13 July 1998

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          Docket for case  3:97cr05270-0  consists of  8  pages.

  Case was last updated on:  07/10/98 .  Report was generated on:   7/11/98 .

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PACER session date: Monday July 13, 1998 05:43:03 PM EST
Case docket was last updated on: 07/10/98.


Docket as of July 11, 1998 3:09 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 July 11, 1998 3:09 am               Page 2

Proceedings include all events.                                   TERMED
3:97cr5270-ALLUSA v. Bell                                         APPEAL
                                                                         BWM



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
  206-553-1164
  [COR LD NTC]
  U S ATTORNEY'S OFFICE
  800 5TH AVE
  STE 3600
  SEATTLE, WA 98104
  206-553-7970




Docket as of July 11, 1998 3:09 am               Page 3

Proceedings include all events.                                   TERMED
3:97cr5270-ALLUSA v. Bell                                         APPEAL
                                                                         BWM
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 July 11, 1998 3:09 am               Page 4

Proceedings include all events.                                   TERMED
3:97cr5270-ALLUSA v. Bell                                         APPEAL
                                                                         BWM

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 July 11, 1998 3:09 am               Page 5

Proceedings include all events.                                   TERMED
3:97cr5270-ALLUSA v. Bell                                         APPEAL
                                                                         BWM
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 July 11, 1998 3:09 am               Page 6

Proceedings include all events.                                   TERMED
3:97cr5270-ALLUSA v. Bell                                         APPEAL
                                                                         BWM
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 July 11, 1998 3:09 am               Page 7

Proceedings include all events.                                   TERMED
3:97cr5270-ALLUSA v. Bell                                         APPEAL
                                                                         BWM
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 July 11, 1998 3:09 am               Page 8

Proceedings include all events.                                   TERMED
3:97cr5270-ALLUSA v. Bell                                         APPEAL
                                                                         BWM
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]

[END OF DOCKET: 3:97cr5270-0]

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