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If there were no doubt he would only get probation- why do you think David Foley submitted a SECOND motion to reduce the sentence for downward departure?


Pacer update 19 Dec 13 - USA v. Foley et al - CRIMINAL DOCKET FOR CASE #: 5:11-cr-00554-EJD

https://ecf.cand.uscourts.gov/cgi-bin/iquery.pl

Date Filed # Docket Text

12/19/2013 123 Order Granting 118 Motion for Leave to File as to David Russell Foley (1). The Court Grants the government leave to file a memorandum no to exceed 20 pages in opposition to defendant David Foley's sentencing memorandum. Signed by Hon. Edward J. Davila on 12/19/2013. (ecg, COURT STAFF) (Filed on 12/19/2013) (Entered: 12/19/2013)

12/17/2013 122 ORDER RE TRAVEL, granting 121 as to David Russell Foley (1). Signed by Judge Magistrate Judge Howard R. Lloyd on 12/17/13. (pmc, COURT STAFF) Modified on 12/18/2013 (cfeS, COURT STAFF). (Entered: 12/17/2013)

12/16/2013 121 Travel Request Outside District by David Russell Foley. (Attachments: # 1 Proposed Order Travel Outside District)(Mullins, Jerome) (Filed on 12/16/2013) Modified on 12/17/2013 (cfeS, COURT STAFF). (Entered: 12/16/2013)

12/16/2013 120 This is a text only docket entry, there is no document associated with this notice.CLERKS NOTICE Continuance of Sentencing and Motion Hearing as to David Russell Foley, Set/Reset Deadlines as to 117 Second MOTION to Reduce Sentence for Downward Departure. Sentencing set for 1/21/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Motion Hearing set for 1/21/2014 09:00 AM before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 12/16/2013) Modified text on 12/16/2013 (ecg, COURT STAFF). (Entered: 12/16/2013)


U.S. District Court
California Northern District (San Jose)
CRIMINAL DOCKET FOR CASE #: 5:11-cr-00554-EJD All Defendants
Case title: USA v. Foley et al

Date Filed: 08/18/2011
Assigned to: Hon. Edward J. Davila
Referred to: Magistrate Judge Howard R. Lloyd

Defendant (1)
David Russell Foley
represented by Jerome Pierce Mullins
Attorney at Law
95 South Market St., Suite 300
San Jose,, CA 95113
408.252.9937
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Benjamin Laban Singer
Colt / Singer / Bea LLP
235 Montgomery Street
Suite 907
San Francisco, CA 94104
[phone]
Email: [e-mail]
TERMINATED: 02/14/2013
Designation: Retained

Samuel William Shepard
Attorney at Law
493 Lake Havasu Lane
P.O. Box 247
Boulder City, NV 89005
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:1349 - Conspiracy to Commit Bank Fraud
(1)
18:1344(2) and 2 - Bank Fraud; Aiding and Abetting
(2-3)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Hon. Edward J. Davila
Referred to: Magistrate Judge Howard R. Lloyd

Defendant (2)
Robert Dekett
TERMINATED: 06/24/2013
represented by Jack D. Gordon
Law Office of Jack Gordon
95 South Market St
Suite 300
San Jose, CA 95113
408-286-1351
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
18:1001 - False Statement to Federal Agency
(4) 18 months probation, $100.00 special assessment

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18:1349 - Conspiracy to Commit Bank Fraud
(1) Dismissed on government's motion
18:1344(2) and 2 - Bank Fraud; Aiding and Abetting
(2-3) Dismissed on government's motion
18:1001 - False Statement to Federal Agency
(5) Dismissed on government's motion

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

Plaintiff
USA
represented by Hanley Chew
United States Attorney's Office
Northern District of California
150 Almaden Boulevard
Suite 900
San Jose, CA 95113
408-535-5060
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Susan Frances Knight
U.S. Attorney's Office
NDCA, San Jose
150 Almaden Blvd., Suite 900
San Jose, CA 95113
408-535-5061
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard C. Cheng
United States Attorney's Office
Northern District of California
450 Golden Gate Avenue
Box 36055
San Francisco, CA 94102
415-436-7200
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

https://ecf.cand.uscourts.gov/cgi-bin/iquery.pl