Full text
APPEAL,FORFEITURE ALLEGATION
U.S. District Court
District of Rhode Island (Providence)
CRIMINAL DOCKET FOR CASE #: 1:20−cr−00074−MSM−LDA−1
Case title: USA v. Staveley
Magistrate judge case number: 1:20−mj−00034−LDA
Date Filed: 09/02/2020
Date Terminated: 10/12/2021
Assigned to: District Judge Mary
S. McElroy
Referred to: Magistrate Judge
Lincoln D. Almond
Appeals court case number:
21−1842 U.S. Court of Appeals
for the First Circuit
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
04230049
Donald W. Wyatt Detention Facility
Unit B #27
950 High Street
Central Falls, RI 02863
PRO SE
George J. West
One Turks Head Place
Suite 312
Providence, RI 02903−2215
861−9042
Fax: 861−0330
Email: gjwest@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
1
Case 1:20-cr-00074-WES-LDA Document 67-1 Filed 11/19/21 Page 1 of 21 PageID
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Fax: 866−413−1869
Email: jason.knight@jasonknightlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
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 P.C.
One Citizens Plaza
8th Floor
Providence, RI 02903
401−274−7200
Fax: 401−351−4607
Email: jtechentin@apslaw.com
TERMINATED: 01/08/2021
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts
Disposition
18:1349 − CONSPIRACY TO
COMMIT BANK FRAUD
(1)
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.
18:1028A − AGGRAVATED
IDENTITY THEFT
(6)
Dismissed.
18:3146(a)(1) − FAILURE TO
APPEAR IN COURT AS
REQUIRED
(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.
Highest Offense Level
(Opening)
Felony
Terminated Counts
Disposition
2
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18:1344 − BANK FRAUD
(2−4)
Dismissed.
15:645(a) − FALSE
STATEMENTS TO
INFLUENCE THE SMALL
BUSINESS ADMINISTRATION
(5)
Dismissed.
Highest Offense Level
(Terminated)
Felony
Complaints
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
U.S. Attorney's Office
Fleet Center
50 Kennedy Plaza
8th Floor
Providence, RI 02903
401−709−5044
Fax: 709−5001
Email: lee.vilker@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed
#
Page 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)
3
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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)
05/05/2020
5
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
6
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
7
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−mj−00034−LDA] (Entered: 05/08/2020)
05/09/2020
10
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
11
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
4
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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
12
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
13
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)
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
14
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
15
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)
5
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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−mj−00034−LDA]
(Entered: 05/12/2020)
05/20/2020
16
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 5/26/2020. Video Instructions will be 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
17
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
18
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
21
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
22
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−mj−00034−LDA] (Entered: 06/02/2020)
6
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06/02/2020
23
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
24
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.(Courtroom Video
Hearing at 1:36.)(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
25
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
26
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
7
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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
27
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)
09/02/2020
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,
8
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Jeannine) (Entered: 09/21/2020)
09/21/2020
30
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
31
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
32
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
33
MOTION for Compassionate Release by David Staveley. Responses due by
1/22/2021.(Josephs, Mark) (Entered: 01/08/2021)
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
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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
34
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
35
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
36
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)
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)
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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
38
NOTICE OF ATTORNEY APPEARANCE: Jason P. Knight appearing for
David Staveley (Knight, Jason) (Entered: 03/01/2021)
03/02/2021
39
MOTION to Seal by David Staveley. (Knight, Jason) Modified (Unsealed) on
3/4/2021 (Noel, Jeannine). (Entered: 03/02/2021)
03/03/2021
40
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) because they contain personal and sensitive 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
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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
41
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
42
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)
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)
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(Entered: 05/17/2021)
07/14/2021
44
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
45
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
48
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)
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
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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
51
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
53
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.ca1.uscourts.gov/cmecf Appeal Record due by 11/15/2021.
(Attachments: # 1 Envelope)(Kenny, Meghan) (Entered: 10/15/2021)
10/15/2021
54
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
56
MOTION for Return of Property/PostTrial by David Staveley. Responses due
by 10/29/2021.(Kenny, Meghan) (Entered: 10/15/2021)
10/18/2021
58
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 1st 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
65
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
66
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)
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)
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MIME−Version:1.0
From:cmecf@rid.uscourts.gov
To:cmecfnef@rid.uscourts.gov
Bcc:
−−Case Participants: Jason P. Knight (jason.knight@jasonknightlaw.com), Lee Vilker
(caseview.ecf@usdoj.gov, jade.brennan@usdoj.gov, lauren.masse@usdoj.gov,
lee.vilker@usdoj.gov, lindsay.beltzer@usdoj.gov, michele.sisson@usdoj.gov,
miriam.contreras−morales@usdoj.gov, richard.myrus@usdoj.gov, usari−ecf@usdoj.gov),
Magistrate Judge Lincoln D. Almond (juliane_realejo@rid.uscourts.gov,
ldanef@rid.uscourts.gov, mag_judge_almond@rid.uscourts.gov,
mara_martinelli@rid.uscourts.gov), District Judge Mary S. McElroy
(judge_mcelroy@rid.uscourts.gov, msmnef@rid.uscourts.gov)
−−Non Case Participants: Finance Department (claire_parvin@rid.uscourts.gov,
vickie_mcguire@rid.uscourts.gov), RI Department of Corrections Finance
(amanda.brouillard@doc.ri.gov, susan.vani@doc.ri.gov)
−−No Notice Sent:
Message−Id:1687698@rid.uscourts.gov
Subject:Activity in Case 1:20−cr−00074−MSM−LDA USA v. Staveley Order on Motion for Leave
to Appeal In Forma Pauperis
Content−Type: text/html
U.S. District Court
District of Rhode Island
Notice of Electronic Filing
The following transaction was entered on 11/18/2021 at 9:41 AM EST and filed on 11/18/2021
Case Name:
USA v. Staveley
Case Number:
1:20−cr−00074−MSM−LDA
Filer:
Document Number: No document attached
Docket Text:
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)
1:20−cr−00074−MSM−LDA−1 Notice has been electronically mailed to:
Jason P. Knight     jason.knight@jasonknightlaw.com
Lee Vilker     lee.vilker@usdoj.gov, CaseView.ECF@usdoj.gov, jade.brennan@usdoj.gov,
lauren.masse@usdoj.gov, lindsay.beltzer@usdoj.gov, michele.sisson@usdoj.gov,
miriam.contreras−morales@usdoj.gov, richard.myrus@usdoj.gov, usari−ecf@usdoj.gov
1:20−cr−00074−MSM−LDA−1 Notice has been delivered by other means to:
David Staveley(Terminated)
04230049
Donald W. Wyatt Detention Facility
Unit B #27
950 High Street
20
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#: 558
Central Falls, RI 02863
21
Case 1:20-cr-00074-WES-LDA Document 67-1 Filed 11/19/21 Page 21 of 21 PageID
#: 559