Buczek 20100311 Docket Report Case 54

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U.S. DISTRICT COURT

U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:08-cr-00054-WMS-HKS-1
Case title: USA v. Buczek Date Filed: 03/04/2008
Assigned to: Hon. William M.

Skretny
Referred to: Hon. H. Kenneth
Schroeder, Jr
Defendant (1)
Shane C. Buczek represented by Shane C. Buczek
P.O. Box 93
Derby, NY 14047
716-870-5200
PRO SE
Brian P. Comerford
Federal Public Defender
300 Pearl Street
Suite 200
Buffalo , NY 14202
716-551-3341
Fax: 716-551-3346
Email: brian_comerford@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender Appointment
John J. Jablonski
Goldberg Segalla LLP
665 Main Street
Suite 400
Buffalo , NY 14203
(716) 566-5469
file:///C|/Users/ytddkd/Documents/A%20Working%20Folder/Flakes%20&%20Cons/Buczek/Buczek%2054%20DktRpt.htm (1 of 28)3/5/2010 5:56:15 PM

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Fax: 716-566-5401
Email: jjablonski@goldbergsegalla.com
TERMINATED: 10/21/2008
Jonathan F. Altman
The Altman Law Firm, LLC
380 Old Morehall Road
Malvern , PA 19355
610-647-8680
Fax: 610-647-6520
Email: altmanlaw1@comcast.net
TERMINATED: 10/21/2008
Designation: Retained
Pending Counts Disposition

STATEMENTS OR ENTRIES
GENERALLY all in violatin of
18:1001.F
(1)
FALSE STATEMENT IN
APPLICATION/USE OF
PASSPORT all in violation of
18:1542.F
(2)
FRAUD WITH
IDENTIFICATION
DOCUMENTS all in violation
of 18:1028A.F
(3)
Highest Offense Level

(Opening)
Felony
Terminated Counts Disposition

None
Highest Offense Level

(Terminated)
None

Complaints Disposition
None
Plaintiff
USA represented by Anthony M. Bruce
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo , NY 14202
716-843-5886
Fax: 716-551-3052
Email: anthony.m.bruce@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
03/04/2008 1 SEALED INDICTMENT as to Shane C. Buczek (1) count(s) 1, 2, 3. (DZ)

Modified on 3/7/2008 (DZ). *Unsealed 3/7/08* (Entered: 03/05/2008)
03/07/2008 Case unsealed as to Shane C. Buczek (DZ) (Entered: 03/07/2008)
03/07/2008 Arrest of Shane C. Buczek in Northern District of California San Francisco

Division. (DZ) (Entered: 03/18/2008)
03/14/2008 2 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:
Arraignment as to Shane C. Buczek (1) Count 1,2,3 held on 3/14/2008.
Court entered not guilty plea on behalf of defendant, over defendant's
objection. Appearance of counsel/Status Conference set for 3/21/2008
11:00 AM before Hon. H. Kenneth Schroeder Jr. Time Excluded as to
Shane C. Buczek from: 3/14/08 to 3/21/08. (Court Reporter FTR GOLD.)
(LMP) (Entered: 03/17/2008)
03/14/2008 3 SIGNATURE Bond Entered as to Shane C. Buczek in amount of $

10,000.00 (LMP) (Entered: 03/17/2008)
03/14/2008 4 Rule 5(c)(3) Documents Received as to Shane C. Buczek from the

Northern District of California (San Francisco Division) (DZ) (Entered:
03/18/2008)

03/18/2008 5 ORDER Setting Conditions of Release as to Shane C. Buczek (1)

$10,000.00 bond. Signed by Hon. H. Kenneth Schroeder, Jr on 3/13/08.
(DZ) (Entered: 03/19/2008)
03/21/2008 6 **STRICKEN from the Record pursuant to Order item #48**

AFFIDAVIT OF FACTS filed by by Shane C. Buczek (JDK). Modified on
8/8/2008 (DZ). (Entered: 03/24/2008)
03/21/2008 7 MOTION for Bill of Particulars by Shane C. Buczek. (JDK) (Entered:

03/24/2008)
Status Conference as to Shane C. Buczek held on 3/21/2008. Status
Conference set for 3/26/2008 10:30 AM before Hon. H. Kenneth
Schroeder Jr. Time Excluded as to Shane C. Buczek from: 3/21/08 to
3/26/08 (Court Reporter FTR GOLD.)(LMP) (Entered: 03/25/2008)
03/24/2008 8 RESPONSE to Motion by USA as to Shane C. Buczek re 7 MOTION for

Bill of Particulars (Bruce, Anthony) (Entered: 03/24/2008)
03/24/2008 10 **STRICKEN FROM THE RECORD pursuant to Order item #48**

INDICTMENT ON COUNTER CLAIM by defendant (SG) Modified on
8/8/2008 (DZ). (Entered: 03/25/2008)
03/26/2008 11 MEMORANDUM/BRIEF Motion To Strike The Defendant's "Indictment

On Counter Claim" by USA as to Shane C. Buczek (Bruce, Anthony)
(Entered: 03/26/2008)
03/26/2008 12 **STRICKEN FROM THE RECORD pursuant to Order item #48**

MOTION to Dismiss for Lack of Jurisdiction by Shane C. Buczek. (JDK)
Modified on 8/8/2008 (DZ). (Entered: 03/27/2008)
03/26/2008 13 **STRICKEN FROM THE RECORD pursuant to Order item #48 REPLY
TO Governments RESPONSE to Motion by Shane C. Buczek re 7
MOTION for Bill of Particulars (JDK) Modified on 8/8/2008 (DZ).
(Entered: 03/27/2008)
Status Conference/appearance of counsel as to Shane C. Buczek held on
3/26/2008. Status Conference/appearance of counsel set for 3/31/2008
10:00 AM before Hon. H. Kenneth Schroeder Jr. Time Excluded as to
(LMP) (Entered: 04/08/2008)

03/27/2008 E-Filing Notification: Document to be refiled as a motion 11

MEMORANDUM/BRIEF Motion To Strike The Defendant's "Indictment
On Counter Claim" by USA as to Shane C. Buczek (Bruce, Anthony) (SG)
(Entered: 03/27/2008)
03/27/2008 14 MOTION to Strike The Defendant's"Indictment On Counter Claim" by

USA as to Shane C. Buczek. (Bruce, Anthony) (Entered: 03/27/2008)
03/29/2008 15 RESPONSE to Motion by USA as to Shane C. Buczek re 12 MOTION to

Dismiss for Lack of Jurisdiction Government's Response To The
Defendant's Motion For Dismissal Of All Charges For Lack Of
Jurisdiction (Bruce, Anthony) (Entered: 03/29/2008)
Status Conference/appearance of counsel as to Shane C. Buczek held on
3/31/2008. Status Conference/appearance of counsel set for 4/11/2008
02:00 PM before Hon. H. Kenneth Schroeder Jr. Time Excluded as to
(LMP) (Entered: 04/08/2008)
04/01/2008 16 MEMORANDUM IN OPPOSITION re 12 MOTION to Dismiss for Lack

of Jurisdiction Government's Supplemental Memorandum Of Law In
Opposition To The Defendant's Motion To Dismiss For Lack of
Jurisdiction by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:
04/01/2008)
04/04/2008 17 REFERRAL ORDER to Magistrate Judge H. Kenneth Schroeder, Jr. as to

Shane C. Buczek. Signed by Judge William M. Skretny on 4/4/2008.(JCD)
(Entered: 04/04/2008)
04/10/2008 20 NOTICE OF ATTORNEY APPEARANCE: John J. Jablonski appearing

for Shane C. Buczek (Attachments: # 1 Certificate of Service)(Jablonski,
John) (Entered: 04/10/2008)
04/10/2008 21 MOTION for Leave to Appear Pro Hac Vice Attorney: Jonathan F.
Altman. by Shane C. Buczek. (Attachments: # 1 Text of Proposed Order, #
2 Certificate of Service)(Jablonski, John) (Entered: 04/10/2008)

Status Conference as to Shane C. Buczek held on 4/11/2008. Jonathan
Altman advised the Court that he has been retained. Court granted Mr.
Altman's pro hac vice motion. Scheduling Order entered. Court modified
defendant's conditions of release. Time Excluded as to Shane C. Buczek
from: 4/11/08 to 7/15/08. (Court Reporter FTR GOLD.)(LMP) (Entered:
04/14/2008)
04/14/2008 Attorney update in case as to Shane C. Buczek. Attorney Jonathan F.

Altman for Shane C. Buczek added. (DZ) (Entered: 04/15/2008)
04/16/2008 23 SCHEDULING ORDER as to Shane C. Buczek Discovery completed by

4/15/2008. Motions due by 7/15/2008. Responses due by 8/1/2008. Oral
Argument set for 8/11/2008 02:00 PM before Hon. H. Kenneth Schroeder
Jr. Time excluded. Signed by Hon. H. Kenneth Schroeder, Jr on 4/14/08.
(LMP) (Entered: 04/16/2008)
04/16/2008 24 AMENDED ORDER Setting Conditions of Release as to Shane C. Buczek

(1) $10,000 unsecured bond. Signed by Hon. H. Kenneth Schroeder, Jr on
4/11/08.(DZ) (Entered: 04/18/2008)
04/24/2008 25 TRANSCRIPT of Proceedings as to Shane C. Buczek held on 3/14/08

before Judge H. Kenneth Schroeder, Jr.; Court Reporter/Transcriber Debra
L. Potocki, Telephone number 843/723-2208. Transcript may be viewed at
the court public terminal or purchased through the Court Reporter/
Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Redaction Request due
5/15/2008. Redacted Transcript Deadline set for 5/27/2008. Release of
Transcript Restriction set for 7/23/2008. (DZ) (Entered: 04/24/2008)



05/08/2008 29 TEXT ORDER as to Shane C. Buczek Status Conference set for 5/15/2008
02:30 PM before Hon. H. Kenneth Schroeder Jr. SO ORDERED. Entered
by Hon. H. Kenneth Schroeder, Jr on 5/8/08.(LMP) (Entered: 05/08/2008)
05/08/2008 30 TEXT ORDER as to Shane C. Buczek. It is ORDERED that the Motion

filed on 5/7/08 (Docket #28) is hereby deleted; and it is further ORDERED
that counsel for the government refile its motion with the exhibit filed
under seal; and it is further ORDERED that any additional documents
containing medical information pertaining to the defendant shall be filed
under seal until further order of the Court. Entered by Hon. H. Kenneth
Schroeder, Jr on 5/8/08.(LMP) (Entered: 05/08/2008)
05/12/2008 31 MOTION Determine Competency Motion To Determine The Competency

Of The Defendant by USA as to Shane C. Buczek. (Bruce, Anthony)
(Entered: 05/12/2008)
05/13/2008 32 Sealed Document (Exhibit A) as to Shane C. Buczek. (LMP) (Entered:

05/13/2008)
Scheduling Conference as to Shane C. Buczek held on 5/15/2008. Status
Conference set for 5/19/2008 02:00 PM before Hon. H. Kenneth Schroeder
Jr. Time Excluded as to Shane C. Buczek from: 5/15/08 to 5/19/08. (Court
Reporter FTR GOLD.)(LMP) (Entered: 05/15/2008)
Status Conference as to Shane C. Buczek held on 5/19/2008. Defendant to
be examined and report to be submitted to the Court and counsel for the
government. Hearing will then be scheduled. (Court Reporter FTR GOLD.)
(LMP) (Entered: 05/19/2008)
Status Conference as to Shane C. Buczek held on 6/3/2008. Further Status
Conference set for 6/17/2008 10:00 AM before Hon. H. Kenneth
Schroeder Jr. (Court Reporter FTR GOLD.)(LMP) (Entered: 06/04/2008)

Status Teleconference as to Shane C. Buczek held on 6/17/2008. Court
accepted Dr. Swain's report. Government motion for a hearing to
determine the mental competency of the defendant denied. (Court Reporter
FTR GOLD.)(LMP) (Entered: 06/17/2008)
06/17/2008 37 Sealed Document (psychiatric report dated 6/9/08) as to Shane C. Buczek.

(LMP) (Entered: 06/17/2008)
06/17/2008 38 TEXT ORDER as to Shane C. Buczek. Government's motion to determine

the competency of the defendant is DENIED. SO ORDERED. Entered by
Hon. H. Kenneth Schroeder, Jr on 6/17/08.(LMP) (Entered: 06/17/2008)
06/18/2008 39 MOTION for Discovery by Shane C. Buczek. (Attachments: # 1

Certificate of Service Certificate of Service, # 2 Text of Proposed Order
Text of proposed order)(Altman, Jonathan) (Entered: 06/18/2008)

Discovery Government's Response To The Defendant's Motion For
Additional Discovery (Bruce, Anthony) (Entered: 07/02/2008)
07/11/2008 41 First MOTION for Extension of Time to File Discovery by Shane C.

Buczek. (Attachments: # 1 Certificate of Service Certificate of Service, # 2
Text of Proposed Order Proposed Order)(Altman, Jonathan) (Entered:
07/11/2008)
07/14/2008 E-Filing Notification: document is not in compliance with signature

requirements, the full signature block including address, phone number, e-
mail address etc are required, document will be terminated as a motion and
the attorney is directed to re-file motion; proposed order should be e-
mailed directly to chambers using the e-mail addresses provided in the
Administrative Guidelines 41 First MOTION for Extension of Time to File
Discovery (SG) (Entered: 07/14/2008)
07/14/2008 42 MOTION for Extension of Time to File Pretrial Motions by Shane C.

Buczek. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed
Order)(Altman, Jonathan) (Entered: 07/14/2008)
07/17/2008 43 AMENDED SCHEDULING ORDER as to Shane C. Buczek: Motions due

by 8/11/2008. Responses due by 8/25/2008. Oral Argument set for
9/10/2008 02:30 PM before Hon. H. Kenneth Schroeder Jr. Time excluded
from 7/156/08 to 8/11/08. Signed by Hon. H. Kenneth Schroeder, Jr on
7/15/08.(LMP) (Entered: 07/17/2008)

07/28/2008 44 MOTION to Dismiss Count One Of The Indictment For Multiplicity by

Shane C. Buczek. (Attachments: # 1 Text of Proposed Order, # 2
Certificate of Service)(Altman, Jonathan) (Entered: 07/28/2008)
07/29/2008 45 MOTION to Strike Surplusage from Count Three of Indictment by Shane

C. Buczek. (Attachments: # 1 Memorandum in Support Motion to Strike
Surplusage, # 2 Certificate of Service Motion to Strike Surplusage, # 3
Text of Proposed Order Motion to Strike Surplusage)(Altman, Jonathan)
(Entered: 07/29/2008)
08/01/2008 46 MOTION to Withdraw Document by Shane C. Buczek. (Attachments: # 1

Certificate of Service, # 2 Text of Proposed Order)(Altman, Jonathan)
(Entered: 08/01/2008)
08/06/2008 47 RESPONSE to Motion by USA as to Shane C. Buczek re 44 MOTION to

Dismiss Count One Of The Indictment For Multiplicity, 45 MOTION to
Strike Surplusage from Count Three of Indictment Government's
Consolidated Response To The Defendant's Motions (1) To Dismiss Count
One As Multiplicious and (2) Strike Surplusage From Count Three (Bruce,
Anthony) (Entered: 08/06/2008)
08/07/2008 48 ORDER granting 46 Motion to Withdraw and Strike Document as to

Shane C. Buczek (1)(DZ) (Entered: 08/08/2008)
08/12/2008 50 Sealed Document (Affidavit) as to Shane C. Buczek. (LMP) (Entered:

08/19/2008)
08/18/2008 49 AFFIDAVIT by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:

08/18/2008)
08/18/2008 Arrest of Shane C. Buczek (LMP) (Entered: 08/19/2008)
Initial Appearance on arrest warrant as to Shane C. Buczek held on
8/18/2008. Bond Revocation Hearing set for 8/25/2008 02:00 PM before
Hon. H. Kenneth Schroeder Jr. (Court Reporter FTR GOLD.)(LMP)
(Entered: 08/19/2008)
08/21/2008 52 MOTION to Continue Revocation Hearing by Shane C. Buczek.

(Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)
(Altman, Jonathan) (Entered: 08/21/2008)

08/21/2008 54 AMENDED ORDER Setting Conditions of Release as to Shane C. Buczek

(1); $10,000 unsecured bond. Signed by Hon. H. Kenneth Schroeder, Jr on
8/21/08.(DZ) (Entered: 08/22/2008)
08/22/2008 53 TEXT ORDER as to Shane C. Buczek granting defendant's motion to

adjourn Bond Revocation Hearing. Bond Revocation Hearing reset for
9/2/2008 10:00 AM before Hon. H. Kenneth Schroeder Jr. SO ORDERED.
Entered by Hon. H. Kenneth Schroeder, Jr on 8/22/08.(LMP) (Entered:
08/22/2008)
08/28/2008 55 ARREST Warrant Returned Executed on 6/18/08 in case as to Shane C.

Buczek. (DZ) (Entered: 08/28/2008)
08/28/2008 56 AFFIDAVIT by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:

08/28/2008)
09/01/2008 57 Second MOTION to Continue Revocation Hearing by Shane C. Buczek.

(Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)
09/01/2008 58 MOTION to Compel presentation of adverse witness at Revocation

hearing by Shane C. Buczek. (Attachments: # 1 Text of Proposed Order, #
2 Certificate of Service)(Altman, Jonathan) (Entered: 09/01/2008)
09/01/2008 E-Filing Notification: 58 MOTION to Compel presentation of adverse

witness at Revocation hearing, 57 Second MOTION to Continue
Revocation Hearing **Documents to be re-filed with signature; certificate
of service required on re-filed document**(DZ) (Entered: 09/02/2008)
09/02/2008 59 MOTION to Compel Presentation of Adverse Witness at Revocation

Hearing by Shane C. Buczek. (Attachments: # 1 Certificate of Service, # 2
Text of Proposed Order)(Altman, Jonathan) (Entered: 09/02/2008)
09/02/2008 60 Second MOTION to Continue Revocation Hearing by Shane C. Buczek.

(Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)
Bond Revocation Hearing as to Shane C. Buczek held on 9/2/2008.
Government witnesses called. Government exhibits 1, 2, 3, 14, 16a, 16b,
16c, 18 and 19 admitted into evidence. Bond Revocation Hearing
adjourned to 10/1/2008 10:00 AM before Hon. H. Kenneth Schroeder Jr.
Defendant continued on release with terms and conditions as previously
set. (Court Reporter FTR GOLD.)(LMP) (Entered: 09/03/2008)
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09/05/2008 62 SECOND AMENDED SCHEDULING ORDER as to Shane C. Buczek:

Oral Argument set for 10/1/2008 10:00 AM before Hon. H. Kenneth
Schroeder Jr. Signed by Hon. H. Kenneth Schroeder, Jr on 9/3/08.(LMP)
(Entered: 09/05/2008)
09/05/2008 63 ORDER Adding a Condition of Release as to Shane C. Buczek. Signed by

Hon. H. Kenneth Schroeder, Jr on 9/5/08. Notice and copy sent to USPO
Zenaida Piotrowicz.(LMP) (Entered: 09/05/2008)
10/01/2008 64 TEXT ORDER as to Shane C. Buczek; Felony Plea Hearing set for
10/10/2008 at 02:00 PM before the Hon. H. Kenneth Schroeder Jr. SO
ORDERED. Issued by the Hon. H. Kenneth Schroeder, Jr on 10/1/08.
(LMG) (Entered: 10/01/2008)
10/07/2008 65 MOTION to Withdraw as Attorney by Jonathan F. Altman. by Shane C.

Buczek. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of
Service)(Altman, Jonathan) (Entered: 10/07/2008)
10/08/2008 66 MOTION to Withdraw as Attorney by John J. Jablonski. by Shane C.

Buczek. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of
Service)(Jablonski, John) (Entered: 10/08/2008)
10/10/2008 67 Certificate of Service by Shane C. Buczek re 66 MOTION to Withdraw as

Attorney by John J. Jablonski. Corrected Certificate of Service (Jablonski,
John) (Entered: 10/10/2008)
Status Conference as to Shane C. Buczek held on 10/10/2008. AUSA
Anthony Bruce; Jonathan Altman and Joohong Park appeared with
defendant. Defendant's counsel requested adjournment. Status Conference
set for 10/21/2008 at 02:00 PM before Hon. H. Kenneth Schroeder Jr.
(Court Reporter FTR Gold.)(LMG) (Entered: 10/10/2008)
Anthony Bruce; Jonathan Altman (by telephone) and Joohong Park
appeared on behalf of defendant; USPO Scott Kawski. Defendant advised
the Court that he wishes to proceed pro se. Defendant made motion to
invalidate indictment. Motion denied. Defendant directed to respond in
writing to plea agreement proposal no later than 11/7/2008. Government to
respond no later than 11/14/2008. Defendant to respond to government's
response no later than 11/21/2008. Status Conference set for 11/25/2008 at
10:30 a.m. before Hon. H. Kenneth Schroeder, Jr. Attorney Jonathan F.
Altman and John J. Jablonski terminated in case as to Shane C. Buczek.

Time excluded to 11/25/2008 pursuant to Title 18 U.S.C. section 3161(h)

(8)(A). (Court Reporter FTR Gold.)(LMG) (Entered: 10/21/2008)
10/28/2008 70 MOTION/REQUEST for grand jury transcript by Shane C. Buczek. (DZ)

(Entered: 10/29/2008)
10/28/2008 71 MOTION for grand jury concurrence form by Shane C. Buczek.

(Attachments: # 1, # 2 (DZ) (Entered: 10/29/2008)
10/30/2008 72 TEXT ORDER: Defendant's pro se 70 Motion for the Grand Jury
Transcript is hereby DENIED. SO ORDERED. Issued by the Hon. H.
Kenneth Schroeder, Jr on 10/30/08.(LMG) (Entered: 10/30/2008)
10/30/2008 73 TEXT ORDER: Defendant's pro se 71 Motion for the Grand Jury
Concurrence Form is hereby DENIED. SO ORDERED. Issued by the Hon.
H. Kenneth Schroeder, Jr. on 10/30/08.(LMG) (Entered: 10/30/2008)
11/07/2008 74 MOTION for post settlement and closure of the account under public
policy, affidavit of specific negative averment by Shane C. Buczek.
(Attachments: # 1 exhibit)(DZ) (Entered: 11/10/2008)
11/10/2008 75 MOTION to set a trial date by USA as to Shane C. Buczek. (Bruce,

Anthony Bruce; Shane Buczek appeared pro se. Court directed parties to
proceed to the Chambers of the Hon. William M. Skretny for a trial date.
11/25/2008 77 Minute Entry for proceedings held before William M. Skretny U.S.D.J.:
Status Conference as to Shane C. Buczek held on 11/25/2008. Counsel for
government and the defendant sent up by Magistrate Judge Schroeder.
Defendant to dialog with AFPD Roxanne Mendez-Johnson. Financial
affidavit to be completed. An additional Status Conference is set for
12/18/2008 at 9:00 AM before William M. Skretny U.S.D.J. For the govt. -
Anthony Bruce. For deft. - Shane Buczek, pro se. (Court Reporter
Michelle McLaughlin.)(MEAL) (Entered: 12/02/2008)

12/09/2008 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to

Shane C. Buczek held on 11/25/08 before Judge H. Kenneth Schoreder,
Jr.. Court Reporter/Transcriber Christi A. Macri, Telephone number (585)
613-4310. Transcript may be viewed at the court public terminal or
purchased through the Court Reporter/Transcriber before the deadline for
Release of Transcript Restriction. After that date it may be obtained
through PACER. Redaction Request due 12/30/2008. Redacted Transcript
Deadline set for 1/9/2009. Release of Transcript Restriction set for
3/9/2009. (DZ) (Entered: 12/09/2008)
Status Conference as to Shane C. Buczek held on 12/18/2008. Defendant
has discussed case with AFPD Roxanne Mendez-Johnson. Defendant
declines to complete Financial affidavit. Defendant encouraged to find
local criminal counsel to represent him in this case. Docket reveals that
matters are still pending before Judge Schroeder. Court refers case back to
Judge Schroeder for resolve. For the govt. - Anthony Bruce. For deft. -
Shane Buczek, pro se. Roxanne Mendez-Johnson appearing with
defendant for this proceeding only. (Court Reporter Michelle McLaughlin.)
(MEAL) (Entered: 12/21/2008)

Shane C. Buczek held on 11/25/08 before Judge William M. Skretny.
Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number
(716) 332-3560. Transcript may be viewed at the court public terminal or
3/18/2009. (DZ) (Entered: 12/22/2008)

Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number
3/30/2009. (DZ) (Entered: 12/30/2008)

01/05/2009 82 NOTICE OF TRUSTEE APPOINTMENT, POWER OF ATTORNEY

AND TRUST STIPULATION UNDER PUBLIC POLICY in support of
Post Settlement and Closure by Shane C. Buczek (Attachments: # 1
exhibits); Audio CD titled "Live Radio Jack Smith 4/25 Trust Account Set-
Off) submitted with filing and maintained on disk in the Clerk's office(DZ)
(Entered: 01/07/2009)
01/09/2009 83 SECOND NOTICE of RECISSION by Shane C. Buczek (Attachments: #

1 Part 2)(JDK) (Entered: 01/09/2009)
01/09/2009 84 AFFIDAVIT OF CORPORATE DENIAL EXISTENCE IN SUPPORT OF

POST SETTLEMENT AND CLOSURE by Shane C. Buczek
(Attachments: # 1 part 2, # 2 part 3, # 3 part 4, # 4 part 5, # 5 part 6, # 6
part 7, # 7 part 8, # 8 part 9, # 9 part 10)(JDK) (Entered: 01/09/2009)
01/09/2009 85 MOTION to Travel by Shane C. Buczek. (JDK) (Entered: 01/09/2009)
01/12/2009 86 ORDER denying 85 Motion to Travel as to Shane C. Buczek (1). Signed

by Hon. H. Kenneth Schroeder, Jr on 1/12/09.(LMG) (Entered:
01/12/2009)
01/14/2009 87 NOTICE: The 65 and 66 Motions to Withdraw as Attorney as to Shane C.

Buczek were granted by virtue of the minute entry at Dkt. # 69 . The 14
Motion to Strike 10 The Defendant's "Indictment On Counter Claim" was
resolved by the Order at Dkt. # 48 . (LMG) (Entered: 01/14/2009)
01/16/2009 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:
Initial Appearance re Revocation of Supervised Release as to Shane C.
Buczek held on 1/16/2009. AUSA Anthony Bruce; Shane Buczek
appeared pro se; USPO Zenaida Piotrowicz. Government moved for the
revocation of defendant's bail. Court found probable cause for concern
relative to plaintiff's mental competency. Court revoked defendant's bail
and ordered that he be committed to a Federal facility for psychiatric
evaluation pursuant to Title 18 USC section 4241(b). Order to be issued.
Defendant remanded to the custody of the U.S. Marshals Service. Time
Excluded from 1/16/2009 until defendant's mental competency is resolved.


Shane C. Buczek held on 1/16/09 before Judge H. Kenneth Schroeder, Jr..
Court Reporter/Transcriber Christi A. Macri, Telephone number (585) 613-
4310. Transcript may be viewed at the court public terminal or purchased
through the Court Reporter/Transcriber before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER.
Redaction Request due 2/10/2009. Redacted Transcript Deadline set for
2/20/2009. Release of Transcript Restriction set for 4/20/2009. (DZ)
(Entered: 01/20/2009)
01/20/2009 89 ORDER AUTHORIZING MENTAL COMPETENCY EXAMINATION

OF THE DEFENDANT PURSUANT TO TITLE 18 UNITED STATES
CODE, SECTION 4241(b). Signed by Hon. H. Kenneth Schroeder, Jr on
1/16/09. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(LMG) (Entered:
01/20/2009)

02/17/2009 91 OBJECTION TO PROCEEDINGS, no ratification of commencement,

petition for writ of habeas corpus, petition to dismiss with prejudice. (DZ)
(Entered: 02/17/2009)
02/17/2009 92 MOTION for inspection of jury list in support of future motion to dismiss
grand jury indictment pursuant to Title 28 section 1867(a) and (F) by
Shane C. Buczek. (DZ) (Entered: 02/19/2009)
03/31/2009 93 DECISION AND ORDER as to Shane C. Buczek regarding extension of

time to complete forensic evaluation. Signed by Hon. H. Kenneth
Schroeder, Jr on 3/31/09. A copy of the Decision and Order is being
mailed by Chambers to the defendant, Shane C. Buczek, at the following
addresses: Federal Medical Center Devens, P.O. Box 879, Ayer, MA
01432 and 7335 Derby Road, Derby, NY 14047.(LMG) (Entered:
03/31/2009)

inspection of jury list in support of future motion to dismiss grand jury
indictment pursuant to Title 28 section 1867(a) and (F) Government's
Response To The Defendant's Motion To Provide For Inspection Of Jury
List (Bruce, Anthony) (Entered: 04/03/2009)
05/01/2009 95 TEXT ORDER as to Shane C. Buczek: Status Conference set for 5/6/2009
at 10:00 AM before Hon. H. Kenneth Schroeder Jr. Signed by Hon. H.
Kenneth Schroeder, Jr. on 5/1/09.(LMG) (Entered: 05/01/2009)

provided with copy of psychological evaluation report. Government
moved for detention. Defendant objected to government's motion.
Detention Hearing set for 5/7/2009 at 10:30 AM before Hon. H. Kenneth
Schroeder Jr. Defendant waived his right to be represented by counsel for
purposes of Detention Hearing. Time Excluded as to Shane C. Buczek
from 5/6/2009 to 5/7/2009 pursuant to Title 18 USC 3161(h)(1)(D), (h)(7)
(A) and (h)(7)(B)(iv). Defendant remanded. Appearances by AUSA
George Burgasser; defendant appeared pro se. (Court Reporter FTR Gold.)
(LMG) (Entered: 05/06/2009)
requested adjournment of Detention Hearing. Detention Hearing adjourned
to 5/15/2009 at 02:00 PM before Hon. H. Kenneth Schroeder Jr. Time
Excluded as to Shane C. Buczek from 5/7/2009 to 5/15/2009 pursuant to
Title 18 USC 3161(h)(1)(D) and (h)(7)(A). Defendant remanded to the
custody of the U.S. Marshals Service. Appearances by AUSA Timothy
Lynch; Shane Buczek appeared pro se; AFPD Brian Comerford appeared
at the Court's request as standby counsel. (Court Reporter FTR Gold.)
(LMG) (Entered: 05/08/2009)
Detention Hearing as to Shane C. Buczek held on 5/15/2009. Defendant
stated that he wished to proceed pro se for purposes of Detention Hearing.
Court released defendant in all three cases (08-CR-54, 09-CR-121 and 09-
CR-141) on $10,000 signature bond to be co-signed by responsible surety,
electronic monitoring and home incarceration. Defendant to execute
$10,000 signature bond in all three cases, but total amount to be forfeited
in the event the defendant fails to comply with any condition of release set
by the Court equals $10,000. Defendant will consider either retaining
counsel or requesting assigned counsel. Status Conference set for 6/3/2009
at 10:30 AM before Hon. H. Kenneth Schroeder Jr. Time Excluded as to
Shane C. Buczek from 5/15/2009 to 6/3/2009 pursuant to Title 18 USC
3161(h)(7)(A) and (h)(7)(B)(iv). Defendant remanded to custody of U.S.
Marshals Service until EMS investigation is completed. Appearances by
AUSA Anthony Bruce; Shane Buczek appeared pro se. (Court Reporter
FTR Gold.) (LMG) (Entered: 05/15/2009)
05/15/2009 96 APPEARANCE Bond Entered as to Shane C. Buczek (DZ) (Entered:

05/18/2009)

05/15/2009 97 ORDER TO CONTINUE - Ends of Justice as to Shane C. Buczek ; Time

excluded from 5/16/09 until 5/15/09. Signed by Hon. H. Kenneth
Schroeder, Jr on 5/15/09.(DZ) (Entered: 05/18/2009)
05/28/2009 Summons Issued in case as to Shane C. Buczek: Docket Call set for
6/3/2009 10:30 AM before Hon. H. Kenneth Schroeder Jr. (LMG)
(Entered: 05/28/2009)
05/28/2009 99 ORDER Setting Conditions of Release as to Shane C. Buczek (1). Signed

by Hon. H. Kenneth Schroeder, Jr on 5/15/09.(LMG) (Entered:
05/28/2009)
made oral motion to travel to Texas to meet with attorney he may wish to
retain. Motion denied. Defendant directed to provide the Court with the
name of the attorney he has retained no later than 6/4/2009. Status
Conference set for 6/5/2009 at 03:30 p.m. Defendant reminded to follow
terms and conditions of bail previously imposed. Time Excluded as to
Shane C. Buczek from 6/3/2009 to 6/5/2009 pursuant to Title 18 USC 3161
(h)(7)(A) and (h)(7)(B)(iv). Appearances by AUSA Anthony Bruce; Shane
Buczek appeared pro se.(Court Reporter FTR Gold.)(LMG) (Entered:
06/03/2009)
06/03/2009 100 AFFIDAVIT OF ORIGINAL ISSUE, Notice to the Court of defendants

acceptance of the claim and Notice of the U.S. District Courts Western
District of New York Abandonment of Claim by Shane C. Buczek (DZ)
(Entered: 06/03/2009)
06/03/2009 101 MOTION for summary judgment to issue order granting great writ of
habeas corpus Rule 17 real party in interest by Shane C. Buczek. (DZ)
(Entered: 06/03/2009)
advised that he has a meeting scheduled with attorney David Jay on
6/6/2009. Appearance of Counsel Hearing set for 6/15/2009 at 02:30 PM
before Hon. H. Kenneth Schroeder Jr. Court found that defendant did not
violate the terms and conditions of bail alleged in the most recent
violation. Defendant ordered to removed himself from all social
networking sites by 5:00 p.m. on 6/8/2009. THE CLERK OF THE
COURT IS DIRECTED TO RECEIVE AND ACCEPT FOR FILING
ALL OF DEFENDANT'S FILINGS WITHOUT THE REQUIRED
CERTIFICATE OF SERVICE. Time Excluded as to Shane C. Buczek

from 6/5/2009 TO 6/15/2009 pursuant to Title 18 USC 3161(h)(7)(A) and

(h)(7)(B)(iv). Appearances by AUSA Anthony Bruce; Shane Buczek
appeared pro se; USPO Zenaida Piotrowicz. (Court Reporter FTR Gold.)
(LMG) (Entered: 06/08/2009)

Court Reporter/Transcriber Debra L. Potocki, Telephone number (843)
9/8/2009. (DZ) (Entered: 06/08/2009)

9/8/2009. (DZ) (Entered: 06/08/2009)

9/8/2009. (DZ) (Entered: 06/08/2009)

Status Conference as to Shane C. Buczek held on 6/15/2009. Attorney
David Jay, who was present in the courtroom, advised that defendant has
not retained him. Defendant confirmed that he will be proceeding pro se.
Scheduling Order to be entered. Time Excluded as to Shane C. Buczek
from 6/15/2009 to 7/17/2009 pursuant to Title 18 USC 3161(h)(7)(A) and
(h)(7)(B)(iv). Defendant requested permission to leave his residence in
order to work on his case at the UB Law School Library. Court directed
defendant to make application to the U.S. Probation Office for the sole
purpose of going to the UB Law School Library, the Federal Courthouse
Library or the Supreme Court Library. Appearances by AUSA Anthony
Bruce; Shane Buczek appeared pro se; Attorney David Jay. (Court
Reporter FTR Gold.)(LMG) (Entered: 06/16/2009)
06/15/2009 106 MEMORANDUM/BRIEF by Shane C. Buczek (DZ) (Entered: 06/17/2009)
06/17/2009 105 SCHEDULING ORDER as to Shane C. Buczek: Discovery completed by

6/30/2009; Motions due by 7/17/2009; Responses due by 8/14/2009. If no
motions are filed, parties directed to appear before the Hon. William M.
Skretny on 7/22/2009 at 09:00 AM. Signed by Hon. H. Kenneth
Schroeder, Jr on 6/15/09.(LMG) (Entered: 06/17/2009)
06/18/2009 107 BRIEF by Shane C. Buczek (DZ) (Entered: 06/19/2009)
06/26/2009 108 NOTICE/AMENDED WRIT OF RECOGNITIONE ADNULLANDA by

Shane C. Buczek (DZ) (Entered: 06/30/2009)
06/26/2009 109 NOTICE of Trustee Appointment, Power of Attorney and Trust

Stipulation by Shane C. Buczek ***Attachment to document maintained in
paper form in the Clerk's office due to the way the document was certified
and sealed.*** (DZ) (Entered: 06/30/2009)
06/30/2009 110 Verified Appointment Of Attorney filed by Shane C. Buczek (DZ)

(Entered: 07/01/2009)

Court Reporter/Transcriber Karen J. Bush, Telephone number (585) 613-
4312. Transcript may be viewed at the court public terminal or purchased
through the Court Reporter/Transcriber before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER.
Redaction Request due 7/21/2009. Redacted Transcript Deadline set for
7/31/2009. Release of Transcript Restriction set for 9/28/2009. (DR)
(Entered: 07/16/2009)

07/06/2009 111 MOTION/PETITION for post settlement and closure of account by Shane
C. Buczek. (DZ) (Entered: 07/07/2009)
07/07/2009 112 NOTICE as to Shane C. Buczek. Motions having been filed by the
deadline of 7/17/2009 as set by the Magistrate Judge, the status conference
scheduled for 7/11/2009 before William M. Skretny, U.S.D.J. is
CANCELED. (MEAL) (Entered: 07/07/2009)
07/07/2009 113 CORRECTED NOTICE as to Shane C. Buczek. Motions having been filed
by the deadline of 7/17/2009 as set by the Magistrate Judge, the status
conference scheduled for 7/22/2009 before William M. Skretny, U.S.D.J.
is CANCELED. (MEAL)(MEAL) (Entered: 07/07/2009)
07/08/2009 114 FINAL PETITION FOR POST SETTLEMENT AND CLOSURE

(Attachments: # 1 exhibit B and C)(DZ)**Exhibit A maintained in paper
form due to the way the document is sealed** (Entered: 07/09/2009)
07/08/2009 115 SUPPLEMENT AMENDED WRIT OF RECOGNITIIONE

ADNULLANDA by Shane C. Buczek **Attachments to this document are
maintained in paper form in the Clerk's office due to volume of exhibits**
(DZ) (Entered: 07/09/2009)
07/08/2009 146 Summons Returned Executed on 6/1/09. as to Shane C. Buczek. (DR)

(Entered: 10/26/2009)
07/13/2009 116 MOTION for work release by Shane C. Buczek. (DZ) (Entered:
07/14/2009)
07/13/2009 117 NOTICE OF HEARING by Shane C. Buczek (DZ) (Entered: 07/14/2009)
07/14/2009 118 TEXT ORDER as to Shane C. Buczek: The government shall respond to
defendant's 116 Petition for Work Release no later than 7/24/2009 after
which time the petition shall be taken under advisement. SO ORDERED.
Issued by the Hon. H. Kenneth Schroeder, Jr on 7/14/09.(LMG) (Entered:
07/14/2009)
07/16/2009 120 Second Supplement Amended Writ of Recognitione Adnullanda by Shane

Buczek (DZ) (Entered: 07/17/2009)
07/17/2009 121 MOTION for Extension of Time by Shane C. Buczek. (DZ) (Entered:
07/20/2009)

07/20/2009 122 SUPPLEMENTAL AMENDED PETITION FOR POST SETTLEMENT

AND CLOSURE by Shane Buczek. **Additional exhibits maintained in
paper form in the Clerk's office due to certification seal on document**
(DZ) (Entered: 07/21/2009)
07/20/2009 123 Certificate of Service by Shane C. Buczek (DZ) (Entered: 07/21/2009)
07/22/2009 124 MOTION to Strike (Motion to Strike the Defendant's Pretrial Filings as
Frivolous) by USA as to Shane C. Buczek. (Bruce, Anthony) (Entered:
07/22/2009)
07/22/2009 125 RESPONSE to Motion by USA as to Shane C. Buczek re 116 MOTION

for work release (Response to the Defendant's Petition for Work Release)
(Bruce, Anthony) (Entered: 07/22/2009)
07/24/2009 126 ORDER denying 45 Motion to Strike as to Shane C. Buczek (1). Signed by
Hon. H. Kenneth Schroeder, Jr. on July 24, 2009. (APG) (Entered:
07/24/2009)
07/24/2009 127 ORDER denying 7 Motion for Bill of Particulars as to Shane C. Buczek
(1). Signed by Hon. H. Kenneth Schroeder, Jr. on July 24, 2009. (APG)
(Entered: 07/24/2009)
07/24/2009 128 ORDER denying 39 Motion for Discovery as to Shane C. Buczek (1).
Signed by Hon. H. Kenneth Schroeder, Jr. on July 24, 2009. (APG)
(Entered: 07/24/2009)
07/24/2009 129 ORDER denying 116 Motion for Work Release as to Shane C. Buczek (1).
(Entered: 07/24/2009)
07/24/2009 130 ORDER denying 121 Motion for Extension of Time to File as to Shane C.
Buczek (1). Signed by Hon. H. Kenneth Schroeder, Jr on July 24, 2009.
(APG) (Entered: 07/24/2009)
07/24/2009 131 REPORT AND RECOMMENDATIONS as to Shane C. Buczek re 44

MOTION to Dismiss Count One Of The Indictment For Multiplicity.
Objections due ten days from receipt. Signed by Hon. H. Kenneth
Schroeder, Jr. on July 24, 2009. (APG) (Entered: 07/24/2009)

07/24/2009 132 ORDER denying 74 "Petition for Post Settlement and Closure of the
Account Under Public Policy, Affidavit of Specific Negative Averment" as
to Shane C. Buczek (1); denying 101 "Motion for Summary Judgement to
Issue Order Granting Great Writ of Habeas Corpus Rule 17 Real Party in
Interest" as to Shane C. Buczek (1); denying 111 "Petition for Post
Settlement and Closure of the Account Under Public Policy" as to Shane
C. Buczek (1); denying as moot 124 Motion to Strike as to Shane C.
Buczek (1). Signed by Hon. H. Kenneth Schroeder, Jr. on July 24, 2009.
(APG) (Entered: 07/24/2009)
07/24/2009 133 ORDER denying 92 "Emergency Motion to Provide for Inspection of Jury
List in Support of Future Motion to Dismiss Grand Jury Indictment
Pursuant to Title 28 Section 1867(a) and (F)" as to Shane C. Buczek (1).
(Entered: 07/24/2009)
08/10/2009 134 MOTION To Set A Trial Date by USA as to Shane C. Buczek. (Bruce,
08/14/2009 136 Minute Entry for proceedings held before Hon. Hugh B. Scott:Initial
Appearance re Petition for Revocation of supervised release as to Shane C.
Buczek held on 8/14/2009. Defendant advised of charges in violation
petition. Court enters denial on defendants behalf. Government motion to
detain defendant. Matter is scheduled before Judge Schroeder at 10:00am
on Monday August 17, 2009. Defendant is remanded. Appearances;
George Burgasser, AUSA, Anthony Bruce, AUSA, and AFPD Brian
Comerford ( for this proceeding only. ) (JDK) (Entered: 08/14/2009)
Bail Violation Status Hearing as to Shane C. Buczek held on 8/17/2009.
Court acknowledges attorney Brian Comerford from the public defenders
office is present. Court conditionally assigns Mr. Comerford. Defendant to
complete financial affidavit. The government moves to detain defendant.
Bail Review Hearing set for 8/20/2009 02:00 PM before Hon. H. Kenneth
Schroeder Jr. Defendant is continued detained and remanded.
Appearances; George Burgasser, AUSA on behalf of Anthony Bruce,
AUSA, Brian Comerford, AFPD with the defendant, USPO Scott Kawski
and USPOA Curtis Middlebrooks(Court Reporter FTR Gold.)(JDK)
(Entered: 08/17/2009)
08/17/2009 Attorney update in case as to Shane C. Buczek. Attorney Brian P.

Comerford for Shane C. Buczek added. (JDK) (Entered: 08/18/2009)

Bail Review Hearing as to Shane C. Buczek held on 8/20/2009. Defendant
completed financial affidavit. Defendant sworn, examined and determined
eligible for counsel. AFPD accepts appointment and is formally appointed
as standby counsel. Government moves for detention on the basis of
violation, argument held. Court denies the governments request. Defendant
to be released on EMS with conditions modified. Government moves for a
stay in order to appeal the decision to the District Court. Court denies the
governments request. Appearances; AUSA George Burgasser on behalf of
AUSA Anthony Bruce, AFPD Brian Comerford with defendant and USPO
Scott Kawski, and USPOA Curtis Middlebrooks (Court Reporter FTR
Gold.)(JDK) Modified on 8/20/2009 re: the governments request to appeal
decision(JDK). Modified on 12/11/2009 to reflect the AFPD's appointment
as standby counsel (LMG). (Entered: 08/20/2009)
08/20/2009 139 CJA 23 Financial Affidavit by Shane C. Buczek. (JDK) (Entered:

08/20/2009)
09/11/2009 140 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT

the 131 Report and Recommendation is deemed submitted. FURTHER
that a Status Conference is scheduled for 9/30/2009 at 9:00 a.m. before
William M. Skretny U.S.D.J., FURTHER, the 134 Governments Motion to
Set a Trial Date will be returnable on that same date and time. SO
ORDERED. Issued by William M. Skretny U.S.D.J. on 9/5/2009.(MEAL)
(Entered: 09/11/2009)
09/30/2009 141 TEXT ORDER. No party filed Objections to the Magistrate Judge's 131
Report and Recommendation in accordance with 28 U.S.C. § 636(b)(1)(C)
and Local Rule 72.3(a)(3). Having carefully reviewed the Report and
Recommendation, as well as the parties' submissions, this Court agrees
with the Magistrate Judge's legal and factual conclusions and will therefore
accept the Report and Recommendation. It hereby is ordered that the 131
Report and Recommendation is ACCEPTED. Further, that the Motion to
Dismiss Count One of the 44 Indictment is DENIED consistent with the
Magistrate Judge's recommendations. SO ORDERED. Issued by William
M. Skretny U.S.D.J. on 9/30/2009.(MEAL) (Entered: 09/30/2009)

09/30/2009 142 Minute Entry for proceedings held before William M. Skretny U.S.D.J:
Status Conference as to Shane C. Buczek held on 9/30/2009. Court to
accept Report and Recommendation. Order to be filed today. Defendant
requested additional discovery. Defendant's Motions are to be filed by
10/9/2009. Government response is due 10/30/2009. Defendant's reply is
due 11/10/2009. A Status Conference is set for 11/19/2009 at 9:00 AM
before William M. Skretny U.S.D.J. Time to be excluded pursuant to 3161
(h)(1)(D) and 3161(h)(7)(A). Government advises that a motion to
consolidate cases for trial may be forthcoming. For the govt. - Richard
Maigret for Anthony Bruce. For the deft. - Brian Comerford. Defendant
present. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered:
10/01/2009)
10/09/2009 143 MOTION for Discovery, MOTION for Release of Brady Materials,
MOTION for Disclosure, MOTION Preservation of Rough Notes and
Further Relief by Shane C. Buczek. (Attachments: # 1 Exhibits 1-3)
(Comerford, Brian) (Entered: 10/09/2009)
10/16/2009 144 RESPONSE to Motion by USA as to Shane C. Buczek re 143 MOTION

for Discovery MOTION for Release of Brady Materials MOTION for
Disclosure MOTION Preservation of Rough Notes and Further Relief
Government's Response To The Defendant's Pretrial Discovery Motion
(Bruce, Anthony) (Entered: 10/16/2009)

11/09/2009 147 REPLY TO RESPONSE to Motion by Shane C. Buczek re 143 MOTION

for Discovery MOTION for Release of Brady Materials MOTION for
Disclosure MOTION Preservation of Rough Notes and Further Relief
(Comerford, Brian) (Entered: 11/09/2009)
Status Conference as to Shane C. Buczek held on 11/19/2009. Discovery
ongoing. Defendant addressed the Court. Notice of Mistake with Affidavit
in Support Acceptance, Forgiveness and Request for Forgiveness,
Memorandum of Law provided to the Court. Court to file same. An
additional Status Conference is set for 12/10/2009 at 10:00 AM before
William M. Skretny U.S.D.J. Time to be Excluded pursuant to 3161(h)(7)
(A). For the govt. - Anthony Bruce. For the deft. - Brian Comerford.
(Court Reporter Michelle McLaughlin.)(MEAL) (Entered: 11/20/2009)

11/20/2009 149 NOTICE of Mistake with Affidavit in Support Acceptance, Forgiveness

and Request for Forgiveness, Memorandum of Law by Shane C. Buczek.
(MEAL) (Entered: 11/20/2009)
Status Conference as to Shane C. Buczek held on 12/10/2009. Jencks and
3500 material to be provided to defendant. Jury selection and Jury trial is
scheduled to commence on 2/16/2010 at 9:30 a.m.. A final Status
Conference is scheduled for 2/12/2010 at 9:00 AM before William M.
Skretny U.S.D.J. A final pretrial order to be issued. Court deems 149
NOTICE of Mistake with Affidavit in Support Acceptance, Forgiveness
and Request for Forgiveness, Memorandum of Law irrelevant to the
proceedings. Brian Comerford of the Federal Public Defender's Office is
attorney of record for the defendant. For the govt. - Charles Wydysh. For
the deft. - Brian Comerford. (Court Reporter Michelle McLaughlin.)
(MEAL) (Entered: 12/17/2009)
12/11/2009 150 PRETRIAL ORDER as to Shane C. Buczek. Jury selection is scheduled to

begin on 2/16/2010 at 9:30 AM. A final pretrial conference will be held on
1/27/2010 at 2:00 PM, and a final status conference will be held on
2/12/2010 at 9:00 AM. All will take place before the Hon. William M.
Skretny. Signed by Judge William M. Skretny on 12/10/2009.
(Attachments: # 1 Pretrial Order Attachment (criminal))(JCD) (Entered:
12/11/2009)
12/21/2009 152 AMENDED PRETRIAL ORDER as to Shane C. Buczek. Jury selection is

scheduled to begin on 3/2/2010 at 9:30 AM. A final pretrial conference
will be held on 2/23/2010 at 10:00 AM, and a final status conference will
be held on 3/1/2010 at 10:00 AM. All will take place before the Hon.
William M. Skretny. Signed by Judge William M. Skretny on 12/20/2009.
(Attachments: # 1 Pretrial Order Attachment)(JCD) (Entered: 12/21/2009)

Court Reporter/Transcriber Michelle L. McLauthlin, Telephone number
3/22/2010. (DZ) (Entered: 12/21/2009)

12/30/2009 154 ***DOCUMENT STRIKEN PURSUANT TO ORDER

#157***RESTATEMENT OF THE TRUST filed by Shane Buczek. (DZ)
Modified on 1/12/2010 (DR). (Entered: 12/31/2009)

#157***PETITION to Dismiss for Lack of Ratification of Commencement
by Shane C. Buczek. (DR) Modified on 1/12/2010 (DR). (Entered:
01/06/2010)

#157***AMENDED PETITION to Dismiss for Lack of Ratification of
Commencement by Shane C. Buczek. (DR) Modified on 1/12/2010 (DR).
(Entered: 01/06/2010)
01/11/2010 157 ORDER as to Shane C. Buczek DIRECTING that all filings on

Defendant's behalf be made by his attorney-of record; DIRECTING the
Clerk of the Court not to accept any submissions unless presented as
specified; DIRECTING the Clerk of the Court to strike Docket Nos. 154 ,
155 and 156 from the docket. Signed by William M. Skretny, Chief Judge,
U.S.D.C. on 1/8/2010.(MEAL) (Entered: 01/11/2010)
01/13/2010 158 Proposed Voir Dire by USA as to Shane C. Buczek (Bruce, Anthony)
(Entered: 01/13/2010)
01/13/2010 159 MOTION for Extension of Time to File Government's Motion For An
Extension Of Time To File Its Pretrial Submissions by USA as to Shane C.
Buczek. (Bruce, Anthony) (Entered: 01/13/2010)
01/14/2010 160 AFFIDAVIT by USA as to Shane C. Buczek 159 MOTION for Extension
of Time to File Government's Motion For An Extension Of Time To File
Its Pretrial Submissions filed by USA (Bruce, Anthony) (Entered:
01/14/2010)

Shane C. Buczek held on September 2, 2008 before Judge Honorable H.
Kenneth Schroeder, Jr.. Court Reporter/Transcriber Karen J. Bush,
Telephone number 585-613-4312. Transcript may be viewed at the court
public terminal or purchased through the Court Reporter/Transcriber
before the deadline for Release of Transcript Restriction. After that date it
may be obtained through PACER. Redaction Request due 2/9/2010.
Redacted Transcript Deadline set for 2/19/2010. Release of Transcript
Restriction set for 4/19/2010. (DR) (Entered: 01/19/2010)

01/21/2010 162 SECOND AMENDED PRETRIAL ORDER as to Shane C. Buczek. Jury

selection is scheduled to being on 4/6/2010 at 9:30 AM. A final pretrial
conference will be held on 3/15/2010 at 10:00 AM, and a final status
conference will be held on 3/26/2010 at 9:00 AM. All will take place
before the Hon. William M. Skretny. Signed by Judge William M. Skretny
on 1/19/2010. (Attachments: # 1 Pretrial Order Attachment (Criminal))
(JCD) (Entered: 01/21/2010)
01/27/2010 163 Proposed Jury Instructions by USA as to Shane C. Buczek (Bruce,

01/27/2010 164 WITNESS LIST by USA as to Shane C. Buczek (Bruce, Anthony)

(Entered: 01/27/2010)
01/27/2010 165 EXHIBIT LIST by USA as to Shane C. Buczek (Bruce, Anthony)

(Entered: 01/27/2010)
01/27/2010 166 TRIAL BRIEF by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:
01/27/2010)
02/11/2010 167 MOTION Status conference as to attorney representation by Shane C.

Buczek. (Comerford, Brian) (Entered: 02/11/2010)
02/16/2010 168 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED

THAT, the 167 Motion for the scheduling of a Status conference as to
attorney representation is GRANTED. Counsel for the parties and the
defendant are to appear before this Court on 2/18/2010 at 9:00 AM for a
Status Conference SO ORDERED. Issued by William M. Skretny, Chief
Judge U.S.D.C. on 2/16/2010.(MEAL) (Entered: 02/16/2010)
02/18/2010 169 Minute Entry for proceedings held before William M. Skretny, Chief
Judge:Status Conference as to Shane C. Buczek held on 2/18/2010.
Defendants requests to proceed pro se with Attorney Comerford as stand-
by counsel. Court will allow. Defendant advised that documents filed with
the Clerk of the Court must be in proper format or they will not be filed.
Requisite warnings given and findings made as to defendant proceeding
pro se. Trial to proceed as scheduled. For the govt. - Mary Baumgarten.
For the deft. - Shane Buczek, pro se, Brian Comerford, stand-by counsel.
Court Reporter Patricia Galas Jack W. Hunt & Associates, Inc.) (MEAL)
(Entered: 02/19/2010)
02/22/2010 170 MOTION for Recusal by Shane C. Buczek. (DZ) (Entered: 02/23/2010)

02/25/2010 171 NOTICE OF MISTAKE WITH DECLARATION IN SUPPORT NOTICE

OF ELECTION OF A CHOICE IN ACTION AND CONVERSION ON
ALL LIABILITY by Shane C. Buczek (DZ) (Entered: 02/25/2010)
02/26/2010 173 Minute Entry for proceedings held before William M. Skretny, Chief
Judge: Status Conference as to Shane C. Buczek held on 2/26/2010. Plea
did not go forward. For the govt. - Mary C. Baumgarten. For the deft. -
Shane Buczek, pro se, Brian Comerford Standby Counsel. (Court Reporter
Michelle McLaughlin.)(MEAL) (Entered: 03/03/2010)
03/01/2010 172 JUDICIAL NOTICE TO THE ADMINISTRATIVE COURT by Shane C.

Buczek (DZ) (Entered: 03/01/2010)

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Buczek 20100311 Docket Report Case 54

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U.S. DISTRICT COURT

Case title: USA v. Buczek Date Filed: 03/04/2008

Assigned to: Hon. William M.

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Pending Counts Disposition

Highest Offense Level

Terminated Counts Disposition

Highest Offense Level

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Date Filed # Docket Text

03/04/2008 1 SEALED INDICTMENT as to Shane C. Buczek (1) count(s) 1, 2, 3. (DZ)

03/07/2008 Case unsealed as to Shane C. Buczek (DZ) (Entered: 03/07/2008)

03/07/2008 Arrest of Shane C. Buczek in Northern District of California San Francisco

03/14/2008 3 SIGNATURE Bond Entered as to Shane C. Buczek in amount of $

03/14/2008 4 Rule 5(c)(3) Documents Received as to Shane C. Buczek from the

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03/18/2008 5 ORDER Setting Conditions of Release as to Shane C. Buczek (1)

03/21/2008 6 **STRICKEN from the Record pursuant to Order item #48**

03/21/2008 7 MOTION for Bill of Particulars by Shane C. Buczek. (JDK) (Entered:

03/24/2008 8 RESPONSE to Motion by USA as to Shane C. Buczek re 7 MOTION for

03/24/2008 10 **STRICKEN FROM THE RECORD pursuant to Order item #48**

03/26/2008 11 MEMORANDUM/BRIEF Motion To Strike The Defendant's "Indictment

03/26/2008 12 **STRICKEN FROM THE RECORD pursuant to Order item #48**

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03/27/2008 E-Filing Notification: Document to be refiled as a motion 11

03/27/2008 14 MOTION to Strike The Defendant's"Indictment On Counter Claim" by

03/29/2008 15 RESPONSE to Motion by USA as to Shane C. Buczek re 12 MOTION to

04/01/2008 16 MEMORANDUM IN OPPOSITION re 12 MOTION to Dismiss for Lack

04/04/2008 17 REFERRAL ORDER to Magistrate Judge H. Kenneth Schroeder, Jr. as to

04/10/2008 20 NOTICE OF ATTORNEY APPEARANCE: John J. Jablonski appearing

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04/14/2008 Attorney update in case as to Shane C. Buczek. Attorney Jonathan F.

04/16/2008 23 SCHEDULING ORDER as to Shane C. Buczek Discovery completed by

04/16/2008 24 AMENDED ORDER Setting Conditions of Release as to Shane C. Buczek

04/24/2008 25 TRANSCRIPT of Proceedings as to Shane C. Buczek held on 3/14/08

04/24/2008 26 TRANSCRIPT of Proceedings as to Shane C. Buczek held on 3/31/08

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05/05/2008 27 TRANSCRIPT of Proceedings as to Shane C. Buczek held on 4/11/08

05/08/2008 30 TEXT ORDER as to Shane C. Buczek. It is ORDERED that the Motion

05/12/2008 31 MOTION Determine Competency Motion To Determine The Competency

05/13/2008 32 Sealed Document (Exhibit A) as to Shane C. Buczek. (LMP) (Entered:

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06/17/2008 37 Sealed Document (psychiatric report dated 6/9/08) as to Shane C. Buczek.

06/17/2008 38 TEXT ORDER as to Shane C. Buczek. Government's motion to determine

06/18/2008 39 MOTION for Discovery by Shane C. Buczek. (Attachments: # 1

07/02/2008 40 RESPONSE to Motion by USA as to Shane C. Buczek re 39 MOTION for

07/11/2008 41 First MOTION for Extension of Time to File Discovery by Shane C.

07/14/2008 E-Filing Notification: document is not in compliance with signature

07/14/2008 42 MOTION for Extension of Time to File Pretrial Motions by Shane C.

07/17/2008 43 AMENDED SCHEDULING ORDER as to Shane C. Buczek: Motions due

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07/28/2008 44 MOTION to Dismiss Count One Of The Indictment For Multiplicity by

07/29/2008 45 MOTION to Strike Surplusage from Count Three of Indictment by Shane

08/01/2008 46 MOTION to Withdraw Document by Shane C. Buczek. (Attachments: # 1

08/06/2008 47 RESPONSE to Motion by USA as to Shane C. Buczek re 44 MOTION to

08/07/2008 48 ORDER granting 46 Motion to Withdraw and Strike Document as to

08/12/2008 50 Sealed Document (Affidavit) as to Shane C. Buczek. (LMP) (Entered:

03/21/2008 6 STRICKEN from the Record pursuant to Order item #48

03/24/2008 10 STRICKEN FROM THE RECORD pursuant to Order item #48

03/26/2008 12 STRICKEN FROM THE RECORD pursuant to Order item #48