Oh, they're behind you, Roger.....running.Author Topic
RogerX415
2 Posts
Posted - 07/10/2007 : 2:54:19 PM
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I wanted to let everyone on this site know that I received a letter from the IRS stating that they intend to prosecute me for violations of 26 UCS 7201 (Tax Evasion) and 26 USC 7206(1) (subscribing to false federal income tax returns). The years in question are all years where I filed returns following the outline in CTC and the law as it is laid out in the book, statutes and regulations.
This is no joke and please don't wonder if I missed a period on one of the returns. This may be the first criminal attempt against CTC and if I go down everyone on this forum who has done similar, getting money back or not, will be next in line. I have been emailing Pete about this over the last year and and today, he has responded but I have not heard from him today. If you can, let him know to contact me and if someone has his phone number please forward that. If anybody knows who the best Lawyer is for this let me know. I retained Mark Lane of WTP for letters and phone calls earlier, but I am not sure he understands CTC.
My investigation started over a year ago and it has now come to this letter where they want to meet in 2 weeks. I do have a past history for some of the years but not all.
What I want to know from this forum is if I can count on you for support both moral and financial as I/we will need the best criminal lawyer there is to kill this case at the meeting or win at trial. If you are willing to help me then email me at: rogermenner@comcast.net and put "Support" in the subject line. If you can pledge financial support that would be great I will get back to you when I have a defense fund setup. If you can only give moral support that will be appreciated also. This is a battle for all of us and right now I am a lone warrior. Let me know that you are behind me and will help do what it takes for all of us to win.
Another Happy CtC customer
Another Happy CtC customer
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U.S. District Court
Eastern District of Virginia (Richmond)
CRIMINAL DOCKET FOR CASE #: 3:98-cr-00075-RLW-1
Case title: USA v. Menner
Date Filed: 03/05/1998
Date Terminated: 03/05/1998
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Assigned to: District Judge Richard L. Williams
Appeals court case number: 98-4602
Defendant
Roger C. Menner (1)
TERMINATED: 03/05/1998 represented by Roger C. Menner
12707 Staffordshire
Midlothian, VA 23113
(804) 794-9270
PRO SE
Robert James Wagner
Office of the Public Defender
830 East Main Street
Suite 1100
Richmond, VA 23219
(804) 343-0800
Email: robert_wagner at fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
26:7203 - WILLFUL FAILURE TO FILE FEDERAL INCOME TAX RETURN (1991 - 1995)
(1-4) impr. 12 mos. each Ct., all concur; 1 yr. each Ct., all concur; $3,000 total fine as to all Cts.; $25 each Ct., due immediately; $1,987.96 Judgment total as to all Cts. Deft remanded to custody for immediate execution.
26:7203 - WILLFUL FAILURE TO FILE FEDERAL INCOME TAX RETURN (1991 - 1995)
(5) impr. 3 mos., consecutive to Cts 1-4; 1 yr supr rel, concur to Cts 1-4; $3,000 total fine as to all Cts.; $25 S/A, due immediately; $1,987.96 total Judgment as to all Cts. Deft remanded for immediate execution of sentence.
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level (Terminated)
None
Complaints
Disposition
None
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Plaintiff
USA
TERMINATED: 03/05/1998 represented by David Thomas Maguire
Office of the U.S. Attorney
600 E Main St
Suite 1800
Richmond, VA 23219
(804) 819-5400
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jen E. Ihlo
United States Department of Justice
PO Box 227
Washington, DC 20044
(202) 307-6346
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
03/05/1998 1 INDICTMENT as to Roger C Menner (1) count(s) 1-5 (clerk) (Entered: 03/09/1998)
03/05/1998 2 Minute entry as to Roger C Menner : before Magistrate Judge David G. Lowe ( GJCR) USA appeared through: AUSA Jen E. Ihlo. Govt's motion for bench warrant GRANTED. (clerk) (Entered: 03/09/1998)
03/06/1998 BENCH WARRANT issued as to Roger C Menner (clerk) (Entered: 03/09/1998)
03/12/1998 ARREST of Roger C Menner (lcha) (Entered: 03/12/1998)
03/12/1998 3 Minute entry as to Roger C Menner : before Magistrate Judge David G. Lowe ( Tape #47) USA appeared through: Sara Flannery, AUSA. Dft(s) appeared through: Deft. w/o counsel. Court Hours: :15 Matter came on for initial appearance. Deft. advised of charges/penalties and rights. Matter continued to 3/16/98 at 9:00 a.m. for detention hearing. Deft. remanded to custody. (lcha) (Entered: 03/12/1998)
03/12/1998 Initial appearance as to Roger C Menner held ; Detention Hearing set for 9:00 3/16/98 for Roger C Menner before Magistrate Judge David G. Lowe () (Defendant informed of rights.) (lcha) (Entered: 03/12/1998)
03/12/1998 4 ORDER OF TEMPORARY DETENTION as to Roger C Menner ( Signed by Magistrate Judge David G. Lowe ) (lcha) (Entered: 03/12/1998)
03/16/1998 5 Minute entry as to Roger C Menner : before Magistrate Judge David G. Lowe ( Tape #49) USA appeared through: David Maguire, AUSA. Dft(s) appeared through: Deft. w/o counsel. Court Hours: :05 Matter came on for detention hearing. Statements made by deft. Matter continued to 3/17/98 at 10:00 a.m. for arraignment. Deft. remanded to custody. (lcha) (Entered: 03/17/1998)
03/16/1998 6 ORDER OF DETENTION as to Roger C Menner ( Signed by Magistrate Judge David G. Lowe ) (lcha) (Entered: 03/17/1998)
03/16/1998 Detention hearing as to Roger C Menner held before Magistrate Judge David G. Lowe () (lcha) (Entered: 03/17/1998)
03/24/1998 7 BENCH WARRANT Returned Executed as to Roger C Menner on 3/12/98 (clerk) (Entered: 03/24/1998)
03/26/1998 Deadline updated as to Roger C Menner, RESET Arraignment for 10:00 3/26/98 for Roger C Menner (jpea) (Entered: 03/26/1998)
03/26/1998 Deadline updated as to Roger C Menner, RESET Arraignment for 9:30 4/7/98 for Roger C Menner (jpea) (Entered: 03/26/1998)
03/26/1998 8 Minute entry as to Roger C Menner : IN OPEN COURT: before Judge Richard L. Williams ( Diane Daffron, OCR.) USA appeared through: David T. Maguire, AUSA. Dft(s) appeared through: Deft w/o counsel. Court Hours: 10 mins. Matter initially scheduled for Arraignment Proceedings; however, case contd to April 7, 1998, at 9:30 a.m. pending Deft retaining counsel or in the absence of same, having advisory court-appointed counsel available. Deft moved for reconsideration of bond. Court denied same. (jpea) (Entered: 03/27/1998)
03/26/1998 9 CJA 20 as to Roger C Menner Appointment of Attorney Robert James Wagner Voucher # 0990715 ( Signed by Judge Richard L. Williams ) (jpea) Modified on 03/27/1998 (Entered: 03/27/1998)
04/03/1998 10 MOTION by Roger C Menner for Bill of Particulars (motion was filed pro se, defendant refuses representation by an attorney) (clerk) Modified on 04/03/1998 (Entered: 04/03/1998)
04/07/1998 11 AFFIDAVIT by Roger C Menner Re: Denying Appointment of Counsel and Power of Attorney (copy sent to AUSA Maguire) (jpea) (Entered: 04/08/1998)
04/07/1998 12 Minute entry as to Roger C Menner : ARRAIGNMENT PROCEEDINGS: before Judge Richard L. Williams ( Sally Qualls, Halasz Reporting.) USA appeared through: David T. Maguire, Melissa Schraibman & Jen Ihlo, AUSAs. Dft(s) appeared through: Advisory Counsel, Robert J. Wagner, Esq. Court Hours: 20 mins. Formal arraignment. Not guilty plea entered by Court on Deft's behalf. Deft's motions to be filed in 10 working days; Govt to respond in 10 working days; Deft to file reply brief in 5 working days. Oral arguments on motions to be scheduled by counsel w/Judge's secretary. Deft moved for reconsideration of bond. Court granted same on condition that Deft meet with w/Pretrial Services, AUSAs and Advisory Counsel to provide requested information necessary for his release. Deft remanded to custody pending metting conditons of release as outlined by the Court and Jury Trial set for May 15, 1998, at 9:30 a.m. as directed by the Court. (jpea) (Entered: 04/08/1998)
04/07/1998 Arraignment as to Roger C Menner held before Judge Richard L. Williams ( Court Reporter-Same as above.) USA appeared through: Same as above. Dft(s) appeared through: Same as above. (jpea) (Entered: 04/08/1998)
04/07/1998 Jury trial proceedings as to Roger C Menner set at 9:30 5/15/98 for Roger C Menner (jpea) (Entered: 04/08/1998)
04/07/1998 13 ORDER GRANTING standby counsel's motion for Deft's release pending trial. Deft is granted bond subject to the conditions as outlined in this Order as to Roger C Menner ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (jpea) (Entered: 04/08/1998)
04/08/1998 14 TRANSCRIPT filed in case as to Roger C Menner for dates of 3/26/98 (clerk) (Entered: 04/09/1998)
04/13/1998 15 RESPONSE by USA as to Roger C Menner re [10-1] motion by Roger C Menner for Bill of Particulars (clerk) (Entered: 04/14/1998)
04/14/1998 16 AFFIDAVIT by Roger C Menner Re: denying appointment of counsel & power of attorney (clerk) Modified on 04/15/1998 (Entered: 04/15/1998)
04/14/1998 17 AFFIDAVIT by Roger C Menner Re: denying entry of plea (clerk) (Entered: 04/15/1998)
04/16/1998 18 TRANSCRIPT filed in case as to Roger C Menner for dates of April 7, 1998 (clerk) (Entered: 04/16/1998)
04/17/1998 19 SEALED DOCUMENT as to Roger C Menner filed In Camera (clerk) (Entered: 04/17/1998)
04/17/1998 20 RESPONSE by Roger C Menner to [15-1] Government's reponse to defendant's motion for Bill of Particulars. (clerk) (Entered: 04/17/1998)
04/21/1998 21 ORDER as to Roger C Menner granting [19-1] SEALED In Camera document(s) as to Roger C Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 04/21/1998)
05/01/1998 22 RESPONSE by USA Re: [17-1] affidavit, [16-1] affidavit (clerk) (Entered: 05/01/1998)
05/06/1998 23 MOTION by USA to Produce Subpoenaed Documents Prior to Trial (clerk) (Entered: 05/06/1998)
05/07/1998 24 ORDER as to Roger C Menner granting [23-1] motion by USA to Produce Subpoenaed Documents Prior to Trial as to Roger C Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 05/07/1998)
05/08/1998 25 RESPONSE by Roger C Menner Re: [22-1] miscellaneous response by USA (clerk) (Entered: 05/08/1998)
05/08/1998 26 ORDER as to Roger C Menner denying [10-1] motion by Roger C Menner for Bill of Particulars as to Roger C Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (lcha) (Entered: 05/08/1998)
05/11/1998 27 ORDER as to Roger C Menner directing standby counsel, Mr. Robert Wagner, Esquire, to advise defendant that the documents and other information which have been mailed to the defendant are integral to the construction of his legal defense. Counsel is also directed to counsel the defendant as to the contents of the material, and ensure that they are employed in any way possible ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 05/12/1998)
05/12/1998 28 Proposed Jury Instructions by USA as to Roger C Menner (clerk) (Entered: 05/12/1998)
05/12/1998 29 Voir Dire Questions by USA as to Roger C Menner (clerk) (Entered: 05/12/1998)
05/12/1998 30 NOTICE of Government's intent to use summary / expert witness and to introduce Rule 404(b) Evidence as to Roger C Menner. (clerk) (Entered: 05/12/1998)
05/12/1998 31 MOTION by USA in Limine (clerk) (Entered: 05/12/1998)
05/12/1998 32 MOTION for Reconsideration of [26] Order by Roger C Menner (clerk) (Entered: 05/12/1998)
05/13/1998 33 ORDER as to Roger C Menner denying [32-1] motion by Roger C Menner as to Roger C Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 05/13/1998)
05/14/1998 34 NOTICE OF INTERLOCUTORY APPEAL by Roger C Menner re [33-1] ORDER. Filing Fee $ 105.00 paid; Receipt #30046750; TPO package given to defendant (clerk) Modified on 05/14/1998 (Entered: 05/14/1998)
05/14/1998 Copy of Motion for stay pending appeal filed with the Fourth Circuit received by Roger C Menner, as to Roger C Menner. (clerk) (Entered: 05/14/1998)
05/15/1998 35 Exhibit list by USA as to Roger C Menner (jpea) Modified on 05/18/1998 (Entered: 05/18/1998)
05/15/1998 36 Witness list by USA as to Roger C Menner (jpea) (Entered: 05/18/1998)
05/15/1998 37 AMENDED NOTICE OF INTENT to Use Summary/Expert Witness and to Introduce Rule 404(b) Evidence by USA as to Roger C Menner (jpea) (Entered: 05/18/1998)
05/15/1998 38 ORDER that the Deft's Demand for a Bill of Particulars is frivolous; Court notifying the Deft that this Order is not an appealable Order; Accordingly, the trial for Deft Roger C. Menner will proceed as scheduled on 5/15/98 at 9:30 a.m. as to Roger C Menner ( Signed by Judge Richard L. Williams ) (jpea) (Entered: 05/18/1998)
05/15/1998 39 Minute entry as to Roger C Menner : JURY TRIAL PROCEEDINGS: before Judge Richard L. Williams ( Lori Krenik, Halasz Reporting.) USA appeared through: Jen E. Ihlo & Melissa Schraibmann, AUSAs. Dft(s) appeared through: Deft w/o counsel. Court Hours: 5 hrs., 25 mins. (9:00 a.m.) Preliminary matters heard and resolved by the Court. (9:30 a.m.) Matter came on for Jury Trial Proceedings. Deft proceeding w/o counsel. AUSAs Jen E. Ihlo and Melissa Schraibmann. Jury. Jury sworn and examined on voir dire. Jury empaneled and sworn to try issue. Witnesses excluded on motion of Govt. Opening statements had by Govt. Opening statements waived by Deft. Govt adduced evidence. Rested. Deft adduced no evidence. Rested. Evidence concluded. Arguments heard by Govt. No arguments had by Deft. Jury charged by the Court. Alternate Jurors discharged. Jury retired at 3:45 p.m. Jury returned verdict at 4:15 p.m. of Deft guilty as charged in Cts 1-5 of the Indictment. Jury discharged. P.S.I. Ordered. Deft contd on present bond and case contd to August 6, 1998, at 4:00 p.m. for Sentencing. (jpea) Modified on 05/18/1998 (Entered: 05/18/1998)
05/15/1998 Sentencing set for 4:00 8/6/98 for Roger C Menner Roger C Menner (1) count(s) 1-5 (jpea) (Entered: 05/18/1998)
05/15/1998 40 JURY VERDICT as to Roger C Menner Guilty: Roger C Menner (1) count(s) 1-5 (jpea) (Entered: 05/18/1998)
05/15/1998 Voir dire begun as to Roger C Menner (1) count(s) 1-5 Terminated motions: [31-1] motion by USA in Limine as to Roger C Menner (1) (jpea) (Entered: 05/18/1998)
05/18/1998 USCA Case Number as to Roger C Menner Re: [34-1] appeal USCA Number: 98-4370; Case Manager: Amy Church. (jpea) (Entered: 05/18/1998)
05/19/1998 Order received from the Fourth Circuit denying the defendant's motion for stay, and dismisses the appeal for lack of jurisdiction as to Roger C. Menner (clerk) (Entered: 05/19/1998)
05/22/1998 41 MOTION by Roger C. Menner in Arrest of Judgment and dismiss indictment for cause. (clerk) Modified on 05/26/1998 (Entered: 05/26/1998)
05/27/1998 42 TRANSCRIPT filed in case as to Roger C. Menner for dates of March 12, 1998 (clerk) (Entered: 05/27/1998)
05/27/1998 43 TRANSCRIPT filed in case as to Roger C. Menner for dates of March 16, 1998 (clerk) (Entered: 05/27/1998)
05/27/1998 44 TRANSCRIPT filed in case as to Roger C. Menner for dates of March 16, 1998 (clerk) (Entered: 05/27/1998)
06/04/1998 45 RESPONSE by USA as to Roger C. Menner in opposition to [41-1] motion by Roger C. Menner in Arrest of Judgment and dismiss indictment for cause. (clerk) (Entered: 06/05/1998)
06/11/1998 46 ORDER as to Roger C. Menner denying [41-1] motion by Roger C. Menner in Arrest of Judgment and dismiss indictment for cause. as to Roger C. Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 06/11/1998)
07/07/1998 47 ORDER received from the Fourth Circuit Court Of Appeals denying the Appellant's motion for stay, and dismissing the Appeal for lack of jurisdiction as to Roger C. Menner (clerk) (Entered: 07/08/1998)
07/29/1998 48 EX PARTE COMPLAINT FOR FRAUD by Roger C. Menner (walk) (Entered: 07/29/1998)
08/03/1998 49 MOTION by Roger C. Menner to Review Errors in Preparation of Sentencing Guidelines and to Delay Sentencing Pending Study of the New Laws (walk) (Entered: 08/04/1998)
08/05/1998 50 RESPONSE by USA [49-1] to motion by Roger C. Menner to Review Errors in Preparation of Sentencing Guidelines and to Delay Sentencing Pending Study of the New Laws (walk) (Entered: 08/05/1998)
08/05/1998 51 EX PARTE MOTION by Roger C. Menner for Discovery of the Character of the Court (walk) (Entered: 08/06/1998)
08/06/1998 52 RESPONSE by Roger C. Menner in opposition to [50-1] Government's Response to Accused's motion to Review Errors in Preparation of Sentencing Guidelines and to Delay Sentencing Pending Study of the New Laws (walk) (Entered: 08/06/1998)
08/06/1998 53 Minute entry as to Roger C. Menner : SENTENCING PROCEEDINGS: before Judge Richard L. Williams ( Gil Halasz, OCR.) USA appeared through: Ihlo & Schraibmann, AUSAs. Dft(s) appeared through: Deft w/o Atty; Atty Wagner standby counsel. Court Hours: 35 mins. Matter came on for sentencing on Cts 1-5 of the Indictment. Deft's pending motions heard. All motions denied by the Court. Objections to PSR by Deft, heard and resolved by the Court. Recess had. After recess, Atty Wagner moved for a continuance of Sentencing Proceedings. Statements made by Govt, Atty Wagner and Deft. Sentence Imposed: Cts 1-4 - impr. 12 mos each Ct., all concur; 1 yr supr rel each Ct., all concur; $3,000 total fine (as t all Cts); $25 S/A each Ct, due immed. Ct 5 - impr. 3 mos, consecutive to Cts 1-4; 1 yr supr rel, concur; $25 S/A, due immed. JUDGMENT: in favor of Govt, against Deft for $1,987.96. Deft to possess no firearms; S/C/S/R: no new credit charges; provide any requested financial information; file past due income tax returns as required; mandatory substance abuse testing waived, etc.; must file timely Fed. Income Tax forms as required by IRS no later than 4/15/2000 for tax year 1999; must file any State Income Tax forms required by 5/1/2000. Deft advised of right of appeal in 10 days of today. Deft remanded to custody for immediate execution of sentence. (jpea) (Entered: 08/07/1998)
08/06/1998 Sentencing held before Judge Richard L. Williams ( Gil Halasz, OCR.) USA appeared through: Same as above. Dft(s) appeared through: Same as above. Roger C. Menner (1) count(s) 1-5 (jpea) (Entered: 08/07/1998)
08/06/1998 55 JUDGMENT Roger C. Menner (1) count(s) 1-4: impr. 12 mos. each Ct., all concur; 1 yr. each Ct., all concur; $3,000 total fine as to all Cts.; $25 each Ct., due immediately; $1,987.96 Judgment total as to all Cts. Deft remanded to custody for immediate execution. Roger C. Menner (1) count(s) 5: impr. 3 mos., consecutive to Cts 1-4; 1 yr supr rel, concur to Cts 1-4; $3,000 total fine as to all Cts.; $25 S/A, due immediately; $1,987.96 total Judgment as to all Cts. Deft remanded for immediate execution of sentence. ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (jpea) (Entered: 08/11/1998)
08/06/1998 56 Verification of Costs by USA as to Roger C. Menner (jpea) (Entered: 08/11/1998)
08/06/1998 57 NOTICE OF APPEAL by Roger C. Menner (1) count(s) 1-4, 5. TPO packages sent to Atty Wagner and to Deft Menner. (jpea) (Entered: 08/11/1998)
08/06/1998 58 MOTION FOR CONTINUANCE OF PERSONAL RECOGNIZANCE by Roger C. Menner (jpea) (Entered: 08/11/1998)
08/10/1998 54 ORDER denying motion by Roger C. Menner for Discovery of the Character of the Court, denying Ex Parte motion by Roger C. Menner to Review Errors in Preparation of Sentencing Guidelines and to Delay Sentencing Pending Study of the New Laws, denying Ex Parte motion by Roger C. Menner for Discovery of the Character of the Court, and denying Ex Parte Complaint of Fraud by Roger C. Menner ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (walk) (Entered: 08/10/1998)
08/21/1998 USCA Case Number as to Roger C. Menner Re: [57-1] appeal USCA Number: 98-4602; Case Manager: Sue Nagle (walk) (Entered: 08/21/1998)
01/22/1999 59 Certified copy of USCA ORDER as to Roger C. Menner DISMISSING the appeal for failure to prosecute pursuant to Local Rule 45 (walk) (Entered: 01/24/1999)
04/06/1999 60 ORDER as to Roger C. Menner DIRECTING the Clerk to file Petitioner's Motion to Vacate, Set Aside, or Correct his Sentence under 28 U.S.C. 2255. The Clerk shall serve a copy of the motion and this Order on the U.S. Attorney who shall file a complete, fully briefed response within 60 days of service. Any reply by Petitioner shall be filed 30 days thereafter. ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (walk) (Entered: 04/06/1999)
04/06/1999 61 MOTION by Roger C. Menner to Vacate, Set Aside, or Correct his Sentence under 28 U.S.C. 2255 (walk) (Entered: 04/06/1999)
04/06/1999 62 MEMORANDUM and Brief by Roger C. Menner in support of [61-1] motion by Roger C. Menner to Vacate, Set Aside, or Correct his Sentence under 28 U.S.C. 2255 (walk) (Entered: 04/06/1999)
04/06/1999 2255 Flag (walk) (Entered: 04/06/1999)
04/06/1999 63 MOTION by Roger C. Menner for Release Pending Final Resolution of a Motion in the Nature of 28 U.S.C. 2255 (walk) (Entered: 04/06/1999)
04/27/1999 64 MOTION by Roger C. Menner to Expedite Determination of Motion for Release: In the Nature of F.R.C.P. Rule 78 (sbar) (Entered: 04/29/1999)
05/06/1999 65 EX PARTE MOTION by Roger C. Menner for Discovery of the Character of a United States District Court (walk) (Entered: 05/06/1999)
05/10/1999 69 TRANSCRIPT filed as to Roger C. Menner for dates of 08/06/98 (Sentencing Proceedings); Re: [57-1] appeal; Volume One, Pages 1-23. (walk) (Entered: 05/12/1999)
05/10/1999 70 EX PARTE MOTION in the Nature of F.R.C.P. Rules 9(b) and 12(b)(1) and (7) by Roger C. Menner . No copy of this motion has been forwarded to Counsel for Respondent. (walk) (Entered: 05/12/1999)
05/12/1999 66 MEMORANDUM ORDER as to Roger C. Menner DIRECTING the Clerk to file Petitioner's "Second 28 U.S.C. 2255" Motion and Memorandum in Support Thereof; Counsel for Respondent shall file a complete, fully briefed response within 60 days of the date of service. Any reply by the Petitioner shall be filed within 30 days thereafter. The Court Orders that the "Second 28 U.S.C. 2255" Motion and Memorandum in Support Thereof, received on April 6th, supplant totally the first motion and memorandum. The first motion and memorandum in support thereof shall receive no further consideration by the Court. Petitioner's Motion to Expedite Determination of Motion for Release is GRANTED. Petitioner's Motion for Release Pending Final Resolution of a Motion in the Nature of 28 U.S.C. 2255 is DENIED. ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (walk) (Entered: 05/12/1999)
05/12/1999 67 "Second" MOTION by Roger C. Menner pursuant to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999) (walk) (Entered: 05/12/1999)
05/12/1999 68 "Second" MEMORANDUM by Roger C. Menner in support of [67-1] motion by Roger C. Menner pursuant to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999) (walk) (Entered: 05/12/1999)
06/07/1999 71 EX PARTE MOTION for Emergency Relief to Correct an Illegal Sentence and Petition for Waiver of Fines by Roger C. Menner (walk) (Entered: 06/14/1999)
06/21/1999 72 ORDER as to Roger C. Menner DENYING [65-1] Ex Parte Motion by Roger C. Menner for Discovery of the Character of a United States District Court, DENYING [71-1] Ex Parte Motion by Roger C. Menner for Emergency Relief to Correct an Illegal Sentence and Petition for Waiver of Fines WITH PREJUDICE; and DENYING [70-1] Ex Parte Motion in the nature of F.R.C.P. Rules 9(b) and 12(b)(1) and (7) WITH PREJUDICE. ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (walk) (Entered: 06/21/1999)
07/06/1999 73 EMERGENCY EX PARTE MOTION by Roger C. Menner For Reconsideration of Ex Parte Motion for Emergency Relief to Correct and Illegal Sentence and Petition for Waiver of Fines (walk) (Entered: 07/06/1999)
07/08/1999 74 RESPONSE by USA as to Roger C. Menner in opposition to [67-1] motion by Roger C. Menner pursuant to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999) (clerk) (Entered: 07/09/1999)
07/14/1999 75 ORDER denying [73-1] Ex Parte motion by Roger C. Menner for reconsideration of the court's decision of June 21, 1999 (x Signed by Judge Richard L. Williams ) (sbar) (Entered: 07/14/1999)
08/06/1999 76 REPLY ("Response") by Roger C. Menner to Response by USA in Opposition to [67-1] motion by Roger C. Menner pursuant ("in the nature") to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999) (walk) (Entered: 08/06/1999)
05/19/2000 77 ORDER as to Roger C. Menner (1) DENYING [67-1] motion by Roger C. Menner pursuant to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999). Petitioner advised of right of appeal. ( Signed by Judge Richard L. Williams ) Copies Mailed: YES (walk) (Entered: 05/19/2000)
05/19/2000 78 MEMORANDUM OPINION as to Roger C. Menner (1) DISMISSING the Petitioner's 28:2255 motion ( Signed by Judge Richard L. Williams ) (walk) (Entered: 05/19/2000)
05/19/2000 ******Remove 2255 Flag from case****** (walk) (Entered: 10/30/2002)
06/27/2000 79 PETITION AND ORDER on Probation/Supervised Release as to Roger C. Menner ORDERED that warrant issued directing offender appear before the Court to show cause why supervision should not be revoked (signed by Judge Richard L. Williams) (lsal) (Entered: 06/28/2000)
07/17/2000 ARREST of Roger C. Menner (lcha) (Entered: 07/17/2000)
07/17/2000 80 Minute entry as to Roger C. Menner : before Magistrate Judge David G. Lowe ( Tape #131) USA appeared through: David Maguire, AUSA. Dft(s) appeared through: Deft. w/o counsel. Court Hours: :10 Matter came on for initial appearance. Deft. advised of charges/penalties and rights. Deft. requested C/A counsel, executed affidavit, GRANTED. Matter continued to 7/25/00 at 9:30 a.m. for probation violation hearing. Deft. released on PR bond. (lcha) (Entered: 07/17/2000)
07/17/2000 81 CJA 23 FINANCIAL AFFIDAVIT by Roger C. Menner (lcha) (Entered: 07/17/2000)
07/17/2000 82 ORDER Setting Conditions of Release as to Roger C. Menner ( Signed by Magistrate Judge David G. Lowe ) (lcha) (Entered: 07/17/2000)
07/17/2000 Probation Violation Hearing as to Roger C. Menner set 9:30 7/25/00 for Roger C. Menner (lcha) (Entered: 07/17/2000)
07/18/2000 83 CJA 20 as to Roger C. Menner Appointment of Attorney Robert James Wagner () (lcha) (Entered: 07/18/2000)
07/18/2000 Probation Violation Hearing as to Roger C. Menner set 9:30 7/28/00 for Roger C. Menner (UPDATED FROM 7/25/00 @ 9:30 a.m.) (jpea) Modified on 07/18/2000 (Entered: 07/18/2000)
07/28/2000 84 (PRO SE) MOTION by Roger C. Menner for a New Trial (walk) (Entered: 07/28/2000)
07/28/2000 85 (Pro Se) MEMORANDUM by Roger C. Menner in SUPORT of [84-1] (Pro Se) motion by Roger C. Menner for a New Trial (walk) (Entered: 07/28/2000)
07/28/2000 86 Minute entry as to Roger C. Menner : SUPERVISED RELEASE VIOLATION HEARING: before Judge Richard L. Williams ( Gil Halasz, OCR.) USA appeared through: Melissa Schraibman, AUSA. Dft(s) appeared through: Robert J. Wagner, Esq. Court Hours: 1 hr. Matter came on for violation hearing. Deft entered plea of not guilty. Evidence adduced. Govt adduced evidence. Deft adduced evidence. Arguments had by Govt and Deft. JUDGMENT: Deft guilty as charged in the petition. Supervised Release REVOKED. Statements had by Govt and Deft counsel. Sentence Imposed: impr. 3 mons. Order to enter. Deft remanded to custody for immediate execution of sentence. (jpea) (Entered: 07/28/2000)
07/28/2000 87 ORDER that the Court finds the Deft GUILTY of violating terms and conditions of his supr. rel.; for the reasons stated from the bench, Court REVOKES Deft's supr. rel. and SENTENCES the Deft to 3 mons incarceration. Deft remanded for immediate execution of sentence; and, FURTHER DENYING Deft's Motion for a New Trial as to Roger C. Menner ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (jpea) (Entered: 07/28/2000)
08/01/2000 88 ARREST WARRANT Returned Executed as to Roger C. Menner on 7/17/00 (walk) (Entered: 08/01/2000)
09/20/2000 89 ORDER of 09/20/2000 returned by the USMS in the case of Roger C. Menner (walk) (Entered: 09/20/2000)
10/05/2005 90 TRANSCRIPT of Proceedings as to Roger C. Menner held on July 28, 2000 before Judge Richard L. Williams. Court Reporter: Gilbert Halasz. (One Volume, 52 pages placed in brown expandable) (jtho, ) (Entered: 10/06/2005)
Eastern District of Virginia (Richmond)
CRIMINAL DOCKET FOR CASE #: 3:98-cr-00075-RLW-1
Case title: USA v. Menner
Date Filed: 03/05/1998
Date Terminated: 03/05/1998
--------------------------------------------------------------------------------
Assigned to: District Judge Richard L. Williams
Appeals court case number: 98-4602
Defendant
Roger C. Menner (1)
TERMINATED: 03/05/1998 represented by Roger C. Menner
12707 Staffordshire
Midlothian, VA 23113
(804) 794-9270
PRO SE
Robert James Wagner
Office of the Public Defender
830 East Main Street
Suite 1100
Richmond, VA 23219
(804) 343-0800
Email: robert_wagner at fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts
Disposition
26:7203 - WILLFUL FAILURE TO FILE FEDERAL INCOME TAX RETURN (1991 - 1995)
(1-4) impr. 12 mos. each Ct., all concur; 1 yr. each Ct., all concur; $3,000 total fine as to all Cts.; $25 each Ct., due immediately; $1,987.96 Judgment total as to all Cts. Deft remanded to custody for immediate execution.
26:7203 - WILLFUL FAILURE TO FILE FEDERAL INCOME TAX RETURN (1991 - 1995)
(5) impr. 3 mos., consecutive to Cts 1-4; 1 yr supr rel, concur to Cts 1-4; $3,000 total fine as to all Cts.; $25 S/A, due immediately; $1,987.96 total Judgment as to all Cts. Deft remanded for immediate execution of sentence.
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level (Terminated)
None
Complaints
Disposition
None
--------------------------------------------------------------------------------
Plaintiff
USA
TERMINATED: 03/05/1998 represented by David Thomas Maguire
Office of the U.S. Attorney
600 E Main St
Suite 1800
Richmond, VA 23219
(804) 819-5400
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jen E. Ihlo
United States Department of Justice
PO Box 227
Washington, DC 20044
(202) 307-6346
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
03/05/1998 1 INDICTMENT as to Roger C Menner (1) count(s) 1-5 (clerk) (Entered: 03/09/1998)
03/05/1998 2 Minute entry as to Roger C Menner : before Magistrate Judge David G. Lowe ( GJCR) USA appeared through: AUSA Jen E. Ihlo. Govt's motion for bench warrant GRANTED. (clerk) (Entered: 03/09/1998)
03/06/1998 BENCH WARRANT issued as to Roger C Menner (clerk) (Entered: 03/09/1998)
03/12/1998 ARREST of Roger C Menner (lcha) (Entered: 03/12/1998)
03/12/1998 3 Minute entry as to Roger C Menner : before Magistrate Judge David G. Lowe ( Tape #47) USA appeared through: Sara Flannery, AUSA. Dft(s) appeared through: Deft. w/o counsel. Court Hours: :15 Matter came on for initial appearance. Deft. advised of charges/penalties and rights. Matter continued to 3/16/98 at 9:00 a.m. for detention hearing. Deft. remanded to custody. (lcha) (Entered: 03/12/1998)
03/12/1998 Initial appearance as to Roger C Menner held ; Detention Hearing set for 9:00 3/16/98 for Roger C Menner before Magistrate Judge David G. Lowe () (Defendant informed of rights.) (lcha) (Entered: 03/12/1998)
03/12/1998 4 ORDER OF TEMPORARY DETENTION as to Roger C Menner ( Signed by Magistrate Judge David G. Lowe ) (lcha) (Entered: 03/12/1998)
03/16/1998 5 Minute entry as to Roger C Menner : before Magistrate Judge David G. Lowe ( Tape #49) USA appeared through: David Maguire, AUSA. Dft(s) appeared through: Deft. w/o counsel. Court Hours: :05 Matter came on for detention hearing. Statements made by deft. Matter continued to 3/17/98 at 10:00 a.m. for arraignment. Deft. remanded to custody. (lcha) (Entered: 03/17/1998)
03/16/1998 6 ORDER OF DETENTION as to Roger C Menner ( Signed by Magistrate Judge David G. Lowe ) (lcha) (Entered: 03/17/1998)
03/16/1998 Detention hearing as to Roger C Menner held before Magistrate Judge David G. Lowe () (lcha) (Entered: 03/17/1998)
03/24/1998 7 BENCH WARRANT Returned Executed as to Roger C Menner on 3/12/98 (clerk) (Entered: 03/24/1998)
03/26/1998 Deadline updated as to Roger C Menner, RESET Arraignment for 10:00 3/26/98 for Roger C Menner (jpea) (Entered: 03/26/1998)
03/26/1998 Deadline updated as to Roger C Menner, RESET Arraignment for 9:30 4/7/98 for Roger C Menner (jpea) (Entered: 03/26/1998)
03/26/1998 8 Minute entry as to Roger C Menner : IN OPEN COURT: before Judge Richard L. Williams ( Diane Daffron, OCR.) USA appeared through: David T. Maguire, AUSA. Dft(s) appeared through: Deft w/o counsel. Court Hours: 10 mins. Matter initially scheduled for Arraignment Proceedings; however, case contd to April 7, 1998, at 9:30 a.m. pending Deft retaining counsel or in the absence of same, having advisory court-appointed counsel available. Deft moved for reconsideration of bond. Court denied same. (jpea) (Entered: 03/27/1998)
03/26/1998 9 CJA 20 as to Roger C Menner Appointment of Attorney Robert James Wagner Voucher # 0990715 ( Signed by Judge Richard L. Williams ) (jpea) Modified on 03/27/1998 (Entered: 03/27/1998)
04/03/1998 10 MOTION by Roger C Menner for Bill of Particulars (motion was filed pro se, defendant refuses representation by an attorney) (clerk) Modified on 04/03/1998 (Entered: 04/03/1998)
04/07/1998 11 AFFIDAVIT by Roger C Menner Re: Denying Appointment of Counsel and Power of Attorney (copy sent to AUSA Maguire) (jpea) (Entered: 04/08/1998)
04/07/1998 12 Minute entry as to Roger C Menner : ARRAIGNMENT PROCEEDINGS: before Judge Richard L. Williams ( Sally Qualls, Halasz Reporting.) USA appeared through: David T. Maguire, Melissa Schraibman & Jen Ihlo, AUSAs. Dft(s) appeared through: Advisory Counsel, Robert J. Wagner, Esq. Court Hours: 20 mins. Formal arraignment. Not guilty plea entered by Court on Deft's behalf. Deft's motions to be filed in 10 working days; Govt to respond in 10 working days; Deft to file reply brief in 5 working days. Oral arguments on motions to be scheduled by counsel w/Judge's secretary. Deft moved for reconsideration of bond. Court granted same on condition that Deft meet with w/Pretrial Services, AUSAs and Advisory Counsel to provide requested information necessary for his release. Deft remanded to custody pending metting conditons of release as outlined by the Court and Jury Trial set for May 15, 1998, at 9:30 a.m. as directed by the Court. (jpea) (Entered: 04/08/1998)
04/07/1998 Arraignment as to Roger C Menner held before Judge Richard L. Williams ( Court Reporter-Same as above.) USA appeared through: Same as above. Dft(s) appeared through: Same as above. (jpea) (Entered: 04/08/1998)
04/07/1998 Jury trial proceedings as to Roger C Menner set at 9:30 5/15/98 for Roger C Menner (jpea) (Entered: 04/08/1998)
04/07/1998 13 ORDER GRANTING standby counsel's motion for Deft's release pending trial. Deft is granted bond subject to the conditions as outlined in this Order as to Roger C Menner ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (jpea) (Entered: 04/08/1998)
04/08/1998 14 TRANSCRIPT filed in case as to Roger C Menner for dates of 3/26/98 (clerk) (Entered: 04/09/1998)
04/13/1998 15 RESPONSE by USA as to Roger C Menner re [10-1] motion by Roger C Menner for Bill of Particulars (clerk) (Entered: 04/14/1998)
04/14/1998 16 AFFIDAVIT by Roger C Menner Re: denying appointment of counsel & power of attorney (clerk) Modified on 04/15/1998 (Entered: 04/15/1998)
04/14/1998 17 AFFIDAVIT by Roger C Menner Re: denying entry of plea (clerk) (Entered: 04/15/1998)
04/16/1998 18 TRANSCRIPT filed in case as to Roger C Menner for dates of April 7, 1998 (clerk) (Entered: 04/16/1998)
04/17/1998 19 SEALED DOCUMENT as to Roger C Menner filed In Camera (clerk) (Entered: 04/17/1998)
04/17/1998 20 RESPONSE by Roger C Menner to [15-1] Government's reponse to defendant's motion for Bill of Particulars. (clerk) (Entered: 04/17/1998)
04/21/1998 21 ORDER as to Roger C Menner granting [19-1] SEALED In Camera document(s) as to Roger C Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 04/21/1998)
05/01/1998 22 RESPONSE by USA Re: [17-1] affidavit, [16-1] affidavit (clerk) (Entered: 05/01/1998)
05/06/1998 23 MOTION by USA to Produce Subpoenaed Documents Prior to Trial (clerk) (Entered: 05/06/1998)
05/07/1998 24 ORDER as to Roger C Menner granting [23-1] motion by USA to Produce Subpoenaed Documents Prior to Trial as to Roger C Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 05/07/1998)
05/08/1998 25 RESPONSE by Roger C Menner Re: [22-1] miscellaneous response by USA (clerk) (Entered: 05/08/1998)
05/08/1998 26 ORDER as to Roger C Menner denying [10-1] motion by Roger C Menner for Bill of Particulars as to Roger C Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (lcha) (Entered: 05/08/1998)
05/11/1998 27 ORDER as to Roger C Menner directing standby counsel, Mr. Robert Wagner, Esquire, to advise defendant that the documents and other information which have been mailed to the defendant are integral to the construction of his legal defense. Counsel is also directed to counsel the defendant as to the contents of the material, and ensure that they are employed in any way possible ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 05/12/1998)
05/12/1998 28 Proposed Jury Instructions by USA as to Roger C Menner (clerk) (Entered: 05/12/1998)
05/12/1998 29 Voir Dire Questions by USA as to Roger C Menner (clerk) (Entered: 05/12/1998)
05/12/1998 30 NOTICE of Government's intent to use summary / expert witness and to introduce Rule 404(b) Evidence as to Roger C Menner. (clerk) (Entered: 05/12/1998)
05/12/1998 31 MOTION by USA in Limine (clerk) (Entered: 05/12/1998)
05/12/1998 32 MOTION for Reconsideration of [26] Order by Roger C Menner (clerk) (Entered: 05/12/1998)
05/13/1998 33 ORDER as to Roger C Menner denying [32-1] motion by Roger C Menner as to Roger C Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 05/13/1998)
05/14/1998 34 NOTICE OF INTERLOCUTORY APPEAL by Roger C Menner re [33-1] ORDER. Filing Fee $ 105.00 paid; Receipt #30046750; TPO package given to defendant (clerk) Modified on 05/14/1998 (Entered: 05/14/1998)
05/14/1998 Copy of Motion for stay pending appeal filed with the Fourth Circuit received by Roger C Menner, as to Roger C Menner. (clerk) (Entered: 05/14/1998)
05/15/1998 35 Exhibit list by USA as to Roger C Menner (jpea) Modified on 05/18/1998 (Entered: 05/18/1998)
05/15/1998 36 Witness list by USA as to Roger C Menner (jpea) (Entered: 05/18/1998)
05/15/1998 37 AMENDED NOTICE OF INTENT to Use Summary/Expert Witness and to Introduce Rule 404(b) Evidence by USA as to Roger C Menner (jpea) (Entered: 05/18/1998)
05/15/1998 38 ORDER that the Deft's Demand for a Bill of Particulars is frivolous; Court notifying the Deft that this Order is not an appealable Order; Accordingly, the trial for Deft Roger C. Menner will proceed as scheduled on 5/15/98 at 9:30 a.m. as to Roger C Menner ( Signed by Judge Richard L. Williams ) (jpea) (Entered: 05/18/1998)
05/15/1998 39 Minute entry as to Roger C Menner : JURY TRIAL PROCEEDINGS: before Judge Richard L. Williams ( Lori Krenik, Halasz Reporting.) USA appeared through: Jen E. Ihlo & Melissa Schraibmann, AUSAs. Dft(s) appeared through: Deft w/o counsel. Court Hours: 5 hrs., 25 mins. (9:00 a.m.) Preliminary matters heard and resolved by the Court. (9:30 a.m.) Matter came on for Jury Trial Proceedings. Deft proceeding w/o counsel. AUSAs Jen E. Ihlo and Melissa Schraibmann. Jury. Jury sworn and examined on voir dire. Jury empaneled and sworn to try issue. Witnesses excluded on motion of Govt. Opening statements had by Govt. Opening statements waived by Deft. Govt adduced evidence. Rested. Deft adduced no evidence. Rested. Evidence concluded. Arguments heard by Govt. No arguments had by Deft. Jury charged by the Court. Alternate Jurors discharged. Jury retired at 3:45 p.m. Jury returned verdict at 4:15 p.m. of Deft guilty as charged in Cts 1-5 of the Indictment. Jury discharged. P.S.I. Ordered. Deft contd on present bond and case contd to August 6, 1998, at 4:00 p.m. for Sentencing. (jpea) Modified on 05/18/1998 (Entered: 05/18/1998)
05/15/1998 Sentencing set for 4:00 8/6/98 for Roger C Menner Roger C Menner (1) count(s) 1-5 (jpea) (Entered: 05/18/1998)
05/15/1998 40 JURY VERDICT as to Roger C Menner Guilty: Roger C Menner (1) count(s) 1-5 (jpea) (Entered: 05/18/1998)
05/15/1998 Voir dire begun as to Roger C Menner (1) count(s) 1-5 Terminated motions: [31-1] motion by USA in Limine as to Roger C Menner (1) (jpea) (Entered: 05/18/1998)
05/18/1998 USCA Case Number as to Roger C Menner Re: [34-1] appeal USCA Number: 98-4370; Case Manager: Amy Church. (jpea) (Entered: 05/18/1998)
05/19/1998 Order received from the Fourth Circuit denying the defendant's motion for stay, and dismisses the appeal for lack of jurisdiction as to Roger C. Menner (clerk) (Entered: 05/19/1998)
05/22/1998 41 MOTION by Roger C. Menner in Arrest of Judgment and dismiss indictment for cause. (clerk) Modified on 05/26/1998 (Entered: 05/26/1998)
05/27/1998 42 TRANSCRIPT filed in case as to Roger C. Menner for dates of March 12, 1998 (clerk) (Entered: 05/27/1998)
05/27/1998 43 TRANSCRIPT filed in case as to Roger C. Menner for dates of March 16, 1998 (clerk) (Entered: 05/27/1998)
05/27/1998 44 TRANSCRIPT filed in case as to Roger C. Menner for dates of March 16, 1998 (clerk) (Entered: 05/27/1998)
06/04/1998 45 RESPONSE by USA as to Roger C. Menner in opposition to [41-1] motion by Roger C. Menner in Arrest of Judgment and dismiss indictment for cause. (clerk) (Entered: 06/05/1998)
06/11/1998 46 ORDER as to Roger C. Menner denying [41-1] motion by Roger C. Menner in Arrest of Judgment and dismiss indictment for cause. as to Roger C. Menner (1) ( Signed by Judge Richard L. Williams ) Copies Mailed: y (clerk) (Entered: 06/11/1998)
07/07/1998 47 ORDER received from the Fourth Circuit Court Of Appeals denying the Appellant's motion for stay, and dismissing the Appeal for lack of jurisdiction as to Roger C. Menner (clerk) (Entered: 07/08/1998)
07/29/1998 48 EX PARTE COMPLAINT FOR FRAUD by Roger C. Menner (walk) (Entered: 07/29/1998)
08/03/1998 49 MOTION by Roger C. Menner to Review Errors in Preparation of Sentencing Guidelines and to Delay Sentencing Pending Study of the New Laws (walk) (Entered: 08/04/1998)
08/05/1998 50 RESPONSE by USA [49-1] to motion by Roger C. Menner to Review Errors in Preparation of Sentencing Guidelines and to Delay Sentencing Pending Study of the New Laws (walk) (Entered: 08/05/1998)
08/05/1998 51 EX PARTE MOTION by Roger C. Menner for Discovery of the Character of the Court (walk) (Entered: 08/06/1998)
08/06/1998 52 RESPONSE by Roger C. Menner in opposition to [50-1] Government's Response to Accused's motion to Review Errors in Preparation of Sentencing Guidelines and to Delay Sentencing Pending Study of the New Laws (walk) (Entered: 08/06/1998)
08/06/1998 53 Minute entry as to Roger C. Menner : SENTENCING PROCEEDINGS: before Judge Richard L. Williams ( Gil Halasz, OCR.) USA appeared through: Ihlo & Schraibmann, AUSAs. Dft(s) appeared through: Deft w/o Atty; Atty Wagner standby counsel. Court Hours: 35 mins. Matter came on for sentencing on Cts 1-5 of the Indictment. Deft's pending motions heard. All motions denied by the Court. Objections to PSR by Deft, heard and resolved by the Court. Recess had. After recess, Atty Wagner moved for a continuance of Sentencing Proceedings. Statements made by Govt, Atty Wagner and Deft. Sentence Imposed: Cts 1-4 - impr. 12 mos each Ct., all concur; 1 yr supr rel each Ct., all concur; $3,000 total fine (as t all Cts); $25 S/A each Ct, due immed. Ct 5 - impr. 3 mos, consecutive to Cts 1-4; 1 yr supr rel, concur; $25 S/A, due immed. JUDGMENT: in favor of Govt, against Deft for $1,987.96. Deft to possess no firearms; S/C/S/R: no new credit charges; provide any requested financial information; file past due income tax returns as required; mandatory substance abuse testing waived, etc.; must file timely Fed. Income Tax forms as required by IRS no later than 4/15/2000 for tax year 1999; must file any State Income Tax forms required by 5/1/2000. Deft advised of right of appeal in 10 days of today. Deft remanded to custody for immediate execution of sentence. (jpea) (Entered: 08/07/1998)
08/06/1998 Sentencing held before Judge Richard L. Williams ( Gil Halasz, OCR.) USA appeared through: Same as above. Dft(s) appeared through: Same as above. Roger C. Menner (1) count(s) 1-5 (jpea) (Entered: 08/07/1998)
08/06/1998 55 JUDGMENT Roger C. Menner (1) count(s) 1-4: impr. 12 mos. each Ct., all concur; 1 yr. each Ct., all concur; $3,000 total fine as to all Cts.; $25 each Ct., due immediately; $1,987.96 Judgment total as to all Cts. Deft remanded to custody for immediate execution. Roger C. Menner (1) count(s) 5: impr. 3 mos., consecutive to Cts 1-4; 1 yr supr rel, concur to Cts 1-4; $3,000 total fine as to all Cts.; $25 S/A, due immediately; $1,987.96 total Judgment as to all Cts. Deft remanded for immediate execution of sentence. ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (jpea) (Entered: 08/11/1998)
08/06/1998 56 Verification of Costs by USA as to Roger C. Menner (jpea) (Entered: 08/11/1998)
08/06/1998 57 NOTICE OF APPEAL by Roger C. Menner (1) count(s) 1-4, 5. TPO packages sent to Atty Wagner and to Deft Menner. (jpea) (Entered: 08/11/1998)
08/06/1998 58 MOTION FOR CONTINUANCE OF PERSONAL RECOGNIZANCE by Roger C. Menner (jpea) (Entered: 08/11/1998)
08/10/1998 54 ORDER denying motion by Roger C. Menner for Discovery of the Character of the Court, denying Ex Parte motion by Roger C. Menner to Review Errors in Preparation of Sentencing Guidelines and to Delay Sentencing Pending Study of the New Laws, denying Ex Parte motion by Roger C. Menner for Discovery of the Character of the Court, and denying Ex Parte Complaint of Fraud by Roger C. Menner ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (walk) (Entered: 08/10/1998)
08/21/1998 USCA Case Number as to Roger C. Menner Re: [57-1] appeal USCA Number: 98-4602; Case Manager: Sue Nagle (walk) (Entered: 08/21/1998)
01/22/1999 59 Certified copy of USCA ORDER as to Roger C. Menner DISMISSING the appeal for failure to prosecute pursuant to Local Rule 45 (walk) (Entered: 01/24/1999)
04/06/1999 60 ORDER as to Roger C. Menner DIRECTING the Clerk to file Petitioner's Motion to Vacate, Set Aside, or Correct his Sentence under 28 U.S.C. 2255. The Clerk shall serve a copy of the motion and this Order on the U.S. Attorney who shall file a complete, fully briefed response within 60 days of service. Any reply by Petitioner shall be filed 30 days thereafter. ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (walk) (Entered: 04/06/1999)
04/06/1999 61 MOTION by Roger C. Menner to Vacate, Set Aside, or Correct his Sentence under 28 U.S.C. 2255 (walk) (Entered: 04/06/1999)
04/06/1999 62 MEMORANDUM and Brief by Roger C. Menner in support of [61-1] motion by Roger C. Menner to Vacate, Set Aside, or Correct his Sentence under 28 U.S.C. 2255 (walk) (Entered: 04/06/1999)
04/06/1999 2255 Flag (walk) (Entered: 04/06/1999)
04/06/1999 63 MOTION by Roger C. Menner for Release Pending Final Resolution of a Motion in the Nature of 28 U.S.C. 2255 (walk) (Entered: 04/06/1999)
04/27/1999 64 MOTION by Roger C. Menner to Expedite Determination of Motion for Release: In the Nature of F.R.C.P. Rule 78 (sbar) (Entered: 04/29/1999)
05/06/1999 65 EX PARTE MOTION by Roger C. Menner for Discovery of the Character of a United States District Court (walk) (Entered: 05/06/1999)
05/10/1999 69 TRANSCRIPT filed as to Roger C. Menner for dates of 08/06/98 (Sentencing Proceedings); Re: [57-1] appeal; Volume One, Pages 1-23. (walk) (Entered: 05/12/1999)
05/10/1999 70 EX PARTE MOTION in the Nature of F.R.C.P. Rules 9(b) and 12(b)(1) and (7) by Roger C. Menner . No copy of this motion has been forwarded to Counsel for Respondent. (walk) (Entered: 05/12/1999)
05/12/1999 66 MEMORANDUM ORDER as to Roger C. Menner DIRECTING the Clerk to file Petitioner's "Second 28 U.S.C. 2255" Motion and Memorandum in Support Thereof; Counsel for Respondent shall file a complete, fully briefed response within 60 days of the date of service. Any reply by the Petitioner shall be filed within 30 days thereafter. The Court Orders that the "Second 28 U.S.C. 2255" Motion and Memorandum in Support Thereof, received on April 6th, supplant totally the first motion and memorandum. The first motion and memorandum in support thereof shall receive no further consideration by the Court. Petitioner's Motion to Expedite Determination of Motion for Release is GRANTED. Petitioner's Motion for Release Pending Final Resolution of a Motion in the Nature of 28 U.S.C. 2255 is DENIED. ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (walk) (Entered: 05/12/1999)
05/12/1999 67 "Second" MOTION by Roger C. Menner pursuant to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999) (walk) (Entered: 05/12/1999)
05/12/1999 68 "Second" MEMORANDUM by Roger C. Menner in support of [67-1] motion by Roger C. Menner pursuant to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999) (walk) (Entered: 05/12/1999)
06/07/1999 71 EX PARTE MOTION for Emergency Relief to Correct an Illegal Sentence and Petition for Waiver of Fines by Roger C. Menner (walk) (Entered: 06/14/1999)
06/21/1999 72 ORDER as to Roger C. Menner DENYING [65-1] Ex Parte Motion by Roger C. Menner for Discovery of the Character of a United States District Court, DENYING [71-1] Ex Parte Motion by Roger C. Menner for Emergency Relief to Correct an Illegal Sentence and Petition for Waiver of Fines WITH PREJUDICE; and DENYING [70-1] Ex Parte Motion in the nature of F.R.C.P. Rules 9(b) and 12(b)(1) and (7) WITH PREJUDICE. ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (walk) (Entered: 06/21/1999)
07/06/1999 73 EMERGENCY EX PARTE MOTION by Roger C. Menner For Reconsideration of Ex Parte Motion for Emergency Relief to Correct and Illegal Sentence and Petition for Waiver of Fines (walk) (Entered: 07/06/1999)
07/08/1999 74 RESPONSE by USA as to Roger C. Menner in opposition to [67-1] motion by Roger C. Menner pursuant to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999) (clerk) (Entered: 07/09/1999)
07/14/1999 75 ORDER denying [73-1] Ex Parte motion by Roger C. Menner for reconsideration of the court's decision of June 21, 1999 (x Signed by Judge Richard L. Williams ) (sbar) (Entered: 07/14/1999)
08/06/1999 76 REPLY ("Response") by Roger C. Menner to Response by USA in Opposition to [67-1] motion by Roger C. Menner pursuant ("in the nature") to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999) (walk) (Entered: 08/06/1999)
05/19/2000 77 ORDER as to Roger C. Menner (1) DENYING [67-1] motion by Roger C. Menner pursuant to 28 U.S.C. 2255. (See the Court's Memorandum Order of May 12, 1999). Petitioner advised of right of appeal. ( Signed by Judge Richard L. Williams ) Copies Mailed: YES (walk) (Entered: 05/19/2000)
05/19/2000 78 MEMORANDUM OPINION as to Roger C. Menner (1) DISMISSING the Petitioner's 28:2255 motion ( Signed by Judge Richard L. Williams ) (walk) (Entered: 05/19/2000)
05/19/2000 ******Remove 2255 Flag from case****** (walk) (Entered: 10/30/2002)
06/27/2000 79 PETITION AND ORDER on Probation/Supervised Release as to Roger C. Menner ORDERED that warrant issued directing offender appear before the Court to show cause why supervision should not be revoked (signed by Judge Richard L. Williams) (lsal) (Entered: 06/28/2000)
07/17/2000 ARREST of Roger C. Menner (lcha) (Entered: 07/17/2000)
07/17/2000 80 Minute entry as to Roger C. Menner : before Magistrate Judge David G. Lowe ( Tape #131) USA appeared through: David Maguire, AUSA. Dft(s) appeared through: Deft. w/o counsel. Court Hours: :10 Matter came on for initial appearance. Deft. advised of charges/penalties and rights. Deft. requested C/A counsel, executed affidavit, GRANTED. Matter continued to 7/25/00 at 9:30 a.m. for probation violation hearing. Deft. released on PR bond. (lcha) (Entered: 07/17/2000)
07/17/2000 81 CJA 23 FINANCIAL AFFIDAVIT by Roger C. Menner (lcha) (Entered: 07/17/2000)
07/17/2000 82 ORDER Setting Conditions of Release as to Roger C. Menner ( Signed by Magistrate Judge David G. Lowe ) (lcha) (Entered: 07/17/2000)
07/17/2000 Probation Violation Hearing as to Roger C. Menner set 9:30 7/25/00 for Roger C. Menner (lcha) (Entered: 07/17/2000)
07/18/2000 83 CJA 20 as to Roger C. Menner Appointment of Attorney Robert James Wagner () (lcha) (Entered: 07/18/2000)
07/18/2000 Probation Violation Hearing as to Roger C. Menner set 9:30 7/28/00 for Roger C. Menner (UPDATED FROM 7/25/00 @ 9:30 a.m.) (jpea) Modified on 07/18/2000 (Entered: 07/18/2000)
07/28/2000 84 (PRO SE) MOTION by Roger C. Menner for a New Trial (walk) (Entered: 07/28/2000)
07/28/2000 85 (Pro Se) MEMORANDUM by Roger C. Menner in SUPORT of [84-1] (Pro Se) motion by Roger C. Menner for a New Trial (walk) (Entered: 07/28/2000)
07/28/2000 86 Minute entry as to Roger C. Menner : SUPERVISED RELEASE VIOLATION HEARING: before Judge Richard L. Williams ( Gil Halasz, OCR.) USA appeared through: Melissa Schraibman, AUSA. Dft(s) appeared through: Robert J. Wagner, Esq. Court Hours: 1 hr. Matter came on for violation hearing. Deft entered plea of not guilty. Evidence adduced. Govt adduced evidence. Deft adduced evidence. Arguments had by Govt and Deft. JUDGMENT: Deft guilty as charged in the petition. Supervised Release REVOKED. Statements had by Govt and Deft counsel. Sentence Imposed: impr. 3 mons. Order to enter. Deft remanded to custody for immediate execution of sentence. (jpea) (Entered: 07/28/2000)
07/28/2000 87 ORDER that the Court finds the Deft GUILTY of violating terms and conditions of his supr. rel.; for the reasons stated from the bench, Court REVOKES Deft's supr. rel. and SENTENCES the Deft to 3 mons incarceration. Deft remanded for immediate execution of sentence; and, FURTHER DENYING Deft's Motion for a New Trial as to Roger C. Menner ( Signed by Judge Richard L. Williams ) Copies Mailed: yes (jpea) (Entered: 07/28/2000)
08/01/2000 88 ARREST WARRANT Returned Executed as to Roger C. Menner on 7/17/00 (walk) (Entered: 08/01/2000)
09/20/2000 89 ORDER of 09/20/2000 returned by the USMS in the case of Roger C. Menner (walk) (Entered: 09/20/2000)
10/05/2005 90 TRANSCRIPT of Proceedings as to Roger C. Menner held on July 28, 2000 before Judge Richard L. Williams. Court Reporter: Gilbert Halasz. (One Volume, 52 pages placed in brown expandable) (jtho, ) (Entered: 10/06/2005)
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- Recycler of Paytriot Fantasies
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That docket will make an interesting exhibit at the sentencing hearing for the current case.
You know, tps should take a tip from street gangs and get special tattoos to indicate how much time they've spent inside.
You know, tps should take a tip from street gangs and get special tattoos to indicate how much time they've spent inside.
Three cheers for the Lesser Evil!
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- Grand Exalted Keeper of Esoterica
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The ballad of Roger, continued
What ever happened to the old page of linked emoticons? This would be a perfect spot for the one that illustrates head vs. brick wall.IMF Research. As I said in my post "past history" before CTC. I have been in this for over 20 years, it has cost me 2 marriages and a family. Who's side are you on?
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- Infidel Enslaver
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He will get more than 3 months this time. As a repeat offender, he's probably looking at 3-5 years, minimum.
As others have said, this guy is toast: He doesn't even have a 1 in 100,000 chance of winning.
As others have said, this guy is toast: He doesn't even have a 1 in 100,000 chance of winning.
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"The real George Washington was shot dead fairly early in the Revolution." ~ David Merrill, 9-17-2004 --- "This is where I belong" ~ Heidi Guedel, 7-1-2006 (referring to suijuris.net)
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"The real George Washington was shot dead fairly early in the Revolution." ~ David Merrill, 9-17-2004 --- "This is where I belong" ~ Heidi Guedel, 7-1-2006 (referring to suijuris.net)
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- Pirate Purveyor of the Last Word
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The only question is whether or not it will take less than 30 minutes to convict this time around.Jury retired at 3:45 p.m. Jury returned verdict at 4:15 p.m.
All the States incorporated daughter corporations for transaction of business in the 1960s or so. - Some voice in Van Pelt's head, circa 2006.
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- Quatloosian Federal Witness
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Actually, there is one more question: whether the entire trial (including jury selection, evidence, argument, lunch and deliberations) will make it to seven hours.. wrote:The only question is whether or not it will take less than 30 minutes to convict this time around.Jury retired at 3:45 p.m. Jury returned verdict at 4:15 p.m.
05/15/1998 39 Minute entry as to Roger C Menner : JURY TRIAL PROCEEDINGS: ... (9:30 a.m.) Matter came on for Jury Trial Proceedings ... Jury returned verdict at 4:15 p.m.
"A wise man proportions belief to the evidence."
- David Hume
- David Hume
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- Enchanted Consultant of the Red Stapler
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Man I have missed that emoticon. Its very useful on this forum. Sometimes its the only response needed. Any chance of that emoticon being added in?Nikki wrote:The ballad of Roger, continuedWhat ever happened to the old page of linked emoticons? This would be a perfect spot for the one that illustrates head vs. brick wall.IMF Research. As I said in my post "past history" before CTC. I have been in this for over 20 years, it has cost me 2 marriages and a family. Who's side are you on?
"Some people are like Slinkies ... not really good for anything, but you can't help smiling when you see one tumble down the stairs" - Unknown
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- Enchanted Consultant of the Red Stapler
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I've got a few CTC hearings in the next month. I'll never understand why guys make their families go through this. I just want to shake them and wake them up out of their TP trance. Life doesn't have to suck, it can be really fun! Why can't TPs understand this?Disilloosianed wrote:Sure, he lost his wives, his kids, three months of his life, his dignity, etc........
But he is no longer enslaved!
"Some people are like Slinkies ... not really good for anything, but you can't help smiling when you see one tumble down the stairs" - Unknown
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- Illuminati Obfuscation: Black Ops Div
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You'd figure he'd be happy about not being enslaved to the wives and kids anymore.Disilloosianed wrote:Sure, he lost his wives, his kids, three months of his life, his dignity, etc........
But he is no longer enslaved!
Do these people ever consider that they didn't lose the families because of the TPing, but because of deficits in their own personalities? Of course not. The wives left him and the kids won't talk to him because he's taking up "the good fight" not because he drinks and hits them on occasion. I'm not saying he does those things, but until the wives and kids say why they left, I don't believe that it was justthe TPing. Okay, I can see the first wife leaving him because of it...but the second one must have known about it when she married him.
When chosen for jury duty, tell the judge "fortune cookie says guilty" - A fortune cookie
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- Illuminati Obfuscation: Black Ops Div
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I don't think the guy is going to get any support from the CtC crowd. He's been told to keep his mouth shut about it publicly (5th Amendment). One CtCer went so far as to say that it's not a good case to support. And Pete is ignoring the situation.
IIRC, John has claimed that CtC has never been tried in court (at least to his satisfaction) - even with Pete's legal battles. Now that it's about to be tried...it's disturbing to see their reaction. If (more likely when) this guy loses the case, it's going to damage the CtC movement. You'd think they'd be rallying support to give this guy every chance to win.
Of course, they're probably just distancing themselves so that when he loses, they can claim that it wasn't CtC - if it was, they would have helped him.
IIRC, John has claimed that CtC has never been tried in court (at least to his satisfaction) - even with Pete's legal battles. Now that it's about to be tried...it's disturbing to see their reaction. If (more likely when) this guy loses the case, it's going to damage the CtC movement. You'd think they'd be rallying support to give this guy every chance to win.
Of course, they're probably just distancing themselves so that when he loses, they can claim that it wasn't CtC - if it was, they would have helped him.
When chosen for jury duty, tell the judge "fortune cookie says guilty" - A fortune cookie