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FPD, LODGED_DOC

Electronic Case Filing System District of Utah (Central) CRIMINAL DOCKET FOR CASE #: 2:09−cr−00119−DB−2

Case title: USA v. Viehl et al

Date Filed: 03/04/2009

Assigned to: Judge Dee Benson

Defendant (2)

Alex Jason Hall

represented by Grant W.P. Morrison MORRISON &MORRISON

 

352

E 900 S

SALT LAKE CITY , UT 84111

(801)3597999

Email: gwpmorrison@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Wendy M. Lewis UTAH FEDERAL DEFENDER OFFICE 46 W BROADWAY STE 110 SALT LAKE CITY , UT 84101

(801)524−4010

Email: wendy_lewis@fd.org TERMINATED: 05/01/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment

John K. Johnson

712

E 10TH AVE

SALT LAKE CITY , UT 84103

(801)915−2616

Email: jkjohnson1080@hotmail.com ATTORNEY TO BE NOTICED Designation: Retained

Matthew G. Morrison MORRISON &MORRISON

352

E 900 S

SALT LAKE CITY , UT 84111

(801)3597999

Email: mgmorrison.law@gmail.com ATTORNEY TO BE NOTICED Designation: Retained

Pending Counts

Disposition

18:43(a)TRANSPORTATION OF WILDLIFE TAKEN IN VIOLATION OF LAWS/Damage and Interference with Animal Enterprises and 18:2 Aiding and Abetting

(1)

18:43(a) FORCE, VIOLENCE, AND THREATS INVOLVING ANIMAL ENTERPRISES/Damage and Interference with Animal Enterprises

and 18:2 Aiding and Abetting

(2)

Highest Offense Level (Opening)

Felony

Terminated Counts

Disposition

None

Highest Offense Level (Terminated)

None

Complaints

Disposition

None

Notice Party

Cecelia Swainston

Plaintiff

USA

represented by John W. Huber US ATTORNEY'S OFFICE (UT) SALT LAKE CITY , UT 00000

(801)5245682

Email: john.huber@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

03/04/2009

1

SEALED INDICTMENT as to William James Viehl (1) count(s) 1, 2, Alex Jason Hall (2) count(s) 1, 2. Assigned to Judge Dee Benson (rak) (Entered: 03/05/2009)

03/05/2009

3

Order to Unseal Indictment as to William James Viehl, Alex Jason Hall Magistrate Judge Brooke C. Wells on 3/5/09. (rak) (Entered: 03/05/2009)

Signed by

03/05/2009

4

NOTICE OF Unsealing Criminal Case as to William James Viehl, Alex Jason Hall (rak) (Entered: 03/05/2009)

03/05/2009

11

Arrest Warrant Returned Executed on 3/5/09, filed on 3/6/09 in case as to Alex Jason Hall. (jwt) (Entered: 03/09/2009)

03/06/2009

5

Minute Entry for proceedings held before Judge Magistrate Judge Brooke C. Wells:

Initial Appearance, Arraignment as to William James Viehl (1) Count 1,2 and Alex Jason Hall (2) Count 1,2 held on 3/6/2009. Defendants present and in custody. Defendants request counsel − financial affidavits submitted. Court orders CJA appointment and appoints Heather E. Harris for William James Viehl and FPD apppointment and appoints Wendy M. Lewis for Alex Jason Hall. Charging document read, rights and penalties explained. Defendants waive formal reading of the indictment and enter pleas of N/G. Pretrial Conference held: Discovery due by 3/13/2009, Motions due by 4/10/2009, Plea Agreement due by 4/27/2009, Proposed Jury Instructions along with proposed voir dire questions 5/8/2009, 3 day Jury Trial set for 5/11/2009 08:30 AM before Judge Dee Benson. Gvmt requests detention − PTS report ordered and Detention Hearing set for 3/10/2009 02:00 PM in Room 248 before Magistrate Judge Brooke C. Wells. Defendants are ordered detained pending hearing and are remanded to custody of USMS. Attorney for Plaintiff: John Huber, AUSA, Attorney for Defendant: Dave Finlayson for Heather Harris, Wendy Lewis, CJA/FPD. Probation Officer: Annie Carr/Hugo de Leon. Court Reporter:

   

electronic.(Time Start: 9:10:12, Time End: 9:21:10, Room 248.) (alp) (Entered:

03/06/2009)

03/06/2009

7

ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Alex Jason Hall

Wendy M. Lewis for Alex Jason Hall appointed. Signed by Magistrate Judge Brooke

C.

Wells on 3/6/09 docket text order. (alp) (Entered: 03/06/2009)

03/06/2009

9

ORDER OF TEMPORARY DETENTION as to William James Viehl, Alex Jason

Hall Detention Hearing set for 3/10/2009 02:00 PM before Magistrate Judge Brooke

C.

Wells. Signed by Magistrate Judge Brooke C. Wells on 3/6/09 docket text order.

(alp) (Entered: 03/06/2009)

03/10/2009

13

Minute Entry for proceedings held before Judge Magistrate Judge Brooke C. Wells:

Detention Hearing as to William James Viehl, Alex Jason Hall held on 3/10/2009. Defendants present with counsel and in custody. PTS reports received and reviewed. Court orders defendants released with specific conditions. Order executed and filed. Defendants remanded to custody of USMS pending release processing. Attorney for Plaintiff: John Huber, AUSA, Attorney for Defendant: Heather Harris, Wendy Lewis, CJA, FPD. Probation Officer: Annie Carr, Hugo de Leon. Court Reporter:

electronic.(Time Start: 2:03:27, Time End: 2:30:31, Room 248.) (alp) (Entered:

03/10/2009)

03/10/2009

15

ORDER Setting Conditions of Release as to Alex Jason Hall. Signed by Magistrate Judge Brooke C. Wells on 3/10/09. (alp) (Entered: 03/10/2009)

03/12/2009

16

GOVERNMENTS STATEMENT OF DISCOVERY POLICY by USA as to William James Viehl, Alex Jason Hall and First Notification of Compliance (Huber, John) (Entered: 03/12/2009)

03/13/2009

17

NOTICE OF ATTORNEY APPEARANCE: Wendy M. Lewis appearing for Alex Jason Hall (Lewis, Wendy) (Entered: 03/13/2009)

03/16/2009

18

DOCUMENTS LODGED consisting of Correspondence to Judge Wells from Craig Hall. (rlr) (Entered: 03/17/2009)

03/19/2009

19

Second CERTIFICATE OF COMPLIANCE filed by USA as to William James Viehl, Alex Jason Hall. (Huber, John) (Entered: 03/19/2009)

03/27/2009

20

Third CERTIFICATE OF COMPLIANCE filed by USA as to William James Viehl, Alex Jason Hall. (Huber, John) (Entered: 03/27/2009)

04/07/2009

21

Fourth CERTIFICATE OF COMPLIANCE filed by USA as to William James Viehl, Alex Jason Hall. (Huber, John) (Entered: 04/07/2009)

04/28/2009

22

NOTICE OF ATTORNEY APPEARANCE: Grant W.P. Morrison appearing for Alex Jason Hall (Morrison, Grant) (Entered: 04/28/2009)

04/28/2009

24

First MOTION to Continue Trial filed by Alex Jason Hall. (Attachments: # 1 Text of Proposed Order Order Continuing Trial)(Morrison, Grant) (Entered: 04/28/2009)

04/28/2009

25

Defendant's MOTION to Modify Conditions of Release filed by Alex Jason Hall. (Attachments: # 1 Text of Proposed Order)(Morrison, Grant) (Entered: 04/28/2009)

04/28/2009

26

ORDER TO CONTINUE − Ends of Justice as to William James Viehl, Alex Jason Hall. The 3−day trial currently set to begin 5/11/2009 is CONTINUED to 7/27/2009 at 8:30 am. Time excluded from 5/11/2009 until 7/27/2009 pursuant to the Speedy Trial Act. Motion terminated 23 MOTION to Continue Jury Trial filed by William James Viehl. Signed by Judge Dee Benson on 4/28/2009. (rlr) (Entered: 04/28/2009)

04/28/2009

27

ORDER granting 24 Motion to Continue as to Alex Jason Hall (2). The trial currently set for 5/11/2009 if CONTINUED to 7/27/2009 at 8:30 am. Time excluded pursuant to the Speedy Trial Act. Signed by Judge Dee Benson on 4/28/2009. (rlr) (Entered:

04/28/2009)

04/28/2009

28

NOTICE OF HEARING as to William James Viehl, Alex Jason Hall (Notice generated by Clerk) 3−day Jury Trial re−set for 7/27/2009 08:30 AM in Room 246 before Judge Dee Benson. (rlr) (Entered: 04/28/2009)

04/28/2009

29

NOTICE OF HEARING ON MOTION in case as to Alex Jason Hall re 25 Defendant's MOTION to Modify Conditions of Release : (Notice generated by chambers, alp) Motion Hearing set for 5/1/2009 11:00 AM in Room 436 before Magistrate Judge Brooke C. Wells. (alp) (Entered: 04/28/2009)

04/29/2009

30

MOTION to Withdraw as Attorney by Wendy M. Lewis. filed by Alex Jason Hall. (Attachments: # 1 Text of Proposed Order)(Lewis, Wendy) (Entered: 04/29/2009)

05/01/2009

31

ORDER granting 30 Motion to Withdraw as Attorney. Wendy M. Lewis withdrawn from case for Alex Jason Hall, as to Alex Jason Hall (2). Signed by Judge Dee Benson on 4/30/2009. (rlr) (Entered: 05/01/2009)

05/01/2009

32

Minute Entry for proceedings held before Magistrate Judge Brooke C. Wells: Motion Hearing as to Alex Jason Hall held on 5/1/2009 re 25 Defendant's MOTION to Modify Conditions of Release filed by Alex Jason Hall. Defendant appearing on release, with counsel. Court hears statements by both counsel and rules denying 25 Motion to Modify Conditions of Release as to Alex Jason Hall. Defendant to remain on release under previously specified conditions. Written Order to follow oral order:

No. Attorney for Plaintiff: John Huber, AUSA, Attorney for Defendant: Bill Morrison, Retained. Probation Officer: Jayson Kelker. Court Reporter:

Electronic.(Time Start: 11:04:08, Time End: 11:21:28, Room 436.)(alp) (Entered:

05/01/2009)

05/27/2009

33

PETITION and ORDER for action on pretrial release. Issuance of: SUMMONS as to Alex Jason Hall. Pretrial Release Violation Hearing set for 6/25/2009 09:30 AM in Room 248 before Magistrate Judge Brooke C. Wells. Signed by Magistrate Judge Brooke C. Wells on 5/27/2009. (rlr) (Entered: 05/29/2009)

05/29/2009

34

**SEALED DOCUMENT** Summons Issued in case as to Alex Jason Hall (rlr) (Entered: 05/29/2009)

05/29/2009

35

Fifth CERTIFICATE OF COMPLIANCE filed by USA as to William James Viehl, Alex Jason Hall. (Huber, John) (Entered: 05/29/2009)

06/10/2009

36

**RESTRICTED DOCUMENT** Summons Returned Executed on 6/10/2009. as to Alex Jason Hall (rlr) (Entered: 06/13/2009)

06/25/2009

38

Minute Entry for proceedings held before Magistrate Judge Brooke C. Wells. Pretrial Release Violation Hearing as to Alex Jason Hall held on 6/25/2009. Defendant present with counsel Grant Morrison. Court advised the defendant of the allegations as stated in the petition and of procedure. Dft admits to all violations. Court finds dft is in violation of his terms of pretrial release. Dft stated he does now have employment. Court heard from gov and cnsl. Court admonished dft to abide by all conditions and will allow dft to remain free. Attorney for Plaintiff: John Huber, AUSA. Court Reporter: Electronic.(Time Start: 9:36, Time End: 9:45, Room 248.) (mlp) (Entered: 06/25/2009)

07/08/2009

46

Sixth CERTIFICATE OF COMPLIANCE filed by USA as to William James Viehl, Alex Jason Hall. (Huber, John) (Entered: 07/08/2009)

07/21/2009

52

NOTICE OF HEARING as to Alex Jason Hall (Notice generated by Chambers, alp) Pretrial Release Violation Hearing set for 7/30/2009 09:30 AM before Magistrate Judge Brooke C. Wells. (alp) (Entered: 07/21/2009)

07/30/2009

55

Minute Entry for proceedings held before Magistrate Judge Brooke C. Wells. Pretrial Release Violation Hearing as to Alex Jason Hall held on 7/30/2009. Defendant present with counsel and in custody. Court advised the defendant of the allegations as stated in the petition and of procedure. Court heard from cnsl. Court found the dft violated his terms of pretrial release and found dft constitutes a risk of danger to the community. Dft's pretrial release revoked and ordered to remain in custody pending final disposition. Dft elected to remain in federal custody.Attorney for Plaintiff: John Huber, Attorney for Defendant: Grant Morrison. Probation Officer: Jayson Kelker. Court Reporter: electronic.(Time Start: 1:32, Time End: 1:39, Room 436.) (mlp) (Entered: 07/30/2009)

07/30/2009

56

MOTION for Writ of Habeas Corpus ad prosequendum by USA as to Alex Jason Hall. (rlr) (Entered: 07/30/2009)

07/30/2009

57

DOCKET TEXT ORDER granting 56 Motion for Writ of Habeas Corpus ad prosequendum as to Alex Jason Hall (2). Signed by Magistrate Judge Brooke C. Wells on 7/30/2009. No attached document. (rlr) (Entered: 07/30/2009)

07/30/2009

58

Writ of Habeas Corpus ad Prosequendum Issued as to Alex Jason Hall for 7/30/2009 1:30 PM before Judge Magistrate Judge Brooke C. Wells (rlr) (Entered: 07/30/2009)

07/30/2009

60

ARREST Warrant Returned Executed on 7/30/2009, filed on 7/31/2009 in case as to Alex Jason Hall. (rlr) (Entered: 07/31/2009)

08/18/2009

67

Seventh CERTIFICATE OF COMPLIANCE filed by USA as to William James Viehl, Alex Jason Hall. (Huber, John) (Entered: 08/18/2009)

08/19/2009

68

Eighth CERTIFICATE OF COMPLIANCE filed by USA as to William James Viehl, Alex Jason Hall. (Huber, John) (Entered: 08/19/2009)

09/22/2009

71

ORDER TO CONTINUE − Ends of Justice as to Alex Jason Hall. A 4−day jury trial is set to begin 12/7/2009 at 8:30 AM. Time excluded from 7/28/2009 until 12/7/2009 pursuant to the Speedy Trial Act. Signed by Judge Dee Benson on 9/22/2009. (rlr) (Entered: 09/22/2009)

09/22/2009

72

NOTICE OF HEARING as to Alex Jason Hall (Notice generated by Clerk) 4−day Jury Trial re−set for 12/7/2009 08:30 AM in Room 246 before Judge Dee Benson. (rlr) (Entered: 09/22/2009)

11/16/2009

76

NOTICE OF ATTORNEY APPEARANCE: Matthew G. Morrison appearing for Alex Jason Hall (Morrison, Matthew) (Entered: 11/16/2009)

11/16/2009

77

MOTION to Continue filed by Alex Jason Hall. (Attachments: # 1 Text of Proposed Order)(Morrison, Matthew) (Entered: 11/16/2009)

11/19/2009

79

ORDER TO CONTINUE − Ends of Justice as to Alex Jason Hall. The 4−day trial currently set to begin 12/7/2009 is CONTINUED to 2/8/2010 at 8:30 AM. Time excluded from 12/8/2009 until 2/8/2010 pursuant to the Speedy Trial Act. Motion terminated 77 MOTION to Continue filed by Alex Jason Hall. Signed by Judge Dee Benson on 11/18/2009. (rlr) (Entered: 11/19/2009)

11/19/2009

80

NOTICE OF HEARING as to Alex Jason Hall (Notice generated by Clerk) 4−day Jury Trial re−set to begin 2/8/2010 08:30 AM in Room 246 before Judge Dee Benson. (rlr) (Entered: 11/19/2009)

12/01/2009

82

NOTICE of United States' Notice Regarding E−mail Notification to the United States Attorney's Office Victim/Witness Coordinator by USA as to William James Viehl, Alex Jason Hall (Huber, John) (Entered: 12/01/2009)

01/15/2010

89

Second MOTION to Continue Trial filed by Alex Jason Hall. (Attachments: # 1 Text of Proposed Order)(Morrison, Matthew) (Entered: 01/15/2010)

01/20/2010

90

ORDER TO CONTINUE − Ends of Justice as to Alex Jason Hall. The 4−day jury trial currently set to begin 2/8/2010 is CONTINUED to 4/12/2010 at 8:30 AM. Time excluded from 2/9/2010 until 4/12/2010 pursuant to the Speedy Trial Act. Motion terminated 89 Second MOTION to Continue Trial filed by Alex Jason Hall. Signed by Judge Dee Benson on 1/19/2010. (rlr) (Entered: 01/20/2010)

01/20/2010

91

NOTICE OF HEARING as to Alex Jason Hall (Notice generated by Clerk)4−day Jury Trial re−set for 4/12/2010 08:30 AM in Room 246 before Judge Dee Benson. (rlr) (Entered: 01/20/2010)

01/29/2010

95

MOTION to Strike Supplemental Materials Relating to Defendant's Motion to Reassign the Case by USA as to William James Viehl, Alex Jason Hall. (Attachments: # 1 Exhibit)(Huber, John) (Entered: 01/29/2010)

02/12/2010

99

Defendant's MOTION For Clarification Of Second Special Condition Of Supervision; Alternatively Objection To Second Special Condition Of Supervision by William James Viehl as to William James Viehl, Alex Jason Hall. (Harris, Heather) (Entered: 02/12/2010)

03/08/2010

103

NOTICE OF ATTORNEY APPEARANCE Michael J. Thorpe appearing for USA. (Thorpe, Michael) (Entered: 03/08/2010)

03/11/2010

104

NOTICE of Intent to Introduce Evidence Pursuant to FRE 404(b) by USA as to Alex Jason Hall (Huber, John) (Entered: 03/11/2010)

03/15/2010

107

NOTICE OF ATTORNEY APPEARANCE: John K. Johnson appearing for Alex Jason Hall (Johnson, John) (Entered: 03/15/2010)

03/30/2010

113

***AMENDED***NOTICE OF HEARING as to Alex Jason Hall (Notice generated by chambers) Change of Plea Hearing set for 4/9/2010 02:30 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 03/30/2010)

04/06/2010

114

***AMENDED***NOTICE OF HEARING as to Alex Jason Hall (Notice generated by chambers) Change of Plea Hearing set for 4/15/2010 01:00 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 04/06/2010)

04/15/2010

130

Minute Entry for proceedings held before Judge Dee Benson: Change of Plea Hearing as to Alex Jason Hall held on 4/15/2010. Presentence Report ordered: Y., Plea entered by Alex Jason Hall (2) Guilty Count 1., ( Sentencing set for Wednesday 6/30/2010 02:30 PM in Room 246 before Judge Dee Benson.) Attorney for Plaintiff:

John Huber, Attorney for Defendant: Grant Morrison. Court Reporter: Ed Young. (reb) (Entered: 04/15/2010)

04/15/2010

131

STATEMENT IN ADVANCE OF PLEA as to Alex Jason Hall (rlr) (Entered:

04/16/2010)