USA v. Nichols
| USA |
| Seth Nichols |
| Wells Fargo Bank NA |
| 4:2018cr00167 |
| February 5, 2018 |
| US District Court for the District of Arizona |
| Other |
Docket Report
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This docket was last retrieved on December 4, 2018. A more recent docket listing may be available from PACER.
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| Filing 54 EXHIBIT LIST by USA as to Seth Nichols. (Jette, Michael) |
| Filing 53 Due to a calendar conflict, IT IS ORDERED the Restitution Hearing set for December 5, 2018, as to Seth Nichols, is RESET to December 11, 2018, at 1:30 p.m., before Senior Judge Cindy K.Jorgenson. (CKJ, pb)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) |
| Filing 52 Due to a scheduling conflict, IT IS ORDERED the Restitution Hearing, as to Seth Nichols, presently set for December 4, 2018, at 2:00 p.m., is RESET AS TO TIME ONLY!! Restitution Hearing set for December 4, 2018, at 1:00 p.m., before Senior Judge Cindy K. Jorgenson. (CKJ, pb)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) |
| Filing 51 NOTICE of Attorney Withdrawal (Amelia Beck Valenzuela) as to Seth Nichols. (Klundt, Scott) |
| Filing 50 *NOTICE Defendant's Witness List for Restitution Hearing by Seth Nichols. (Attachments: #1 Exhibit Frederick C. Shaffer CPA MBA, #2 Exhibit Laura Danker CPA)(Harwin, Michael) *Modified to correct event type on 11/28/2018 (SIB). |
| Filing 49 MEMORANDUM by Seth Nichols Restitution Brief. (Attachments: #1 Exhibit Preliminary Report - Frederick Shaffer)(Harwin, Michael) |
| Filing 48 REPLY TO RESPONSE to Motion by Seth Nichols re: #46 MOTION for Disclosure . (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Harwin, Michael) |
| Filing 47 RESPONSE to Motion by USA as to Seth Nichols re: #46 MOTION for Disclosure . (Jette, Michael) |
| Filing 46 MOTION for Disclosure by Seth Nichols. (Harwin, Michael) |
| Filing 45 RESPONSE in Opposition by USA as to Seth Nichols re: #37 MOTION to Extend Time File Restitution Brief and Continue Restitution Hearing . (Attachments: #1 Exhibit A)(Jette, Michael) |
Filing 44
ORDER as to Seth Nichols (1). IT IS ORDERED Defendant's #37 Motion is DENIED, in part, as to Defendant's request to withdraw from his plea agreement, and GRANTED, in part, as to Defendant's request to extend the briefing deadline and continue the restitution hearing. Defendant has until 11/27/18 to file his restitution brief and witness list. Restitution Hearing set for 10/17/18 is VACATED, and re-set for 12/4/18 from 2:00 PM to 5:00 PM, and 12/5/18 from 2:00 PM to 5:00 PM. Sentencing Hearing set for 10/19/18 is VACATED and re-set for 12/18/18 at 2:00 PM. Signed by Senior Judge Cindy K Jorgenson on 10/10/18.(BAC)
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| Filing 41 SENTENCING MEMORANDUM by USA as to Seth Nichols. (Jette, Michael) |
| Filing 40 WITNESS LIST by USA as to Seth Nichols. (Jette, Michael) |
| Filing 39 MEMORANDUM by USA as to Seth Nichols Restitution Memorandum. (Attachments: #1 Exhibit)(Jette, Michael) |
| Filing 38 RESPONSE to Motion by USA as to Seth Nichols re: #37 MOTION to Extend Time File Restitution Brief and Continue Restitution Hearing . (Attachments: #1 Exhibit, #2 Exhibit)(Jette, Michael) |
| Filing 37 MOTION to Extend Time File Restitution Brief and Continue Restitution Hearing by Seth Nichols. (Attachments: #1 Exhibit Declaration of Frederick Shaffer, #2 Exhibit Frederick Shaffer Report August 2018)(Harwin, Michael) |
| Filing 36 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Seth Nichols . (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Harwin, Michael) |
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Filing 35
ORDER as to Seth Nichols. It is ordered the Defendant's Motion to Withdraw Plea (Doc. #22 ) is denied. Signed by Senior Judge Cindy K Jorgenson on 9/19/2018. (SIB)
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Filing 34
ORDER granting #33 Motion to Extend Time and denying #22 Motion to Withdraw Plea of Guilty as to Seth Nichols (1). Restitution Hearing set for 10/17/2018 at 09:15 AM before Senior Judge Cindy K Jorgenson. Sentencing set for 10/19/2018 at 10:30 AM before Senior Judge Cindy K Jorgenson. (see Order for complete details) Signed by Senior Judge Cindy K Jorgenson on 9/17/2018.(SIB)
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| Filing 33 First MOTION to Extend Time for Filing Objections to Presentence Report by Seth Nichols. (Harwin, Michael) |
| Filing 31 SUPPLEMENT by Seth Nichols #25 Response to Motion filed by USA, #27 Reply to Response filed by Seth Nichols, #22 MOTION to Withdraw Plea of Guilty filed by Seth Nichols, 30 Motion Hearing, Common Prompts (Text Only). (Harwin, Michael) |
| Filing 30 MINUTE ENTRY for Motion Hearing, as to Seth Nichols, held September 4, 2018 before Senior Judge Cindy K. Jorgenson. Counsel present their arguments to the Court regarding the Defendant's Motion to Withdraw Plea (Doc. 22]. The Government presents the Court with Exhibit 1, which is admitted into evidence for purposes of this hearing. The Court TAKES THE MATTER UNDER ADVISEMENT. Appearances: Michael Jette (AUSA) for the Government. Michael Harwin (retained) for the Defendant who is present and released. Court Reporter: Aaron LaDuke. Hearing held 11:11 AM to 12:06 PM. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF) |
| Filing 29 NOTICE OF RELATED CASE CR-18-01684-TUC-RCC(DTF) as to Seth Nichols. (Jette, Michael) |
| Filing 27 REPLY TO RESPONSE to Motion by Seth Nichols re: #22 MOTION to Withdraw Plea of Guilty . (Attachments: #1 Exhibit Shaffer - Declaration, #2 Exhibit Butler - Declaration)(Harwin, Michael) |
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Filing 26
ORDER as to Seth Nichols. It is ordered the Motion to Withdraw Plea of Guilty (Doc. #22 ) is set for oral argument on September 4, 2018 at 11:00 a.m. Signed by Senior Judge Cindy K Jorgenson on 8/22/2018. (SIB)
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| Filing 25 RESPONSE to Motion by USA as to Seth Nichols re: #22 MOTION to Withdraw Plea of Guilty . (Attachments: #1 Exhibit)(Jette, Michael) |
| Filing 24 TRANSCRIPT of INITIAL APPEARANCE, ARRAIGNMENT, AND CHANGE OF PLEA as to Seth Nichols held on 02/05/2018, before Judge BRUCE G. MACDONALD. Transcriber Erica R. McQuillen. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/7/2018. (CSM) |
| Filing 23 TRANSCRIPT REQUEST by USA as to Seth Nichols for proceedings held on February 5, 2018, Magistrate Judge Bruce G Macdonald hearing judge(s). (Jette, Michael) |
| Filing 22 MOTION to Withdraw Plea of Guilty by Seth Nichols. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14)(Harwin, Michael) |
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Filing 21
ORDER granting #20 Motion to Continue Sentencing as to Seth Nichols (1). Sentencing is reset for 9/24/2018 at 03:00 PM before Senior Judge Cindy K Jorgenson. The Court will not grant any further requests for a continuance. Ordered by Senior Judge Cindy K Jorgenson. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(TAD)
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| Filing 20 Third MOTION to Continue Sentencing by Seth Nichols. (Harwin, Michael) |
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Filing 19
MINUTE ORDER: Motion #18 is GRANTED. Sentencing, as to Seth Nichols, is continued to JULY 23, 2018 AT 3:00 PM before this Court. Ordered by Judge Cindy K. Jorgenson. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF)
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| Filing 18 Second MOTION to Continue Sentencing Unopposed by Seth Nichols. (Harwin, Michael) |
| Filing 17 STATEMENT by Wells Fargo Bank NA as to Seth Nichols. (DXD) |
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Filing 16
The District Court has reviewed the Findings and Recommendations of the Magistrate Judge #11 , and no objections have been filed. Therefore, IT IS ORDERED that the Findings and Recommendation of the Magistrate Judge are adopted and this Court accepts defendant's PLEA OF GUILTY as to Seth Nichols. Ordered by Judge Cindy K Jorgenson.(MLH)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)
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Filing 15
MINUTE ORDER: Motion #14 is GRANTED. Sentencing, as to Seth Nichols, is continued to JUNE 5, 2018 AT 10:15 AM before this Court. Ordered by Judge Cindy K. Jorgenson. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF)
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| Filing 14 First MOTION to Continue Sentencing (Unopposed) by Seth Nichols. (Harwin, Michael) |
| Filing 13 NOTICE re SURRENDER of Passport as to Seth Nichols. Issued by USA. Defendant not permitted to apply for passport/passport card during the pendency of this action. (PTS-KL, ) |
| Filing 12 NOTICE re: PASSPORT as to Seth Nichols. Defendant is not permitted to apply for the issuance of a passport and/or passport card during the pendency of this action. (PTS-SA, ) |
| Filing 11 MAGISTRATE JUDGE FINDINGS & RECOMMENDATION UPON A PLEA OF GUILTY as to Seth Nichols. Signed by Magistrate Judge Bruce G Macdonald on 2/5/18.(BHA) |
| Filing 10 PLEA AGREEMENT as to Seth Nichols. (BHA) |
| Filing 9 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Arraignment and Plea to Felony Information Hearing as to Seth Nichols held on 2/5/2018. Seth Nichols (1) (TRUE NAME) enters a plea of guilty as to the Information. THE COURT ORDERS the trial date/pending hearings VACATED, (none set at this time.) Pending motions are rendered moot. Prior custody/release orders are AFFIRMED. Counsel for the Government makes a record regarding promises outside the written plea agreement that it will keep at sentencing. Victims are present in the courtroom and may speak and make recommendations at sentencing. The parties agree the Restitution cap is three million dollars. The Court directs the US Probation Office to prepare a Presentence Report. Appearances: AUSA Michael Jette for the Government, retained attorney Michael Harwin for defendant. Defendant is present and released. PTSO Monica Esquivel is present for Pretrial Services. The defendant surrenders his passport as directed by his conditions of release, in open court. Defendant instructed to report to Probation today. Sentencing set for 4/17/2018 at 09:45 AM before Judge Cindy K Jorgenson. (Recorded by COURTSMART.) Hearing held 11:00 am to 11:30 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) |
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Filing 7
ORDER Setting Conditions of Release as to Seth Nichols. Signed by Magistrate Judge Bruce G Macdonald on 2/5/18.(BHA)
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| Filing 6 WAIVER OF INDICTMENT by Seth Nichols. (BHA) |
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Filing 4
CONSENT OF DEFENDANT Seth Nichols AND ORDER OF REFERRAL to Magistrate Judge Bruce G. Macdonald for entry of guilty plea. Signed by Judge Cindy K Jorgenson on 2/5/18.(BHA)
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| Filing 3 MINUTE ENTRY for proceedings held before Magistrate Judge Bruce G Macdonald: Initial Appearance as to Seth Nichols held on 2/5/2018. NO FINANCIAL AFFIDAVIT TAKEN. Defendant(s) state true name to be the same. Detention Hearing as to Seth Nichols held on 2/5/2018. PTS recommends release. Government concurs. Defendant shall remain released on set conditions. (See separate copy.) Defendant is to report to the United States Marshal Service for processing after Court. Preliminary Hearing as to Seth Nichols waived on 2/5/2018. Finding: Defendant held to answer before District Court. The parties wish to proceed with a Change of Plea this date. Appearances: AUSA Michael Jette for the Government, retained attorney Michael Harwin for defendant. Defendant is present and released. (Recorded by COURTSMART.) Hearing held 11:00 am to 11:30 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BHA) |
| Filing 2 INFORMATION - Felony as to Seth Nichols (1) count(s) 1. (BHA) |
| Filing 1 NOTICE OF ATTORNEY APPEARANCE: Michael J Harwin appearing for Seth Nichols. (BHA) |
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