18 August 1998
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Docket for case 3:97cr05270-0 consists of 9 pages.
Case was last updated on: 08/10/98 . Report was generated on: 8/11/98 .
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PACER session date: Tuesday August 18, 1998 08:19:43 PM EST
Case docket was last updated on: 08/10/98.
Docket as of August 11, 1998 3:16 am Page 1
Proceedings include all events. TERMED
3:97cr5270-ALLUSA v. Bell APPEAL
BWM
TERMED APPEAL
BWM
U.S. District Court
U.S. District Court -- Western Washington (Tacoma)
CRIMINAL DOCKET FOR CASE #: 97-CR-5270-ALL
USA v. Bell Filed: 07/09/97
Other Dkt # 3:97-m -05048
Case Assigned to: Judge Franklin D. Burgess
Case Referred to: Law Clerk Barbara W Miener
JAMES DALTON BELL (1) , Bell, Peter J Avenia
James Dalton 253-593-6719
defendant [COR LD NTC pda]
FEDERAL PUBLIC DEFENDER'S
OFFICE
1551 BROADWAY ST
STE 501
TACOMA, WA 98402
253-593-6710
Pending Counts: Disposition
42:408.F MISUSE OF SOCIAL 11 months incarceration (credit
SECURITY NUMBER time served); 36 months
(2) supervised release w/Standard
and special conditions of
release as addressed; No fine;
$200.00 ($100.00 per count)
special assessment due
immediately; and $1,359.00
restitution at the direction of
USPO
(2)
Offense Level (opening): 4
Terminated Counts: Disposition
26:7212A.F Obstruct and Impede dismissed
the due administration of (1)
the IRS
(1)
Offense Level (disposition): 4
Docket as of August 11, 1998 3:16 am Page 2
Proceedings include all events. TERMED
3:97cr5270-ALLUSA v. Bell APPEAL
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Complaints Disposition
For Violation of 26:7212(a) dismissed
and 42:408(a) to wit: threats, (-1)
assaults, obstruction, and
intimidation of employees and
officers of the United States
Government on account of the
performance of their official
duties; and, the use of false
social security numbers
[ 3:97-m -5048 ]
U. S. Attorneys:
Annmarie Levins
[term 07/22/98]
206-553-1164
[COR LD NTC]
Robert Louis Jacob London
206-553-4734
[COR LD NTC]
U S ATTORNEY'S OFFICE
800 5TH AVE
STE 3600
SEATTLE, WA 98104
206-553-7970
Docket as of August 11, 1998 3:16 am Page 3
Proceedings include all events. TERMED
3:97cr5270-ALLUSA v. Bell APPEAL
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5/16/97 1 COMPLAINT signed by Magistrate Judge J. K. Arnold
[ 3:97-m -5048 ] (kak) [Entry date 05/16/97]
5/16/97 -- DEFENDANT James Dalton Bell arrested.
[ 3:97-m -5048 ] (seal) [Entry date 05/20/97]
5/19/97 2 FINANCIAL AFFIDAVIT as to James Dalton Bell qualified by
JKA.
[ 3:97-m -5048 ] (seal) [Entry date 05/20/97]
5/19/97 3 ORDER by Magistrate Judge J. K. Arnold appointing Peter J
Avenia as the Federal Public Defender for defendant James
Dalton Bell (cc: FPD)
[ 3:97-m -5048 ] (seal) [Entry date 05/20/97]
5/19/97 4 MOTION to detain by USA as to James Dalton Bell
[ 3:97-m -5048 ] (seal) [Entry date 05/20/97]
5/19/97 5 MINUTES of INITIAL : JKA, Dep Clerk KM, AUSA A Levins,
Def Counsel P Avenia, CR- Catherine Vernon, USPT D McLuen,
first appearance of James Dalton Bell in custody w/cnsl;
Gov't moves for detention this hrg; Prelim/Det Hrg set
before JKA 1:30 5/23/97; Dft REMANDED.
(CC:CNSL,USMO,PTS,JKA,JOE,MIN BK)
[ 3:97-m -5048 ] (seal) [Entry date 05/20/97]
5/21/97 6 ARREST Warrant returned executed as to James Dalton Bell
5/16/97
[ 3:97-m -5048 ] (cl) [Entry date 05/27/97]
5/23/97 7 MINUTES of PRELIM/DETENTION HRG : JKA, Dep Clerk KM, AUSA A
Levins, Def Counsel P Avenia, Ct Rptr Grace Chung, USPT D
McLuen, Dft appears in custody w/cnsl; IRS Agnt Jeffrey
Gordon sworn and testifies; Ct finds probable cause; PTS
report admitted under seal; Det hrg proceeds: Dft Ordered
Detained. Dft REMANDED. (CC:CNSL,USMO,PTS,MIN BK, JOE)
[ 3:97-m -5048 ] (cl) [Entry date 05/27/97]
5/23/97 8 DETENTION ORDER of James Dalton Bell pending Trial by
Magistrate Judge J. K. Arnold (cc: counsel, PTS, USMO)
[ 3:97-m -5048 ] (cl) [Entry date 05/27/97]
6/10/97 9 STIPULATED MOTION to Extend Time to File Indictmnt by USA
as to James Dalton Bell from 6/16/97 to 6/30/97
[ 3:97-m -5048 ] (cl) [Entry date 06/12/97]
6/10/97 -- LODGED ORDER: re: Stipulated motion to Extend Time to File
Indictmnt by USA as to James Dalton Bell from 6/16/97 to
6/30/97
[ 3:97-m -5048 ] (cl) [Entry date 06/13/97]
6/11/97 10 WAIVER OF Right to Speedy INDICTMENT by defendant James
Dalton Bell
[ 3:97-m -5048 ] (cl) [Entry date 06/12/97]
Docket as of August 11, 1998 3:16 am Page 4
Proceedings include all events. TERMED
3:97cr5270-ALLUSA v. Bell APPEAL
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6/12/97 11 ORDER by Magistrate Judge J. K. Arnold GRANTING Stipulated
motion to Extend Time to File Indictmnt by USA as to James
Dalton Bell; (Time excluded (XW) from 6/16/97 to 6/30/97)
[9-1] (cc: counsel)
[ 3:97-m -5048 ] (cl) [Entry date 06/12/97]
6/12/97 11 ORDER by Magistrate Judge J. K. Arnold GRANTING Stipulated
motion to Extend Time to File Indictmnt by USA as to James
Daltonl; (Time excluded (XW) from 6/16/97 to 6/30/97) [9-1]
(cc: counsel)
[ 3:97-m -5048 ] (cl) [Entry date 06/13/97]
6/26/97 12 STIPULATED MOTION to extend time to file an Indictment by
USA as to James Dalton Bell
[ 3:97-m -5048 ] (cl) [Entry date 06/26/97]
6/26/97 13 WAIVER of RIGHT TO SPEEDY INDICTMENT by defendant James
Dalton Bell
[ 3:97-m -5048 ] (cl) [Entry date 06/26/97]
6/26/97 -- STIPULATED LODGED ORDER: re: stipulated motion to extend
time to file an Indictment by USA as to James Dalton Bell
from 6/30/97 to 7/11/97. [12-1]
[ 3:97-m -5048 ] (cl) [Entry date 06/26/97]
6/26/97 14 ORDER by Magistrate Judge J. K. Arnold GRANTING motion to
extend time to file an Indictment by USA as to James Dalton
Bell; (time excluded (XW) from 6/30/97 to 7/11/97) [12-1]
(cc: counsel)
[ 3:97-m -5048 ] (cl) [Entry date 06/26/97]
7/9/97 15 FELONY INFORMATION by USA Annmarie Levins. James Dalton
Bell (1) counts 1, 2 (car) [Entry date 07/10/97]
7/18/97 16 MINUTES of Revision of Plea:FDB, Dep Clerk:B Kay McDermott,
AUSA:Annmarie Levins, Def Counsel:Peter Avenia, CR:L Luse,
USPO:L Spier James Dalton Bell enters GUILTY plea to 2 ct
Information; Waiver of Indictment filed sentencing
hearing set for 9:00 a.m. on 10/17/97 for James Dalton
Bell D' remanded pending sentencing (car)
[Entry date 07/21/97]
7/18/97 17 WAIVER OF INDICTMENT by defendant James Dalton Bell (car)
[Entry date 07/21/97]
7/18/97 18 PLEA AGREEMENT as to James Dalton Bell (FILED UNDER SEAL)
(car) [Entry date 07/21/97]
7/18/97 19 ORDER by Judge Franklin D. Burgess for Sentencing Procedure
- Sentencing hrg set for 10/17/97 at 9:00 a.m. (cc:
counsel, Judge) (car) [Entry date 07/21/97]
Docket as of August 11, 1998 3:16 am Page 5
Proceedings include all events. TERMED
3:97cr5270-ALLUSA v. Bell APPEAL
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9/10/97 20 MOTION for order permitting entry of Dr. Salusky into
Kitsap Co jail by defendant (km) [Entry date 09/10/97]
9/10/97 21 AFFIDAVIT of Peter J. Avenia regarding motion for order
permitting entry of Dr. Salusky into Kitsap Co jail by
defendant [20-1] (km) [Entry date 09/10/97]
9/10/97 22 ORDER by Judge Franklin D. Burgess GRANTING motion for
order permitting entry of Dr. Salusky into Kitsap Co jail
by defendant [20-1] (cc: counsel, Judge) (km)
[Entry date 09/10/97]
9/17/97 23 MINUTE ORDER by Judge Franklin D. Burgess ; sentencing
hearing continued to 11:00 10/31/97 for James Dalton Bell
(cc: counsel, Judge) (km) [Entry date 09/17/97]
10/24/97 24 MINUTE ORDER by Judge Franklin D. Burgess ; sentencing
hearing continued to 9:30 11/21/97 for James Dalton Bell
(cc: counsel, Judge) (km) [Entry date 10/24/97]
11/17/97 25 SENTENCING MEMORANDUM re James Dalton Bell by D' (FILED
UNDER SEAL) (car) [Entry date 11/18/97]
11/17/97 26 SENTENCING MEMORANDUM re James Dalton Bell by P' (car)
[Entry date 11/18/97]
11/21/97 27 SUPPLEMENT by D' to Sentencing Memorandum [25-1] (FILED
UNDER SEAL) (car) [Entry date 11/21/97]
11/21/97 28 MINUTES of Sentencing:FDB, Dep Clerk:B Kay McDermott, AUSA:
Annmarie Levins, Def Counsel:Peter Avenia, CR:T Hendrix,
USPO:L Spier Court acks rcpt of Gov't and D' cnsl sen
memo and PSR. Argument. Court will pres cnsl w/add'l
questions re: sentencing. Court continues sentencing to
12/12/97 at 10:30 a.m. D' remanded (car)
[Entry date 11/21/97]
11/24/97 29 LETTER by Annmarie Levins, cnsl for Gov't, clarifying
remarks made during Sentencing [28-2] (car)
[Entry date 11/24/97]
12/5/97 30 SUPPLEMENTAL SENTENCING MEMORANDUM by Gov't (FILED UNDER
SEAL) [26-1] (car) [Entry date 12/08/97]
12/5/97 31 SUPPLEMENTAL SENTENCING MEMORANDUM by defendant (FILED
UNDER SEAL) [25-1] (car) [Entry date 12/08/97]
12/11/97 32 MINUTES of Status Hrg:FDB, Dep Clerk:B Kay McDermott, AUSA:
Annmarie Levins, Def Counsel:Peter Avenia, CR:T Hendrix,
USPO:L Spier/D Vail MINUTES FILED UNDER SEAL (car)
[Entry date 12/11/97]
Docket as of August 11, 1998 3:16 am Page 6
Proceedings include all events. TERMED
3:97cr5270-ALLUSA v. Bell APPEAL
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12/11/97 33 TRANSCRIPT of proceedings for the following date(s):
12/11/97 (Re: Closed Hearing - FILED UNDER SEAL) CR
initials: Teri Hendrix (car) [Entry date 12/12/97]
12/12/97 34 MINUTES of Sentencing : FDB, Dep Clerk B Kay McDermott,
AUSA Annmarie Levins, Def Counsel Peter Avenia, CR/Tape # C
Vernon, USPT/USPO L Spier, ; sentencing hearing held,
sentencing James Dalton Bell (1) count(s) 2. 11 months
incarceration (credit time served); 36 months supervised
release w/Standard and special conditions of release as
addressed; No fine; $200.00 ($100.00 per count) special
assessment due immediately; and $1,359.00 restitution at
the direction of USPO, dismissing counts as to James
Dalton Bell James Dalton Bell (1) count(s) cmp, 1 .
dismissed (car) [Entry date 12/12/97]
12/12/97 35 JUDGMENT IN A CRIMINAL CASE by Judge Franklin D. Burgess as
to James Dalton Bell case terminated (cc: counsel, USMO,
USPO, PTS, Jgm. Bk., Fin'l) Entered on: 12/12/97 (car)
[Entry date 12/12/97]
12/18/97 36 NOTICE OF APPEAL by defendant James Dalton Bell from Dist.
Court decision [35-2] jgm on 12/12/97 (cc: CCA, Judge,
counsel, CR, USM, USP, PTS) (mw) [Entry date 12/19/97]
12/18/97 -- NO APPEAL FEE RECEIVED: appellant granted IFP 5/19/97 (mw)
[Entry date 12/19/97]
12/19/97 37 TIME SCHEDULE ORDER ; transcript designation due 1/9/98
RT due: 2/9/98 Open Br Excerpts due: 3/20/98 Rsp Br due:
4/20/98 Opt Rply Br due: 5/4/98 (cc: CCA, Judge, CR,
counsel) (mw) [Entry date 12/19/97]
12/19/97 -- APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (mw)
[Entry date 12/19/97]
1/12/98 38 TRANSCRIPT DESIGNATION and Ordering Form for dates: 7/18/97;
11/21/97; 12/12/97 (cc: Helen, CR) (mw)
[Entry date 01/13/98]
1/14/98 39 TRANSCRIPT of proceedings for the following date(s):
11/21/97 (Re: [36-1] ) CR initials: Teri Hendrix (mw)
[Entry date 01/14/98]
1/16/98 -- NOTIFICATION by Circuit Court of Appellate Docket Number
97-30384 (mw) [Entry date 01/16/98]
1/20/98 -- PROPOSED Statement of Reasons (car) [Entry date 01/21/98]
1/22/98 40 STATEMENT of REASONS for Imposing Sentence by Judge
Franklin D. Burgess as to defendant James Dalton Bell
counsel, Judge, USPO) (car) [Entry date 01/23/98]
Docket as of August 11, 1998 3:16 am Page 7
Proceedings include all events. TERMED
3:97cr5270-ALLUSA v. Bell APPEAL
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1/26/98 41 CJA FORM 24 (Authorization Voucher for Transcript Payment)
for James Dalton Bell - for sentencing transcript on
11/21/97 (car) [Entry date 01/27/98]
2/3/98 42 TRANSCRIPT of sentencing-D' Bell for the following date(s):
12/12/97 (Re: [36-1] ) CR initials: Catherine Vernon (mw)
[Entry date 02/04/98]
2/9/98 43 TRANSCRIPT of sentencing for the following date(s): 7/18/97
(Re: [36-1] ) CR initials: Laura Luse (mw)
[Entry date 02/10/98]
2/10/98 -- CERTIFICATE OF RECORD Transmitted to USCA (cc: all
counsel) (mw) [Entry date 02/10/98]
2/10/98 44 CJA FORM 24 (Authorization Voucher for Transcript Payment)
for James Dalton Bell - for Sentencing transcript
(12/12/97) (car) [Entry date 02/11/98]
2/13/98 45 CJA FORM 24 (Authorization Voucher for Transcript Payment)
for James Dalton Bell - for transcript of Plea hrg on
7/18/97 (car) [Entry date 02/18/98]
6/16/98 -- CLERK'S RECORD ON APPEAL transmitted to Circuit #97-30384,
1 vol (mw) [Entry date 06/16/98]
6/18/98 -- PROPOSED Petition for Warrant or Summons for Offender under
Supervision (car) [Entry date 06/18/98]
6/19/98 46 PROBATION PETITION/ORDER by Judge Franklin D. Burgess as
to James Dalton Bell directing that a warrant be issued
(iss'd) (cc: counsel, Judge, USPO) (car)
[Entry date 06/19/98]
6/22/98 47 Arrest Warrant returned executed as to James Dalton Bell
6/22/98 (car) [Entry date 06/24/98]
6/22/98 -- DEFENDANT James Dalton Bell arrested (car)
[Entry date 06/24/98]
6/23/98 48 MINUTES of Initial on Prob Revocation:DEW, Dep Clerk:Peter
Voelker, AUSA:Robb London, Def Counsel:Peter Voelker, Tape
#A473, USPO:Steven McNichols D' arrested 6/22/98; D' adv
of rights; crt appts cnsl; D' adv of allegations in
violation petition; Gov't moves for detention this hrg,
proceeds, Gov't proffer, D' proffer; D' ORDERED DETAINED;
probation revocation hrg set for 11:00 a.m. on 7/10/98
before Judge Burgess D' remanded. (car)
[Entry date 06/25/98]
6/23/98 49 ORDER by Magistrate Judge David E. Wilson appointing as
the Federal Public Defender for defendant James Dalton Bell
(cc: counsel) (car) [Entry date 06/25/98]
Docket as of August 11, 1998 3:16 am Page 8
Proceedings include all events. TERMED
3:97cr5270-ALLUSA v. Bell APPEAL
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6/30/98 50 MINUTE ORDER by Judge Franklin D. Burgess that the
Probation Revocation hrg is rescheduled to 1:30 p.m. on
7/10/98 for James Dalton Bell (cc: counsel, Judge) (car)
[Entry date 06/30/98]
7/8/98 -- PROPOSED Supplemental Violations (car) [Entry date 07/08/98]
7/10/98 51 PROBATION PETITION/ORDER by Judge Franklin D. Burgess as to
James Dalton Bell re: Supplemental Violations (cc:
counsel, Judge, USPO) (car) [Entry date 07/10/98]
7/15/98 52 MINUTE ORDER by Judge Franklin D. Burgess ; probation
revocation hrg continued to 9:00 7/31/98 for James Dalton
Bell (cc: counsel, Judge) (km) [Entry date 07/15/98]
7/16/98 53 AMENDED MINUTE ORDER by Judge Franklin D. Burgess ;
probation revocation hrg scheduled for 9:00 7/31/98 for
James Dalton Bell (cc: counsel, Judge) (km)
[Entry date 07/16/98]
7/22/98 54 SUBSTITUTION OF COUNSEL on behalf of USA Robert Louis
Jacob London terminating attorney Annmarie Levins for USA
(car) [Entry date 07/22/98]
7/31/98 55 MINUTES of Supervised Release Violations:FDB, Dep Clerk:B
Kay McDermott, AUSA:Rob London, Def Counsel:Peter Avenia,
CR:J Ryen probation revocation hrg held Cnsl pres. Mr.
Bell pres in custody. Court adv D' of charges. D' enters
NOT GUILTY to violations 1,4,5,6, & 7 (violations 2 & 3 MOOT
as penalties are paid). D' cnsl states for the record that
D' feels the Gov't is engaging in spying on him as a private
citizen and and requests that the Court conduct an
investigation into this activity; D' feels the conditions of
supervised release are unconstitutional. Mr. London advises
the court that no survelillance has been conducted on Mr.
Bell. Court rules this hrg will proceed on the violations
charges only, D' concerns should be addressed in other
action. Court inquires of cnsl if psychological evaluation
is required, D' cnsl adv the cour that D' does not feel this
hrg should proc because of his prior stated concerns of the
Gov't spying and conspiracy against him. D' request add'l
time to prep. RECESS. D' cnsl adv the Court that D' not
prep to proc today, D' requests month continuance, D' cnsl
disagrees w/client's strategy. D' cnsl adv the Court mental
health eval may be approp. Gov't objs. Court adv parties
that mental health eval will be ordered. D' adv the Court he
wants investigation of Gov't actions. Court adv D' mental
health eval ordered. Court orders Gov't to prep approp
order, iss of Mr. Avenia cont as cnsl will be addr. D'
remanded pending eval. (car) [Entry date 08/03/98]
[Edit date 08/03/98]
8/3/98 -- LODGED ORDER directing commitment of D' to submit to a
competency exam (car) [Entry date 08/04/98]
Docket as of August 11, 1998 3:16 am Page 9
Proceedings include all events. TERMED
3:97cr5270-ALLUSA v. Bell APPEAL
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8/6/98 56 ORDER by Judge Franklin D. Burgess Directing Commitment of
D' to Submit to a Competency Examination **SEE ORDER FOR
DETAILS** (cc: counsel, Judge) (car) [Entry date 08/10/98]
[END OF DOCKET: 3:97cr5270-0]
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