USA v. Miller et al
| Montana District Court | |
| Case #: | 1:20-cr-00012 |
| Case Filed: | Feb 05, 2020 |
| Last checked: Saturday Feb 08, 2020 12:16 AM MST |
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Defendant
Josie Sanchez Miller (1)
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Represented By
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Defendant
Charles Allen Wallette (2)
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Represented By
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Plaintiff
USA
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Represented By
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GPO
Jan 16 2020
ORDER granting 12 Motion to Vacate Preliminary Hearing as to Charles Allen Wallette (2). The detention hearing remains scheduled for January 17, 2020 at 2:30 p.m. Signed by Magistrate Judge Timothy J. Cavan on 1/16/2020. (JDR)[1:20-mj-00006-TJC] |
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GPO
Mar 31 2020
ORDER re 48 MOTION Reopen Detention Hearing filed by Josie Sanchez Miller. IT IS ORDERED that the United States shall file its opposition to Defendant's motion on or before April 7, 2020. Signed by Magistrate Judge Timothy J. Cavan on 3/31/2020. (JDR) |
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GPO
Apr 14 2020
ORDER denying 48 MOTION Reopen Detention Hearing as to Josie Sanchez Miller (1). Signed by Magistrate Judge Timothy J. Cavan on 4/14/2020. (JDR) |
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GPO
Aug 31 2020
ORDER: that Defendant Josie Sanchez Miller be released from custody pursuant to 18 U.S.C. § 3142(i). Signed by Judge Dana L. Christensen on 8/31/2020. (ASG) |
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GPO
Oct 13 2020
FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to Josie Sanchez Miller. Signed by Magistrate Judge Timothy J. Cavan on 10/13/2020. (JDH) |
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GPO
Oct 28 2020
ORDER as to Josie Sanchez Miller for 87 Findings and Recommendations on Guilty Plea. IT IS ORDERED that Judge Cavans Findings and Recommendation is ADOPTED in full. IT IS FURTHER ORDERED that Ms. Millers 63 motion to change plea is GRANTED and Ms. Miller is adjudged guilty as charged in Count I of the Indictment. Signed by Judge Dana L. Christensen on 10/28/2020. (EMH) |
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GPO
Feb 04 2021
ORDERED that the trial set for 2/16/2021 and all associated deadlines are VACATED, to be reset upon motion of the United States following Mr. Wallette's arrest or other cessation of his absence and unavailability as to Charles Allen Wallette Granting 94 Unopposed MOTION to Continue Trial and Pretrial Deadlines filed by Charles Allen Wallette. Signed by Judge Dana L. Christensen on 2/4/2021. (AMC) |
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GPO
Jun 09 2021
ORDER granting 106 Motion to Dismiss Forfeiture Proceedings as to Josie Sanchez Miller (1), Charles Allen Wallette (2). IT IS FURTHER ORDERED that the all forfeiture proceedings in the above-captioned matter are DISMISSED with prejudice. Signed by Judge Dana L. Christensen on 6/9/2021. (EMH)ORDER granting 106 Motion to Dismiss Forfeiture Proceedings as to Josie Sanchez Miller (1), Charles Allen Wallette (2). IT IS FURTHER ORDERED that the all forfeiture proceedings in the above-captioned matter are DISMISSED with prejudice. Signed by Judge Dana L. Christensen on 6/9/2021. (EMH) |
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GPO
Jun 17 2021
JUDGMENT as to Josie Sanchez Miller (1), Count(s) 1, Defendant sentenced to the custody of the BOP for a term of time-served. Supervised released for a term of life. Standard and special conditions imposed. Fine waived. Special assessment of $100.; Count(s) 9, 6/9/2021 FORFEITURE DISMISSED ON GOVT MOTION. Signed by Judge Dana L. Christensen on 6/17/2021. (original with SORs to USPO) (AMC) |
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GPO
Jul 28 2022
FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to Charles Allen Wallette. Signed by Magistrate Judge Timothy J. Cavan on 7/28/2022. (JLE) |
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GPO
Aug 17 2022
ORDER ADOPTING 142 FINDINGS AND RECOMMENDATIONS in full as to Charles Allen Wallette; granting 133 Motion to Change Plea filed by Charles Allen Wallette. Wallette is adjudged guilty as charged in Count II of the Indictment. Signed by Judge Dana L. Christensen on 8/17/2022. (TAG) |
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GPO
Jan 30 2023
ORDER as to Charles Allen Wallette: vacating deadlines associated with sentencing hearing. Signed by Judge Dana L. Christensen on 1/30/2023. (ASG) |
| Docket last updated: 02/08/2020 1:45 AM MST |
| Monday, January 13, 2020 | ||
| Set Hearing as to Charles Allen Wallette. Detention Hearing set for 1/17/2020 at 02:30 PM in Billings, MT before Magistrate Judge Timothy J. Cavan. Preliminary Hearing set for 1/17/2020 at 02:30 PM in Billings, MT before Magistrate Judge Timothy J. Cavan. (JDR) [1:20-mj-00006-TJC] | ||
| Set Hearing as to Josie Sanchez Miller. Detention Hearing set for 1/17/2020 at 02:00 PM in Billings, MT before Magistrate Judge Timothy J. Cavan. Preliminary Hearing set for 1/17/2020 at 02:00 PM in Billings, MT before Magistrate Judge Timothy J. Cavan. (JDR) [1:20-mj-00006-TJC] | ||
| 1 | 1
COMPLAINT as to Josie Sanchez Miller (1), Charles Allen Wallette (2). (JDR) (JDR). [1:20-mj-00006-TJC]
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Att: 1
Affidavit
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Att: 2
(1/13/2020) Interlinated Complaint
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| 2 | 2 MINUTE ENTRY for proceedings held before Magistrate Judge Timothy J. Cavan: Initial Appearance as to Josie Sanchez Miller held on 1/13/2020. Defendant is present and in custody appearing with FD Gillian Gosch; AUSA Thomas Godfrey appearing for the government. Defendant acknowledges true name is JOSIE SANCHEZ MILLER and the Complaint is amended by interlineation. Deft is advised of her rights. The Court appoints FD Steven Babcock. Defendant has reviewed the Complaint with counsel. Defendant requests a preliminary hearing. The government moves for detention. Defendant requests a detention hearing. Defendant is remanded. A preliminary hearing and detention hearing is set for Friday, 1/17/2020 at 2:00 p.m. Hearing commenced at 2:14 p.m. and concluded at 2:18 p.m. (Court Reporter FTR Gold) (USPO: Marcie Zink), (Law Clerk: J. Byorth), (Hearing held in BHC - Billings) (JDR) [1:20-mj-00006-TJC] | |
| 3 | 3 MINUTE ENTRY for proceedings held before Magistrate Judge Timothy J. Cavan: Initial Appearance as to Charles Allen Wallette held on 1/13/2020. Defendant is present and in custody appearing with FD Gillian Gosch ; AUSA Thomas Godfrey appearing for the government. Defendant acknowledges true name and is advised of rights. The Court appoints FD Gosch until relieved by CJA panel counsel. Defendant has reviewed the Complaint with counsel. Defendant requests a preliminary hearing. The government moves for detention. Defendant requests a detention hearing. A preliminary hearing and detention hearing are set for Friday, 1/17/2020 at 2:30 p.m. Defendant is remanded. Hearing commenced at 2:19 p.m. and concluded at 2:24 p.m. (Court Reporter FTR Gold) (USPO: Marcie Zink), (Law Clerk: J. Byorth), (Hearing held in BHC - Billings) (JDR) [1:20-mj-00006-TJC] | |
| 4 | 4
CJA 23 Financial Affidavit by Josie Sanchez Miller (JDR) [1:20-mj-00006-TJC]
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| 5 | 5
ORDER APPOINTING FEDERAL PUBLIC DEFENDER Steven Babcock as to Josie Sanchez Miller. Reimbursement information: Defendant is not required to reimburse the Court. Signed by Magistrate Judge Timothy J. Cavan on 1/13/2020. (JDR) [1:20-mj-00006-TJC]
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| 7 | 7
CJA 23 Financial Affidavit by Charles Allen Wallette (JDR) [1:20-mj-00006-TJC]
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ORDER APPOINTING FEDERAL PUBLIC DEFENDER Gillian Gosch as to Charles Allen Wallette. Reimbursement information: Defendant is not required to reimburse the Court. Signed by Magistrate Judge Timothy J. Cavan on 1/13/2020. (JDR) [1:20-mj-00006-TJC]
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| Tuesday, January 14, 2020 | ||
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Order Appointing Counsel as to Charles Allen Wallette. Lance G. Lundvall for Charles Allen Wallette appointed. Reimbursement information: Defendant is not required to reimburse the Court. Signed by Magistrate Judge Timothy J. Cavan on 1/14/2020. (AEC) [1:20-mj-00006-TJC]
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| Thursday, January 16, 2020 | ||
| Terminate Deadlines and Hearings as to Charles Allen Wallette: Prelim Hrg Vacated (JDR) [1:20-mj-00006-TJC] | ||
| Terminate Deadlines and Hearings as to Josie Sanchez Miller: PRELIMINARY HEARING VACATED (JDR) [1:20-mj-00006-TJC] | ||
| 10 | 10
MOTION to Vacate Preliminary Hearing by Josie Sanchez Miller. (Babcock, Steven) [1:20-mj-00006-TJC]
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Att: 1
Text of Proposed Order
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| 11 | 11
ORDER granting10 Motion to Vacate PRELIMINARY HEARING as to Josie Sanchez Miller (1). Signed by Magistrate Judge Timothy J. Cavan on 1/16/2020. (JDR) [1:20-mj-00006-TJC]
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| 12 | 12
MOTION to Vacate Preliminary Hearing by Charles Allen Wallette. (Lundvall, Lance) [1:20-mj-00006-TJC]
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Att: 1
Text of Proposed Order
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| 13 | 13
ORDER granting12 Motion to Vacate Preliminary Hearing as to Charles Allen Wallette (2). The detention hearing remains scheduled for January 17, 2020 at 2:30 p.m. Signed by Magistrate Judge Timothy J. Cavan on 1/16/2020. (JDR) [1:20-mj-00006-TJC]
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| Friday, January 17, 2020 | ||
| 14 | 14 MINUTE ENTRY for proceedings held before Magistrate Judge Timothy J. Cavan: DETENTION HEARING as to Josie Sanchez Miller held on 1/17/2020. Defendant is present and in custody appearing with FD Steven Babcock; attorney Thomas Godfrey is present for the govt.The govt moves for detention. Defense calls witness: Douglas Dewitz, the Deft son. Cross examined by govt and court. Govt calls Agent Kirby Fanus. He is sworn in. Cross examined by Defense and Court. Defense and Government both states case. Court does not find presumption has been overcome and does not release defendant who is remanded to the custody of the USMS.Hearing commenced at 2:16 PM and concluded at 2:50 PM (Court Reporter Becky Sabo) (Government Witnesses Sworn and Examined: Sp. Agent Kirby Fanus), (Defense Witnesses Sworn and Examined: Deft son-Douglas Dewitz), (USPO: Marcie Zink), (Law Clerk: J. Byorth), (Hearing held in Billings-BHC) (AEC) [1:20-mj-00006-TJC] | |
| 15 | 15 MINUTE ENTRY for proceedings held before Magistrate Judge Timothy J. Cavan: DETENTION HEARING as to Charles Allen Wallette held on 1/17/2020. Defendant is present and in custody appearing with FD Thomas Godfrey; attorney Lance Lundvall is present for the govt. The govt moves for detention. Defense calls USPO Matt Shea. Sworn in as witness. Cross examined by govt. Government calls Sp. Agent Kirby Fanus. Sworn in as witness. Crossed examined by defense and court. Both parties state case. Court will release defendant under conditions. Court briefly goes over conditions in place. Deft agrees to comply with all conditions. Deft is released and subject to standard and special conditions. Hearing commenced at 2:52 PM and concluded at 3:32 PM (Court Reporter Becky Sabo) (Government Witnesses Sworn and Examined: Sp. Agent Kirby Fanus), (Defense Witnesses Sworn and Examined: USPO-Matt Shea), (USPO: Matt Shea), (Law Clerk: J. Byorth), (Hearing held in Billings-BHC) (AEC) [1:20-mj-00006-TJC] | |
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ORDER Setting Conditions of Release as to Charles Allen Wallette. Signed by Magistrate Judge Timothy J. Cavan on 1/17/2020. (AEC) [1:20-mj-00006-TJC]
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ORDER OF DETENTION as to Josie Sanchez Miller. Signed by Magistrate Judge Timothy J. Cavan on 1/17/2020. (AEC) [1:20-mj-00006-TJC]
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| Wednesday, February 05, 2020 | ||
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SEALED INDICTMENT as to Josie Sanchez Miller (1) count(s) 1, 2, 3-8, 9, Charles Allen Wallette (2) count(s) 1, 2, 5-6. (EMH)
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Redacted Indictment as to Josie Sanchez Miller, Charles Allen Wallette. (EMH)
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Criminal Cover Sheet filed by USA regarding the20 Indictment (Sealed) as to Josie Sanchez Miller. (EMH)
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Criminal Cover Sheet filed by USA regarding the20 Indictment (Sealed) as to Charles Allen Wallette. (EMH)
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Summons Issued in case as to Charles Allen Wallette. Arraignment set for 3/5/2020 at 09:00 AM in Billings, MT before Magistrate Judge Timothy J. Cavan. (EMH)
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