Buczek Docket Report 141 9 Nov 2010

Case: 1:09-cr-00141-WMS As of: 11/12/2010 02:57 PM EST 1 of 18
CLOSED_2010
U.S. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:09−cr−00141−WMS All Defendants
Case title: USA v. Buczek Date Filed: 05/07/2009

Date Terminated: 11/09/2010
Assigned to: Hon. William M.

Skretny
Defendant (1)
Shane C. Buczek represented by Shane C. Buczek
TERMINATED: 11/09/2010 7335 Derby Road
Derby, NY 14047
PRO SE
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: 07/19/2010
Designation: Public Defender Appointment
Pending Counts Disposition

The Defendant is sentenced to the custody of the
BOP for a term of 12 months to run concurrent to
Count 1 of 08−CR−54 and consecutive to Count 1 of
CRIMINAL CONTEMPT 09−CR−121 and a 1 year term of Supervised Release
18:401.F to run concurrent with the term imposed in
(1) 08−CR−54 and 09−CR−121. Conditions of
Supervised release are as detailed in minute entry of
11/5/2010. $25.00 Special Assessment imposed.
Highest Offense Level (Opening)

Felony
Terminated Counts Disposition

CRIMINAL CONTEMPT
18:401.F Dismissed.
(2−9)
Highest Offense Level

(Terminated)
Felony
Complaints Disposition
None
Plaintiff
USA represented by Anthony M. Bruce
U.S. 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
ATTORNEY TO BE NOTICED
Maura O'Donnell
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716−843−5816
Fax: 716−551−3146
Email: maura.o'donnell2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text

05/07/2009 1 INDICTMENT as to Shane C. Buczek (1) count(s) 1−9. (DR) (Entered:
05/08/2009)
05/07/2009 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder,
Jr:Arraignment as to Shane C. Buczek (1) Count 1−9 held on 5/7/2009. Court read
Indictment to defendant and entered plea of not guilty on his behalf. Defendant
objected. Defendant advised that he will proceed pro se. Government moved for
detention. Detention Hearing set for 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
5/15/2009 pursuant to Title 18 USC 3161(h)(1)(D) and (h)(7)(A). Appearances by
AUSA Timothy Lynch; Shane Buczek pro se; AFPD Brian Comerford appeared as
standby counsel. (Court Reporter FTR Gold.)(LMG) (Entered: 05/12/2009)
05/15/2009 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:
Detention Hearing as to Shane C. Buczek held on 5/15/2009. 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 consider either
retaining counsel or requesting assigned counsel. Status Conference set for
6/3/2009 at 10:30 AM before Hon. H. Kenneth Schroeder Jr. Time Excluded as to
Shane C. Buczek from 5/15/2009 to 6/3/2009 pursuant to Title 18 USC
3161(h)(7)(A) and (h)(7)(B)(iv). Defendant remanded to custody of U.S. Marshals
Service until EMS investigation is completed. Appearances by AUSA Anthony
Bruce; Shane Buczek appeared pro se. (Court Reporter FTR Gold.) (LMG)
(Entered: 05/15/2009)
05/15/2009 2 Appearance Bond Entered as to Shane C. Buczek in amount of $ $10,000.00
Signature. (DR) (Entered: 05/19/2009)
05/15/2009 3 ORDER TO CONTINUE − Ends of Justice as to Shane C. Buczek Time excluded
from 5/6/09 until 5/15/09.. Signed by Hon. H. Kenneth Schroeder, Jr on
5/15/09.(DR) (Entered: 05/21/2009)
05/28/2009 Summons Issued in case as to Shane C. Buczek. Docket Call set for 6/3/2009 10:30
AM before Hon. H. Kenneth Schroeder Jr. (LMG) (Entered: 05/28/2009)
05/28/2009 5 ORDER Setting Conditions of Release. Signed by Hon. H. Kenneth Schroeder, Jr
on 5/15/09.(LMG) (Entered: 05/28/2009)
06/03/2009 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr: Status
Conference as to Shane C. Buczek held on 6/3/2009. Defendant made oral motion
to travel to Texas to meet with attorney he may wish to retain. Motion denied.
Defendant directed to provide the Court with the name of the attorney he has
retained no later than 6/4/2009. Status Conference set for 6/5/2009 at 03:30 p.m.
Defendant reminded to follow terms and conditions of bail previously imposed.
Time Excluded as to Shane C. Buczek from 6/3/2009 to 6/5/2009 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)
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. 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 6/8/2009. THE CLERK OF THE COURT IS
DIRECTED TO RECEIVE AND ACCEPT FOR FILING ALL OF
DEFENDANT'S FILINGS WITHOUT THE REQUIRED CERTIFICATE OF
SERVICE. Time Excluded as to Shane C. Buczek from 6/5/2009 TO 6/15/2009
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 FTR Gold.)(LMG) (Entered: 06/08/2009)
06/08/2009 7 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)
06/09/2009 6 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)
Conference as to Shane C. Buczek held on 6/15/2009. Attorney David Jay, who
was present in the courtroom, advised that defendant has not retained him.
Defendant confirmed that he will be proceeding pro se. Scheduling Order to be
entered. Time Excluded as to Shane C. Buczek from 6/15/2009 to 7/17/2009
pursuant to Title 18 USC 3161(h)(7)(A) and (h)(7)(B)(iv). Defendant requested
permission to leave his residence in order to work on his case at the UB Law
School Library. Court directed defendant to make application to the U.S. Probation
Office for the sole purpose of going to the UB Law School Library, the Federal
Courthouse Library or the Supreme Court Library. Appearances by AUSA
Anthony Bruce; Shane Buczek appeared pro se; Attorney David Jay. (Court
Reporter FTR Gold.)(LMG) (Entered: 06/16/2009)
06/15/2009 11 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/17/2009)
06/17/2009 10 SCHEDULING ORDER as to Shane C. Buczek: Discovery completed by
6/30/2009; Motions due by 7/17/2009; Responses due by 8/14/2009. If no motions
are filed, parties are directed to appear before the Hon. William M. Skretny on
7/22/2009 at 09:00 AM. Signed by Hon. H. Kenneth Schroeder, Jr on
6/15/09.(LMG) (Entered: 06/17/2009)
C. Buczek held on 6/15/09 before Judge H. Kenneth Schroeder. Court
Reporter/Transcriber Karen J. Bush, Telephone number (585) 613−4312.
Transcript Restriction set for 9/28/2009. (DR) (Entered: 07/16/2009)
07/07/2009 14 NOTICE as to Shane C. Buczek. Motions having been filed by the deadline of
7/17/2009 as set by the Magistrate Judge, the status conference scheduled for
7/22/2009 before William M. Skretny, U.S.D.J. is CANCELED. (MEAL) (Entered:
07/07/2009)
07/08/2009 40 Summons Returned Executed on 6/1/09. as to Shane C. Buczek. (DR) (Entered:
10/26/2009)
07/13/2009 15 MOTION for work release by Shane C. Buczek. (DR) (Entered: 07/14/2009)
07/13/2009 16 NOTICE OF HEARING by Shane C. Buczek (DR) (Entered: 07/14/2009)
07/14/2009 17 TEXT ORDER as to Shane C. Buczek: The government shall respond to
defendant's 15 Petition for Work Release no later than 7/24/2009 after which time
the petition shall be taken under advisement. SO ORDERED. Issued by the Hon.
H. Kenneth Schroeder, Jr on 7/14/09. (LMG) (Entered: 07/14/2009)
07/16/2009 19 Judicial Notice filed by Shane Buczek (DZ) (Entered: 07/17/2009)
07/16/2009 20 AMENDED AND SUPPLEMENT Claim and Notice of Abandonment of Claim
filed by Shane Buczek. (DZ) (Entered: 07/17/2009)
07/17/2009 21 MOTION for Extension of Time by Shane C. Buczek. (DZ) (Entered: 07/20/2009)
07/17/2009 22 **Please disregard this entry; docketed in error to wrong case** MOTION for
Extension of Time by Shane C. Buczek. (Attachment maintained in paper form in
the Clerk's office due to the way the document is certified) (DZ) Modified on
7/27/2009 (DZ). (Entered: 07/20/2009)
07/22/2009 23 RESPONSE to Motion by USA as to Shane C. Buczek re 15 MOTION for work
release (Response to the Defendant's Petition for Work Release) (Bruce, Anthony)
(Entered: 07/22/2009)
07/23/2009 24 MOTION to Strike The Defendant's Pretrial Filings As Frivolous And To Deny His
Motion For An Extension of Time by USA as to Shane C. Buczek. (Bruce,
Anthony) (Entered: 07/23/2009)
07/27/2009 25 ORDER denying 21 Motion for Extension of Time to File 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 26 ORDER denying relief sought in 11 Memorandum/Brief, 12 Memorandum/Brief,
13 Memorandum/Brief, 19 Judicial Notice, [20 Amended and Supplement and
denying as moot 24 Motion 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 27 ORDER denying 15 Motion Work Release as to Shane C. Buczek (1). Signed by
Hon. H. Kenneth Schroeder, Jr. on July 27, 2009. (APG) (Entered: 07/27/2009)
08/11/2009 28 MOTION To Set A Trial Date by USA as to Shane C. Buczek. (Bruce, Anthony)
(Entered: 08/11/2009)
08/14/2009 29 Minute Entry for proceedings held before Hon. Hugh B. Scott:Initial Appearance
re Petition for Revocation of supervised release as to Shane C. Buczek held on
8/14/2009. Defendant advised of charges in the violation petition and informed of
rights. Court enters denial on defendants behalf. Government moves to detain.
Matter is scheduled for 10:00am 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: 08/14/2009)
08/17/2009 30 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
financial 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 Burgasser,
AUSA on behalf of Anthony Bruce, AUSA, Brian Comerford, AFPD with the
defendant, USPO Scott Kawski and USPOA Curtis Middlebrooks(Court Reporter
FTR Gold.)(JDK) (Entered: 08/17/2009)
08/17/2009 Attorney update in case as to Shane C. Buczek. Attorney Brian P. Comerford for
Shane C. Buczek added. (JDK) (Entered: 08/18/2009)
08/20/2009 32 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:Bail
Review Hearing as to Shane C. Buczek held on 8/20/2009. Defendant completed
financial affidavit. Defendant sworn, examined and determined eligible for
counsel. AFPD accepts appointment and is formally appointed. Government moves
for detention on the basis of violation, argument held. Court denies the
governments request. Defendant to be released on EMS with conditions modified.
Government moves for a stay in order to appeal the decision to the District Court.
Court denies the governments request. Appearances; AUSA George Burgasser on
behalf of AUSA Anthony Bruce, AFPD Brian Comerford with defendant and
USPO Scott Kawski, and USPOA Curtis Middlebrooks (Court Reporter FTR
Gold.) (JDK) Modified on 8/20/2009 re: the governments request to appeal
decision(JDK). (Entered: 08/20/2009)
08/20/2009 Defendant completed financial affidavit which was filed in 08−CR−54 (JDK)
(Entered: 08/20/2009)
09/11/2009 33 TEXT ORDER as to Shane C. Buczek. The 28 Government's Motion To Set A
Trial Date is returnable on 9/30/2009 at 9:00 a.m. before William M. Skretny
U.S.D.J. SO ORDERED. Issued by William M. Skretny U.S.D.J. on
9/5/2009.(MEAL) (Entered: 09/11/2009)
09/30/2009 34 Minute Entry for proceedings held before William M. Skretny U.S.D.J:Status
Conference as to Shane C. Buczek held on 9/30/2009. Defendant requested
additional discovery. Defendant's Motions are to be filed by 10/9/2009.
Government response is due 10/30/2009. Defendant's reply is due 11/10/2009. A
Status Conference is set for 11/19/2009 at 9:00 AM before William M. Skretny
U.S.D.J. Time to be excluded pursuant to 3161(h)(1)(D) and 3161(h)(7)(A).
Government advises that a motion to consolidate cases for trial may be
forthcoming. For the govt. − Richard Maigret for Anthony Bruce. For the deft. −
Brian Comerford. Defendant present. (Court Reporter Michelle
McLaughlin.)(MEAL) (Entered: 10/01/2009)
C. Buczek held on August 17, 2009 before Judge H. Kenneth Schroeder, Jr.. Court
Reporter/Transcriber Christi A. Macri, Telephone number 585−613−4310.

C. Buczek held on August 20, 2009 before Judge H. Kenneth Schroeder, Jr.. Court
10/09/2009 37 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 by Shane C. Buczek.
(Attachments: # 1 Exhibits 1−3)(Comerford, Brian) (Entered: 10/09/2009)
10/16/2009 38 RESPONSE to Motion by USA as to Shane C. Buczek re 37 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 Government's Response To The
Defendant's Pretrial Discovery Motion (Bruce, Anthony) (Entered: 10/16/2009)
10/21/2009 39 ARREST Warrant Returned Executed on 8/14/09 in case as to Shane C. Buczek.
(DZ) (Entered: 10/21/2009)
11/09/2009 41 REPLY TO RESPONSE to Motion by Shane C. Buczek re 37 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)
11/19/2009 42 Minute Entry for proceedings held before William M. Skretny U.S.D.J.:Status
Conference as to Shane C. Buczek held on 11/19/2009. Discovery ongoing.
Defendant addressed the Court. Notice of Mistake with Affidavit in Support
Acceptance, Forgiveness and Request for Forgiveness, Memorandum of Law
provided to the Court. Court to file same. An additional Status Conference is set for
12/10/2009 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) (Entered: 11/20/2009)
11/20/2009 43 NOTICE of Mistake with Affidavit in Support Acceptance, Forgiveness and
Request for Forgiveness, Memorandum of Law by Shane C. Buczek. (MEAL)
(Entered: 11/20/2009)
12/10/2009 44 Minute Entry for proceedings held before William M. Skretny U.S.D.J.: Status
Conference as to Shane C. Buczek held on 12/10/2009. Jencks and 3500 material
to be provided to defendant. Jury selection and Jury trial is scheduled to commence
on 4/6/2010 at 9:30 a.m. A final pretrial order to be issued. Court deems 43
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. Defendant present. (Court Reporter
Michelle McLaughlin.)(MEAL) (Entered: 12/17/2009)
12/21/2009 45 PRETRIAL ORDER as to Shane C. Buczek. Jury selection is scheduled to begin
on 4/6/2010 at 9:30 AM. A final pretrial conference will be held on 3/15/2010 at
10:00 AM, and a final status conference will be held on 3/26/2010 at 9:00 AM.
Signed by Judge William M. Skretny on 12/20/2009. (Attachments: # 1 Pretrial
Order Attachment)(JCD) (Entered: 12/21/2009)
C. Buczek held on December 10, 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 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 1/11/2010. Redacted Transcript Deadline set for 1/21/2010.
Release of Transcript Restriction set for 3/22/2010. (DR) (Entered: 12/23/2009)
12/30/2009 47 ***DOCUMENT STRIKEN PURSUANT TO ORDER #50***RESTATEMENT
OF THE TRUST filed by Shane Buczek.(DR) Modified on 1/12/2010 (DR).
(Entered: 01/06/2010)
12/30/2009 48 ***DOCUMENT STRIKEN PURSUANT TO ORDER #50*** PETITION to
Dismiss for Lack of Ratification of Commencement by Shane C. Buczek. (DR)
Modified on 1/12/2010 (DR). (Entered: 01/06/2010)
01/04/2010 49 ***DOCUMENT STRIKEN PURSUANT TO ORDER #50***AMENDED
PETITION to Dismiss for Lack of Ratification of Commencement by Shane C.
Buczek. (DR) Modified on 1/12/2010 (DR). (Entered: 01/06/2010)
01/11/2010 50 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. 47 , 48 and 49 from the docket. Signed by William
M. Skretny, Chief Judge, U.S.D.C. on 1/8/2010.(MEAL) (Entered: 01/11/2010)
01/21/2010 51 AMENDED PRETRIAL ORDER as to Shane C. Buczek. Jury selection is
scheduled to begin on 6/28/2010 at 9:30 AM. A final pretrial conference will be
held on 5/12/2010 at 10:00 AM, and a final status conference will be held on
6/24/2010 at 9:00 AM. All will take place before the Hon. William M. Skretny.
Signed by Judge William M. Skretny on 1/19/2010. (Attachments: # 1 Pretrial
Order Attachment (Criminal))(JCD) (Entered: 01/21/2010)
02/05/2010 52 TRIAL BRIEF by USA as to Shane C. Buczek (Attachments: # 1 Exhibit 1)(Bruce,
Anthony) (Entered: 02/05/2010)
02/11/2010 53 Proposed Jury Instructions by USA as to Shane C. Buczek (Bruce, Anthony)
(Entered: 02/11/2010)
02/11/2010 54 MOTION Status conference as to attorney representation by Shane C. Buczek.
(Comerford, Brian) (Entered: 02/11/2010)
02/16/2010 55 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT, the 28
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 2/18/2010 at 9:00 AM for a Status Conference SO ORDERED. Issued by
William M. Skretny, Chief Judge U.S.D.C. on 2/16/2010.(MEAL) (Entered:
02/16/2010)
02/18/2010 56 Minute Entry for proceedings held before William M. Skretny, Chief Judge:Status
Conference as to Shane C. Buczek held on 2/18/2010. Defendants requests to
proceed pro se with Attorney Comerford as stand−by counsel. Court will allow.
Defendant advised that documents filed with the Clerk of the Court must be in
proper format or they will not be filed. Requisite warnings given and findings made
as to defendant proceeding pro se. Trial to proceed as scheduled. For the govt. −
Mary Baumgarten. For the deft. − Shane Buczek, pro se, Brian Comerford,
stand−by counsel. Court Reporter Patricia Galas Jack W. Hunt &Associates, Inc.)
(MEAL) (Entered: 02/19/2010)
02/22/2010 57 GLOBAL DEMAND to Recuse USA Anthony Bruce, Kathleen M. Mehltretter,
Mary C. Baumgarten &all AUS Attorneys' in Western District of New York
Attorney Office for Conflict of Interest by Shane C. Buczek. (DR) (Entered:
02/23/2010)
02/25/2010 58 NOTICE OF MISTAKE WITH DECLARATION IN SUPPORT NOTICE OF
ELECTION OF A CHOICE IN ACTION AND CONVERSION ON ALL
LIABILITY by Shane C. Buczek (DZ) (Entered: 02/25/2010)
02/26/2010 60 Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status
Conference as to Shane C. Buczek held on 2/26/2010. 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: 03/03/2010)
03/01/2010 59 MANDATORY JUDICIAL NOTICE by Shane C. Buczek. (DR) (Entered:
03/01/2010)
03/09/2010 61 MEMORANDUM in support of Notice of defendant as amicus curiae regarding
commercial notice appointment of ficudiary debtor by Shane C. Buczek. (DLC)
(Entered: 03/10/2010)
03/09/2010 62 NOTICE OF APPOINTMENT OF FIDUCIARY DEBTOR by Shane C. Buczek.
(DLC) (Entered: 03/10/2010)
03/09/2010 63 MOTION/GLOBAL DEMAND for malicious, selective, vindictive prosecution to
Disqualify, Dismiss Counsel AUSA Anthony Bruce by Shane C. Buczek. (DLC)
(Entered: 03/10/2010)
03/11/2010 64 AFFIDAVIT OF TRUTH AND CORPORATE DENIAL by Shane C. Buczek.
(DR) (Entered: 03/12/2010)
03/19/2010 65 AFFIDAVIT &NOTICE by Shane C. Buczek. (DR) (Entered: 03/22/2010)
03/24/2010 66 CALENDAR ENTRY as to Shane C. Buczek. A Change of Plea is scheduled for
3/25/2010 at 9:00 AM before William M. Skretny, Chief Judge U.S.D.C. (MEAL)
(Entered: 03/24/2010)
03/25/2010 67 PLEA AGREEMENT as to Shane C. Buczek. Judge Hon. H. Kenneth Schroeder,
Jr no longer assigned to defendant. (DR) (Entered: 03/26/2010)
03/25/2010 68 Minute Entry for proceedings held before William M. Skretny, Chief
Judge:Change of Plea as to Shane C. Buczek held on 3/25/2010. Plea agreement
entered into and accepted by the Court. Defendant pled guilty to Count 1 of the
Indictment. Guilty plea accepted by the Court. A status conference re: sentencing is
scheduled for 5/10/2010 at 9:00 AM before William M. Skretny, Chief Judge. Jury
selection and jury trial scheduled to commence on 6/28/2010 is canceled.
Defendant continued on release. Same terms and conditions to apply. For the govt.
− Maura O'Donnell. For the deft. − Shane Buczek, pro se. Brian Comerford,
stand−by counsel. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered:
03/28/2010)
C. Buczek held on February 18, 2010 before Judge Honorable William M. Skretny.
Court Reporter/Transcriber Patricia A. Galas, Telephone number 716−853−5600.
05/03/2010 70 NOTICE as to Shane C. Buczek. The Status Conference scheduled for 5/10/2010 at
9:00 a.m. before William M. Skretny, Chief Judge is ADJOURNED to 7/9/2010 at
10:00 a.m. (Entered: 05/03/2010)
05/12/2010 71 MOTION to Dismiss by Shane C. Buczek. (DR) (Entered: 05/13/2010)
C. Buczek held on August 14, 2009 before Judge Honorable Hugh B. Scott. Court
06/18/2010 73 MOTION FOR Judgment on the Pleadings by Shane C. Buczek. (DR) (Entered:
06/22/2010)
06/29/2010 74 MOTION to take Judicial Notice of the Determination by the DOJ that Title 18
(1948) is Unconstitutional and of the Fair Warning Doctrine by Shane C. Buczek.
(DR) (Entered: 07/01/2010)
06/29/2010 75 DECLARATION FOR REVOCATION by Shane C. Buczek (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(DR) (Entered: 07/01/2010)
07/01/2010 NOTICE as to Shane C. Buczek. The Status Conference scheduled for 7/9/2010 at
10:00 AM before William M. Skretny, Chief Judge is ADJOURNED to 7/14/2010
at 10:30 AM. (JCD) (Entered: 07/01/2010)
07/01/2010 76 NOTICE as to Shane C. Buczek. The Status Conference scheduled for 7/14/2010 at
10:30 AM before William M. Skretny, Chief Judge is ADJOURNED to 7/19/2010
at 11:00 AM.(MEAL) (Entered: 07/01/2010)
07/06/2010 77 MOTION/PETITION FOR TRAVEL by Shane C. Buczek. (DR) (Entered:
07/07/2010)
07/06/2010 78 NOTICE OF HEARING re: Work Release by Shane C. Buczek (DR) (Entered:
07/07/2010)
07/15/2010 79 DEMAND FOR ALL DISCOVERY EVIDENCE as to Shane C. Buczek. (DR)
(Entered: 07/16/2010)
07/15/2010 80 CHALLENGE TO SUBJECT MATTER JURISDICTION PROOF OF CLAIM by
Shane C. Buczek. (DR) (Entered: 07/16/2010)
07/16/2010 81 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Support Affdavit
of Truth by Shane C. Buczek. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit B continued)(DR) (Entered: 07/19/2010)
07/19/2010 82 TEXT ORDER
Defendant has filed several post−conviction motions, each of which is improper

and lacks merit.
First, citing two criminal statutes 18 U.S.C. 241, 242, Defendant argues in his 71
Motion to Dismiss that these cases should be dismissed. But neither statute applies
in this context and neither serves as grounds for dismissal of this criminal
prosecution. Defendant's motion is therefore DENIED.
Second, Defendant filed a 73 Motion for Judgment on the Pleadings, wherein he

argues that this Court lacks jurisdiction because Title 18 of the United States Code
was never properly enacted into law. This argument is a nonstarter, having
repeatedly been rejected by the courts. See United States v. Jerdine, No. 01: 08 CR
481, 2009 WL 4906564, at *1−*2 (N.D. Ohio Dec. 18, 2009) (collecting cases).
Defendant's motion is therefore DENIED.
Third, Defendant filed a 74 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.
Fourth, Defendant has filed a 79 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 prosecution.
Finally, Defendant has filed a 80 Challenge to Subject Matter Jurisdiction, 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 7/19/2010.(MEAL)

(Entered: 07/19/2010)
07/19/2010 83 DECISION AND ORDER DENYING Defendant's 57 Global Demand to Recuse
AUSA Anthony Bruce, Kathleen M. Mehltretter, Mary C. Baumgarten, [et al.]
&ALL AUS Attorneys In Western District of New York Attorney Office for
Conflict of Interest ; DENYING Defendant's 58 Notice of Mistake With
Declaration in Support/Notice of Election of a Choice In Action and Conversion on
All Liability ; DENYING Defendant's 59 Mandatory Judicial Notice; DENYING
Defendant's 63 Global Demand to Dismiss for Malicious, Selective, Vindictive
Prosecution and Disqualification of AUSA Anthony Bruce. SO ORDERED.
Signed by William M. Skretny, Chief Judge U.S.D.C. on 7/19/2010. (MEAL)
(Entered: 07/19/2010)
07/19/2010 84 MOTION to Modify Conditions of Release [Motion Requesting the Court to Add a
Condition of Release] by USA as to Shane C. Buczek. (Attachments: # 1 Exhibit
A)(O'Donnell, Maura) (Entered: 07/19/2010)
07/19/2010 85 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 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 AM before William M. Skretny, Chief Judge. For
the govt. − Mary C. Baumgarten, Maura O'Donnell. For the deft. − Shane Buczek,
pro se, Brian Comerford. For prob. − David Ball, Scott Kawski. (Court Reporter
Michelle McLaughlin.)(MEAL) (Entered: 07/21/2010)
07/19/2010 Attorney update in case as to Shane C. Buczek. Attorney Brian P. Comerford
terminated. (DR) (Entered: 07/27/2010)
07/23/2010 86 TEXT ORDER
Defendant has filed a 81 Motion to Dismiss, which again challenges the basis of
this Court's jurisdiction. As this Court has explained, the constitutionality of Title
18, Section 3231 has been repeatedly upheld and serves as a proper basis for
jurisdiction. See United States v. Jerdine, No. 01: 08 CR 481, 2009 WL 4906564,
at *1−*2 (N.D. Ohio Dec. 18, 2009) (collecting cases). Defendant's [ 81 motion for
dismissal of this case on jurisdictional grounds is DENIED.
SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on

7/23/2010.(MEAL) (Entered: 07/23/2010)
07/26/2010 87 SCHEDULING NOTICE as to Shane C. Buczek. Presentence Report to Parties due
by 9/21/2010. Sentencing Factors Statements/Sentencing Motions due by
10/15/2010. Objections/Responses to Sentencing Factors/Motions due by
10/22/2010. Motions to Adjourn due by 10/27/2010. Character Letters due by
10/29/2010. Presentence Report to the Court due by 10/29/2010. Sentencing is
scheduled for 11/5/2010 at 10:00 a.m. before William M. Skretny, Chief Judge
U.S.D.C.(MEAL) (Entered: 07/26/2010)
07/26/2010 88 TEXT ORDER as to Shane C. Buczek.
At a status conference on July 19, 2010, this Court discussed Defendant's request
that his standby counsel be relieved from representation based on Defendant's view
that, among other things, counsel was inaccessible and ineffective. Because
standby counsel represented that Defendant's allegations created an actual conflict
of interest, this Court granted counsel's request to withdraw. (Docket No. 85.)
Defendant then requested that this Court appoint him different standby counsel to
assist in his self−representation, one who shares his belief system, understands
"public policy," and will be available to him whenever needed.
This Court has found on multiple previous occasions that Defendant is competent
to stand trial, competent to represent himself, and has voluntarily and knowingly
waived his right to counsel. Nonetheless, this Court appointed standby counsel to
assist Defendant at trial in whatever way he deemed appropriate. Defendant,
however, does not have a right to standby counsel of his choice. See United States
v. Mills, 895 F.2d 897. 904 (2d Cir. 1990) (citing United States v. Campbell, 874
F.2d 838, 848−49 (1st Cir. 1989)). Having discharged his appointed standby
counsel, and the trial having been concluded, this Court finds no cause to appoint
different standby counsel for the sentencing phase under the conditions and for the
purposes Defendant has articulated. Should Defendant elect to have counsel
appointed to assume his representation, he is free to exercise that right at any time.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/25/2010. (MEAL)

(Entered: 07/26/2010)
07/28/2010 89 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.
Buczek. (DR) (Entered: 07/29/2010)
07/30/2010 90 ***Please Disregard−Corrected Transcript filed 8/2/10 #91***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
Reporter/Transcriber Michelle L. McLaughlin, Telephone number 716−332−3560.
Transcript Restriction set for 10/28/2010. (DR) Modified on 8/2/2010 (DR).
(Entered: 08/02/2010)
07/30/2010 E−Filing Notification: 90 ***Please Disregard−Corrected Transcript filed 8/2/10
#91***NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
Shane C. Buczek held on March 25, 2010 before Judge Honorable William M.
Skretny. (DR) Modified on 8/2/2010 (DR). (DR) (Entered: 08/02/2010)
C. Buczek held on July 19, 2010 before Judge Honorable William M. Skretny.
Court Reporter/Transcriber Michelle M. 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 Release
of Transcript Restriction. After that date it may be obtained through PACER.
Redaction Request due 8/23/2010. Redacted Transcript Deadline set for 9/2/2010.
Release of Transcript Restriction set for 11/1/2010. (DR) (Entered: 08/02/2010)
08/05/2010 92 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 by Shane C. Buczek. (DR) (Entered: 08/06/2010)
08/06/2010 93 TEXT ORDER. IT HEREBY IS ORDERED THAT, the Government's 84 Motion
Requesting the Court to Add a Condition of Release is DENIED. SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 8/6/2010. (MEAL)
(Entered: 08/06/2010)
08/06/2010 94 NOTICE and MOTION TO TRAVEL FREELY and PETITION FOR WORK
RELEASE by Shane C. Buczek. (DR) (Entered: 08/09/2010)
08/10/2010 95 AFFIDAVIT in Opposition by USA as to Shane C. Buczek re 94 MOTION to
Travel (Attachments: # 1 Exhibit A)(Baumgarten, Mary) (Entered: 08/10/2010)
08/12/2010 96 RESPONSE to Government's Affidavit on Travel Motion &Requests Sanctions for
Ex Parte Communications Between Govt. and Probation Department by Shane C.
Buczek (DR) (Entered: 08/13/2010)
08/16/2010 97 PETITIONER files Rule(s) (29 &33) Post VOID Plea Motion for Relief Due to
Constitutional Violations of the 5th, 6th, 14th, Amendments &Due Process Clause
and Rule 81(a)(4) Habeas Corpus Relief by Shane C. Buczek. (DR) (Entered:
08/17/2010)
08/16/2010 C.D. of Exhibit "A" received from Shane Buczek re: 97 . Maintained in Clerk's
Office. (DR) (Entered: 08/17/2010)
08/16/2010 C.D. of Exhibit "A" received from Shane Buczek re: 97 given to Assistant U.S.
Attorney. (DR) (Entered: 08/17/2010)
08/19/2010 98 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT
Defendant's 94 Motion to Travel Freely and Petition for Work Release is DENIED.
SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on
8/18/2010. (MEAL) (Entered: 08/19/2010)
08/23/2010 99 MOTION/PETITION for Determination of a Question of Jurisdiction by Shane C.
08/27/2010 100 SECOND MOTION to Dismiss by Shane C. Buczek. (DR) (Entered: 08/30/2010)
08/31/2010 101 NOTICE AND DEMAND by Shane C. Buczek. (DR) (Entered: 09/01/2010)
08/31/2010 102 RESTATEMENT OF THE TRUST AND AFFIDAVIT OF TRUTH AND FACT
by Shane C. Buczek. (DR) (Entered: 09/01/2010)
09/07/2010 103 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 NUMEROUS REASONS
ENUMERATED HEREIN by Shane C. Buczek (Attachments: # 1 Continuation, #
2 Continuation, # 3 Continuation)(DR) (Entered: 09/08/2010)
09/07/2010 104 NOTICE of COMPLAINT Court to take Judicial Notice Under Federal Rules of
Evidence 201(f) by Shane C. Buczek (DR) (Entered: 09/08/2010)
09/09/2010 105 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 106 Second Petition for Determination of Questions of Jurisdiction by Shane C.
09/14/2010 107 JUDICIAL NOTICE of emails received February 17, 2010 Court to take Judicial
Notice under Federal Rules of Evidence 201(F) by Shane C. Buczek. (DR)
(Entered: 09/15/2010)
09/14/2010 108 JUDICIAL NOTICE Of BOP Letter dated July 27, 2009 SHOWING no quorum
was in place on May 12, 1947 and Public Law 80−772 was never constitutionally
passed by Congress. Court to take Judicial Notice under Federal Rules of Evidence
201(f) by Shane C. Buczek. (DR) (Entered: 09/15/2010)
09/21/2010 109 ***Please disregard−entered on wrong file***JUDICIAL NOTICE OF
ADMINISTRATIVE NOTICE IN THE NATURE OF WRIT OF CORAM NOBIS
NON JUDICE &A DEMAND FOR DISMISSAL &REVERSAL OF
CONVICTION AND PLEA FOR LACK OF JURISDICTION Court to take
Judicial Notice under Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR)
Modified on 9/22/2010 (DR). (Entered: 09/22/2010)
09/21/2010 110 ***Please disregard−entered on wrong file***JUDICIAL NOTICE OF
FRANKLIN D. ROOSEVELT 1933 EXECUTIVE ORDER Order No. 4862 ALL
PROPERTY HELD IN TRUST Court to take Judicial Notice under Federal Rules
of Evidence 201(f) by Shane C. Buczek. (DR) Modified on 9/23/2010 (DR).
(Entered: 09/22/2010)
09/21/2010 111 JUDICIAL NOTICE OF FANKLIN D. ROOSEVELT 1933 EXECUTIVE
ORDER Order No. 4862 ALL PROPERTY HELD IN TRUST Court to take
(Entered: 09/23/2010)
09/21/2010 112 JUDICIAL NOTICE OF MEMORANDUM OF POINTS AND AUTHORITIES
Arrest is presumed to be false; FBI AGENT has the burden of proof Court to take
(Entered: 09/23/2010)
09/21/2010 113 JUDICIAL NOTICE OF ADMINISTRATIVE NOTICE IN THE NATURE OF
WRIT OF CORAM NOBIS NON JUDICE &A DEMAND FOR DISMISSAL
&REVERSAL OF CONVICTION AND PLEA FOR LACK OF JURISDICTION
Court to take Judicial Notice under Federal Rules of Evidence 201(f) by Shane C.
09/27/2010 114 JUDICIAL NOTICE OF LETTER ROGATORY BENEFICIARY CLAIM by
09/27/2010 115 JUDICIAL NOTICE Of 5 USC Sec. 557(c) (3) Findings of Fact and conclusions of
law required for all decisions Court to take Judicial Notice under Federal Rules of
Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010 116 JUDICIAL NOTICE OF LEGAL NOTICE AND DEMAND AFFIDAVIT IN
SUPPORT by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010 117 JUDICIAL NOTICE OF INDICTMENTS SHALL RUN IN THE NAME OF THE
United States by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010 118 JUDICIAL NOTICE Of Petition for Writ of Habeas Corpus
1:10−CV−00383−WMS by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010 119 JUDICIAL NOTICE Of AFFIDAVIT OF SILVER SURETY by Shane C. Buczek.
(DR) (Entered: 09/28/2010)
09/28/2010 120 JUDICIAL NOTICE Of Wakeup Call Documentary about the New World Order
AND THE Banking System by Shane C. Buczek. (DR) (Entered: 09/29/2010)
09/28/2010 121 JUDICIAL NOTICE Of AFFIDAVIT OF TRUTH AND CORPORATE DENIAL
AFFIDAVIT OF TRUTH by Shane C. Buczek. (DR) (Entered: 09/29/2010)
09/28/2010 122 JUDICIAL NOTICE Of Judicial Notice to Dismiss for: Relief Due to
Constitutional Violations of the 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: 09/29/2010)
09/29/2010 123 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 80−771 is not in the
Federal Registry as Required by Law, therefore in Violation of Federal Registry
Act &The Administrative Procedure Act (SECOND AMENDED) by Shane C.
09/29/2010 124 JUDICIAL NOTICE Of FREEDOM OF INFORMATION ACT REQUEST 5
U.S.C. Section 552 OATH OF OFFICE FEDERAL JUDGES Court to take
(Entered: 10/01/2010)
09/29/2010 125 JUDICIAL NOTICE Of FREEDOM OF INFORMATION ACT REQUEST 5
U.S.C. Section 552 OATH OF OFFICE AUSA Court to take Judicial Notice under
Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 10/01/2010)
10/01/2010 126 JUDICIAL NOTICE &DEMAND For an EVIDENTIARY HEARING To Put
Forth an OFFER of PROOF As per the Rules of Evidence, Rule 102(d)(e) and
Supreme Court Constitutional Quorum Clause Challenge and Lack of Subject
Matter Jurisdiction Court to take Judicial Notice under Federal Rules of Evidence
201(f) by Shane C. Buczek. (DR) (Entered: 10/04/2010)
10/05/2010 127 MOTION for default judgment by Shane C. Buczek. (DZ) (Entered: 10/06/2010)
10/05/2010 128 MANDATORY JUDICIAL NOTICE re: default judgment by Shane C. Buczek
(DZ) (Entered: 10/06/2010)
10/05/2010 129 JUDICIAL NOTICE by Shane C. Buczek to dismiss for Constitutional Violations
(DZ) (Entered: 10/06/2010)
10/05/2010 130 JUDICIAL NOTICE and Demand for an evidentiary hearing by Shane C. Buczek
(DZ) Text Modified on 10/6/2010 (DZ). (Entered: 10/06/2010)
10/05/2010 131 AMENDED MANDATORY JUDICIAL NOTICE AND DEMAND for an
evidentiary hearing by Shane C. Buczek. (DZ) text modified on 10/6/2010 (DZ).
(Entered: 10/06/2010)
10/05/2010 132 MANDATORY JUDICIAL NOTICE AND DEMAND for an evidentiary hearing
to put forth an offer of proof by Shane C. Buczek (DZ)text modified on 10/6/2010
(DZ). (Entered: 10/06/2010)
10/05/2010 133 MANDATORY JUDICIAL NOTICE of Petition Subject Matter Jurisdiction Court
to take Judicial Notice under Federal Rules of Evidence 201(d) and (f) by Shane C.
Buczek (Attachments: # 1 continuation of document, # 2 continuation of
document)(DZ) (Entered: 10/06/2010)
10/08/2010 134 AMENDED JUDICIAL NOTICE Of Judicial Notice to Dismss for: Relief Due to
Constitutional Violations of the 5th, and 6th Amendments by Shane C. Buczek.
(DR) (Entered: 10/12/2010)
10/08/2010 135 JUDICIAL NOTICE Of Mandatory Judicial Notice &Motion for Relief Due to
Constitutional Violations of 5th, 6th, 14th Amendments &Due Process Clause by
10/08/2010 136 MOTION For Adjournment and Extension of time for GOOD CAUSE to adjourn
sentencing date by Shane C. Buczek. (DR) (Entered: 10/12/2010)
10/08/2010 137 AFFIDAVIT in Support by Shane C. Buczek re 136 MOTION. (DR) Modified on
10/13/2010 to correct filing date(DR). (Entered: 10/12/2010)
10/08/2010 138 MANDATORY JUDICIAL NOTICE of USC TITLE 18 4001 (a) Limitation on
detention; control of prisons Court to take Judicial Notice under Federal Rules of
Evidence 201(d) and (f) by Shane C. Buczek. (DR) (Entered: 10/13/2010)
10/12/2010 139 MANDATORY JUDICIAL NOTICE of Responses to: Foreign Agent AUSA Mr.
Anthony Bruce by Shane C. Buczek.(CMD) (Entered: 10/14/2010)
10/12/2010 140 MANDATORY JUDICIAL NOTICE OF USC TITLE 28 PART VI CHAPTER
176 SUBCAHPTER A § 3002 15(a) United States means a Federal Corporation by
Shane C. Buczek. (CMD) (Entered: 10/14/2010)
10/12/2010 141 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: 10/14/2010)
10/12/2010 142 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: 10/14/2010)
10/13/2010 143 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Shane C.
Buczek (Attachments: # 1 Exhbiit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D).(CMD) (Entered: 10/14/2010)
10/14/2010 147 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)
10/15/2010 144 SENTENCING MEMORANDUM by USA as to Shane C. Buczek (Baumgarten,
Mary) (Entered: 10/15/2010)
10/15/2010 145 STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to
Shane C. Buczek (Baumgarten, Mary) (Entered: 10/15/2010)
10/15/2010 148 MANDATORY JUDICIAL NOTICE Of WISHING NO CONTRACT WITH A
FOREIGN AGENT'S by Shane C. Buczek. (DR) (Entered: 10/18/2010)
10/15/2010 149 MANDATORY JUDICIAL NOTICE Of Washington State Department of
Licensing Uniform Commercial Code PROPERTY LIST REVENUE TRACKING
NUMBER 1230830 "2009−344−6800−0 RECORED WITH THE
Nationalrepublicregistry.com 1/29/2010 by Shane C. Buczek. (DR) (Entered:
10/18/2010)
10/18/2010 146 RESPONSE in Opposition by USA as to Shane C. Buczek re 136 MOTION
Government's Response to Defendant's Motion to Adjourn (O'Donnell, Maura)
(Entered: 10/18/2010)
10/18/2010 150 MANDATORY JUDICIAL NOTICE of Responses TO: SENTENCING
FACTORS AND MEMORANDUM BY FOREIGN AGENT'S WITH NO
JURISDICTION AND RACKETEERING ACTIVITY'S 18 USC SEC.1961 by
Shane C. Buczek (Attachments: # 1 Continuation, # 2 Continuation)(DR) (Entered:
10/20/2010)
10/20/2010 152 Petitioner's Answer to Govt. on his MOTION For Adjournment and Extension of
time for GOOD CAUSE to adjourn sentencing date by Shane C. Buczek
(Attachments: # 1 Continuation)(DR) (Entered: 10/22/2010)
10/20/2010 153 MANDATORY JUDICIAL NOTICE of MEMORANDUM ON JUDICIAL
NOTICE TO FOREIGN AGENT'S by Shane C. Buczek. (DR) (Entered:
10/22/2010)
10/20/2010 154 Motion and Mandatory Judicial Notice Rule 201 (d),(e) and (f) CONFLICT of
INTERST Fraud on the Court &Fraud against Petitioner Due Process Violations
Demand for immediate Dismissal of all indictments, actions against him by Shane
C. Buczek. (DR) (Entered: 10/22/2010)
10/20/2010 155 Affidavit of Motion and Mandatory Judicial Notice Rule 201(e)(f) CONFLICT OF
INTEREST: Motion for Dismissal for Fraud and Lack of Subject Matter
Jurisdiction by Shane C. Buczek. (DR) (Entered: 10/22/2010)
10/20/2010 156 MANDATORY JUDICIAL NOTICE of Public law 80−772 is invalid by Shane C.
10/22/2010 151 MOTION to Revoke Notice of Motion and Motion for Bail Revocation and
Affidavit by USA as to Shane C. Buczek. (O'Donnell, Maura) (Entered:
10/22/2010)
10/22/2010 158 Supplemental/AMMENDED OBJECTIONS to Presentence Report by Shane C.
Buczek (Attachments: # 1 Continuation, # 2 Continuation)(DR) (Entered:
10/25/2010)
10/22/2010 160 NOTICE OF MOTION FOR Dismissal for lack of Subject Matter Jurisdiction
"Quorum Clause" by Shane C. Buczek. (DR) (Entered: 10/25/2010)
10/22/2010 161 Motion to Dismiss for Lack of Subject Matter Jurisdiction by Shane C. Buczek.
(DR) (Entered: 10/25/2010)
10/22/2010 162 AFFIDAVIT in Support by Shane C. Buczek re 161 MOTION to Dismiss (DR)
(Entered: 10/25/2010)
10/22/2010 163 MANDATORY JUDICIAL NOTICE of SUPPLEMENTAL Reponses TO:
SENTENCING FACTORS AND MEMORANDUM BY FOREIGN AGENT'S
WITH NO JURIDSICTION AND RACKETEERING ACTIVITY'S by Shane C.
10/25/2010 157 TEXT ORDER
Presently before this Court is the government's 151 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 constitutes 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 of this
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 William M. Skretny, Chief Judge U.S.D.C. on 10/22/2010. (CMD)

(Entered: 10/25/2010)
10/25/2010 159 NOTICE OF HEARING Constitutional Quorum by Shane C. Buczek. (DR)
(Entered: 10/25/2010)
10/25/2010 164 NOTICE OF HEARING Federal Registry Violations by Shane C. Buczek. (DR)
(Entered: 10/26/2010)
10/25/2010 165 AFFIDAVIT OF PETITIONER to Answer governments motion for bail revocation
by Shane C. Buczek (Attachments: # 1 Continuation)(DR) (Entered: 10/26/2010)
10/25/2010 166 Petitioner's Answer to Govt. on his MOTION for Adjournment and Extension of
time for GOOD CAUSE to adjourn sentencing date and Stay of Proceedings by
10/25/2010 167 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: 10/26/2010)
10/26/2010 168 NOTICE OF HEARING SIXTH AMENDMENT by Shane C. Buczek. (DR)
(Entered: 10/27/2010)
10/29/2010 170 NOTICE OF HEARING Constitutional Quorum by Shane C. Buczek. (DR)
(Entered: 11/01/2010)
10/29/2010 171 NOTICE OF HEARING Federal Registry Violations by Shane C. Buczek. (DR)
(Entered: 11/01/2010)
10/29/2010 172 SECOND NOTICE OF MOTION for Adjournment and Extension of Time for
Good Cause to Adjourn Sentencing date and Stay of Proceedings by Shane C.
Buczek. (CMD) (Entered: 11/01/2010)
10/29/2010 173 SECOND AMENDED Petitioner's Answer to MOTION for Adjournment and
Extension of time for GOOD CAUSE to adjourn sentencing date and Stay of
Proceeding by Shane C. Buczek. (DR) (Entered: 11/01/2010)
10/29/2010 174 NOTICE OF HEARING Counterfeit Security Fraud by Shane C. Buczek. (DR)
(Entered: 11/01/2010)
11/01/2010 169 TEXT ORDER
Defendant seeks a 90−day adjournment of his previously−scheduled November 5,

2010, sentencing date. He maintains that he has "new evidence" and that an
adjournment is necessary to allow for evidentiary hearings on the government's
standing to bring criminal charges against him and the propriety of this Court's
jurisdiction. Defendant will apparently seek to prove his Quorum Clause and
redemption theories through evidence and witness testimony. Defendant wishes to
prove that an entity other than the government − the "holder−in−due−course" of
original instruments − is the party with proper standing. This and other courts have
repeatedly rejected this brand of theories.
Defendant's 136 Motion for Adjournment is denied. Defendant does not allege any
new evidence going to the substance of his convictions or that would possibly
merit a new trial. Defendant has raised his Quorum Clause and redemption theories
throughout this case and they have been rejected at every turn. 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 11/1/2010.
(MEAL) (Entered: 11/01/2010)

11/01/2010 175 Affidavit and Motion For and Notice of Default Judgment in that Government has
failed to Respond in a timely Manner to Petitioner's Post Trial Motions in violation
of Rule 55 and Rule 8(d) FR.Cv.P. Effect of failure to Denied by Shane C. Buczek.
(DR) (Entered: 11/02/2010)
11/01/2010 176 MANDATORY JUDICIAL NOTICE Of AFFIDAVIT or AFFIRMATION of
TRUTH TO THE CLERK OF COURT by Shane C. Buczek..(DR) (Entered:
11/02/2010)
11/01/2010 177 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)
(Entered: 11/02/2010)
11/02/2010 178 MOTION and NOTICE OF MOTION For Dismiss for Prosecutorial misconduct
And NOTICE And DEMAND to Answer and prove they have Subject Matter
Jurisdiction in all three cases ANSWER WITHIN THREE DAYS by Shane C.
11/02/2010 179 MOTION AND AFFIDAVIT Prosecutorial misconduct And NOTICE and
DEMAND 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)
11/02/2010 180 MOTION and NOTICE OF MOTION For Reconsideration and Affidavit to Rebut
Judicial Order denying adjournment for sentencing And time for Evidentiary
Hearing For GOOD CAUSE And DEMAND for PROOF by Shane C. Buczek.
(DR) (Entered: 11/03/2010)
11/02/2010 181 MOTION FOR RECONSIDERATION AND AFFIDAVIT TO REBUT
JUDICIAL ORDER DENYING ADJOURMENT FOR SENTENCING AND
TIME FOR EVIDENTIARY HEARINGS for GOOD CAUSE &DEMAND for
PROOF and ANSWER WITHIN THREE DAYS by Shane C. Buczek. (DR)
(Entered: 11/03/2010)
11/03/2010 182 TEXT ORDER as to Shane C. Buczek.
IT HEREBY IS ORDERED, that Defendant's 172 Second Motion to Adjourn

Sentencing is DENIED. FURTHER, that Defendant's 180 181 Motions for
Reconsideration of this Court's denial of his first 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)

11/03/2010 183 ORDER as to Shane C. Buczek DENYING Defendant's 89 92 103 104 107 108
111 112 113 114 115 116 117] 118 119 120 121 122 123 124 125 128 129 131 132
133 134 135 138 139 140 148 149 150 156 176 177 99 106 100 105 126 130 127
160 161 154 175 Motions as specified. Signed by William M. Skretny, Chief Judge
U.S.D.C. on 11/3/2010.(MEAL) (Entered: 11/03/2010)
11/04/2010 184 TEXT ORDER
Defendant has moved for dismissal of the three indictments against him based on
alleged prosecutorial misconduct. Defendant has already been convicted on all
three indictments and awaits sentencing. In sum, the basis of Defendant's motion is
that the prosecutors proceeded with the criminal cases in the absence of proper
subject−matter jurisdiction. Defendant again relies on his Quorum Clause
arguments, which hold no merit and have been repeatedly rejected in this and other
criminal cases. Defendant's 178 179 motions are therefore DENIED. SO
ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/4/2010.
(CMD) (Entered: 11/04/2010)
11/04/2010 185 TEXT ORDER
On March 25, 2010, Defendant entered a guilty plea that encompassed Count 1 of
the Indictment in this case: a violation of 18 U.S.C. 401(3) (contempt of court).
Defendant has moved for vacate his plea and to dismiss the indictment in this case
on the grounds that 18 U.S.C. 401(3) is not an indictable offense. Defendant does
not cite any legal authority to support his position, which appears to be based
solely on his personal interpretation of the statute. Because 18 U.S.C. 401 is a
properly−enacted criminal statute, it constitutes an indictable offense.
Consequently, there is no basis to vacate Defendant's guilty plea or dismiss the
indictment. Defendant's 97 motion is DENIED.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/4/2010. (CMD)

(Entered: 11/04/2010)
11/05/2010 186 Minute Entry for proceedings held before William M. Skretny, Chief Judge:
Sentencing held on 11/5/2010 for Shane Buczek on Count 1 of the Indictment
(Misdemeanor). Presentence report to be sealed − will be made available to counsel
for appeal purposes only. The probation department's recommendation section
which is a part of said presentence report will be kept under separate seal and will
not be accessible to counsel. The Court resolves all outstanding objections to
presentence report and deposes of all collateral issues. Total Offense Level: 17.
Criminal History Category II. The Defendant is sentenced to the custody of the
BOP for a term of 12 months to run concurrent to Count I of 08−CR−54 and Count
1 of 09−CR−121 but consecutive to Count 2 of 09−CR−121S. Upon release from
imprisonment the defendant is placed on supervised release for a term of 1 year to
run concurrent to the term of supervised release imposed in 09−CR−121 and
08−CR−54. While on supervised release the defendant shall abide by the following
conditions: The defendant shall abide by the standard conditions of supervised
release as promulgated in the WDNY. The defendant shall not commit any crimes,
federal, state or local. The defendant shall be prohibited from possessing a firearm
or other dangerous device. Mandatory drug testing imposed. The defendant shall
submit to a search of his person, property, vehicle, place of residence or any other
property under his control and permit confiscation of any evidence or contraband
discovered. No fines, fees or costs imposed. The defendant shall pay a SPA in the
amount of $25.00. The Court imposes sentence as stated. The government moves
for dismissal of the open counts of the indictment as to this defendant. Court grants
same. Court directs preparation of judgment 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:
11/05/2010)
11/09/2010 187 JUDGMENT as to Shane C. Buczek (1), Count(s) 1. Additional certified copies
forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department.
Signed by Hon. William M. Skretny on 11/9/10.(DR) (Entered: 11/09/2010)
11/10/2010 188 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Shane C. Buczek.
(DR) (Entered: 11/10/2010)
11/10/2010 189 Sealed Document as to Shane C. Buczek. (DR) (Entered: 11/10/2010)

Buczek Docket Report 141 9 Nov 2010

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Buczek Docket Report 141 9 Nov 2010

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Case: 1:09-cr-00141-WMS As of: 11/12/2010 02:57 PM EST 1 of 18

Case title: USA v. Buczek Date Filed: 05/07/2009

Assigned to: Hon. William M.

Pending Counts Disposition

Highest Offense Level (Opening)

Terminated Counts Disposition

Highest Offense Level

Date Filed # Docket Text

due 10/26/2009. Redacted Transcript Deadline set for 11/5/2009. Release of

of Transcript Restriction. After that date it may be obtained through PACER.

Defendant has filed several post−conviction motions, each of which is improper

Second, Defendant filed a 73 Motion for Judgment on the Pleadings, wherein he

Third, Defendant filed a 74 Motion to Take Judicial Notice, wherein he requests

Finally, Defendant has filed a 80 Challenge to Subject Matter Jurisdiction, which

Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/19/2010.(MEAL)

SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on

Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/25/2010. (MEAL)

case, cannot reasonably be construed as a threat against a federal official. The

Issued by William M. Skretny, Chief Judge U.S.D.C. on 10/22/2010. (CMD)

Defendant seeks a 90−day adjournment of his previously−scheduled November 5,

Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/1/2010.

(MEAL) (Entered: 11/01/2010)

IT HEREBY IS ORDERED, that Defendant's 172 Second Motion to Adjourn

Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/3/2010.

(MEAL) (Entered: 11/03/2010)

Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/4/2010. (CMD)

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