Criminal Docket — USA v. Staveley, Case 1:20-cr-00074-WES-LDA (District of Rhode Island, filed 10/31/24)

Summary

The criminal docket for Case 1:20-cr-00074-WES-LDA-1, USA v. Staveley, in the U.S. District Court for the District of Rhode Island (Providence), filed October 31, 2024 as Document 139-3 in Case 1:20-cr-00074-WES-LDA. The docket lists a filing date of 09/02/2020 and a termination date of 10/12/2021, assignment to District Judge William E. Smith with referral to Magistrate Judge Lincoln D. Almond, magistrate case 1:20-mj-00034-LDA and related case 1:22-cv-00315-WES. It lists appeals court case numbers 21-1842 and 22-1969 in the First Circuit. The 21-page printout ends with an entry dated 02/28/2024 for the First Circuit mandate as to David Staveley.

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Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 1 of 21 PagelD
#: 1282 FORFEITURE ALLEGATION

U.S. District Court
District of Rhode Island (Providence)
CRIMINAL DOCKET FOR CASE #: 1:20-cr-00074-WES-LDA-1

Case title: USA v. Staveley Date Filed: 09/02/2020

Related Case: 1:22-cv-00315-WES Date Terminated: 10/12/2021

Magistrate judge case number: 1:20-mj-00034-LDA

Assigned to: District Judge William E.
Smith

Referred to: Magistrate Judge Lincoln D.
Almond

Appeals court case numbers: 21-1842 U.S.
Court of Appeals for the First Circuit, 22-
1969 First Circuit Court of Appeals

Defendant (1)

David Staveley
TERMINATED: 10/12/2021
also known as

Kurt David Sanborn
TERMINATED: 10/12/2021
also known as

David Sanborn
TERMINATED: 10/12/2021
also known as

Kurt Sanborn
TERMINATED: 10/12/2021
also known as

David Adler Staveley
TERMINATED: 10/12/2021

represented by David Staveley
590 Mammoth
#2
Dracut, MA 01826
PRO SE

George J. West

One Turks Head Place

Suite 312

Providence, RI 02903-2215
861-9042

Fax: 861-0330

Email: gywest@georgejwestlaw.com
TERMINATED: 03/01/2021
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Jason P. Knight

The Law Office of Jason Knight
One Turks Head Place

Suite 1440

Providence, RI 02903
401-865-6075

Fax: 866-413-1869

LEAD ATTORNEY

ATTORNEY TO BE NOTICED
Designation: Retained
Case 1:20-cr-00074-WES-LDA Document 139-3

Pending Counts

18:1349 - CONSPIRACY TO COMMIT
BANK FRAUD

(1)

18:1344 - BANK FRAUD
(2-4)

15:645(a) - FALSE STATEMENTS TO
INFLUENCE THE SMALL BUSINESS
ADMINISTRATION

(5)

18:1028A - AGGRAVATED IDENTITY
THEFT

(6)

18:3146(a)(1) - FAILURE TO APPEAR IN
COURT AS REQUIRED

(7)

Highest Offense Level (Opening)
Felony

Terminated Counts

None

Highest Offense Level (Terminated)

#: 1283

Filed 10/31/24 Page 2 of 21 PagelD

Mark L. Josephs

Law Office of Mark L. Josephs, LLC
10 Dernre Street

Boston, MA 02114

202-904-4736

Email: mark.josephs@markljosephslaw.com
TERMINATED. 01/08/2021

LEAD ATTORNEY

PRO HAC VICE

ATTORNEY TO BE NOTICED
Designation: Retained

Jeffrey K. Techentin

Adler Pollock & Sheehan, PC
100 Westminster Street

Ste 16th Floor

Providence, RI 02903
401-274-7200

Fax: 401-751-0604

Email: jtechentin@apslaw.com
TERMINATED. 01/08/2021
ATTORNEY TO BE NOTICED
Designation: Retained

Disposition

56 months of imprisonment - 44 months as
to Count 1 and 12 months as to Count 7 to
run consecutive. 3 years of supervised
release, $200.00 special assessment, no fine.

Dismissed.

Dismissed.

Dismissed.

56 months of imprisonment - 44 months as
to Count 1 and 12 months as to Count 7 to
run consecutive. 3 years of supervised
release, $200.00 special assessment, no fine.

Disposition
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 3 of 21 PagelD

None

Complaints

#: 1284

Disposition

18:371, 18:1349, 18:1028A - Conspiracy to
Make False Statement to Influence the SBA;
Conspiracy to Commit Bank Fraud; and
Aggravated Identity Theft

Plaintiff
USA represented by Lee Vilker
DOJ-USAO
United States Attorneys Office
One Financial Plaza
Ste 17th Floor
Providence, RI 02903
401-709-5044
Email: lee.vilker@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Terrence P. Donnelly
DOJ-USAO
1 Financial Plaza
17th Floor
Providence, RI 02903
401-709-5045
Email: terrence.donnelly@usdoj.gov
ATTORNEY TO BE NOTICED
Date Filed Docket Text
05/04/2020 1 | MOTION to Seal Case by USA as to David Adler Staveley.(Noel, Jeannine) [1:20-mj-
00034-LDA] (Entered: 05/04/2020)
05/04/2020 2 | ORDER granting 1 Motion to Seal Case as to David Adler Staveley (1). So Ordered by
Magistrate Judge Lincoln D. Almond on 5/4/2020.(Noel, Jeannine) [1:20-mj-00034-
LDA] (Entered: 05/04/2020)
05/04/2020 3 | COMPLAINT as to David Adler Staveley (1). (Attachments: # 1 Criminal Cover
Sheet, # 2 Criminal Cover Sheet Attachment, # 3 Affidavit)(Noel, Jeannine)
(Additional attachment(s) added on 5/5/2020: # 4 Unredacted Cover Sheet) (Noel,
Jeannine). [1:20-mj-00034-LDA] (Entered: 05/04/2020)
05/05/2020 Arrest of David Adler Staveley (Noel, Jeannine) [1:20-mj-00034-LDA] (Entered:
05/06/2020)
05/05/2020 ORAL MOTION to Unseal Case by USA as to David Adler Staveley.(Noel, Jeannine)
[1:20-mj-00034-LDA] (Entered: 05/06/2020)
05/05/2020 ORAL ORDER granting ORAL Motion to Unseal Case as to David Adler Staveley (1).

So Ordered by Magistrate Judge Lincoln D. Almond on 5/5/2020.(Noel, Jeannine)
[1:20-mj-00034-LDA] (Entered: 05/06/2020)
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 4 of 21 PagelD

05/05/2020

ORDER APPOINTING CJA PANEL ATTORNEY as to David Adler Staveley: the
Panel Attorney appointed as CJA Counsel is George J. West for David Adler Staveley.
So Ordered by Magistrate Judge Lincoln D. Almond on 5/5/2020. (Noel, Jeannine)
[1:20-mj-00034-LDA] (Entered: 05/06/2020)

05/05/2020

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
TELEPHONIC Initial Appearance as to David Adler Staveley held on 5/5/2020,
TELEPHONIC Bond Hearing as to David Adler Staveley held on 5/5/2020 (Vilker,
West) PTS Finneran; All parties present by phone; Deft present by phone; Court
informs Deft of rights; Deft understands rights and agrees to telephonic hearing; No
objection; Deft informed of rights & charges; Deft understands rights & charges; CJA
appointed; Status Hearing/Preliminary Exam to be scheduled; Govt requests conditions
of release; Deft Counsel requests conditions of release; Deft released on $10,000.00
unsecured bond and conditions; Deft informed of penalties if violates; Deft
understands penalties and conditions; Court addresses Deft; Deft understands; Deft
released(Court Reporter Lisa Schwam in Courtroom Telephonic at 4:05 pm.)(Noel,
Jeannine) [1:20-mj-00034-LDA] (Entered: 05/06/2020)

05/05/2020

IN

Appearance Bond Entered as to David Adler Staveley in amount of $10,000.00
UNSECURED. So Ordered by Magistrate Judge Lincoln D. Almond on 5/5/2020.
(Noel, Jeannine) [1:20-mj-00034-LDA] (Entered: 05/06/2020)

05/05/2020

MN

ORDER Setting Conditions of Release as to David Adler Staveley (1) $10,000.00
UNSECURED. So Ordered by Magistrate Judge Lincoln D. Almond on 5/5/2020.
(Noel, Jeannine) (Additional attachment(s) added on 5/6/2020: # 1 Unredacted
Conditions of Release) (Noel, Jeannine). [1:20-mj-00034-LDA] (Entered: 05/06/2020)

05/08/2020

NOTICE OF VIDEO HEARING as to David Adler Staveley. VIDEO Status
Hearing/Preliminary Hearing set for 5/15/2020 at 11:30 AM before Magistrate Judge
Lincoln D. Almond. Video instructions will be emailed to parties. Public Access
Information can be found on the Court's Website. (Noel, Jeannine) [1:20-my-00034-
LDA] (Entered: 05/08/2020)

05/09/2020

MODIFIED ORDER Setting Conditions of Release as to David Adler Staveley (1)
$10,000.00 UNSECURED. So Ordered by Magistrate Judge Lincoln D. Almond on
5/11/2020.(Noel, Jeannine) (Additional attachment(s) added on 5/11/2020: #1
Unredacted Conditions of Release) (Noel, Jeannine). [1:20-mj-00034-LDA] (Entered:
05/11/2020)

05/11/2020

MOTION to Amend/Correct Order of Release to Add Condition of Home Confinement
by USA as to David Adler Staveley. Responses due by 5/26/2020. (Attachments: # 1
Supplement)(Vilker, Lee) (Main Document 11 replaced with signed document on
5/11/2020) (Hicks, Alyson). [1:20-mj-00034-LDA] (Entered: 05/11/2020)

05/11/2020

TEXT ORDER denying 8 Motion to Seal as to David Adler Staveley (1); denying 9
Motion to Seal as to David Adler Staveley (1). So Ordered by Magistrate Judge
Lincoln D. Almond on 5/11/2020.(Noel, Jeannine) [1:20-mj-00034-LDA] (Entered:
05/11/2020)

05/11/2020

GOVERNMENTS MOTION FOR REVOCATION OF RELEASE AND ORDER OF
DETENTION by USA as to David Adler Staveley.(Noel, Jeannine) [1:20-mj-00034-
LDA] (Entered: 05/11/2020)

05/11/2020

Government's Motion to Withdraw its Motion for Revocation of Release and Order of
Detention re 12 Government's Motion for Revocation of Release and Order of
Detention by USA as to David Adler Staveley.(Noel, Jeannine) [1:20-mj-00034-LDA]
(Entered: 05/11/2020)
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 5 of 21 PagelD

05/11/2020

TEXT ORDER granting 13 Government's Motion to Withdraw its Motion for
Revocation of Release and Order of Detention as to David Adler Staveley (1)
withdrawing 12 Government's Motion for Revocation of Release and Order of
Detention as to David Adler Staveley. So Ordered by Magistrate Judge Lincoln D.
Almond on 5/11/2020.(Noel, Jeannine) [1:20-mj-00034-LDA] (Entered: 05/11/2020)

05/11/2020

TEXT ORDER - GRANTED on a preliminary basis for good cause shown. Effective
immediately, Defendant is subject to home detention with GPS electronic monitoring.
Probation will communicate the specific and standard parameters of home detention to
Defendant as soon as possible and make safe arrangements to place the electronic
monitoring bracelet on Defendant as soon as reasonably practical. Until the bracelet is
activated, Probation shall enforce the home detention condition through remote means.
The Court will address any objection from Defendant during the video hearing already
scheduled for 11:30 am on May 15, 2020. 11 Motion to Amend/Correct Order of
Release to Add Condition of Home Confinement as to David Adler Staveley (1). So
Ordered by Magistrate Judge Lincoln D. Almond on 5/11/2020.(Noel, Jeannine) [1:20-
mj-00034-LDA] (Entered: 05/11/2020)

05/11/2020

MOTION to Extend Time 10 Days Preliminary Hearing and Preliminary Home
Detention and Electronic Monitoring Order by David Adler Staveley. Responses due
by 5/26/2020.(West, George) [1:20-mj-00034-LDA] (Entered: 05/11/2020)

05/12/2020

RESPONSE In Support to by USA as to David Adler Staveley re 14 MOTION to
Extend Time 10 Days Preliminary Hearing and Preliminary Home Detention and
Electronic Monitoring Order Replies due by 5/19/2020. (Vilker, Lee) [1:20-mj-00034-
LDA] (Entered: 05/12/2020)

05/12/2020

TEXT ORDER granting 14 MOTION to Extend Time 10 Days Preliminary Hearing
and Preliminary Home Detention and Electronic Monitoring Order as to David Adler
Staveley (1). So Ordered by Magistrate Judge Lincoln D. Almond on 5/12/2020.(Noel,
Jeannine) [1:20-mj-00034-LDA] (Entered: 05/12/2020)

05/12/2020

RESCHEDULING NOTICE OF VIDEO HEARING as to David Adler Staveley.
VIDEO Preliminary Hearing/Status Hearing RESCHEDULED for 5/26/2020 11:30
AM before Magistrate Judge Lincoln D. Almond. Moved from 5/15/2020. Video

instructions to be emailed to parties. Public Access Information can be found on the
Court's Website. (Noel, Jeannine) [1:20-mj-00034-LDA] (Entered: 05/12/2020)

05/12/2020

RESCHEDULING NOTICE OF VIDEO HEARING as to David Adler Staveley.
(TIME CHANGE ONLY) VIDEO Preliminary Hearing/Status Hearing
RESCHEDULED for 5/26/2020 at 10:00 AM before Magistrate Judge Lincoln D.
Almond. TIME CHANGE ONLY. MOVED FROM 11:30 AM. Video instructions will
be emailed to parties. Public Access Information can be found on the Court's website.
(Noel, Jeannine) [1:20-myj-00034-LDA] (Entered: 05/12/2020)

05/20/2020

MOTION to Extend Time Preliminary Hearing/ Home Detention/GPS Monitoring
Order an Additional Week by David Adler Staveley. Responses due by 6/3/2020.(West,
George) [1:20-mj-00034-LDA] (Entered: 05/20/2020)

05/20/2020

TEXT ORDER granting 16 MOTION to Extend Time Preliminary Hearing/ Home
Detention/GPS Monitoring Order an Additional Week as to David Adler Staveley (1).
So Ordered by Magistrate Judge Lincoln D. Almond on 5/20/2020.(Noel, Jeannine)
[1:20-mj-00034-LDA] (Entered: 05/20/2020)

05/20/2020

RESCHEDULING NOTICE OF VIDEO HEARING as to David Adler Staveley.
VIDEO Preliminary Hearing/Status Hearing RESCHEDULED for 6/2/2020 02:00 PM
in Remote Hearing before Magistrate Judge Lincoln D. Almond. MOVED FROM
Case 1:20-cr-00074-WES-LDA Document 139-3

Filed 10/31/24 Page 6 of 21 PagelD

5/26/2020. Video Instructidtis ibe emailed to parties. Public Access Information can
be found on the Court's Website. (Noel, Jeannine) [1:20-mj-00034-LDA] (Entered:
05/20/2020)

05/21/2020

MOTION to Exclude Time Under the Speedy Trial Act by USA as to David Adler
Staveley. Responses due by 6/4/2020.(Vilker, Lee) [1:20-mj-00034-LDA] (Entered:
05/21/2020)

05/22/2020

ORDER granting 17 Motion to Exclude Time as to David Adler Staveley (1). So
Ordered by Magistrate Judge Lincoln D. Almond on 5/22/2020.(Saucier, Martha)
[1:20-mj-00034-LDA] (Entered: 05/22/2020)

05/29/2020

NOTICE OF ATTORNEY APPEARANCE: Jeffrey K. Techentin appearing for David
Adler Staveley (Techentin, Jeffrey) [1:20-mj-00034-LDA] (Entered: 05/29/2020)

05/29/2020

MOTION for Mark L. Josephs to Appear Pro Hac Vice ( filing fee paid $ 100.00,
receipt number 0103-1507046 ) by David Adler Staveley. Responses due by
6/12/2020.(Techentin, Jeffrey) [1:20-mj-00034-LDA] (Entered: 05/29/2020)

05/29/2020

TEXT ORDER granting 22 Motion to Appear Pro Hac Vice of Mark L. Josephs as to
David Adler Staveley (1). So Ordered by Magistrate Judge Lincoln D. Almond on
5/29/2020.(Noel, Jeannine) [1:20-mj-00034-LDA] (Entered: 05/29/2020)

06/02/2020

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
VIDEO Preliminary Hearing as to David Adler Staveley held on 6/2/2020 (Vilker,
Josephs, Techentin) USPO D. Picozzi; All parties present by video; Defendant not
present; Court addresses Deft Counsel; Deft Counsel addresses Court; Govt addresses
Court; Court finds Deft waived appearance; Preliminary Exam to be continued; Deputy
Clerk will check on status in 30 days(Court Reporter Lisa Schwam/ATT
Teleconference Recording in Courtroom Video at 1:58 pm.)(Noel, Jeannine) [1:20-m]-
00034-LDA] (Entered: 06/02/2020)

06/02/2020

MOTION to Withdraw as Attorney by George J. West. by David Adler Staveley.
Responses due by 6/16/2020.(West, George) [1:20-mj-00034-LDA] (Entered:
06/02/2020)

06/03/2020

TEXT ORDER granting 23 Motion to Withdraw as Attorney. George J. West
withdrawn from case as to David Adler Staveley (1). So Ordered by Magistrate Judge
Lincoln D. Almond on 6/3/2020.(Noel, Jeannine) [1:20-mj-00034-LDA] (Entered:
06/03/2020)

07/24/2020

Arrest of David Adler Staveley in Northern District of Georgia (Atlanta). (Noel,
Jeannine) [1:20-mj-00034-LDA] (Entered: 07/29/2020)

07/29/2020

Rule 5(c)(3) Documents Received from Northern District of Georgia (Atlanta) as to
David Adler Staveley (Noel, Jeannine) [1:20-mj-00034-LDA] (Entered: 07/29/2020)

08/04/2020

NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David Adler
Staveley. VIDEO Bond Revocation Hearing and Preliminary Exam set for 8/5/2020 at
01:30 PM in Remote Hearing before Magistrate Judge Lincoln D. Almond. Video
information will be emailed to parties. Public Access Information can be found on the
Court's website. (Noel, Jeannine) [1:20-mj-00034-LDA] (Entered: 08/04/2020)

08/05/2020

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:Bond
Revocation Hearing as to David Adler Staveley held on 8/5/2020. Lee Vilker for the
government; Jeffrey Techentin and Mark Josephs for the defendant; David Picozzi for
probation. Defendant has no objection to appearance by video; Court informs
defendant of his rights; Court orders defendant detained pending further proceedings;
Court schedules preliminary hearing and Bond Revocation for 8/26/2020 at 10:00 am.
Case 1:20-cr-00074-WES-LDA Document 139-3

Filed 10/31/24 Page 7 of 21 PagelD

(Courtroom Video Hearing" 4233) (Saucier, Martha) [1:20-mj-00034-LDA] (Entered:
08/05/2020)

08/05/2020

TEXT ORDER: Defendant is ordered to remain detained pending further proceedings

as to David Adler Staveley. So Ordered by Magistrate Judge Lincoln D. Almond on
8/5/2020.(Saucier, Martha) [1:20-mj-00034-LDA] (Entered: 08/05/2020)

08/05/2020

NOTICE OF HEARING DEFENDANT REQUEST as to David Adler Staveley.
Preliminary Hearing set for 8/26/2020 10:00 at AM in Remote Hearing before
Magistrate Judge Lincoln D. Almond. Invitation and instructions emailed to counsel of
record.(Saucier, Martha) [1:20-mj-00034-LDA] (Entered: 08/05/2020)

08/21/2020

ARREST Warrant Returned Executed on 7/23/2020 Georgia in case as to David Adler
Staveley. (Noel, Jeannine) [1:20-mj-00034-LDA] (Entered: 08/21/2020)

08/25/2020

Assented MOTION to Continue Preliminary Hearing by David Adler Staveley.
Responses due by 9/8/2020. (Attachments: # 1 Proposed Order)(Josephs, Mark) [1:20-
mj-00034-LDA] (Entered: 08/25/2020)

08/26/2020

TEXT ORDER granting 26 Motion to Continue Preliminary Hearing as to David Adler
Staveley (1). So Ordered by Magistrate Judge Lincoln D. Almond on 8/26/2020.(Noel,
Jeannine) [1:20-mj-00034-LDA] (Entered: 08/26/2020)

08/26/2020

HEARING CANCELLED as to David Adler Staveley: Preliminary Hearing
CANCELLED for 8/26/2020 10:00 at AM in Remote Hearing before Magistrate Judge
Lincoln D. Almond. TO BE RESCHEDULED. (Noel, Jeannine) [1:20-mj-00034-LDA]
(Entered: 08/26/2020)

08/26/2020

NOTICE OF VIDEO CONFERENCE as to David Adler Staveley. VIDEO Conference
with Counsel only set for 8/26/2020 at 10:00 AM before Magistrate Judge Lincoln D.

Almond. Video Information will be emailed to parties. (Noel, Jeannine) [1:20-mj-
00034-LDA] (Entered: 08/26/2020)

08/26/2020

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
VIDEO Status Conference with Counsel only as to David Adler Staveley held on
8/26/2020 (Vilker, Josephs, Techentin)(Noel, Jeannine) [1:20-mj-00034-LDA]
(Entered: 08/26/2020)

08/26/2020

NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David Adler
Staveley. VIDEO Preliminary Hearing/Bond Revocation Hearing/Status of Counsel
RESCHEDULED for 9/21/2020 10:00 AM in Remote Hearing before Magistrate
Judge Lincoln D. Almond. MOVED FROM 8/26/2020 PER AGREEMENT OF
COUNSEL. Video Information will be emailed to parties. Public Access Information
can be found on the Court's website. (Noel, Jeannine) [1:20-mj-00034-LDA] (Entered:
08/26/2020)

09/02/2020

INDICTMENT as to David Staveley (1) count(s) 1, 2-4, 5, 6, 7. (Attachments: # 1
Criminal Cover Sheet)(Noel, Jeannine) (Entered: 09/02/2020)

09/02/2020

NOTICE OF FORFEITURE ALLEGATION by USA as to David Staveley re 27
Indictment (Noel, Jeannine) (Entered: 09/02/2020)

09/02/2020

CASE CONDITIONALLY ASSIGNED Related Case Number CR20-72MSM-LDA
based upon the indication on the cover sheet that a related case previously was
assigned to the presiding judge. The assignment is subject to the presiding judge's

determination that the cases, in fact, are related. (Noel, Jeannine) (Entered:
09/02/2020)
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 8 of 21 PagelD

09/02/2020

#1289
NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David Staveley.
VIDEO Arraignment/Bond Hearing/Status of Counsel set for 9/21/2020 at 10:00 AM
in Remote Hearing before Magistrate Judge Lincoln D. Almond. This Arraignment

replaces the Preliminary Exam. The same video information applies. (Noel, Jeannine)
(Entered: 09/02/2020)

09/11/2020

CASE PERMANENTLY ASSIGNED Since District Judge Mary S. McElroy has
determined that this case is in fact related to 1:20-CR-72-MSM-LDA this case is
permanently assigned to District Judge Mary S. McElroy for all further proceedings.
(Urizandi, Nisshy) (Entered: 09/11/2020)

09/21/2020

Minute Entry for proceedings held before Magistrate Judge Lincoln D.
Almond:VIDEO Arraignment as to David Staveley (1) Count 1,2-4,5,6,7 held on
9/21/2020, VIDEO Bond Revocation Hearing as to David Staveley held on 9/21/2020
(Vilker, Josephs) USPO D. Picozzi; All parties present by video; Deft present by video;
Court addresses parties; No objection to video hearing; Deft Counsel addresses Court;
Court informs Deft of rights & charges; Deft understands rights & charges; Not guilty
plea entered; Arraignment order to be entered; Court finds bail violation; Bail revoked;
Deft remanded(Court Reporter Karen Wischnowsky/Zoom Recording in Courtroom
Video at 10:10 am.)(Noel, Jeannine) (Entered: 09/21/2020)

09/21/2020

ARRAIGNMENT ORDER as to David Staveley. Motions due by 12/14/2020. So
Ordered by Magistrate Judge Lincoln D. Almond on 9/21/2020. (Noel, Jeannine)
(Entered: 09/21/2020)

09/21/2020

ORDER OF DETENTION as to David Staveley. So Ordered by Magistrate Judge
Lincoln D. Almond on 9/21/2020.(Noel, Jeannine) (Entered: 09/21/2020)

12/14/2020

TEXT ORDER: Due to the guidance issued by the Centers for Disease Control and
Prevention and the Rhode Island Department of Health to slow the transmission of
COVID-19 and the severity of risk posed to the public who may serve as jurors, the
jury empanelment scheduled in December is cancelled, and this case is continued to
the January 2021 trial calendar. The Court finds that pursuant to 18 USC 3161(h)(7)(A)
the ends of justice served by ordering this continuance outweighs the interest of the
public and the defendant's right to a speedy trial as to David Staveley - So Ordered by
District Judge Mary S. McElroy on 12/14/2020. (Urizandi, Nisshy) (Entered:
12/14/2020)

12/30/2020

NOTICE OF REMOTE HEARING as to David Staveley: Pre Calendar Call set for
1/8/2021 at 2:00 PM via Zoom before District Judge Mary S. McElroy. The Zoom

access information will be sent to counsel by email. (Urizandi, Nisshy) (Entered:
12/30/2020)

01/06/2021

MOTION to Withdraw as Attorney by Mark Josephs. by David Staveley. Responses
due by 1/20/2021.(Josephs, Mark) (Entered: 01/06/2021)

01/07/2021

AMENDED NOTICE OF REMOTE HEARING as to David Staveley. Pre Calendar

Call set for 1/8/2021 at 01:30 PM before District Judge Mary S. McElroy. The Court
will send Zoom access information to counsel by email. (Urizandi, Nisshy) (Entered:
01/07/2021)

01/08/2021

MOTION for Compassionate Release by David Staveley. Responses due by
1/22/2021.(Josephs, Mark) (Entered: 01/08/2021)
Case 1:20-cr-00074-WES-LDA Document 139-3

Filed 10/31/24 Page 9 of 21 PagelD

01/08/2021

Minute Entry for proceedings held before District Judge Mary S. McElroy:
PreCalendar Call as to David Staveley held on 1/8/2021. AUSA Lee Kilver, Defense
Counsel Mark Josephs and Jeffrey Techentin participated. (via Zoom at 1:25 p.m.)
(Urizandi, Nisshy) (Entered: 01/08/2021)

01/08/2021

ORAL MOTION to Withdraw as Attorney by Jeffrey K. Techentin by David Staveley.
Responses due by 1/22/2021. (Urizandi, Nisshy) (Entered: 01/08/2021)

01/08/2021

ORAL MOTION to Continue Pretrial Deadlines and Empanelment for 60 days by
David Staveley. Responses due by 1/22/2021.(Urizandi, Nisshy) (Entered:
01/08/2021)

01/08/2021

ORAL ORDER granting Motion to Continue as to David Staveley (1). All deadlines
previously ordered are vacated. This case will be placed on the March 2021 trial
calendar. The time requested shall be deemed excludable pursuant to 18 U.S.C. §
3161(h)(7) of the Speedy Trial Act - So Ordered by District Judge Mary S. McElroy on
1/8/2021. (Urizandi, Nisshy) (Entered: 01/08/2021)

01/08/2021

TEXT ORDER granting 32 Motion to Withdraw as Attorney; granting Oral Motion to
Withdraw as Attorney. Mark L. Josephs and Jeffrey K. Techentin withdrawn from case
as to David Staveley (1) - So Ordered by District Judge Mary S. McElroy on 1/8/2021.
(Urizandi, Nisshy) (Entered: 01/08/2021)

01/11/2021

RESPONSE In Opposition to by USA as to David Staveley re 33 MOTION for
Compassionate Release Replies due by 1/19/2021. (Vilker, Lee) (Entered: 01/11/2021)

01/11/2021

ORDER APPOINTING CJA PANEL ATTORNEY as to David Staveley: the Panel
Attorney appointed as CJA Counsel is George J. West. So Ordered by Magistrate Judge
Lincoln D. Almond on 1/11/2021. (Noel, Jeannine) (Entered: 01/11/2021)

01/14/2021

NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David Staveley.
VIDEO Hearing on 33 MOTION for Compassionate Release : VIDEO Motion
Hearing set for 1/29/2021 at 10:00 AM in Remote Hearing before Magistrate Judge
Lincoln D. Almond.(Zoom Meeting ID: 160 945 9265, Passcode: 030364) (Noel,
Jeannine) (Entered: 01/14/2021)

01/27/2021

TEXT ORDER as to David Staveley: Due to the guidance issued by the Centers for
Disease Control and Prevention and the Rhode Island Department of Health to slow the
transmission of COVID-19 and the severity of risk posed to the public who may serve
as jurors, the jury empanelments scheduled for January, February, and March 2021 are
cancelled, and this case is continued. This case will be placed on the April 2021 trial
calendar. The time shall be deemed excludable pursuant to 18 U.S.C. § 3161(h)(7) of
the Speedy Trial Act - So Ordered by District Judge Mary S. McElroy on 1/27/2021.
(Urizandi, Nisshy) (Entered: 01/27/2021)

01/28/2021

MOTION to Continue Hearing on Motion for Compassionate Release by David
Staveley. Responses due by 2/11/2021.(West, George) (Entered: 01/28/2021)

01/28/2021

TEXT ORDER granting 36 Motion to Continue as to David Staveley (1). So Ordered
by Magistrate Judge Lincoln D. Almond on 1/28/2021.(Noel, Jeannine) (Entered:
01/28/2021)

01/28/2021

RESCHEDULING NOTICE OF HEARING DEFENDANT REQUEST as to
David Staveley. VIDEO Hearing on 33 MOTION for Compassionate Release : VIDEO
Motion Hearing RESCHEDULED for 2/12/2021 at 11:00 AM in Remote Hearing
before Magistrate Judge Lincoln D. Almond. MOVED FROM 1/29/2021(Zoom
Meeting ID: 160 945 9265, Passcode: 030364) (Noel, Jeannine) (Entered: 01/28/2021)
Case 1:20-cr-00074-WES-LDA Document 139-3

Filed 10/31/24 Page 10 of 21 PagelD

02/11/2021

37

MOTION to Continue Bail Hearing by David Staveley. Responses due by 2/25/2021.
(West, George) (Entered: 02/11/2021)

02/11/2021

TEXT ORDER granting 37 Motion to Continue as to David Staveley (1). So Ordered
by Magistrate Judge Lincoln D. Almond on 2/11/2021.(Noel, Jeannine) (Entered:
02/11/2021)

02/11/2021

RESCHEDULING NOTICE OF VIDEO HEARING DEFENDANT REQUEST as
to David Staveley. Hearing on 33 MOTION for Compassionate Release : VIDEO
Motion Hearing RESCHEDULED for 3/1/2021 at 11:00 AM in Remote Hearing
before Magistrate Judge Lincoln D. Almond. MOVED FROM 2/12/2021. (Zoom
Meeting ID: 160 945 9265, Passcode: 030364) (Noel, Jeannine) (Entered: 02/11/2021)

02/25/2021

TEXT ORDER as to David Staveley: The Court will resume criminal jury trials in
April 2021. Due to the suspension of criminal jury trials from March 2020 to March
2021 because of the COVID-19 pandemic and the number of defendants currently
awaiting trial, this case is continued to the June 2021 trial calendar. The Court finds
that pursuant to 18 USC § 3161(h)(7)(A) the ends of justice served by ordering this
continuance outweigh the best interests of the public and the defendant's right to a
speedy trial. However, if the defendant seeks to be added to the April 2021 trial
calendar, defense counsel must file a motion to be added to the April calendar call by
March 1, 2021 - So Ordered by District Judge Mary S. McElroy on 2/25/2021.
(Urizandi, Nisshy) (Entered: 02/25/2021)

03/01/2021

Appearance Entered for Jason P. Knight appearing for David Staveley (Noel, Jeannine)
(Entered: 03/01/2021)

03/01/2021

Attorney update in case as to David Staveley. Attorney George J. West terminated.
(Noel, Jeannine) (Entered: 03/01/2021)

03/01/2021

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond:
VIDEO Motion Hearing as to David Staveley held on 3/1/2021 re 33 MOTION for
Compassionate Release filed by David Staveley (Vilker, West, Knight) USPO D.
Picozzi; All parties present by video; Deft present by video; No objection to video
hearing; Court advises Deft of rights; Retained Counsel present; Court reviews case;
Atty Knight addresses the Court and requests continuance; No objection from the
Govt; Court addresses Deft Counsel; Hearing continued; Atty West addresses the
Court; Govt addresses the Court; Deft remanded(Court Reporter Zoom Recording in
Courtroom Video at 11:10 am.)(Noel, Jeannine) (Entered: 03/01/2021)

03/01/2021

NOTICE OF VIDEO HEARING DEFENDANT REQUEST as to David Staveley.
VIDEO Hearing on 33 MOTION for Compassionate Release : VIDEO Motion
Hearing set for 3/22/2021 at 11:00 AM in Remote Hearing before Magistrate Judge
Lincoln D. Almond.(Zoom Meeting ID: 160 945 9265, Passcode: 030364) (Noel,
Jeannine) (Entered: 03/01/2021)

03/01/2021

NOTICE OF ATTORNEY APPEARANCE: Jason P. Knight appearing for David
Staveley (Knight, Jason) (Entered: 03/01/2021)

03/02/2021

MOTION to Seal by David Staveley. (Knight, Jason) Modified (Unsealed) on 3/4/2021
(Noel, Jeannine). (Entered: 03/02/2021)

03/03/2021

MOTION to Seal filed by USA as to David Staveley. (Attachments: # 1 Government's
Response)(Vilker, Lee) Modified (Unsealed) on 3/4/2021 (Noel, Jeannine). (Entered:
03/03/2021)

03/04/2021

TEXT ORDER - Defendant moves in ECF # 39 to seal his previously filed motion for
compassionate release (ECF # 33) and the Government's opposition thereto (ECF # 34)
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 11 of 21 PagelD

because they contain persofaldiesensitive health information. The Government has
no opposition to the sealing request. (ECF # 40). Absent opposition from the
Government and for good cause shown, the motion to seal ECF #s 33 and 34 (ECF #
39) is GRANTED. However, the Court notes that the pleadings in question were filed
by Defendant's counsel several weeks ago without any request to seal and thus they
have been in the public domain for that entire time and have apparently already been
the subject of some legitimate media reporting. Despite granting the request to seal
going forward, the Court has some concern, due to Defendant's lengthy delay in
moving to seal and the existing legitimate public dissemination of that unsealed
information, that any privacy concerns of Defendant in these pleadings may have been
waived under these circumstances or that these circumstances on balance may
otherwise support a finding that the interests of public access to Court filings outweigh
Defendant's privacy interests at this time. Accordingly, this sealing Order is without
prejudice to future consideration of those issues if the Court receives a non-party
motion to unseal the pleadings. The Clerk shall maintain ECF #s 33 and 34 under seal
until further order of the Court. This Text Order and ECF #s 39 and 40 shall not be
sealed filings. So Ordered by Magistrate Judge Lincoln D. Almond on 3/4/2021.(Noel,
Jeannine) (Entered: 03/04/2021)

03/19/2021

MOTION to Withdraw Document Motion for Compassionate Release by David
Staveley. Responses due by 4/2/2021.(Knight, Jason) (Entered: 03/19/2021)

03/19/2021

TEXT ORDER withdrawing 33 MOTION for Compassionate Release as to David
Staveley (1); granting 41 Motion to Withdraw Document as to David Staveley (1). So
Ordered by Magistrate Judge Lincoln D. Almond on 3/19/2021.(Noel, Jeannine)
(Entered: 03/19/2021)

03/19/2021

HEARING CANCELLED as to David Staveley: VIDEO Motion Hearing
CANCELLED for 3/22/2021 at 11:00 AM in Remote Hearing before Magistrate Judge
Lincoln D. Almond. (Noel, Jeannine) (Entered: 03/19/2021)

04/27/2021

NOTICE OF HEARING as to David Staveley. This matter is on the list of cases for the
June 2021 trial calendar. The calendar call will be held on May 11, 2021 at 9:30 AM
via Zoom before District Judge Mary S. McElroy. Due to the number of cases
scheduled, parties seeking to continue this matter must file a motion to continue by
May 7, 2021, to be removed from the calendar call notice. (Zoom ID: 160 126 7400,
Password: 520445) (Urizandi, Nisshy) (Entered: 04/27/2021)

05/06/2021

PLEA AGREEMENT as to David Staveley (Vilker, Lee) (Entered: 05/06/2021)

05/10/2021

NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley. Change
of Plea Hearing set for 5/17/2021 at 10:30 AM via Zoom before District Judge Mary S.
McElroy. (Zoom Meeting ID: 160 281 4721, Passcode: 120394) (Urizandi, Nisshy)
(Entered: 05/10/2021)
Case 1:20-cr-00074-WES-LDA Document 139-3

Filed 10/31/24 Page 12 of 21 PagelD

05/17/2021

Minute Entry for proceedings held before District Judge Mary S. McElroy:Change of
Plea Hearing as to David Staveley held on 5/17/2021, Plea entered by David Staveley
(1) Guilty Count 1,7. Lee Vilker for Government.Jason Knight for Defendant.
Defendant sworn. Defendant Defendant waives right to appear in person and consents
to appear via video. Court verifies that the Defendant has reviewed the charges & plea
agreement with his attorney. Court questions Defendant and reviews maximum
penalties, sentencing guidelines, and constitutional rights. Government outlines the
legal elements and facts of the case. Defendant agrees with Government's outline.
Defendant pleads guilty to Counts 1 & 7. Defendant requests in person sentencing.
Sentencing 8/2/2021 10:00 am in the JAR. Defendant remanded. Court adjourned.
(Court Reporter Karen Wischnowsky in Courtroom Zoom Video at 10:40am.)
(McGuire, Vickie) (Entered: 05/17/2021)

05/17/2021

NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing set for 8/5/2021 at 10:00 AM in Jury Assembly before District Judge Mary
S. McElroy. Please Note: Date & time has changed. (McGuire, Vickie) (Entered:
05/17/2021)

07/14/2021

MOTION to Continue by David Staveley. Responses due by 7/28/2021.(Knight,
Jason) (Entered: 07/14/2021)

07/15/2021

TEXT ORDER granting 44 Motion to Continue as to David Staveley (1). So Ordered
by District Judge Mary S. McElroy on 7/15/2021.(Potter, Carrie) (Entered: 07/15/2021)

07/15/2021

NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing rescheduled for 10/5/2021 at 10:00 AM in Courtroom 2 before District
Judge Mary S. McElroy.(Potter, Carrie) (Entered: 07/15/2021)

09/13/2021

OBJECTION TO PRESENTENCE REPORT by David Staveley (Attachments: # 1
Supporting Memorandum)(Knight, Jason) (Entered: 09/13/2021)

09/14/2021

NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing rescheduled for 9/30/2021 at 02:00 PM in Jury Assembly before District
Judge Mary S. McElroy. Please note date and time change.(Public Zoom Information:
Meeting ID: 161 560 5365, Passcode: 139701) (Potter, Carrie) (Entered: 09/14/2021)

09/24/2021

SENTENCING MEMORANDUM by USA as to David Staveley (Vilker, Lee)
(Entered: 09/24/2021)

09/29/2021

HEARING CANCELLED as to David Staveley: Due to the COVID-19 outbreak at
Wyatt Detention Center, the Sentencing scheduled for 9/30/2021 at 02:00 PM in Jury

Assembly before District Judge Mary S. McElroy is hereby cancelled. (Potter, Carrie)
(Entered: 09/29/2021)

09/29/2021

NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing set for 10/5/2021 at 02:00 PM in Remote Hearing before District Judge
Mary S. McElroy.(Zoom Meeting ID: 161 560 5365, Passcode: 139701) (Potter,
Carrie) (Entered: 09/29/2021)

10/04/2021

HEARING CANCELLED ‘Sentencing set for 10/5/2021 at 02:00 PM in Remote
Hearing before District Judge Mary S. McElroy is hereby cancelled. (Potter, Carrie)
(Entered: 10/04/2021)

10/04/2021

NOTICE OF HEARING DEFENDANT REQUEST as to David Staveley.
Sentencing set for 10/7/2021 at 11:00 AM in Jury Assembly before District Judge
Mary S. McElroy. PLEASE NOTE: THIS IN A IN-PERSON HEARING.(Zoom
Meeting ID: 161 560 5365, Passcode: 139701) (Potter, Carrie) (Entered: 10/04/2021)
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 13 of 21 PagelD

10/07/2021

Minute Entry for proceedings held before District Judge Mary S. McElroy:Sentencing
held on 10/7/2021 for David Staveley : L. Vilker, J. Knight. M. Picozzi, US Probation.
Deft present. Court verifies that defense counsel has reviewed the PSR with the deft.
Objections made. Arguments heard. For the reasons stated in open court, the Court
grants objections in part and overrules objections in part. Court sets forth the advisory
sentencing guideline calculations in this case. Govt and defense counsel each give their
sentencing recommendations. Deft exercises his right to allocution. 1 impact statement
given. Court addresses and sentences the deft to 56 months of imprisonment - 44
months as to Count 1 and 12 months as to Count 7 to run consecutive. 3 years of
supervised release, $200.00 special assessment, no fine. Court verifies that the deft has
waived his right to appeal pursuant to the plea agreement filed in this case. Deft
remanded. Recess.(Court Reporter D. Veitch in Courtroom Jury Assembly Room at
11:30 am.)(Potter, Carrie) (Entered: 10/07/2021)

10/12/2021

JUDGMENT as to David Staveley (1), Count(s) 1, 7, 56 months of imprisonment - 44
months as to Count 1 and 12 months as to Count 7 to run consecutive. 3 years of
supervised release, $200.00 special assessment, no fine.; Count(s) 2-4, 5, 6,
Dismissed.. So Ordered by District Judge Mary S. McElroy on 10/12/2021.(Potter,
Carrie) (Entered: 10/12/2021)

10/15/2021

NOTICE OF APPEAL by David Staveley as to Sentencing.

NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF
Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should
also review the First Circuit requirements for electronic filing by visiting the
CM/ECF Information section at http://www.cal.uscourts.gov/cmecf Appeal Record
due by 11/15/2021. (Attachments: # 1 Envelope)(Kenny, Meghan) (Entered:
10/15/2021)

10/15/2021

MOTION to Appoint Counsel by David Staveley. Responses due by 10/29/2021.
(Attachments: # 1 Envelope)(Kenny, Meghan) (Entered: 10/15/2021)

10/15/2021

MOTION for Return of Property/PostTrial by David Staveley. Responses due by
10/29/2021.(Kenny, Meghan) (Entered: 10/15/2021)

10/18/2021

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on
appeal consisting of notice of appeal, order(s) being appealed, and copy of the district
court docket report transmitted to the U.S. Court of Appeals for the First Circuit in
accordance with Ist Cir. R. 11.0(b). as to David Staveley 53 Notice of Appeal - Other.
(Attachments: # 1 record on appeal)(Kenny, Meghan) (Entered: 10/18/2021)

10/18/2021

USCA Case Number 21-1842 assigned as to 53 Notice of Appeal filed by David
Staveley. (Kenny, Meghan) (Entered: 10/18/2021)

10/19/2021

TEXT ORDER denying 59 Motion for Reconsideration filed by David Staveley. So
Ordered by District Judge Mary S. McElroy on 10/19/2021.(Potter, Carrie) (Entered:
10/19/2021)

11/05/2021

MOTION to Appoint Counsel by David Staveley. Responses due by 11/19/2021.
(Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 11/05/2021)

11/12/2021

TEXT ORDER denying 65 Motion to Appoint Counsel as to David Staveley (1). The
case is under appeal, therefore, this Court does not have jurisdiction. So Ordered by
District Judge Mary S. McElroy on 11/12/2021.(Potter, Carrie) (Entered: 11/12/2021)

11/15/2021

MOTION for Leave to Appeal In Forma Pauperis by David Staveley. Responses due
by 11/29/2021. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 11/15/2021)
Case 1:20-cr-00074-WES-LDA Document 139-3

Filed 10/31/24 Page 14 of 21 PagelD
#-1295

11/18/2021

TEXT ORDER granting 66 Motion for Leave to Appeal In Forma Pauperis as to David
Staveley (1). So Ordered by District Judge Mary S. McElroy on 11/18/2021.(Potter,
Carrie) (Entered: 11/18/2021)

11/19/2021

Supplemental Record on Appeal transmitted to U.S. Court of Appeals for the First
Circuit. as to David Staveley 53 Notice of Appeal - Other,,. (Attachments: # 1
Supplemental ROA)(DaCruz, Kayla) (Entered: 11/19/2021)

01/25/2022

TRANSCRIPT of Change of Plea Hearing filed as to David Staveley for the date of
May 17, 2021, before Judge Mary S. McElroy, re 53 Notice of Appeal - Other, COA
Number: 21-1842. Court Reporter Karen Wischnowsky, Telephone number (401) 752-
7045. Transcript may be viewed at the court public terminal or purchased through the
Court Reporter before the deadline for Release of Transcript Restriction. After that date
it may be obtained through the Court Reporter or PACER Redaction Request due
2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript
Restriction set for 4/25/2022. (Wischnowsky, Karen) (Entered: 01/25/2022)

02/04/2022

TEXT ORDER granting 56 Motion for Return of Property/PostTrial as to David
Staveley (1). So Ordered by District Judge Mary S. McElroy on 2/4/2022.(Potter,
Carrie) (Entered: 02/04/2022)

02/21/2022

TRANSCRIPT of Sentencing Hearing, filed as to David Staveley, for date of October
7, 2021, before Judge Mary S. McElroy, re 53 Notice of Appeal - Other,, COA
Number: 21-1842. Court Reporter Denise P. Veitch, Telephone number 401-752-7031.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter before the deadline for Release of Transcript Restriction. After that date it
may be obtained through the Court Reporter or PACER Redaction Request due
3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript
Restriction set for 5/23/2022. (Veitch, Denise) (Entered: 02/21/2022)

04/05/2022

TRANSCRIPT ORDER for proceedings held on 5/5/2020; 8/5/2020; 3/1/2021 before
Magistrate Judge Lincoln D. Almond. Ordinary Transcript delivery selected. Transcript
to be delivered in 30 days. (DaCruz, Kayla) (Entered: 04/05/2022)

04/05/2022

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 70 Transcript Order.
Court Reporter/Transcriber: Lisa Schwam (Dias, Jennifer) (Entered: 04/05/2022)

08/02/2022

OPINION of the U.S. Court of Appeals for the First Circuit (certified copy) as to David
Staveley re 53 Notice of Appeal - Other. (DaCruz, Kayla) (Entered: 08/02/2022)

08/02/2022

JUDGMENT of the U.S. Court of Appeals for the First Circuit as to David Staveley re
53 Notice of Appeal - Other. (DaCruz, Kayla) (Entered: 08/02/2022)

08/03/2022

OPINION of the U.S. Court of Appeals for the First Circuit (certified copy) as to David
Staveley re 53 Notice of Appeal. (Kenny, Meghan) (Entered: 08/03/2022)

08/03/2022

JUDGMENT of the U.S. Court of Appeals for the First Circuit as to David Staveley re
53 Notice of Appeal- Dismissed. (Kenny, Meghan) (Entered: 08/03/2022)

08/15/2022

MOTION to Appoint Counsel by David Staveley. Responses due by 8/29/2022.
(Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 08/15/2022)

08/17/2022

TEXT ORDER: Defendants Motion to Appoint Counsel (ECF No. 76 ) is DENIED.
Defendants have no automatic right to counsel in post-conviction proceedings.
Pennsylvania v. Finley, 481 U.S. 551 (1987). [T]he First Circuit has pointed to three
factors by which a court may discern the "rare" case where appointment of counsel for
a habeas defendant is warranted: (1) the likelihood of success on the constitutional
claim; (2) the factual complexity and legal intricacy of the claim; and (3) the ability of
Case 1:20-cr-00074-WES-LDA Document 139-3

Filed 10/31/24 Page 15 of 21 PagelD

the prisoner to investigate dind¢Q Bop the factual record necessary to the claim.
United States v. Lopez, 52 F. Supp. 3d 354, 357-358 citing United States v. Mala, 7
F.3d 1058, 1063-64 (1993). None of these factors have been presented in the
Defendants Motion. So Ordered by District Judge Mary S. McElroy on 8/17/2022.
(Potter, Carrie) (Entered: 08/17/2022)

08/17/2022

AMENDED MOTION to Appoint Counsel by David Staveley. Responses due by
8/31/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 08/17/2022)

08/18/2022

TEXT ORDER: Defendants Motion to Appoint Counsel (ECF No. 77 ) is DENIED for
the reasons stated in the Courts Text Order dated 8/17/2022 denying the same request
in the same case. So Ordered by District Judge Mary S. McElroy on 8/18/2022.(Potter,
Carrie) (Entered: 08/18/2022)

08/25/2022

MANDATE of the U.S. Court of Appeals for the First Circuit as to David Staveley and
in accordance with 53 Notice of Appeal - Other. (DaCruz, Kayla) (Entered:
08/25/2022)

08/29/2022

MOTION to Vacate under 28 U.S.C. 2255 by David Staveley. Responses due by
9/12/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla)
Civil case 1:22-cv-00315-MSM opened. (Entered: 08/29/2022)

08/29/2022

MOTION of Improper Communication by Chief Judge District of RI by David
Staveley. Responses due by 9/12/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla)
(Entered: 08/29/2022)

08/29/2022

MOTION to Strike Malicious Prosecution. by David Staveley. Responses due by
9/12/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 08/29/2022)

08/29/2022

MOTION to Show Prosecution - US Attorney Failed to Provide Exculpatory Evidence
by David Staveley. Responses due by 9/12/2022. (Attachments: # 1 Envelope)
(DaCruz, Kayla) (Entered: 08/29/2022)

08/29/2022

MOTION Identifying Prejudice Egregious Performance - Ineffective Council by David
Staveley. Responses due by 9/12/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla)
(Entered: 08/29/2022)

08/31/2022

RESPONSE In Opposition to by USA as to David Staveley re 80 MOTION of
Improper Communication by Chief Judge District of RI Replies due by 9/7/2022.
(Vilker, Lee). (Entered: 08/31/2022)

08/31/2022

NOTICE OF ATTORNEY APPEARANCE Terrence P. Donnelly appearing for USA.
(Donnelly, Terrence) (Entered: 08/31/2022)

08/31/2022

RESPONSE In Opposition to by USA as to David Staveley re 82 MOTION to Show
Prosecution - US Attorney Failed to Provide Exculpatory Evidence Replies due by
9/7/2022. (Vilker, Lee). (Entered: 08/31/2022)

09/12/2022

MOTION REQUESTING AN ORDER (1) FINDING A WAIVER OF ATTORNEY-
CLIENT PRIVILEGE IN §2255 PROCEEDING AND PERMITTING PRIOR
COUNSEL TO DISCUSS ISSUES RAISED BY § 2255 PETITION AND (2)
CONTINUING THE RESPONSE DATE FOR THE GOVERNMENTS
MEMORANDUM re 79 MOTION to Vacate under 28 U.S.C. 2255, 83 MOTION
Identifying Prejudice Egregious Performance - Ineffective Council, 81 MOTION to
Strike Malicious Prosecution. by USA as to David Staveley. Responses due by
9/26/2022. (Attachments: # 1 Proposed Order)(Donnelly, Terrence) (Entered:
09/12/2022)
Case 1:20-cr-00074-WES-LDA Document 139-3

Filed 10/31/24 Page 16 of 21 PagelD

09/14/2022

88

#>1297
MOTION to Preserve all Communication by Asst. U.S. Atty Lee Vilker by David
Staveley. Responses due by 9/28/2022. (Attachments: # 1 Letter, # 2 Envelope)
(DaCruz, Kayla) (Entered: 09/14/2022)

09/14/2022

MOTION to Preserve all Communication by the Court by David Staveley. Responses
due by 9/28/2022. (Attachments: # 1 Letter, # 2 Envelope)(DaCruz, Kayla) (Entered:
09/14/2022)

09/14/2022

NOTICE: Received 2 Duplication Motions by David Staveley re 89 MOTION to
Preserve all Communication by the Court (Attachments: # 1 Envelope, # 2 3rd
Duplication Motion -Court, # 3 Envelope)(DaCruz, Kayla) (Entered: 09/14/2022)

09/14/2022

RESPONSE In Opposition to by USA as to David Staveley re 89 MOTION to Preserve
all Communication by the Court Replies due by 9/21/2022. (Vilker, Lee) (Entered:
09/14/2022)

09/15/2022

TEXT ORDER: The United States Motion for an extension of time (ECF No. 87 ) is
GRANTED and the United States is directed to respond to the Petitioners Motion to
Vacate under 28 U.S.C. 2255 (ECF No. 79 ) on or before November 10, 2022.
Petitioner is directed to respond to the United States Motion for an Order finding a
waiver of attorney client privilege (ECF No. 87 ) by September 26, 2022. So Ordered
by District Judge Mary S. McElroy on 9/15/2022.(Potter, Carrie) (Entered: 09/15/2022)

09/15/2022

TEXT ORDER: The Petitioners Motion to Show Prosecution (ECF No. 82 ) and
Motion Identifying Prejudice Egregious Performance Ineffective Council (ECF No. 83
) are DENIED without prejudice. These Motions include allegations that are part of the
Petitioners Motion to Vacate and will be addressed when that Motion is addressed by
the Court. So Ordered by District Judge Mary S. McElroy on 9/15/2022.(Potter, Carrie)
(Entered: 09/15/2022)

09/15/2022

TEXT ORDER denying 88 MOTION to Preserve all Communication by Asst. U.S.
Atty Lee Vilker as to David Staveley (1). So Ordered by District Judge Mary S.
McElroy on 9/15/2022.(Potter, Carrie) (Entered: 09/15/2022)

09/15/2022

TEXT ORDER denying 89 MOTION to Preserve all Communication by the Court as
to David Staveley (1). So Ordered by District Judge Mary S. McElroy on 9/15/2022.
(Potter, Carrie) (Entered: 09/15/2022)

09/20/2022

RESPONSE In Opposition to by David Staveley re 87 MOTION REQUESTING AN
ORDER (1) FINDING A WAIVER OF ATTORNEY-CLIENT PRIVILEGE IN §2255
PROCEEDING AND PERMITTING PRIOR COUNSEL TO DISCUSS ISSUES
RAISED BY § 2255 PETITION AND (2) CONTINUING THE RESPONSE DATE
FOR THE GOVERNMENTS MEMORANDUM re Replies due by 9/27/2022.
(Attachments: # 1 Envelope)(Kenny, Meghan) (Entered: 09/20/2022)

09/22/2022

MOTION Relief from Order Pursuant to F.R.C.P 60 re Order dated 09/15/2022 at
2:19PM by David Staveley. Responses due by 10/6/2022.(Kenny, Meghan) (Entered:
09/22/2022)

09/22/2022

RESPONSE In Opposition to by David Staveley re 87 MOTION REQUESTING AN
ORDER (1) FINDING A WAIVER OF ATTORNEY-CLIENT PRIVILEGE IN §2255
PROCEEDING AND PERMITTING PRIOR COUNSEL TO DISCUSS ISSUES
RAISED BY § 2255 PETITION AND (2) CONTINUING THE RESPONSE DATE
FOR THE GOVERNMENTS MEMORANDUM te Replies due by 9/29/2022.
(Attachments: # 1 Envelope)(Kenny, Meghan) (Entered: 09/22/2022)

09/23/2022

SECOND MOTION Preserve all Communication by Asst. U.S. Atty Lee Vilker by
David Staveley. Responses due by 10/7/2022.(Kenny, Meghan) (Entered: 09/23/2022)
Case 1:20-cr-00074-WES-LDA Document 139-3

Filed 10/31/24 Page 17 of 21 PagelD

09/23/2022

96

SECOND RESPONSE In Opposition by David Staveley re 87 MOTION
REQUESTING AN ORDER (1) FINDING A WAIVER OF ATTORNEY-CLIENT
PRIVILEGE IN §2255 PROCEEDING AND PERMITTING PRIOR COUNSEL TO
DISCUSS ISSUES RAISED BY § 2255 PETITION AND (2) CONTINUING THE
RESPONSE DATE FOR THE GOVERNMENTS MEMORANDUM te Replies due
by 9/30/2022. (Kenny, Meghan) (Entered: 09/23/2022)

09/26/2022

MOTION Relief from Order Pursuant to F.R.Civ.P 60 re Order, by David Staveley.
Responses due by 10/11/2022. (Attachments: # 1 Envelope)(Kenny, Meghan)
(Entered: 09/26/2022)

09/27/2022

MOTION to Compel compliance with Court Order re: MOTION for return of property
56 by David Staveley. Responses due by 10/11/2022. (Attachments: # 1 Envelope)
(Kenny, Meghan) (Entered: 09/27/2022)

09/27/2022

Ke)

REPLY TO RESPONSE by USA as to David Staveley re 92 Response to Motion,
(Donnelly, Terrence) (Entered: 09/27/2022)

10/03/2022

MOTION to Compel by David Staveley. Responses due by 10/17/2022.(Kenny,
Meghan) (Entered: 10/03/2022)

10/06/2022

_—

_—

RESPONSE In Opposition to by USA as to David Staveley re 100 MOTION to
Compel Replies due by 10/13/2022. (Vilker, Lee) (Entered: 10/06/2022)

10/20/2022

INO

MOTION to Strike by David Staveley. Responses due by 11/3/2022. (Attachments: #
1 Affidavit, # 2 Envelope)(Kenny, Meghan) (Entered: 10/20/2022)

10/20/2022

o

RESPONSE In Opposition to by USA as to David Staveley re 102 MOTION to Strike
Replies due by 10/27/2022. (Vilker, Lee) (Entered: 10/20/2022)

10/26/2022

Memo and Order re: 87 MOTION REQUESTING AN ORDER. So Ordered by
District Judge Mary S. McElroy on 10/26/2022.(Potter, Carrie) (Entered: 10/26/2022)

10/27/2022

—

MOTION for an Extension of Time to File Response/Reply by USA as to David
Staveley. Responses due by 11/10/2022.(Vilker, Lee) (Entered: 10/27/2022)

10/28/2022

TEXT ORDER granting 105 Motion for Extension of Time to File Response/Reply.
Set/Reset Deadlines :MOTION to Vacate under 28 U.S.C. 2255 Responses due by
12/2/2022.. So Ordered by District Judge Mary S. McElroy on 10/28/2022.(Potter,
Carrie) (Entered: 10/28/2022)

11/08/2022

_—

REPLY TO RESPONSE by David Staveley re 103 Response to Motion to Strike.
(Attachments: # 1 Envelope)(Kenny, Meghan) (Entered: 11/08/2022)

11/10/2022

RESPONSE In Opposition to by David Staveley re 105 MOTION for an Extension of
Time to File Response/Reply Replies due by 11/17/2022. (Attachments: # 1 Envelope)
(Kenny, Meghan) (Entered: 11/10/2022)

11/15/2022

_—

RESPONSE In Opposition to by David Staveley re 105 MOTION for an Extension of
Time to File Response/Reply Replies due by 11/22/2022. (Attachments: # 1 Envelope)
(DaCruz, Kayla) (Entered: 11/15/2022)

11/15/2022

_—
Ne)

NOTICE: Received duplicate by David Staveley re 106 Reply to Response
(Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 11/15/2022)

11/15/2022

MOTION for Recusal of Judge Mary S. McElroy by David Staveley. Responses due
by 11/29/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 11/15/2022)

11/16/2022

RESPONSE In Opposition to by USA as to David Staveley re 110 MOTION for
Recusal Replies due by 11/23/2022. (Vilker, Lee) (Entered: 11/16/2022)
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 18 of 21 PagelD

11/18/2022

CLERKS NOTE: duplicate copy received re: 110 MOTION for Recusal of Judge Mary
S. McElroy by David Staveley. (Attachments: # 1 Envelope) (Kenny, Meghan)

(Entered: 11/18/2022)

11/29/2022

MOTION for Leave to Amend Petition under 18 USC Section 2255 by David Staveley.
Responses due by 12/13/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered:
11/29/2022)

11/29/2022

REPLY TO RESPONSE by David Staveley re 111 Response to Motion (Attachments:
# 1 Envelope)(DaCruz, Kayla) (Entered: 11/29/2022)

11/29/2022

MOTION to Request Timely Updates by the Court as to Petitioners Filings by David
Staveley. Responses due by 12/13/2022. (Attachments: # 1 Envelope)(DaCruz, Kayla)
(Entered: 11/29/2022)

11/30/2022

_—
ON

CLERK'S NOTE: Duplicates received by David Staveley re 113 MOTION for Leave
to File, 114 Reply to Response (Attachments: # 1 Envelope, #2 Reply, #3 Envelope)
(DaCruz, Kayla) (Entered: 11/30/2022)

12/01/2022

_—

RESPONSE In Opposition to by USA as to David Staveley re 87 MOTION
REQUESTING AN ORDER (1) FINDING A WAIVER OF ATTORNEY-CLIENT
PRIVILEGE IN §2255 PROCEEDING AND PERMITTING PRIOR COUNSEL TO
DISCUSS ISSUES RAISED BY § 2255 PETITION AND (2) CONTINUING THE
RESPONSE DATE FOR THE GOVERNMENTS MEMORANDUM te Replies due
by 12/8/2022. (Attachments: # 1 Exhibit 1)(Vilker, Lee) (Entered: 12/01/2022)

12/05/2022

_—

EMERGENCY MOTION for Leave to file Interlocutory-Appeal by David Staveley.
Responses due by 12/19/2022. (Attachments: # 1 Envelope)(Kenny, Meghan)
(Entered: 12/05/2022)

12/06/2022

TEXT ORDER: The Petitioner's Emergency Motion for Leave to File Interlocutory
Appeal (ECF No. 118 ) is DENIED. The Motion from which Petitioner seeks review
has not yet been decided by the court. So Ordered by District Judge Mary S. McElroy
on 12/6/2022.(Potter, Carrie) (Entered: 12/06/2022)

12/06/2022

TEXT ORDER: The Petitioner's Motion for Improper Communication by the Chief
Judge District of Rhode Island (ECF No. 80 ) is DENIED. The Petitioner's Motion sets
forth his perception of what the Chief Judge said or meant when he visited the Wyatt
Detention Center. It does not set forth a claim for relief and is a factual issue that will
be resolved within the Petition. So Ordered by District Judge Mary S. McElroy on
12/6/2022.(Potter, Carrie) (Entered: 12/06/2022)

12/06/2022

TEXT ORDER denying 81 MOTION to Strike Malicious Prosecution. as to David
Staveley (1). So Ordered by District Judge Mary S. McElroy on 12/6/2022.(Potter,
Carrie) (Entered: 12/06/2022)

12/06/2022

TEXT ORDER: Petitioner's Motions for Relief from Order (ECF Nos. 93 and 97 ) are
DENIED. The Motions misstate the record. This Court granted an extension of time for
the Government to respond to the Petitioner's Habeas Petition it did not address the
governments motion for waiver of attorney client privilege until after Mr. Stavelys
objection was received and considered. The Court could not reasonably have
compelled the government to respond to the Habeas Petition until after it had ruled on
the issue of waiver of attorney client privilege. So Ordered by District Judge Mary S.
McElroy on 12/6/2022.(Potter, Carrie) (Entered: 12/06/2022)

12/06/2022

TEXT ORDER: The Petitioner's Second Motion to Preserve all Communication by
Asst. U.S. Atty. Lee Vilker (ECF No. 95 ) is DENIED. The Petitioner's Motion is the
same motion as previously denied by this Court in ECF No. 89 . The Motion asserts no
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 19 of 21 PagelD

legal basis for this motion. SoS Rred by District Judge Mary S. McElroy on
12/6/2022.(Potter, Carrie) (Entered: 12/06/2022)

12/06/2022

TEXT ORDER: The Petitioner's Motion to Compel Compliance with Court Order
(ECF No. 98 ) is GRANTED. The Respondent has committed to delivering the
Petitioners drivers license to his mother. Once that has been completed the Respondent
shall provide the Court with notice of the delivery. Should the Respondent encounter
problems returning the license to the Petitioners mother they are ordered to provide
notice of this to the Court. Petitioners Motion to Compel (ECF No. 100 ) which seeks
the same relief as ECF No. 98 is DENIED as moot. So Ordered by District Judge Mary
S. McElroy on 12/6/2022.(Potter, Carrie) (Entered: 12/06/2022)

12/06/2022

TEXT ORDER denying 102 Motion to Strike as to David Staveley (1). So Ordered by
District Judge Mary S. McElroy on 12/6/2022.(Potter, Carrie) (Entered: 12/06/2022)

12/06/2022

TEXT ORDER denying 115 MOTION to Request Timely Updates by the Court as to
Petitioners Filings as to David Staveley (1). So Ordered by District Judge Mary S.
McElroy on 12/6/2022.(Potter, Carrie) (Entered: 12/06/2022)

12/06/2022

TEXT ORDER: The Petitioner's Motion for Recusal (ECF No. 110 ) is DENIED. In
his motion the Petitioner has misstated the record with respect to ECF No. 87 which
was filed on September 12, 2022. The Court granted the extension of time that the
government sought and ordered the petitioner to respond to the Respondents Motion
September 15, 2022. The Court did not rule on that motion until after Petitioner had
responded. So Ordered by District Judge Mary S. McElroy on 12/6/2022.(Potter,
Carrie) (Entered: 12/06/2022)

12/07/2022

Ke}

CLERKS NOTE: duplicate copy received by David Staveley re 118 MOTION for
Leave to Appeal (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 12/07/2022)

12/07/2022

TEXT ORDER: The Respondent is directed that it need not reply to the Petitioner's
Motions unless they are ordered to do so by the Court or otherwise choose to respond.
So Ordered by District Judge Mary S. McElroy on 12/7/2022.(Potter, Carrie) (Entered:
12/07/2022)

12/07/2022

TEXT ORDER: The Court has received numerous submissions from David Staveley
that appear to be duplicative of previously filed documents. (See, ECF Nos. 90, 112,
116, and 119). The submission of these duplicates is unnecessary, and Mr. Staveley
shall not submit any additional duplicate copies of previously filed documents unless
ordered by the Court. So Ordered by District Judge Mary S. McElroy on 12/7/2022.
(Potter, Carrie) (Entered: 12/07/2022)

12/09/2022

_—

NOTICE OF APPEAL by David Staveley as to 118 MOTION for Leave to Appeal

NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF
Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should
also review the First Circuit requirements for electronic filing by visiting the
CM/ECF Information section at http://www.cal.uscourts.gov/emecf Appeal Record
due by 1/9/2023. (Attachments: # 1 Envelope)(Kenny, Meghan) (Entered: 12/09/2022)

12/09/2022

_—
_—

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on
appeal consisting of notice of appeal, order(s) being appealed, and certified copy of the
district court docket report transmitted to the U.S. Court of Appeals for the First Circuit
in accordance with Ist Cir. R. 11.0(b). as to David Staveley 120 Notice of Appeal -
Other,,. Documents Sent: 120, 118. (Attachments: # 1 Record on Appeal)(Kenny,
Meghan) (Entered: 12/09/2022)
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 20 of 21 PagelD

12/13/2022

USCA Case Number as to David Staveley 22-1969 for 120 Notice of Appeal, filed by
David Staveley. (Kenny, Meghan) (Entered: 12/13/2022)

12/14/2022

_—

MOTION to Request timely updates by the Court as to petitioners filings by David
Staveley. Responses due by 12/28/2022.(Potter, Carrie) (Entered: 12/14/2022)

12/15/2022

_—

MOTION for an Extension of Time to File Response/Reply as to 117 Response to
Motion, by David Staveley. Responses due by 12/29/2022. (Attachments: # 1
Envelope)(Kenny, Meghan) (Entered: 12/15/2022)

12/19/2022

_—

MOTION to Compel Return of Defendant's Property by David Staveley. Responses
due by 1/2/2023. (Attachments: # 1 Envelope)(DaCruz, Kayla) (Entered: 12/19/2022)

12/21/2022

_—
wal

REPLY TO RESPONSE by David Staveley re 117 Response to Motion, (Attachments:
# 1 Envelope)(DaCruz, Kayla) (Entered: 12/21/2022)

12/29/2022

TEXT ORDER denying 122 MOTION to Request timely Updates by the Court as to
Petitioners filings as to David Staveley (1). So Ordered by District Judge Mary S.
McElroy on 12/29/2022.(Potter, Carrie) (Entered: 12/29/2022)

01/05/2023

_—
ION

RESPONSE In Support to by USA as to David Staveley re 124 MOTION to Compel
Replies due by 1/12/2023. (Vilker, Lee) (Entered: 01/05/2023)

01/10/2023

_—

ORDER OF RECUSAL entered as to David Staveley. District Judge Mary S. McElroy
recused. Case reassigned to District Judge William E. Smith for all further proceedings.
So Ordered by District Judge Mary S. McElroy on 1/10/2023. (Potter, Carrie) (Entered:
01/10/2023)

01/20/2023

(oe)

Emergency MOTION for an Extension of Time to File Response/Reply as to 126
Response to Motion by David Staveley. Responses due by 2/3/2023. (Attachments: #
1 Envelope)(DaCruz, Kayla) (Entered: 01/20/2023)

01/20/2023

Ke)

MOTION to Clarify Order of Judge McElroy re 127 Order of Recusal by David
Staveley. Responses due by 2/3/2023. (Attachments: # 1 Envelope)(DaCruz, Kayla)
(Entered: 01/20/2023)

01/23/2023

_—

REPLY TO RESPONSE by David Staveley re 126 Response to Motion (Attachments:
# 1 Envelope)(DaCruz, Kayla) (Entered: 01/23/2023)

01/26/2023

—
—

SUPPLEMENTAL MEMORANDUM in support of 79 MOTION to Vacate under 28
U.S.C. 2255 (Attachments: # 1 Attachment, # 2 Envelope)(DaCruz, Kayla) (Entered:
01/26/2023)

03/02/2023

_—

NOTICE of Change of Address by David Staveley. (Attachments: # 1 Envelope)
(DaCruz, Kayla) (Entered: 03/02/2023)

03/02/2023

DOCKET NOTE: Regarding: 132 Notice (Other). Clerk's office updated address.
(DaCruz, Kayla) (Entered: 03/02/2023)

08/11/2023

MEMORANDUM and ORDER denying 79 Motion to Vacate (2255); denying 113
Motion to Amend; denying as moot 123 Motion for Extension of Time to File
Response/Reply; denying 124 Motion to Compel; denying as moot 128 Motion for
Extension of Time to File Response/Reply. So Ordered by District Judge William E.
Smith on 8/11/2023. So Ordered by District Judge William E. Smith on 8/11/2023.
(Simoncelli, Michael) (Entered: 08/11/2023)

08/11/2023

TEXT ORDER granting Defendant's 129 Motion to Clarify. Staveley seeks
clarification as to the extent of Judge McElroy's January 10, 2023, Order of Recusal in
this case and in C.A. No. 22-00315. Because all filings related to his Motion to Vacate
have been made in this case, Judge McElroy's Order of Recusal is applicable to both
Case 1:20-cr-00074-WES-LDA Document 139-3 Filed 10/31/24 Page 21 of 21 PagelD

this case and C.A. No. 22-6034398o Ordered by District Judge William E. Smith on
8/11/2023.(Simoncelli, Michael) (Entered: 08/11/2023)

12/14/2023

TRANSCRIPT ORDER RESCINDED The Court Reporter certifies the transcript order
is unable to be fulfilled for the following reasons: Satisfactory financial arrangements
have not been made (Dias, Jennifer) (Entered: 12/14/2023)

01/04/2024

—

JUDGMENT of the U.S. Court of Appeals for the First Circuit as to David Staveley re
120 Notice of Appeal - Other. JUDGMENT entered by Gustavo A. Gelp, Jr., Appellate
Judge; Bruce M. Selya, Appellate Judge and Ojetta Rogeriee Thompson, Appellate
Judge. 22-1969 Dismissed. [22-1969] (Gonzalez Gomez, Viviana) (Entered:
01/04/2024)

01/04/2024

_—
al

CORRECTED JUDGMENT of the U.S. Court of Appeals for the First Circuit as to
David Staveley re 120 Notice of Appeal - Other. CORRECTED JUDGMENT™ entered
by Gustavo A. Gelp, Jr., Appellate Judge; Bruce M. Selya, Appellate Judge and Ojetta
Rogeriee Thompson, Appellate Judge. 22-1969 Dismissed. * Corrected Judgment
issued to amend text of judgment. [22-1969] (Gonzalez Gomez, Viviana) (Entered:
01/04/2024)

02/28/2024

_—
ION

MANDATE of the U.S. Court of Appeals for the First Circuit as to David Staveley and
in accordance with 120 Notice of Appeal - Other (Hill, Cherelle) (Entered: 02/28/2024)


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