Information — United States v. Shibley (Dkt. 165, W.D. Wash. No. 2:20-cr-00174)

Record facts

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 165 · 2022-05-11 · Docket on CourtListener

Full text

June 30, 2020
Proceedings recorded by mechanical stenography; transcript produced with aid of computer
1
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
_____________________________________________________________
UNITED STATES OF AMERICA, 
Plaintiff,
v.
ERIC SHIBLEY, 
Defendant.
 
)
)
)
)
)
)
)
)
)
)
)
)
 
CASE NO. MLP-20-385-MLP 
 
    CR20-0174-JCC
Seattle, Washington
June 30, 2020 
10:30 a.m. 
INITIAL APPEARANCE
held via Zoom
______________________________________________________________
    VERBATIM REPORT OF PROCEEDINGS
BEFORE THE HONORABLE MICHELLE L. PETERSON
UNITED STATES MAGISTRATE JUDGE
______________________________________________________________
APPEARANCES: 
For the Plaintiff:
AMANDA VAUGHN 
LAURA CONNELLY 
United States Department of Justice 
Criminal Division
1400 New York Avenue NW, Room 10100
Washington, DC 20530 
BRIAN WERNER 
United States Attorney's Office 
700 Stewart Street, Suite 5220
Seattle, WA 98101 
For the Defendant: 
MICHAEL NANCE 
Law Offices of Michael Nance 
PO Box 11276 
Bainbridge Island, WA 98110 
 
Reported by:
NANCY L. BAUER, CCR, RPR
Federal Court Reporter 
700 Stewart Street, Suite 17205 
Seattle, WA 98101
nancy_bauer@wawd.uscourts.gov              
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 1 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
2
PROCEEDINGS
_____________________________________________________________ 
THE CLERK:  The United States District Court for the 
Western District of Washington is now in session, the Honorable 
Michelle L. Peterson, presiding.  
The matter before the court is an initial appearance in 
Cause No. MJ-20-385, United States of America versus Eric 
Shibley.
Counsel, please make your appearances for the record. 
MS. VAUGHN:  Good afternoon, Your Honor.  Amanda 
Vaughn for the United States, here with my colleagues. 
MR. WERNER:  And good afternoon, Your Honor.  Brian 
Werner on behalf of the United States. 
MS. CONNELLY:  And good morning, Your Honor.  Laura 
Connelly on behalf of the United States. 
MR. NANCE:  Good afternoon, Your Honor.  Michael Nance 
for Eric Shibley. 
THE COURT:  And from probation?  
THE PROBATION OFFICER:  Good afternoon.  Lorraine 
Bolle from Pretrial Services. 
THE COURT:  Good afternoon, Officer Bolle.  
Good afternoon, Mr. Shibley.  Are you able to hear me okay?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Okay.  Do you have a phone next to you 
that would allow you to have a confidential communication with 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 2 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
3
Mr. Nance?  
THE DEFENDANT:  I have a landline next to me. 
THE COURT:  Do you need to speak with Mr. Nance 
privately?  Were you able to speak to him?  
THE DEFENDANT:  I was able to speak. 
THE COURT:  Okay.  
If at any time you would like to speak to Mr. Nance, just 
let the court know, and the U.S. marshals can dial out to 
Mr. Nance so that you can have a private conversation if you 
have any questions during this hearing.  Okay?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Now, prior to the hearing, did Mr. Nance 
talk to you about your right to appear in person at this 
hearing?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Are you having a hard time hearing me, or 
are you just leaning forward to talk into the mike?  
THE DEFENDANT:  No, I can hear. 
THE COURT:  After consulting with Mr. Nance about the 
pandemic and appearing by video conferencing, do you consent to 
appear by video conference today?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Okay.  We have made this hearing open to 
the public via a call-in number on the court's website, so 
family, friends, media, interested parties can listen in to the 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 3 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
4
hearing, and I will note that there are a number of call-in 
people shown, which means people are taking advantage of the 
call-in number. 
Okay.  We also have a court reporter appearing today, and 
she's going to be taking everything down.  So if at any time 
you're not able to hear, Ms. Bauer, just let us know. 
All right.  Mr. Shibley, do you have in front of you a copy 
of the complaint that was filed against you?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Okay.  Did you have an opportunity to 
speak to Mr. Nance about that complaint?  
THE DEFENDANT:  Not particularly about the complaint, 
because I just skimmed through it five minutes ago. 
THE COURT:  Okay.  What we're going to do today is, 
I'm going to ask the lawyers representing the government to go 
over the allegations contained in the complaint, as well as the 
maximum penalties.  
But before we do that, Mr. Shibley, you have a couple of 
rights I'd like to go over with you. 
You have the right to remain silent.  You don't need to 
make any statement in court today.  If you start to make a 
statement and you decide you want to invoke your right to 
silence, you can do that at any time.  You also don't have to 
make any statements to law enforcement about this case.  Do you 
understand that?  
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 4 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
5
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  You also have the right to have counsel 
present with you to assist you at this hearing and all future 
hearings and to assist you in the defense of this case.  If you 
can't afford counsel, you can ask the court to appoint counsel 
on your behalf.  
I understand that you have retained Mr. Nance, and you are 
not requesting court-appointed counsel at this time. 
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Okay.  Mr. Werner, are you going to be 
speaking on behalf of the government?  
MR. WERNER:  No, Your Honor; Ms. Vaughn.
MS. VAUGHN:  I am, Your Honor. 
THE COURT:  Ms. Vaughn, please go over the counts in 
the complaint as well as the maximum possible penalties 
associated with those counts.  And, Mr. Shibley, Ms. Vaughn is 
going to go over the maximum penalties, so it's the most that 
you can be punished.
Go ahead, Ms. Vaughn.
MS. VAUGHN:  Yes, Your Honor.  
The criminal complaint charges Mr. Shibley with two counts.  
Count 1 charges Mr. Shibley with wire fraud and alleges that in 
or around April 2020 through in or around June 2020, at Seattle 
in the Western District of Washington and elsewhere, the 
defendant knowingly devised and intended to devise a scheme and 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 5 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
6
artifice to defraud the United States to obtain money and 
property by means of false and fraudulent pretenses, 
representations and promises, and attempted to do so.  
It alleges that, as part of the scheme to defraud, the 
defendant submitted false and misleading loan applications to 
various financial institutions in order to obtain funds under 
the Paycheck Protection Program and the Economic Injury Disaster 
Loan Program.  
It is further part of the scheme to defraud that the 
defendant submitted a loan application to Financial 
Institution 1, seeking more than $560,000 in funds under the 
Paycheck Protection Program on behalf of an entity called 
Detroit Construction LLC, and that the defendant included in the 
loan application multiple material false statements that 
included, one, that as of February 15th, 2020, Detroit 
Construction LLC was in operation and had employees for which it 
paid unemployment taxes, or had independent contractors; two, 
that Detroit Construction LLC had monthly payroll expenses of 
$225,400; and, three, that the defendant was not currently on 
probation.  
To execute this scheme, the complaint alleges that on or 
about April 30th, 2020, at Seattle in the Western District of 
Washington and elsewhere, the defendant transmitted and caused 
to be transmitted, by means of interstate wire communication, a 
Paycheck Protection Program loan application on behalf of 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 6 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
7
Detroit Construction LLC, from the Western District of 
Washington -- 
THE COURT:  Ms. Vaughn, you're going to have to slow 
down.  Ms. Vaughn, stop.  You're going to have to slow down.  We 
have court reporter, and, as you're reading, you are speeding 
up.  
MS. Vaughn:  I will slow down, Your Honor.  I'll back 
up.  
To execute the scheme, the complaint alleges that, on or 
about April 30th, 2020, the defendant transmitted or caused to 
be transmitted an interstate wire communication that was a 
transmission of a Paycheck Protection Program loan application 
on behalf of Detroit Construction LLC from the Western District 
of Washington to Financial Institution 1 in Utah. 
Count 2 of the complaint charges the defendant with bank 
fraud.  It alleges that from in or around April 2020 through in 
or around June 2020, at Seattle in the Western District of 
Washington and elsewhere, the defendant knowingly executed and 
attempted to execute a scheme to obtain monies owned and under 
the care, custody, and control of Financial Institution No. 1 by 
means of false and fraudulent representations and promises.  
It further alleges that Financial Institution 1 is a 
federally insured financial institution as is defined in 
Section 20 of Title 18 of the United States Code.  
The complaint alleges that as part of the scheme to 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 7 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
8
defraud, Mr. Shibley, the defendant, submitted a loan 
application under the Paycheck Protection Program to Financial 
Institution 1 on behalf of Detroit Construction LLC for more 
than $560,000, and that loan application included the same 
material false statements that were described with respect to 
Count 1, the wire fraud count.  
The complaint alleges that, to execute the scheme on or 
about April 30th, 2020, at Seattle in the Western District of 
Washington and elsewhere, the defendant submitted that loan 
application in the name of Detroit Construction LLC to Financial 
Institution 1, which included the materially false statements.  
The maximum penalties for wire fraud, as charged in 
Count 1, is 20 years of imprisonment, a fine not to exceed 
$250,000 or twice any pecuniary gain or loss, up to three years 
supervised release, a mandatory special assessment of $100, 
restitution, and forfeiture of property as may be required. 
The maximum penalties for bank fraud, which is charged in 
Count 2, is up to 30 years imprisonment, a maximum fine of 
$1 million or twice any pecuniary gain or loss, up to five years 
of supervised release, a mandatory special assessment of $100, 
restitution, and forfeiture of property as may be required. 
THE COURT:  Thank you, Ms. Vaughn.  
Mr. Nance, do you concur with the overview of the counts 
and the maximum penalties?  
Mr. Nance, I can't hear you.  I think you're on mute. 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 8 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
9
MR. NANCE:  Let me try again.  Can you hear me now?  
THE COURT:  Much better.    
MR. NANCE:  Yeah, we don't (inaudible) -- 
(Court reporter interrupts.)
MR. NANCE:  Is that better?  
Yeah, we aren't contesting probable cause.  We agree that 
the maximum penalties, as stated, are accurate. 
THE COURT:  Thank you, Mr. Nance.  
Are you going to be waiving the preliminary hearing, or do 
you still want a preliminary hearing scheduled?  
MR. NANCE:  I would like to keep it on the books for 
the moment, and we can maybe talk later about waiving it.  I'll 
go ahead and reserve it. 
THE COURT:  Yes.  Okay.  
Mr. Shibley, do you understand the allegations against you?  
I know you haven't had a chance to review the entire complaint, 
but do you understand the allegations?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Okay.  So I do not have -- first, let's 
schedule a preliminary hearing date.  I believe he's going to be 
out of custody, since I don't have a motion for detention, so we 
can go out 21 days, if necessary.  
Ms. Vaughn, did you want to say something?  
MS. VAUGHN:  No, Your Honor.  I was just going to 
confirm that we weren't filing a motion for detention. 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 9 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
10
THE COURT:  Thank you.  
THE CLERK:  Your Honor, a preliminary hearing is 
scheduled for Tuesday, July 21st, at 1:00 p.m., before Judge 
Tsuchida. 
THE COURT:  All right.  So the only issue before the 
court, then, since there has not been a request for detention by 
the government, is what conditions are necessary to ensure that, 
Mr. Shibley, you will appear at your next court hearing and that 
the community will be safe from any potential actions by you.  
Mr. Nance, did you have a chance to go through the Pretrial 
Services report with Mr. Shibley and talk about the conditions?  
MR. NANCE:  I did, and I believe they are agreeable. 
THE COURT:  Okay.  
And, Ms. Vaughn, I assume -- did you want any input on the 
conditions, or were the proposed conditions acceptable to you?  
MS. VAUGHN:  Yes, Your Honor, the proposed conditions 
are acceptable to the government.  We would also request that 
the defendant be barred from contacting witnesses, and we can 
provide a list of the witnesses in which the government is 
currently aware, to the court, if need be. 
THE COURT:  I think that's one of our standard 
conditions. 
MS. VAUGHN:  Our understanding was that the standard 
condition was not to tamper with witnesses, but -- 
THE COURT:  No -- 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 10 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
11
MS. VAUGHN:  -- if it is standard not to contact them, 
then the no-contact is what we're seeking. 
THE COURT:  No, you're correct, it is tamper. 
Mr. Nance, any issues with adding that?  Or does he still 
bank with these banks?  
MR. NANCE:  He does have a banking relationship, and 
he also has -- he actually has -- I know the government is 
skeptical of this -- he actually does have his employees that 
the government would probably consider witnesses.  So it seems 
that -- (inaudible) -- 
(Court reporter interrupts.)
MR. NANCE:  Mr. Shibley actually has employees, 
current employees, that the government may regard as witnesses.  
I don't know that we want to agree that he should not be 
permitted to speak to current employees, if they're actually 
doing legitimate work for him. 
THE COURT:  Okay.  Well, what we will add, then, is he 
will do the special condition of no contact with witnesses or 
victims, and no discussion or conversations with witness or 
victims about the investigation in this case. 
MR. NANCE:  That's fine. 
THE COURT:  Does that work for you, Ms. Vaughn?  
MS. VAUGHN:  That's fine with the government, Your 
Honor. 
THE COURT:  Okay.  Ms. Prather, did that make sense to 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 11 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
12
you?  
THE CLERK:  Yes, Your Honor.  I've added that 
condition, the "except for it should not be regarding the case." 
THE COURT:  Okay.  "The investigation in this case." 
So, Mr. Shibley, I know that you've gone over this with 
Mr. Nance.  
What I'm going to do at this time is, the court clerk is 
going to draft up an appearance bond, and this is going to be an 
agreement that you're going to make, to abide by certain 
conditions while you're on pretrial release.  
Obviously, I can't give those conditions or the appearance 
bond to you in person, so what will happen is, your attorney is 
going to review it and go over it with you on a separate phone 
line.  We might have to have the U.S. marshals open up that 
line.  And the court clerk is going to email it to government 
counsel, as well as your attorney and me.  We'll all go through 
it together.  You'll go through it privately with Mr. Nance, and 
then when we come back into court, I'm going to ask you if you 
have any questions or confusions about the conditions.  I'll 
then go over the conditions, and I'll have you affirm on the 
record that you will agree to those conditions. 
And then before you leave the courthouse today, the U.S. 
marshals will print you that appearance bond so that you have 
those conditions with you before you leave.  Okay?  
Ms. Prather, if you could send that around, and if the 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 12 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
13
United States marshals can open up the attorney line so that 
Mr. Nance -- and, Mr. Nance, if you could go over each and every 
one of those conditions with Mr. Shibley, because I will ask you 
on the record to confirm that you've done that.  
Let's mute, Mr. Nance.  
THE CLERK:  Your Honor, this is the clerk.  The 
appearance bond has been sent to all parties. 
(Off the record.)  
THE COURT:  Mr. Nance, can you hear?  
MR. NANCE:  Yeah, I can, I can, but I'm not seeing 
you. 
THE COURT:  It's not important to see me. 
MR. NANCE:  Yep. 
THE COURT:  Okay. 
MR. NANCE:  I made a mistake.  In readily agreeing to 
a couple of conditions, because I, frankly, just hadn't read 
them closely enough, among the special conditions are that, as 
currently set forth, the defendant shall not use, possess, or 
have access to a computer or a computer component.  
I thought we were agreeing to his being fully monitored 
with anything that he would do online.  
He's a physician.  He's got lots of reasons that he needs 
to get online -- email, communicating with patients, and living 
life -- and that seems particularly restrictive to me, in view 
of his willingness to, basically, pay for the installation of 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 13 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
14
monitoring software so that anything he does or visits online, 
on either his laptops or his cell phone, the government and the 
court is going to know about it.  So that's one exception -- 
major exception we have. 
The other is this notion of being required to submit to 
polygraph tests, which was not a part of what -- this kind of 
started earlier today.  The government went over its notion of 
what the proper conditions would be, and there was no reference 
to a polygraph or anything of that. 
We were agreeable to that, and I think we were agreeable to 
everything else, but not this notion of no access to computers 
in general and being required to submit to a polygraph. 
THE COURT:  Well, okay.  So let me take the first one. 
So he's not to have access without the prior approval of 
Pretrial Services, but I agree it needs to be explicit that he 
may have access to his computers in order to conduct business, 
with the proper monitoring of his computers. 
Does that need to be explicit, or are you concerned that 
Pretrial Services is going to revoke his right to use computers?  
MR. NANCE:  Well, the way this is currently written, 
it is "the defendant shall not use, possess, or have access to a 
computer or a computer component." 
THE COURT:  Without the approval of Pretrial Services.  
Do you need me to explicitly include that condition?  
MR. NANCE:  I do see that.  
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 14 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
15
Well, I guess as long as we're clear that the default would 
be that he can use the computer, except for these forbidden 
purposes, looking for COVID-related financial relief or other 
such things. 
THE COURT:  No, Mr. Nance.  The default will be he 
cannot use his computer unless he needs to use it to run his 
businesses and support his livelihood.  So that's my impression 
of why that condition is written the way it is. 
If Pretrial Services is too restrictive and is not 
permitting Mr. Shibley to access his computers with the proper 
monitoring software, then that's something that you can bring to 
the court's attention.  But I do think this is a necessary 
condition, given the allegations in the complaint.
MR. NANCE:  All right.  
THE COURT:  It is a privilege to be able to use his 
computers to continue operating his business, and that privilege 
is going to come with the proper monitoring by Pretrial 
Services. 
Now, I agree the polygraph test is over the top, so we can 
remove that. 
MR. NANCE:  And I think it's been addressed, but in 
talking to Mr. Shibley, just for his peace of mind, the final 
condition under the special conditions regarding direct or 
indirect contact with witnesses or potential witnesses would not 
restrict him from openly communicating with current employees 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 15 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
16
concerning legitimate job duties and requirements, provided that 
he doesn't discuss this investigation with them or attempt to 
influence their cooperation for statements to the authorities. 
THE COURT:  Yes, he can have contact with witnesses or 
potential witnesses, as long as it doesn't involve the 
investigation of this case. 
MR. NANCE:  All right.  Thank you. 
THE COURT:  Ms. Prather, do you see where it says, 
"Submit to polygraph testing"?  I missed that, too.  I didn't 
see that in there.  
THE CLERK:  Yes, Your Honor, I found it and removed 
it. 
THE COURT:  Yes.  I think that's a standard condition 
for a different type of case.  So let's remove that sentence and 
then recirculate it. 
Ms. Vaughn, did you want to be heard at all on those 
changes?  
MS. VAUGHN:  No, Your Honor.  The government doesn't 
have any objection to those changes. 
THE COURT:  Okay.  Thank you, Ms. Vaughn.  
Ms. Prather has circulated a revised appearance bond.  
Mr. Shibley, did you have an opportunity to go through that 
appearance bond line by line?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Mr. Nance, did you cover every condition 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 16 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
17
in the appearance bond with Mr. Shibley?  
MR. NANCE:  Yes, I did. 
THE COURT:  Okay.  Thank you.  
Mr. Shibley, I'm not going to go over everything in the 
appearance bond, but I, just for the record, want to make sure 
you understand that there are some pretty restrictive conditions 
in this appearance bond, most of them relating to your ability 
to access the Internet and computer usage.  But you're also 
going to be permitting the Pretrial Services officer to put a 
monitoring software on your computer so they can see everything 
that you do.  Do you understand that?  
THE DEFENDANT:  Yes, Your Honor.  
THE COURT:  And you're also going to have to submit 
information regarding your financial status, as well as allowing 
the Pretrial Services office to run a credit report on you.  
You'll be restricted from opening any new credit card or 
anything like that.  Do you understand that?  
THE DEFENDANT:  Yes, Your Honor.  
THE COURT:  And do you understand, to the extent you 
have to have contact with potential witnesses because of your 
business, that you are not to talk to them about this 
investigation or this case in any way, shape, or form?  Don't 
even get near the outer edges of the investigation. 
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Now, I'm going to read to you a statement, 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 17 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
18
and at the end of the statement, I will ask you if you will 
affirm or agree to that on the record. 
Do you understand and agree to comply with every condition 
marked above, and do you understand that if you fail to comply 
with any condition of your release, the court will immediately 
issue a warrant for your arrest and you will be subject to a 
revocation of release and order of detention and prosecution for 
contempt of court?  Do you understand this appearance bond 
remains in effect during any proceeding on appeal or review?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  I am signing the appearance bond.  You'll 
get a copy of the appearance bond before you leave court today.  
If you have any questions, you can contact the Pretrial Services 
officer, or you can contact Mr. Nance.  
My recommendation is it's always good to get clarification, 
if you're unsure about something.  There is a lot of 
complicated, moving pieces here, and so if in doubt, call 
Mr. Nance.  Okay?  
THE DEFENDANT:  Okay. 
THE COURT:  All right.  Or your Pretrial Services 
officer. 
All right.  I have signed the bond, and I'm sending that 
now. 
Is there anything further, Ms. Vaughn?  
MS. VAUGHN:  Nothing further from the government, Your 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 18 of 20

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
June 30, 2020
19
Honor. 
THE COURT:  Okay.  Mr. Shibley, your next court date 
is July 21st, and that's the preliminary hearing.  I forgot to 
mention that. 
THE DEFENDANT:  Thank you. 
THE COURT:  Anything further, Mr. Nance?  
MR. NANCE:  Nothing further.  Thank you. 
THE COURT:  Okay.  We'll be in recess.  
(Proceedings concluded at 2:54 p.m.)
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 19 of 20

June 30, 2020
20
 
C E R T I F I C A T E 
 
 
           I, Nancy L. Bauer, CCR, RPR, Court Reporter for 
the United States District Court in the Western District of 
Washington at Seattle, do hereby certify that I was present in 
court during the foregoing matter and reported said proceedings 
stenographically. 
           I further certify that thereafter, I have caused 
said stenographic notes to be transcribed under my direction and 
that the foregoing pages are a true and accurate transcription 
to the best of my ability. 
 
 
           Dated this 7th day of May 2022.  
 
/S/  Nancy L. Bauer 
Nancy L. Bauer, CCR, RPR
Official Court Reporter 
 
Case 2:20-cr-00174-JCC     Document 165     Filed 05/11/22     Page 20 of 20

File and source

File

gov.uscourts.wawd.290910.165.0.pdf

Size

122,875 bytes

SHA-256

7f11ad8dc540abb04feef0a28ce6fb6a107ca7f8ccf02d2e767351ac734f6735

Our copy

gov.uscourts.wawd.290910.165.0.pdf

Original

PACER (login required)