6 August 2003

Sherman Austin was arrested with other protesters at the World Economic Forum in New York in February 2002 on charges of disorderly conduct and unlawful assembly. While in New York, federal charges were handed down in California. Austin said he took a plea bargain because he feared his case was eligible for a terrorism enhancement, which could have added 20 years to his sentence. The plea deal had called for him to serve four months.

-- CNN, Man jailed for linking to bomb sites, August 5, 2003

Sherman Austin files of first indictment and dismissal:

http://cryptome.org/usa-v-rtf-swa.htm

http://cryptome.org/usa-v-sma-aca.htm

http://cryptome.org/usa-v-sma-dht.htm

http://cryptome.org/usa-v-sma-dkt.htm

Sherman Austin files for second indictment:

http://cryptome.org/usa-v-sma-x1a.htm

http://cryptome.org/usa-v-sma-dkt2.htm [this file]

What the FBI Doesn't Want You to See at RaisetheFist.com

http://www-2.cs.cmu.edu/~dst/raisethefist/

The free speech contents of Raisethefist.com:

http://cryptome.org/raisethefist.zip



Docket as of July 2, 2003 7:21 pm Web PACER (v2.4)




U.S. District Court

Central District of California (Western Div.)

CRIMINAL DOCKET FOR CASE #: 02-CR-884-ALL

USA v. Austin

Filed: 08/16/02
Dkt# in other court: None



Case Assigned to: Judge Stephen V. Wilson







SHERMAN MARTIN AUSTIN (1)         Ronald O Kaye
     defendant                    FAX 213-894-0081
                                  [COR LD NTC pda]
                                  Federal Public Defenders Office
                                  321 E 2nd St
                                  Los Angeles, CA 90012-4206
                                  213-894-2854

Pending Counts:                          Disposition

18:842(p)(2)(A) DISTRIBUTION
OF INFORMATION RELATING TO
EXPLOSIVES, DESTRUCTIVE
DEVICES AND WEAPONS OF MASS
DESTRUCTION
(1)

Offense Level (opening): 4       

Terminated Counts:

   NONE

Complaints:

   NONE

U. S. Attorneys:

  Rodrigo A Castro-Silva
  [COR LD NTC]
  AUSA - Office of US Attorney
  Criminal Div - US Courthouse
  312 N Spring St
  Los Angeles, CA 90012-4700
  213-894-2434





DOCKET     PROCEEDINGS




DATE     #                   DOCKET     ENTRY


8/16/02 1 INFORMATION filed against Sherman Martin Austin (1) count(s) 1 Offense occurred in LA. (ej) [Entry date 08/16/02]
8/16/02 -- SUMMONS issued as to Sherman Martin Austin (ej) [Entry date 08/16/02]
8/16/02 2 CASE SUMMARY filed by AUSA Rodrigo Castro-Silva, attorney for USA, as to Sherman Martin Austin. Defendant's date of birth: 4/10/83. (ej) [Entry date 08/16/02]
8/16/02 3 MEMORANDUM filed by USA as to Sherman Martin Austin. This criminal action, being filed on 8/16/02, was not pending in the U.S. Attorney's Office before December 22, 1998, the date on which U.S. District Judge Nora M. Manella began receiving criminal matters. (ej) [Entry date 08/16/02]
8/16/02 4 MEMORANDUM filed by USA as to Sherman Martin Austin. This criminal action, being filed on 8/16/02, was not pending in the U.S. Attorney's Office before November 2, 1992, the date on which U.S. District Judge Lourdes G. Baird began receiving criminal matters. (ej) [Entry date 08/16/02]
8/16/02 5 MEMORANDUM filed by USA as to Sherman Martin Austin seeking authority for an investigative action and being filed on 8/16/02, does not relate to, a mtr pending in which Magistrate Judge Patrick J. Walsh was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (ej) [Entry date 08/16/02]
8/16/02 6 MEMORANDUM filed by USA as to Sherman Martin Austin seeking authority for an investigative action and being filed on 8/16/02, does not relate to, a mtr pending in the Major Frauds Section of the US Atty's Ofc before June 30, 2001, the date on which Magistrate Judge Jennifer T. Lum resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (ej) [Entry date 08/16/02]
8/16/02 7 MEMORANDUM filed by USA as to Sherman Martin Austin seeking authority for an investigative action and being filed on 8/16/02, does not relate to, a mtr pending in the Organized Crime Section of the US Atty's Ofc before September 29, 2000, the date on which Magistrate Judge Stephen G. Larson resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (ej) [Entry date 08/16/02]
8/16/02 8 MEMORANDUM filed by USA as to Sherman Martin Austin seeking authority for an investigative action and being filed on 8/16/02, does not relate to, a mtr pending in the Narcotic Section of the US Atty's Ofc before April 20, 1999, the date on which Magistrate Judge Jeffrey W. Johnson resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (ej) [Entry date 08/16/02]
8/16/02 9 CONFLICT OF INTEREST CERTIFICATION filed as to Sherman Martin Austin. (ej) [Entry date 08/16/02]
9/23/02 10 MINUTES OF POST-INDICTMENT ARRAIGNMENT HEARING held before Magistrate Judge Paul Game Jr. as to Sherman Martin Austin : Reassigning case to Judge Stephen V. Wilson, cnsl to contact clerk. Sherman Martin Austin (1) count(s) 1 arraigned and states true name is as charged. DFPD Attorney Dennis Landin S/A for Ronald O Kaye. First appearance of Sherman Martin Austin entered. Tape No.: 02-39 (es) [Entry date 09/25/02] [Edit date 09/25/02]
9/23/02 11 STATEMENT OF DEFENDANT'S CONSTITUTIONAL RIGHTS filed as to Sherman Martin Austin. (es) [Entry date 09/25/02]
9/23/02 12 FINANCIAL AFFIDAVIT filed as to Sherman Martin Austin (es) [Entry date 09/25/02]
9/23/02 13 WAIVER OF INDICTMENT filed as to Sherman Martin Austin . Approved by Magistrate Judge Paul Game Jr.. (es) [Entry date 09/25/02]
9/23/02 14 BOND AND CONDITIONS OF RELEASE filed as to Sherman Martin Austin, in the amount of: $25,000 Unsec AB. Conditions of Release PSA supv Approved by Magistrate Judge Paul Game Jr. . Original bond routed to: case file (es) [Entry date 09/25/02]
9/23/02 15 PLEA AGREEMENT filed by USA as to Sherman Martin Austin (es) [Entry date 09/26/02]
9/30/02 16 MINUTES OF CHANGE OF PLEA HEARING held before Judge Stephen V. Wilson as to Sherman Martin Austin: Defendant moves to change plea to the Information. Dft sworn. Dft now enters a new and different plea of Guilty to Single-Count Information. The crt does not accept the plea. Cnsl are ord to submit stip re excludable time so that trial may be set. C/R: Lena Villegas (es) [Entry date 10/02/02]
10/10/02 17 STIPULATION AND ORDER filed by Judge Stephen V. Wilson as to Sherman Martin Austin : It is ord case is cont to 9:00 a.m. on 3/25/03 for trial. The period frm 11/26/02 to 3/25/03 is excl 18:3161. (dmcr) [Entry date 10/10/02]
10/10/02 -- EXCLUDABLE DELAY FORM as to Sherman Martin Austin (dmcr) [Entry date 10/10/02]
11/14/02 18 STIPULATION AND ORDER filed by Judge Stephen V. Wilson as to Sherman Martin Austin : It is ord the Probation Department shall prepare a pre-plea report fo th dft in this case. (dmcr) [Entry date 11/15/02]
2/20/03 19 PLEA AGREEMENT filed by USA as to Sherman Martin Austin. (step) [Entry date 02/21/03]
2/24/03 20 MEMORANDUM in support of binding plea under Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure filed by Sherman Martin Austin (step) [Entry date 02/25/03]
2/28/03 21 MINUTES OF CHANGE OF PLEA HEARING held before Judge Stephen V. Wilson as to Sherman Martin Austin : Defendant moves to change plea to the Information. Plea of guilty entered by Sherman Martin Austin (1) count(s) 1. The Court questions the defendant regarding plea of guilty and finds it knowledgeable and voluntary and orders the plea accepted and entered. The Court refers Sherman Martin Austin to the Probation Office for investigation and report. Court orders the plea agreement made part of the record. sentencing hearing set for 11:00 6/30/03 for Sherman Martin Austin C/R: Walter Ledge (ca) [Entry date 03/03/03]
5/28/03 22 DEFENDANT'S POSITION RE SENTENCING filed by Sherman Martin Austin (vc) [Entry date 05/29/03]
6/10/03 23 COMBINED position re guideline presentence report and recomendation; and RESPONSE filed by USA as to Sherman Martin Austin to defendant's senentencing position. [22-1] (step) [Entry date 06/11/03]
6/30/03 24 MINUTES OF CONTINUANCE HEARING held before Judge Stephen V. Wilson as to Sherman Martin Austin: Continuing sentence hearing for 11:00 7/28/03 for Sherman Martin Austin. C/R: Villegas. (step) [Entry date 07/02/03]



END OF DOCKET: 2:02cr884-0