Buczek 20100315 Docket Report Case 121

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U.S. DISTRICT COURT

U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00121-WMS-HKS-1
Case title: USA v. Buczek Date Filed: 04/21/2009
Assigned to: Hon. William M.

Skretny
Referred to: Hon. H. Kenneth
Schroeder, Jr
Defendant (1)
Shane C. Buczek represented by Shane C. Buczek
7335 Derby Road
Derby, NY 14047
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 F. Humann
Federal Public Defender
300 Pearl Street
Suite 200
Buffalo , NY 14202
(716) 551-3341
Fax: 716-551-3346
file:///C|/Users/ytddkd/Documents/A%20Working%20Fol.../Flakes%20&%20Cons/Buczek/Buczek%20121%20DktRpt.htm (1 of 16)3/5/2010 5:58:48 PM

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Email: John_Humann@fd.org
Pending Counts Disposition

BANK FRAUD 18:1344
(1)
OFFENSE COMMITTED
WHILE ON RELEASE 18:3147
(2)
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
Mary C. Baumgarten
U.S. Attorney's Office

Federal Centre
138 Delaware Avenue
Buffalo , NY 14202
716-843-5864
Fax: 716-551-3250
Email: mary.catherine.
baumgarten@usdoj.gov
Date Filed # Docket Text
04/21/2009 1 INDICTMENT as to Shane C. Buczek (1) count(s) 1, 2. (DR) (Entered:

04/24/2009)
05/06/2009 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:
Arraignment as to Shane C. Buczek (1) Count 1,2 held on 5/6/2009. Court
read charges contained in indictment to defendant and entered plea of not
guilty on his behalf. Defendant objected to the Court entering plea of not
guilty on his behalf. Defendant advised of rights. Government moved for
detention. Defendant objected to govenment'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; Shane
Buczek appeared pro se; USPO Scott Kawski. (Court Reporter FTR Gold.)
(LMG) (Entered: 05/06/2009)
Status Conference as to Shane C. Buczek held on 5/7/2009. Defendant
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 2 Appearance Bond Entered as to Shane C. Buczek in amount of $ $10,000.00

Signature. (DR) (Entered: 05/19/2009)
05/15/2009 3 ORDER TO CONTINUE - Ends of Justice as to Shane C. Buczek Time

excluded from 5/6/09 until 5/15/09.. Signed by Hon. H. Kenneth Schroeder,
Jr on 5/15/09.(DR) (Entered: 05/21/2009)
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 5 ORDER Setting Conditions of Release. Signed by Hon. H. Kenneth

Schroeder, Jr on 5/15/09.(LMG) (Entered: 05/28/2009)
Status Conference as to Shane C. Buczek held on 6/3/2009. Defendant 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)

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 remove 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)
06/08/2009 7 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to

Shane C. Buczek held on 5/6/09 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 6/29/2009. Redacted Transcript Deadline set for
7/9/2009. Release of Transcript Restriction set for 9/8/2009. (DZ) (Entered:
06/09/2009)

06/09/2009)


06/09/2009)
06/09/2009 6 REFERRAL ORDER to Magistrate Judge H. Kenneth Schroeder, Jr., as to

Shane C. Buczek. Signed by Judge William M. Skretny on 6/9/2009.(JCD)
(Entered: 06/09/2009)
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 11 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/17/2009)
06/17/2009 10 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 are 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 12 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/22/2009)


Shane C. Buczek held on 6/15/09 before Judge H. Kenneth Schroeder.
Court Reporter/Transcriber Karen J. Bush, Telephone number (585) 613-
7/31/2009. Release of Transcript Restriction set for 9/28/2009. (DR)
(Entered: 07/16/2009)
07/06/2009 14 AFFIDAVIT of Original Issue and Notice to the Court by Shane C. Buczek
(DZ) (Entered: 07/07/2009)
07/07/2009 13 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) (Entered: 07/07/2009)
07/08/2009 38 Summons Returned Executed on 6/1/09. as to Shane C. Buczek. (DR)

(Entered: 10/26/2009)
07/13/2009 15 MOTION for work release by Shane C. Buczek. (DR) (Entered: 07/14/2009)
07/13/2009 16 NOTICE OF HEARING by Shane C. Buczek (DR) (Entered: 07/14/2009)
07/15/2009 17 TEXT ORDER as to Shane C. Buczek: The government shall respond to

defendant's 15 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 7/15/09.(LMG) (Entered:
07/15/2009)
07/16/2009 19 Judicial Notice filed by Shane Buczek (DZ) (Entered: 07/17/2009)
07/17/2009 24 MOTION for Extension of Time by Shane C. Buczek. (Attachment

maintained in paper form in the Clerk's office due to certification of
document) (DZ) (Entered: 07/27/2009)
07/22/2009 20 RESPONSE to Motion by USA as to Shane C. Buczek re 15 MOTION for

work release (Response to the Defendant's Petition for Work Release)
(Bruce, Anthony) (Entered: 07/22/2009)
07/23/2009 21 MOTION to Strike The Defendant's Pretrial Filings As Frivolous by USA

as to Shane C. Buczek. (Bruce, Anthony) (Entered: 07/23/2009)

07/27/2009 22 ORDER denying 15 Motion for Work Release as to Shane C. Buczek (1).
Signed by Hon. H. Kenneth Schroeder, Jr. on July 27, 2009. (APG)
(Entered: 07/27/2009)
07/27/2009 23 ORDER denying relief sought in 11 Memorandum/Brief, 12 Memorandum/

Brief, 14 Affidavit, 19 Judicial Notice and denying as moot 21 Motion to
Strike as to Shane C. Buczek (1). Signed by Hon. H. Kenneth Schroeder, Jr
on July 27, 2009.(APG) (Entered: 07/27/2009)
07/27/2009 25 ORDER denying 24 Motion for Extension of Time to File as to Shane C.

Buczek (1). Signed by Hon. H. Kenneth Schroeder, Jr. on July 27, 2009.
(APG) (Entered: 07/27/2009)
08/11/2009 26 MOTION To Set A Trial Date by USA as to Shane C. Buczek. (Bruce,

Anthony) (Entered: 08/11/2009)
08/14/2009 27 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 the violation
petition and informed of rights. Court enters denial as to the charges.
Government moves to detain. Matter is scheduled for 10:00am on Monday
August 17, 2009 before Magistrate Judge Schroeder. Defendant remanded.
Appearances; George Burgasser, AUSA, Anthony Bruce, AUSA, Brian
Comerford, AFPD with defendant ( for this proceeding only. ) (JDK).
(Entered: 08/14/2009)
08/17/2009 28 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:
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)

08/20/2009 30 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:
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.
Government moves for detention on the basis of violation, argument held.
Court denies the governments request to detain. 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). (Entered: 08/20/2009)
08/20/2009 Defendant completed financial affidavit which was filed in 08-CR-54 (JDK)
(Entered: 08/20/2009)
09/11/2009 31 TEXT ORDER as to Shane C. Buczek. The 26 Government's Motion To Set

A Trial Date is returnable on 9/30/2009 at 9:00 a.m. before William M.
Skretny U.S.D.J. SO ORDERED. Issued by William M. Skretny U.S.D.J.
on 9/5/2009.(MEAL) (Entered: 09/11/2009)
09/30/2009 32 Minute Entry for proceedings held before William M. Skretny U.S.D.J:
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)

Shane C. Buczek held on August 17, 2009 before Judge H. Kenneth
Schroeder, Jr.. Court Reporter/Transcriber Christsi 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 10/26/2009. Redacted
Transcript Deadline set for 11/5/2009. Release of Transcript Restriction set
for 1/4/2010. (DR) (Entered: 10/05/2009)


Shane C. Buczek held on August 20, 2009 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
for 1/4/2010. (DR) (Entered: 10/05/2009)
10/09/2009 35 MOTION for Discovery, MOTION to Inspect, MOTION for Release of

Brady Materials, MOTION for Disclosure, MOTION Disclosure of
Witnesses' Statements, 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 36 RESPONSE to Motion by USA as to Shane C. Buczek re 35 MOTION for

Discovery MOTION to Inspect MOTION for Release of Brady Materials
MOTION for Disclosure MOTION Disclosure of Witnesses' Statements,
Preservation of Rough Notes and Further Relief Government's Response To
The Defendant's Pretrial Discovery Motion (Bruce, Anthony) (Entered:
10/16/2009)
10/21/2009 37 ARREST Warrant Returned Executed on 8/14/09 in case as to Shane C.

Buczek. (DZ) (Entered: 10/21/2009)
11/09/2009 39 REPLY TO RESPONSE to Motion by Shane C. Buczek re 35 MOTION for

Discovery MOTION to Inspect MOTION for Release of Brady Materials
MOTION for Disclosure MOTION Disclosure of Witnesses' Statements,
Preservation of Rough Notes and Further Relief (Comerford, Brian)
(Entered: 11/09/2009)
11/19/2009 40 Minute Entry for proceedings held before William M. Skretny U.S.D.J.:
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)
file:///C|/Users/ytddkd/Documents/A%20Working%20Fo...Flakes%20&%20Cons/Buczek/Buczek%20121%20DktRpt.htm (10 of 16)3/5/2010 5:58:48 PM

11/20/2009 41 NOTICE of Mistake with Affidavit in Support Acceptance, Forgiveness and

Request for Forgiveness, Memorandum of Law by Shane C. Buczek.
(Entered: 11/20/2009)
12/10/2009 44 Minute Entry for proceedings held before William M. Skretny U.S.D.J.:
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 3/2/2010 at 9:30 a.m. A final pretrial order to be
issued. Court deems 41 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. Time to be
excluded pursuant to 3161(h)(7)(A). For the govt. - Charles Wydysh. For
the deft. - Brian Comerford. (Court Reporter Michelle McLaughlin.)
(MEAL) Modified on 12/18/2009 (MEAL). (Entered: 12/17/2009)
12/16/2009 42 Proposed Jury Instructions by USA as to Shane C. Buczek (Bruce,

12/17/2009 43 WITNESS LIST by USA as to Shane C. Buczek (Bruce, Anthony)

(Entered: 12/17/2009)
12/18/2009 Pretrial Conference as to Shane C. Buczek set for 1/27/2010 @ 02:00 PM

before Hon. William M. Skretny. (JDK) (Entered: 12/18/2009)
12/18/2009 Status Conference as to Shane C. Buczek set for 2/12/2010 @ 09:00 AM

before Hon. William M. Skretny. (JDK) (Entered: 12/18/2009)
12/18/2009 45 Proposed Voir Dire by USA as to Shane C. Buczek (Bruce, Anthony)

(Entered: 12/18/2009)
12/18/2009 46 TRIAL BRIEF by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:

12/18/2009)
12/21/2009 47 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 12/20/2009.
(Attachments: # 1 Pretrial Order Attachment)(JCD) (Entered: 12/21/2009)
12/21/2009 48 EXHIBIT LIST by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:

12/21/2009)

12/21/2009 49 EXHIBIT LIST by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:

12/21/2009)

Shane C. Buczek held on December 10, 2009 before Judge Honorable
William M, Skretny. Court Reporter/Transcriber Michelle L. McLaughlin,
Telephone number 716-332-3560. 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
for 3/22/2010. (DR) (Entered: 12/23/2009)
12/30/2009 52 ***DOCUMENT STRIKEN PURSUANT TO ORDER

#59***RESTATEMENT OF THE TRUST filed by Shane Buczek. (DR)
Modified on 1/12/2010 (DR). (Entered: 01/06/2010)
12/30/2009 53 ***DOCUMENT STRIKEN PURSUANT TO ORDER #59***PETITION

to Dismiss for Lack of Ratification of Commencement by Shane C. Buczek.
(DR) Modified on 1/12/2010 (DR). (Entered: 01/06/2010)
01/04/2010 51 NOTICE by Shane C. Buczek re 46 Trial Brief Defendant's Response to

Government's Trial Memorandum and Motion in Limine (Comerford, Brian)
(Entered: 01/04/2010)
01/04/2010 54 ***DOCUMENT STRIKEN PURSUANT TO ORDER #59***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)
01/07/2010 55 NOTICE OF ATTORNEY APPEARANCE: John F. Humann appearing for

Shane C. Buczek as Co-Counsel (Humann, John) (Entered: 01/07/2010)
01/08/2010 56 MOTION to Adjourn Trial by Shane C. Buczek. (Humann, John) (Entered:

01/08/2010)
01/08/2010 57 NOTICE OF ATTORNEY APPEARANCE Mary C. Baumgarten appearing

for USA. (Baumgarten, Mary) (Entered: 01/08/2010)
01/11/2010 58 NOTICE as to Shane C. Buczek. The Defendant's 56 Motion to Adjourn

Trial is returnable on 1/14/2010 at 9:00 AM before William M. Skretny,
Chief Judge, U.S.D.C. (MEAL) (Entered: 01/11/2010)

01/11/2010 59 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. 52 , 53 and 54
from the docket. Signed by William M. Skretny, Chief Judge, U.S.D.C. on
1/8/2010.(MEAL) (Entered: 01/11/2010)
01/14/2010 60 Minute Entry for proceedings held before William M. Skretny U.S.D.J.: 56
Motion to Adjourn trial date as to Shane C. Buczek held on 1/14/2010.
Court grants the Defendant's Motion to Adjourn. Jury selection and Jury
trial is now scheduled to commence on 3/2/2010 at 9:30 a.m. An amended
final pretrial order to be issued. Amended pretrial orders to be issued in
other cases as well. Last trial to commence on 6/28/2010. Possible recusal
motion to be filed. Defendant to meet with his counsel. Time to be excluded
pursuant to 3161(h)(7)(A). For the govt. - Anthony Bruce, Mary C.
Baumgarten. For the deft. - Brian Comerford, John Humann. (Court
Reporter Michelle McLaughlin.)(MEAL) (Court Reporter Michelle
McLaughlin.)(MEAL) (Entered: 01/18/2010)
01/21/2010 61 AMENDED PRETRIAL ORDER as to Shane C. Buczek. Jury selection

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 1/19/2010.
(Attachments: # 1 Pretrial Order Attachment (Criminal))(JCD) (Entered:
01/21/2010)
02/11/2010 62 MOTION Status conference as to attorney representation by Shane C.

Buczek. (Comerford, Brian) (Entered: 02/11/2010)
02/16/2010 63 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT,

the 62 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 64 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 65 PETITION to Dismiss for Lack of Ratification of Commencement and No

Controversy by Shane C. Buczek. (DR) (Entered: 02/23/2010)
02/22/2010 66 **STRICKEN FROM THE RECORD pursuant to Order document #72**

AFFIDAVIT of Negative Averment, Opportunity to Cure, and
Counterclaim by Shane C. Buczek (DR) Modified on 3/1/2010 (DR).
(Entered: 02/23/2010)
02/22/2010 67 GLOBAL DEMAND to Recuse AUSA Anthony Bruce, Kathleen M.

Mehltretter, Mary C. Baumgarten & all AUS Attorney's in Western District
of New York Attorney Office for Conflict of Interest by Shane C. Buczek.
(DR) (Entered: 02/23/2010)
Final Pretrial Conference as to Shane C. Buczek held on 2/23/2010. Final
Pretrial conference held. Defendant Buczek advises that he has filed
documents. Court directs government to file response. Court reviews
pretrial submission checklist. Any additional trial submissions by Defendant
Buczek must be filed by Monday, March 1, 2010, at 10:00 a.m. Parties to
confer regarding stipulations. Court resolves Motions in Limine by Bench
Statement. March 3, 2010 trial day will not begin until 2:00 p.m. Final
Status conference scheduled for March 1, 2010, at 10:00 a.m. Trial WILL
COMMENCE at 9:30 a.m., March 2, 2010, with jury selection, opening
statements, and perhaps the beginning of proof. For the govt.- Mary
Baumgarten, Anthony Bruce. For Deft. - Shane Buczek, pro se, Brian P.
Comerford, standby counsel. (Court Reporter Patricia Galas Jack W. Hunt
& Associates, Inc.)(MEAL) (Entered: 02/25/2010)
02/24/2010 68 GLOBAL DEMAND to Dismiss for Malicious, Selective, Vindictive

Prosecution and Disqualification of AUSA Anthony Bruce by Shane C.
Buczek. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit E (con't), #
4 Exhibit F and Exhibit G, # 5 Exhibit H)(DR) (Entered: 02/24/2010)

02/25/2010 69 MEMORANDUM/BRIEF The Government's Response to the Defendant's

Motion to Recuse the United States Attorney's Office from Prosecuting this
Case by USA as to Shane C. Buczek (Baumgarten, Mary) (Entered:
02/25/2010)
02/25/2010 71 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 72 DECISION AND ORDER DENYING Defendant's 65 Petition to Dismiss

for Lack of Ratification of Commencement and No Controversy;
DENYING 66 Defendant's Affidavit of Negative Averment, Opportunity to
Cure, and Counterclaim to the extent it seeks dismissal of the indictment;
DIRECTING the Clerk of the Court to STRIKE Docket No. 66 from the
docket; DENYING Defendants 67 Global Demand to Recuse AUSA
Anthony Bruce, Kathleen M. Mehltretter, Mary C. Baumgarten & ALL
AUS Attorneys In Western District of New York Attorney Office for
Conflict of Interest; DENYING Defendant's 68 Global Demand to Dismiss
for Malicious, Selective, Vindictive Prosecution and Disqualification of
AUSA Anthony Bruce. SO ORDERED. Issued by William M. Skretny,
Chief Judge U.S.D.C.on 2/26/2010. (MEAL) (Entered: 02/26/2010)
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 73 WITNESS LIST by USA as to Shane C. Buczek (Baumgarten, Mary)

(Entered: 03/01/2010)
03/01/2010 74 EXHIBIT LIST by USA as to Shane C. Buczek (Baumgarten, Mary)

(Entered: 03/01/2010)

(Entered: 03/01/2010)
03/01/2010 76 MANDATORY JUDICIAL NOTICE by Shane C. Buczek. (DR) (Entered:

03/01/2010)
03/01/2010 77 AMENDED NOTICE of MISTAKE with Declaration in Support Notice of

Election of a Chose in Action and Conversion on all Liability by Shane C.
Buczek. (DR) (Entered: 03/01/2010)

03/01/2010 78 PETITION for Post Settlement and Closure of the Account Under Public
Policy by Shane C. Buczek. (Attachments: # 1 Continuation #1, # 2
Continuation #2, # 3 Continuation #3, # 4 Continuation #4., # 5
Continuation #5, # 6 Continuation #6, # 7 Continuation i#7, # 8
Continuation #8)(DR) (Entered: 03/01/2010)

(Entered: 03/01/2010)
03/01/2010 E-Filing Notification: Document missing attorneys electronic signature. NO

Action required: For future reference, all documents require electronic
signatures. 75 EXHIBIT LIST by USA as to Shane C. Buczek (Baumgarten,
Mary) (DR) (Entered: 03/02/2010)
03/02/2010 80 NOTICE OF MISTAKE and EXPRESSION OF TRUST by Shane C.

Buczek. (DR) (Entered: 03/02/2010)
03/02/2010 81 NOTICE OF CONDITIONAL ACCEPTANCE & WITNESS LIST FOR

SHANE C. BUCZEK by Shane C. Buczek. (DR) (Entered: 03/02/2010)
03/04/2010 84 Sealed Document as to Shane C. Buczek. (DR) (Entered: 03/05/2010)
03/05/2010 83 Proposed Jury Instructions by USA as to Shane C. Buczek (Bruce,


Buczek 20100315 Docket Report Case 121

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U.S. DISTRICT COURT

Case title: USA v. Buczek Date Filed: 04/21/2009

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

04/21/2009 1 INDICTMENT as to Shane C. Buczek (1) count(s) 1, 2. (DR) (Entered:

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05/15/2009 2 Appearance Bond Entered as to Shane C. Buczek in amount of $ $10,000.00

05/15/2009 3 ORDER TO CONTINUE - Ends of Justice as to Shane C. Buczek Time

05/28/2009 5 ORDER Setting Conditions of Release. Signed by Hon. H. Kenneth

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06/08/2009 7 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to

06/08/2009 8 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to

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06/08/2009 9 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to

06/09/2009 6 REFERRAL ORDER to Magistrate Judge H. Kenneth Schroeder, Jr., as to

06/15/2009 11 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/17/2009)

06/17/2009 10 SCHEDULING ORDER as to Shane C. Buczek: Discovery completed by

06/18/2009 12 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/22/2009)

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06/30/2009 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to

07/08/2009 38 Summons Returned Executed on 6/1/09. as to Shane C. Buczek. (DR)

07/13/2009 16 NOTICE OF HEARING by Shane C. Buczek (DR) (Entered: 07/14/2009)

07/15/2009 17 TEXT ORDER as to Shane C. Buczek: The government shall respond to

07/16/2009 19 Judicial Notice filed by Shane Buczek (DZ) (Entered: 07/17/2009)

07/17/2009 24 MOTION for Extension of Time by Shane C. Buczek. (Attachment

07/22/2009 20 RESPONSE to Motion by USA as to Shane C. Buczek re 15 MOTION for

07/23/2009 21 MOTION to Strike The Defendant's Pretrial Filings As Frivolous by USA

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07/27/2009 23 ORDER denying relief sought in 11 Memorandum/Brief, 12 Memorandum/

07/27/2009 25 ORDER denying 24 Motion for Extension of Time to File as to Shane C.

08/11/2009 26 MOTION To Set A Trial Date by USA as to Shane C. Buczek. (Bruce,

08/17/2009 Attorney update in case as to Shane C. Buczek. Attorney Brian P.

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09/11/2009 31 TEXT ORDER as to Shane C. Buczek. The 26 Government's Motion To Set

10/05/2009 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to

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10/05/2009 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to

10/09/2009 35 MOTION for Discovery, MOTION to Inspect, MOTION for Release of

10/16/2009 36 RESPONSE to Motion by USA as to Shane C. Buczek re 35 MOTION for

10/21/2009 37 ARREST Warrant Returned Executed on 8/14/09 in case as to Shane C.

11/09/2009 39 REPLY TO RESPONSE to Motion by Shane C. Buczek re 35 MOTION for

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11/20/2009 41 NOTICE of Mistake with Affidavit in Support Acceptance, Forgiveness and

12/16/2009 42 Proposed Jury Instructions by USA as to Shane C. Buczek (Bruce,

12/17/2009 43 WITNESS LIST by USA as to Shane C. Buczek (Bruce, Anthony)

12/18/2009 Pretrial Conference as to Shane C. Buczek set for 1/27/2010 @ 02:00 PM

12/18/2009 Status Conference as to Shane C. Buczek set for 2/12/2010 @ 09:00 AM

12/18/2009 45 Proposed Voir Dire by USA as to Shane C. Buczek (Bruce, Anthony)

12/18/2009 46 TRIAL BRIEF by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:

12/21/2009 47 PRETRIAL ORDER as to Shane C. Buczek. Jury selection is scheduled to

12/21/2009 48 EXHIBIT LIST by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:

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12/21/2009 49 EXHIBIT LIST by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:

12/22/2009 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to

12/30/2009 52 ***DOCUMENT STRIKEN PURSUANT TO ORDER

12/30/2009 53 ***DOCUMENT STRIKEN PURSUANT TO ORDER #59***PETITION

12/30/2009 53 DOCUMENT STRIKEN PURSUANT TO ORDER #59PETITION

01/04/2010 54 DOCUMENT STRIKEN PURSUANT TO ORDER #59AMENDED

02/22/2010 66 STRICKEN FROM THE RECORD pursuant to Order document #72