HSBC
administered it, not that HSBC owned it and was subject to any loss as a result of
Shane Buczek's actions.
4. The Defense Case Established that Shane Buczek Lacked Intent
to Violate the Law Because He Acted in Good Faith upon His
Belief oithe Existence the SecrefAc"counts---" -'.. -- ---.----..
Although Shane Buczek's lack of trial experience prevented him from
overcoming the government's efforts to prevent him from presenting his full case,
the defense effectively established that he acted consistently with his own beliefs
in the existence of the secret accounts, which he could use to pay his Best Buy
Credit card.
AUSA Bruce asked the trial court to preclude Mr. William Dihl 3 and Mr.
- ,
Karl as well as Shane Buczek's sister, Amanda, and brother, Adam, from testifying
as defense witnesses (A 757-759, TTr.393-95, 400-02, A 764-766). After hearing
-
'7"-- -. -- = ----------..-.-.--- --
.' 3 Federal agents attempted to intimidate defense witnesses. One witness, William Dihl, was ~ ~ ' ; ' "
confronted by Secret Service Agents when he left Philadelphia to testify at the trial (A 759-763, /'
TTr.395-99). _------/
30
71 of 87
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Shane-Christopher: Buczek Appeals Nos. M _I
Appellant/Petitioner,
v.
10-4768 ""'"'Fe
UNITED STATES OF AMERICA, 10-4753

------------------------/
MOTION TO DISMISS ALL DOCKETS
AND DISMISS INDICTMENTS
Pursuant to Rule 27 of Fed.R.App.Proc. and Local Rule 27.1,
the Appellant/Petitioner, hereinafter "Petitioner", in the above
entitled matters respectfully moves the Court for consolidating
the dockets, then dismiss the indictment(s) asserting that
further investigation by the Petitioner has uncovered malfeasance
on the part of the government, which effectively deprived the
District Court of subject matter jurisdiction with regard to all
numbered cases.
Relevant History:
Petitioner,. was charged via allegations contained in (3)
appeals before this Court as shown above. of the three
appeals remain pending before this Court. see Nos. 10-4753 and
10-4768. This Court has considered and affirmed the Dis trict
Court with regard to No. 10-4799, which has been submitted by the
Petitioner for review by the U.S. Supreme Court. Nonetheless the
Petitioner continues to assert his innocence, notwithstanding his
having capitulated to the zeal of the government at 10-4753 and
10-4768.
[*see Attachment l-A and Attachment 1, Part BJ
72 of 87
Jurisdiction;
This Court of has iurisdiction of appeals from all
final decisions of the District Court pursuant to :L8 U.S.C.
1291. and the records in the aforementioned cases evince finality
or final determination by District Courts authority under
Art. III to consider a matter simulating iurisdiction.
nevertheless lacking jurisdiction. as it pertains to the
Petitioner.
Appellate Precedent:
The well established rule is that a court of appeals will
not consider an issue raised for the first time on appeal. s.ae
v. Wuiff. 479 U.S. 106. 120-121. 96 S.Ct. 49 L.Ed
2d 826 (1976): see also Virgilio v. City of New York. 470 F.3d
105. 116 (2d Cir.200S). The Rule is not an absolute bar to
raising new issues on appeal. The Court may in its discretion.
disregard the general rule when necessary to remedy manifest or
obvious iniustice. see Thomas E. Hoar. Inc. v. Sara Lee Corp. 900
F.2d 522. 527 (2d. Cir. 1990)
However. pursuant United States v. Macklin. 523 F.2d 193.
195 (2d Cir. 1975) this Court observed that a
defect can be raiseci at anytime:l.With respect _ It to this
Court opined that 'Ithe trial Court was thus without iurisdiction
to hear the case because there had been no valid indictment"
citing Fed.RuleCrim.P. lea). Affirming the District Courts
dismissal of the indictment (though Macklin Dlead guilty). that
the indictment handed down by the grand iurY was a nullity
because it was issued after the expiration of the statutory 18
month period. Fed.l<.Crim.P. 6(g). see Attachment H2" With regard
to United States v. Foley. 73 r.3d 484. 488 (2d Cir. 1996)
(apellate court must notice failure of indictment to charge
offense. even if not raised before trial. at trial. or on
73 of 87
2000) (claim that indictment is defective because it failed to
invoke court's jurisdiction or state an offense may be reviewed
at anytime). UNITED STATES V. Sitka, 845 F.2d 43, 44 (2d Cir.
1988) (Jurisdiction is subject matter jurisdiction). Therefore,
the Petitioner submits that his right to charge by indictment is
binding on the District Court pertaining to all allegations as
numbered here and appellate revew is warranted.
The Timing of Petitioners' Objections:
Certainly, the timing of the Petitioners' objections are
important to the level of scrutinizing employed; and a Petitioner
who objects to the indictment before trial is entitled to a more
exacting review of the indictment, then one who waits until after
trial to object. United States v. Pirro Jr., 212 F.3d 86 (2d Cir.
2000), citing United States v. Goodwin, 141 F.3d 394, 401 (2d.
Cir. 1997); Wydermyer, 51 F.3d at 324-25. However, the defendant
appellant should retain the protections afforded any accused
person, that is Fed.R.Crim.P. 6(c) "see Attachment "2", the
foreperson ... shall sign all indictments"; and Fed.R.Crim.P.
7(c)(1)" the indictment ... must be signed by an Attorney for the
government." Perhaps, more importantly "a record of concurrence
of at least 12 grand jurors voting to indict filed with the clerk
of the Court as required in all "infamous crimes". see Attachment
2.
ARGUMENT
The Petitioner submits further review of the indictment
process employed now show that the Petitioner was NOT charged via
indictment of any grand jury. Rather via use of a draft
indictment crafted by the Assistant U.S. Attorney, who did not
present the instrument to any grand jury for consideration or
vote. While, Rule 6(f) of the Fed.R.Crim.P. allows that "a grand
jury may indict only if at least 12 jurors concur. The several
indictments of the Petitioner at 10-4799, 10-475 and 10-4768
Page 3
74 of 87
show on their face that neither did any grand jury forward the
indictment to any judge in open court or otherwise to institute
charges against Petitioner. That NO entry exists on any of
Petitioners docket demonstrating that any foreperson filed any
record of concurrence with the Clerk of Court. No sealing Order
was entered to evince this required filing, nor did the
government pursuant to the Jencke Act provide this fact or
exculpatory evidence to the Peititioner in the pretrial context
as required. Instead, the face of all three (3) indictments show
that the government attorney placed an electronic signature on
it's draft indictment, then filed the invalid instrument with the
Clerk of the Court in B u f f ~ l o New York.
The Petitioner had opportunity to study the electronic
filing orders and procedure for the Western District of New York
and a t no time does this binding Local Rule allow for a grand
jury to evidence a concurrence of 12 by signing "/s/" foreperson.
Nor does the electronic filing procedure, if reasonably and
fairly read allow for registration of a grand jury by electronic
signature or filing. He or She MUST re turn a signed, val id
indictment for a judge in OPEN COURT. Considering the
Petitioner's due process rights and the rule of lenity as layed
against Fed.R.Crim.P. 6(c) and (f), the defendant believes that
this court should certainly give considerable deference to his
rights to be treated fairly and consistent with the proper
interpretation of Rule 6(c) and (f). As this Court elegantly
opined in dictum at United States v. Ferguson, 758 F.2d. 843 (2d.
Cir. 198$) citing Russell v. United States, 369 U.S. 749, 761 8
L.Ed 2d 240, 80 S.Ct. 1038 (1962) "when a legally constituted
grand jury - the neutral buffer between the government and the
accused - is absent, the accused IS Fifth and Sixth Amendment
rights may be easily eviscerated."
There exists NO WAIVER in any of the (3) records of indictment by
the Petitioner.
Page 4
75 of 87
Wherefore, the absence of an indictment is a jurisdictional
defect which deprives a (District Court) of its power to act.
Such jurisdictional defect cannot be waived by a defendant, even
by a plea of guilty. CF. Smith v. United States, supra 360 US at
10, Wherein the several indictments contained with the briefs of
the government and in record before the court are invalid.
The Authority of the AUSA
28 U.S.C. 547 entitled "Duties" of the United States
Attorney states, (1) prosecute for all offenses against the
United States, and (2) prosecute or defend, for the government,
all civil actions or proceedings in which the United States is
concerned .. Section 547 does allow the government attorney to
start a criminal matter by electronically signing a draft
indictment, then uploading it to the Court docket portal. This in
lieu of a grand jury or foreperson signing (approving the
indictment), then redaction of signature by the Court after the
"return." Thereafter, the requisite filing with the clerk of the
Court a record of concurrence pursuant to the Rule of Lenity, the
failure of a valid indictment and concurrence to show on the,
record eviscerated the accused's Fifth and Sixth Amendment
rights. Wherefore, the Petitioner objects to the XfiJjjJ.t' of all
indictments shown on the record before this Court as forwarded by
the government in their briefs. The Petitioner asserts that if we
as a society, allow (without notice and public hearing) people to
let the Motor Vehicle department electronically sign our drivers
licenses for us, our Marriage licenses be signed electronically
by someone else and, of course, our birth certificates be signed
electronically by someone other than Mom or Dad, and lastly our
mortgage documents and insurance contracts, what a mess this
would be for the Courts! Let alone -the fraud ...
Improper Sealing of Court Documents
Pursuant to Hartford Courant Co. v. Pellegrino (2004), this
Page 5
76 of 87
Court addressed the impropriety of courts sealing from the
public, dockets and documents. And, consistent with the Middle
Dis trict of Florida regarding United States v. Valent i , tha t
maintenance of an alternate docket is a violation of the First
Amendment. Lastly, that incamera examination of evidence by the
Court will not suffice to sustain a judgment of conviction where
the government, because of privilege, has failed to disclose to a
Petitioner information which might be material to his defense.
see Jencks v. United States, (1957). see Attachment "3"
Consequently, any alternately docketed indictment would be
unconstitutional, and should be stricken from the record and the
instant matter be properly dismissed as invalid as they pertain
to Petitioner Shane-Christopher: Buczek.
Therefore, in that the government failed to present its
draft indictmerits to any grand jury for consideration or vote on
the record
1
,the Peitioner requests an Order of the Court
dismissing all numbered indictments.
Verification
I, Shane-Christopher Buczek, hereby verify under penalty of
perjury, under the laws of the united States of America, that the
above statements of facts and law are true and correct, to the
best
meant
1746(1).
of my current
to mislead,
information,
so help me
knowledge
God, pursuant
and belief, . and
to 28 U.S.C.
not

Dated this
~
~ day
.
of October, 2012
Respectfully submitted,
B Y : ~ ~ : W
Shane-Christopher: Buczek
FCI Loretto
Page b
77 of 87
P.O. Box 1000
Loretto, PA 15940
Attachment "5" FOIA of Grand Jury Record of Concurrence 5 USC
552(a)(b)(A)(1)
Attlachment "6" Criminal Docket from government in all three (3)
Indictments
Certificate of Service
sf
I hereby certify that on October , 2012, I manl,laJly, ,,f .
--..-- . " tft.f ...
copy of the foregoing with the Court ' and served by mail upon any
party unable to accept electronic filing, Notice of this filing
will be sent by email to all parties via the Court's electronic
filing system. Parties may access this filing via the Court IS
CM/ECF, including as Court ORDER in the Western District of New
York.
William Bochal, Jr., U.S. Attorney
138 Delaware Ave
Buffalo, NY 14202
$1
Dated this \ day of October, 2012

Shane-Christopher:Buczek
1That the Defendant-Appellant can only defend what is in the
record. Fed.R.Crim.P. 6e(3)(E)(1) provides for disclosure of
grand jury materials by the government to the defendant. The
defendant is not the Public. see Attachment "4"..
Page 7
78 of 87
A42
Case 1:09-cr-00121-WMS-HKS Document 1 Filed 04/21/09 Page 1 of4
IN THE DISTRICT COURT OF THE UNITED STATES
For the Western District of New York
MAY 2007 GRAND JURY
(Empaneled 5/04/07)
THE UNITED STATES OF AMERICA
-vs-
SHANE C. BUCZEK, Violation:
Defendant.
Title 18, United States
Code, Sections 1344 and 3147
(2 Counts)
COUNT ONE
The Grand Jury Charges that:
FROM on or about September 18, 2008, to on or about January
16, 2009, in the Western District of New York and elsewhere,
defendant SHANE C. BUCZEK unlawfully, willfully and knowingly
executed and attempted to execute a scheme and artifice to defraud
and to obtain the money, funds, credits, assets and other property
owned by and under the control of a financial institution, namely,
HSBC, NA (hereinafter "HSBC"), an institution which had its
deposits insured by the Federal Deposit Insurance Corporation.
79 of 87
Certification of Service
I, ShaneChristopher:Buczek, declare pursuant to Fed.R.App.Proc.21(a) that acopy of true foregoing
"Petition for aWrit of Mandamus" has been forwarded by U.S. First Class mail to the Honorable District
Judge Skretny of the Western District of New York on November 5
th
2012. The Clerk in Buffalo, New
York will serve U.S. Attorney's office in Buffalo, New York by electric filing and Chief Judge Skretny.
By: _________
Shane Christopher Buczek
U.S. Court of Appeals 2
nd
Circuit
Richard Alcantra(Administrative Manager)
40 Foley Square,
New York, New York 10007
Attachment (1) Certified Copy Attest True Copy U.S. District Court, WDNY Michael
J. Roemer Draft Indictment and Certified Copy of Docket Sheet of Case #: 1 :09
CR00121.001 WDNY.
Attachment (2) Certified Copy Attest True Copy U.S. District Court, WDNY Michael
J. Roemer, U.S.A.-v-Koschtschuk, Case 1 :09-cr-00096-WMS-JJM ORDER OF
DISMISSAL BY: United States Attorney WILLIAM J. HOCHUL,JR.,
(Misconduct by AUSA Anthony Bruce).
Attachment (3) United States District Court Western District of New York JURY PLAN August 20
t
h,
2009, see page 7of 15.
Attachment (4) MOTION TO DISMISS ALL DOCKETS AND DISMISS ALL INDICTMENTS
[1O-4799J, [1O-4768J AND [10-4753], lacking any record of a GRAND JURY CONCURENCE.
9
80 of 87
.,(. ""
From OB or about 18, 2008, to on or 0anuary
16-, 2009,. in.. the.. W-estern District of New York 'and elsewhere, the
defendant SHANE C. BUCZBK,. did. commit the offense. of bank fraud, in
the manner .set -forth in count One of this In<iictment, in violation
of Title 18, United States Code, Section 1344;
ALL in violation -of Title 18, united States Code, Section
3147 (1) .
DATED: 2009. Buffalo, New York, April 21,
KATHLEEN M. MEHLTRETTER
United States Attorney
BY: S/ANTHONY M. BRUCE
ANTHONY M. BRUCE
Assistant United States Attorney
United. States Attorney's Office
138 Delaware Avenue
(716) 843-5700, ext. BB6
.A-X.RDE BlIiL"":
FeREPERSON
Anthony.M.BruceUsdoj.gov
: .. ' .. ,.
4
GA 48
81 of 87
Case 1 :09-cr-00121-WMS-HKS Document 286
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
United States of America,
CLERK'S CERTIFICATION
vs.
Civil/Criminal No: 09-CR-121
Shane C. Buczek, USCANo:
I, MICHAEL 1. ROEMER, CLERK of the District Court of the UNITED STATES for
the Western District ofNew York, DO, HEREBY CERTIFY that the foregoing docket entries,
with the exception of the documents listed below are maintained electronically on the court's
CMIECF system and constitute the Record on Appeal in the above-entitled action.
The following documents are not available electronically and are currently
maintained in traditional fashion in the city of Buffalo Clerk's Office.
Docket # 84,99, 104, 107,281,282 SEALED DOCUMENTS
Docket # EXHIBITS to Document #132
Docket #
Any additional records which are not currently available electronically, please feel free to
contact us and we will arrange for the document(s) to be made available to you.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and caused the Seal of said Court to be hereto affixed at the
City of Buffalo, New York, this 8
th
day of December, 2010.
Michael J. Roemer, Clerk
U.S. District Court
Is/ Diane Radloff
By: Diane Radloff
Deputy Clerk
82 of 87
12/08/20101:36 PM
APPEAL, CLOSED_2010, VictimNotify
u.s. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1 :09-cr-00121-WMS-HKS-l
Case title: USA v. Buczek Date Filed: 04/21/2009
Date Terminated: 11/09/2010
# Date Filed I
04/2112009 \.
r-....
05/06/2009
05/07/2009
0511512009
.........
Docket Text
INDICTMENT as to Shane C. Buczek (1) count(s) 1,2. (DR) (Entered: )
1
04124/2009) /
Minute Entry for proceedings held before Hon. H. Kenneth Schroeder,
Jr:Arraignment as to Shane C. Buczek (1) Count 1,2 held on 5/6/2009.
Court read charges contained in indictment to defendant and entered plea
of not guilty on his behalf. Defendant objected to the Court entering plea
of not guilty on his behalf. Defendant advised ofrights. Government
moved for detention. Defendant objected to govenment's motion.
Detention Hearing set for 5/7/2009 at 10:30 AM before Hon. H. Kenneth
Schroeder Jr. Defendant waived his right to be represented by counsel for
purposes of Detention Hearing. Time Excluded as to Shane C. Buczek
from 5/612009 to 5/7/2009 pursuant to Title 18 USC 3161(h)(1)(D),
(h)(7)(A) and (h)(7)(B)(iv). Defendant remanded. Appearances by AUSA
George Burgasser; Shane Buczek appeared pro se; USPO Scott Kawski.
(Court Reporter FTR Gold.)(LMG) (Entered: 05/0612009)
Minute Entry for proceedings held before Hon. H. Kenneth Schroeder,
Jr:Status Conference as to Shane C. Buczek held on 5/7/2009. Defendant
requested adjournment of Detention Hearing. Detention Hearing
adjoumed to 5/15/2009 at 02:00 PM before Hon. H. Kenneth Schroeder
Jr. Time Excluded as to Shane C. Buczek from 5/7/2009 to 5115/2009
pursuant to Title 18 USC 3161(h)(I)(D) and (h)(7)(A). Defendant
remanded to the custody of the US. Marshals Service. Appearances by
AUSA Timothy Lynch; Shane Buczek appeared pro se; AFPD Brian
Comerford appeared at the Court's request as standby counsel. (Court
Repo11er FTR Gold. )(LMG) (Entered: 05/08/2009)
Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, .1r:
Detention Hearing as to Shane C. Buczek held on 5/1512009. Defendant
stated that he wished to proceed pro se for purposes of Detention
Hearing. Court released defendant in all three cases (08-CR-54,
09-CR-121 and 09-CR-141) on $10,000 signature bond to be co-signed
by responsible surety, electronic monitoring and home incarceration.
Defendant to execute $10,000 signature bond in all three cases, but total
amount to be forfeited in the event the defendant fails to comply with any
condition of release set by the Court equals $10,000. Defendant will
of34
83 of 87
A46
'A024SB
of"M"I1
pcd
(PACTS#136lS)
Sheet'!:'
UNITED STATESDISTRlCT COURT
WESTERN District of NEW YORK.
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
V.
1:08CR00054-001
Case Numbers: 1:09CR00121-001
SHANE C. BUCZEK 1:09CR00141-00 1
USMNumber: 90656-111
Shane C, Buczek. pro se
Defendant's Attorney
THE DEFENDANT:

IX! pleaded guilty to count(s) UI ofOSCR00054, Counts 1& n of09CR00121, and Count 1 09CR00141 .{:O
'" \. c;..',
O pleaded nolo contendere to count(s) ::.:;):01
which was accepted by the court, " L (, 'l I -f,'
fl!1b J:!{-I J
o was found guilty on count(s) 'Y....... '(:;/' /
after a plea of not gUilty. .... 0 f:r'" ::;;'or >.r
''?,N DISTF.\l., \ .' ;,.-".,
.......... -.'.....
The defendant is adjudicated gUilty of these offenses:
Title & Section Nature of Offel15e Offense Ended Count
IS U.S.C. 102S(a)(4) , Possession of a False Identification Document 03/041200S ill of OSCR00054
IS U.S.C. 1344 Bank Fraud 0111612009 I of 09CROO12 I
18 U.S.C. 3147(I) Commission of Offense While on Release 01/1612009 nof09CROO121
IS U.S.C. 401(3) Contempt of Court 0111512009 Iof09CR00141
The defendant is sentenced as provided in pages 2 through _.-.6__ of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984. '
o The defendant has been found not guilty on count(s)
IX! Count(s) I & II of08CR00054 and 0 is IX! are dismissed on the motion of the United States.
II - IX of09CR00141
It is ordered that the defendant must notify the United States attorney for this district within 30 days ofany change of name, residence,
or mailing address until all fmes, restitution, costs, and special assessments imposed by this judgJllent are fully paid. Ifordered to pay restitution,
the defendant must notify the court and United States attorney of material cJianges m economic circumstances.
William M. Skretny. ChiefU,S. District Judge
NlIII1e and Title of Judge
1/ / Cj I It)
'Date
84 of 87
" .
U. s. POSTAGE
NY
.
12
PlEASIfPfll;SSFl,";i;;::::::,
!
$0;00 r
1006
10007 000 14530-

I .
I!iii ..,,---- .
',.. " :...., :',1 ______.. ._
UNitED STJJ.TES POSTJJ.LSERVICE
!

.ei'"

.j
fi

lJl:;!

,_?lPRIORITY
it
MIJIL II
l.i\!
UNITEDSJl!I'lESI'OS'mL
""'Ii!
l ShA'k.ChfiSNW. &cnM ...

11
<1Ila
Dellbl ntwV"'< ..
.=
TO RichAfd
1Js '(ouIJ-6 App-"ts
qD f61e1
I
85 of 87
United States Court of Appeals for the Second Circuit
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
DENNIS JACOBS
CHIEF JUDGE
CATHERINE O'HAGAN WOLFE
CLERK OF COURT
Date: December 26, 2012
Docket #: 12-5017op
Short Title: In Re: Shane C. Buczek
DC Docket #: 1:09-cr-121-1
DC Court: WDNY (BUFFALO)
DC Judge: Skretny
Schroeder

DOCKETING NOTICE

A Petition for Writ of Mandamus filed by Shane C. Buczek has been docketed in the above
referenced case under 12-5017. This number must appear on all documents related to this case
that are filed in this Court. For pro se parties the docket sheet with the caption page, and an
Acknowledgment and Notice of Appearance Form are enclosed. In counseled cases the docket
sheet is available on PACER. Counsel must access the Acknowledgment and Notice of
Appearance Form from this Court's websitehttp://www.ca2.uscourts.gov.
The form must be completed and returned within 14 days of the date of this notice. The form
requires the following information:
YOUR CORRECT CONTACT INFORMATION: Review the party information on the docket
sheet and note any incorrect information in writing on the Acknowledgment and Notice of
Appearance Form.
The Court will contact one counsel per party or group of collectively represented parties when
serving notice or issuing our order. Counsel must designate on the Acknowledgment and Notice
of Appearance a lead attorney to accept all notices from this Court who, in turn will, be
responsible for notifying any associated counsel.
CAPTION: The caption in a Petition for a Writ of Mandamus of Writ or Prohibition is
In re [EDIT], Petitioner. It shall not bear the name of the district court judge. (Local Rule 21(a).
DESIGNATIONS OF RESPONDENTS: All parties below other than the petitioner shall be
86 of 87
deemed respondents for all purposes. (FRAP21(b).
NO ANSWER: Unless the Court directs otherwise no answer to a petition for writ of mandamus
or prohibition will be accepted. (FRAP21(b).
Inquiries regarding this case may be directed to 212-857-8623.
87 of 87

Petition - Mandamus.12-5017 Buzsek

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Petition - Mandamus.12-5017 Buzsek

Hochgeladen von

Copyright:

Verfügbare Formate

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

UNITED STATES DISTRICT COURT

Das könnte Ihnen auch gefallen