Case: 3:09-cr-00117-JAJ-TJS

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U.S. District Court United States District Court for the Southern District of Iowa (Davenport) CRIMINAL DOCKET FOR CASE #: 3:09cr00117JAJTJS1
Case title: USA v. Demuth Assigned to: Judge John A. Jarvey Referred to: Magistrate Judge Thomas J. Shields Defendant (1) Scott Ryan Demuth represented by Michael Edward Deutsch PEOPLE'S LAW OFFICE 1180 N. Milwaukee Avenue Chicago, IL 60642 7732350070 Email: michaeled45@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Barbara Ann Nimis LAW OFFICES OF BARBARA ANN NIMIS 350 River Road P.O. Box 50812 Mendota, MN 55150 6514521474 Fax: 6514546751 Email: bnimis@yahoo.com PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained James Bryson Clements Clements Law Office 1503 BRADY ST DAVENPORT, IA 528034622 563 323 9715 Fax: 563 323 7452 Email: jbclements@iabar.org TERMINATED: 02/01/2010 ATTORNEY TO BE NOTICED Designation: CJA Appointment Terence L McAtee IOWA FEDERAL PUBLIC DEFENDER 101 W 2ND ST STE 401 DAVENPORT, IA 528011815 5633228931 Fax: 5633830052 Email: terry_mcatee@fd.org TERMINATED: 11/20/2009 Designation: Public Defender or Community Defender Appointment Pending Counts CONSPIRACY 18:43(a) &43(b)(2) Conspiracy (1) Disposition Date Filed: 11/18/2009

Case: 3:09-cr-00117-JAJ-TJS
FORCE, VIOLENCE AND THREATS INVOLVING ANIMAL ENTERPRISES 18:43(a) &43(b)(2) Conspiracy (1s) FORCE, VIOLENCE AND THREATS INVOLVING ANIMAL ENTERPRISES; 18:43(a), (b)(2); Conspiracy (1ss) Highest Offense Level (Opening) Felony Terminated Counts None Highest Offense Level (Terminated) None Complaints None

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Disposition

Disposition

Plaintiff USA represented by Clifford R Cronk U S Attorney's Office U.S. Courthouse Suite 310 131 East 4th Street Davenport, IA 52801 563 449 5432 Fax: 563 449 5433 Email: Cliff.Cronk@USDOJ.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED # Docket Text

Date Filed 05/24/2010

122 MOTION to Dismiss Second Superseding Indictment by Scott Ryan Demuth. Responses due by 6/10/2010 (Attachments: # 1 Attachment)(Deutsch, Michael) (Entered: 05/24/2010) 121 MOTION for Bill of Particulars Renewed Motion for Bill of Particulars by Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 6/10/2010 (Deutsch, Michael) (Entered: 05/24/2010) 120 REPLY TO RESPONSE to Motion by Scott Ryan Demuth re 96 MOTION to Dismiss Second Superseding Indictment for Prosecutorial Misconduct (Deutsch, Michael) (Entered: 05/13/2010) 119 REPLY TO RESPONSE to Motion by Scott Ryan Demuth re 87 MOTION to Dismiss Based on Vindictive Prosecution (Deutsch, Michael) (Entered: 05/13/2010) 118 MOTION for Discovery on Second Superseding Indictment by Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 6/1/2010 (Deutsch, Michael) (Entered: 05/12/2010)

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117 REPLY TO RESPONSE to Motion by Scott Ryan Demuth re 85 MOTION to Suppress Search of Scott DeMuth's Residence Under Franks v. Delaware (Deutsch, Michael) (Entered: 05/10/2010) 116 REPLY TO RESPONSE to Motion by Scott Ryan Demuth re 86 MOTION to Suppress Certain Evidence Seized at Residence Based on Lack of Probable Cause and Violation of 4th Amendment and Lack of Particularity (Deutsch, Michael) (Entered: 05/10/2010) 115 REPLY TO RESPONSE to Motion by Scott Ryan Demuth re 89 MOTION to Suppress MOTION TO SUPPRESS EVIDENCE SEIZED FROM SCOTT DEMUTH'S COMPUTER (Deutsch, Michael) (Entered: 05/10/2010) 114 TEXT ONLY ORDER granting 112 Motion for Extension of Time to File Response as to Scott Ryan Demuth (1). Signed by Judge John A. Jarvey on 5/5/2010. (mem) (Entered: 05/05/2010) 113 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 89 MOTION to Suppress MOTION TO SUPPRESS EVIDENCE SEIZED FROM SCOTT DEMUTH'S COMPUTER Replies due by 5/17/2010. (Cronk, Clifford) (Entered: 05/05/2010) 112 MOTION for Extension by USA as to Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 5/24/2010 (Cronk, Clifford) (Entered: 05/05/2010) 111 TEXT ONLY ORDER granting 109 Motion for Extension of Time to File Response as to Scott Ryan Demuth (1). Signed by Judge John A. Jarvey on 5/4/2010. (mem) (Entered: 05/04/2010) 110 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 86 MOTION to Suppress Certain Evidence Seized at Residence Based on Lack of Probable Cause and Violation of 4th Amendment Replies due by 5/14/2010. (Cronk, Clifford) (Entered: 05/04/2010) 109 MOTION for Extension by USA as to Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 5/21/2010 (Cronk, Clifford) (Entered: 05/04/2010) 108 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 88 MOTION to Suppress MOTION TO SUPPRESS MYSPACE MESSAGES SUBPOENAED BY PROSECUTION Replies due by 5/13/2010. (Cronk, Clifford) (Entered: 05/03/2010) 107 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 87 MOTION to Dismiss Based on Vindictive Prosecution Replies due by 5/13/2010. (Cronk, Clifford) (Entered: 05/03/2010) 106 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 85 MOTION to Suppress Search of Scott DeMuth's Residence Under Franks v. Delaware Replies due by 5/13/2010. (Cronk, Clifford) (Entered: 05/03/2010) 105 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 96 MOTION to Dismiss Second Superseding Indictment for Prosecutorial Misconduct Replies due by 5/13/2010. (Cronk, Clifford) (Entered: 05/03/2010) 104 TEXT ORDER granting 103 Motion for Extension as to Scott Ryan Demuth. Signed by Judge John A. Jarvey on 04/29/10. (bp ) (Entered: 04/29/2010) 103 MOTION for Extension by USA as to Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 5/17/2010 (Cronk, Clifford) (Entered: 04/29/2010) 102 ORDER regarding trial set for September 13, 2010 for Defendant Scott Ryan Demuth. Signed by Magistrate Judge Thomas J. Shields on 4/21/2010. (dam) (Entered: 04/21/2010) 101 TRIAL AND SCHEDULING ORDER as to Scott Ryan Demuth: Jury Trial set for 9/13/2010 at 9:00 AM at the Davenport Courthouse before Judge John A. Jarvey.

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Discovery due by 5/7/2010. Reciprocal Discovery due by 5/28/2010. Pretrial Motions due by 8/6/2010. Pretrial Conference set for 8/23/2010 at 11:00 AM at the Davenport Courthouse before Magistrate Judge Thomas J. Shields. Signed by Magistrate Judge Thomas J. Shields on 4/21/2010. (dam) (Entered: 04/21/2010) 04/21/2010 100 Text Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Status Conference as to Scott Ryan Demuth held on 4/21/2010. Defendant is present and with counsel, M. Deutsch and B. Nimis. Government present by C. Cronk III. Counsel for defendant present status of case. Government responds. Court sets jury trial for September 13, 2010. Rule 16 deadline set for May 7, 2010. Reciprocal discovery for May 28, 2010. Pretrial motion deadline for August 6, 2010, with a pretrial conference set for August 23, 2010, @ 11:00am before Judge Thomas J. Shields. Court to issue written order. (Court Reporter None.)(Time: 10:00am10:13am) (bp ) (Entered: 04/21/2010) 99 TEXT ORDER SETTING SCHEDULING CONFERENCE: The Court will conduct a telephonic scheduling conference in this case on April 21, 2010 at 10:00 a.m. before Magistrate Judge Thomas J. Shields. The Court and the parties will utilize the Southern Distrit of Iowa Meet Me teleconference system, phone number (515) 2846224, access code 116224. Signed by Magistrate Judge Thomas J. Shields on 4/16/2010. (dam) (Entered: 04/16/2010) 98 TEXT ORDER granting 97 Defendant Scott Ryan Demuth's Motion to Waive Arraignment and Enter Not Guilty Plea on Second Superceding Indictment. Signed by Magistrate Judge Thomas J. Shields on 4/14/2010. (dam) (Entered: 04/14/2010) 97 MOTION for Change of Plea Hearing to Waive Arriagnment and Enter Not Guilty Plea on Second Superceding Indictment by Scott Ryan Demuth. Motions referred to Thomas J. Shields. (Deutsch, Michael) (Entered: 04/14/2010) 96 MOTION to Dismiss Second Superseding Indictment for Prosecutorial Misconduct by Scott Ryan Demuth. Responses due by 5/3/2010 (Deutsch, Michael) (Entered: 04/14/2010) 95 TEXT Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields:Grand Jury Presentment as to Scott Ryan Demuth held on 4/14/2010. Not Secret. Notice to issue. Gov. requested Bond. (Court Reporter None.) (rmj) (Entered: 04/14/2010) 94 REDACTED SECOND SUPERSEDING INDICTMENT by USA as to Scott Ryan Demuth. (rmj) (Entered: 04/14/2010) 93 SEALED SECOND SUPERSEDING INDICTMENT as to Scott Ryan Demuth as to Count 1ss. (rmj) (Entered: 04/14/2010) 92 Text Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Pretrial Conference as to Scott Ryan Demuth held on 4/12/2010. Present are C. Cronk, M. Deutsch and B. Nimis. Counsel presents a status of case. Court grants the motion to extend time to respond to pending motions. All responses on the pending motions are due on or by April 29, 2010. Court will issue a written order regarding the motion to continue trial. (Court Reporter FTR Gold 140.)(Time: 11:00am11:15am) (bp ) (Entered: 04/12/2010) 91 MOTION for Extension OF TIME TO FILE RESPONSES TO MOTIONS AND TO CONTINUE THE TRIAL by USA as to Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 4/26/2010 (Cronk, Clifford) (Entered: 04/09/2010) 90 NOTICE of Intent to Use Evidence as to Scott Ryan Demuth (Cronk, Clifford) (Entered: 04/09/2010) 89 MOTION to Suppress MOTION TO SUPPRESS EVIDENCE SEIZED FROM SCOTT DEMUTH'S COMPUTER by Scott Ryan Demuth. Responses due by 4/26/2010 (Attachments: # 1 Exhibit, # 2 Exhibit)(Deutsch, Michael) (Entered: 04/08/2010) 88 MOTION to Suppress MOTION TO SUPPRESS MYSPACE MESSAGES SUBPOENAED BY PROSECUTION by Scott Ryan Demuth. Responses due by

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4/26/2010 (Deutsch, Michael) (Entered: 04/08/2010) 04/06/2010 04/06/2010 87 MOTION to Dismiss Based on Vindictive Prosecution by Scott Ryan Demuth. Responses due by 4/23/2010 (Deutsch, Michael) (Entered: 04/06/2010) 86 MOTION to Suppress Certain Evidence Seized at Residence Based on Lack of Probable Cause and Violation of 4th Amendment by Scott Ryan Demuth. Responses due by 4/23/2010 (Attachments: # 1 Exhibit 1)(Deutsch, Michael) (Entered: 04/06/2010) 85 MOTION to Suppress Search of Scott DeMuth's Residence Under Franks v. Delaware by Scott Ryan Demuth. Responses due by 4/23/2010 (Attachments: # 1 Exhibit 110)(Deutsch, Michael) (Entered: 04/06/2010) 82 MOTION for Discovery APPLICATION TO TRIAL JUDGE TO RECONSIDER MAGISTRATE'S ORDER by Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 4/15/2010 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Deutsch, Michael) (Entered: 03/29/2010) 81 TEXT ORDER RESETTING TIME OF FINAL PRETRIAL CONFERENCE: The Court RESETS the time of the final pretrial conference for Defendant Scott Ryan Demuth, scheduled for April 12, 2010, to begin at 10:30 a.m., at the U.S. Courthouse, Davenport, before Magistrate Judge Thomas J. Shields.Signed by Magistrate Judge Thomas J. Shields on 3/29/2010. (dam) (Entered: 03/29/2010) 80 ORDER denying 69 Defendant Scott Ryan Demuth's Motion for a Bill of Particulars. Signed by Magistrate Judge Thomas J. Shields on 3/26/2010. (dam) (Entered: 03/26/2010) 79 ORDER denying 68 Defendant Scott Ryan Demuth's Renewed Motion for Rule 12 Notice. Signed by Magistrate Judge Thomas J. Shields on 3/26/2010. (dam) (Entered: 03/26/2010) 78 Warrant of Arrest Returned Executed on 11/18/09 in case as to Scott Ryan Demuth. (rmj) (Entered: 03/26/2010) 77 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 68 MOTION for Discovery Renewed Motion for Rule 12 Notice Replies due by 4/5/2010. (Cronk, Clifford) (Entered: 03/24/2010) 76 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 69 MOTION for Bill of Particulars Replies due by 4/5/2010. (Cronk, Clifford) (Entered: 03/24/2010) 75 MOTION to Dismiss MOTION TO DISMISS SUPERSEDING INDICTMENT by Scott Ryan Demuth. Responses due by 4/9/2010 (Attachments: # 1 Exhibit)(Deutsch, Michael) (Entered: 03/23/2010) 74 MOTION to Dismiss MOTION TO DISMISS INDICTMENT AS A VIOLATION OF THE STATUTE OF LIMITATIONS by Scott Ryan Demuth. Responses due by 4/9/2010 (Deutsch, Michael) (Entered: 03/23/2010) 73 TEXT ORDER granting 72 Defendant Scott Ryan Demuth's Motion to Modify Bail Conditions to Allow Defendant to Meet With Counsel, as set forth in the motion. Any further travel by Defendant Demuth will have to be subject to Court order after a written motion is filed. Signed by Magistrate Judge Thomas J. Shields on 3/23/2010. (dam) (Entered: 03/23/2010) 72 MOTION to Modify Conditions of Release MOTION TO MODIFY BAIL CONDITIONS TO ALLOW DEFENDANT TO MEET WITH COUNSEL by Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 4/5/2010 (Deutsch, Michael) (Entered: 03/18/2010) 71 TEXT ORDER granting 70 Government's Motion for Extension of Time to File Responses to Defendant's Motions. Government granted to and including March 24, 2010 to file its responses to Defendant's Motion for a Bill of Particulars 69 and Defendant's Renewed Motion for Rule 12 Notice 68 . Signed by Magistrate Judge Thomas J. Shields on 3/15/2010. (dam) (Entered: 03/15/2010)

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70 MOTION Extension of Time to File Responses by USA as to Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 4/1/2010 (Cronk, Clifford) (Entered: 03/15/2010) 69 MOTION for Bill of Particulars by Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 3/22/2010 (Deutsch, Michael) (Entered: 03/05/2010) 68 MOTION for Discovery Renewed Motion for Rule 12 Notice by Scott Ryan Demuth. Motions referred to Thomas J. Shields. Responses due by 3/22/2010 (Deutsch, Michael) (Entered: 03/05/2010) 67 ORDER denying 35 Motion for Discovery as to Scott Ryan Demuth (1); denying 38 Motion for Discovery as to Scott Ryan Demuth (1); denying 44 Motion for Disclosure as to Scott Ryan Demuth (1); denying 45 Motion for Disclosure as to Scott Ryan Demuth (1); denying 46 Motion to Produce as to Scott Ryan Demuth (1); granting 47 Motion for Discovery as to Scott Ryan Demuth (1) Signed by Magistrate Judge Thomas J. Shields on 2/25/2010. (dam) (Entered: 02/25/2010) 66 ORDER SETTING TRIAL as to Scott Ryan Demuth. Jury Trial set for 5/3/2010 at 9:00 AM in Room 120, 1st Floor, Davenport, before Judge John A. Jarvey. A pretrial conference shall be held at 8:30 AM each morning with counsel and the defendant. Signed by Judge John A. Jarvey on 2/25/2010. (mem) (Entered: 02/25/2010) 65 ORDER denying as moot 42 , 43 and 48 Motions to Dismiss as to Scott Ryan Demuth (1). Signed by Judge John A. Jarvey on 2/24/2010. (mem) (Entered: 02/24/2010) 64 TEXT ORDER granting 63 Motion for Leave to Appear Pro Hac Vice for attorney, Barbara Ann Nimis as to Scott Ryan Demuth. Signed by Magistrate Judge Thomas J. Shields on 02/24/10. (bp ) (Entered: 02/24/2010) 63 NOTICE OF ATTORNEY APPEARANCE: Michael Edward Deutsch appearing for Scott Ryan Demuth Filing Appearance for Attorney Barbara Nimis (Deutsch, Michael) (Entered: 02/24/2010) 62 Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Motion Hearing as to Scott Ryan Demuth held on 2/23/2010 re 38 MOTION for Discovery RULE 12 MOTION FOR NOTICE OF GOVERNMENT'S INTENT TO USE DISCOVERABLE EVIDENCE AT TRIAL filed by Scott Ryan Demuth, 35 MOTION for Discovery Rule 16 Motion for Discovery filed by Scott Ryan Demuth, 44 MOTION for Disclosure EARLY DISCLOSURE OFF ALL RULE 1006 EXHIBITS AND ALL EVIDENCE UPON WHICH THOSE EXHIBITS ARE BASED filed by Scott Ryan Demuth, 46 MOTION to Produce MOTION FOR THE PRODUCTION OF THE IDENTITY OF ANY WITNESSES WHO ARE GOVERNMENT INFORMANTS FOR THE PURPOSE OF PRE TRIAL INTERVIEWS filed by Scott Ryan Demuth, 47 MOTION for Discovery MOTION FOR GOVERNMENT NOTICE OF ITS INTENT TO INTRODUCE ANY EVIDENCE OF OTHER CRIMES, WRONGS OR BAD ACTS UNDER 404 (b) MOTION for Discovery MOTION FOR GOVERNMENT NOTICE OF ITS INTENT TO INTRODUCE ANY EVIDENCE OF OTHER CRIMES, WRONGS OR BAD ACTS UNDER 404 (b) filed by Scott Ryan Demuth, 45 MOTION for Disclosure OF ANY COMPLAINTS, ARREST WARRANTS, AND SEARCH WARRANTS, WITH SUPPORTING AFFIDAVITS AND INVENTORIES filed by Scott Ryan Demuth. (Court Reporter Linda Egbers.) (bp ) (Entered: 02/23/2010) 61 TEXT ORDER SETTING TRIAL as to Scott Ryan Demuth. Jury Trial set for 5/3/2010 09:00 AM in Davenport Room 242 2nd Floor before Judge John A. Jarvey. Motions due by 4/8/2010. Pretrial Conference set for 4/12/2010 09:00 AM in Davenport Room 140 1st Floor before Magistrate Judge Thomas J. Shields. Signed by Magistrate Judge Thomas J. Shields on 02/23/10. (bp ) (Entered: 02/23/2010) 60 Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Arraignment as to Scott Ryan Demuth on Count 1s held on 2/23/2010. (Court Reporter Linda Egbers.) (bp ) (Entered: 02/23/2010)

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59 REPLY TO RESPONSE to Motion by Scott Ryan Demuth re 44 MOTION for Disclosure EARLY DISCLOSURE OFF ALL RULE 1006 EXHIBITS AND ALL EVIDENCE UPON WHICH THOSE EXHIBITS ARE BASED, 46 MOTION to Produce MOTION FOR THE PRODUCTION OF THE IDENTITY OF ANY WITNESSES WHO ARE GOVERNMENT INFORMANTS FOR THE PURPOSE OF PRE TRIAL INTERVIEWS, 45 MOTION for Disclosure OF ANY COMPLAINTS, ARREST WARRANTS, AND SEARCH WARRANTS, WITH SUPPORTING AFFIDAVITS AND INVENTORIES (CORRECTED REPLY) (Deutsch, Michael) (Entered: 02/19/2010) 58 REPLY TO RESPONSE to Motion by Scott Ryan Demuth re 46 MOTION to Produce MOTION FOR THE PRODUCTION OF THE IDENTITY OF ANY WITNESSES WHO ARE GOVERNMENT INFORMANTS FOR THE PURPOSE OF PRE TRIAL INTERVIEWS (Deutsch, Michael) (Entered: 02/19/2010) 57 REPLY TO RESPONSE to Motion by Scott Ryan Demuth re 47 MOTION for Discovery MOTION FOR GOVERNMENT NOTICE OF ITS INTENT TO INTRODUCE ANY EVIDENCE OF OTHER CRIMES, WRONGS OR BAD ACTS UNDER 404 (b) MOTION for Discovery MOTION FOR GOVERNMENT NOTICE OF ITS INTENT TO INTRODUCE ANY EVIDENCE OF OTHER CRIMES, WRONGS OR BAD ACTS UNDER 404 (b) (Deutsch, Michael) (Entered: 02/19/2010) 56 Text Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Grand Jury Presentment as to Scott Ryan Demuth held on 2/17/2010. Not Secret, Notice to issue, Gov't requested bond. Government present by AUSA Clifford Cronk III. ***Arraignment set for 2/23/2010 11:00 AM in Davenport Room 140 1st Floor before Magistrate Judge Thomas J. Shields.***(Court Reporter None.)(Time: 5:32pm5:37pm) (bp/bp) (Entered: 02/18/2010) 55 REDACTED SUPERSEDING INDICTMENT by USA as to Scott Ryan Demuth. (bp ) (Entered: 02/18/2010) 54 SEALED SUPERSEDING INDICTMENT as to Scott Ryan Demuth on count 1s. (bp ) (Entered: 02/18/2010) 53 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 47 MOTION for Discovery MOTION FOR GOVERNMENT NOTICE OF ITS INTENT TO INTRODUCE ANY EVIDENCE OF OTHER CRIMES, WRONGS OR BAD ACTS UNDER 404 (b) MOTION for Discovery MOTION FOR GOVERNMENT NOTICE OF ITS INTENT TO INTRODUCE ANY EVIDENCE OF OTHER CRIMES, WRONGS OR BAD ACTS UNDER 404 (b) Replies due by 2/26/2010. (Cronk, Clifford) (Entered: 02/16/2010) 52 RESPONSE in Opposition/Resistance by USA as to Scott Ryan Demuth re 38 MOTION for Discovery RULE 12 MOTION FOR NOTICE OF GOVERNMENT'S INTENT TO USE DISCOVERABLE EVIDENCE AT TRIAL, 44 MOTION for Disclosure EARLY DISCLOSURE OFF ALL RULE 1006 EXHIBITS AND ALL EVIDENCE UPON WHICH THOSE EXHIBITS ARE BASED, 46 MOTION to Produce MOTION FOR THE PRODUCTION OF THE IDENTITY OF ANY WITNESSES WHO ARE GOVERNMENT INFORMANTS FOR THE PURPOSE OF PRE TRIAL INTERVIEWS, 45 MOTION for Disclosure OF ANY COMPLAINTS, ARREST WARRANTS, AND SEARCH WARRANTS, WITH SUPPORTING AFFIDAVITS AND INVENTORIES Replies due by 2/26/2010. (Cronk, Clifford) (Entered: 02/16/2010) 51 ORDER TO CONTINUE Ends of Justice as to Defendant Scott Ryan Demuth. Jury Trial set for 5/3/2010 09:00 AM in Davenport Room 120 1st Floor before Judge John A. Jarvey. Signed by Magistrate Judge Thomas J. Shields on 2/8/2010. (bp ) (Entered: 02/08/2010) 50 TEXT ORDER SETTING HEARING ON MOTIONS as to Scott Ryan Demuth; 27 MOTION for Extension Motion for Extension of time to file pretrial motions, 47 MOTION for Discovery MOTION FOR GOVERNMENT NOTICE OF ITS INTENT TO INTRODUCE ANY EVIDENCE OF OTHER CRIMES, WRONGS OR BAD ACTS UNDER 404 (b) MOTION for Discovery MOTION FOR GOVERNMENT NOTICE OF ITS INTENT TO INTRODUCE ANY EVIDENCE OF

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OTHER CRIMES, WRONGS OR BAD ACTS UNDER 404 (b), 38 MOTION for Discovery RULE 12 MOTION FOR NOTICE OF GOVERNMENT'S INTENT TO USE DISCOVERABLE EVIDENCE AT TRIAL, 44 MOTION for Disclosure EARLY DISCLOSURE OFF ALL RULE 1006 EXHIBITS AND ALL EVIDENCE UPON WHICH THOSE EXHIBITS ARE BASED, 35 MOTION for Discovery Rule 16 Motion for Discovery, 46 MOTION to Produce MOTION FOR THE PRODUCTION OF THE IDENTITY OF ANY WITNESSES WHO ARE GOVERNMENT INFORMANTS FOR THE PURPOSE OF PRE TRIAL INTERVIEWS, 45 MOTION for Disclosure OF ANY COMPLAINTS, ARREST WARRANTS, AND SEARCH WARRANTS, WITH SUPPORTING AFFIDAVITS AND INVENTORIES : Motion Hearing set for 2/23/2010 11:00 AM in Davenport Room 140 1st Floor before Magistrate Judge Thomas J. Shields. Signed by Magistrate Judge Thomas J. Shields on 2/8/2010. (bp ) (Entered: 02/08/2010) 02/08/2010 49 Text Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Pretrial Conference as to Scott Ryan Demuth held on 2/8/2010. Present are C. Cronk and M. Deutsch. Counsel present status of case. Government has until February 16, 2010, to respond to pending motions and defendant has until February 22, 2010, to file a reply to governments response. Court will conduct a hearing on pleading #27, 35, 38, 44, 45, 46 &47 on February 23, 2010, @ 11:00am. Counsel for defendant filed a written motion to continue. Court grants the motion and continues the trial until the May 3, 2010, trial setting. The Court sets a pretrial motion deadline of April 8, 2010, and the next pretrial conference is April 12, 2010, at 9:00am. (Court Reporter FTR Gold 140.)(Time: 10:11am10:16am) (bp ) (Entered: 02/08/2010) 48 MOTION to Dismiss Indictment by Scott Ryan Demuth. Responses due by 2/22/2010 (Deutsch, Michael) (Entered: 02/04/2010) 47 MOTION for Discovery MOTION FOR GOVERNMENT NOTICE OF ITS INTENT TO INTRODUCE ANY EVIDENCE OF OTHER CRIMES, WRONGS OR BAD ACTS UNDER 404 (b) Motions referred to Thomas J. Shields. by Scott Ryan Demuth. Responses due by 2/22/2010 (Deutsch, Michael) (Entered: 02/04/2010) 46 MOTION to Produce MOTION FOR THE PRODUCTION OF THE IDENTITY OF ANY WITNESSES WHO ARE GOVERNMENT INFORMANTS FOR THE PURPOSE OF PRE TRIAL INTERVIEWS Motions referred to Thomas J. Shields. by Scott Ryan Demuth. Responses due by 2/22/2010 (Deutsch, Michael) (Entered: 02/04/2010) 45 MOTION for Disclosure OF ANY COMPLAINTS, ARREST WARRANTS, AND SEARCH WARRANTS, WITH SUPPORTING AFFIDAVITS AND INVENTORIES Motions referred to Thomas J. Shields. by Scott Ryan Demuth. Responses due by 2/22/2010 (Deutsch, Michael) (Entered: 02/04/2010) 44 MOTION for Disclosure EARLY DISCLOSURE OFF ALL RULE 1006 EXHIBITS AND ALL EVIDENCE UPON WHICH THOSE EXHIBITS ARE BASED Motions referred to Thomas J. Shields. by Scott Ryan Demuth. Responses due by 2/22/2010 (Deutsch, Michael) (Entered: 02/04/2010) 43 MOTION to Dismiss Indictment as a Violation of the Statute of Limitations by Scott Ryan Demuth. Responses due by 2/22/2010 (Deutsch, Michael) (Entered: 02/04/2010) 42 MOTION to Dismiss For Violation of Prohibition of Ex Post Facto Laws by Scott Ryan Demuth. Responses due by 2/22/2010 (Deutsch, Michael) (Entered: 02/04/2010) 41 NOTICE OF INTENT TO FILE A MOTION TO SUPPRESS as to Scott Ryan Demuth (Deutsch, Michael) (Entered: 02/04/2010) 40 MOTION for Leave to File Additional Motions and to Supplement Filed Motions referred to Thomas J. Shields. by Scott Ryan Demuth. (Deutsch, Michael) (Entered: 02/04/2010) 39 NOTICE OF INTENT TO CHALLENGE CONSTITUTIONALITY OF STATUTE AS APPLIED TO THE DEFENDANT as to Scott Ryan Demuth (Deutsch, Michael)

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(Entered: 02/04/2010) 02/01/2010 38 MOTION for Discovery RULE 12 MOTION FOR NOTICE OF GOVERNMENT'S INTENT TO USE DISCOVERABLE EVIDENCE AT TRIAL Motions referred to Thomas J. Shields. by Scott Ryan Demuth. Responses due by 2/18/2010 (Deutsch, Michael) (Entered: 02/01/2010) 37 TEXT ORDER granting 29 James Bryson Clements' Motion to Withdraw as Attorney as to Scott Ryan Demuth. Signed by Magistrate Judge Thomas J. Shields on 2/1/2010. (dam) (Entered: 02/01/2010) 36 NOTICE OF FILING Renewed Motion for a Continuance of the Trail Date and a Motion for Discovery as to Scott Ryan Demuth re 35 MOTION for Discovery Rule 16 Motion for Discovery, 34 Second MOTION to Continue Trial Renewed Motion for a Continuance of the Trial Date (Deutsch, Michael) (Entered: 01/28/2010) 35 MOTION for Discovery Rule 16 Motion for Discovery Motions referred to Thomas J. Shields. by Scott Ryan Demuth. Responses due by 2/16/2010 (Deutsch, Michael) (Entered: 01/28/2010) 34 Second MOTION to Continue Trial Renewed Motion for a Continuance of the Trial Date Motions referred to Thomas J. Shields. by Scott Ryan Demuth. (Deutsch, Michael) (Entered: 01/28/2010) 33 ORDER denying 31 Defendant Scott Ryan Demuth's Motion for Continuance of Trial. Signed by Magistrate Judge Thomas J. Shields on 1/27/2010. (dam) (Entered: 01/27/2010) 32 NOTICE of Filing as to Scott Ryan Demuth re 31 MOTION to Continue Trial (Deutsch, Michael) (Entered: 01/25/2010) 31 MOTION to Continue Trial Motions referred to Thomas J. Shields. by Scott Ryan Demuth. (Deutsch, Michael) (Entered: 01/25/2010) 30 TEXT ORDER granting 26 Motion for Leave to Appear Pro Hac Vice as to Michael E. Deutsch. as to Scott Ryan Demuth. Signed by D. Hanghian for Clerk Marjorie Krahn on 1/14/2010. (dmh) (Entered: 01/14/2010) 29 MOTION for Withdrawal of Attorney Motions referred to Thomas J. Shields. by Scott Ryan Demuth. (Clements, James) (Entered: 01/14/2010) 28 NOTICE Of Motion as to Scott Ryan Demuth re 26 MOTION for Leave to Appear Motion for Admission Pro Hac Vice Attorney: Michael E Deutsch., 27 MOTION for Extension Motion for Extension of time to file pretrial motions (Deutsch, Michael) (Entered: 01/14/2010) 27 MOTION for Extension Motion for Extension of time to file pretrial motions Motions referred to Thomas J. Shields. by Scott Ryan Demuth. Responses due by 2/1/2010 (Deutsch, Michael) (Entered: 01/14/2010) 26 MOTION for Leave to Appear Motion for Admission Pro Hac Vice Attorney: Michael E Deutsch. Motions referred to Thomas J. Shields. by Scott Ryan Demuth. (Deutsch, Michael) (Entered: 01/14/2010) 24 ORDER FOR APPOINTMENT OF COUNSEL as to Scott Ryan Demuth. Signed by Magistrate Judge Thomas J. Shields on 12/11/09. (bp ) (Entered: 12/11/2009) 22 ORDER denying 17 Motion for Revocation of Release Order as to Scott Ryan Demuth (1). Signed by Judge John A. Jarvey on 11/30/2009. (mem) (Entered: 11/30/2009) 21 TRANSCRIPT of Proceedings as to Scott Ryan Demuth re 11 Detention Hearing, 9 Arraignment, held on 11/20/2009 before Judge Thomas J Shields. Page Nos: 43. Court Reporter Heidi Krafka, Telephone number 5639558400. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 12/16/2009. Redacted Transcript Deadline set for 12/28/2009. Release of Transcript Restriction set for 2/23/2010. (rmj) (Entered: 11/25/2009)

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Case: 3:09-cr-00117-JAJ-TJS
11/25/2009

As of: 05/24/2010 05:51 PM CDT

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20 TEXT ORDER: ORDER NUNC PRO TUNC. The order continuing temporary stay of release entered this date 18 is modified to state the temporary stay order of Judge Shields remains in effect until 4:00 p.m. on Monday, November 30, 2009. Signed by Magistrate Judge Ross A. Walters on 11/25/2009. (nsr) (Entered: 11/25/2009) 19 Minute Entry for proceedings held before Magistrate Judge Ross A. Walters. Motion Hearing as to Scott Ryan Demuth held on 11/25/2009 re 14 Motion to Stay Release re 13 Order on Motion for Detention filed by USA. (Court Reporter Kelli Mulcahy) (dmh) (Entered: 11/25/2009) 18 ORDER CONTINUING TEMPORARY STAY OF RELEASE until 3:00 p.m. on 11/30/2009 as to Scott Ryan Demuth. Signed by Magistrate Judge Ross A. Walters on 11/25/2009. (nsr) (Entered: 11/25/2009) 17 MOTION Revocation of Release Order Motions referred to Thomas J. Shields. by USA as to Scott Ryan Demuth. Responses due by 12/7/2009 (Cronk, Clifford) (Entered: 11/25/2009) 16 TEXT ORDER: The Court, by Judge Shields, this date entered an order releasing defendant DeMuth on conditions of release. The government promptly filed a motion for emergency stay of the release order. I am advised Judge Shields has entered an order granting the motion for emergency stay until noon tomorrow. I will have a telephone conference with counsel concerning whether to extend the stay period tomorrow at 10:30 a.m. Counsel shall call the Court's conference line at 2846267 and enter code 116267. Signed by Magistrate Judge Ross A. Walters on 11/24/2009. (nsr) (Entered: 11/24/2009) 15 TEXT ORDER: The Court grants the Government's Motion for Emergency Stay of Release Order 14 until 12:00 noon on November 25, 2009 as to Scott Ryan Demuth. Signed by Magistrate Judge Thomas J. Shields on 11/24/2009. (dam) (Entered: 11/24/2009) 14 MOTION STAY RELEASE re 13 Order on Motion for Detention Motions referred to Thomas J. Shields. by USA as to Scott Ryan Demuth. Responses due by 12/7/2009 (Cronk, Clifford) (Entered: 11/24/2009) 13 ORDER denying 6 Motion for Detention as to Scott Ryan Demuth. Defendant released on bond with conditions [see order for specifics]. Signed by Magistrate Judge Thomas J. Shields on 11/24/2009. (dam) (Entered: 11/24/2009) 12 CJA 20 as to Scott Ryan Demuth: Appointment of Attorney James Bryson Clements for Scott Ryan Demuth. Signed by Brian Phillips, Deputy Clerk for Marjorie Krahn on 11/24/09. (bp ) (Entered: 11/24/2009) 11 Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields. Detention Hearing as to Scott Ryan Demuth held on 11/20/2009. (Court Reporter Heidi Krafka) (dmh) (Modified 11/20/09 to change Exhibit "A" to Exhibit "1"). dmh. (Entered: 11/20/2009) 10 TEXT ORDER SETTING TRIAL as to Scott Ryan Demuth. Jury Trial set for 3/1/2010 at 09:00 AM in Davenport Room 120 1st Floor before Judge John A. Jarvey. Discovery due by 12/4/2009. Reciprocal Discovery due by 12/18/2009. Motions due by 2/4/2010. Pretrial Conference set for 2/8/2010 at 09:00 AM in Davenport Room 140 1st Floor before Magistrate Judge Thomas J. Shields. Signed by Magistrate Judge Thomas J. Shields on 11/20/2009. (dmh) (Entered: 11/20/2009) 9 Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields. Arraignment as to Scott Ryan Demuth on Count 1 held on 11/20/2009. (Court Reporter Heidi Krafka) (dmh). Modified on 11/23/2009 to include excludable time from 1/4/10 to 3/1/10. (dmh) (Entered: 11/20/2009) Attorney update in case as to Scott Ryan Demuth. Attorney James Bryson Clements for Scott Ryan Demuth added. (bp ) (Entered: 11/20/2009) 8 Warrant of Arrest Returned Executed on 11/19/09 in case as to Scott Ryan Demuth. (bp) (Entered: 11/19/2009)

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Case: 3:09-cr-00117-JAJ-TJS
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7 TEMPORARY ORDER OF DETENTION as to Scott Ryan Demuth. Detention Hearing set for 11/20/2009 12:00 PM in Davenport Room 140 1st Floor before Magistrate Judge Thomas J. Shields. Signed by Magistrate Judge Thomas J. Shields on 11/19/09. (bp ) (Entered: 11/19/2009) 6 ORAL MOTION for Detention by USA as to Scott Ryan Demuth. (bp) (Entered: 11/19/2009) 5 Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Initial Appearance as to Defendant Scott Ryan Demuth held on 11/19/2009. Attorney Terence McAtee for defendant. Arraignment set for 11/20/2009 12:00 PM in Davenport Room 140 1st Floor before Magistrate Judge Thomas J. Shields. (Court Reporter FTR Gold.) (bp ) (Entered: 11/19/2009) Arrest of Scott Ryan Demuth (bp ) (Entered: 11/19/2009) Case unsealed as to Scott Ryan Demuth (bp ) (Entered: 11/19/2009) Judge update in case as to Scott Ryan Demuth. Judge John A. Jarvey and Magistrate Judge Thomas J. Shields added. (bp ) (Entered: 11/19/2009) 3 Text Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Grand Jury Presentment as to Scott Ryan Demuth held on 11/18/2009. Not Secret, Warrant to issue, Gov't requested detention. Government present by AUSA Richard Westphal. (Court Reporter None.)(Time: 6:01pm6:06pm) (bp ) (Entered: 11/19/2009) 2 REDACTED INDICTMENT by USA as to Scott Ryan Demuth. (bp ) (Entered: 11/19/2009) 1 SEALED INDICTMENT as to Scott Ryan Demuth on count 1. (bp ) (Entered: 11/19/2009)

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