Case 2:13-cr-00024-TOR Document 322 Filed 05/06/14

1

Michael C. Ormsby United States Attorney

2 Eastern District of Washington

3

Earl A. Hicks Assistant United States Attorney

4 Post Office Box 1494

FILED INTHE U.S. DISTRICT COURT EASTERN DISTRICT OF w:,SHJNGTON
MAY 0 6 2014
SEAN F. McAVOY, CLERK -~:;::;:;;;-=-=DEPlJTY
SPOKANE. WASHINGTON

5

Spokane, WA 99210-1494 Telephone: (509) 353-2767

6

7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

8

9 UNITED STATES OF AMERICA,

)

13-CR-00024-FVS

)

10

Plaintiff,

) SUPERSEDING INDICTMENT

11

vs.

) ) Vio: 21 U.S.C. § 846

12

)

Conspiracy to Manufacture and

13 RHONDA LEE FIRESTACK-HARVEY, )

Distribute 100 or More

LARRY LESTER HARVEY,

)

Marijuana Plants (Count 1)

14 MICHELLE LYNN GREGG,

)

15 ROLLAND MARK GREGG, and

)

21 U.S.C. § 841(a)(l) and 18

JASON LEE ZUCKER

)

U.S.C. § 2

16

)

Manufacture of 100 or More

17

Defendants.

)

Marijuana Plants (Count 2)

)

18

)

21 U.S.C. § 841(a)(I) and 18

19

)

U.S.C. § 2

)

Distribution ofMarijuana

20

)

(Count 3)

21

)

)

18 U.S. C. § 924(c)

22

)

Possession ofa Firearm In

23

)

Furtherance ofa Drug

)

Trafficking Crime (Count 4)

24

)

25

)

21 U.S.C. § 856(a)(1)

)

Maintaining Drug-Involved

26

)

Premise (Count 5 )

27

28
SUPERSEDING INDICTMENT - 1
P40S0SJJ.EHA.Firestack.docx

Case 2:13-cr-00024-TOR Document 322 Filed 05/06/14

1

The Grand Jury Charges:

2

3

COUNT 1

4

That beginning on a date unknown, but by on or about June 1, 2011, until on or

5 about August 16,2012, in the Eastern District of Washington, and elsewhere, the
6
7 Defendants, RHONDA LEE FIRESTACK-HARVEY, LARRY LESTER HARVEY,

8 MICHELLE LYNN GREGG, ROLLAND MARK GREGG, and JASON LEE
9 ZUCKER, did knowingly and intentionally combine, conspire, confederate and agree
10
11 together with each other and with other persons, both known and unknown to the Grand

12 Jury, to commit the following offenses against the United States, to wit: Manufacture of
13
100 or More Marijuana Plants and Distribution of Marijuana, in violation of21 U.S.C. §
14
15 841(a)(I); all in violation of21 U.S.C. § 846.

16

COUNT 2

17
Beginning on a date unknown, but by on or about June 1, 2011, until on or about
18
19 August 16,2012, in the Eastern District of Washington, the Defendants, RHONDA LEE

20 FIRESTACK-HARVEY, LARRY LESTER HARVEY, MICHELLE LYNN GREGG,
21
ROLLAND MARK GREGG, and JASON LEE ZUCKER, knowingly and intentionally 22 23 Manufactured 100 or more Marijuana plants, a Schedule I controlled substance, in

24 violation of21 U.S.C. § 841(a){l), and 18 U.S.C. § 2. 25
26
27
28 SUPERSEDING INDICTMENT - 2
P40S0SJJ.EHA.Firestack.docx

Case 2:13-cr-00024-TOR Document 322 Filed 05/06/14

COUNT 3
1

2

On or about and between October 23, 2011 and November 18,2011, in the

3 Eastern District of Washington, the Defendants, RHONDA LEE
4
5 FIRESTACK-HARVEY, LARRY LESTER HARVEY, MICHELLE LYNN GREGG,

6 ROLLAND MARK GREGG, and JASON LEE ZUCKER, knowingly and intentionally
7 distributed Marijuana, a Schedule I controlled substance, in violation of21 U.S.C. §
8
9 841(a)(I), and 18 U.S.C. § 2.

10

COUNT 4

11

That beginning on a date unknown, but by on or about July 1,2012, until on or

12

13 about August 9,2012, in the Eastern District of Washington, the Defendants, RHONDA

14 LEE FIRESTACK-HARVEY, LARRY LESTER HARVEY, MICHELLE LYNN
15
GREGG, ROLLAND MARK GREGG, and JASON LEE ZUCKER did knowingly and
16
17 willfully possess firearms, specifically: a Remington 870 Express Magnum 12 guage

18 shotgun with serial number C645218M; a Ruger LC 9 9mm pistol serial number 320-
19
76596; and a Tradewinds Husky model H-5000 7mm mag rifle serial number 324920, 20 21 in furtherance ofa drug trafficking crime, to wit: Conspiracy to Manufacture 100 or

22 More Marijuana Plants, in violation of 21 U.S.C. § § 841(a)(I) and 846; Manufacture
23
of 100 or more Marijuana plants in violation of21 U.S.C. § 841(a)(1); and Distribution
24
25 of Marijuana in violation of21 U.S.C. § 841(a)(I), and 18 U.S.C. § 2; all in violation

26 of 18 U.S.C. § 924(c)(I)(A)(i).
27
28 SUPERSEDING INDICTMENT - 3
P40S0SJJ.EHA.Firestack.docx

Case 2:13-cr-00024-TOR Document 322 Filed 05/06/14

 
 1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING JASON ZUCKER'S MOTION TO DISMISS BASED UPON THE UNITED STATES' FAILURE TO PRESERVE EVIDENCE

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses defendant Jason Zucker's
16 motion to dismiss the indictment on the ground the United States
17
failed to preserve critical evidence.
18
BACKGROUND
19
On two occasions during August of 2012, law enforcement officers
20
21 seized marijuana plants that allegedly were growing at 939 Clugston-

22 Onion Creek Road, Colville, WA. A grand jury returned an Indictment

23 on February 6, 2013. The Court held a pretrial conference on April 2,
24
2013. The United States requested permission to destroy the marijuana
25
plants. The Court authorized the United States to destroy the plants,
26
but only after counsel for the defendants had a reasonable opportunity

Order - 1

1 to inspect them. The Court entered an order that stated in part, "An

2 attorney's failure to make arrangements [to inspect] within ten days
3 of March 29, 2013, shall waive any objection to the destruction of the
4
marijuana plants." (Order Continuing Trial (ECF No. 141 at 2.)
5
Defendant Jason Zucker moves to dismiss the Indictment on the ground
6
the United States failed to preserve the plants that allegedly were
7
8 seized by law enforcement officers during August of 2012.

9

RULING

10

In order for a defendant to demonstrate he has been deprived of

11
due process of law by the United States' destruction of evidence, the
12
defendant must show, at a minimum, that the United States acted in bad
13
faith. United States v. Cooper, 983 F.2d 928, 931 (9th Cir.1993). No
14
15 such showing has been made by Mr. Zucker. To the contrary, the United

16 States destroyed the plants only after raising the issue at a pretrial

17 conference at which Mr. Zucker and his attorney were present.

18

IT IS HEREBY ORDERED:

19
Defendant Jason Zucker's "Motion to Dismiss for Failure to
20
Preserve" (ECF No. 201) is denied.
21
IT IS SO ORDERED. The District Court Executive is hereby
22

23 directed to enter this order and furnish copies to counsel.

24

DATED this 29th day of April, 2014.

25

s/ Fred Van Sickle

26

Fred Van Sickle

Senior United States District Judge

Order - 2

 
 1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING MOTIONS TO DISMISS ON EQUAL PROTECTION OR DUE PROCESS GROUNDS

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses the defendants'

16 allegations that the instant prosecution is depriving them of equal

17 protection and due process.

18

CONGRESS AND THE DISTRICT OF COLUMBIA

19

The defendants argue the United States Attorney’s decision to

20 prosecute them in the Eastern District of Washington violates their

21 right to equal protection, as guaranteed by the Fifth Amendment, given

22 Congress’ decision to allow the medicinal use of cannabis in the
23
District of Columbia. The Ninth Circuit considered and rejected a
24
very similar argument in James v. City of Costa Mesa, 700 F.3d 394
25
(9th Cir.2012) cert. denied, ––– U.S. ––––, 133 S.Ct. 2396 (2013).
26
There, the plaintiffs were disabled residents of the State of

Order - 1

1 California. They challenged attempts by certain California cities to

2 close marijuana dispensing facilities. The plaintiffs relied

3 principally upon Title II of the Americans with Disabilities Act

4 (“ADA”). 700 F.3d at 396. However, the plaintiffs also made an equal

5 protection argument based upon the fact Congress did not block

6 implementation of Initiative 59 in the District of Columbia in 2010.

7 “Initiative 59,” explained the Ninth Circuit, “suspended local

8
criminal penalties for seriously ill individuals who use medical

9
marijuana with a doctor's recommendation.” 700 F.3d at 404. The

10
circuit court rejected the argument that Congress’ 2010 decision to
11
allow the District of Columbia to implement Initiative 59 deprived
12
disabled California residents of equal protection of the law:
13
Congress' decision not to block implementation of Initiative
14
59 did not result in the unequal treatment of District of

15

Columbia and California residents. On the contrary,

16

Congress' actions allow these jurisdictions to determine for

themselves whether to suspend their local prohibitions on

17
the use and distribution of marijuana for medical purposes.

18

Local decriminalization notwithstanding, the unambiguous

19

federal prohibitions on medical marijuana use set forth in

the [federal Controlled Substances Act] . . . continue to

20
apply equally in both jurisdictions, as does the ADA's

21

illegal drug exclusion. There is no unequal treatment, and

22

thus no equal protection violation.

23 700 F.3d at 405 (citation omitted).

24

ENTRAPMENT BY ESTOPPEL

25

Defendant Michelle Gregg claims state authorities misled her

26 concerning the use of marijuana for medical purposes. She claims

Order - 2

1 federal authorities were equally misleading. (Defendant’s Motion &

2 Memorandum (ECF No. 213) at 31-32 (citations omitted).) She moves to

3 dismiss the indictment on the ground she is a victim of entrapment by

4 estoppel, which is the “unintentional entrapment by an official who
5 mistakenly misleads a person into a violation of the law[.]” United
6 States v. Schafer, 625 F.3d 629, 637 (9th Cir.2010) (internal
7 punctuation and citation omitted). Entrapment by estoppel is an
8
affirmative defense. In order to prevail, Ms. Gregg must prove five
9
elements: “(1) an authorized government official empowered to render
10
the claimed erroneous advice, (2) who has been made aware of all the
11
relevant historical facts, (3) affirmatively told him the proscribed
12
conduct was permissible, (4) that he relied on the false information,
13
and (5) that his reliance was reasonable.” United States v.
14
Batterjee, 361 F.3d 1210, 1216 (9th Cir.2004) (internal citations and
15
quotation marks omitted). Ms. Gregg places great weight upon
16
information that is contained in the Washington State Department of
17
18 Health’s website. The DOH has created a list of “General Frequently
19 Asked Questions.” One of them asks, “I heard the current federal
20 administration legalized medical marijuana (cannabis). Is that true?”
21 To that question, the DOH provided the following answer:

22

No, medical marijuana (cannabis) is still illegal under

federal law. However, U.S. Deputy Attorney General James
23
Cole announced updated formal guidelines for federal

24

prosecutors in states that have laws allowing the use of

25

medical marijuana. The guidelines do not legalize medical

marijuana. The president directed federal prosecutors to
26
consider appropriate medical use when making criminal

Order - 3

1

charging decisions. The guidelines only provide direction

for prosecutors when reviewing medical marijuana cases.
2

3 (DOH, “[General] Frequently asked questions about Medical Marijuana

4 (Cannabis) in Washington State,” available at

5 http://www.doh.wa.gov/YouandYourFamily/Illnessand

6 Disease/MedicalMarijuana(Cannabis)/GeneralFrequentlyAskedQuestions.asp

7 x. (last visited April 21, 2014)). One cannot reasonably interpret

8 the above-quoted answer as an affirmation that federal law permits the

9 possession of marijuana for medical purposes. To the contrary, the

10 above-quoted answer states unequivocally that the possession of

11 marijuana remains illegal under federal law. Furthermore, the answer

12 represents the views of the state Department of Health. At most, one

13 could interpret the answer to suggest that, though the possession of

14
marijuana remains illegal under federal law, the state Department of

15
Health thinks there may be situations in which federal prosecutors
16
will not seek the indictment of persons who possess marijuana for
17
medical purposes. The state Department of Health does not presume to
18
give any assurance as to when federal prosecutors will refrain from
19
acting. Nor could the state Department of Health give any such
20
assurance. It cannot speak for federal prosecutors. Thus, the answer
21
given by the state Department of Health in response to a frequently-
22

asked question will not support the defense of entrapment by estoppel.
23

PROSCRIBING THE POSSESSION OF MARIJUANA
24

25

Several defendants have devoted scores of pages in multiple

26 memoranda arguing Congress lacks a rational basis for continuing to

Order - 4

1 proscribe the possession of marijuana for medical purposes. A little

2 over three months ago, the Ninth Circuit rejected very similar

3 arguments in an unpublished opinion. Sacramento Nonprofit Collective

4 v. Holder, Nos. 12-15991, 12-55775, 12-16710, 2014 WL 128998, at *1-*2

5 (9th Cir. Jan. 15, 2014). Although the opinion may be unpublished, it

6 accurately states the law in the Ninth Circuit.

7

IT IS HEREBY ORDERED:

8
1. Defendant Jason Zucker's motion to dismiss the indictment (ECF

9
No. 205) is denied.

10
2. “[Defendant Michelle Gregg’s] Motion . . . to . . . Dismiss
11
Indictment” (ECF No. 213) is denied.
12
3. Defendant Rolland M. Gregg's "Motion to Dismiss" (ECF No. 216)
13
is denied.
14
IT IS SO ORDERED. The District Court Executive is hereby
15

directed to enter this order and furnish copies to counsel.
16

DATED this 29th day of April, 2014.
17

18

s/ Fred Van Sickle

Fred Van Sickle

19

Senior United States District Judge

20

21

22

23

24

25

26

Order - 5

 
 Case 2:13-cr-00024-TOR Document 290 Filed 04/30/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING DEFENDANTS' MOTION TO DISMISS THE INDICTMENT ON THE GROUND THAT POSSESSION OF MARIJUANA IS LEGAL UNDER FEDERAL LAW

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses defendant Michelle

16 Gregg's motion to dismiss the Indictment on the ground that possession
17
of marijuana is compatible with the federal Controlled Substances Act.
18
See Defendant's Motion . . . to . . . Dismiss Indictment (ECF No. 213)
19
at 25-27.
20

21

BACKGROUND

22

The federal Controlled Substances Act (“CSA”), 21 U.S.C. § 801 et

23 seq., is Title II of the Comprehensive Drug Abuse Prevention and
24
Control Act of 1970. Gonzales v. Raich, 545 U.S. 1, 12 and n.19, 125
25
S.Ct. 2195, 162 L.Ed.2d 1 (2005) (hereinafter “Raich”). The
26
substances that are controlled by the CSA are placed in schedules.

Order - 1

Case 2:13-cr-00024-TOR Document 290 Filed 04/30/14

1 Marijuana is a Schedule I drug. 21 U.S.C. § 812(c)(10). Raich, 545

2 U.S. at 14, 125 S.Ct. 2195. “Unlike drugs in other schedules, . . .
3 schedule I drugs cannot be dispensed under a prescription.” United
4
States v. Oakland Cannabis Buyers' Co-op., 532 U.S. 483, 492 n.5, 121
5
S.Ct. 1711, 149 L.Ed.2d 722 (2001). The Supreme Court reiterated that
6
point in Raich, observing that the regulatory scheme which was created
7
8 by the CSA “prohibit[s] entirely the possession or use of substances

9 listed in Schedule I, except as a part of a strictly controlled

10 research project.” 545 U.S. at 24, 125 S.Ct. 2195. The preceding

11
authorities appear to be conclusive. Not so, says Michelle Gregg (ECF
12
No. 213 at 25-27). She insists the Harveys were entitled to grow
13
marijuana plants for medical purposes. She begins with 21 U.S.C. §
14
15 844(a), the first sentence of which states:

16

It shall be unlawful for any person knowingly or

intentionally to possess a controlled substance unless such
17
substance was obtained directly, or pursuant to a valid

18

prescription or order, from a practitioner, while acting in

19

the course of his professional practice, or except as

otherwise authorized by this subchapter or subchapter II of
20
this chapter.
21
Ms. Gregg claims a Washington healthcare provider lawfully may
22

prescribe cannabis pursuant to the Medical Use of Cannabis Act
23

24 (“MUCA”), chapter RCW 69.51A. Believing this, she claims the Harveys

25 fit within the exception created by 21 U.S.C. § 844(a).

26

The United States disagrees with Ms. Gregg’s interpretation of

Order - 2

Case 2:13-cr-00024-TOR Document 290 Filed 04/30/14

1 Washington law. According to the United States, a healthcare provider

2 may not write a prescription for cannabis. The United States says the
3 Washington State Department of Health (“DOH”) recognizes as much. The
4
DOH has created a list of “General Frequently Asked Questions.” One
5
of them asks “Is my recommendation considered a prescription if it is
6
written on tamper-resistant paper?” The DOH has provided the
7
8 following answer to this question:

9

Healthcare providers cannot write prescriptions for medical

10

marijuana. They may only write recommendations that a

patient has a medical condition that may benefit from the

11

medical use of marijuana.

12
(Omnibus Response (ECF No. 244) at 16 (quoting Washington State
13
Department of Health, “[General] Frequently asked questions about
14
Medical Marijuana (Cannabis) is Washington State,” available at
15

16 http://www.doh.wa.gov/YouandYourFamily/Illnessand

17 Disease/MedicalMarijuana(Cannabis)/GeneralFrequentlyAskedQuestions.asp

18 x. (last visited April 16, 2014)).
19
RULING
20
Ms. Gregg has not cited any Washington statute that authorizes a
21
healthcare provider to issue a prescription for marijuana as the term
22
23 "prescription" is used in 21 U.S.C. § 844(a). Nor does such a statute
24 exist. Indeed, state officials recognize the constitutional supremacy

25 of federal law as it relates to controlled substances. Under federal

26 law, it is illegal to manufacture marijuana, even when one intends to

Order - 3

Case 2:13-cr-00024-TOR Document 290 Filed 04/30/14

1 distribute the marijuana for medical purposes. The authorities cited

2 above are clear. Their meaning is not subject to debate.

3

IT IS HEREBY ORDERED:

4
“[Defendant Michelle Gregg’s] Motion . . . to . . . Dismiss
5
Indictment” (ECF No. 213) is denied to the extent she argues
6

possession of marijuana is legal under the federal Controlled
7

8 Substances Act.

9

IT IS SO ORDERED. The District Court Executive is hereby

10 directed to enter this order and furnish copies to counsel.

11
DATED this 30th day of April, 2014.
12

13

s/ Fred Van Sickle

Fred Van Sickle

14

Senior United States District Judge

15

16

17

18

19

20

21

22

23

24

25

26

Order - 4

 
 1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING DEFENDANTS' MOTION TO DISMISS THE INDICTMENT UNDER THE TENTH AMENDMENT

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses the defendants' motion to

16 dismiss the Indictment under the Tenth Amendment.

17

BACKGROUND

18

In 1971, the State of Washington adopted the Uniform Controlled

19 Substances Act, chapter 69.50 RCW. State v. Reis, No. 69911-3-I, 2014

20 WL 1284863, at *2 (March 31, 2014). Since then, marijuana has been a

21 Schedule I controlled substance as a matter of state law. Reis, 2014

22 WL 1284863, at *2 (citing RCW 69.50.204(c)(22)). In 1998, the

23 citizens of the state adopted the Washington State Medical Use of

24 Cannabis Act (“MUCA”), chapter RCW 69.51A, through the initiative

25 process. Reis, 2014 WL 1284863, at *2. As Division I of the

26 Washington Court of Appeals explained in Reis, the purpose of the MUCA

Order - 1

1 "was to allow certain individuals suffering from terminal or

2 debilitating medical conditions to use marijuana medicinally." 2014

3 WL 1284863, at *2 (citing RCW 69.51A.005). In 2011, the Washington

4 legislature passed amendments to the MUCA. Id. at *3. However, the

5 governor vetoed a number of provisions. Id. at *4. The Supreme Court

6 of the State of Washington has not interpreted the MUCA in light of

7 the governor's veto. Thus, it is not entirely clear to what extent

8 the MUCA limits prosecutions under the state Controlled Substances

9 Act.

10

On August 9, 2012, law enforcement officers executed a warrant

11 that had been issued by a state judicial officer authorizing them to

12 search 939 Clugston-Onion Creek Road, Colville, WA. A federal agent

13 participated in the search. The officers observed approximately 70

14 growing marijuana plants. According to the defendants, the persons

15 who were growing the plants were attempting to comply with the state

16 MUCA. The officers seized some of the marijuana plants they observed

17 on August 9th, but they left many of the plants just as they found

18 them. On August 16, 2012, federal agents executed a warrant that had

19 been issued by a federal judicial officer authorizing them to search

20 the same property. They seized all of the marijuana plants they

21 observed.

22

On February 6, 2013, a federal grand jury returned an indictment

23 charging the defendants with violations of federal law. The

24 defendants move to dismiss the indictment. They claim the instant

25 prosecution violates the Tenth Amendment. For one thing, they argue

26 the prosecution is a federal attempt to coerce state authorities into

Order - 2

1 enforcing the federal Controlled Substances Act (“CSA”), 21 U.S.C. §

2 801 et seq. For another thing, they argue the prosecution is a

3 federal attempt to discourage the State of Washington from legalizing

4 the possession of marijuana for medical purposes.

5

RULING

6

The Tenth Amendment states, “The powers not delegated to the

7 United States by the Constitution, nor prohibited by it to the States,

8 are reserved to the States respectively, or to the people.” U.S.

9 Const. amend. X. "The Supreme Court has read this Amendment as a

10 'tautology': 'If a power is delegated to Congress in the

11 Constitution, the Tenth Amendment expressly disclaims any reservation

12 of that power to the States.'” Gila River Indian Community v. United

13 States, 729 F.3d 1139, 1153 (9th Cir. 2013) (quoting New York v.

14 United States, 505 U.S. 144, 156–57, 112 S.Ct. 2408, 120 L.Ed.2d 120

15 (1992)). However, "even where Congress has the authority under the

16 Constitution to pass laws requiring or prohibiting certain acts, it

17 lacks the power directly to compel the States to require or prohibit

18 those acts." New York v. United States, 505 U.S. 144, 166, 112 S.Ct.

19 2408, 120 L.Ed.2d 120 (1992). For example, Congress may not command

20 state officers to administer federal regulatory programs. Raich v.

21 Gonzales, 500 F.3d 850, 867 n.17 (9th Cir.2007) (citing Printz v.

22 United States, 521 U.S. 898, 935, 117 S.Ct. 2365, 138 L.Ed.2d 914

23 (1997), and New York v. United States, 505 U.S. 144, 166, 112 S.Ct.

24 2408, 120 L.Ed.2d 120 (1992)). Nor may Congress compel states to

25 adopt specific legislation. Id. The defendants argue the instant

26 prosecution runs afoul of the Tenth Amendment.

Order - 3

1

The Ninth Circuit has considered and rejected similar arguments

2 on a number of occasions. The circuit court's decision in Raich v.

3 Gonzales, supra, is a useful place to begin. In that case, a

4 seriously ill woman whose symptoms were ameliorated by the use of

5 marijuana brought an action seeking, in effect, to enjoin federal law

6 enforcement agencies from enforcing the CSA against her. 500 F.3d at

7 855-56. She sought relief upon several grounds. Among other things,

8 she argued, "Congress impermissibly exercised a police power [through

9 the CSA] that is reserved to the State of California under the Tenth

10 Amendment." 500 F.3d at 856. On appeal, she conceded her Tenth

11 Amendment claim was largely foreclosed by recent decisions of the

12 Supreme Court. She also conceded her case did not implicate the

13 "commandeering" line of cases. 500 F.3d at 867. The Ninth Circuit

14 accepted her concessions. In a lengthy footnote, the circuit court

15 explained:

16

The commandeering cases involve attempts by Congress to

direct states to perform certain functions, command state
17

officers to administer federal regulatory programs, or to

18

compel states to adopt specific legislation. . . . The

19

Controlled Substances Act, by contrast, “does not require

the [state legislature] to enact any laws or regulations,
20

and it does not require state officials to assist in the

21

enforcement of federal statutes regulating private

22

individuals.”

23 500 F.3d at 867 n.17 (quoting Reno v. Condon, 528 U.S. 141, 151, 120

24 S.Ct. 666, 145 L.Ed.2d 587 (2000)) (other citations omitted).

25

Advocates of medical marijuana have continued to present Tenth

26 Amendment claims to the Ninth Circuit. In two unpublished decisions

Order - 4

1 in the past 12 months, the Ninth Circuit has rejected Tenth Amendment

2 challenges to the federal regulation of marijuana. United States v.

3 Sandusky, No. 13-50025, 2014 WL 1004075, at *1 (9th Cir. March 17,

4 2014); Montana Caregivers Association, LLC, v. United States, No. 12-

5 35110, 2013 WL 1987385 (9th Cir. May 7, 2013). Both panels cited

6 Raich v. Gonzales, 500 F.3d 850 (9th Cir.2007). Both panels regarded

7 themselves as bound by Raich. Both panels ruled the appellants' Tenth

8 Amendment claims were foreclosed by Raich. In view of Raich and the

9 authorities cited therein, this Court clearly lacks authority to

10 dismiss the instant prosecution under the Tenth Amendment.

11

IT IS HEREBY ORDERED:

12

1. Defendant Jason Zucker's "Motion to Dismiss Indictment as

13 Barred by the Tenth Amendment" (ECF No. 204) is denied.

14

2. “[Defendant Michelle Gregg’s] Motion . . . to . . . Dismiss

15 Indictment” (ECF No. 213) is denied to the extent she seeks relief

16 under the Tenth Amendment.

17

3. Rolland Mr. Gregg's motion to dismiss the indictment (ECF No.

18 215) is denied.

19

IT IS SO ORDERED. The District Court Executive is hereby

20 directed to enter this order and furnish copies to counsel.

21

DATED this 30th day of April, 2014.

22

s/ Fred Van Sickle

23

Fred Van Sickle

Senior United States District Judge

24

25

26

Order - 5

 
 Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING THE DEFENDANTS' MOTION TO SUPPRESS BASED UPON DETECTIVE ERDMAN'S ALLEGED FAILURE TO DISCLOSE EXCULPATORY EVIDENCE

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses the defendants'

16 allegation that a state law enforcement officer failed to disclose

17 exculpatory evidence to a state superior court judge when he applied

18 for a search warrant.

19

BACKGROUND

20

In 1971, the State of Washington adopted the Uniform Controlled

21 Substances Act, chapter 69.50 RCW. State v. Reis, No. 69911-3-I, 2014

22 WL 1284863, at *2 (March 31, 2014). Since then, marijuana has been a

23 Schedule I controlled substance as a matter of state law. Reis, 2014

24 WL 1284863, at *2 (citing RCW 69.50.204(c)(22)). In 1998, the

25 citizens of the state adopted the Washington State Medical Use of

26 Cannabis Act (“MUCA”), chapter RCW 69.51A, through the initiative

Order - 1

Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14
1 process. Reis, 2014 WL 1284863, at *2. As Division I of the 2 Washington Court of Appeals explained in Reis, the purpose of the MUCA 3 "was to allow certain individuals suffering from terminal or 4 debilitating medical conditions to use marijuana medicinally." 2014 5 WL 1284863, at *2 (citing RCW 69.51A.005). In State v. Fry, 168 Wn.2d 6 1, 228 P.3d 1 (2010), the supreme court of the State of Washington 7 addressed an issue that had arisen under the then-existing version of 8 the MUCA; namely, "whether a search warrant was supported by probable 9 cause where police officers were informed that marijuana was being 10 grown at a certain residence and smelled marijuana upon arrival but 11 the defendant . . . presented a purported medical authorization form 12 for marijuana." Reis, 2014 WL 1284863, at *3 (citing Fry, 168 Wn.2d 13 at 5). Mr. Fry argued probable cause was negated by the medical 14 authorization form. A plurality of the Washington supreme court 15 disagreed, concluding the MUCA created an affirmative defense. "'An 16 affirmative defense,'" said the plurality, '"does not per se legalize 17 an activity and does not negate probable cause that a crime has been 18 committed.'" Reis, 2014 WL 1284863, at *3 (quoting Fry, 168 Wn.2d at 19 10, 228 P.3d 1). In 2011, the Washington legislature passed 20 amendments to the MUCA. Id. However, the governor vetoed a number of 21 provisions. Id. at *4. The Washington supreme court has not 22 interpreted the MUCA in light of the governor's veto, nor has the 23 state supreme court indicated whether Fry remains authoritative. Two 24 divisions of the state Court of Appeals have issued opinions in that 25 regard. Both divisions agree Fry remains authoritative and the 2011 26 version of the MUCA continues to create what is, in effect, an
Order - 2

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1 affirmative defense to an alleged violation of the state Controlled

2 Substances Act. Reis, 2014 WL 1284863, at *7; State v. Ellis, --- Wn.

3 App. ----, 315 P.3d 1170, 1173 (2014). As both divisions read Fry,

4 the existence of a potential affirmative defense does not negate

5 probable cause. Reis, 2014 WL 1284863, at *7; Ellis, --- Wn. App. at

6 ----, 315 P.3d at 1173. That being the case, a law enforcement

7 officer who is applying for a search warrant need not rebut the

8 potential applicability of MUCA in order to establish probable cause.

9 Ellis, --- Wn. App. at ----, 315 P.3d at 1173-74.

10

This case arose during 2012, i.e., after the 2011 amendments to

11 the MUCA, but before any Washington appellate court had interpreted

12 the MUCA as amended. On or about July 19, 2012, Stevens County

13 Sheriff's Detective Loren A. Erdman was advised by Anne E. Minden, a

14 Special Agent with the United States Forest Service, that members of

15 the Civil Air Patrol (“CAP”) had flown over an area that is located

16 near Colville, Washington. The CAP flight crew observed and

17 photographed plants that they thought were marijuana plants. They

18 submitted their photographs to Agent Minden, who forwarded them to

19 Detective Erdman, who began an investigation. (Erdman Affidavit for

20 Search Warrant at 6-7.)

21

Detective Erdman studied the photographs that had been taken by

22 the CAP flight crew. He counted approximately 70 marijuana plants in

23 a cleared area. In addition to the plants, he observed, "[w]ater

24 tanks, a pump, hoses, and other equipment[.]" (Erdman Affidavit at

25 7.) That was not all:

26

It appeared an overhead power line was installed and ran to

Order - 3

Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14

1

the grow site from the area of the residence/outbuildings.

I also observed what appeared to be a dark haired female in
2

the grow area using a weed trimmer. . . . I could see that

3

the grow was located at the end of a well travelled private

4

road which led directly to a residence and outbuildings.

5 Id. Based upon what he observed in the photographs, Detective Erdman

6 concluded "[t]he residence and outbuildings appeared to be associated

7 with the grow site." Id.

8

Detective Erdman learned Larry Harvey owns the property that is

9 located 939 Clugston-Onion Creek Road and Rhonda Firestack-Harvey

10 lists that address as her residence. (Erdman Affidavit at 8.)

11 Detective Erdman obtained Ms. Firestack-Harvey's driver's license

12 photo. Although he could not say with certainty that Ms. Firestack-

13 Harvey is the woman whom he observed in the aerial photograph, he

14 thought Ms. Firestack-Harvey's appearance was at least consistent with

15 that of the woman whom he observed. Id.

16

Detective Erdman arranged for Stevens County Sergeant Brad Manke

17 to fly over the area in question on August 8, 2012. (Erdman Affidavit

18 at 9.) Sergeant Manke took at least one photograph of the area. Id.

19 Both he and Detective Erdman have been trained to identify marijuana

20 plants. Id. at 2-6, 6, and 9. Sergeant Manke concluded the plants he

21 observed were marijuana plants. Detective Erdman agreed. He counted

22 approximately 68 marijuana plants in the photograph that Sergeant

23 Manke took. Id.

24

Detective Erdman was looking for evidence of violations of the

25 state Controlled Substances Act. He knew the reach of the CSA had

26 been curtailed, at least to some extent, by the MUCA. Consequently,

Order - 4

Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14

1 he made at least some effort to ascertain the marijuana growers'

2 motivation:

3

I have received no information to suggest that Larry and

Rhonda Harvey or any other occupants at that location are
4

alleging medicinal reasons for manufacturing marijuana.

5

Even if that allegation was being presented, the number of

6

marijuana plants clearly visible on an over flight was in

excess of the maximum allowed in accordance with the
7

Washington State Medical Use of Marijuana Act (15 plants per

8

authorized person or a maximum of 45 plants with multiple

9

authorizations).

10 (Erdman Affidavit at 9.)

11

On August 8, 2012, Detective Erdman submitted an affidavit to a

12 state superior court judge in support of an application for a search

13 warrant. The parties have filed several copies of Detective Erdman's

14 affidavit. See, e.g., Attachment A to ECF No. 203. Based upon the

15 evidence that was set forth in Detective Erdman's affidavit, a state

16 superior court judge issued a warrant authorizing law enforcement

17 officers to search the property and buildings at 939 Clugston-Onion

18 Creek Road. Officers executed the search warrant on August 9, 2012.

19 The defendants challenge the validity of the search warrant.

20

ISSUE

21

The defendants suspect Detective Erdman uncovered evidence during

22 his investigation suggesting the persons who were growing marijuana at

23 939 Clugston-Onion Creek Road were attempting to comply with the terms

24 of the state Medical Use of Cannabis Act. In the defendants' opinion,

25 such evidence would indicate the growers were not violating the state

26 CSA. They maintain Detective Erdman had a duty to disclose such

Order - 5

Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14

1 evidence to the issuing judge. Franks v. Delaware, 438 U.S. 154, 171-

2 72, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Had he done so, say the

3 defendants, the judge would have been unable to find probable cause.

4

ANALYSIS

5

A. Federal Law Governs

6

Whether evidence should be excluded from a federal criminal

7 action pursuant to the exclusionary rule is an issue that is

8 controlled by federal law, not state law. United States v. Chavez-

9 Vernaza, 844 F.2d 1368, 1374 (9th Cir.1987). It matters not that the

10 evidence was seized by a state law enforcement officer acting pursuant

11 to a state-issued search warrant. See, e.g., United States v. Beals,

12 698 F.3d 248, 263-64 (6th Cir.2012). The purpose of the federal

13 exclusionary rule “is to deter future Fourth Amendment violations.”

14 Davis v. United States, 564 U.S. ––––, ----, 131 S.Ct. 2419, 2428, 180

15 L.Ed.2d 285 (2011). A state law enforcement officer’s violation of

16 state law is irrelevant in determining whether his conduct was

17 objectively reasonable under the Fourth Amendment. See, e.g.,

18 Virginia v. Moore, 553 U.S. 164, 128 S.Ct. 1598, 170 L.Ed.2d 559

19 (2008) (hereinafter "Moore").

20

In Moore, a state law enforcement officer had probable cause to

21 believe a motorist was driving with a suspended license. While it is

22 a crime to drive with a suspended license in the Commonwealth of

23 Virginia, the Commonwealth does not allow its law enforcement officers

24 to arrest a motorist who commits that crime. Instead, the officer

25 must issue a summons. That is not what happened in Moore. There, a

26 state law enforcement officer exceeded the authority he possessed

Order - 6

Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14

1 under Virginia law. Not only did he arrest a motorist who was driving

2 with a suspended license, but also he searched the motorist subsequent

3 to the arrest. During the search, the officer discovered contraband.

4 The Virginia Supreme Court held that since the officer lacked

5 authority under state law to arrest the motorist, the search violated

6 the Fourth Amendment. Id. at 167, 128 S.Ct. 1598. The United States

7 Supreme Court reversed. In doing so, the Supreme Court noted it is

8 constitutionally reasonable for an officer to arrest a person who

9 commits a crime in his presence. The Fourth Amendment does not forbid

10 an arrest in such circumstances even though the crime may be a minor

11 one. Id. at 171, 128 S.Ct. 1598 (citations omitted). Of course, the

12 Commonwealth of Virginia is free to place restrictions upon its law

13 enforcement officers that are more stringent than the restrictions

14 that are imposed by the Fourth Amendment. Id., 128 S.Ct. 1598

15 (internal punctuation and citations omitted). However, state law does

16 not “alter the content of the Fourth Amendment.” Id. at 172, 128

17 S.Ct. 1598. If a state law enforcement officer seizes evidence in a

18 manner that is reasonable under the Fourth Amendment, a court may not

19 suppress the evidence pursuant to the federal exclusionary rule on the

20 ground the seizure violated state law. Id. at 176, 128 S.Ct. 1598.

21

The Ninth Circuit has applied Moore in various contexts. See,

22 e.g., Martinez-Medina v. Holder, 673 F.3d 1029, 1036-37 (9th

23 Cir.2011) (a state law enforcement officer’s seizure of an illegal

24 alien did not violate the Fourth Amendment even assuming the seizure

25 violated state law); Edgerly v. City and County of San Francisco, 599

26 F.3d 946, 956 and n.14 (9th Cir.2010) (a state law enforcement

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Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14

1 officer’s arrest of a trespasser did not violate the Fourth Amendment

2 even though custodial arrest was not authorized by state law).

3 Neither Martinez-Medina nor Edgerly involved a state-issued search

4 warrant. The distinction is immaterial. As the Sixth Circuit

5 observed in Beals, “[t]he commonly-held position is that federal, not

6 state, law governs the question of the validity of a state-issued

7 search warrant in a federal criminal proceeding.” 698 F.3d at 263

8 (internal punctuation and citations omitted). The Ninth Circuit had

9 reached the same conclusion in unpublished rulings well before Moore

10 was decided. See, e.g., United States v. Gill, Nos. 94-30370, 95-

11 30031 and 95-90043, 1996 WL 121739, at *2 (9th Cir. March 19, 1996)

12 (citing Chavez-Vernaza, 844 F.2d at 1374).

13

B. Detective Erdman's Subjective Intent Is Irrelevant

14

The defendants place great weight upon Detective Erdman’s

15 subjective intent. His subjective intent can be discerned from the

16 papers he submitted to the state superior court judge. See Devenpeck

17 v. Alford, 543 U.S. 146, 154, 125 S.Ct. 588, 160 L.Ed.2d 537 (2004)

18 ("subjective intent is always determined by objective means")

19 (emphasis in original). As the defendants point out, Detective Erdman

20 sought permission from a state superior court judge to search for

21 violations of state law. The defendants argue the constitutionality

22 of Detective Erdman's actions must be assessed in light of his

23 subjective intent. Since he sought permission from a state judge to

24 search for violations of state law, the judge's decision to issue a

25 search warrant can be justified, in the defendants' opinion, only if

26 Detective Erdman's affidavit established probable cause to believe the

Order - 8

Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14
1 cultivation of marijuana at 939 Clugston-Onion Creek Road violated 2 state law. See United States v. $186,416.00 in U.S. Currency, 590 3 F.3d 942, 948 (9th Cir.2010). In other words, according to the 4 defendants, the constitutionality of the judge's decision to issue a 5 search warrant does not depend upon whether it was objectively 6 reasonable in light of all of the facts that were set forth in 7 Detective Erdman's affidavit. Instead, the judge's decision was 8 constitutional only if Detective Erdman's subjective purpose for 9 seeking a search warrant was vindicated by the information he included 10 in his affidavit. The defendants' reliance upon Detective Erdman's 11 subjective intent to challenge the constitutionality of his actions is 12 controversial. The Supreme Court has repeatedly admonished, 13 "Subjective intentions play no role in ordinary, probable-cause Fourth 14 Amendment analysis." Whren v. United States, 517 U.S. 806, 813-14, 15 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). Considering the Supreme 16 Court's repeated admonitions in that regard, it seems safe to say 17 Detective Erdman’s subjective expectation of what he would accomplish 18 by obtaining a search warrant -- i.e., that he would uncover 19 violations of state law -- is irrelevant in determining the existence 20 of probable cause. Devenpeck, 543 U.S. at 153, 125 S.Ct. 588. The 21 issue is whether Detective Erdman's affidavit, viewed objectively, 22 justified the action that the defendants now challenge. See Ashcroft 23 v. al-Kidd, 563 U.S. ––––, ––––, 131 S.Ct. 2074, 2080, 179 L.Ed.2d 24 1149 (2011). The action in question was the issuance of a search 25 warrant by a judicial officer. The standard is set forth in the 26 Fourth Amendment. “[N]o Warrants shall issue, but upon probable
Order - 9

Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14

1 cause, supported by Oath or affirmation[.]” U.S. Const. amend. IV.

2 The term "probable cause" means “a fair probability that contraband or

3 evidence of a crime will be found in a particular place.” Illinois v.

4 Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)

5 (hereinafter “Gates”). The term "contraband" is commonly understood

6 to include "any property which is unlawful to produce or possess."

7 Black's Law Dictionary 322 (6th ed. 1990).

8

C. Detective Erdman's Affidavit Established Probable Cause

9

Detective Erdman's affidavit stated he and Sergeant Manke are

10 qualified to identify marijuana. (Erdman Affidavit at 2-4, 6, and 9.)

11 Sergeant Manke flew over 939 Clugston-Onion Creek Road. Id. at 9. He

12 observed growing plants, and he photographed them. Id. Detective

13 Erdman spoke to Sergeant Manke, and he examined the photograph

14 Sergeant Manke took. The two law enforcement officers agreed

15 approximately 68 marijuana plants were growing at 939 Clugston-Onion

16 Creek Road. Id. When a law enforcement officer submits an affidavit

17 to a judicial officer indicating he has been trained to identify

18 marijuana plants, and when the officer avers he has flown over a

19 particular place and observed plants he believes are marijuana plants,

20 the officer’s sworn opinion is sufficient to create probable cause to

21 believe marijuana plants are growing in the place indicated by the 22 officer. United States v. Burge, 683 F.3d 829, 832 (7th Cir.2012).1

23

24

1Although Burge is a Seventh Circuit decision, there is no

25 reason to think the Ninth Circuit would disagree with its sister

26 circuit. See, e.g., United States v. Motz, 936 F.2d 1021, 1024 (9th Cir.1991).

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Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14

1 Here, the evidence suggested the plants were part of an organized

2 effort to manufacture marijuana. It is unlawful to manufacture

3 marijuana or possess it with the intent to distribute. 21 U.S.C. §§

4 802(6), 812 Schedule I(c)(10), 841(a)(1). Thus, Detective Erdman’s

5 affidavit easily established probable cause to believe law enforcement

6 officers would find contraband or evidence of a crime at 939 Clugston-

7 Onion Creek Road. Furthermore, Detective Erdman's affidavit connected

8 the contraband to the buildings that are present at that location. He

9 explained the process of manufacturing marijuana is a long one.

10 (Erdman Affidavit at 5.) Growers need water, power, and tools. Id.

11 They frequently hide manufactured marijuana in buildings near the

12 growing plants, and they maintain records of their transactions. Id.

13 at 4. Given the information that Detective Erdman provided, the state

14 superior court judge had a substantial basis for determining the

15 persons who were growing the marijuana were using the buildings to

16 support their activities. Cf. United States v. Dozier, 844 F.2d 701,

17 707 (9th Cir.1988) ("In this case, marijuana cultivation is a long-

18 term crime and the affidavit includes an experienced DEA agent's

19 opinion that cultivators often keep the equipment at their residences

20 between growing seasons. The documentary records sought are the type

21 of records typically found to be maintained over long periods of

22 time.").

23

RULING

24

Unless the Washington Supreme Court reverses State v. Ellis, ---

25 Wn. App. ----, 315 P.3d 1170 (2014), and State v. Reis, No. 69911-3-I,

26 2014 WL 1284863 (March 31, 2014), the Harveys' alleged compliance with

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Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14
1 the MUCA would not have negated probable cause to believe they were 2 violating the state CSA. Of course, the state Supreme Court may 3 reverse Ellis and Reis. The state Supreme Court may decide Detective 4 Erdman had a duty, under state law, to disclose any evidence of which 5 he was aware indicating the Harveys were attempting to comply with the 6 MUCA. Such a ruling on the part of the state Supreme Court would not 7 affect the analysis of Detective Erdman's conduct under the Fourth 8 Amendment. Moore, 553 U.S. at 176, 128 S.Ct. 1598. As far as the 9 Fourth Amendment is concerned, the issue is whether Detective Erdman's 10 affidavit provided the state superior court judge with a substantial 11 basis for concluding probable cause existed. Gates, 462 U.S. at 23812 39, 103 S.Ct. 2317 (internal punctuation and citation omitted). 13 Probable cause means "a fair probability that contraband or evidence 14 of a crime will be found in a particular place.” Id. at 238, 103 15 S.Ct. 2317. Detective Erdman's subjective expectation that he would 16 uncover violations of state law is irrelevant. al-Kidd, 563 U.S. at 17 ––––, 131 S.Ct. at 2080. No matter how the Washington Supreme Court 18 interprets the MUCA, manufacturing marijuana is unlawful. 21 U.S.C. 19 §§ 802(6), 812 Schedule I(c)(10), 841(a)(1). In view of the 20 information that is set forth in Detective Erdman's affidavit, the 21 state superior court judge had a substantial basis for concluding 22 contraband or evidence of a crime would be located at 939 Clugston23 Onion Creek Road. He did not violate the Fourth Amendment by issuing 24 a warrant to search that location. That conclusion does not depend 25 upon a determination Detective Erdman complied with state law. The 26 search warrant would be valid under the Fourth Amendment even if
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Case 2:13-cr-00024-TOR Document 278 Filed 04/28/14

1 Detective Erdman knew on August 8, 2012, but failed to disclose, the

2 Harveys were fulfilling every requirement of the MUCA. Why? Because

3 the limitations the MUCA imposes upon prosecutions that are brought

4 under the state CSA do not apply to prosecutions that are brought

5 under the federal CSA. Consequently, the Harveys' fulfillment of the

6 MUCA's requirements, even if true, is not exculpatory in this context.

7

IT IS HEREBY ORDERED:

8

1. Jason Zucker’s “Motion to Suppress” (ECF No. 203) is denied.

9

2. “[Defendant Michelle Gregg’s] Motion . . . to Suppress

10 Evidence” (ECF No. 213) is denied to the extent it argues the August

11 8, 2012, search warrant was not supported by probable cause.

12

IT IS SO ORDERED. The District Court Executive is hereby

13 directed to enter this order and furnish copies to counsel.

14

DATED this 28th day of April, 2014.

15

s/ Fred Van Sickle

16

Fred Van Sickle

Senior United States District Judge

17

18

19

20

21

22

23

24

25

26

Order - 13

 
 Case 2:13-cr-00024-TOR Document 279 Filed 04/28/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING THE DEFENDANTS' MOTION TO SUPPRESS FIREARMS

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses the defendants' motion to

16 suppress firearms that were seized by law enforcement officers despite

17 the fact the firearms were not listed in a search warrant.

18

BACKGROUND

19

On August 8, 2012, Stevens County Sheriff's Detective Loren A.

20 Erdman asked a state superior court judge to authorize law enforcement

21 officers to search a residence, buildings, and property that are

22 located at 939 Clugston-Onion Creek Road, Colville, WA. Detective

23 Erdman submitted an affidavit and a proposed search warrant to the

24 judge. On pages 10 and 11 of his “Affidavit for Search Warrant,”

25 Detective Erdman listed the evidence he was seeking. He listed the

26 same evidence in the “Search Warrant.” Neither the affidavit nor the

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Case 2:13-cr-00024-TOR Document 279 Filed 04/28/14

1 search warrant listed firearms as evidence to be searched for.1 On

2 August 9, 2012, law enforcement officers drove to 939 Clugston-Onion

3 Creek Road. They arrived at the front door of the residence at 10:47

4 a.m. Rhonda Firestack-Harvey was present. She admitted the officers

5 and they searched the residence. At this juncture, the Court has only

6 a sketchy description of what occurred during the course of the

7 search. One of the rooms the officers searched was the den. In it,

8 the officers allegedly discovered marijuana, a scale, packaging

9 material, records of drug transactions, and two firearms. One of the

10 firearms was a rifle. The other was a shotgun. Both allegedly were

11 loaded. The den was not the only room the officers searched. There

12 are at least two bedrooms in the residence. Officers searched both.

13 In the master bedroom, they allegedly found a loaded pistol in a

14 dresser drawer. (They also may have found two loaded rifles in the

15 master bedroom, but the record is unclear.) Apparently, there was no

16 evidence of drug-trafficking in the master bedroom. There is a second

17 bedroom in the residence. In it, officers allegedly found marijuana

18 and three firearms. One of the firearms was an unloaded pistol. It

19 was lying in a box, together with a loaded, clip-style magazine.

20 Another firearm was a shotgun. A third was a "black powder" rifle.

21 Officers seized all of the firearms they observed. The defendants

22 move to suppress the firearms on the ground they were not listed in

23 the search warrant as things the officers were entitled to search for

24 and seize.

25

26

1The parties have filed several copies of the affidavit and

search warrant. See, e.g., ECF No. 214, Exhibits "B" and "C."

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Case 2:13-cr-00024-TOR Document 279 Filed 04/28/14

1

STANDARD

2

The Fourth Amendment provides in part, “[N]o Warrants shall

3 issue, but upon probable cause . . . and particularly describing the

4 place to be searched, and the persons or things to be seized.” U.S.

5 Const. amend. IV. The requirement of particularity is a critical

6 component of the Warrant Clause. Almost 100 years ago, the Supreme

7 Court observed that particularity in search warrants “prevents the

8 seizure of one thing under a warrant describing another.” Marron v.

9 United States, 275 U.S. 192, 196, 48 S.Ct. 74, 76, 72 L.Ed. 231

10 (1927). More recently, the Supreme Court reiterated the importance of

11 the particularity requirement:

12

By limiting the authorization to search to the specific

areas and things for which there is probable cause to
13

search, the requirement ensures that the search will be

14

carefully tailored to its justifications, and will not take

15

on the character of the wide-ranging exploratory searches

the Framers intended to prohibit.
16

Horton v. California, 496 U.S. 128, 140 n.10, 110 S.Ct. 2301, 2308,
17

110 L.Ed.2d 112 (1990) (quoting Maryland v. Garrison, 480 U.S. 79, 84,
18

107 S.Ct. 1013, 94 L.Ed.2d 72 (1987)).
19

PARTIES’ POSITIONS
20

The United States argues the warrantless seizure of firearms at
21

939 Clugston-Onion Creek Road on August 9, 2012, was lawful under the
22

plain view doctrine. See, e.g., Horton, 496 U.S. at 136-37, 110 S.Ct.
23

2301. Pursuant to the “plain view” doctrine, an officer who
24

encounters incriminating evidence while executing a search warrant may
25

seize the evidence, despite the fact it was not listed in the search
26

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Case 2:13-cr-00024-TOR Document 279 Filed 04/28/14

1 warrant, if three circumstances exist: First, the officer was

2 standing in a place he was entitled to be when he first observed the

3 evidence. Second, the incriminating character of the evidence was

4 immediately apparent. Third, the officer had a lawful right of access

5 to the evidence. See, e.g., United States v. Wong, 334 F.3d 831, 838

6 (9th Cir.2003).

7

Mr. Harvey seems to concede the United States can establish the

8 first and third elements of the plain view doctrine. It is the second

9 element upon which he focuses. He denies the incriminating character

10 of the evidence was immediately apparent. Mr. Harvey maintains an

11 objective law enforcement officer who stood in the shoes of the

12 officers who searched 939 Clugston-Onion Creek Road on August 9, 2012,

13 would have realized the persons who were cultivating the marijuana

14 plants were attempting to comply with the Washington State Medical Use

15 of Cannabis Act (“MUCA”), chapter RCW 69.51A. In Mr. Harvey’s

16 opinion, an objective officer would have had no reason to think the

17 firearms were evidence of criminal activity.

18

RULING

19

Law enforcement officers lawfully entered the residence at 939

20 Clugston-Onion Creek Road pursuant to a warrant authorizing them to

21 search for evidence indicating the occupants were involved in

22 manufacturing marijuana. The officers knew approximately 70 marijuana

23 plants were growing in a field outside the residence. While searching

24 the residence, the officers observed a scale, packaging material,

25 processed marijuana, and records of transactions. Based upon their

26 observations, the officers reasonably could have inferred the persons

Order - 4

Case 2:13-cr-00024-TOR Document 279 Filed 04/28/14

1 who were growing the marijuana plants at 939 Clugston-Onion Road were

2 engaged in drug trafficking. The officers observed a number of

3 firearms while searching the residence. The search warrant did not

4 authorize the officers to seize firearms. Nevertheless, a warrantless

5 seizure of the firearms was constitutional pursuant to the plain view

6 doctrine. For one thing, the officers were engaged in a lawful search

7 of the residence when they observed the firearms. For another thing,

8 they observed the firearms while searching places in which they

9 reasonably believed they might locate items that were listed in the

10 search warrant. Finally, the incriminating character of the firearms

11 was immediately apparent. Firearms are closely associated with drug

12 trafficking. Drug traffickers frequently arm themselves in order to

13 protect their operations. See United States v. Savinovich, 845 F.2d

14 834, 838 (9th Cir.1988). Thus, the officers had an objectively

15 reasonable basis for concluding the firearms in the residence were

16 evidence of drug trafficking. Since the evidentiary value of the

17 firearms was immediately apparent, since the officers observed the

18 firearms from lawful vantage points, and since the officers were

19 authorized to search the residence, the officers' warrantless seizure

20 of the firearms was objectively reasonable under the Fourth Amendment.

21 See United States v. Ewain, 88 F.3d 689, 693-695 (9th Cir.1996).

22

Mr. Harvey places great weight upon the fact the search of 939

23 Clugston-Onion Creek Road was accomplished by state law enforcement

24 officers who were looking for evidence of violations of state law

25 based upon a warrant that had been issued by a state judicial officer.

26 All of that may be true, but it is also beside the point. Mr. Harvey

Order - 5

Case 2:13-cr-00024-TOR Document 279 Filed 04/28/14

1 is urging a federal court to exclude evidence from a federal criminal

2 action pursuant to the exclusionary rule. The issue is whether the

3 officers’ actions were reasonable within the meaning of the Fourth

4 Amendment. See Fernandez v. California, ––– U.S. ––––, 134 S.Ct.

5 1126, 1131, ––– L.Ed.2d –––– (2014). This Court must determine

6 whether the circumstances, “viewed objectively,” justify the officers’

7 actions. Ashcroft v. al-Kidd, 563 U.S. ––––, ––––, 131 S.Ct. 2074,

8 2081, 179 L.Ed.2d 1149 (2011) (internal punctuation and citations

9 omitted). The officers’ subjective thoughts as they executed the

10 search warrant are irrelevant. Id. at ----, 131 S.Ct. at 2081. It

11 doesn’t matter whether they thought about federal law while they

12 searched 939 Clugston-Onion Creek Road. The issue is whether their

13 actions were objectively reasonable under the Fourth Amendment. As

14 explained above, the officers' actions were reasonable. Consequently,

15 based upon the information that has been presented, the disputed

16 firearms are not subject to exclusion from the defendant's trial

17 pursuant to the Fourth Amendment.

18

IT IS HEREBY ORDERED:

19

Lester Harvey's "Motion to Suppress Evidence” (ECF No. 214) is

20 denied.

21

IT IS SO ORDERED. The District Court Executive is hereby

22 directed to enter this order and furnish copies to counsel.

23

DATED this 28th day of April, 2014.

24

s/ Fred Van Sickle

25

Fred Van Sickle

Senior United States District Judge

26

Order - 6

 
 Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4
5 UNITED STATES OF AMERICA, Plaintiff,
6
7
v.
8
RHONDA FIRESTACK-HARVEY, LARRY
9
HARVEY, MICHELLE GREGG, ROLLAND GREGG, and JASON ZUCKER,
10
Defendants.
11

No. CR-13-24-FVS
ORDER GRANTING IN PART AND DENYING IN PART RHONDA FIRESTACK-HARVEY'S MOTION TO SUPPRESS STATEMENTS

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses Rhonda Firestack-Harvey's

16 motion to suppress certain statements she allegedly made to law

17 enforcement officers on August 9, 2012.

18

BACKGROUND

19

On August 8, 2012, a state superior court judge issued a warrant

20 authorizing law enforcement officers to search a residence, buildings,

21 and property that are located at 939 Clugston-Onion Creek Road,

22
Colville, WA. A group of officers drove to 939 Clugston-Onion Creek
23
Road on August 9th. They knocked on the front door of the residence
24
at 10:47 a.m. Rhonda Firestack-Harvey answered. Stevens County
25
Sheriff's Detective Loren A. Erdman explained who they were and why
26
they were present. Officers walked through the residence, inspecting

Order - 1

Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14
1 each room in order to determine whether anyone else was inside. That
2 done, Detective Erdman read the search warrant to Ms. Firestack-
3 Harvey. She grabbed two medical marijuana authorization cards, which
4 were nearby, and presented them to the officers. She told the 5 officers, "We're in compliance" (or words to that effect). By 6 "compliance," she seems to have meant compliance the Washington State
7
Medical Use of Cannabis Act, chapter RCW 69.51A. Cf. State v. Reis,
8
No. 69911-3-I, 2014 WL 1284863, at *2-*4 (March 31, 2014) (describing
9
the State of Washington's marijuana laws). She began explaining to
10
the officers why she thought they were in compliance. Just what she
11
said is unclear. Detective Erdman interrupted her and advised her of
12
her Miranda rights. See Miranda v. Arizona, 384 U.S. 436, 478-79, 86
13
S.Ct. 1602, 16 L.Ed.2d 694 (1966). Initially, she did not express a
14
desire to remain silent or to speak with an attorney. To the
15
contrary, she seemed to want to convince the officers she was (or they
16
were?) growing marijuana for medical purposes. She probably obtained
17
additional marijuana authorization cards and presented them to the
18
19 officers. It is unclear whose names are on the cards. The officers 20 were skeptical. They told her she was growing more plants than state 21 law permitted. Although the record is sketchy, the officers probably
22 asked her about the names on the cards -- "Who are they?" and "Are you
23 selling marijuana to them?" -- questions like that. Whereupon, she
24 told officers she wanted to speak to an attorney. They ceased
25 questioning her and allowed her to call her son. She sat down in a
26 chair in the living room. The officers did not handcuff her, but,
Order - 2

Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14

1 then again, they would not have allowed her to leave her residence.

2 While seated in the living room, she allegedly made statements to law

3 enforcement officers about her reasons for growing marijuana and what

4 she intended to do with it. The officers left 939 Clugston-Onion

5 Creek Road at 2:35 p.m. They did not arrest Ms. Firestack-Harvey.

6

RELIEF REQUESTED

7
Rhonda Firestack-Harvey moves to suppress all of the statements

8
she allegedly made to law enforcement officers. To begin with, she

9
argues her alleged statements were obtained in violation of the
10
protections established by Miranda v. Arizona, supra, and Edwards v.
11
Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). In
12
addition, she argues her alleges statements were involuntary. She
13
claims she was compelled by state law to incriminate herself.
14
CUSTODIAL INTERROGATION
15
The United States seems to concede Ms. Firestack-Harvey was not
16
free to leave her residence from the moment the officers arrived until
17

the moment they left. During that period, she was "seized" within the
18

19 meaning of the Fourth Amendment. United States v. Mendenhall, 446

20 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980). However, as the

21 Supreme Court explained in Maryland v. Shatzer, 559 U.S. 98, 112-13,

22 130 S.Ct. 1213, 1224, 175 L.Ed.2d 1045 (2010), a Fourth Amendment

23 "seizure" does not necessarily constitute "custody" within the meaning

24 of Miranda v. Arizona, supra. A person is in "custody" when a law

25 enforcement officer has placed her under arrest or the officer has

26 restrained her freedom of movement in a manner that is associated with

Order - 3

Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14

1 formal arrest. Stansbury v. California, 511 U.S. 318, 114 S.Ct. 1526,

2 128 L.Ed.2d 293 (1994) (per curiam) (citations omitted). The parties

3 disagree with respect to whether Ms. Firestack ever was in custody

4 and, if so, when custody began. The Ninth Circuit has identified a
5 number of factors that profitably may be considered in determining
6 whether a person is in custody for Miranda purposes. See, e.g.,
7
United States v. Beraun-Panez, 812 F.2d 578, 580 (9th Cir.), modified
8
by 830 F.2d 127 (9th Cir.1987). Here, it is important to note: Ms.
9
Firestack-Harvey was in her home (not, for example, a police station)
10
during her interaction with law enforcement officers on August 9,
11
2012. The encounter did not occur at night. It began about 10:47
12
a.m. and ended about 2:45 p.m. The officers removed their weapons
13
from their holsters when they approached Ms. Firestack-Harvey's front
14
door, and they initially held their weapons in a ready position, but
15
they did not point their weapons at her. Nor did they force their way
16
into her home. They waited for her to open the door. When that
17
happened, they explained their presence in matter-of-fact terms. They
18
19 did not shout at her or threaten her. Although they would not have
20 allowed her to leave the residence, they did not handcuff her. Given
21 the preceding circumstances, Ms. Firestack-Harvey was not in custody
22 when Detective Erdman advised her of her Miranda rights. Any

23 statements she made to law enforcement officers prior to that time

24 were not the product of custodial interrogation.

25

EDWARDS

26

Ms. Firestack-Harvey did not immediately invoke any of her

Order - 4

Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14

1 Miranda rights. Instead, she continued to attempt to demonstrate she

2 was (or they were?) complying with the state Medical Use of Cannabis

3 Act. To that end, she presented a number of medical marijuana

4 authorization cards. The officers challenged her assertion she was

5 complying with the MUCA, and they began to question her about the

6 names on the cards. At that point, she asked to speak to an attorney.
7
Her request erected a barrier. "[A]n accused . . . having expressed
8
his desire to deal with the police only through counsel, is not
9
subject to further interrogation by the authorities until counsel has
10
been made available to him, unless the accused himself initiates
11
further communication, exchanges, or conversations with the police."
12
Edwards, 451 U.S. at 484-85, 101 S.Ct. 1880. “The Edwards rule
13
applies ‘to interrogations, which consist of ‘any words or actions on
14
the part of the police (other than those normally attendant to arrest
15
and custody) that the police should know are reasonably likely to
16
elicit an incriminating response from the suspect.’” Mickey v. Ayers,
17
606 F.3d 1223, 1235 (9th Cir.2010) (quoting Rhode Island v. Innis, 446
18
19 U.S. 291, 301, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980)).

20

The officers initially honored Ms. Firestack-Harvey's request to

21 speak to an attorney. They allowed her to call her son, who is not an

22 attorney, and they would have allowed her to call attorney. For

23 whatever reason, she chose not to do so. The officers began searching

24 the residence in earnest. Although the record is unclear, it appears

25 they instructed Ms. Firestack-Harvey to remain in the living room of

26 her residence. She complied with their instructions. From time to

Order - 5

Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14

1 time, officers passed through the room while she was sitting in a

2 chair. She allegedly made statements explaining her decision to grow

3 marijuana and the uses to which she intended to put the marijuana she

4 grew. The United States must demonstrate she initiated the

5 conversation and, in doing so, waived her right to counsel. Oregon v.

6 Bradshaw, 462 U.S. 1039, 1044-45, 103 S.Ct. 2830, 77 L.Ed.2d 405

7
(1983).

8
Given the record as it now stands, it is very difficult to

9
determine how officers interacted with Ms. Firestack-Harvey after she
10
asked to speak to an attorney. One of the officers who spoke to her
11
is Stevens County Sheriff's Detective Michael D. Gilmore. He was
12
present when Detective Erdman advised Ms. Firestack-Harvey of her
13
Miranda rights. He heard her ask to speak with an attorney. At some
14
point thereafter, he told her it appeared to him the marijuana-growing
15
operation was a for-profit grow. He was cross-examined about his
16
comment during the first day of the evidentiary hearing (i.e., April
17

22, 2014):
18

19

Mr. Niesen:

And you expected that comment to elicit a

20

response, did you not?

21

Det. Gilmore:

No.

22

Mr. Niesen:

. . . she never responded to that?

23

Det. Gilmore:

. . . I was there for a couple of hours, so

24

there was small talk going on as we would go

25

through; like, "How long are we going to be

26

there? Why are you guys still here?" That

Order - 6

Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14

1

sort of thing.

2

. . . .

3

Det. Gilmore:

And that comment would have been in response

4

to that, to something of that nature.

5

Mr. Niesen:

. . . did she respond to that comment?

6

Det. Gilmore:

I don't recall her responding.

7
Mr. Niesen:

And at the time you made the comment, she was

8
still sitting in the . . . living room of the

9
house?

10

Det. Gilmore:

. . . actually, she did make the comment.

11
. . . .

12

Mr. Niesen:

What did she say?

13

Det. Gilmore:

She indicated that they weren't selling

14

marijuana to anybody outside -- whatever, her
15

immediate group was. And that they were just
16

sending it over for -- to make food stuffs
17

out of, to try to start up a business.
18

19 (Unofficial Transcript of Evidentiary Hearing at 33-34.)

20

The United States seems to concede Detective Gilmore discussed

21 the marijuana grow with Ms. Firestack-Harvey after she asked to speak

22 to an attorney. The United States also seems to concede Detective

23 Gilmore told her that he thought the grow was "a for-profit grow."

24 Detective Gilmore's comment was provocative. An objective law

25 enforcement officer would expect a comment of that sort to elicit an

26 incriminating response, and it did. In other words, Detective

Order - 7

Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14

1 Gilmore's assertion that, in his opinion, the grow was "a for-profit

2 grow" constituted interrogation. As such, his comment violated the

3 Edwards rule unless the United States can show that prior to the time

4 he made the comment, Ms. Firestack-Harvey had initiated conversation

5 concerning the grow. The United States claims she did. According to

6 Detective Gilmore, she asked the officers questions like "How long are

7
you going to be here?" and "Why are you guys still here?" The Court

8
has no reason to doubt she asked the questions attributed to her by

9
Detective Gilmore. However, by themselves, such questions do not
10
demonstrate she had changed her mind about speaking to an attorney.
11
To the contrary, her questions appear to reflect mere impatience with
12
the officers' presence in her home. Consequently, the Court concludes
13
the comments allegedly made by Ms. Firestack-Harvey -- viz., "they
14
weren't selling marijuana to anybody outside . . . her immediate
15
group" and "they were just sending [marijuana] . . . to make food
16
stuffs out of" -- must be excluded from her trial as violations of the
17

Edwards rule.
18

19

VOLUNTARINESS

20

Ms. Firestack-Harvey claims she was trying to comply with the

21 state Medical Use of Cannabis Act (“MUCA”). MUCA creates exemptions

22 from prosecution under the state Controlled Substances Act in state

23 court. See State v. Ellis, --- Wn. App. ----, ----, 315 P.3d 1170,

24 1173-74 (2014). MUCA is similar to an affirmative defense. See id.

25 A person who seeks to invoke MUCA’s protections must demonstrate he is

26 complying with its requirements. Ms. Firestack-Harvey alleges she

Order - 8

Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14

1 made statements to the officers in an effort to comply with MUCA’s

2 terms. She claims she was effectively compelled to incriminate

3 herself. That being the case, she argues the statements were

4 involuntary within the meaning of the Fifth Amendment. Her argument

5 is unpersuasive. In order to establish a Fifth Amendment violation,

6 she must identify coercive police conduct. Coercive conduct “‘is a

7
necessary predicate’” to a finding that a confession was given

8
involuntarily. United States v. Kelley, 953 F.2d 562, 565 (9th

9
Cir.1992) (quoting Colorado v. Connelly, 479 U.S. 157, 167, 107 S.Ct.
10
515, 522, 93 L.Ed.2d 473 (1986)). Coercion can be blatant (e.g.,
11
lengthy questioning, deprivation of food or sleep, or threats of
12
physical harm) or it can be subtle (e.g., certain forms of
13
psychological persuasion). Id. However, the existence of coercive
14
police conduct is in indispensable element of a Fifth Amendment claim.
15
To date, Ms. Firestack has failed to identify any conduct on the part
16
of the police that could be considered coercive in the constitutional
17

sense of the word. Thus, her involuntariness claim fails.
18

19

RULING

20

The statements Ms. Firestack-Harvey allegedly made to law

21 enforcement officers before she invoked her right to speak to an

22 attorney were not the product of custodial interrogation. Nor were

23 they involuntary. Consequently, they are not subject to exclusion

24 from her trial under the Fifth Amendment. Not so the statements she

25 allegedly made after she asked to speak to an attorney. The United

26 States has failed to demonstrate she initiated conversation with any

Order - 9

Case 2:13-cr-00024-TOR Document 282 Filed 04/29/14

1 law enforcement officer about the marijuana grow after that point.

2 All of the statements she made about the marijuana grow after she

3 asked to speak to an attorney -- e.g., "they weren't selling marijuana

4 to anybody outside . . . her immediate group" and "they were just
5 sending [marijuana] . . . to make food stuffs out of" -- must be
6 excluded from her trial under the Fifth Amendment.
7
IT IS HEREBY ORDERED:
8
"[Rhonda Firestack-Harvey's] Motion to Suppress” (ECF No. 206) is
9
granted in part and denied in part.
10
IT IS SO ORDERED. The District Court Executive is hereby
11
directed to enter this order and furnish copies to counsel.
12
DATED this 29th day of April, 2014.
13

14

s/Fred Van Sickle

Fred Van Sickle

15

Senior United States District Judge

16

17

18

19

20

21

22

23

24

25

26

Order - 10

 
 Case 2:13-cr-00024-TOR Document 284 Filed 04/29/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING MOTION TO COMPEL DISCOVERY

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses defendant Jason Zucker's

16 motion to compel discovery.

17

BACKGROUND

18

Jason Zucker is concerned he and his codefendants may be victims

19 of selective prosecution in violation of the equal protection
20 component of the Fifth Amendment. He seeks an order compelling the
21 United States to provide discovery that will either validate or
22 invalidate his concerns.
23
RULING
24
The test for evaluating selective prosecution claims is well
25
established. The defendants bear the burden of proof. In order to
26
prevail, they must prove both that a “federal prosecutorial policy had

Order - 1

Case 2:13-cr-00024-TOR Document 284 Filed 04/29/14

1 a discriminatory effect” and “that it was motivated by a

2 discriminatory purpose.” United States v. Armstrong, 517 U.S. 456,

3 465, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996) (internal punctuation and

4 citation omitted). Here, the defendants have made a prima facie

5 showing that federal prosecutors do not employ a uniform standard when

6 deciding whether to charge marijuana growers with violations of

7 federal law. Indeed, it appears that similar fact-patterns are

8
treated very differently depending upon which prosecutor is making the

9
charging decision. Nevertheless, the defendants have failed to

10
present any evidence that the decision to charge them was based upon
11
some improper factor, e.g., race or religion. Armstrong, 517 U.S. at
12
464, 116 S.Ct. 1480. Nor is there any reason to think they could make
13
such a showing if they were allowed to conduct discovery.
14
IT IS HEREBY ORDERED:
15

Defendant Jason Zucker's "Motion to Compel Discovery" (ECF No.
16

202) is denied.
17

18

IT IS SO ORDERED. The District Court Executive is hereby

19 directed to enter this order and furnish copies to counsel.

20

DATED this 29th day of April, 2014.

21
s/ Fred Van Sickle

22

Fred Van Sickle

Senior United States District Judge

23

24

25

26

Order - 2

 
 Case 2:13-cr-00024-TOR Document 285 Filed 04/29/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING JASON ZUCKER'S MOTION TO COMPEL THE UNITED STATES TO PROVIDE A BILL OF PARTICULARS

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses defendant Jason Zucker's
16 motion to compel the United States to provide a fill of particulars.
17
BACKGROUND
18
A six-count Indictment was filed on February 6, 2013. Count 1
19
charges all five defendants -- i.e., Rhonda Firestack-Harvey, Larry
20
21 Harvey, Michelle Gregg, Rolland Gregg, and Jason Zucker -- with the

22 crime of conspiracy to manufacture marijuana. 21 U.S.C. §§ 846,

23 841(a)(1). The conspiracy allegedly began on June 1, 2011, and
24
continued until August 16, 2012. No overt acts are alleged in Count
25
1. Count 2 charges all five defendants with the crime of
26
manufacturing marijuana. The crime allegedly began on June 1, 2011,

Order - 1

Case 2:13-cr-00024-TOR Document 285 Filed 04/29/14

1 and continued until August 16, 2012. Count 3 charges all five

2 defendants with the crime of possessing marijuana with the intent to
3 distribute it. The crime allegedly occurred on August 9, 2012. Count
4
4 charges all five defendants with the crime of distributing
5
marijuana. The crime allegedly occurred between October 23, 2011, and
6
November 18, 2011. Count 5 alleges all five defendants committed the
7
8 crime of possessing firearms in furtherance of drug trafficking

9 crimes, viz., the crimes alleged in Counts 1 through 4. Count 5

10 allegedly began on July 1, 2012, and continued until August 16, 2012.
11
Finally, Count 6 alleges Rhonda Firestack-Harvey and Larry Harvey
12
knowingly maintained a place for manufacturing marijuana. The crime
13
allegedly began on June 1, 2011, and continued until August 16, 2012.
14
15 Jason Zucker moves for an order compelling the United States to
16 provide a bill of particulars as to counts 2 through 5.

17

STANDARD

18

A United States District Court may direct the government to file

19
a bill of particulars. Fed.R.Crim.P. 7(f). "The purposes of a bill
20
of particulars are to minimize the danger of surprise at trial and to
21
provide sufficient information on the nature of the charges to allow
22

23 preparation of a defense. These purposes are served if the indictment

24 itself provides sufficient details of the charges and if the

25 Government provides full discovery to the defense." United States v.

26 Mitchell, 744 F.2d 701, 705 (9th Cir.1984) (citations omitted). See

Order - 2

Case 2:13-cr-00024-TOR Document 285 Filed 04/29/14

1 also United States v. Ayers, 924 F.2d 1468, 1480 (9th Cir.1991);

2 United States v. Giese, 597 F.2d 1170, 1180 (9th Cir.), cert. denied,
3 444 U.S. 979, 100 S.Ct. 480, 62 L.Ed.2d 405 (1979).
4
RULING
5
“In determining if a bill of particulars should be ordered in a
6
specific case, a court should consider whether the defendant has been
7
8 advised adequately of the charges through the indictment and all other

9 disclosures made by the government.” United States v. Long, 706 F.2d

10 1044, 1054 (9th Cir.1983). Here, the United States insists, and Mr.
11
Zucker does not deny, that it has provided extensive discovery to the
12
defendants. Assuming the United States is correct (and there is no
13
reason to question the accuracy of its assertion), Mr. Zucker should
14
15 have enough information about the charges that are set forth in the
16 Indictment so he can prepare any defense which may be available to

17 him.

18

IT IS HEREBY ORDERED:

19
Defendant Jason Zucker's "Motion to Compel a Bill of Particulars"
20
(ECF No. 200) is denied.
21
IT IS SO ORDERED. The District Court Executive is hereby
22

23 directed to enter this order and furnish copies to counsel.

24

DATED this 29th day of April, 2014.

25

s/ Fred Van Sickle

26

Fred Van Sickle

Senior United States District Judge

Order - 3

 
 Case 2:13-cr-00024-TOR Document 291 Filed 04/30/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING MICHELLE GREGG'S MOTION FOR A CONTINUANCE

12

13

THE COURT having considered defendant Michelle Gregg's motion for

14 a continuance; Now, therefore

15

IT IS HEREBY ORDERED:

16

Defendant Michelle Gregg's "Motion to Continue" (ECF No. 274) is

17
denied as moot.
18
IT IS SO ORDERED. The District Court Executive is hereby
19

directed to enter this order and furnish copies to counsel.
20

21

DATED this 30th day of April, 2014.

22
s/ Fred Van Sickle

23

Fred Van Sickle

Senior United States District Judge

24

25

26

Order - 1

 
 Case 2:13-cr-00024-TOR Document 292 Filed 04/30/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER DENYING MICHELLE GREGG'S MOTION TO SUPPRESS EVIDENCE SEIZED PURSUANT TO THE SEARCH WARRANT THAT WAS ISSUED BY A STATE SUPERIOR COURT JUDGE

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses one of the arguments

16 Michelle Gregg made in support of her motion to suppress.

17

BACKGROUND

18

Michelle Gregg insists the evidence that was available to Stevens

19 County Sheriff's Detective Loren A. Erdman on August 8, 2012,

20 indicated the persons who were growing marijuana at 939 Clugston-Onion

21 Creek Road, Colville, Washington, were doing so for medical purposes.

22 Had Detective Erdman presented such evidence to the state superior

23 court judge when he applied for a search warrant, says Ms. Gregg, the

24 judge would have been unable to find probable cause to believe the

25 growers were engaged in the illicit sale or distribution of marijuana.

26 In Ms. Gregg's opinion, the judge would have refused to authorize

Order - 1

Case 2:13-cr-00024-TOR Document 292 Filed 04/30/14

1 officers to search for evidence that is associated with drug

2 trafficking. Of course, that is not what happened. The judge did

3 authorize the officers to search for drug-trafficking evidence. Ms.

4 Gregg argues the search warrant was overbroad. According to her, the

5 warrant instructed law enforcement officers to search for items that

6 were outside the scope of probable cause.

7

STANDARD

8

The Fourth Amendment provides in part, “[N]o Warrants shall

9 issue, but upon probable cause . . . and particularly describing the

10 place to be searched, and the persons or things to be seized.” U.S.

11 Const. amend. IV. In order to satisfy the Warrant Clause of the

12 Fourth Amendment, a search warrant must be “specific.” United States

13 v. SDI Future Health, Inc., 568 F.3d 684, 702 (9th Cir.2009) (internal

14 punctuation and citation omitted). At a minimum, the warrant “must

15 make clear to the executing officer exactly what it is that he or she

16 is authorized to search for and seize. Id. (internal punctuation and

17 citation omitted). In addition, “there must be probable cause to

18 seize the particular things named in the warrant.” Id. (internal

19 punctuation and citation omitted).

20

RULING

21

As the Court has explained in a separate order (ECF No. 278),

22 Detective Erdman did not withhold exculpatory evidence in violation of

23 the Fourth Amendment. The affidavit he submitted to the judge

24 established probable cause to believe the persons who were growing

25 marijuana at 939 Clugston-Onion Creek Road were engaged in drug

26 trafficking. Consequently, the judge properly issued a warrant

Order - 2

Case 2:13-cr-00024-TOR Document 292 Filed 04/30/14

1 authorizing the officers to search for such evidence. The search

2 warrant was not overbroad.

3

IT IS HEREBY ORDERED:

4

“[Defendant Michelle Gregg’s] Motion . . . to . . . Suppress

5 Evidence” (ECF No. 213) is denied to the extent she argues the search

6 warrant that was issued on August 8, 2012, was a general warrant.

7

IT IS SO ORDERED. The District Court Executive is hereby

8 directed to enter this order and furnish copies to counsel.

9

DATED this 30th day of April, 2014.

10

s/ Fred Van Sickle

11

Fred Van Sickle

Senior United States District Judge

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

Order - 3

 
 Case 2:13-cr-00024-TOR Document 507 Filed 11/12/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4

5 UNITED STATES OF AMERICA,

6

Plaintiff,

7
v.

8

9

RHONDA FIRESTACK-HARVEY, LARRY HARVEY, MICHELLE GREGG, ROLLAND

10 GREGG, and JASON ZUCKER,

11

Defendants.

No. CR-13-24-FVS
ORDER GRANTING THE UNITED STATES' “MOTION IN LIMINE TO EXCLUDE DEFENSE WITNESSES”

12

13

THIS MATTER comes before the Court without oral argument based

14 upon the United States' "Motion in Limine to Exclude Defense

15 Witnesses." The United States is represented by Earl A. Hicks and

16 Caitlin A. Baunsgard. Defendant Larry Harvey is represented by Robert
17 R. Fischer.
18
BACKGROUND
19
On May 8, 2014, Larry Harvey filed a list of prospective
20
witnesses. His list provides a summary of each person's expected
21
testimony. On July 3, 2014, the United States filed a “Motion in
22
Limine to Exclude Defense Witnesses.” Not only does the United States
23
24 seek to exclude testimony concerning the alleged medical benefits of
25 marijuana, but also the United States seeks to exclude testimony

26 concerning the desirability of removing marijuana from the list of

Order - 1

Case 2:13-cr-00024-TOR Document 507 Filed 11/12/14

1 Schedule I drugs. Mr. Harvey filed a response on November 4th. While

2 he does not stipulate to the relief requested by the United States, he

3 recognizes it is consistent with the Court's prior rulings.

4

RULING

5
The Court has already addressed a number of evidentiary issues.

6
As Mr. Harvey acknowledges, he and his codefendants are bound by the
7
Court's prior rulings. They may not offer evidence indicating
8

marijuana has medical benefits. (Order Re Affirmative Defenses (ECF
9

10 No. 337) at 6-7.) Nor may they offer evidence challenging the

11 Attorney General's refusal to reschedule marijuana. (Order Denying

12 Rolland Gregg's Motion to Dismiss (ECF No. 409) at 4.) These rulings

13 remain in force.

14

IT IS HEREBY ORDERED:

15

The United States' "Motion in Limine to Exclude Defense Witness"

16
(ECF No. 413) is granted.1
17
IT IS SO ORDERED. The District Court Executive is hereby
18
directed to enter this order and furnish copies to counsel.
19
DATED this 12th day of November, 2014.
20

21

s/ Fred Van Sickle

Fred Van Sickle

22

Senior United States District Judge

23

24

25

1This ruling does not apply to the expected testimony of

26 Chris Conrad.

Order - 2

 
 Case 2:13-cr-00024-TOR Document 297 Filed 04/30/14

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3

4
5 UNITED STATES OF AMERICA, Plaintiff,
6
7
v.
8
RHONDA FIRESTACK-HARVEY, LARRY
9
HARVEY, MICHELLE GREGG, ROLLAND GREGG, and JASON ZUCKER,
10
Defendants.
11

No. CR-13-24-FVS
ORDER DENYING JASON ZUCKER'S REQUEST FOR AN ORDER PRECLUDING THE UNITED STATES FROM FILING AN INFORMATION UNDER 21 U.S.C. § 851(a)

12

13

THE DEFENDANTS have filed a number of motions. The Court

14 considered their motions at a pretrial conference that was held on

15 April 22 and 23, 2014. This order addresses defendant Jason Zucker's

16 request for an order precluding the United States from filing an

17 information under 21 U.S.C. § 851(a).

18

BACKGROUND

19

On February 6, 2013, a grand jury returned an Indictment charging

20 the defendants with violations of the Controlled Substances Act, 21

21 U.S.C. § 801 et seq. Counsel for Jason Zucker and counsel for the

22 United States have discussed the possibility of resolving the charges

23 against Mr. Zucker by means of a plea agreement. Mr. Zucker and the

24 United States have been unable to agree upon mutually acceptable

25 terms. Mr. Zucker alleges the United States has threatened to file an

26 information under 21 U.S.C. § 851(a) in the event he refuses to plead

Order - 1

Case 2:13-cr-00024-TOR Document 297 Filed 04/30/14

1 guilty upon terms that are acceptable to the United States. Mr.

2 Zucker alleges the United States' threat amounts to prosecutorial

3 vindictiveness. He moves for an order precluding the United States

4 from filing an 851(a) information.

5

RULING

6

During plea negotiations, a prosecutor "may threaten additional

7 charges and may carry through on this threat. . . . This action

8 alone does not violate a defendant's due process rights, nor does it

9 create a presumption of vindictiveness." United States v. Noushfar,

10 78 F.3d 1442, 1446 (9th Cir.1996). The Ninth Circuit has repeatedly

11 declined to limit prosecutorial discretion in the manner suggested by

12 Mr. Zucker. See, e.g., United States v. Kent, 649 F.3d 906, 912-14

13 (9th Cir.2011) ("a prosecutor who carries out a plea bargaining threat

14 to enhance charges against a defendant, despite the defendant's

15 willingness to plead guilty unconditionally, [does not] act[] with

16 impermissible vindictiveness"). Consequently, the Court must deny Mr.

17 Zucker's motion for an order precluding the United States from filing

18 an 851(a) information.

19

IT IS HEREBY ORDERED:

20

Jason Zucker's "Motion to Dismiss Enhancement on Grounds of

21 Vindictive Prosecution” (ECF No. 269) is denied.

22

IT IS SO ORDERED. The District Court Executive is hereby

23 directed to enter this order and furnish copies to counsel.

24

DATED this 30th day of April, 2014.

25

s/Fred Van Sickle

26

Fred Van Sickle

Senior United States District Judge

Order - 2

 
 Case 2:13-cr-00024-TOR Document 322 Filed 05/06/14

Michael C. Ormsby 1 United States Attorney 2 Eastern District of Washington
Earl A. Hicks 3 Assistant United States Attorney 4 Post Office Box 1494

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF W:,SHJNGTON
MAY 0 6 2014
SEAN F. McAVOY, CLERK -~:;S:PO:K;A:N;E.;W;A-S=H-IN=GDTOENPUTY

5

Spokane, WA 99210-1494 Telephone: (509) 353-2767

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8

UNITED STATES OF AMERICA,

)

9

)

13-CR-00024-FVS

10

Plaintiff,

) SUPERSEDING INDICTMENT

11

vs.

) ) Vio: 21 U.S.C. § 846

12

)

Conspiracy to Manufacture and

RHONDA LEE FIRESTACK-HARVEY, )

13 LARRY LESTER HARVEY,

)

Distribute 100 or More Marijuana Plants (Count 1)

14 MICHELLE LYNN GREGG,

)

15

ROLLAND MARK GREGG, and JASON LEE ZUCKER

)

21 U.S.C. § 841(a)(l) and 18

) u.s.c. § 2

16

)

Manufacture of 100 or More

17

Defendants.

)

Marijuana Plants (Count 2)

)

18

)

21 U.S.C. § 841(a)(1) and 18

19

) u.s.c. § 2

)

Distribution ofMarijuana

20

)

(Count 3)

21

)

)

18 U.S. C.§ 924(c)

22

)

Possession ofa Firearm In

23

)

Furtherance ofa Drug

)

Trafficking Crime (Count 4)

24

)

25

)

21 U.S.C. § 856(a)(1)

)

Maintaining Drug-Involved

26

)

Premise (Count 5 )

27

28
SUPERSEDING INDICTMENT - 1
P40SOSJJ.EHA.Firestack.docx

Case 2:13-cr-00024-TOR Document 322 Filed 05/06/14

1

The Grand Jury Charges:

2

3

COUNT 1

4

That beginning on a date unknown, but by on or about June 1, 2011, until on or

5 about August 16,2012, in the Eastern District of Washington, and elsewhere, the
6
7 Defendants, RHONDA LEE FIRESTACK-HARVEY, LARRY LESTER HARVEY,

8 MICHELLE LYNN GREGG, ROLLAND MARK GREGG, and JASON LEE
9 ZUCKER, did knowingly and intentionally combine, conspire, confederate and agree
10
11 together with each other and with other persons, both known and unknown to the Grand

12 Jury, to commit the following offenses against the United States, to wit: Manufacture of
13
100 or More Marijuana Plants and Distribution ofMarijuana, in violation of21 U.S.C. §
14
15 841(a)(1); all in violation of21 U.S.C. § 846.

16

COUNT2

17
Beginning on a date unknown, but by on or about June 1, 2011, until on or about
18
19 August 16,2012, in the Eastern District of Washington, the Defendants, RHONDA LEE

20 FIRESTACK-HARVEY, LARRY LESTER HARVEY, MICHELLE LYNN GREGG,
21
ROLLAND MARK GREGG, and JASON LEE ZUCKER, knowingly and intentionally 22 23 Manufactured 100 or more Marijuana plants, a Schedule I controlled substance, in

24 violation of21 U.S.C. § 841(a)(1), and 18 U.S.C. § 2.
25
26
27
28 SUPERSEDING INDICTMENT - 2
P40505JJ.EHA.Firestack.docx

Case 2:13-cr-00024-TOR Document 322 Filed 05/06/14

COUNT3
1

2

On or about and between October 23,2011 and November 18,2011, in the

3 Eastern District of Washington, the Defendants, RHONDA LEE
4
5 FIRESTACK-HARVEY, LARRY LESTER HARVEY, MICHELLE LYNN GREGG,
6 ROLLAND MARK GREGG, and JASON LEE ZUCKER, knowingly and intentionally
7 distributed Marijuana, a Schedule I controlled substance, in violation of21 U.S.C. §
8
9 841(a)(1), and 18 U.S.C. § 2.

10

COUNT4

11
That beginning on a date unknown, but by on or about July 1, 2012, until on or
12
13 about August 9, 2012, in the Eastern District of Washington, the Defendants, RHONDA

14 LEE FIRESTACK-HARVEY, LARRY LESTER HARVEY, MICHELLE LYNN
15
GREGG, ROLLAND MARK GREGG, and JASON LEE ZUCKER did knowingly and
16
17 willfully possess firearms, specifically: a Remington 870 Express Magnum 12 guage

18 shotgun with serial number C645218M; a Ruger LC 9 9mm pistol serial number 320-
19
76596; and a Tradewinds Husky model H-5000 7mm mag rifle serial number 324920, 20 21 in furtherance of a drug trafficking crime, to wit: Conspiracy to Manufacture 100 or

22 More Marijuana Plants, in violation of 21 U.S.C. § § 841(a)(l) and 846; Manufacture
23
of 100 or more Marijuana plants in violation of21 U.S.C. § 841(a)(l); and Distribution
24
25 ofMarijuana in violation of21 U.S.C. § 841(a)(1), and 18 U.S.C. § 2; all in violation

26 of 18 U.S.C. § 924(c)(l)(A)(i).
27
28 SUPERSEDING INDICTMENT - 3
P40505JJ.EHA.Firestack.docx

Case 2:13-cr-00024-TOR Document 322 Filed 05/06/14

 
 Case 2:13-cr-00024-TOR Document 510 Filed 11/14/14

1

2

3

4

5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF WASHINGTON

7 UNITED STATES OF AMERICA,

8

Plaintiff,

NO: 2:13-CR-24-FVS

9

v.

ORDER OF REASSIGNMENT

10 RHONDA LEE FIRESTACKHARVEY (1); LARRY LESTER
11 HARVEY (2); MICHELLE LYNN GREGG (3); ROLLAND MARK
12 GREGG (4); JASON LEE ZUCKER (5),
13 Defendants.
14

15

For reasons that are unnecessary to recite here, it has been determined that

16 this case shall be reassigned to Judge Thomas O. Rice.

17

Accordingly, IT IS HEREBY ORDERED:

18

1. This case is reassigned to Judge Rice for all further proceedings.

19

20

ORDER OF REASSIGNMENT ~ 1

Case 2:13-cr-00024-TOR Document 510 Filed 11/14/14

1

2. The Clerk of Court is directed to change the initials on this case docket

2

number to “TOR” and all future pleadings in this case shall so reflect this

3

reassignment.

4

The District Court Clerk is hereby directed to enter this Order, reset all

5 hearings before Judge Rice, and provide copies of this Order to counsel and to

6 Judge Rice.

7

DATED this 14th day of November 2014.

8

s/ Rosanna Malouf Peterson

9

ROSANNA MALOUF PETERSON

Chief United States District Court Judge

10

11

12

13

14

15

16

17

18

19

20

ORDER OF REASSIGNMENT ~ 2

 
 Case 2:13-cr-00024-TOR Document 579 Filed 02/12/15

1

2

3

4

5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF WASHINGTON

7 UNITED STATES OF AMERICA,

8

Plaintiff,

9

v.

10 RHONDA LEE FIRESTACKHARVEY (1),
11 LARRY LESTER HARVEY (2), MICHELLE LYNN GREGG (3),
12 ROLLAND MARK GREGG (4), and JASON LEE ZUCKER (5),
13 Defendants.
14

NO: 13-CR-0024-TOR-1 13-CR-0024-TOR-2 13-CR-0024-TOR-3 13-CR-0024-TOR-4 13-CR-0024-TOR-5
ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS

15

BEFORE THE COURT are Defendant Harvey’s Motion to Dismiss and/or

16 Enjoin Prosecution and Other Relief (ECF No. 541), Defendants’ Motion to

17 Dismiss as Required by Act of Congress (ECF No. 553), and Defendants’ Motion

18 for Reconsideration of Order (ECF No. 554). These motions were heard on

19 February 12, 2015, at the parties’ pretrial conference. The Court has reviewed the

20 record and the files therein, heard from counsel, and is fully informed.

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS ~ 1

Case 2:13-cr-00024-TOR Document 579 Filed 02/12/15

1

BACKGROUND

2

In August 2012, state and federal law enforcement officials executed a state

3 search warrant at Defendants Rhonda Firestack-Harvey and Larry Harvey’s

4 property, asserting probable cause that marijuana with no medicinal purpose was

5 being grown illegally. At the time of the search, Ms. Firestack-Harvey presented

6 five authorizations to grow medical marijuana. During the search, officers

7 discovered harvested marijuana, 74 marijuana plants, a scale, packaging material,

8 firearms, and records evidencing drug transactions. The United States asserts these

9 records indicate that Defendants possessed more than 72 ounces at one time,

10 participated in a marijuana grow operation with more than 10 people, and sold this 11 marijuana to people not part of the “collective garden.”1 As such, the United States

12 1 Under Washington’s Medical Use of Cannabis Act (“MUCA”), a qualifying 13 patient—that is, a person who has been diagnosed by a health care professional 14 with a terminal or debilitating disease—may possess no more than 15 cannabis 15 plants and 24 ounces of useable cannabis. RCW 69.51A.040(1). MUCA also 16 authorizes “collective gardens.” A collective garden, comprised of no more than 17 10 qualifying patients, may possess no more than 45 plants and 72 ounces of 18 useable cannabis. RCW 69.51A.085(1). No useable marijuana from the collective 19 garden can be delivered to anyone other than a member of the collective garden. 20 Id.

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS ~ 2

Case 2:13-cr-00024-TOR Document 579 Filed 02/12/15

1 contends that Defendants were engaged in a for-profit marijuana business in

2 violation of both state and federal law.

3

On May 6, 2014, a Grand Jury issued a Superseding Indictment, charging all

4 five defendants with the following: Conspiracy to Manufacture and Distribute 100

5 or More Marijuana Plants, Manufacture of 100 or More Marijuana Plants,

6 Distribution of Marijuana, Possession of a Firearm in Furtherance of a Drug

7 Trafficking Crime, and Maintaining Drug-Involved Premise. ECF No. 322. Trial

8 for this matter is currently set to begin on February 23, 2015. ECF No. 527.

9

On December 16, 2014, President Obama signed the 2015 fiscal year

10 appropriations bill. This legislation included the following rider:

11

None of the funds made available in this Act to the Department of

Justice may be used, with respect to the States of Alabama, Alaska,

12

Arizona, California, Colorado, Connecticut, Delaware, District of

Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine,

13

Maryland, Massachusetts, Michigan, Minnesota, Mississippi,

Missouri, Montana, Nevada, New Hampshire, New Jersey, New

14

Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah,

Vermont, Washington and Wisconsin, to prevent such States from

15

implementing their own State laws that authorize the use,

distribution, possession, or cultivation of medical marijuana.

16

17 Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. No.

18 113-235, § 538, 128 Stat. 2130 (2014) (emphasis added).

19

In the instant motions, Defendants move the Court to dismiss this action or

20 otherwise enjoin prosecution in light of the recent appropriations bill and its

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS ~ 3

Case 2:13-cr-00024-TOR Document 579 Filed 02/12/15

1 accompanying rider limiting the Department of Justice’s use of funds for the 2015

2 fiscal year. ECF Nos. 541, 553.

3

DISCUSSION

4

When determining whether an appropriations rider repeals or modifies an

5 existing law, courts focus on the language of the rider. Envtl. Def. Ctr. v. Babbitt,

6 73 F.3d 867, 871 (9th Cir. 1995). The Supreme Court has held that “[w]hen a

7 word is not defined by statute, we normally construe it in accord with its ordinary

8 or natural meaning.” Smith v. United States, 508 U.S. 223, 228 (1993). To

9 determine a word’s plain and ordinary meaning, the court may refer to standard

10 English language dictionaries. See id. at 228–29; United States v. Carona, 660

11 F.3d 360, 367 (9th Cir. 2011). Unless the language is unclear, the court should not

12 resort to legislative history as an interpretative device. Exxon Mobil Corp. v.

13 Allapattah Servs., Inc., 545 U.S. 546, 568 (2005) (“Judicial investigation of

14 legislative history has a tendency to become . . . an exercise in ‘looking over a

15 crowd and picking out your friends.’”) (citation omitted).

16

When interpreting statutory language, courts have long recognized the

17 cardinal rule that “repeals by implication are not favored.” Tenn. Valley Auth. v.

18 Hill, 437 U.S. 153, 189 (1978) (quoting Morton v. Mancari, 417 U.S. 535, 549

19 (1974)). “In practical terms, this ‘cardinal rule’ means that ‘in the absence of some

20 affirmative showing of an intention to repeal, the only permissible justification for

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS ~ 4

Case 2:13-cr-00024-TOR Document 579 Filed 02/12/15

1 a repeal by implication is when the earlier and later statutes are irreconcilable.’” Id.

2 at 190 (quoting Mancari, 417 U.S. at 550). “This rule ‘applies with even greater

3 force when the claimed repeal rests solely in an Appropriations Act.’” Envtl. Def.

4 Ctr., 73 F.3d at 871 (quoting Tenn. Valley Auth., 437 U.S. at 190).

5

Defendants’ motions urge this Court to find that the recent passage of the

6 appropriations bill and its accompanying rider constitutes an implied repeal or

7 modification of federal prosecutorial authority under the Controlled Substances

8 Act (“CSA”), 21 U.S.C. § 801 et seq., at least insofar as it applies to prosecution of

9 medical marijuana use in states authorizing such practices. According to

10 Defendants, this provision prohibits the Department of Justice from prosecuting

11 any medical marijuana patients in the 32 states that have their own regulatory

12 schemes, whether or not the federal government views the person as operating in

13 compliance with the state’s medical marijuana law.

14

This Court finds the plain language of the appropriations rider to be clear.

15 The Department of Justice is prohibited from spending 2015 fiscal year funds to

16 “prevent [the listed] States from implementing their own State laws that authorize

17 the use, distribution, possession, or cultivation of medical marijuana.” Pub. L. No.

18 113-235, § 538, 128 Stat. 2130 (emphasis added). The operative words under the

19 rider are prevent, implement, and authorize. Black’s Law Dictionary defines

20 “prevent” as “[t]o hinder or impede,” and “authorize” as “to formally approve; to

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS ~ 5

Case 2:13-cr-00024-TOR Document 579 Filed 02/12/15

1 sanction.” Black’s Law Dictionary 142, 1226 (8th ed. 2004). The Oxford English

2 Dictionary defines the verb form of implementation, “implement,” as “[t]o

3 complete, perform, carry into effect” or “to fulfil.” 7 Oxford English Dictionary

4 722 (2d ed. 1989).

5

Focusing on the plain language of the appropriations rider, the Department

6 of Justice cannot use 2015 fiscal year funds to hinder or impede a state’s

7 fulfillment of its laws sanctioning or approving the use, distribution, possession, or

8 cultivation of medical marijuana. Conversely, this rider does not disallow federal

9 use of funds to prosecute persons who are not in compliance with their state’s

10 medical marijuana laws because such prosecution does not interfere with

11 sanctioned conduct and otherwise remains illegal under federal law. Moreover,

12 this limitation applies only to the Department’s use of 2015 fiscal year funds.

13 Considering the strong policy against repeal by implication, paired with the plain

14 language of the appropriations rider, federal prosecutorial authority under the CSA

15 remains in effect. Accordingly, while this Court acknowledges the plain language

16 of the rider prevents the Department of Justice from using its 2015 fiscal year

17 funds in a manner that interferes with certain conduct sanctioned by state medical

18 marijuana laws, this Court declines to extend its limited language to further modify

19 or limit the reach of federal prosecutorial authority under the CSA.

20

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS ~ 6

Case 2:13-cr-00024-TOR Document 579 Filed 02/12/15

1

As applied here, the appropriations rider does not shield Defendants from

2 federal prosecution. Although Defendants attempt to frame this prosecution as

3 merely one of medical marijuana patients, the United States has proffered evidence

4 to demonstrate that Defendants were operating a for-profit marijuana business—

5 conduct outside the parameters of MUCA. According to the United States, the

6 records obtained from the search evidence the sale of marijuana to persons other

7 than qualifying patients participating in the oversized collective garden. Because

8 such conduct is not authorized or sanctioned by Washington’s medical marijuana

9 laws, even considering available affirmative defenses, the United States is not

10 prevented from using funds to prosecute this conduct under the recent

11 appropriations rider. Accordingly, Defendants’ motions to dismiss (ECF Nos. 541,

12 553) are DENIED.

13

Based on the appropriations rider, Defendants also seek reconsideration of

14 the Court’s Order at ECF No. 337, which precludes the introduction of evidence of

15 alleged compliance with MUCA. As explained above, the appropriations rider

16 prohibiting the Department of Justice from spending 2015 fiscal year funds neither

17 prevents this prosecution, nor makes Defendants’ alleged compliance with MUCA

18 relevant here. Defendants’ motion for reconsideration of this Court’s Order at ECF

19 No. 337 is DENIED.

20 //

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS ~ 7

Case 2:13-cr-00024-TOR Document 579 Filed 02/12/15

1 IT IS HEREBY ORDERED:

2

1. Defendant Harvey’s Motion to Dismiss and/or Enjoin Prosecution and

3 Other Relief (ECF No. 541) is DENIED.

4

2. Defendants’ Motion to Dismiss as Required by Act of Congress (ECF

5 No. 553) is DENIED.

6

3. Defendants’ Motion for Reconsideration of Order (ECF No. 554) is

7 DENIED.

8

The District Court Executive is directed to enter this order and provide

9 copies to counsel.

10

DATED February 12, 2015.

11

12

THOMAS O. RICE

United States District Judge

13

14

15

16

17

18

19

20

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS ~ 8

 
 Case 2:13-cr-00024-TOR Document 595 Filed 02/18/15

1

2

3

4

5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF WASHINGTON

7 UNITED STATES OF AMERICA,

8

Plaintiff,

9

v.

NO: 2:13-CR-0024-TOR-2
ORDER DISMISSING SUPERSEDING INDICTMENT

10 LARRY LESTER HARVEY,

11

Defendant.

12

BEFORE THE COURT is the United States’ Motion to Dismiss Pursuant to

13 Rule 48(a) (ECF No. 590). The Court has reviewed the motion and the file therein

14 and is fully informed. The United States moves the Court to dismiss the

15 Superseding Indictment against Defendant Larry Lester Harvey with prejudice due

16 to the Defendant’s serious health condition. For good cause shown, the Court

17 grants the motion.

18

Accordingly, IT IS HEREBY ORDERED:

19

20

ORDER DISMISSING SUPERSEDING INDICTMENT ~ 1

Case 2:13-cr-00024-TOR Document 595 Filed 02/18/15

1

1. The United States’ Motion to Dismiss Pursuant to Rule 48(a) (ECF No.

2

590) is GRANTED. The Court makes no judgment as to the merit or

3

wisdom of this dismissal.

4

2. The Superseding Indictment as to Defendant Larry Lester Harvey is

5

DISMISSED WITH PREJUDICE.

6

3. The jury trial scheduled for February 23, 2015, is stricken from the

7

Court’s calendar as to Defendant Larry Lester Harvey.

8

4. All pending motions as to Defendant Larry Lester Harvey are denied as

9

moot.

10

The District Court Executive is hereby directed to enter this Order and

11 provide copies to counsel, the U.S. Probation Office, and the U.S. Marshal’s

12 Service.

13

DATED February 18, 2015.

14

15

THOMAS O. RICE

United States District Judge

16

17

18

19

20

ORDER DISMISSING SUPERSEDING INDICTMENT ~ 2

 
 Case 2:13-cr-00024-TOR Document 625 Filed 03/03/15

1

FILED IN THE U.S. DISTRICT COURT

EASTERN DISTRICT OF WASHINGTON

2

MAR 03 2015

SEAN F. McAVOY, CLERK

3

-~~..,..,._._-DEPUTY
SPOKANE, WASHINGTON

4

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WASHINGTON

5

UNITED STATES OF AMERICA,
6 Plaintiff,

NO: 13-CR-0024-TOR-1

7
v.

VERDICT FORM

8 RHONDA LEE FIRESTACK-

9 HARVEY,

10

Defendant.

11

12

COUNT 1

13

1. We, the Jury, find Defendant RHONDA LEE FIRESTACK-HARVEY

G-vt "'- 14 (1/dT

'fY ~I Guilty) of the offense charged in Count 1 of

15 the Superseding Indictment: conspiracy to manufacture or distribute marijuana.

16

If you find the Defendant Not Guilty, proceed to paragraph 3 below. If you

17 find the Defendant Guilty as charged in Count 1 of the Superseding Indictment,

18 proceed to paragraph 2 below.

19 //

20 ''

VERDICT FORM~ 1

Case 2:13-cr-00024-TOR Document 625 Filed 03/03/15

1

2. We, the Jury, having found Defendant RHONDA LEE FIRESTACK-

2 HARVEY guilty of the offense charged in Count 1 of the Superseding Indictment,

3 further unanimously find:

4 If conspiracy to manufacture, marijuana was manufactured in the amount shown:

5

At least 100 marijuana plants

[ ]

6

Less than 100 marijuana plants but more than 50 marijuana plants [ ]

7

Less than 50 plants

[ )

8 And/or if conspiracy to distribute, marijuana distributed in the amount shown:

9

More than a small amount, with or without remuneration

[ ]

10

A small amount for no remuneration

[ ]

II

I2

I3

COUNT2

I4

3. We, the Jury, find Defendant RHONDA LEE FIRESTACK-HARVEY

{;u 15

I L'/'/

(Not Guilty /®ofthe offense charged in Count 2 as

I6 charged in of the Superseding Indictment: manufacture of marijuana.

I 7

If you find the Defendant Not Guilty, proceed to paragraph 5 below. If you

18 find the Defendant Guilty as charged in Count 2 of the Superseding Indictment,

19 proceed to paragraph 4 below.

1'0

4. We, the Jury, having found Defendant RfiONDA LEE FIRESTACK-

VERDICT FORM-- 2

Case 2:13-cr-00024-TOR Document 625 Filed 03/03/15

1 HARVEY guilty of the offense charged in Count 2 of the Superseding Indictment,

2 further unanimously find that marijuana was manufactured in the amount shown:

3

At least 100 marijuana plants

[ ]

4

X Less than 100 marijuana plants but more than 50 marijuana plants

5

Less than 50 plants

[ ]

6

7

8

COUNT3

9

5. We, the Jury, find Defendant RHONDA LEE FIRESTACK-HARVEY

!J/ac 10

(un-ry ~Guilty) ofthe offense in Count 3 ofthe

11 Superseding Indictment: distribution of marijuana

12

If you find the Defendant Not Guilty, proceed to paragraph 7 below. If you

13 find the Defendant Guilty as charged in Count 3 of the Superseding Indictment,

14 proceed to paragraph 6 below.

15

6. We, the Jury, having found Defendant RHONDA LEE FIRESTACK-

16 HARVEY guilty of the offense charged in Count 3 of the Superseding Indictment,

17 further unanimously find that marijuana was distributed in the amount shown:

18

More than a small amount, with or without remuneration

[ ]

19

A small amount for no remuneration

[ ]

20 II

VERDICT FORM,_ 3

Case 2:13-cr-00024-TOR Document 625 Filed 03/03/15

1

COUNT4

2

7. We, the Jury find Defendant RHONDA LEE FIRESTACK-HARVEY

J1hr-- 3

G--unry ~Guilty) of the offense charged in Count 4 of

4 the Superseding Indictment: possession of a firearm in furtherance of a drug

5 trafficking crime.

6

7

COUNTS

8

8. We, the Jury, find Defendant RHONDA LEE FIRESTACK-HARVEY

/Vcrr-GutwyE 9

G~ Guilty) ofthe offense charged in Count 5 of

10 the Superseding Indictment: using or maintaining a drug-involved premise.

11

12

3 , DATED March

2015.

13

14

(

15

PRESIDING JUROR

16

17

18

19

20

VFRnTrT FORM-- 4.

 
 Case 2:13-cr-00024-TOR Document 627 Filed 03/03/15

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

1

MAR 03 2015

2

SEAN F. McAVOY, CLERK SpOKANE, WASHINGTODNEPUTY

3

4

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WASHINGTON

5

UNITED STATES OF AMERICA,

6

NO: 13-CR-0024-TOR-3

Plaintiff,

7

v.

VERDICT FORM

8

MICHELLE LYNN GREGG,

9

Defendant.

10 1----------------------------~--------------------------~

11

12

COUNT 1

13

1. We, the Jury, find Defendant MICHELLE LYNN GREGG

/JrJcGu1 14

L.:TY ~Guilty) ofthe offense charged in Count I of

15 the Superseding Indictment: conspiracy to manufacture or distribute marijuana.

16

If you find the Defendant Not Guilty, proceed to paragraph 3 below. If you

17 find the Defendant Guilty as charged in Count 1 of the Superseding Indictment,

18 proceed to paragraph 2 below.

19 //

20 II

VERDICT FORM,_ 1

Case 2:13-cr-00024-TOR Document 627 Filed 03/03/15

1

2. We, the Jury, having found Defendant MICHELLE LYNN GREGG

2 guilty of the offense charged in Count 1 of the Superseding Indictment, further

3 unanimously find:

4 If conspiracy to manufacture, marijuana was manufactured in the amount shown:

5

At least 100 marijuana plants

[ ]

6

Less than 100 marijuana plants but more than 50 marijuana plants [ ]

7

Less than 50 plants

[ ]

8 And/or if conspiracy to distribute, marijuana distributed in the amount shown:

9

More than a small amount, with or without remuneration

[ ]

10

A small amount for no remuneration

[ ]

11

12

13

COUNT2

14

3. We, the Jury, find Defendant MICHELLE LYNN GREGG

15

&u Ty /l

(Not Guilty - @ o fthe offense charged in Count 2 as

16 charged in ofthe Superseding Indictment: manufacture of marijuana.

17

Ifyou find the Defendant Not Guilty, proceed to paragraph 5 below. lfyou

18 find the Defendant Guilty as charged in Count 2 of the Superseding Indictment,

19 proceed to paragraph 4 below.

20

4. We, the Jury, having found Defendant MICHELLE LYNN GREGG

VERDICT FORM-- 2

Case 2:13-cr-00024-TOR Document 627 Filed 03/03/15

~ 1 guilty of the offense charged in Count 2 of the Superseding Indictment, further

2 unanimously find that marijuana was manufactured in the amount shown:

3

At least 100 marijuana plants

[ ]

4

Less than 100 marijuana plants but more than 50 marijuana plants .t><l

5

Less than 50 plants

[ ]

6

7

8

COUNT3

9

5. We, the Jury, find Defendant MICHELLE LYNN GREGG

/IJ:;c: {ju 10

(~/Guilty) 1L:.'Y

of the offense in Count 3 ofthe

11 Superseding Indictment: distribution of marijuana

12

If you find the Defendant Not Guilty, proceed to paragraph 7 below. If you

13 find the Defendant Guilty as charged in Count 3 of the Superseding Indictment,

14 proceed to paragraph 6 below.

15

6. We, the Jury, having found Defendant MICHELLE LYNN GREGG

16 guilty of the offense charged in Count 3 of the Superseding Indictment, further

17 unanimously find that marijuana was distributed in the amount shown:

18

More than a small amount, with or without remuneration

[ ]

19

A small amount for no remuneration

[ ]

I 20 II

VERDICT FORM- 3

Case 2:13-cr-00024-TOR Document 627 Filed 03/03/15

1

COUNT4

2

7. We, the Jury find Defendant MICHELLE LYNN GREGG

Afo1{"5UI 3

~uilty) L T',l

of the offense charged in Count 4 of

1

4 the Superseding Indictment: possession of a firearm in furtherance of a drug

5 trafficking crime.

6

7

3 , DATED March

2015.

8

9

10

PRESIDING JUROR

11

12

13

14

15

16

17

18

19

20

VERDICT FORM-- 4

 
 Case 2:13-cr-00024-TOR Document 629 Filed 03/03/15

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

1

MAR 03 2015

2

SEAN F. McAVOY, CLERK -~~~~DEPUTY

SPOKANE. WASHINGTON

3

4

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WASHINGTON

5 UNITED STATES OF AMERICA,
6 Plaintiff,

NO: 13-CR-0024-TOR-4

7 v.

VERDICT FORM

8 ROLLAND MARK GREGG,

9 . Defendant.

11

12

COUNT 1

13

1. We, the Jury, find Defendant ROLLAND MARK GREGG

Abt Gu1 14

~.-ry @~Guilty) ofthe offense charged in Count I of

15 the Superseding Indictmen~: conspiracy to manufacture or distribute marijuana.

16

If you find the Defendant Not Guilty, proceed to paragraph 3 below. If you

17 find the Defendant Guilty as charged in Count 1 of the Superseding Indictment,

18 proceed to paragraph 2 below.

19 //

20 //

VERDICT FORM- 1

Case 2:13-cr-00024-TOR Document 629 Filed 03/03/15

1

2. We, the Jury, having found Defendant ROLLAND MARK GREGG

2 guilty of the offense charged in Count 1 ofthe Superseding Indictment, further

3 unanimously find:

4 If conspiracy to manufacture, marijuana was manufactured in the amount shown:

5

At least 100 marijuana plants

[ ]

6

Less than 100 marijuana plants but more than 50 marijuana plants [ J

7

Less than 50 plants

[ ]

8 And/or if conspiracy to distribute, marijuana distributed in the amount shown:

9

More than a small amount, with or without remuneration

[ ]

10

A small amount for no remuneration

[ ]

11

12

13

COUNT2

14

3. We, the Jury, find Defendant ROLLAND MARK GREGG

15

Gu ll.-TT\f

(Not

Guilty

/~ofthe CY

offense

charged

in

Count

2

as

16 charged in of the Superseding Indictment: manufacture of marijuana.

17

If you find the Defendant Not Guilty, proceed to paragraph 5 below. If you

18 find the Defendant Guilty as charged in Count 2 of the Superseding Indictment,

19 proceed to paragraph 4 below.

20

4. We, the Jury, having found Defendant ROLLAND MARK GREGG

VERDICT FORM- 2

Case 2:13-cr-00024-TOR Document 629 Filed 03/03/15

1 guilty of the offense charged in Count 2 ofthe Superseding Indictment, further

2 unanimously find that marijuana was manufactured in the amount shown:

3

At least 100 marijuana plants

[ ]

4

Less than I 00 marijuana plants but more than 50 marijuana plants ~

5

Less than 50 plants

[ ]

6

7

8

COUNT3

9

5. We, the Jury, find Defendant ROLLAND MARK GREGG

(1/o( fsu, 10

ry ~ 1-

Guilty) ofthe offense in Count 3 ofthe

11 Superseding Indictment: distribution of marijuana

12

If you find the Defendant Not Guilty, proceed to paragraph 7 below. If you

13 find the Defendant Guilty as charged in Count 3 of the Superseding Indictment,

14 proceed to paragraph 6 below.

15

6. We, the Jury, having found Defendant ROLLAND MARK GREGG

16 guilty of the offense charged in Count 3 of the Superseding Indictment, further

17 unanimously find that marijuana was distributed in the amount shown:

18

More than a small amount, with or without remuneration

[ ]

19

A small amount for no remuneration

[ ]

20 II

VERDICT FORM-- 3

Case 2:13-cr-00024-TOR Document 629 Filed 03/03/15

1

COUNT4

2

7. We, the Jury find Defendant ROLLAND MARK GREGG

-/lbrGu!Liy 3

Gu~ €ot

Guilty) of the offense charged in Count 4 of

4 the Superseding Indictment: possession of a firearm in furtherance of a drug

5 trafficking crime.

6

7

DATED March _3 , 2015.

8

9

,, •

I

I

I.

;

10

PRESIDING JUROR

1 1

12

13

14

15

16

17

18

19

20

VERDICT FORM-- 4

 
 Case 2:13-cr-00024-TOR Document 637 Filed 03/10/15

1

2

3

4

5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF WASHINGTON

7 UNITED STATES OF AMERICA,

8

Plaintiff,

9

v.

10 JASON LEE ZUCKER,

NO: 2:13-CR-0024-TOR-5
ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING SCHEDULE

11

Defendant.

12

On February 24, 2015, Jason Lee Zucker appeared before the Court and

13 entered a plea of guilty to Count One of the Superseding Indictment filed on May

14 6, 2014, charging him with Conspiracy to Manufacture and Distribute 100 or More

15 Marijuana Plants in violation of 21 U.S.C. §§ 841(a)(1) and 846. The Defendant

16 was represented by Frank L. Cikutovich. The Government was represented by

17 Caitlin A. Baunsgard.

18

The Court finds that Defendant is fully competent and capable of entering an

19 informed plea, that the Defendant is aware of the nature of the charges and

20 consequences of the plea and the plea of guilty is knowing, and voluntary, is not

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING SCHEDULE ~ 1

Case 2:13-cr-00024-TOR Document 637 Filed 03/10/15

1 induced by fear, coercion, or ignorance and is supported by an independent basis in

2 fact establishing each of the essential elements of the crime. Therefore, the

3 Defendant’s plea of guilty is accepted.

4

ACCORDINGLY, IT IS HEREBY ORDERED:

5

1. A sentencing hearing is set for June 17, 2015, at 9:00 a.m., in Spokane,

6 Washington. Absent truly exigent circumstances, the Court will not consider a

7 request for a continuance of sentencing unless: (1) the request is made by written

8 motion, (2) in accordance with Local Rule 7.1, and (3) the motion and supporting

9 declaration are filed at least seven (7) days before the scheduled sentencing

10 hearing.

11

2. The Defendant shall remain released pursuant to the conditions of

12 release previously imposed in this matter. ECF No. 110. If a sentence of

13 incarceration is imposed, the Defendant shall be taken into custody at the time

14 of sentencing.

15

3. The United States Probation Office shall prepare a Presentence Report.

16 Fed. R. Crim. P. 32(c).

17

4. Not later than May 6, 2015, the probation officer shall disclose the

18 Presentence Investigation Report (PSIR) to the Defendant, counsel for Defendant,

19 and the Government. Disclosure of the Presentence Investigation Report shall be

20

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING SCHEDULE ~ 2

Case 2:13-cr-00024-TOR Document 637 Filed 03/10/15

1 subject to the limitations imposed by Rule 32 of the Federal Rules of Criminal

2 Procedure.

3

5. Not later than May 15, 2015, counsel shall communicate in writing to

4 the probation office (and opposing counsel) any objections they may have as to

5 legal and factual errors or omissions; sentencing classifications; sentencing

6 guideline ranges; and policy statements contained in or omitted from the report. If

7 an objection is filed, the probation officer shall conduct such additional

8 investigation as is necessary to assess the merits of the objection.

9

6. The probation officer shall submit the final Presentence Report to the

10 Court by June 3, 2015. The report shall be accompanied by an addendum setting

11 forth any objections counsel may have made, including those that have not been

12 resolved, together with the officer’s comments and recommendations thereon.

13

7. Not later than June 3, 2015, counsel shall file and serve all motions and

14 memoranda pertaining to Defendant's sentence, including departures and variances,

15 and sentencing recommendations. FAILURE TO FILE AND SERVE A MOTION

16 OR MEMORANDUM FOR UPWARD OR DOWNWARD DEPARTURE AND

17 VARIANCES BY THIS DATE WILL BE DEEMED A WAIVER OF THE

18 RIGHT TO DO SO.

19

8. Not later than June 10, 2015, the opposing party shall file and serve its

20 response limited to no more than seven (7) pages.

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING SCHEDULE ~ 3

Case 2:13-cr-00024-TOR Document 637 Filed 03/10/15

1

IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

2 this Order and provide copies to counsel and to the United States Probation Office.

3

DATED March 10, 2015.

4

5

THOMAS O. RICE

UNITED STATES DISTRICT JUDGE

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING SCHEDULE ~ 4

 
 1

2

3

4

5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF WASHINGTON

7 UNITED STATES OF AMERICA,

8

Plaintiff,

9

v.

10 ROLLAND M. GREGG, et al.,

NO: 13-CR-0024-TOR
ORDER DENYING DEFENDANTS’ MOTION FOR ACQUITTAL AND NEW TRIAL

11

Defendants.

12

BEFORE THE COURT is Defendants’ Motion for Judgment of Acquittal

13 and for New Trial (ECF No. 644).1 This matter was submitted for consideration

14 without argument. The Court has reviewed the record and files herein, and is fully

15 informed.

16 //

17 1 The Court considers this motion filed by Rolland M. Gregg, individually, as a 18 motion filed by all other Defendants according to the Court’s Order at ECF No. 19 180 at 2. 20

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 1

1

BACKGROUND

2

On March 3, 2015, after a four-day trial, a jury found each Defendant guilty

3 of manufacture of marijuana in an amount less than 100 but more than 50

4 marijuana plants in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. ECF

5 Nos. 625 at 2-3, 627 at 2-3, 629 at 2-3. The jury acquitted Defendants on all other

6 counts within the Superseding Indictment. See ECF Nos. 625, 627, 629. On

7 March 17, 2015, Defendants moved for a judgment of acquittal and a new trial.

8 ECF No. 644.

9

DISCUSSION

10 A. Motion for Judgment of Acquittal Under Rule 29

11

Federal Rule of Criminal Procedure 29 allows a criminal defendant to move

12 for a judgment of acquittal following a jury verdict. Fed. R. Crim. P. 29(c). The

13 Court may not grant a Rule 29 motion if, “viewing the evidence in the light most

14 favorable to the prosecution, ‘any rational trier of fact could have found the

15 essential elements of the offenses charged beyond a reasonable doubt.’” United

16 States v. Rosales, 516 F.3d 749, 751-52 (9th Cir. 2008) (quoting United States v.

17 Hinton, 222 F.3d 664, 669 (9th Cir. 2000)). The Court must presume the jury

18 resolved any conflicting inferences in the government’s favor. Id. at 752.

19

Here, the Court provided the following jury instruction as to Count 2 of the

20 Superseding Indictment, manufacture of marijuana: “In order for each Defendant

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 2

1 to be found guilty of [manufacture of marijuana], the Government must prove each

2 of the following elements beyond a reasonable doubt: First, the Defendant

3 knowingly manufactured marijuana; and Second, the Defendant knew that it was

4 marijuana.” ECF No. 621 at 25 (Final Instruction No. 22). The Court also

5 instructed the jury that a Defendant may be convicted of manufacture of marijuana

6 if he or she aided and abetted another in committing this offense. Id. at 26 (Final

7 Instruction No. 23). Finally, this Court instructed the jury that if a Defendant is

8 found guilty of the charge, it was to unanimously find beyond a reasonable doubt

9 the amount of marijuana manufactured. Id. at 27 (Final Instruction No. 24).

10

Over the course of the trial, the government presented the following

11 evidence, as offered through witness testimony and graphic evidence, in support of

12 Count 2 of the Superseding Indictment: (1) law enforcement officials, pursuant to a

13 valid search warrant, located the marijuana grow near the Firestack-Harvey

14 residence; (2) waterlines, storage tanks, and pumps were located near the grow and

15 a power line ran from the shed on the property to the grow; (3) officials found 74

16 marijuana plants growing in the area; (4) the outbuilding on the property was

17 equipped with drying racks, labeled by marijuana type; (5) officials found a large

18 container of processed marijuana, some of which was vacuum sealed and labeled,

19 in the den of the residence, as well as a vacuum sealer, plastic bags for the vacuum

20 sealer, and a digital scale; (6) the den also contained paperwork evidencing

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 3

1 growing and harvesting of marijuana and possible drug records during 2011 and

2 2012; (7) as testified to by Jason Zucker at trial, each of the Defendants assisted in

3 the marijuana grow in both 2011 and 2012, and he had purchased the items used to

4 establish the operation, including providing 75 plants in both years; and (8) finally,

5 the officers found computer files, obtained from a computer at the Firestack-

6 Harvey residence, depicting images dated 2011 of the Defendants at the grow

7 operation, a large quantity of marijuana being dried, and electronic copies of the

8 purported drug records found in the den.

9

Viewing all evidence together in the light most favorable to the prosecution,

10 the Court concludes that the evidence was sufficient to find, beyond a reasonable

11 doubt, Defendants guilty of the manufacture of at least 50 but not more than 100

12 marijuana plants, a crime under federal law. See Rosales, 516 F.3d at 751-52.

13 Defendants have never denied that law enforcement officers found approximately

14 75 growing marijuana plants during the August 2012 search of the Firestack-

15 Harvey residence; rather, they have maintained these plants were lawfully grown

16 for their medical needs under Washington state law. See ECF No. 644 at 2.

17 Accordingly, a judgment of acquittal is not warranted here.

18 ///

19 ///

20 ///

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 4

1 B. Motion for New Trial Under Rule 33

2

Federal Rule of Criminal Procedure 33(a) allows a court to “vacate any

3 judgment and grant a new trial if the interest of justice so requires.” Fed. R. Crim.

4 P. 33(a). “A district court’s power to grant a motion for a new trial is much

5 broader than its power to grant a motion for judgment of acquittal.” United States

6 v. A. Lanoy Alston, D.M.D., P.C., 974 F.2d 1206, 1211 (9th Cir. 1992). “The

7 district court need not view the evidence in the light most favorable to the verdict;

8 it may weigh the evidence and in so doing evaluate for itself the credibility of the

9 witnesses.” Id. (citation omitted).

10

As the Court’s review of the evidence above indicates, the evidence, viewed

11 in a light most favorable to the prosecution, did not weigh heavily against a finding

12 of guilt. Further, pursuant to this Court’s power to weigh the evidence presented,

13 this Court finds that the Government’s witnesses testified credibly and that the

14 corroborating evidence strongly supported a guilty verdict as to Count 2 of the

15 Superseding Indictment. Thus, this Court concludes no serious miscarriage of

16 justice will occur based upon the weight of the evidence.

17

This Court now turns to the following four contentions raised by Defendants

18 in the instant motion to determine if a new trial is nonetheless warranted: (1) the

19 duplicity flaw in Count 2 Superseding Indictment, (2) the prosecution’s

20 constructive amendment of Count 2 of the Superseding Indictment at trial, (3) the

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 5

1 exclusion of medical evidence that would have aided the defense, and (4) the

2 unconstitutional prosecution and scheduling of marijuana under the Controlled

3 Substances Act (“CSA”) despite marijuana’s purported medical benefits. ECF No.

4 644 at 4-10. The Court considers each contention in turn.

5

1. Duplicity

6

“An indictment is duplicitous when it joins two or more distinct and separate

7 offenses into a single count.” United States v. Mancuso, 718 F.3d 780, 792 (9th

8 Cir. 2013). “One vice of duplicity is that a jury may find a defendant guilty on a

9 count without having reached a unanimous verdict on the commission of a

10 particular offense.” United States v. Garcia, 400 F.3d 816, 819 (9th Cir. 2005)

11 (quoting United States v. Ramirez-Martinez, 273 F.3d 903, 913 (9th Cir. 2001)).

12 When reviewing an indictment for duplicity, the court “is not to review the

13 evidence presented at trial to determine whether it would support charging several

14 crimes rather than one, but rather solely to assess whether the indictment itself can

15 be read to charge only one violation in each count.” Mancuso, 718 F.3d at 792

16 (citation omitted). However, “[t]he continuous nature of an offense prevents the

17 indictment from being duplicitous.” Id. (citation omitted). “A continuous offense

18 is a continuous, unlawful act or series of acts set on foot by a single impulse.” Id.

19 (citation omitted).

20

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 6

1

Defendants assert that the Government impermissibly combined two

2 separate acts into Count 2 of the Superseding Indictment: alleged manufacture of

3 marijuana in 2011 and alleged manufacture of marijuana in 2012. ECF No. 644 at

4 5-8. Because the Government’s manufacture charge was based on the belief that

5 Defendants grew the same number of plants in 2012, approximately 75 marijuana

6 plants, as in 2011, Defendants assert that the Government combined these two

7 grows to indict a single charge of manufacture of more than 100 marijuana plants.

8 Id. at 5. The Government maintains, as it has throughout the proceedings before

9 this Court, that Defendants were involved in a continuous course of illegal conduct

10 starting in 2011; thus, Count 2 contains only one offense. ECF No. 650 at 4-5.

11

This Court’s duplicity review is limited to the Superseding Indictment itself

12 and whether it reads to charge only one violation in each count. Mancuso, 718

13 F.3d at 792. Here, Count 2 of the Superseding Indictment, the only count at issue

14 here, charged the following: “Beginning on a date unknown, but by on or about

15 June 1, 2011, until on or about August 16, 2012, in the Eastern District of

16 Washington, the Defendants . . . knowingly and intentionally Manufactured 100 or

17 more Marijuana plants, a Schedule 1 controlled substance, in violation of 21

18 U.S.C. § 841(a)(1), and 18 U.S.C. § 2.” ECF No. 322 at 2.

19

Defendants cite to United States v. Mancuso for the purportedly analogous

20 proposition that separate acts of distribution cannot be combined into a single

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 7

1 count. ECF No. 644 at 8; Mancuso, 718 F.3d at 793 (“[S]eparate acts of

2 distribution of controlled substances are distinct offenses under 21 U.S.C. §841(a),

3 as opposed to a continuing crime, and therefore must be charged in separate

4 counts.”). In particular, the Ninth Circuit held the defendant’s “various acts of

5 distribution to random friends and acquaintances, unassociated with each other in

6 any venture or pursuit, over the course of several years and in various locations

7 [was] not sufficiently related to justify charging him with one count alleging a

8 continuing distribution offense, as opposed to with distinct counts for each act of

9 distribution.” Mancuso, 718 F.3d at 793-94.

10

Unlike Mancuso, which interpreted the discrete act of distribution,2 here the

11 Government alleged one continuing crime of manufacturing spanning a period of

12 2 As defined under the CSA, the term “distribute” means “to deliver,” which in turn
13
is defined as the “actual, constructive, or attempted transfer of a controlled 14
substance.” 21 U.S.C. § 802(8), (11). As reasoned by the Second Circuit and 15
confirmed by the Ninth, distribution, under the plain language on the statute, is not 16
a continuing crime; rather, each transfer is a distinct offense. Mancuso, 718 F.3d at 17
793 (quoting United States v. Lartey, 716 F.2d 955, 967 (2d Cir. 1983)). The term 18
“manufacture,” on the other hand, means the “production, preparation, 19
propagation, compounding, or processing of a drug or other substance . . . and 20

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 8

1 two years, with ongoing participation by the same individuals, using the same

2 infrastructure and equipment, in the same location. While the actual planting,

3 growing, and harvesting may have been interrupted during non-growing months,

4 the Government charged Defendants with engaging in a continuous course of

5 illegal conduct, starting in 2011 and continuing into 2012; thus, in light of the

6 continuous nature of the offense charged, the indictment is not duplicitous. Id. at

7 792.

8

Moreover, duplicity in an indictment would constitute reversible error only

9 if defendants were misled to their prejudice. See United States v. Aguilar, 756

10 F.3d 1418, 1422 (9th Cir. 1985). This, Defendants have not shown.

11

2. Constructive Amendment

12

“[C]onstructive amendment occurs when the defendant is charged with one

13 crime but, in effect, is tried for another crime.” Id.; see also United States v.

14 Dipentino, 242 F.3d 1090, 1094 (9th Cir. 2001) (“A constructive amendment

15
includes any packaging,” with the discrete act of “production”—which includes 16
“planting, cultivating, growing, or harvesting”—as only one component of the 17
definition. 21 U.S.C. § 802(15), (22). Thus, manufacture may be comprised of a 18
continuous series of events. 19

20

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 9

1 ‘involves a change, whether literal or in effect, in the terms of the indictment.’”

2 quoting Jones v. Smith, 231 F.3d 1227, 1232 (9th Cir. 2000)). The Ninth Circuit

3 has found constructive amendment of an indictment where “(1) there is a complex

4 of facts presented at trial distinctly different from those set forth in the charging

5 instrument, or (2) the crime charged in the indictment was substantially altered at

6 trial, so that it was impossible to know whether the grand jury would have indicted

7 for the crime actually proved.” Id. (quoting Adamson, 291 F.3d at 615).

8

Here, Defendants assert that although the Superseding Indictment alleges a

9 continuing violation in Count 2, the prosecution abandoned this theory and only

10 presented evidence of two separate growing seasons. ECF No. 644 at 8-9. This

11 Court disagrees. The Government maintained their continuing violation theory at

12 trial, presenting evidence in support of their allegation that Defendants’ grow

13 operation spanned a period of two years: as demonstrated by witness testimony and

14 photographic evidence, the location and participants were the same and the

15 infrastructure and equipment, installed in 2011, remained in place and were

16 allegedly used both years. The evidence showed not only “planting, cultivating,

17 growing, and harvesting” of marijuana, it also showed a drying shed and evidence

18 of packaging and labeling at the same location by the same participants during the

19 same time frame. As the Superseding Indictment similarly charged one continuing

20

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 10

1 manufacturing violation, the Government did not constructively amend the

2 Superseding Indictment at trial.

3

3. Exclusion of Medical Marijuana Evidence

4

Defendants, once again, assert that this Court should have permitted them to

5 present evidence of their state medical marijuana authorizations. ECF No. 644 at

6 9; see also ECF Nos. 217, 310-311, 319, 320, 384. In response, the Government

7 resubmits previous argument. ECF No. 650 at 3; see also ECF Nos. 241, 241-1,

8 395, 565, 566.

9

As this Court has already ruled, “medical necessity is not a defense to

10 manufacturing and distributing marijuana.” United States v. Oakland Cannabis

11 Buyers’ Coop., 532 U.S. 483, 494 (2001); United States v. Halbert, 472 Fed.

12 App’x 461, 463 (9th Cir. 2012) (“The district court was correct in excluding

13 evidence of [defendant’s] proposed medical marijuana defense.”); United States v.

14 Schafer, 625 F.3d 629, 638 (9th Cir. 2010). Because such a defense is unavailable

15 under federal law, see Schafer, 625 F.3d at 637 (“A district court may preclude a

16 defense if the defendant fails to make a prima facie showing that he is eligible for

17 the defense”), any evidence to support such a defense was properly excluded.

18 Defendants’ frustration with this ruling is best addressed to Congress.

19 //

20 //

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 11

1

4. Unconstitutional Prosecution and Scheduling

2

Defendants also reassert argument that their constitutional rights have been

3 violated by being charged with manufacturing a substance for their medical needs,

4 ECF No. 644 at 10; see also ECF Nos. 205, 207, 209-212, 216, 222, 227, 257, and

5 that marijuana is unconstitutionally categorized as a Schedule I substance despite

6 its medicinal use, ECF No. 644 at 10; see also ECF No. 380. As this Court

7 previously found, Defendants constitutional challenges are foreclosed by prior

8 Ninth Circuit precedent. See ECF No. 283 (citing Sacramento Nonprofit 9 Collective v. Holder, 552 Fed. App’x 680, 683 (9th Cir. 2014)).3 Further,

10 regarding the argument as to the alleged improper scheduling of marijuana in light

11 of recent recognition of its health benefits, this is not a determination for this

12 Court. ECF No. 409. As the CSA currently reads, marijuana does not have any

13 federally recognized health benefits, see Gonzales, 545 U.S. at 14-15, and it is not

14 3 Judge Mueller of the Eastern District of California recently rejected the argument
15
that marijuana is unconstitutionally scheduled, reasoning that the CSA’s 16
prohibition of marijuana for all purposes passes constitutional muster under the 17
rational basis standard of review. United States v. Schweder, No. 2:11-CR-044918
KJM (ECF No. 391) (written order forthcoming). Judge Mueller also rejected the 19
defendants’ equal protection arguments. See id. 20

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 12

1 for this Court to say otherwise. Further, as this Court previously found, Congress’

2 recent Appropriations Rider, although acknowledging state sanctioned medical

3 marijuana use, did not repeal any portion of the CSA. ECF No. 579.

4

Accordingly, for the foregoing reasons, Defendants’ Motion for Judgment of

5 Acquittal and for New Trial (ECF No. 644) is DENIED.

6 IT IS HEREBY ORDERED:

7

Defendants’ Motion for Judgment of Acquittal and for New Trial (ECF No.

8 644) is DENIED.

9

The District Court Executive is directed to enter this Order and provide

10 copies to counsel.

11

DATED April 17, 2015.

12

13

THOMAS O. RICE

United States District Judge

14

15

16

17

18

19

20

ORDER DENYING MOTION FOR ACQUITTAL AND NEW TRIAL ~ 13

 
 1

2

3

4

5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF WASHINGTON

7 UNITED STATES OF AMERICA,

8

Plaintiff,

9

v.

10 RHONDA LEE FIRESTACK-

HARVEY, MICHELLE LYNN

11 GREGG, and ROLLAND MARK

GREG,

12

Defendants.

NO: 13-CR-0024-TOR-1 13-CR-0024-TOR-3 13-CR-0024-TOR-4
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS, TO ENJOIN, OR FOR STAYING OF SENTENCING

13

14

BEFORE THE COURT are Defendants’ Motion to Dismiss, to Enjoin, or

15 for Stay of Sentencing (ECF No. 671)1 and Motion to Expedite (ECF No. 672).

16 These matters were submitted for consideration without oral argument. The Court

17 has reviewed the record and the files therein, and is fully informed.

18 1 The Court considers this motion filed by Rolland M. Gregg, individually, as a 19 motion filed by the two other Defendants listed above, according to the Court’s 20 Order at ECF No. 180 at 2.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION ~ 1

1

BACKGROUND

2

In August 2012, state and federal law enforcement officials executed a state

3 search warrant at the Firestack-Harvey property, asserting probable cause that

4 marijuana with no medicinal purpose was being grown illegally. At the time of the

5 search, Ms. Firestack-Harvey presented five authorizations to grow medical

6 marijuana. During the search, officers discovered harvested marijuana, 74 7 marijuana plants,2 a scale, packaging material, firearms, and records evidencing

8 drug transactions.

9

On May 6, 2014, a Grand Jury issued a Superseding Indictment, charging

10 Defendants with the following: Conspiracy to Manufacture and Distribute 100 or

11 More Marijuana Plants, Manufacture of 100 or More Marijuana Plants,

12 Distribution of Marijuana, Possession of a Firearm in Furtherance of a Drug

13 Trafficking Crime. ECF No. 322. Additionally, Defendant Rhonda Firestack-

14 Harvey was charged with Maintaining Drug-Involved Premise. Id.

15 2 Based on the root structure, Defendants contend the officers seized only 68 16 plants; however, for purposes of counting marijuana plants, the focus is on the 17 stalk. United States v. Robinson, 35 F.3d 442, 447-48 (9th Cir. 1994) (“Each stalk 18 protruding from the ground and supported by its own root system should be 19 considered one plant, no matter how close to other plants it is and no matter how 20 intertwined are their root systems.”).

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION ~ 2

1

On March 3, 2015, after a four-day trial, a jury found each Defendant guilty

2 of manufacturing marijuana in an amount less than 100 but more than 50 marijuana

3 plants in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. ECF Nos. 625 at 2-

4 3; 627 at 2-3; 629 at 2-3. The jury acquitted Defendants on all other counts within

5 the Superseding Indictment. See ECF Nos. 625, 627, 629. Sentencing for this

6 matter is currently set for June 10, 2015, at 10:00 a.m. for all three Defendants.

7

In the instant motion, Defendants seek to dismiss this matter and/or enjoin

8 continued prosecution. ECF No. 671. Defendants, once again, assert argument

9 pursuant to Congress’ enactment of the Consolidated and Further Continuing

10 Appropriations Act, 2015, Pub. L. No. 113-235, § 538, 128 Stat. 2130 (2014)

11 (“None of the funds made available in this Act to the Department of Justice may be

12 used . . . to prevent [the State of Washington] from implementing [its] own State

13 laws that authorize the use, distribution, possession, or cultivation of medical

14 marijuana.”). In the alternative, Defendants request a continuance of sentencing

15 until both parties have received and reviewed the complete trial transcript and had

16 adequate time to prepare for sentencing. ECF No. 671 at 15. The Government

17 does not oppose a reasonable continuance of the sentencing until after the trial

18 transcript has been prepared and reviewed by the parties. ECF No. 694 at 2.

19 ///

20 ///

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION ~ 3

1

DISCUSSION

2

A. Motion to Dismiss and/or Enjoin Continued Prosecution

3

As this Court previously found, the appropriations rider “prevents the

4 Department of Justice from using its 2015 fiscal year funds in a manner that

5 interferes with certain conduct sanctioned by state medical marijuana laws.” ECF

6 No. 579 at 6. Nothing in the rider’s limited language further modified or limited

7 federal prosecutorial authority under the Controlled Substance Act. Id. As applied

8 to Defendants’ case, the Court found that the rider did not shield Defendants from

9 federal prosecution in light of evidence proffered by the United States

10 demonstrating that Defendants were operating a for-profit marijuana business—

11 conducted outside the parameters of Washington’s medical marijuana laws. Id. at

12 7 (“Because such conduct is not authorized or sanctioned by Washington’s medical

13 marijuana laws, even considering available affirmative defenses, the United States

14 is not prevented from using funds to prosecute this conduct under the recent

15 appropriations rider.”).

16

Defendants contend this ruling is no longer the law of the case because of

17 the jury’s “unqualified exoneration on the distribution count” in the Superseding

18 Indictment. ECF No. 671 at 4. As such, Defendants contend their instant Motion

19 to Dismiss is “radically different” from previous motions and concerns a “very

20 different factual presentation.” Id. This Court disagrees.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION ~ 4

1

In United States v. Watts, the Supreme Court held that “a jury’s verdict of

2 acquittal does not prevent the sentencing court from considering conduct

3 underlying the acquitted charge, so long as that conduct has been proved by a

4 preponderance of the evidence.” 519 U.S. 148, 157 (1997). As explained by the

5 Watts Court, an “acquittal on criminal charges does not prove that the defendant is

6 innocent; it merely proves the existence of a reasonable doubt as to his guilt.” Id.

7 at 155 (quoting United States v. One Assortment of 89 Firearms, 465 U.S. 354, 361 8 (1984)).3 And, contrary to Defendants’ contention here, an acquittal similarly does

9 not indicate that a jury “necessarily rejected” any facts supporting such acquitted

10 conduct. Id. Moreover, for purposes of sentencing, “[n]o limitation shall be

11 placed on the information concerning the background, character, and conduct of a

12 person convicted of an offense which a court of the United States may receive and

13 consider for the purpose of imposing an appropriate sentence.” 18 U.S.C. § 3661.

14 This includes restrictions imposed by the Rules of Evidence. Fed. R. Evid.

15 1101(d)(3) (“[The Rules of Evidence] do not apply to . . . sentencing.”).

16

17 3 Despite Defendants’ contentions, ECF No. 693 at 13-17, Watts is still binding on 18 this Court. See United States v. Mercado, 474 F.3d 654, 656 (9th Cir. 2007) 19 (holding that United States v. Booker, 543 U.S. 220 (2005), “did not strike Watts 20 from the jurisprudential books”).

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION ~ 5

1

Here, this Court finds the appropriations rider does not prevent continued

2 prosecution of this case in the sentencing phase. Although the jury acquitted

3 Defendants on four of five counts within the Superseding Indictment—that is, the

4 jury did not find each Defendant guilty beyond a reasonable doubt on four of the

5 five charges—the facts underlying this acquitted conduct may still be relevant for

6 the sentencing hearing during which the Government may attempt to prove

7 relevant conduct by a preponderance of the evidence. See Watts, 519 U.S. at 156

8 (“[A]n acquittal in a criminal case does not preclude the Government from

9 relitigating an issue when it is presented in a subsequent action governed by a

10 lower standard of proof.” (internal question marks and citation omitted)).

11 Accordingly, because the prosecution may present evidence at the sentencing

12 hearing concerning facts underlying the acquitted conduct, this Court finds that the

13 appropriations rider does not prevent the Government’s continued prosecution of

14 this case. Defendants’ Motion to Dismiss and/or Enjoin (ECF No. 671) is

15 DENIED.

16

B. Motion to Stay Sentencing

17

In general, a court must impose sentencing “without unnecessary delay.”

18 Fed. R. Crim. P. 32(b)(1). However, a court may, for “good cause,” change any

19 time limits prescribed by the Federal Rules of Criminal Procedure. Id. at 32(b)(2).

20

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION ~ 6

1

Here, Defendants seek, at a minimum, a stay of sentencing until both parties

2 have received and reviewed the complete trial transcript and had adequate time to

3 prepare for sentencing. ECF No. 671 at 15. In its response, the Government

4 agrees that a continuance of the sentencing hearing to allow time for preparation

5 and review of the trial transcript is appropriate. ECF No. 694. In order to give the

6 parties adequate time to prepare for the evidentiary nature of the sentencing

7 hearing, the Court finds good cause to grant a stay of the proceedings.

8 ACCORDINGLY, IT IS ORDERED:

9

1. Defendants’ Motion to Dismiss, to Enjoin, or for Stay of Sentencing

10 (ECF No. 671) is GRANTED in part and DENIED in part.

11

2. Defendants’ Motion to Expedite is GRANTED.

12

3. The sentencing hearings set for June 10, 2015, are vacated and continued

13 to October 2, 2015, at 9:00 a.m. Absent truly exigent circumstances, the Court

14 will not consider another request for a continuance of sentencing unless: (1) the

15 request is made by written motion, (2) in accordance with Local Rule 7.1, and (3)

16 the motion and supporting declaration are filed at least seven (7) days before the

17 scheduled sentencing hearing.

18

4. The Defendants shall remain released pursuant to the conditions of

19 release previously imposed in this matter. ECF Nos. 99, 78, and 76. If a sentence

20

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION ~ 7

1 of incarceration is imposed, the Defendant shall be taken into custody at the

2 time of sentencing.

3

5. The United States Probation Office has prepared and disclosed

4 Presentence Investigation Reports as to each Defendant pursuant Fed. R. Crim. P.

5 32.

6

6. Not later than August 31, 2015, counsel shall communicate in writing to

7 the probation office (and opposing counsel) any objections they may have as to

8 legal and factual errors or omissions; sentencing classifications; sentencing

9 guideline ranges; and policy statements contained in or omitted from the report. If

10 an objection is filed, the probation officer shall conduct such additional

11 investigation as is necessary to assess the merits of the objection.

12

7. The probation officer shall submit the final Presentence Report to the

13 Court by September 18, 2015. The report shall be accompanied by an addendum

14 setting forth any objections counsel may have made, including those that have not

15 been resolved, together with the officer’s comments and recommendations thereon.

16

8. Not later than September 18, 2015, counsel shall file and serve all

17 motions and memoranda pertaining to Defendant's sentence, including departures

18 and variances, and sentencing recommendations. FAILURE TO FILE AND

19 SERVE A MOTION OR MEMORANDUM FOR UPWARD OR DOWNWARD

20

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION ~ 8

1 DEPARTURE AND VARIANCES BY THIS DATE WILL BE DEEMED A

2 WAIVER OF THE RIGHT TO DO SO.

3

9. Not later than September 18, 2015, counsel shall file and serve a list

4 of witnesses (and exhibits) to be called at the sentencing hearing and an estimated

5 length of time needed for their testimony. Prior sworn trial testimony need not be

6 repeated, but rather, shall be cited in any sentencing memorandums filed with the

7 Court.

8

10. Not later than September 25, 2015, the opposing party shall file and

9 serve its response limited to no more than seven (7) pages.

10

11. If Defendants intend to qualify for the safety valve, the parties must

11 schedule a meeting and conduct a safety valve interview no later than August 3,

12 2015, in order for the Defendants to meet the requirements of U.S.S.G. §

13 5C1.2(a)(5).

14

The District Court Executive is directed to enter this order and provide

15 copies to counsel.

16

DATED June 5, 2015.

17

18

THOMAS O. RICE

United States District Judge

19

20

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION ~ 9

 
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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON
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Title & Section 21 U.S.C. §§ 841(a)(1), and 846

Nature of Offense Conspiracy to Manufacture and Distribute 100 or More Marijuana Plants

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SPECIAL CONDITIONS OF SUPERVISION
14) Defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis testing (which may include urinalysis or sweat patch), as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
15) Defendant shall undergo a substance abuse evaluation and, if indicated by a licensed/certified treatment provider, enter into and successfully complete an approved substance abuse treatment program, which could include inpatient treatment and aftercare. Defendant shall contribute to the cost of treatment according to his ability to pay. Defendant shall allow full reciprocal disclosure between the supervising officer and treatment provider.
16) Defendant shall submit his person, residence, office, vehicle and belongings to a search, conducted by a probation officer, at a sensible time and manner, based upon reasonable suspicion of contraband or evidence of violation of a condition of supervision. Failure to submit to search may be grounds for revocation. Defendant shall warn persons with whom he shares a residence that the premises may be subject to search.

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CRIMINAL MONETARY PENALTIES

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TOTALS

Assessment $100.00

Fine $5,000.00

Restitution $0.00

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Total Loss*

Restitution Ordered Priority or Percentage

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SCHEDULE OF PAYMENTS

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Defendant shall participate in the BOP Inmate Financial Responsibility Program. During the time of incarceration, monetary penalties are payable on a quarterly basis of not less than $200.00 per quarter.
While on supervised release, monetary penalties are payable on a monthly basis of not less than $500.00 per month or 10% of the defendant's net household income, whichever is larger, commencing 30 days after the defendant is released from imprisonment.
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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON
Oct 02, 2015
SEAN F. MCAVOY, CLERK

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JUDGMENT IN A CRIMINAL CASE
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Jeffrey Scott Niesen
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THE DEFENDANT

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2s of the Superseding Indictment (lesser included offense)

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Title & Section 21 U.S.C. § 841(a)(1),
(b)(1)(C) and 18 U.S.C. § 2

Nature of Offense Manufacture of Less than 100, but more than 50 Marijuana Plants

Offense Ended Count

08/16/12

2s

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1s, 3s, 4s, 5s of the Superseding Indictment

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10/2/2015

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The Honorable Thomas O. Rice
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Judge, U.S. District Court

10/2/2015
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IMPRISONMENT

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a year and a day

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Defendant be housed at FCI Dublin, CA and receive credit for the time served in federal custody prior to sentencing in this matter. Defendant participate in the BOP Inmate Financial Responsibility Program.

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3 years

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STANDARD CONDITIONS OF SUPERVISION
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SPECIAL CONDITIONS OF SUPERVISION
14) Defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis or sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
15) Defendant shall submit her person, residence, office, vehicle and belongings to a search, conducted by a probation officer, at a sensible time and manner, based upon reasonable suspicion of contraband or evidence of violation of a condition of supervision. Failure to submit to search may be grounds for revocation. Defendant shall warn persons with whom she shares a residence that the premises may be subject to search.

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CRIMINAL MONETARY PENALTIES

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TOTALS

Assessment $100.00

Fine $0.00

Restitution $0.00

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Name of Payee

Total Loss*

Restitution Ordered Priority or Percentage

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SCHEDULE OF PAYMENTS

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Defendant shall participate in the BOP Inmate Financial Responsibility Program. During the time of incarceration, monetary penalties are payable on a quarterly basis of not less than $25.00 per quarter.
While on supervised release, monetary penalties are payable on a monthly basis of not less than $25.00 per month or 10% of the defendant's net household income, whichever is larger, commencing 30 days after the defendant is released from imprisonment.

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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

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SEAN F. MCAVOY, CLERK

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MICHELLE LYNN GREGG

JUDGMENT IN A CRIMINAL CASE
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Bevan Maxey
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THE DEFENDANT

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2s of the Superseding Indictment (lesser included offense)

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Title & Section 21 U.S.C. § 841(a)(1)

Nature of Offense Manufacture of More than 50 but Less Than 100 Marijuana Plants

Offense Ended Count

08/09/12

2s

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10/2/2015

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The Honorable Thomas O. Rice
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Judge, U.S. District Court

10/2/2015
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IMPRISONMENT

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a year and a day

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Defendant receive credit for the time served in federal custody prior to sentencing in this matter. Defendant participate in the BOP Inmate Financial Responsibility Program.

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3 years

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STANDARD CONDITIONS OF SUPERVISION
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SPECIAL CONDITIONS OF SUPERVISION

14) Defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis or sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
15) Defendant shall submit her person, residence, office, vehicle and belongings to a search, conducted by a probation officer, at a sensible time and manner, based upon reasonable suspicion of contraband or evidence of violation of a condition of supervision. Failure to submit to search may be grounds for revocation. Defendant shall warn persons with whom she shares a residence that the premises may be subject to search.

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CRIMINAL MONETARY PENALTIES

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TOTALS

Assessment $100.00

Fine $2,000.00

Restitution $0.00

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SCHEDULE OF PAYMENTS

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Defendant shall participate in the BOP Inmate Financial Responsibility Program. During the time of incarceration, monetary penalties are payable on a quarterly basis of not less than $25.00 per quarter.
While on supervised release, monetary penalties are payable on a monthly basis of not less than $25.00 per month or 10% of the defendant's net household income, whichever is larger, commencing 30 days after the defendant is released from imprisonment.

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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON
Oct 02, 2015
SEAN F. MCAVOY, CLERK

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ROLLAND MARK GREGG

JUDGMENT IN A CRIMINAL CASE
&DVH1XPEHU 2:13CR00024-TOR-4 8601XPEHU 42847-086

Phil Telfeyan
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THE DEFENDANT

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2s of the Superseding Indictment (lesser included offense)

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Title & Section 21 U.S.C. § 841(a)(1),
(b)(1)(C) and 18 U.S.C. § 2

Nature of Offense Manufacture of Less than 100, but More then 50 Marijuana Plants

Offense Ended Count

08/31/12

2s

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1s, 3s, 4s of the Superseding Indictment

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10/2/2015

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The Honorable Thomas O. Rice
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Judge, U.S. District Court

10/2/2015
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IMPRISONMENT

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33 months

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Defendant be housed at Sheridan, Oregon FCI and receive credit for the time served in federal custody prior to sentencing in this matter. Defendant participate in the BOP Inmate Financial Responsibility Program.

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3 years

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STANDARD CONDITIONS OF SUPERVISION
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SPECIAL CONDITIONS OF SUPERVISION
14) Defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis or sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
15) Defendant shall submit his person, residence, office, vehicle and belongings to a search, conducted by a probation officer, at a sensible time and manner, based upon reasonable suspicion of contraband or evidence of violation of a condition of supervision. Failure to submit to search may be grounds for revocation. Defendant shall warn persons with whom he shares a residence that the premises may be subject to search.

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CRIMINAL MONETARY PENALTIES

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TOTALS

Assessment $100.00

Fine $7,500.00

Restitution $0.00

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Defendant shall participate in the BOP Inmate Financial Responsibility Program. During the time of incarceration, monetary penalties are payable on a quarterly basis of not less than $100.00 per quarter.
While on supervised release, monetary penalties are payable on a monthly basis of not less than $250.00 per month or 10% of the defendant's net household income, whichever is larger, commencing 30 days after the defendant is released from imprisonment.
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 Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 1 of 69
CLOSED,APPEAL,CASREF,FORFEIT−NOTICE,LC02,LOCATION−RELEASED
Eastern District of Washington U.S. District Court (Spokane) CRIMINAL DOCKET FOR CASE #: 2:13−cr−00024−TOR All Defendants

Case title: USA v. Firestack−Harvey et al

Date Filed: 02/06/2013 Date Terminated: 10/02/2015

Assigned to: Chief Judge Thomas O. Rice
Appeals court case number: 15−30311 Ninth Circuit

Defendant (1)
Rhonda Lee Firestack−Harvey TERMINATED: 10/02/2015

represented by Jeffrey Scott Niesen Jeffrey S Niesen Law Office 1411 W Pinehill Road Spokane, WA 99218 509−822−7140 Fax: 509−467−9205 Email: jsniesen1@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Pending Counts
21 USC 841(a)(1) and 18 USC 2 − MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2s)

Disposition
Imprisonment: One year and one day; Supervised Release: 3 years; Fine: waived; Special Penalty Assessment: $100.00.

Highest Offense Level (Opening) Felony

Terminated Counts
21 USC 846 −− CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1)
21 USC 846 − CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1s)
21 USC 841(a)(1) and 18 USC 2 −− MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2)
21 USC 841(A)(1) AND 18 USC 2 −− POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA (3)
21 USC 841(a)(1) and 18 USC 2 − DISTRIBUTION OF MARIJUANA

Disposition Dismissed
Dismissed Dismissed Dismissed Dismissed

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 2 of 69

(3s)
21 USC 841(a)(1) and 18 USC 2 −− DISTRIBUTION OF MARIJUANA (4)
18 USC 924(c) − POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME (4s)
18 USC 924(c) −− POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME (5)
21 USC 856(a)(1) − MAINTAINING DRUG−INVOLVED PREMISE (5s)
21 USC 856(A)(1) −− MAINTAINING DRUG−INVOLVED PREMISE (6)

Dismissed Dismissed Dismissed Dismissed Dismissed

Highest Offense Level (Terminated)
Felony

Complaints None

Disposition

Assigned to: Chief Judge Thomas O. Rice

Defendant (2)
Larry Lester Harvey Hearing Impaired TERMINATED: 02/18/2015

represented by Robert R Fischer Federal Defenders − SPO Eastern Washington 10 North Post Suite 700 Spokane, WA 99201 509−624−7606 Fax: 509−747−3539 Email: robert_fischer@fd.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment
Federal Public Defender − SPO Spokane Office North 10 Post Suite 700 Spokane, WA 99201 509−624−7606 Fax: 15097473539 Email: andrea_george@fd.org TERMINATED: 02/13/2013 Designation: Public Defender or

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 3 of 69
Community Defender Appointment
Matthew A Campbell Federal Defenders of Eastern Washington & Idaho 10 North Post Suite 700 Spokane, WA 99201 509−624−7606 Fax: 509−747−3539 Email: matt_campbell@fd.org TERMINATED: 02/19/2013 ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment
Syovata Edari Federal Defenders of Eastern Washington & Idaho 10 North Post Suite 700 Spokane, WA 99201 509−624−7606 Fax: 509−747−3539 TERMINATED: 07/09/2013 ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment

Pending Counts None

Disposition

Highest Offense Level (Opening) None

Terminated Counts
21 USC 846 −− CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1)
21 USC 846 − CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1s)
21 USC 841(a)(1) and 18 USC 2 −− MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2)
21 USC 841(a)(1) and 18 USC 2 − MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2s)
21 USC 841(A)(1) AND 18 USC 2 −− POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA (3)
21 USC 841(a)(1) and 18 USC 2 − DISTRIBUTION OF MARIJUANA (3s)

Disposition DISMISSED DISMISSED DISMISSED DISMISSED DISMISSED DISMISSED

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 4 of 69

21 USC 841(a)(1) and 18 USC 2 −− DISTRIBUTION OF MARIJUANA (4)
18 USC 924(c) − POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME (4s)
18 USC 924(c) −− POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME (5)
21 USC 856(a)(1) − MAINTAINING DRUG−INVOLVED PREMISE (5s)
21 USC 856(A)(1) −− MAINTAINING DRUG−INVOLVED PREMISE (6)

DISMISSED DISMISSED DISMISSED DISMISSED DISMISSED

Highest Offense Level (Terminated) Felony

Complaints None

Disposition

Assigned to: Chief Judge Thomas O. Rice
Appeals court case number: 15−30312 Ninth Circuit

Defendant (3)
Michelle Lynn Gregg TERMINATED: 10/02/2015

represented by Bevan Jerome Maxey Maxey Law Offices 1835 W Broadway Spokane, WA 99201 509−326−0338 Email: hollye@maxeylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Pending Counts
21 USC 841(a)(1) and 18 USC 2 − MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2s)

Disposition
Imprisonment: One year and one day; Supervised Release: 3 years; Fine: $2,000.00; Special Penalty Assessment: $100.00.

Highest Offense Level (Opening) Felony

Terminated Counts
21 USC 846 −− CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1)

Disposition Dismissed

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 5 of 69

21 USC 846 − CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1s)
21 USC 841(a)(1) and 18 USC 2 −− MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2)
21 USC 841(A)(1) AND 18 USC 2 −− POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA (3)
21 USC 841(a)(1) and 18 USC 2 − DISTRIBUTION OF MARIJUANA (3s)
21 USC 841(a)(1) and 18 USC 2 −− DISTRIBUTION OF MARIJUANA (4)
18 USC 924(c) − POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME (4s)
18 USC 924(c) −− POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME (5)

Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed

Highest Offense Level (Terminated)
Felony

Complaints None

Disposition

Assigned to: Chief Judge Thomas O. Rice
Appeals court case number: 15−30313 9CCA

Defendant (4)
Rolland Mark Gregg TERMINATED: 10/02/2015

represented by James F Irwin Irwin Law Firm Inc 358 E Birch Avenue Suite 202 Colville, WA 99114 509−684−9250 Email: atty_irwin@plix.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Phil Telfeyan

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 6 of 69
Equal Justice Under Law 916 G Street Northwest Suite 701 Washington, DC 20001 202−505−2058 Email: ptelfeyan@equaljusticeunderlaw.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained
Douglas Dwight Phelps Phelps & Associates 2903 North Stout Road Spokane, WA 99206 509−892−0467 Fax: 15099210802 Email: phelps@phelpslaw1.com TERMINATED: 11/06/2014 Designation: CJA Appointment

Pending Counts
21 USC 841(a)(1) and 18 USC 2 − MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2s)

Disposition
Imprisonment: 33 months; Supervised Release: 3 years; Fine: $7,500.00; Special Penalty Assessment: $100.00.

Highest Offense Level (Opening)
Felony

Terminated Counts
21 USC 846 −− CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1)
21 USC 846 − CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1s)
21 USC 841(a)(1) and 18 USC 2 −− MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2)
21 USC 841(A)(1) AND 18 USC 2 −− POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA (3)
21 USC 841(a)(1) and 18 USC 2 − DISTRIBUTION OF MARIJUANA (3s)
21 USC 841(a)(1) and 18 USC 2 −− DISTRIBUTION OF MARIJUANA

Disposition Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 7 of 69

(4)
18 USC 924(c) − POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME (4s)
18 USC 924(c) −− POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME (5)

Dismissed Dismissed

Highest Offense Level (Terminated)
Felony

Complaints None

Disposition

Assigned to: Chief Judge Thomas O. Rice
Appeals court case number: 15−30232 9CCA

Defendant (5)
Jason Lee Zucker TERMINATED: 07/24/2015

represented by J Tony Serra Law Office of J Tony Serra 506 Broadway San Francisco, CA 94133 415−986−5591 Fax: 415−421−1331 Email: jts@pier5law.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained
Taki V Flevaris Pacifica Law Group LLP 1191 Second Avenue Suite 2000 Seattle, WA 98101 206−245−1700 Email: taki.flevaris@pacificalawgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Frank Louis Cikutovich Stiley & Cikutovich PLLC 1403 West Broadway Spokane, WA 99201 509−323−9000 Fax: 15093249029 Email: FrankC@legaljoint.net TERMINATED: 08/26/2015 ATTORNEY TO BE NOTICED Designation: Retained
Robert Flennaugh , II

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 8 of 69
Law Office of Robert Flennaugh II 810 3rd Avenue Suite 500 Seattle, WA 98104 206−447−7422 Email: robert@flennaughlaw.com TERMINATED: 04/08/2013 ATTORNEY TO BE NOTICED Designation: Retained

Pending Counts
21 USC 846 − CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1s)

Disposition
Imprisonment: 16 months; Supervised Release: 4 years; Fine: $5,000.00; Special Penalty Assessment: $100.00.

Highest Offense Level (Opening)
Felony

Terminated Counts
21 USC 846 −− CONSPIRACY TO MANUFACTURE AND DISTRIBUTE 100 OR MORE MARIJUANA PLANTS (1)
21 USC 841(a)(1) and 18 USC 2 −− MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2)
21 USC 841(a)(1) and 18 USC 2 − MANUFACTURE OF 100 OR MORE MARIJUANA PLANTS (2s)
21 USC 841(A)(1) AND 18 USC 2 −− POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA (3)
21 USC 841(a)(1) and 18 USC 2 − DISTRIBUTION OF MARIJUANA (3s)
21 USC 841(a)(1) and 18 USC 2 −− DISTRIBUTION OF MARIJUANA (4)
18 USC 924(c) − POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME (4s)
18 USC 924(c) −− POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME

Disposition Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed Dismissed

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 9 of 69 (5)

Highest Offense Level (Terminated)
Felony

Complaints None

Disposition

Interested Party
Google Inc TERMINATED: 10/02/2015

represented by John Randall Tyler Perkins Coie LLP 1201 Third Ave Suite 4900 Seattle, WA 98101 206−359−3034 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Plaintiff USA

represented by Earl Allan Hicks U S Attorney's Office − SPO 920 W Riverside Suite 300 P O Box 1494 Spokane, WA 99210−1494 509−353−2767 Fax: 4623866 Email: USAWAE.EHicksECF@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Caitlin A Baunsgard U S Attorney's Office − SPO 920 W Riverside Suite 300 P O Box 1494 Spokane, WA 99210−1494 509−353−2767 Fax: 509−835−6397 Email: USAWAE.CBaunsgardECF@usdoj.gov ATTORNEY TO BE NOTICED

Date Filed 02/06/2013
02/06/2013 02/06/2013 02/06/2013

# Docket Text
1 INDICTMENT as to Rhonda Lee Firestack−Harvey (1) counts 1, 2, 3, 4, 5, 6; Larry Lester Harvey (2) counts 1, 2, 3, 4, 5, 6; Michelle Lynn Gregg (3) counts 1, 2, 3, 4, 5; Rolland Mark Gregg (4) counts 1, 2, 3, 4, 5; Jason Lee Zucker (5) counts 1, 2, 3, 4, 5. (S/CI) AUSA seeks detention. (LE, Case Administrator) (Entered: 02/07/2013)
3 Penalty Slip − FORFEITURE NOTICE − as to Rhonda Lee Firestack−Harvey. (LE, Case Administrator) (Entered: 02/07/2013)
4 Penalty Slip − FORFEITURE NOTICE − as to Larry Lester Harvey. (LE, Case Administrator) (Entered: 02/07/2013)
5 Penalty Slip − FORFEITURE NOTICE − as to Michelle Lynn Gregg. (LE, Case Administrator) (Entered: 02/07/2013)

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02/06/2013 02/06/2013 02/11/2013 02/11/2013 02/11/2013
02/11/2013
02/11/2013
02/11/2013 02/11/2013 02/11/2013 02/11/2013 02/11/2013 02/12/2013 02/12/2013 02/13/2013
02/13/2013 02/13/2013 02/14/2013

6 Penalty Slip − FORFEITURE NOTICE − as to Rolland Mark Gregg. (LE, Case Administrator) (Entered: 02/07/2013)
7 Penalty Slip − FORFEITURE NOTICE − as to Jason Lee Zucker. (LE, Case Administrator) (LE, Case Administrator). (Entered: 02/07/2013)
13 NOTICE OF HEARING By Court as to Larry Lester Harvey. Text entry; no PDF attached. Arraignment set for 2/11/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/11/2013)
14 MOTION for Detention Hearing by USA as to Larry Lester Harvey. (Hicks, Earl) (Entered: 02/11/2013)
15 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Arraignment / Initial Appearance held on 2/11/2013 as to Larry Lester Harvey (2). Not Guilty pleas were entered (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 02/11/2013)
16 ORDER APPOINTING FEDERAL DEFENDER as to Larry Lester Harvey. On the basis of the sworn financial statement, the court finds Defendant is financially unable to retain counsel. IT IS ORDERED the Federal Defenders of Eastern Washington are appointed to represent Defendant pursuant to Title 18 United States Code Sec. 3006A. Text entry;no PDF document will issue. This text−only entry constitutes the court order on the matter. Signed by Magistrate Judge Cynthia Imbrogno. (KR, Judicial Assistant) (Entered: 02/11/2013)
17 ORDER Following Arraignment/Initial Appearance as to Larry Lester Harvey; dft entered plea(s) of not guilty; Bail Hearing set for 2/14/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/11/2013)
18 ORDER REGARDING DISCOVERY, PRETRIAL MOTIONS, CONFLICT OF INTEREST as to Larry Lester Harvey. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/11/2013)
20 ASSERTION OF FIFTH AND SIXTH AMENDMENT RIGHTS by Larry Lester Harvey (LE, Case Administrator) (Entered: 02/11/2013)
21 ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Larry Lester Harvey (LE, Case Administrator) (Entered: 02/11/2013)
22 Consent to Appearance by Legal Intern by Larry Lester Harvey as to Larry Lester Harvey (LE, Case Administrator) (Entered: 02/11/2013)
Arrest of Michelle Lynn Gregg on 2/11/13 in Western Washington. (LE, Case Administrator) (Entered: 02/13/2013)
23 Arrest Warrant Returned Executed on 2/11/13 as to Larry Lester Harvey. (LE, Case Administrator) (Entered: 02/12/2013)
24 NOTICE OF HEARING By Court as to Michelle Lynn Gregg. Text entry; no PDF attached. Arraignment set for 2/22/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/12/2013)
25 NOTICE OF HEARING − By Court as to Larry Lester Harvey Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/21/2013 at 01:30 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/13/2013)
26 NOTICE OF ATTORNEY APPEARANCE: Matthew A Campbell appearing for Larry Lester Harvey (Campbell, Matthew) (Entered: 02/13/2013)
28 Arrest Warrant Returned Executed on 2/11/13 as to Michelle Lynn Gregg. (LE, Case Administrator) (Entered: 02/13/2013)
29 NOTICE to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 18 Order Regarding Discovery as to Larry Lester Harvey (Hicks, Earl) (Entered: 02/14/2013)

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02/14/2013
02/14/2013
02/14/2013
02/14/2013 02/14/2013 02/19/2013 02/19/2013 02/19/2013 02/19/2013 02/19/2013 02/19/2013
02/19/2013 02/19/2013
02/19/2013 02/19/2013 02/19/2013 02/20/2013 02/20/2013

30 APPOINTMENT ORDER. Type of Appointment: CJA. IT IS ORDERED that Bevan Jerome Maxey is appointed to represent Michelle Lynn Gregg in this matter. TEXT ONLY entry; no PDF document will issue. This text−only entry constitutes the court order or notice on the matter. Signed by Magistrate Judge Cynthia Imbrogno. (KR, Judicial Assistant) (Entered: 02/14/2013)
31 NOTICE OF HEARING By Court as to Rhonda Lee Firestack−Harvey, Rolland Mark Gregg, and Jason Lee Zucker. Text entry; no PDF attached. Arraignments set for 2/19/2013 at 3:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/14/2013)
33 ORDER REQUIRING CO−PAYMENT as to Michelle Lynn Gregg; Dft shall pay a $100 co−payment to USDC−WAED by 3/1/13, and on the 1st of each and every month thereafter during the pendency of this case or until further order of the court. Signed by Magistrate Judge Cynthia Imbrogno. (cc USDC−WAED Finance Dept.) (LE, Case Administrator) (Entered: 02/14/2013)
34 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Bail Hearing as to Larry Lester Harvey held on 2/14/2013 (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 02/14/2013)
35 ORDER GRANTING THE UNITED STATES' MOTION FOR DETENTION; granting 14 Motion for Detention as to Larry Lester Harvey (2). Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/14/2013)
36 MOTION for Detention Hearing by USA as to Rhonda Lee Firestack−Harvey. (Hicks, Earl) (Entered: 02/19/2013)
37 MOTION for Detention Hearing by USA as to Jason Lee Zucker. (Hicks, Earl) (Entered: 02/19/2013)
38 MOTION for Detention Hearing by USA as to Rolland Mark Gregg. (Hicks, Earl) (Entered: 02/19/2013)
39 MOTION for Detention Hearing by USA as to Michelle Lynn Gregg. (Hicks, Earl) (Entered: 02/19/2013)
40 NOTICE OF ATTORNEY APPEARANCE: Robert Flennaugh, II appearing for Jason Lee Zucker (Flennaugh, Robert) (Entered: 02/19/2013)
41 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Arraignment / Initial Appearance held on 2/19/2013 as to Rhonda Lee Firestack−Harvey (1) and Jason Lee Zucker (5) (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 02/19/2013)
42 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL. Attorney Matthew Campbell has withdrawn. Attorney Syovata K. Edari is substituted on behalf of defendant Larry Lester Harvey (Edari, Syovata) (Entered: 02/19/2013)
43 APPOINTMENT ORDER. Type of Appointment: CJA. IT IS ORDERED that Jeffrey Scott Niesen is appointed to represent Rhonda Lee Firestack−Harvey in this matter. TEXT ONLY entry; no PDF document will issue. This text−only entry constitutes the court order or notice on the matter. Signed by Magistrate Judge Cynthia Imbrogno. (JW, Operations Clk) (Entered: 02/19/2013)
48 ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Rhonda Lee Firestack−Harvey (LE, Case Administrator) (Entered: 02/20/2013)
50 ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Jason Lee Zucker (LE, Case Administrator) (Entered: 02/20/2013)
Arrest of Rolland Mark Gregg on 2/19/13. (LE, Case Administrator) (Entered: 02/21/2013)
44 NOTICE OF ATTORNEY APPEARANCE: Jeffrey Scott Niesen appearing for Rhonda Lee Firestack−Harvey (Niesen, Jeffrey) (Entered: 02/20/2013)
45 ORDER OF TEMPORARY DETENTION PENDING HEARING PURSUANT TO BAIL REFORM ACT as to Rhonda Lee Firestack−Harvey; Dft entered plea(s) of not guilty; dft shall be detained by USM; Bail Hearing set for 2/27/2013 at 01:30 PM in

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 12 of 69

02/20/2013
02/20/2013 02/20/2013
02/20/2013
02/20/2013 02/21/2013
02/21/2013
02/21/2013 02/21/2013
02/21/2013 02/21/2013 02/21/2013 02/22/2013 02/22/2013 02/22/2013 02/22/2013

Spokane before Magistrate Judge Cynthia Imbrogno. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/20/2013)
46 ORDER OF TEMPORARY DETENTION PENDING HEARING PURSUANT TO BAIL REFORM ACT as to Jason Lee Zucker; Dft entered plea(s) of not guilty; dft committed to custody of USM; Bail Hearing set for 2/27/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/20/2013)
47 ORDER REGARDING DISCOVERY, PRETRIAL MOTIONS, CONFLICT OF INTEREST as to Rhonda Lee Firestack−Harvey, Jason Lee Zucker. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/20/2013)
51 NOTICE OF HEARING − By Court − Text entry;no PDF document − as to Rhonda Lee Firestack−Harvey Pretrial Conference RESET for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 02/20/2013)
52 NOTICE OF HEARING − By Court − Text entry;no PDF document − as to Larry Lester Harvey Pretrial Conference RESET for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. The pretrial conference set for defendant Rhonda Lee Firestack−Harvey was set in error and is VACATED.(KJH, Judicial Assistant) (Entered: 02/20/2013)
53 NOTICE OF HEARING By Court as to Rolland Mark Gregg. Text entry; no PDF attached. Arraignment set for 2/22/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/20/2013)
54 NOTICE OF HEARING − By Court as to Rhonda Lee Firestack−Harvey Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/21/2013)
55 NOTICE OF HEARING − By Court as to Jason Lee Zucker Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/21/2013)
56 RULE 5 DOCUMENTS RECEIVED from USDC Western District of Washington as to Rolland Mark Gregg. (Attachments: # 1 Transmittal Letter)(LE, Case Administrator) (Entered: 02/21/2013)
59 NOTICE OF HEARING By Court as to Michelle Lynn Gregg and Rolland Mark Gregg. Text entry; no PDF attached. On request of counsel, Arraignments are reset for 2/22/2013 at 3:00 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/21/2013)
60 Arrest Warrant Returned Executed on 2/19/13 as to Rolland Mark Gregg. (LE, Case Administrator) (Entered: 02/21/2013)
61 Arrest Warrant Returned Executed on 2/19/13 as to Rhonda Lee Firestack−Harvey. (LE, Case Administrator) (Entered: 02/21/2013)
62 Arrest Warrant Returned Executed on 2/19/13 as to Jason Lee Zucker. (LE, Case Administrator) (Entered: 02/21/2013)
63 MEMORANDUM for Pre−Trial release by Rhonda Lee Firestack−Harvey as to Rhonda Lee Firestack−Harvey (Niesen, Jeffrey) (Entered: 02/22/2013)
64 NOTICE OF ATTORNEY APPEARANCE: Douglas Dwight Phelps appearing for Rolland Mark Gregg (Phelps, Douglas) (Entered: 02/22/2013)
65 NOTICE of Intent to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 47 Order Regarding Discovery as to Jason Lee Zucker (Hicks, Earl) (Entered: 02/22/2013)
66 NOTICE of Intent to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 47 Order Regarding Discovery as to Rhonda Lee Firestack−Harvey (Hicks, Earl) (Entered: 02/22/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 13 of 69

02/22/2013 02/22/2013 02/22/2013 02/22/2013 02/22/2013 02/22/2013 02/22/2013 02/22/2013
02/22/2013 02/22/2013 02/24/2013
02/25/2013
02/25/2013 02/25/2013 02/26/2013

67 ORDER REGARDING DISCOVERY, PRETRIAL MOTIONS, CONFLICT OF INTEREST as to Michelle Lynn Gregg. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/22/2013)
68 ORDER REGARDING DISCOVERY, PRETRIAL MOTIONS, CONFLICT OF INTEREST as to Rolland Mark Gregg. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/22/2013)
69 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Arraignment / Initial Appearance held on 2/22/2013 as to Michelle Lynn Gregg (3) Not Guilty pleas were entered. (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 02/22/2013)
70 ORAL MOTION for Reconsideration of Order of Release from the Western District of Washington by USA as to Rolland Mark Gregg. (LS, Courtroom Deputy) (Entered: 02/22/2013)
71 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Arraignment / Initial Appearance and Bail Hearing held on 2/22/2013 as to Rolland Mark Gregg (4). Not Guilty pleas were entered (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 02/22/2013)
73 Appearance Bond Posted as to Rolland Mark Gregg in amount of $50,000.00, Receipt Number N/A. (LE, Case Administrator) (Entered: 02/25/2013)
75 ORAL MOTION for appointment of counsel by Rolland Mark Gregg. (LS, Courtroom Deputy) (Entered: 02/25/2013)
78 ORDER FOLLOWING: INITIAL APPEARANCE, ARRAIGNMENT, MOTION DENIED; dft entered plea(s) of not guilty; denying 38 Motion for Detention as to Rolland Mark Gregg (4); Appearance Bond in the amount of $50,000.00 required; dft remains under the conditions of release set in the Western District of Washington by Magistrate Judge Theiler (except as stated herein). Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/25/2013)
80 ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Michelle Lynn Gregg (LE, Case Administrator) (Entered: 02/25/2013)
81 ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Rolland Mark Gregg (LE, Case Administrator) (Entered: 02/25/2013)
72 First MOTION for Discovery by Rhonda Lee Firestack−Harvey as to Rhonda Lee Firestack−Harvey, Larry Lester Harvey, Michelle Lynn Gregg, Rolland Mark Gregg, Jason Lee Zucker. Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Niesen, Jeffrey) Modified on 2/25/2013 −− This motion filed on behalf of dft Firestack−Harvey.(LE, Case Administrator). (Entered: 02/24/2013)
76 ORDER FOLLOWING ARRAIGNMENT AND MODIFYING CONDITIONS OF RELEASE; DENYING AS MOOT (ECF 39 ) MOTION FOR DETENTION; Dft entered plea(s) of not guilty; denying as moot 39 Motion for Detention as to Michelle Lynn Gregg (3); dft is released on the conditions of release set in the Western District of Washington. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/25/2013)
77 ORDER GRANTING (ECF NO. 75 ) ORAL MOTION FOR APPOINTMENT OF COUNSEL; granting 75 Motion Appointment of Counsel as to Rolland Mark Gregg (4); Attorney Douglas Phelps is appointed. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/25/2013)
Set Bail Hearing as to Rhonda Lee Firestack−Harvey: Bail Hearing set for 2/26/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/25/2013)
84 NOTICE of Intent to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 68 Order Regarding Discovery as to Rolland Mark Gregg (Hicks, Earl) (Entered: 02/26/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 14 of 69

02/26/2013
02/26/2013
02/26/2013 02/26/2013 02/26/2013 02/26/2013 02/26/2013 02/26/2013 02/26/2013 02/27/2013 02/27/2013 02/27/2013 02/27/2013 02/27/2013 02/27/2013 02/27/2013 02/27/2013 02/27/2013

85 NOTICE OF HEARING − By Court as to Michelle Lynn Gregg Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/26/2013)
86 NOTICE OF HEARING − By Court as to Rolland Mark Gregg Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/26/2013)
87 NOTICE of Intent to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 67 Order Regarding Discovery as to Michelle Lynn Gregg (Hicks, Earl) (Entered: 02/26/2013)
89 Appearance Bond Posted as to Rhonda Lee Firestack−Harvey in amount of $75,000.00, Receipt Number N/A. (LE, Case Administrator) (Entered: 02/26/2013)
91 ORDER: EXECUTED AO 199c FOR RELEASE OF DEFENDANT as to Rhonda Lee Firestack−Harvey. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/26/2013)
92 NOTICE OF HEARING By Court − Text entry;no PDF document − as to Larry Lester Harvey. Bail Review Hearing set for 2/27/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/26/2013)
93 ORDER DENYING THE UNITED STATES' MOTION FOR DETENTION; denying 36 Motion for Detention as to Rhonda Lee Firestack−Harvey (1). Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/26/2013)
94 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Bail Hearing as to Rhonda Lee Firestack−Harvey held on 2/26/2013 (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 02/26/2013)
95 MOTION to Re−open Detention Hearing by Larry Lester Harvey. Motion Hearing set for 2/27/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (Edari, Syovata) (Entered: 02/26/2013)
96 NOTICE Letters in support of release by Jason Lee Zucker as to Jason Lee Zucker (Flennaugh, Robert) (Entered: 02/27/2013)
97 MOTION to Join in Co−Defendant's Motions by Rolland Mark Gregg. Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Proposed Order)(Phelps, Douglas) (Entered: 02/27/2013)
98 NOTICE of Joinder by Jason Lee Zucker re 72 First MOTION for Discovery as to Rhonda Lee Firestack−Harvey (Flennaugh, Robert) (Entered: 02/27/2013)
99 ORDER Setting Conditions of Release (Statement of Reasons at ECF No. 93 ) as to Rhonda Lee Firestack−Harvey (1); $75,000.00 Appearance Bond. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/27/2013)
100 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Bail Review Hearing as to Larry Lester Harvey held on 2/27/2013 (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 02/27/2013)
101 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Bail Hearing as to Jason Lee Zucker held on 2/27/2013 (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 02/27/2013)
102 Appearance Bond Posted as to Larry Lester Harvey in amount of $ 75,000.00, Receipt Number N/A. (LE, Case Administrator) (LE, Case Administrator). (Entered: 02/27/2013)
104 Appearance Bond Posted as to Jason Lee Zucker in amount of $ 75,000.00, Receipt Number N/A. (LE, Case Administrator) (Entered: 02/27/2013)
106 ORDER: EXECUTED AO 199c FOR RELEASE OF DEFENDANT as to Larry Lester Harvey. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) Modified on 2/27/2013 −− (hand delivered to USM) (LE, Case Administrator). (Entered: 02/27/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 15 of 69

02/27/2013 02/27/2013
02/27/2013 02/27/2013 03/06/2013 03/11/2013 03/11/2013 03/11/2013 03/12/2013 03/12/2013 03/14/2013 03/15/2013 03/15/2013 03/15/2013 03/18/2013 03/18/2013

107 ORDER: EXECUTED AO 199c FOR RELEASE OF DEFENDANT as to Jason Lee Zucker. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) Modified on 2/27/2013 −− (hand delivered to USM) (LE, Case Administrator). (Entered: 02/27/2013)
108 ORDER GRANTING MOTION AND SETTING CONDITIONS OF RELEASE; MOTION GRANTED; granting 95 Motion to Re−open Detention Hearing as to Larry Lester Harvey (2); dft shall post Appearance Bond in the amount of $75,000.00. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/27/2013)
109 ORDER DENYING THE UNITED STATES' MOTION FOR DETENTION AS MOOT; denying as moot govt's 37 Motion for Detention as to Jason Lee Zucker (5). Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/27/2013)
110 ORDER SETTING AGREED CONDITIONS OF RELEASE as to Jason Lee Zucker (5); dft to post Appearance Bond in the amount of $75,000.00. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/27/2013)
111 MOTION Join Co Defendant's Motions by Michelle Lynn Gregg. Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order Proposed Order to Join)(Maxey, Bevan) (Entered: 03/06/2013)
112 MOTION for Joinder by Larry Lester Harvey. Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Edari, Syovata) (Entered: 03/11/2013)
113 MOTION to Continue by Larry Lester Harvey. Motion Hearing set for 3/18/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Edari, Syovata) (Entered: 03/11/2013)
114 MOTION to Expedite by Larry Lester Harvey. Motion Hearing set for 3/18/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Edari, Syovata) (Entered: 03/11/2013)
115 MOTION to Modify Conditions of Release by Rolland Mark Gregg. Motion Hearing set for 3/19/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (Attachments: # 1 Proposed Order)(Phelps, Douglas) (Entered: 03/12/2013)
117 MOTION for Joinder in Motions by Rhonda Lee Firestack−Harvey. Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Niesen, Jeffrey) (Entered: 03/12/2013)
118 NOTICE of Joinder by Jason Lee Zucker re 113 MOTION to Continue as to Larry Lester Harvey (Flennaugh, Robert) (Entered: 03/14/2013)
119 MOTION to Join in Co−Defendant's Motion to Continue Trial Date and Extend Deadline to File Pretrial Motions by Rolland Mark Gregg. Motion Hearing set for 3/18/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Proposed Order)(Phelps, Douglas) (Entered: 03/15/2013)
120 MOTION to Expedite by Rolland Mark Gregg. Motion Hearing set for 3/22/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Proposed Order)(Phelps, Douglas) (Entered: 03/15/2013)
121 MOTION Motion to Join co−defendant's Motion to Modify Release Conditions by Michelle Lynn Gregg. Motion Hearing set for 3/19/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (Maxey, Bevan) (Entered: 03/15/2013)
Reset Motions to Modify Release Conditions for Michelle Lynn Gregg and Rolland Mark Greggto 3/25/2013 at 11:00 AM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 03/18/2013)
122 Certificate of Service by Michelle Lynn Gregg(3) re 121 MOTION Motion to Join co−defendant's Motion to Modify Release Conditions (Maxey, Bevan) (Entered: 03/18/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 16 of 69

03/19/2013
03/19/2013 03/19/2013 03/19/2013 03/21/2013 03/21/2013 03/22/2013 03/25/2013 03/25/2013 03/25/2013 03/25/2013
03/25/2013
03/25/2013

123 NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral Argument re 113 MOTION to Continue , 119 MOTION to Join in Co−Defendant's Motion to Continue Trial Date and Extend Deadline to File Pretrial Motions : as to Larry Lester Harvey(2), Rolland Mark Gregg(4) Motion Hearing RESET for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 03/19/2013)
124 TEXT ORDER granting 114 Motion to Expedite as to Larry Lester Harvey (2). Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 03/19/2013)
125 NOTICE OF ATTORNEY APPEARANCE: Frank Louis Cikutovich appearing for Jason Lee Zucker(5) (Cikutovich, Frank) (Entered: 03/19/2013)
126 TEXT ORDER (no pdf)granting 120 Motion to Expedite as to Rolland Mark Gregg (4). Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 03/19/2013)
128 MOTION to Allow for Release of Discovery to Defendant Pursuant to FRCP 16 by Rolland Mark Gregg (4). Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Proposed Order)(Phelps, Douglas) (Entered: 03/21/2013)
129 MOTION Motion to Join Continuance by Michelle Lynn Gregg (3). Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Maxey, Bevan) (Entered: 03/21/2013)
130 MOTION to Modify Conditions of Release by Rolland Mark Gregg (4). Motion Hearing set for 3/25/2013 at 11:00 AM in Spokane before Magistrate Judge Cynthia Imbrogno. (Attachments: # 1 Declaration of Defendant, # 2 Proposed Order)(Phelps, Douglas) (Entered: 03/22/2013)
131 RULE 5 DOCUMENTS RECEIVED from Western District of Washington as to Michelle Lynn Gregg (3). (Attachments: # 1 WAWD Docket, # 2 Transmittal Letter)(LE, Case Administrator) (Entered: 03/25/2013)
132 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Bail Review Hearing as to Michelle Lynn Gregg (3), Rolland Mark Gregg (4) held on 3/25/2013 (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 03/25/2013)
133 NOTICE OF HEARING − By Court − Text entry;no PDF document − as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Pretrial Conference RESET for 3/29/2013 at 11:00 AM in Spokane Video Conference before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 03/25/2013)
Set/Reset Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 72 First MOTION for Discovery , 117 MOTION for Joinder in Motions, 113 MOTION to Continue , 112 MOTION for Joinder , 111 MOTION Join Co Defendant's Motions , 129 MOTION Motion to Join Continuance , 128 MOTION to Allow for Release of Discovery to Defendant Pursuant to FRCP 16 , 97 MOTION to Join in Co−Defendant's Motions , 119 MOTION to Join in Co−Defendant's Motion to Continue Trial Date and Extend Deadline to File Pretrial Motions . Motion Hearing reset for 3/29/2013 at 11:00 AM in Spokane Video Conference before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 03/25/2013)
134 ORDER TAKING MOTION UNDER ADVISEMENT as to Michelle Lynn Gregg (3) re 121 MOTION Motion to Join co−defendant's Motion to Modify Release Conditions filed by Michelle Lynn Gregg. However, Dft may have contact with her spouse, Roland M. Gregg. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) Modified on 3/25/2013 −− Same Order as Ct. Rec. 136 − mistakenly docketed twice. (LE, Case Administrator). (Entered: 03/25/2013)
135 ORDER TAKING MOTIONS UNDER ADVISEMENT, ACTION REQUIRED; taking under advisement 115 Motion to Modify Conditions of Release as to Rolland Mark Gregg (4); taking under advisement 130 Motion to Modify Conditions of Release as to Rolland Mark Gregg (4). Defendant may have contact with his spouse,

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 17 of 69

03/25/2013 03/25/2013 03/29/2013 03/29/2013 04/01/2013 04/02/2013
04/08/2013 04/08/2013 04/08/2013 04/08/2013

Michelle Lynn Gregg. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 03/25/2013)
136 ORDER TAKING MOTION UNDER ADVISEMENT; taking under advisement 121 Motion to Join Motion Co−Defendant's to Modify Conditions of Release as to Michelle Lynn Gregg (3). However, Dft may have contact with her spouse, Roland M. Gregg. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) Modified on 3/25/2013 −− Same Order as Ct. Rec. 134 − mistakenly docketed twice. (LE, Case Administrator). (Entered: 03/25/2013)
137 Docket Annotation − Re Filing Error: re 136 Order on Motion for and 134 Order, as to Michelle Lynn Gregg (3). These are the exact same order and were mistakenly docketed twice. (LE, Case Administrator) (Entered: 03/25/2013)
138 Minute Entry for VIDEO CONFERENCE proceedings held before Senior Judge Fred Van Sickle:Pretrial Conference as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 3/29/2013 (Reported by: Debra Kinney Clark) (VR, Courtroom Deputy). replaced pdf to correct title of hearing and def Zucker release status Modified on 3/29/2013 (VR, Courtroom Deputy). Modified on 4/8/2013 (VR, Courtroom Deputy). (VR, Courtroom Deputy). (Entered: 03/29/2013)
139 Docket Annotation − Re Filing Error: REPLACED minutes to correct title of hearing re 138 Pretrial Conference as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (VR, Courtroom Deputy) (Entered: 03/29/2013)
140 WAIVER of Speedy Trial by Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 04/01/2013)
141 ORDER CONTINUING TRIAL as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5); granting 97 MOTION to Join in Co−Defendant's Motions filed by Rolland Mark Gregg; granting 112 MOTION for Joinder filed by Larry Lester Harvey; granting 111 MOTION Join Co Defendant's Motions filed by Michelle Lynn Gregg; granting in part and denying in part 72 First MOTION for Discovery filed by Rhonda Lee Firestack−Harvey; granting 129 MOTION Motion to Join Continuance filed by Michelle Lynn Gregg; granting to the extent she has standing 117 MOTION for Joinder in Motions filed by Rhonda Lee Firestack−Harvey; granted to the extent he has standing 119 MOTION to Join in Co−Defendant's Motion to Continue Trial Date and Extend Deadline to File Pretrial Motions filed by Rolland Mark Gregg; granting 113 MOTION to Continue filed by Larry Lester Harvey; denying 128 MOTION to Allow for Release of Discovery to Defendant Pursuant to FRCP 16 filed by Rolland Mark Gregg; EXCLUDABLE SPEEDY TRIAL TIME per 18 USC 3161(h)(1)(D),(h)(6) from 2/24/13 to 3/29/13 and per 18 USC 3161(h)(7) from 3/29/13 to 8/26/13 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Jury Trial RESET to 8/26/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 8/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Signed by Senior Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 04/02/2013)
143 NOTICE OF WAIVER OF SPEEDY TRIAL by Rhonda Lee Firestack−Harvey (1) as to Rhonda Lee Firestack−Harvey (1) (Attachments: # 1 Exhibit Notice of Speedy Trial waiver)(Niesen, Jeffrey) Modified on 4/8/2013 (LE, Case Administrator). (Entered: 04/08/2013)
144 NOTICE of Withdrawal by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Flennaugh, Robert) (Entered: 04/08/2013)
145 Docket Annotation − Re Filing Error: to correct Defendant Zucker release Status re 138 Pretrial Conference, as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (VR, Courtroom Deputy) (Entered: 04/08/2013)
146 WAIVER of Speedy Trial by Jason Lee Zucker (5) (Cikutovich, Frank) (Entered: 04/08/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 18 of 69

04/08/2013 04/08/2013
04/08/2013 04/09/2013 04/11/2013 04/11/2013 04/11/2013
05/21/2013 05/30/2013 05/31/2013 06/03/2013 06/14/2013
06/20/2013 07/08/2013 07/08/2013

147 EX PARTE TEXT ORDER − as to Rhonda Lee Firestack−Harvey (1), Rolland Mark Gregg (4). Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 04/08/2013)
148 TEXT ORDER VACATING ORDER and STRIKING CONFERENCE CALL as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 147 Ex Parte Order IS VACATED and the CONFERENCE CALL IS STRICKEN. Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 04/08/2013)
149 Ex Parte ORDER as to Rhonda Lee Firestack−Harvey (1) and Rolland Mark Gregg (4). Applicable Parties: Rhonda Lee Firestack−Harvey (1) and Rolland Mark Gregg (4). Signed by Senior Judge Fred Van Sickle. (JW, Operations Clk) (Entered: 04/08/2013)
150 WAIVER of Speedy Trial by Larry Lester Harvey (2) (Edari, Syovata) (Entered: 04/09/2013)
151 Minute Entry for TELEPHONIC proceedings held before Senior Judge Fred Van Sickle:EX PARTE HEARING as to Rhonda Lee Firestack−Harvey (1), Rolland Mark Gregg (4) held on 4/11/2013 (Reported by: Ronelle F. Corbey) (VR, Courtroom Deputy) (Entered: 04/11/2013)
152 Ex Parte ORDER as to Rhonda Lee Firestack−Harvey (1), Rolland Mark Gregg (4). Applicable Party: Rhonda Lee Firestack−Harvey and Rolland Mark Gregg. Signed by Senior Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 04/11/2013)
154 ORDER CONDITIONALLY GRANTING IN PART MOTION TO MODIFY; granting 121 Motion to Modify Conditions of Release as to Michelle Lynn Gregg (3); granting 130 Motion to Modify Conditions of Release as to Rolland Mark Gregg (4). Signed by Magistrate Judge Cynthia Imbrogno. (CV, Case Administrator) (Entered: 04/11/2013)
155 MOTION to Modify Conditions of Release by Jason Lee Zucker (5). Motion Hearing set for 5/31/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (Attachments: # 1 Proposed Order)(Cikutovich, Frank) (Entered: 05/21/2013)
Set/Reset Motion Hearing in case as to Jason Lee Zucker (5) re 155 MOTION to Modify Conditions of Release . Motion Hearing set for 5/31/2013 at 2:00 PM, in Spokane, before Magistrate Judge Cynthia Imbrogno. (KR, Judicial Assistant) (Entered: 05/30/2013)
156 Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Hearing on Motion to Modify as to Jason Lee Zucker (5) held on 5/31/2013 (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 05/31/2013)
157 ORDER GRANTING MOTION TO MODIFY IN PART as to Jason Lee Zucker (5); granting in part and taking under advisement in part 155 Motion to Modify Conditions of Release. Signed by Magistrate Judge Cynthia Imbrogno. (CV, Case Administrator) (Entered: 06/03/2013)
158 NOTICE OF HEARING − By Court − Text entry;no PDF document − as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Pretrial Conference RESET for 8/5/2013 at 09:30 AM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 06/14/2013)
159 ORDER ADDRESSING TRAVEL as to Jason Lee Zucker (5). Signed by Magistrate Judge Cynthia Imbrogno. (CV, Case Administrator) (Entered: 06/20/2013)
160 MOTION to Continue by Larry Lester Harvey (2). Motion Hearing set for 8/5/2013 at 09:30 AM in Spokane before Senior Judge Fred Van Sickle. (Edari, Syovata) (Entered: 07/08/2013)
161 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 7/15/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Edari, Syovata) (Entered: 07/08/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 19 of 69

07/08/2013 07/08/2013 07/09/2013 07/10/2013 07/10/2013
07/11/2013 07/17/2013 07/23/2013 07/30/2013 07/31/2013 08/01/2013
08/02/2013 08/05/2013
08/05/2013 08/05/2013 08/05/2013 08/05/2013 08/05/2013

162 WAIVER of Speedy Trial by Larry Lester Harvey (2) (Edari, Syovata) (Entered: 07/08/2013)
163 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL. Attorney Syovata Edari has withdrawn. Attorney Robert Fischer is substituted on behalf of defendant Larry Lester Harvey (2) (Fischer, Robert) (Entered: 07/08/2013)
164 MOTION to Continue Trial Date and Extend Deadline to File Pretrial Motions by Rolland Mark Gregg (4). Motion Hearing set for 8/5/2013 at 09:30 AM in Spokane before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 07/09/2013)
165 MOTION for Joinder of Co−defendant;s motion to continue et. al. by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 8/5/2013 at 09:30 AM in Spokane before Senior Judge Fred Van Sickle. (Niesen, Jeffrey) (Entered: 07/10/2013)
166 TEXT ORDER granting 161 Motion to Expedite as to Larry Lester Harvey (2) The Motion to Expedite is GRANTED as follows: The July 18, 2013 pretrial motions deadline is VACATED. The Motion to Continue will be resolved at the August 5, 2013 Pretrial Conference. A new motion deadline will be established at that time.. Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 07/10/2013)
167 BILL OF PARTICULARS RE Forfeiture of 2010 Yamaha Raider Motorcycle by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2) (Hicks, Earl) (Entered: 07/11/2013)
168 MOTION for Joinder of Co−Defendants' Motion to Continue Dates by Michelle Lynn Gregg (3). Motion Hearing set for 8/5/2013 at 09:30 AM in Spokane before Senior Judge Fred Van Sickle. (Maxey, Bevan) (Entered: 07/17/2013)
169 RESPONSE to Motion by USA re 160 MOTION to Continue as to Larry Lester Harvey (2). (Hicks, Earl) (Entered: 07/23/2013)
171 MOTION to Modify Conditions of Release to Permit travel to alaska by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 7/30/2013 at 06:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (Niesen, Jeffrey) (Entered: 07/30/2013)
172 ORDER GRANTING MOTION FOR TRAVEL as to Rhonda Lee Firestack−Harvey; granting 171 Motion to Modify Conditions of Release. Signed by Magistrate Judge Cynthia Imbrogno. (CV, Case Administrator) (Entered: 07/31/2013)
173 MOTION to Allow Defendant to Appear Telephonically for Pretrial Conference by Jason Lee Zucker (5). Motion Hearing set for 8/2/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Proposed Order)(Cikutovich, Frank) (Entered: 08/01/2013)
174 ORDER Granting 173 Mr. Zucker's Motion to Participate by Telephone as to Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 08/02/2013)
175 Minute Entry for proceedings held before Senior Judge Fred Van Sickle:Pretrial Conference as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 8/5/2013 (Reported by: Mark A. Snover) (VR, Courtroom Deputy) (Entered: 08/05/2013)
176 WAIVER of Speedy Trial by Rhonda Lee Firestack−Harvey (1) (CV, Case Administrator) (Entered: 08/05/2013)
177 WAIVER of Speedy Trial by Larry Lester Harvey (2) (CV, Case Administrator) (Entered: 08/05/2013)
178 WAIVER of Speedy Trial by Michelle Lynn Gregg (3) (CV, Case Administrator) (Entered: 08/05/2013)
179 WAIVER of Speedy Trial by Rolland Mark Gregg (4) (CV, Case Administrator) (Entered: 08/05/2013)
180 SECOND ORDER CONTINUING PRETRIAL CONFERENCE AND TRIAL as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) and Jason Lee Zucker (5); granting 168 MOTION for Joinder

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 20 of 69

08/06/2013 09/09/2013 09/09/2013 09/10/2013 09/10/2013
09/10/2013
09/11/2013 09/13/2013
09/14/2013 09/16/2013 09/16/2013

of Co−Defendants' Motion to Continue Dates filed by Michelle Lynn Gregg; granting 165 MOTION for Joinder of Co−defendant's motion to continue filed by Rhonda Lee Firestack−Harvey; granting 164 MOTION to Continue Trial Date and Extend Deadline to File Pretrial Motions filed by Rolland Mark Gregg; granting 160 MOTION to Continue filed by Larry Lester Harvey. Jury Trial reset from 8/26/2013 to 11/18/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 10/23/2013 at 09:30 AM in Spokane before Senior Judge Fred Van Sickle. Excludable Speedy Trial Act Time from 7/8/13 − 11/18/13. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 08/05/2013)
181 WAIVER of Speedy Trial by Jason Lee Zucker (5) (Cikutovich, Frank) (Entered: 08/06/2013)
182 MOTION to Continue Trial Date and Extend Deadline to File Pretrial Motions by Rolland Mark Gregg. Motion Hearing set for 9/16/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 09/09/2013)
183 MOTION to Expedite Motion to Continue by Rolland Mark Gregg. Motion Hearing set for 9/16/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 09/09/2013)
184 TEXT ORDER (no pdf)granting 183 Motion to Expedite as to Rolland Mark Gregg (4). Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 09/10/2013)
185 NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral Argument Requested 182 MOTION to Continue Trial Date and Extend Deadline to File Pretrial Motions : as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Motion Hearing set for 9/13/2013 at 02:00 PM by telephone conference call before Senior Judge Fred Van Sickle. To be included in the conference call, the parties shall call: 877−336−1829− Enter Access Code: 3631196 − Enter Security Code: 7777(KJH, Judicial Assistant) (Entered: 09/10/2013)
186 TEXT ORDER as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 182 MOTION to Continue Trial Date and Extend Deadline to File Pretrial Motions filed by Rolland Mark Gregg. Responses shall be filed by 4:00 p.m. on 9/11/13. Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 09/10/2013)
187 RESPONSE to Motion by USA re 182 MOTION to Continue Trial Date and Extend Deadline to File Pretrial Motions as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (Hicks, Earl) (Entered: 09/11/2013)
188 Minute Entry for TELEPHONIC proceedings held before Senior Judge Fred Van Sickle:Motion Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 9/13/2013 (Reported by: Ronelle F. Corbey) (VR, Courtroom Deputy) (Entered: 09/13/2013)
189 WAIVER of Speedy Trial by Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 09/14/2013)
190 WAIVER of Speedy Trial by Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 09/16/2013)
191 THIRD ORDER EXTENDING DEADLINES AND CONTINUING TRIAL DATE as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) and Jason Lee Zucker (5); granting 182 MOTION to Continue Trial Date and Extend Deadline to File Pretrial Motions filed by Rolland Mark Gregg. Pretrial Conference reset from 10/23/2013 to 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Jury Trial reset from 11/18/2013 to 2/3/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Excludable Speedy Trial Act Time from 9/9/13 − 2/3/14. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 09/16/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 21 of 69

09/17/2013 09/17/2013 09/19/2013 11/04/2013
11/07/2013
11/07/2013 11/08/2013 11/12/2013
11/14/2013 11/14/2013 11/14/2013 11/14/2013
11/14/2013 11/14/2013
11/14/2013 11/14/2013

192 WAIVER of Speedy Trial by Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 09/17/2013)
193 WAIVER of Speedy Trial by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 09/17/2013)
194 WAIVER of Speedy Trial by Jason Lee Zucker (5) (Cikutovich, Frank) (Entered: 09/19/2013)
195 MOTION for Leave to Appear Pro Hac Vice re Attorney: J. Tony Serra. Filing fee $ 200, receipt number SPO020173. by Jason Lee Zucker (5). Motion Hearing set for 11/8/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Declaration in Support of Motion, # 2 Proposed Order)(Cikutovich, Frank) (Entered: 11/04/2013)
196 MOTION for Extension of Time to File Motion to Extend Deadline for Filing Pretrial Motions by Larry Lester Harvey (2). Motion Hearing set for 11/14/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Exhibit "1", # 2 Exhibit "2")(Fischer, Robert) (Entered: 11/07/2013)
197 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 11/14/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 11/07/2013)
198 Praecipe by Larry Lester Harvey (2) re 196 MOTION for Extension of Time to File Motion to Extend Deadline for Filing Pretrial Motions. Description: Correct number 4 in Declaration as to Larry Lester Harvey (2) (Fischer, Robert) (Entered: 11/08/2013)
199 ORDER GRANTING PERMISSION TO APPEAR PRO HAC VICE as to Jason Lee Zucker (5); granting 195 Motion for Leave to Appear Pro Hac Vice by Attorney J Tony Serra for Jason Lee Zucker. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/12/2013)
200 MOTION for Bill of Particulars as to Counts 2−5 of the Indictment by Jason Lee Zucker (5). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 11/14/2013)
201 MOTION to Dismiss Case for Failure to Preserve/Destruction of Evidence by Jason Lee Zucker (5). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 11/14/2013)
202 MOTION for Discovery re Motion to Dismiss for Selective Prosecution by Jason Lee Zucker (5). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Exhibit)(Serra, J) (Entered: 11/14/2013)
203 MOTION to Suppress Evidence by Jason Lee Zucker (5). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Serra, J) (Entered: 11/14/2013)
204 MOTION to Dismiss Case as Barred by the Tenth Amendment by Jason Lee Zucker (5). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 11/14/2013)
205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment by Jason Lee Zucker (5). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 11/14/2013)
206 MOTION to Suppress Statements by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Niesen, Jeffrey) (Entered: 11/14/2013)
207 Additional Attachments to Main Document re 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Serra, J) (Entered: 11/14/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 22 of 69

11/14/2013 11/14/2013 11/14/2013 11/14/2013 11/14/2013 11/14/2013 11/14/2013 11/14/2013 11/14/2013 11/14/2013 11/15/2013
11/18/2013 11/20/2013 11/20/2013

208 DECLARATION by Rhonda Firestack−Harvey in Support of 206 MOTION to Suppress Statements as to Rhonda Lee Firestack−Harvey (1). (Niesen, Jeffrey) (Entered: 11/14/2013)
209 Additional Attachments to Main Document re 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment by Jason Lee Zucker (5) Exhibit H as to Jason Lee Zucker (5) (Serra, J) (Entered: 11/14/2013)
210 Additional Attachments to Main Document re 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment by Jason Lee Zucker (5) Exhibit I as to Jason Lee Zucker (5) (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N, # 6 Exhibit O, # 7 Exhibit P)(Serra, J) (Entered: 11/14/2013)
211 Additional Attachments to Main Document re 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment by Jason Lee Zucker (5) Exhibit Q as to Jason Lee Zucker (5) (Attachments: # 1 Exhibit R, # 2 Exhibit S, # 3 Exhibit T, # 4 Exhibit U, # 5 Exhibit V, # 6 Exhibit W)(Serra, J) (Entered: 11/14/2013)
212 Additional Attachments to Main Document re 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment by Jason Lee Zucker (5) Exhibit X as to Jason Lee Zucker (5) (Attachments: # 1 Exhibit Y, # 2 Exhibit Z)(Serra, J) (Entered: 11/14/2013)
213 MOTION to Suppress and Dismiss by Michelle Lynn Gregg (3). Motion Hearing set for 1/16/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Exhibit Exhibit 1 page 34−47, # 2 Exhibit Exhibit 2 page 48−50, # 3 Exhibit Exhibit 3 page 51−64)(Maxey, Bevan) (Entered: 11/14/2013)
214 MOTION to Suppress Evidence and Memorandum In Support by Larry Lester Harvey (2). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Exhibit "D", # 5 Exhibit "E", # 6 Exhibit "F", # 7 Exhibit "G")(Fischer, Robert) (Entered: 11/14/2013)
215 MOTION to Dismiss Case Pursuant to Tenth Amendment Violations by Rolland Mark Gregg (4). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 11/14/2013)
216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation by Rolland Mark Gregg (4). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 11/14/2013)
217 MOTION to Present Affirmative Defenses by Rolland Mark Gregg (4). Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 11/14/2013)
218 ORDER AUTHORIZING SUPPLEMENTAL MEMORANDA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) and Jason Lee Zucker (5); granting 197 MOTION to Expedite filed by Larry Lester Harvey; granting 196 MOTION to Extend Deadline filed by Larry Lester Harvey. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/15/2013)
Set/Reset Motion Hearing in case as to Michelle Lynn Gregg (3) re 213 MOTION to Suppress and Dismiss. Motion Hearing set for 1/16/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 11/18/2013)
219 NOTICE OF HEARING − By Court − Text entry; no PDF document − as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Pretrial Conference RESET for 1/24/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 11/20/2013)
Set/Reset Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 23 of 69

11/20/2013 11/22/2013 12/05/2013 12/05/2013
12/05/2013 12/06/2013 12/06/2013 12/06/2013

Zucker (5) re 206 MOTION to Suppress Statements, 214 MOTION to Suppress Evidence and Memorandum In Support, 213 MOTION to Suppress and Dismiss, 217 MOTION to Present Affirmative Defenses , 215 MOTION to Dismiss Case Pursuant to Tenth Amendment Violations, 216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation, 203 MOTION to Suppress Evidence, 202 MOTION for Discovery re Motion to Dismiss for Selective Prosecution, 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment, 201 MOTION to Dismiss Case for Failure to Preserve/Destruction of Evidence, 204 MOTION to Dismiss Case as Barred by the Tenth Amendment, 200 MOTION for Bill of Particulars as to Counts 2−5 of the Indictment. Motion Hearing set for 1/24/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 11/20/2013)
220 NOTICE OF HEARING − By Court − Text entry;no PDF document − as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Pretrial Conference set for 1/24/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 11/20/2013)
221 SUPPLEMENT re 204 MOTION to Dismiss Case as Barred by the Tenth Amendment by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Serra, J) (Entered: 11/22/2013)
222 Praecipe by Rolland Mark Gregg (4) re 216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation. Description: Exhibits were not attached to first motion as to Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 12/05/2013)
223 MOTION for Extension of Time to File Response/Reply as to 215 MOTION to Dismiss Case Pursuant to Tenth Amendment Violations, 204 MOTION to Dismiss Case as Barred by the Tenth Amendment, 221 Supplement, 203 MOTION to Suppress Evidence, 213 MOTION to Suppress and Dismiss, 214 MOTION to Suppress Evidence and Memorandum In Support, 208 Declaration in Support of Motion, 222 Praecipe, 202 MOTION for Discovery re Motion to Dismiss for Selective Prosecution, 217 MOTION to Present Affirmative Defenses , 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment, 200 MOTION for Bill of Particulars as to Counts 2−5 of the Indictment, 201 MOTION to Dismiss Case for Failure to Preserve/Destruction of Evidence, 206 MOTION to Suppress Statements, 216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 1/6/2014 at 06:30 PM Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 12/05/2013)
224 MOTION to Expedite Hearing by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 12/12/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 12/05/2013)
225 Praecipe filed by USA re 223 MOTION for Extension of Time to File Response/Reply as to 215 MOTION to Dismiss Case Pursuant to Tenth Amendment Violations, 204 MOTION to Dismiss Case as Barred by the Tenth Amendment, 221 Supplement, 203 MOTION to Su. Description: to correct hearing date in caption as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Hicks, Earl) (Entered: 12/06/2013)
226 ORDER MODIFYING BRIEFING SCHEDULE − granting 223 Motion for Extension of Time to File Response/Reply and granting 224 Motion to Expedite as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (CC, Case Administrator) (Entered: 12/06/2013)
227 SUPPLEMENT re 215 MOTION to Dismiss Case Pursuant to Tenth Amendment Violations, 216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation by Rolland Mark Gregg (4) as to Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 12/06/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 24 of 69

12/11/2013 12/11/2013 12/17/2013 12/17/2013 12/18/2013 12/18/2013 12/18/2013 12/19/2013
12/19/2013 12/19/2013 12/20/2013 12/20/2013 12/20/2013

228 MOTION to Modify Conditions of Release by Rolland Mark Gregg (4). Motion Hearing set for 12/18/2013 at 02:00 PM in Spokane before Magistrate Judge John T. Rodgers. (Attachments: # 1 Proposed Order)(Phelps, Douglas) (Entered: 12/11/2013)
229 MOTION to Expedite Motion to Modify Release Conditions by Rolland Mark Gregg (4). Motion Hearing set for 12/18/2013 at 02:00 PM in Without Oral Argument before Magistrate Judge John T. Rodgers. (Phelps, Douglas) (Entered: 12/11/2013)
230 RESPONSE to Motion by USA re 206 MOTION to Suppress Statements as to Rhonda Lee Firestack−Harvey (1). (Hicks, Earl) (Entered: 12/17/2013)
231 RESPONSE to Motion by USA re 200 MOTION for Bill of Particulars as to Counts 2−5 of the Indictment as to Jason Lee Zucker (5). (Hicks, Earl) (Entered: 12/17/2013)
232 ORDER granting 229 Motion to Expedite as to Rolland Mark Gregg (4), Text−only entry; no PDF document will issue. This text−only entry constitutes the court order or notice on the matter. Signed by Magistrate Judge John T. Rodgers. (KR, Judicial Assistant) (Entered: 12/18/2013)
233 Minute Entry for proceedings held before Magistrate Judge John T. Rodgers:Hearing on Motion to Modify Release Conditions for Rolland Mark Gregg (4) held on 12/18/2013 (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 12/18/2013)
234 ORDER Granting 228 Motion to Modify Conditions of Release as to Rolland Mark Gregg (4). Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 12/18/2013)
235 Second MOTION for Extension of Time to File Response/Reply as to 215 MOTION to Dismiss Case Pursuant to Tenth Amendment Violations, 204 MOTION to Dismiss Case as Barred by the Tenth Amendment, 221 Supplement, 203 MOTION to Suppress Evidence, 213 MOTION to Suppress and Dismiss, 227 Supplement, 214 MOTION to Suppress Evidence and Memorandum In Support, 222 Praecipe, 202 MOTION for Discovery re Motion to Dismiss for Selective Prosecution, 217 MOTION to Present Affirmative Defenses , 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment, 201 MOTION to Dismiss Case for Failure to Preserve/Destruction of Evidence, 216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 1/21/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 12/19/2013)
236 MOTION to Expedite Hearing by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 12/26/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 12/19/2013)
237 ORDER MODIFYING BRIEFING SCHEDULE as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) and Jason Lee Zucker (5); granting 235 Motion for Extension of Time to File Response; granting 236 Motion to Expedite. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 12/19/2013)
238 MOTION to Continue Pretrial, Trial, and Extend Deadline to file Pretrial Motions by Rolland Mark Gregg (4). Motion Hearing set for 12/27/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 12/20/2013)
239 MOTION to Expedite Motion to Continue by Rolland Mark Gregg (4). Motion Hearing set for 12/27/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 12/20/2013)
240 MOTION for Joinder in Motion to Continue by Jason Lee Zucker (5). Motion Hearing set for 12/27/2013 at 06:30 PM in Spokane before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 12/20/2013)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 25 of 69

12/24/2013 12/24/2013
12/27/2013 12/27/2013 01/06/2014 01/06/2014
01/07/2014
01/08/2014 01/08/2014 01/09/2014 01/10/2014 01/10/2014 01/10/2014

241 RESPONSE to Motion by USA re 217 MOTION to Present Affirmative Defenses as to Rolland Mark Gregg (4). (Attachments: # 1 Exhibit)(Hicks, Earl) (Entered: 12/24/2013)
242 RESPONSE to Motion by USA re 215 MOTION to Dismiss Case Pursuant to Tenth Amendment Violations, 204 MOTION to Dismiss Case as Barred by the Tenth Amendment, 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment, 213 MOTION to Suppress and Dismiss, 216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation as to Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (Hicks, Earl) (Entered: 12/24/2013)
243 RESPONSE to Motion by USA re 202 MOTION for Discovery re Motion to Dismiss for Selective Prosecution as to Jason Lee Zucker (5). (Hicks, Earl) (Entered: 12/27/2013)
244 RESPONSE to Motion by USA re 202 MOTION for Discovery re Motion to Dismiss for Selective Prosecution, 213 MOTION to Suppress and Dismiss, 214 MOTION to Suppress Evidence and Memorandum In Support as to Larry Lester Harvey (2), Michelle Lynn Gregg (3), Jason Lee Zucker (5). (Hicks, Earl) (Entered: 12/27/2013)
245 TEXT ORDER (no pdf)granting 239 Motion to Expedite as to Rolland Mark Gregg (4). Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 01/06/2014)
246 NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral Argument re 238 MOTION to Continue Pretrial, Trial, and Extend Deadline to file Pretrial Motions, 240 MOTION for Joinder in Motion to Continue : as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Motion Hearing set for 1/7/2014 at 02:00 PM by telephone confernece call before Senior Judge Fred Van Sickle. The parties shall call 1−877−336−1829.Access Code: 3631196. Security Code: 7777.(KJH, Judicial Assistant) (Entered: 01/06/2014)
247 Minute Entry for TELEPHONIC proceedings held before Senior Judge Fred Van Sickle:Motion Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 1/7/2014 (Reported by: Debra Kinney Clark) (VR, Courtroom Deputy) (Entered: 01/07/2014)
248 NOTICE of Speedy Trial Waiver by Rhonda Lee Firestack−Harvey (1) as to Rhonda Lee Firestack−Harvey (1) (Attachments: # 1 Exhibit Waiver of Speedy Trial)(Niesen, Jeffrey) (Entered: 01/08/2014)
249 WAIVER of Speedy Trial by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 01/08/2014)
250 WAIVER of Speedy Trial by Jason Lee Zucker (5) (Serra, J) (Entered: 01/09/2014)
251 WAIVER of Speedy Trial by Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 01/10/2014)
252 WAIVER of Speedy Trial by Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 01/10/2014)
253 FOURTH ORDER EXTENDING MOTION DEADLINES, CONTINUING THE PRETRIAL CONFERENCE, AND CONTINUING THE TRIAL as to Rhonda Lee Firestack−Harvey (1) and Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5); granting 240 MOTION for Joinder in Motion to Continue filed by Jason Lee Zucker; granting 238 MOTION to Continue Pretrial, Trial, and Extend Deadline to file Pretrial Motions filed by Rolland Mark Gregg. Pretrial Conference/Motion Hearing set for 4/17/2014 at 09:30 AM in Spokane before Senior Judge Fred Van Sickle. Jury Trial set for 5/12/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Excludable Speedy Trial Act Time from 12/20/13 − 5/12/14. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 01/10/2014)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 26 of 69

02/10/2014 02/10/2014 02/10/2014 02/10/2014 02/10/2014 02/10/2014 03/20/2014 03/21/2014 03/21/2014 04/03/2014 04/03/2014 04/04/2014
04/04/2014

254 REPLY re 242 Response to Motion,, to Dismiss Case as Barred by the 10th Amendment by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Serra, J) (Entered: 02/10/2014)
255 REPLY re 231 Response to Motion for Bill of Particulars as to Counts 2−5 of the Indictment by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Serra, J) (Entered: 02/10/2014)
256 REPLY re 243 Response to Motion for Discovery re: Motion to Dismiss for Selective Prosecution by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Serra, J) (Entered: 02/10/2014)
257 REPLY re 242 Response to Motion,, to Dismiss for violation of Defendant's Right to Due Process and Equal Protection Under the 5th Amendment by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Attachments: # 1 Exhibit A)(Serra, J) (Entered: 02/10/2014)
258 REPLY re 244 Response to Motion, to Suppress and Memoradum inSupport by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Serra, J) (Entered: 02/10/2014)
259 REPLY re 201 MOTION to Dismiss Case for Failure to Preserve/Destruction of Evidence Defendant Reserves the Right To Reply To The Government's Response To His Motion To Dismiss For Failure To Preserve/Destruction Of Evidence by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Serra, J) (Entered: 02/10/2014)
260 RESPONSE to Motion by USA re 216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (Hicks, Earl) (Entered: 03/20/2014)
261 REPLY MEMORANDUM by Michelle Lynn Gregg (3) re 213 MOTION to Suppress and Dismiss (Maxey, Bevan) (Entered: 03/21/2014)
262 SUPPLEMENT re 213 MOTION to Suppress and Dismiss by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attachments: # 1 Exhibit 1)(Hicks, Earl) (Entered: 03/21/2014)
263 MOTION for Extension of Time to File Response/Reply by Larry Lester Harvey (2). Motion Hearing set for 4/3/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 04/03/2014)
264 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 4/3/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 04/03/2014)
265 NOTICE OF HEARING − By Court − Text entry;no PDF document − as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Pretrial Conference RESET for 4/22/2014 at 02:30 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 04/04/2014)
Set/Reset Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 206 MOTION to Suppress Statements, 214 MOTION to Suppress Evidence and Memorandum In Support, 213 MOTION to Suppress and Dismiss, 217 MOTION to Present Affirmative Defenses , 215 MOTION to Dismiss Case Pursuant to Tenth Amendment Violations, 216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation, 203 MOTION to Suppress Evidence, 202 MOTION for Discovery re Motion to Dismiss for Selective Prosecution, 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment, 201 MOTION to Dismiss Case for Failure to Preserve/Destruction of Evidence, 204 MOTION to Dismiss Case as Barred by the Tenth Amendment, 200 MOTION for Bill of Particulars as to Counts 2−5 of the Indictment. Motion Hearing set for 4/22/2014 at 02:30 PM in Spokane before Senior

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 27 of 69

04/04/2014 04/07/2014 04/16/2014 04/17/2014 04/18/2014 04/18/2014
04/21/2014 04/21/2014 04/22/2014 04/22/2014 04/22/2014 04/23/2014

Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 04/04/2014)
266 TEXT ORDER (no pdf)granting 263 Motion for Extension of Time to File Response/Reply as to Larry Lester Harvey (2); granting 264 Motion to Expedite as to Larry Lester Harvey (2). Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 04/04/2014)
267 REPLY MEMORANDUM by Larry Lester Harvey (2) re 214 MOTION to Suppress Evidence and Memorandum In Support Defendant Harvey's Reply Memorandum In Support of Motion to Suppress Evidence (Attachments: # 1 Exhibit "H", # 2 Exhibit "I")(Fischer, Robert) (Entered: 04/07/2014)
268 RESPONSE to Motion by USA re 201 MOTION to Dismiss Case for Failure to Preserve/Destruction of Evidence as to Jason Lee Zucker (5). (Hicks, Earl) (Entered: 04/16/2014)
269 MOTION Dismiss Enhancement on Grounds of Vindictive Prosecution by Jason Lee Zucker (5). Motion Hearing set for 4/22/2014 at 02:00 PM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Exhibit A)(Serra, J) (Entered: 04/17/2014)
270 NOTICE OF HEARING − By Court − Text entry;no PDF document − as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Pretrial Conference set for 4/22/2014 at 01:30 PM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 04/18/2014)
Set/Reset Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 206 MOTION to Suppress Statements, 214 MOTION to Suppress Evidence and Memorandum In Support, 213 MOTION to Suppress and Dismiss, 217 MOTION to Present Affirmative Defenses , 215 MOTION to Dismiss Case Pursuant to Tenth Amendment Violations, 216 MOTION to Dismiss Case Pursuant to Fifth Amendment Violation, 203 MOTION to Suppress Evidence, 202 MOTION for Discovery re Motion to Dismiss for Selective Prosecution, 205 MOTION to Dismiss Case for Violation of Defendant's Right to Due Process and Equal Protection under the Fifth Amendment, 201 MOTION to Dismiss Case for Failure to Preserve/Destruction of Evidence, 204 MOTION to Dismiss Case as Barred by the Tenth Amendment, 200 MOTION for Bill of Particulars as to Counts 2−5 of the Indictment, 269 MOTION Dismiss Enhancement on Grounds of Vindictive Prosecution . Motion Hearing set for 4/22/2014 at 01:30 PM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 04/18/2014)
271 SUPPLEMENT re 269 MOTION Dismiss Enhancement on Grounds of Vindictive Prosecution (Exhibit B) by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Serra, J) (Entered: 04/21/2014)
272 RESPONSE to Motion by USA re 269 MOTION Dismiss Enhancement on Grounds of Vindictive Prosecution as to Jason Lee Zucker (5). (Hicks, Earl) (Entered: 04/21/2014)
273 MOTION to Continue Trial/Court Instruction by Michelle Lynn Gregg (3). Motion Hearing set for 4/22/2014 at 01:30 PM in Spokane before Senior Judge Fred Van Sickle. (Maxey, Bevan) (Entered: 04/22/2014)
274 Praecipe by Michelle Lynn Gregg (3) re 273 MOTION to Continue Trial/Court Instruction. Description: TO CORRECT CAPTION/NAME as to Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 04/22/2014)
275 Minute Entry for proceedings held before Senior Judge Fred Van Sickle:Evidentiary Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 4/22/2014 (Reported by: Dorothy Stiles) (VR, Courtroom Deputy) (Entered: 04/22/2014)
276 Minute Entry for proceedings held before Senior Judge Fred Van Sickle:Evidentiary Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 4/23/2014 (Reported by: Dorothy Stiles) (Attachments: # 1 Witness and Exhibit List) (VR, Courtroom Deputy) (Additional attachment(s) added on 4/25/2014: # 1 Witness and

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 28 of 69

04/25/2014
04/28/2014
04/28/2014 04/29/2014 04/29/2014 04/29/2014
04/29/2014
04/29/2014 04/29/2014 04/29/2014 04/30/2014 04/30/2014 04/30/2014 04/30/2014

Exhibit List) (VR, Courtroom Deputy). (Additional attachment(s) added on 12/2/2014: # 2 Receipt − return of exhibits) (VR, Courtroom Deputy). (Entered: 04/24/2014)
277 Docket Annotation − Re Filing Error: CORRECTED AND REPLACED to reflect defense Counsel, Robert Fischer as attorney for Defendant Larry Lester Harvey to minutes re 276 Evidentiary Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (VR, Courtroom Deputy) (Entered: 04/25/2014)
278 ORDER DENYING THE DEFENDANTS' MOTION TO SUPPRESS BASED UPON DETECTIVE ERDMAN'S ALLEGED FAILURE TO DISCLOSE EXCULPATORY EVIDENCE; denying 213 Motion to Suppress filed by Michelle Lynn Gregg (3); denying 203 Motion to Suppress filed by Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 04/28/2014)
279 ORDER Denying 214 Defendants' Motion to Suppress Firearms filed by Larry Lester Harvey (2). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 04/28/2014)
280 MOTION in Limine Defendant Zucker's In Limine Motions by Jason Lee Zucker (5). Motion Hearing set for 5/12/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 04/29/2014)
281 Proposed Jury Instructions (with cites) by Jason Lee Zucker (5) (Serra, J) (Entered: 04/29/2014)
282 ORDER GRANTING IN PART AND DENYING IN PART RHONDA FIRESTACK−HARVEY'S MOTION TO SUPPRESS as to Rhonda Lee Firestack−Harvey (1); granting in part and denying in part 206 Motion to Suppress. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 04/29/2014)
283 ORDER DENYING MOTIONS TO DISMISS ON EQUAL PROTECTION OR DUE PROCESS GROUNDS denying 213 Motion to Supress and Dismiss as to Michelle Lynn Gregg (3)denying 216 Motion to Dismiss Case as to Rolland Mark Gregg (4); denying 205 Motion to Dismiss Case as to Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (JW, Operations Clk) (Entered: 04/29/2014)
284 ORDER DENYING MOTION TO COMPEL DISCOVERY denying 202 Motion for Discovery as to Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (JW, Operations Clk) (Entered: 04/29/2014)
285 ORDER DENYING JASON ZUCKER'S MOTION TO COMPEL THE UNITED STATES TO PROVIDE A BILL OF PARTICULARS denying 200 Motion for Bill of Particulars as to Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (JW, Operations Clk) (Entered: 04/29/2014)
286 ORDER DENYING JASON ZUCKER'S MOTION TO DISMISS BASED UPON THE UNITED STATES' FAILURE TO PRESERVE EVIDENCE denying 201 Motion to Dismiss Case as to Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (JW, Operations Clk) (Entered: 04/29/2014)
287 First Proposed Jury Instructions (with cites) by Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 04/30/2014)
288 MOTION to Modify Conditions of Release Motion to Modify Order on Release Conditions by Larry Lester Harvey (2). Motion Hearing set for 4/30/2014 at 06:30 PM in Without Oral Argument before Magistrate Judge John T. Rodgers. (Fischer, Robert) (Entered: 04/30/2014)
289 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 4/30/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 04/30/2014)
290 ORDER DENYING DEFENDANTS' MOTION TO DISMISS THE INDICTMENT ON THE GROUND THAT POSSESSION OF MARIJUANA IS LEGAL UNDER FEDERAL LAW; denying 213 MOTION to Dismiss filed by Michelle Lynn Gregg (3). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered:

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04/30/2014 04/30/2014
04/30/2014 04/30/2014 04/30/2014 04/30/2014 04/30/2014 05/01/2014 05/01/2014 05/02/2014 05/02/2014
05/02/2014 05/02/2014

04/30/2014)
291 ORDER Denying 273 Michelle Gregg's Motion for a Continuance as to Michelle Lynn Gregg (3). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 04/30/2014)
292 ORDER DENYING MICHELLE GREGG'S MOTION TO SUPPRESS EVIDENCE SEIZED PURSUANT TO THE SEARCH WARRANT THAT WAS ISSUED BY A STATE SUPERIOR COURT JUDGE as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5); denying 213 MOTION to Suppress filed by Michelle Lynn Gregg. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 04/30/2014)
293 NOTICE of Expert Witness by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hicks, Earl) (Entered: 04/30/2014)
294 NOTICE of Unavailability of Counsel by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Cikutovich, Frank) (Entered: 04/30/2014)
295 MOTION in Limine Re Medical Marijuana by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 5/8/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Hicks, Earl) (Entered: 04/30/2014)
296 ORDER DENYING DEFENDANTS' MOTION TO DISMISS THE INDICTMENT UNDER THE TENTH AMENDMENT; denying 215 Motion to Dismiss filed by Rolland Mark Gregg (4); denying 204 Motion to Dismiss filed by Jason Lee Zucker (5); denying 213 Motion to Dismiss filed by Michelle Gregg (3). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 04/30/2014)
297 ORDER DENYING JASON ZUCKER'S REQUEST FOR AN ORDER PRECLUDING THE UNITED STATES FROM FILING AN INFORMATION UNDER 21 U.S.C. 851(a); denying 269 Motion to Dismiss Enhancement on Grounds of Vindictive Prosecution filed by Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 04/30/2014)
298 TRIAL BRIEF by Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 05/01/2014)
299 ORDER GRANTING MOTION TO EXPEDITE AND MOTION TO MODIFY as to Larry Lester Harvey (2); granting 288 Motion to Modify Conditions of Release; granting 289 Motion to Expedite. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 05/01/2014)
300 Proposed Voir Dire by Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 05/02/2014)
301 NOTICE OF HEARING ON MOTION − By Court − Text entry; no PDF document. re 295 MOTION in Limine Re Medical Marijuana, 217 MOTION to Present Affirmative Defenses , 280 MOTION in Limine Defendant Zucker's In Limine Motions : as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5)Oral argument will be heard on 5/6/2014 at 01:30 PM by telephone conference call before Senior Judge Fred Van Sickle. The parties shall call 1−877−336−1829; Access Code: 3631196; Security Code: 7777.(KJH, Judicial Assistant) (Entered: 05/02/2014)
302 NOTICE of Hearing by Rolland Mark Gregg (4) re 217 MOTION to Present Affirmative Defenses as to Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 05/02/2014)
Set/Reset Motion Hearing in case as to Rolland Mark Gregg (4) re 217 MOTION to Present Affirmative Defenses . Motion Hearing set for 5/12/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle pursuant to Notice of Hearing, ECF No. 302 (CV, Case Administrator) (Entered: 05/02/2014)

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05/02/2014
05/02/2014 05/02/2014 05/05/2014 05/05/2014 05/05/2014 05/05/2014 05/05/2014
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303 NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral re 217 MOTION to Present Affirmative Defenses : as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Motion Hearing set for 5/6/2014 at 01:30 PM by telephone conference call before Senior Judge Fred Van Sickle. The parties shall call 1−877−336−1829; Access Code: 3631196; Security Code: 7777(KJH, Judicial Assistant) (Entered: 05/02/2014)
304 Proposed Voir Dire by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Hicks, Earl) (Entered: 05/02/2014)
305 Proposed Jury Instructions (with cites) by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Hicks, Earl) (Entered: 05/02/2014)
306 MOTION in Limine and Memorandum In Support of Defendant's Motion In Limine by Larry Lester Harvey (2). Motion Hearing set for 5/6/2014 at 01:30 PM in Telephonic Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 05/05/2014)
307 Proposed Jury Instructions (with cites) by Larry Lester Harvey (2) (Attachments: # 1 Exhibit Proposed JI No. 25, # 2 Exhibit Model JI No. 25)(Fischer, Robert) (Entered: 05/05/2014)
308 MOTION to Modify Conditions of Release Motion to Modify Order on Release Conditions by Larry Lester Harvey (2). Motion Hearing set for 5/5/2014 at 06:30 PM in Without Oral Argument before Magistrate Judge John T. Rodgers. (Fischer, Robert) (Entered: 05/05/2014)
309 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 5/5/2014 at 06:30 PM in Without Oral Argument before Magistrate Judge John T. Rodgers. (Fischer, Robert) (Entered: 05/05/2014)
310 RESPONSE to Motion re 295 MOTION in Limine Re Medical Marijuana, 280 MOTION in Limine Defendant Zucker's In Limine Motions Defendant Zuker's Reply to Government's In Limine Motion to Exclude Evidence of Medical Use of Marijuana as to Jason Lee Zucker (5). Motion Hearing set for 5/8/2014 at 06:30 PM in Spokane before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 05/05/2014)
311 RESPONSE to Motion re 295 MOTION in Limine Re Medical Marijuana Response to Government's Motion In Limine Regarding Medical Marijuana as to Larry Lester Harvey (2). (Fischer, Robert) (Entered: 05/05/2014)
312 Motion to Seal by Larry Lester Harvey (2). (Fischer, Robert) (Entered: 05/05/2014)
314 ORDER GRANTING MOTION TO EXPEDITE AND MOTION TO MODIFY ORDER as to Larry Lester Harvey (2); granting 308 Motion to Modify Conditions of Release; granting 309 Motion to Expedite. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 05/05/2014)
315 MOTION in Limine by Michelle Lynn Gregg (3). Motion Hearing set for 5/12/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Maxey, Bevan) (Entered: 05/05/2014)
316 MEMORANDUM in Support of 315 MOTION in Limine as to Michelle Lynn Gregg (3). (Maxey, Bevan) (Entered: 05/05/2014)
317 MEMORANDUM in Support of 213 MOTION to Suppress and Dismiss as to Standing as to Michelle Lynn Gregg (3). (Maxey, Bevan) (Entered: 05/05/2014)
318 DECLARATION in Support of 213 MOTION to Suppress and Dismiss and as to Standing by Michelle Lynn Gregg (3) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (Maxey, Bevan) (Entered: 05/05/2014)
319 RESPONSE to Motion re 295 MOTION in Limine Re Medical Marijuana as to Michelle Lynn Gregg (3). Motion Hearing set for 5/6/2014 at 01:30 PM in Telephonic Argument before Senior Judge Fred Van Sickle. (Maxey, Bevan) (Entered:

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 31 of 69

05/05/2014 05/06/2014
05/06/2014
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05/05/2014)
320 TRIAL BRIEF by Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 05/05/2014)
321 Minute Entry for TELEPHONIC proceedings held before Senior Judge Fred Van Sickle:Motion Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 5/6/2014 (Reported by: Lynette F. Walters) (VR, Courtroom Deputy) (Entered: 05/06/2014)
322 SUPERSEDING INDICTMENT as to Rhonda Lee Firestack−Harvey (1) − Counts 1s, 2s, 3s, 4s, 5s; Larry Lester Harvey (2) − Counts 1s, 2s, 3s, 4s, 5s; Michelle Lynn Gregg (3) − Counts 1s, 2s, 3s, 4s; Rolland Mark Gregg (4) Counts 1s, 2s, 3s, 4s; and Jason Lee Zucker (5) − Counts 1s, 2s, 3s, 4s. (CV, Case Administrator) (Entered: 05/06/2014)
324 Penalty Slip as to Rhonda Lee Firestack−Harvey (1) (CV, Case Administrator) (Entered: 05/06/2014)
325 Penalty Slip as to Larry Lester Harvey (2) (CV, Case Administrator) (Entered: 05/06/2014)
326 Penalty Slip as to Michelle Lynn Gregg (3) (CV, Case Administrator) (Entered: 05/06/2014)
327 Penalty Slip as to Rolland Mark Gregg (4) (CV, Case Administrator) (Entered: 05/06/2014)
328 Penalty Slip as to Jason Lee Zucker (5) (CV, Case Administrator) (Entered: 05/06/2014)
329 NOTICE OF ATTORNEY APPEARANCE Caitlin A Baunsgard appearing for USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attorney Caitlin A Baunsgard added to party USA(pty:pla))(Baunsgard, Caitlin) (Entered: 05/06/2014)
330 NOTICE OF HEARING By Court as to Larry Lester Harvey (2) and Rolland Mark Gregg (4). Text entry; no PDF attached.Superseding Arraignment set for 5/8/2014 at 1:30 PM in Spokane before Magistrate Judge John T. Rodgers. (LS, Courtroom Deputy) (Entered: 05/06/2014)
331 NOTICE OF HEARING By Court as to Rhonda Lee Firestack−Harvey (1). Text entry; no PDF attached. Arraignment set for 5/7/2014 at 2:00 PM in Spokane before Magistrate Judge John T. Rodgers. (LS, Courtroom Deputy) (Entered: 05/06/2014)
332 NOTICE OF HEARING By Court as to Michelle Lynn Gregg (3). Text entry; no PDF attached. Arraignment set for 5/9/2014 at 1:30 PM in Spokane before Magistrate Judge John T. Rodgers. (LS, Courtroom Deputy) (Entered: 05/06/2014)
333 NOTICE OF HEARING By Court as to Jason Lee Zucker (5). Text entry; no PDF attached. Arraignment set for 5/12/2014 at 8:15 AM in Spokane before Magistrate Judge John T. Rodgers. (LS, Courtroom Deputy) (Entered: 05/06/2014)
Reset Arraignment on Superseding Indictment for Jason Lee Zucker (5) to 5/12/2014 at 11:00 AM in Spokane before Magistrate Judge John T. Rodgers. (LS, Courtroom Deputy) (Entered: 05/07/2014)
334 WITNESS LIST by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Hicks, Earl) (Entered: 05/07/2014)
335 Minute Entry for proceedings held before Magistrate Judge John T. Rodgers:Arraignment on Superseding Indictment held on 5/7/2014 as to Rhonda Lee Firestack−Harvey (1). Not Guilty pleas entered (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 05/07/2014)
336 ORDER ON PLEA as to Rhonda Lee Firestack−Harvey (1). Not guilty plea entered. Defendant released under previously ordered conditions. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 05/07/2014)

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05/07/2014
05/07/2014 05/07/2014
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05/08/2014 05/08/2014

337 ORDER RE AFFIRMATIVE DEFENSES as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5); granting 295 USA's Motion in Limine Regarding Medical Marijuana; denying as moot 312 Motion to Seal filed by Larry Lester Harvey (2); denying 217 Motion to Present Affirmative Defenses filed by Rolland Mark Gregg (4); granting in part, denying in part and reserving in part 280 Motion in Limine filed by Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 05/07/2014)
338 MOTION to Continue Trial by Rolland Mark Gregg (4). Motion Hearing set for 5/12/2014 at 11:00 AM in Spokane before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 05/07/2014)
339 NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral Argument re 338 MOTION to Continue Trial : as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Motion Hearing set for 5/9/2014 at 11:00 AM by telephone confernece call before Senior Judge Fred Van Sickle. The parties shall call 1−877−336−1829; Access Code: 3631196; Security Code: 7777.(KJH, Judicial Assistant) (Entered: 05/07/2014)
361 ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Rhonda Lee Firestack−Harvey (1) (CV, Case Administrator) (Entered: 05/09/2014)
Reset Arraignment on Superseding Indictment for Michelle Lynn Gregg (3) to 5/12/2014 at 11:00 AM in Spokane before Magistrate Judge John T. Rodgers. (LS, Courtroom Deputy) (Entered: 05/08/2014)
340 MOTION for Joinder Defendant Zucker's Joinder in Motion to Continue Trial and Argument by Jason Lee Zucker (5). Motion Hearing set for 5/9/2014 at 11:00 AM in Telephonic Argument before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 05/08/2014)
341 Proposed Voir Dire by Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 05/08/2014)
342 RESPONSE to Motion by USA re 338 MOTION to Continue Trial as to Rolland Mark Gregg (4). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hicks, Earl) (Entered: 05/08/2014)
343 Minute Entry for proceedings held before Magistrate Judge John T. Rodgers:Arraignment on Superseding Indictment held on 5/8/2014 for Larry Lester Harvey (2) and Rolland Mark Gregg (4). Not Guilty pleas entered (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 05/08/2014)
344 Proposed Jury Instructions (with cites) by Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 05/08/2014)
345 DECLARATION by Douglas D. Phelps in Support of 338 MOTION to Continue Trial as to Rolland Mark Gregg (4). (Phelps, Douglas) (Entered: 05/08/2014)
346 WITNESS LIST by Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 05/08/2014)
347 WITNESS LIST by Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 05/08/2014)
348 MOTION to Quash Witness Subpoena by Google Inc as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 6/9/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Non−Party Google Inc.'s Motion to Quash Witness Subpoena)(Tyler, John) (Entered: 05/08/2014)
349 ORDER ON PLEA as to Rolland Mark Gregg (4). Not guilty plea entered. Defendant released on previously ordered conditions of release. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 05/08/2014)
350 DECLARATION by Darren Hubbard in Support of 348 MOTION to Quash Witness Subpoena by Google Inc as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (Tyler,

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05/08/2014 05/08/2014 05/08/2014 05/08/2014
05/08/2014 05/08/2014 05/08/2014 05/08/2014 05/08/2014 05/08/2014 05/09/2014
05/09/2014 05/09/2014
05/09/2014

John) (Entered: 05/08/2014)
351 ORDER ON PLEA as to Larry Lester Harvey (2). Not guilty plea entered. Defendant released on previously ordered conditions of release. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 05/08/2014)
352 ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Larry Lester Harvey (2) (CV, Case Administrator) (Entered: 05/08/2014)
353 ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Rolland Mark Gregg (4) (CV, Case Administrator) (Entered: 05/08/2014)
354 MOTION to Expedite by Google Inc as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 5/9/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Non−Party Google Inc.'s Motion to Expedite)(Tyler, John) (Entered: 05/08/2014)
355 Proposed Jury Instructions (with cites) by Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 05/08/2014)
356 EXHIBIT LIST by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attachments: # 1 Exhibit List)(Hicks, Earl) (Entered: 05/08/2014)
357 WITNESS LIST by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 05/08/2014)
358 MOTION in Limine by Larry Lester Harvey (2). Motion Hearing set for 5/9/2014 at 11:00 AM in Telephonic Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 05/08/2014)
359 Proposed Jury Instructions (with cites) by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 05/08/2014)
360 Supplemental WITNESS LIST by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Hicks, Earl) (Entered: 05/08/2014)
362 Minute Entry for TELEPHONIC proceedings held before Senior Judge Fred Van Sickle:Motion Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 5/9/2014 (Reported by: Ronelle F. Corbey) (VR, Courtroom Deputy) (Entered: 05/09/2014)
363 WAIVER of Speedy Trial by Rolland Mark Gregg (4) (Phelps, Douglas) (Entered: 05/09/2014)
364 FIFTH ORDER CONTINUING THE PRETRIAL CONFERENCE AND THE TRIAL as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) and Jason Lee Zucker (5); denying as moot with leave to renew 348 MOTION to Quash Witness Subpoena filed by Google Inc; granting 340 Defendant Zucker's MOTION for Joinder in Motion to Continue Trial and Argument; granting 354 MOTION to Expedite filed by Google Inc; granting in part and denying in part 306 MOTION in Limine filed by Larry Lester Harvey; denying 358 MOTION in Limine filed by Larry Lester Harvey; denying remaining portion of 280 MOTION in Limine filed by Jason Lee Zucker; granting 338 MOTION to Continue Trial filed by Rolland Mark Gregg; denying 315 MOTION in Limine filed by Michelle Lynn Gregg. Jury Trial set for reset from 5/23/2014 to 7/28/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 6/23/2014 at 10:30 AM in Spokane before Senior Judge Fred Van Sickle. EXCLUDABLE SPEEDY TRIAL ACT TIME FROM 5/5/14 − 5/9/14 and from 5/9/14 − 7/28/14. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 05/09/2014)
369 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing. Proceedings held on 4/22/2014 in Spokane, WA before Judge Fred Van Sickle. Volume Number: 1 of 2 Page Numbers: 1−104 as to Rhonda Lee Firestack−Harvey

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 34 of 69

(1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Dorothy Stiles by telephone at 509−850−5980.

05/11/2014 05/12/2014 05/12/2014
05/12/2014 05/12/2014 05/12/2014

Redaction Request due 5/30/2014. Redacted Transcript Deadline set for 6/9/2014. Release of Transcript Restriction set for 8/7/2014. (CV, Case Administrator) (Entered: 05/12/2014)
365 WAIVER of Speedy Trial by Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 05/11/2014)
Reset Arraignment on Superseding Indictment for Michelle Lynn Gregg (3) to 5/29/2014 at 1:30 PM in Spokane before Magistrate Judge John T. Rodgers. (LS, Courtroom Deputy) (Entered: 05/12/2014)
366 Minute Entry for proceedings held before Magistrate Judge John T. Rodgers: Arraignment on Superseding Indictment held on 5/12/2014 as to Jason Lee Zucker (5). Not Guilty pleas entered (Reported/Recorded by: FTR/S−740) (LS, Courtroom Deputy) (Entered: 05/12/2014)
367 WAIVER of Speedy Trial by Jason Lee Zucker (5) (Cikutovich, Frank) (Entered: 05/12/2014)
368 ORDER ON PLEA as to Jason Lee Zucker (5). Not guilty plea entered. Defendant released on previous conditions of release. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 05/12/2014)
370 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing. Proceedings held on 4/23/2014 in Spokane, WA before Judge Fred Van Sickle. Volume Number: 2 of 2 Page Numbers: 105−222 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Dorothy Stiles by telephone at 509−850−5980.

Redaction Request due 6/2/2014. Redacted Transcript Deadline set for 6/12/2014. Release of Transcript Restriction set for 8/11/2014. (CV, Case Administrator) (Entered: 05/12/2014)

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05/12/2014 05/12/2014 05/13/2014 05/14/2014 05/14/2014 05/27/2014 05/29/2014
05/29/2014 05/30/2014 05/30/2014 05/30/2014
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06/02/2014 06/02/2014
06/02/2014

371 WAIVER of Speedy Trial by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 05/12/2014)
372 ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Jason Lee Zucker (5) (CV, Case Administrator) (Entered: 05/13/2014)
373 NOTICE of Intent to Introduce Google Business Records by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Hicks, Earl) (Entered: 05/13/2014)
374 Second MOTION to Modify Conditions of Release to travel to Idaho by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 5/24/2013 at 06:30 PM in Spokane before Magistrate Judge John T. Rodgers. (Niesen, Jeffrey) (Entered: 05/14/2014)
375 Submission of Proposed Order Re 374 Second MOTION to Modify Conditions of Release to travel to Idaho filed by Rhonda Lee Firestack−Harvey ; as to Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 05/14/2014)
377 ORDER Denying 374 Motion to Travel as to Rhonda Lee Firestack−Harvey (1). Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 05/27/2014)
378 Minute Entry for proceedings held before Magistrate Judge John T. Rodgers: Superseding Arraignment held on 5/29/2014 as to Michelle Lynn Gregg (3) Count 1,1s,2,2s,3,3s,4,4s,5. Not Guilty pleas entered. (Reported/Recorded by: FTR/S−740) (JH) (Entered: 05/29/2014)
379 ORDER ON PLEA as to Michelle Lynn Gregg (3). Not guilty plea entered. Signed by Magistrate Judge John T. Rodgers. (PL, Case Administrator) (Entered: 05/29/2014)
380 MOTION to Dismiss Case by Rolland Mark Gregg (4). Motion Hearing set for 6/23/2014 at 10:30 AM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Exhibit)(Phelps, Douglas) (Entered: 05/30/2014)
381 MOTION for Extension of Time to File Defense Motions by Rolland Mark Gregg (4). Motion Hearing set for 6/6/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 05/30/2014)
382 MOTION to Expedite Motion for Extension of Time to File Defense Motions by Rolland Mark Gregg (4). Motion Hearing set for 6/6/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 05/30/2014)
383 MOTION to Dismiss Count(s) by Michelle Lynn Gregg (3). Motion Hearing set for 6/23/2014 at 10:30 AM in Spokane before Senior Judge Fred Van Sickle. (Maxey, Bevan) (Entered: 05/30/2014)
384 MOTION in Limine as to Medical Marijuana by Michelle Lynn Gregg (3). Motion Hearing set for 6/23/2014 at 10:30 AM in Spokane before Senior Judge Fred Van Sickle. (Maxey, Bevan) (Entered: 05/30/2014)
385 MOTION to Modify Conditions of Release Motion to Modify Order on Release Conditions by Larry Lester Harvey (2). Motion Hearing set for 6/2/2014 at 06:30 PM in Without Oral Argument before Magistrate Judge John T. Rodgers. (Fischer, Robert) (Entered: 06/02/2014)
386 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 6/2/2014 at 06:30 PM in Without Oral Argument before Magistrate Judge John T. Rodgers. (Fischer, Robert) (Entered: 06/02/2014)
387 MOTION to Modify Conditions of Release to permit travel outside district by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 6/10/2014 at 02:00 PM in Spokane before Magistrate Judge John T. Rodgers. (Attachments: # 1 Text of Proposed Order Propsed order)(Niesen, Jeffrey) (Entered: 06/02/2014)
389 ORDER DENYING ROLLAND M. GREGG'S MOTION FOR EXTENSION; denying 381 Motion for Extension of Time to File Pretrial Motions filed by Rolland Mark Gregg (4); granting 382 Motion to Expedite filed by Rolland Mark Gregg (4). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered:

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 36 of 69

06/02/2014 06/02/2014 06/03/2014 06/03/2014 06/06/2014 06/06/2014 06/06/2014 06/11/2014 06/12/2014
06/16/2014
06/16/2014
06/16/2014

06/02/2014)
390 RESPONSE to Motion by USA re 385 MOTION to Modify Conditions of Release Motion to Modify Order on Release Conditions as to Larry Lester Harvey (2). (Hicks, Earl) (Entered: 06/02/2014)
391 REPLY MEMORANDUM by Larry Lester Harvey (2) re 385 MOTION to Modify Conditions of Release Motion to Modify Order on Release Conditions Reply to Government's Response on Defendant's Motion to Modify Order on Release Conditions (Fischer, Robert) (Entered: 06/02/2014)
392 ORDER GRANTING MOTION TO EXPEDITE AND MOTION TO MODIFY ORDER as to Larry Lester Harvey (2); granting 385 Motion to Modify Conditions of Release re: travel; granting 386 Motion to Expedite. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 06/03/2014)
393 MOTION for Joinder in Co−Defendants Motions by Jason Lee Zucker (5). Motion Hearing set for 6/23/2014 at 10:30 AM in US Courthouse West 920 Riverside Avenue, Spokane, WA 99201 before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 06/03/2014)
394 RESPONSE to Motion by USA re 380 MOTION to Dismiss Case as to Rolland Mark Gregg (4). (Hicks, Earl) (Entered: 06/06/2014)
395 RESPONSE to Motion by USA re 384 MOTION in Limine as to Medical Marijuana as to Michelle Lynn Gregg (3). (Hicks, Earl) Modified on 6/9/2014 to remove link to ECF No. 383. (CV, Case Administrator). (Entered: 06/06/2014)
396 RESPONSE to Motion by USA re 383 MOTION to Dismiss Count(s) as to Michelle Lynn Gregg (3). (Hicks, Earl) (Entered: 06/06/2014)
397 NOTICE Re Expert Witness Testimony by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attachments: # 1 Attachment A)(Hicks, Earl) (Entered: 06/11/2014)
398 NOTICE OF HEARING ON MOTIONS − By Court − Text entry; no PDF document. − Oral Argument re 384 MOTION in Limine as to Medical Marijuana, 383 MOTION to Dismiss Count(s) , 380 MOTION to Dismiss Case , 393 MOTION for Joinder in Co−Defendants Motions : as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Oral argument will be held on 6/19/2014 at 11:00 AM in by telephone conference call before Senior Judge Fred Van Sickle. The parties shall call the Court's conference line at 1−877−336−1829; Access Code 3631196; Security Code 7777.(KJH, Judicial Assistant) (Entered: 06/12/2014)
399 NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral Argument Re 384 MOTION in Limine as to Medical Marijuana, 383 MOTION to Dismiss Count(s) , 380 MOTION to Dismiss Case , 393 MOTION for Joinder in Co−Defendants Motions : as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Motion Hearing RESET for 6/18/2014 at 02:00 PM by telephone conference call before Senior Judge Fred Van Sickle. The parties shall call the Court's conference line at 1−877−336−1829; Access Code 3631196; Security Code 7777.(KJH, Judicial Assistant) (Entered: 06/16/2014)
400 FINAL NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral Argument re 384 MOTION in Limine as to Medical Marijuana, 383 MOTION to Dismiss Count(s) , 380 MOTION to Dismiss Case , 393 MOTION for Joinder in Co−Defendants Motions : as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Motion Hearing RESET for 6/23/2014 at 11:00 AM by telephone conference call before Senior Judge Fred Van Sickle. The parties shall call the Court's conference line at 1−877−336−1829; Access Code 3631196; Security Code 7777.(KJH, Judicial Assistant) (Entered: 06/16/2014)
401 NOTICE OF HEARING − By Court − Text entry;no PDF document − as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Pretrial Conference RESET for 6/23/2014 at

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 37 of 69

06/18/2014
06/19/2014 06/19/2014 06/20/2014 06/20/2014 06/23/2014
06/24/2014 06/24/2014 06/25/2014 07/01/2014 07/02/2014 07/03/2014
07/10/2014 07/10/2014

11:00 am by telephone conference call Senior Judge Fred Van Sickle. The parties shall call the Court's conference line at 1−877−336−1829; Access Code 3631196; Security Code 7777.(KJH, Judicial Assistant) (Entered: 06/16/2014)
402 ORDER RECOGNIZING CODEFENDANTS' JOINDER IN PENDING MOTIONS as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) and Jason Lee Zucker (5); granting 393 MOTION for Joinder in Co−Defendants Motions 380 383 and 384 filed by Jason Lee Zucker. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 06/18/2014)
403 MOTION for Open Court Hearing by Rolland Mark Gregg (4). Motion Hearing set for 6/20/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 06/19/2014)
404 MOTION to Expedite Motion for Open Court Hearing by Rolland Mark Gregg (4). Motion Hearing set for 6/20/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 06/19/2014)
405 AFFIDAVIT of Michelle Gregg Re: Motion for Open Court Hearing by Michelle Lynn Gregg (3) as to Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 06/20/2014)
406 ORDER OVERRULING OBJECTION TO TELEPHONE CONFERENCE CALL filed by Rolland Mark Gregg (4); denying 403 Motion for Open Court Hearing; granting 404 Motion to Expedite. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 06/20/2014)
407 Minute Entry for TELEPHONIC proceedings held before Senior Judge Fred Van Sickle: Pretrial Conference as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 6/23/2014 (Reported by: Ronelle F. Corbey) (VR, Courtroom Deputy) (Entered: 06/23/2014)
408 ORDER DENYING MICHELLE GREGG'S MOTION TO DISMISS AND HER MOTION FOR RECONSIDERATION; denying 383 Motion to Dismiss Counts; denying 384 Motion for Reconsideration. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 06/24/2014)
409 ORDER DENYING ROLLAND GREGG'S MOTION TO DISMISS THE SUPERSEDING INDICTMENT; denying 380 MOTION to Dismiss filed by Rolland Mark Gregg. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 06/24/2014)
410 ORDER RE PROPOSED VOIR DIRE, ETC. as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 06/25/2014)
411 EX PARTE MOTION by Rolland Mark Gregg (4). (Attachments: # 1 Proposed Order)(Phelps, Douglas) (Entered: 07/01/2014)
412 Ex Parte ORDER as to Rolland Mark Gregg (4). Applicable Party: Rolland M. Gregg. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 07/02/2014)
413 MOTION in Limine to Exclude Defense Witnesses by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 7/28/2014 at 08:30 AM in Spokane before Senior Judge Fred Van Sickle. (Baunsgard, Caitlin) (Entered: 07/03/2014)
414 MOTION to Continue Trial by Rolland Mark Gregg (4). Motion Hearing set for 7/28/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 07/10/2014)
415 EX PARTE MOTION by Rolland Mark Gregg (4). (Attachments: # 1 Proposed Order)(Phelps, Douglas) (Entered: 07/10/2014)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 38 of 69

07/11/2014
07/11/2014 07/11/2014 07/14/2014 07/14/2014
07/14/2014
07/15/2014
07/15/2014 07/15/2014 07/15/2014
07/16/2014 07/17/2014 07/17/2014 07/17/2014 07/17/2014 07/17/2014 07/17/2014

416 ORDER REQUESTING EXPEDITED RESPONSES TO ROLLAND GREGG'S MOTION FOR A CONTINUANCE; ORDER SCHEDULING EXPEDITED REVIEW as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5), Motion Hearing set for 7/17/2014 at 09:00 AM in Spokane Video Conference. Signed by Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 07/11/2014)
417 MOTION to Appear Telephonically by Rolland Mark Gregg (4). Motion Hearing set for 7/15/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 07/11/2014)
418 MOTION to Expedite Motion to Appear Telephonically by Rolland Mark Gregg (4). Motion Hearing set for 7/15/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 07/11/2014)
419 RESPONSE re 416 Order,, Set/Reset Motion Hearing, by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Cikutovich, Frank) (Entered: 07/14/2014)
420 ORDER GRANTING REQUESTS TO PARTICIPATE BY TELEPHONE; granting 417 Motion to Appear Telephonically filed by Rolland Mark Gregg (4); granting 418 Motion to Expedite filed by Rolland Mark Gregg (4); granting 419 Request to Appear Telephonically filed by Jason L Zucker. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 07/14/2014)
421 MOTION in Limine to Introduce Business Records by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 7/28/2014 at 08:30 AM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Attachment A, # 2 Attachment B)(Hicks, Earl) (Entered: 07/14/2014)
422 RESPONSE to Motion by Michelle Lynn Gregg (3) re 414 MOTION to Continue Trial of Rolland Gregg as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (Maxey, Bevan) (Entered: 07/15/2014)
423 MOTION for Joinder in Motion to Continue Trial and Argument by Jason Lee Zucker (5). Motion Hearing set for 7/17/2013 at 09:00 AM in Telephonic Argument before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 07/15/2014)
424 RESPONSE to Motion by USA re 414 MOTION to Continue Trial as to Rolland Mark Gregg (4). (Hicks, Earl) (Entered: 07/15/2014)
425 MOTION for Leave to Appear Telephonically by Defendant Jason Zucker re Attorney: J. Tony Serra. by Jason Lee Zucker (5). Motion Hearing set for 7/17/2014 at 09:00 AM in Telephonic Argument before Senior Judge Fred Van Sickle. (Serra, J) (Entered: 07/15/2014)
426 REPLY MEMORANDUM by Rolland Mark Gregg (4) re 414 MOTION to Continue Trial (Attachments: # 1 Exhibit Exhibits A−C)(Phelps, Douglas) (Entered: 07/16/2014)
427 SUBPOENA(s) RETURNED EXECUTED as to Iain Ashley as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
428 SUBPOENA(s) RETURNED EXECUTED as to Officer Webb as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
429 SUBPOENA(s) RETURNED EXECUTED as to Special Agent Lyons as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
430 SUBPOENA(s) RETURNED EXECUTED as to Detective Loren Eardman as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
431 SUBPOENA(s) RETURNED EXECUTED as to Detective Mike Gilmore as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
432 SUBPOENA(s) RETURNED EXECUTED as to Agent Mike Gregg as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 39 of 69

07/17/2014 07/17/2014 07/17/2014 07/17/2014 07/17/2014 07/17/2014 07/23/2014 07/23/2014
07/23/2014
07/24/2014
07/28/2014

433 SUBPOENA(s) RETURNED EXECUTED as to Special Agent Shannon Hart as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
434 SUBPOENA(s) RETURNED EXECUTED as to Special Agent Sam Keiser as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
435 SUBPOENA(s) RETURNED EXECUTED as to Sargeant Brad Manke as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
436 SUBPOENA(s) RETURNED EXECUTED as to Deputy Julie Melby as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
437 SUBPOENA(s) RETURNED EXECUTED as to Captain Mike George as to Rolland Mark Gregg (4). (PL, Case Administrator) (Entered: 07/17/2014)
438 Minute Entry for VIDEO CONFERENCE proceedings held before Senior Judge Fred Van Sickle: Motion Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 7/17/2014 (Reported by: Lynette F. Walters) (VR, Courtroom Deputy) (Entered: 07/17/2014)
439 Ex Parte ORDER as to Rolland Mark Gregg (4). Applicable Party: Rolland M. Gregg (4). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 07/23/2014)
440 SIXTH ORDER CONTINUING THE PRETRIAL CONFERENCE AND THE TRIAL as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) and Jason Lee Zucker (5); granting 414 MOTION to Continue Trial filed by Rolland Mark Gregg; granting 423 MOTION for Joinder in Motion to Continue Trial filed by Jason Lee Zucker; granting 425 MOTION for Leave to Appear Telephonically by Defendant Jason Zucker. Pretrial Conference set for 10/20/2014 at 01:30 PM in Spokane before Senior Judge Fred Van Sickle. Jury Trial set for 11/3/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Excludable Speedy Trial Act Time from 7/10/2014 − 11/03/2014. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) Modified on 7/23/2014 to correct excludable time in docket text (CV, Case Administrator). (Entered: 07/23/2014)
441 AMENDED ORDER re 440 SIXTH ORDER CONTINUING THE PRETRIAL CONFERENCE AND THE TRIAL as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) and Jason Lee Zucker (5); granting 414 MOTION to Continue Trial filed by Rolland Mark Gregg; granting 423 MOTION for Joinder in Motion to Continue Trial filed by Jason Lee Zucker; granting 425 MOTION for Leave to Appear Telephonically by Defendant Jason Zucker. Pretrial Conference set for 10/20/2014 at 01:30 PM in Spokane before Senior Judge Fred Van Sickle. Jury Trial set for 11/3/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Excludable Speedy Trial Act Time from 7/10/2014 − 11/03/2014. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 07/23/2014)
442 SECOND AMENDED ORDER re 441 AMENDED SIXTH ORDER CONTINUING THE PRETRIAL CONFERENCE AND THE TRIAL as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) and Jason Lee Zucker (5); granting 414 MOTION to Con tinue Trial filed by Rolland Mark Gregg; granting 423 MOTION for Joinder in Motion to Continue Trial filed by Jason Lee Zucker; granting 425 MOTION for Leave to Appear Telephonically by Defendant Jason Zucker. Pretrial Conference set for 10/20/2014 at 01:30 PM in Spokane before Senior Judge Fred Van Sickle. Jury Trial set for 11/3/2014 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Excludable Speedy Trial Act Time from 7/10/2014 − 11/03/2014. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 07/24/2014)
443 MOTION to Reschedule Trial Setting by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 8/27/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 07/28/2014)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 40 of 69

07/28/2014 08/04/2014 08/07/2014 08/07/2014 08/07/2014 08/07/2014
08/07/2014 08/14/2014 08/22/2014
08/26/2014 08/26/2014 09/09/2014 09/09/2014

444 MOTION to Expedite Hearing by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 8/4/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 07/28/2014)
445 NOTICE of Intent to Use Expert Witness Testimony by Larry Lester Harvey (2) as to Larry Lester Harvey (2) (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Fischer, Robert) (Entered: 08/04/2014)
446 RESPONSE to Motion re 443 MOTION to Reschedule Trial Setting Response to Government's Motion to Reschedule Trial Setting as to Larry Lester Harvey (2). (Fischer, Robert) (Entered: 08/07/2014)
447 MOTION for Extension of Time to File Motion to Extend Time to File by Larry Lester Harvey (2). Motion Hearing set for 8/14/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 08/07/2014)
448 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 8/14/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 08/07/2014)
449 NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral Argument re 443 MOTION to Reschedule Trial Setting : as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Motion Hearing set for 8/26/2014 at 11:00 AM by telephone conference call before Senior Judge Fred Van Sickle. The parties shall call the Court's conference line at 1−877−336−1829; Access Code: 3631196; Security Code: 7777.(KJH, Judicial Assistant) (Entered: 08/07/2014)
450 TEXT ORDER (no pdf)granting 444 Motion to Expedite as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 08/07/2014)
451 ORDER GRANTING IN PART LARRY HARVEY'S MOTION TO EXTEND THE DEADLINE FOR FILING PRETRIAL MOTIONS. Granting in part and denying in part 447 Motion for Extension of Time to File as to Larry Lester Harvey (2); granting 448 Motion to Expedite as to Larry Lester Harvey (2). Signed by Senior Judge Fred Van Sickle. (RG, Case Administrator) (Entered: 08/14/2014)
452 AMENDED ORDER GRANTING, IN PART, LARRY HARVEY'S MOTION TO EXTEND THE DEADLINE FOR FILING PRETRIAL MOTIONS ( 2(C) only) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 451 Order on Motion for Extension of Time to File, Order on Motion to Expedite. Signed by Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 08/22/2014)
453 Minute Entry for TELEPHONIC proceedings held before Senior Judge Fred Van Sickle: Motion Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 8/26/2014 (Reported by: Mark A. Snover) (VR, Courtroom Deputy) (Entered: 08/26/2014)
454 ORDER SETTING TELEPHONIC HEARING as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Telephonic Hearing re: 443 USA's Request to Reschedule Trial Date set for 9/16/2014 at 11:00 AM before Senior Judge Fred Van Sickle. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 08/26/2014)
455 MOTION for Extension of Time to File Response/Reply by Larry Lester Harvey (2). Motion Hearing set for 9/9/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 09/09/2014)
456 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 9/9/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 09/09/2014)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 41 of 69

09/10/2014 09/16/2014 09/16/2014
09/18/2014 09/18/2014 09/19/2014 09/19/2014
09/23/2014
09/23/2014 09/29/2014 09/30/2014 10/16/2014 10/17/2014 10/17/2014

457 ORDER GRANTING LARRY HARVEY'S MOTION TO EXTEND THE DEADLINE FOR FILING PRETRIAL MOTIONS; granting 455 Motion for Extension of Time to File Pretrial Motions; granting 456 Motion to Expedite. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 09/10/2014)
458 Minute Entry for TELEPHONIC proceedings held before Senior Judge Fred Van Sickle: Motion Hearing as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 9/16/2014 (Reported by: Mark A. Snover) (VR, Courtroom Deputy) (Entered: 09/16/2014)
459 SEVENTH ORDER CONTINUING THE PRETRIAL CONFERENCE AND THE TRIAL as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), and Jason Lee Zucker (5); granting ECF No. 443 United States' Motion to Reschedule. Excludable delay from 07/28/14 until 09/16/14 pursuant to the Speedy Trial Act, 18 U.S.C. Section 3161(h)(1)(D) and from 09/16/14 until 12/01/14 pursuant to 18 U.S.C. Section 3161(h)(7). Jury Trial now set for 12/1/14 at 9:00 AM in Spokane, Washington before Senior Judge Fred Van Sickle. Pretrial Conference set for 11/18/14 at 11:00 AM in Spokane via Video Conference before Senior Judge Fred Van Sickle. Signed by Senior Judge Fred Van Sickle. (PL, Case Administrator) (Entered: 09/16/2014)
460 MOTION in Limine and Request for Daubert Hearing by USA as to Larry Lester Harvey (2). Motion Hearing set for 11/18/2014 at 11:00 AM in Spokane before Senior Judge Fred Van Sickle. (Hicks, Earl) (Entered: 09/18/2014)
461 WAIVER of Speedy Trial by Rhonda Lee Firestack−Harvey (1) (Attachments: # 1 Exhibit Speedy trial waiver)(Niesen, Jeffrey) (Entered: 09/18/2014)
462 WAIVER of Speedy Trial by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 09/19/2014)
Reset Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 421 MOTION in Limine to Introduce Business Records, 413 MOTION in Limine to Exclude Defense Witnesses. Motion Hearing set for 11/18/2014 at 11:00 AM in Spokane Video Conference before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 09/19/2014)
463 MOTION to Withdraw as Attorney by James F. Irwin. by Rolland Mark Gregg (4). Motion Hearing set for 10/23/2014 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order)(Attorney James F Irwin added to party Rolland Mark Gregg(pty:dft))(Irwin, James) Called attorney Doug Phelps and asked that he refile this using his login and password. Modified on 10/16/2014 (CC, Case Administrator). (Entered: 09/23/2014)
464 NOTICE OF ATTORNEY APPEARANCE: James F Irwin appearing for Rolland Mark Gregg (4) (Attachments: # 1 Supplement)(Irwin, James) (Entered: 09/23/2014)
465 WAIVER of Speedy Trial by Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 09/29/2014)
466 RESPONSE to Motion by USA re 463 MOTION to Withdraw as Attorney by James F. Irwin. as to Rolland Mark Gregg (4). (Hicks, Earl) (Entered: 09/30/2014)
467 NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral Argument re 463 MOTION to Withdraw as Attorney by James F. Irwin. : as to Rolland Mark Gregg (4) Motion Hearing set for 10/21/2014 at 10:00 AM Spokane Courtroom 755 before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 10/16/2014)
468 Amended MOTION Admission Pro Hac Vice with Waiver by Rolland Mark Gregg (4). Motion Hearing set for 10/21/2014 at 10:00 AM in Spokane Courtroom 755 before Senior Judge Fred Van Sickle. (Attachments: # 1 Pro Hac Vice Motion)(Irwin, James) (Entered: 10/17/2014)
469 First MOTION to Continue hearing by Rolland Mark Gregg (4). Motion Hearing set for 10/21/2014 Without Oral Argument before Senior Judge Fred Van Sickle. (Irwin,

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 42 of 69

10/17/2014 10/17/2014
10/17/2014 10/17/2014 10/17/2014 10/17/2014
10/17/2014 10/17/2014 10/21/2014 10/24/2014 10/24/2014 10/24/2014
10/24/2014 10/28/2014

James) (Entered: 10/17/2014)
470 MOTION Appear Telephonically at 10/21/14 hearing by Rolland Mark Gregg (4). Motion Hearing set for 10/21/2014 Without Oral Argument before Senior Judge Fred Van Sickle. (Irwin, James) (Entered: 10/17/2014)
471 First MOTION for Leave to File Additional Motions by Rolland Mark Gregg (4). Motion Hearing set for 11/18/2014 at 11:00 AM Spokane Courtroom 755 before Senior Judge Fred Van Sickle. (Attachments: # 1 Supplement Motion to Dismiss based on Windsor, # 2 Supplement Motion for Clarification, # 3 Supplement Motion for Severance, # 4 Supplement Motion to Modify Conditions of Release)(Irwin, James) (Entered: 10/17/2014)
472 MOTION to Withdraw as Attorney of Record by Douglas D. Phelps. by Rolland Mark Gregg (4). Motion Hearing set for 10/21/2014 at 10:00 AM in Spokane Courtroom 755 before Senior Judge Fred Van Sickle. (Phelps, Douglas) (Entered: 10/17/2014)
473 MOTION to Suppress by Larry Lester Harvey (2). Motion Hearing set for 11/18/2014 at 11:00 AM Spokane Courtroom 755 before Senior Judge Fred Van Sickle. (Attachments: # 1 Exhibit "A")(Fischer, Robert) (Entered: 10/17/2014)
474 DECLARATION by Jennifer McCann in Support of 473 MOTION to Suppress as to Larry Lester Harvey (2). (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Exhibit "D", # 5 Exhibit "E")(Fischer, Robert) (Entered: 10/17/2014)
475 NOTICE OF HEARING ON MOTION − By Court − Text entry;no PDF document. − Oral Argument re 471 First MOTION for Leave to File Additional Motions, 468 Amended MOTION Admission Pro Hac Vice with Waiver , 472 MOTION to Withdraw as Attorney of Record by Douglas D. Phelps. : as to Rolland Mark Gregg (4) Motion Hearing set for 10/21/2014 at 01:30 PM Spokane Courtroom 755 before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 10/17/2014)
476 TEXT ORDER (NO PDF)denying 469 Motion to Continue as to Rolland Mark Gregg (4) Mr. Irwin is excused from participating in the hearing.. Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 10/17/2014)
477 TEXT ORDER granting 470 Motion Requesting Permission to Appear by telephone as to Rolland Mark Gregg (4) Phil Telfeyan may appear by telephone at 1:30 on October 21, 2014.. Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 10/17/2014)
482 Minute Entry for proceedings held before Senior Judge Fred Van Sickle: Motion Hearing as to Rolland Mark Gregg (4) held on 10/21/2014 (Reported by: Mark A. Snover) (VR, Courtroom Deputy) (Entered: 10/27/2014)
478 Emergency MOTION for Reconsideration of 10/21/2014 Oral Ruling by Rolland Mark Gregg (4). Motion Hearing set for 10/27/2014 Without Oral Argument before Senior Judge Fred Van Sickle. (Attachments: # 1 Affidavit Gregg Declaration)(Irwin, James) (Entered: 10/24/2014)
479 Emergency MOTION to Expedite by Rolland Mark Gregg (4). Motion Hearing set for 10/27/2014 Without Oral Argument before Senior Judge Fred Van Sickle. (Irwin, James) (Entered: 10/24/2014)
480 TEXT ORDER DIRECTING GOVERNMENT TO FILE RESPONSE as to Rolland Mark Gregg's (4) 478 Emergency MOTION for Reconsideration of 10/21/2014 Oral Ruling filed by Rolland Mark Gregg. The government shall file a response by 4:00 p.m. October 28, 2014. Signed by Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 10/24/2014)
481 MEMORANDUM in Support of 468 Amended MOTION Admission Pro Hac Vice with Waiver as to Rolland Mark Gregg (4). (Phelps, Douglas) (Entered: 10/24/2014)
483 RESPONSE to Motion by USA re 478 Emergency MOTION for Reconsideration of 10/21/2014 Oral Ruling as to Rolland Mark Gregg (4). (Hicks, Earl) (Entered: 10/28/2014)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 43 of 69

10/29/2014 10/29/2014 10/30/2014 10/31/2014 10/31/2014 10/31/2014
10/31/2014
11/03/2014 11/03/2014
11/03/2014 11/03/2014 11/03/2014
11/04/2014
11/04/2014
11/04/2014 11/04/2014 11/05/2014

484 MOTION for Extension of Time to File Response/Reply by Larry Lester Harvey (2). Motion Hearing set for 10/29/2014 Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 10/29/2014)
485 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 10/29/2014 Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 10/29/2014)
486 Ex Parte ORDER as to Rolland Mark Gregg (4). Applicable Party: ROLLAND M. GREGG. Signed by Senior Judge Fred Van Sickle. (JW, Operations Clk) (Entered: 10/30/2014)
487 EX PARTE MOTION by Rolland Mark Gregg (4). (Irwin, James) (Entered: 10/31/2014)
488 RESPONSE to Motion by USA re 473 MOTION to Suppress as to Larry Lester Harvey (2). (Hicks, Earl) (Entered: 10/31/2014)
489 ORDER TO SHOW CAUSE WHY SCHEDULING ORDER (ECF NO. 457) SHOULD NOT BE ENFORCED as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Show Cause Response due by 11/4/2014 at 4:00 p.m. By noon on 11/7/14 US to file a response to defendants' explanation. Signed by Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 10/31/2014)
490 ORDER RE PROPOSED VOIR DIRE AND PROPOSED JURY INSTRUCTIONS as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) Signed by Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 10/31/2014)
491 Ex Parte ORDER as to Rolland Mark Gregg (4). Applicable Party: Rolland Mark Gregg. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/03/2014)
492 MOTION for Leave to File Motion to Allow Conditional Filing of Defendant's Response to Government's Motion In Limine/Request for Daubert Hearing by Larry Lester Harvey (2). Motion Hearing set for 11/3/2014 Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 11/03/2014)
493 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 11/3/2014 Without Oral Argument before Senior Judge Fred Van Sickle. (Fischer, Robert) (Entered: 11/03/2014)
494 RESPONSE to Motion re 460 MOTION in Limine and Request for Daubert Hearing as to Larry Lester Harvey (2). (Fischer, Robert) (Entered: 11/03/2014)
495 ORDER SETTING HEARING as to Rolland Mark Gregg (4); In Court Hearing set for 11/6/2014 at 11:30 AM in Spokane Courtroom 740 before Magistrate Judge John T. Rodgers. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 11/03/2014)
496 ORDER AUTHORIZING CONDITIONAL FILINGS; granting 492 Motion for Leave to File Conditional Filings filed by Larry Lester Harvey (2); granting 493 Motion to Expedite filed by Larry Lester Harvey (2). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/04/2014)
497 RESPONSE to Motion re 413 MOTION in Limine to Exclude Defense Witnesses, 421 MOTION in Limine to Introduce Business Records as to Michelle Lynn Gregg (3). Motion Hearing set for 11/18/2014 at 11:00 AM Spokane before Senior Judge Fred Van Sickle. (Maxey, Bevan) (Entered: 11/04/2014)
498 EX PARTE MOTION by Rolland Mark Gregg (4). (Attachments: # 1 Text of Proposed Order)(Phelps, Douglas) (Entered: 11/04/2014)
499 RESPONSE TO ORDER TO SHOW CAUSE by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 11/04/2014)
500 Ex Parte ORDER as to Rolland Mark Gregg (4). Applicable Party: Rolland M. Gregg. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered:

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 44 of 69

11/06/2014 11/06/2014
11/06/2014
11/06/2014
11/12/2014 11/12/2014 11/12/2014 11/12/2014 11/14/2014 11/14/2014 11/14/2014 11/14/2014 11/14/2014

11/05/2014)
502 RESPONSE re 499 Response to Order to Show Cause by USA as to Larry Lester Harvey (2) (Van Marter, Stephanie) (Entered: 11/06/2014)
503 ORDER STRIKING PRETRIAL CONFERENCE as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5); denying 479 Emergency MOTION to Expedite filed by Rolland Mark Gregg; denying 471 First MOTION for Leave to File Additional Motions filed by Rolland Mark Gregg; granting 484 MOTION for Extension of Time to File filed by Larry Lester Harvey; granting 485 MOTION to Expedite filed by Larry Lester Harvey. The 11/18/2014 Pretrial Conference is STRICKEN. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/06/2014)
Set/Reset Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 421 MOTION in Limine to Introduce Business Records, 413 MOTION in Limine to Exclude Defense Witnesses, 473 MOTION to Suppress . Motion Hearing set for 11/18/2014 at 06:30 PM Without Oral Argument before Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/06/2014)
504 ORDER AUTHORIZING SUBSTITUTION OF COUNSEL as to Rolland Mark Gregg (4); granting 468 Motion for Waiver of this District's pro hac vice fee; granting 472 Motion to Withdraw as Attorney − Attorney Douglas Dwight Phelps withdrawn from case as to Rolland Mark Gregg (4); granting 478 Motion for Reconsideration. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/06/2014)
505 ORDER Granting 421 Motion in Limine to Introduce Business Records as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/12/2014)
506 ORDER Reserving Ruling Regarding United States' 460 Request for a Daubert Hearing and Motion to Exclude Some of the Expected Testimony of Chris Conrad. Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/12/2014)
507 ORDER GRANTING THE UNITED STATES' MOTION IN LIMINE TO EXCLUDE DEFENSE WITNESSES granting 413 Motion in Limine as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Signed by Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 11/12/2014)
508 Supplemental WITNESS LIST by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 11/12/2014)
509 ORDER Denying 473 Motion to Suppress the Results of a 2014 Computer Search filed by Larry Lester Harvey (2). Signed by Senior Judge Fred Van Sickle. (CV, Case Administrator) (Entered: 11/14/2014)
510 ORDER REASSIGNING CASE. Case reassigned to Judge Thomas O. Rice for all further proceedings. Senior Judge Fred Van Sickle no longer assigned to case as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Signed by Chief Judge Rosanna Malouf Peterson. (CV, Case Administrator) (Entered: 11/14/2014)
Set/Reset Deadlines/Hearings as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5): Jury Trial set for 12/1/2014 at 09:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (CV, Case Administrator) (Entered: 11/14/2014)
511 MOTION to Continue Trial by Jason Lee Zucker (5). Motion Hearing set for 12/1/2014 at 09:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (Serra, J) (Entered: 11/14/2014)
512 Proposed Voir Dire by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 45 of 69

11/14/2014 11/14/2014 11/14/2014 11/14/2014 11/14/2014 11/14/2014 11/14/2014
11/14/2014
11/16/2014
11/17/2014
11/18/2014 11/19/2014 11/20/2014 11/20/2014 11/20/2014

(Hicks, Earl) (Entered: 11/14/2014)
513 Supplemental Proposed Jury Instructions (with cites) by Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 11/14/2014)
514 Proposed Jury Instructions (with cites) by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 11/14/2014)
515 TRIAL BRIEF by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 11/14/2014)
516 MEMORANDUM RE: MERE PRESENCE by Michelle Lynn Gregg (3) re 344 Proposed Jury Instructions as to Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 11/14/2014)
517 Proposed Jury Instructions (with cites) by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Telfeyan, Phil) (Entered: 11/14/2014)
518 Proposed Voir Dire by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Telfeyan, Phil) (Entered: 11/14/2014)
519 MOTION Additional Peremptory Challenges for Each Co−Defendant by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 12/1/2014 Without Oral Argument before Judge Thomas O. Rice. (Telfeyan, Phil) (Entered: 11/14/2014)
520 MOTION Oral Voir Dire for Each Co−Defendant by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 12/1/2014 Without Oral Argument before Judge Thomas O. Rice. (Telfeyan, Phil) (Entered: 11/14/2014)
521 MOTION to Expedite Defendant Zucker's Motion to Continue by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 11/20/2014 Without Oral Argument before Judge Thomas O. Rice. (Telfeyan, Phil) (Entered: 11/16/2014)
522 RESPONSE to Motion by Rhonda Lee Firestack−Harvey (1) re 521 MOTION to Expedite Defendant Zucker's Motion to Continue, 511 MOTION to Continue Trial as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (Niesen, Jeffrey) (Entered: 11/17/2014)
523 RESPONSE to Motion by USA re 511 MOTION to Continue Trial as to Jason Lee Zucker (5). (Hicks, Earl) (Entered: 11/18/2014)
524 RESPONSE by Larry Lester Harvey (2) Response to Motion to Continue as to Larry Lester Harvey (2) (Fischer, Robert) (Entered: 11/19/2014)
525 RESPONSE re 516 Memorandum by USA as to Michelle Lynn Gregg (3) (Hicks, Earl) (Entered: 11/20/2014)
526 RESPONSE to Motion by USA re 519 MOTION Additional Peremptory Challenges for Each Co−Defendant, 520 MOTION Oral Voir Dire for Each Co−Defendant as to Rolland Mark Gregg (4). (Hicks, Earl) (Entered: 11/20/2014)
527 ORDER GRANTING DEFENDANT ZUCKER'S 511 MOTION TO CONTINUE AND DEFENDANT ROLLAND GREGG'S 521 MOTION TO EXPEDITE as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), and Jason Lee Zucker (5). The final Pretrial Conference is set for 2/12/2015 at 10:00 a.m. in Spokane (Courtroom 902) before Judge Thomas O. Rice. The Jury Trial set for 12/1/2014 is vacated and continued to 2/23/2015 at 8:30 a.m. in Spokane (Courtroom 902) before Judge Thomas O. Rice. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 11/20/2014)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 46 of 69

11/20/2014
11/29/2014 12/01/2014 12/01/2014 12/03/2014 12/04/2014 12/05/2014 12/08/2014 01/06/2015 01/06/2015 01/07/2015
01/10/2015 01/11/2015 01/12/2015 01/15/2015 01/15/2015

Set/Reset Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 519 MOTION Additional Peremptory Challenges for Each Co−Defendant, 520 MOTION Oral Voir Dire for Each Co−Defendant, 460 MOTION in Limine and Request for Daubert Hearing. Motion Hearing set for 2/12/2015 at 10:00 AM Spokane Courtroom 902 before Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 11/20/2014)
528 WAIVER of Speedy Trial by Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 11/29/2014)
529 WAIVER of Speedy Trial by Larry Lester Harvey (2) (Fischer, Robert) (Entered: 12/01/2014)
530 WAIVER of Speedy Trial by Jason Lee Zucker (5) (Cikutovich, Frank) (Entered: 12/01/2014)
531 Ex Parte Document by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attachments: # 1 Exhibit "A")(Baunsgard, Caitlin) (Entered: 12/03/2014)
532 Third MOTION to Modify Conditions of Release for travel to California by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 12/9/2014 Without Oral Argument before Magistrate Judge John T. Rodgers. (Attachments: # 1 Text of Proposed Order for travel)(Niesen, Jeffrey) (Entered: 12/04/2014)
533 ORDER Granting 532 Motion to Travel as to Rhonda Lee Firestack−Harvey (1). Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 12/05/2014)
534 WAIVER of Speedy Trial by Rolland Mark Gregg (4) (Telfeyan, Phil) (Entered: 12/08/2014)
535 MOTION to Modify Conditions of Release to Allow Business Travel by Rolland Mark Gregg (4). Motion Hearing set for 1/9/2015 Without Oral Argument before Magistrate Judge John T. Rodgers. (Attachments: # 1 Text of Proposed Order Proposed Order)(Telfeyan, Phil) (Entered: 01/06/2015)
536 MOTION to Expedite Request to Travel by Rolland Mark Gregg (4). Motion Hearing set for 1/9/2015 Without Oral Argument before Magistrate Judge John T. Rodgers. (Attachments: # 1 Text of Proposed Order)(Telfeyan, Phil) (Entered: 01/06/2015)
537 ORDER granting 536 Motion to Expedite as to Rolland Mark Gregg (4). The Court will rule on Defendant's Motion to modify to allow travel on Monday, January 12, 2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the court order or notice on the matter. Signed by Magistrate Judge John T. Rodgers. (KR, Judicial Assistant) (Entered: 01/07/2015)
538 RESPONSE to Motion by USA re 535 MOTION to Modify Conditions of Release to Allow Business Travel as to Rolland Mark Gregg (4). (Baunsgard, Caitlin) (Entered: 01/10/2015)
539 REPLY MEMORANDUM by Rolland Mark Gregg (4) re 535 MOTION to Modify Conditions of Release to Allow Business Travel (Telfeyan, Phil) (Entered: 01/11/2015)
540 ORDER Denying 535 Motion to Modify Conditions of Release as to Rolland Mark Gregg (4). Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 01/12/2015)
541 MOTION to Dismiss Case and/or Enjoin Prosecution and Other Relief by Larry Lester Harvey (2). Motion Hearing set for 2/12/2015 at 10:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (Attachments: # 1 Exhibit, # 2 Exhibit)(Fischer, Robert) (Entered: 01/15/2015)
542 SUPPLEMENT re 541 MOTION to Dismiss Case and/or Enjoin Prosecution and Other Relief by Larry Lester Harvey (2) as to Larry Lester Harvey (2) (Attachments: # 1 Exhibit, # 2 Exhibit)(Fischer, Robert) (Entered: 01/15/2015)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 47 of 69

01/21/2015
01/22/2015
01/22/2015 01/22/2015 01/28/2015 01/28/2015 01/29/2015 01/29/2015 01/29/2015 02/02/2015 02/02/2015
02/02/2015 02/03/2015 02/03/2015

543 MOTION for Leave to File Motions in Response to Act of Congress by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 2/12/2015 at 10:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (Attachments: # 1 Motion to Dismiss as Required by Act of Congress, # 2 Motion for Reconsideration Due to Act of Congress, # 3 Text of Proposed Order)(Telfeyan, Phil) (Entered: 01/21/2015)
544 MOTION for Extension of Time to File Response/Reply as to 541 MOTION to Dismiss Case and/or Enjoin Prosecution and Other Relief, 542 Supplement by USA as to Larry Lester Harvey (2). Motion Hearing set for 2/20/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 01/22/2015)
545 MOTION to Expedite Hearing by USA as to Larry Lester Harvey (2). Motion Hearing set for 1/29/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 01/22/2015)
546 ORDER granting 544 Motion for Extension of Time to File Response and 545 Motion to Expedite as to Larry Lester Harvey (2). A response shall be filed by 1/29/2015. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF DOCUMENT. (LLH, Courtroom Deputy) (Entered: 01/22/2015)
547 MOTION for Extension of Time to File Motion to Extend Time to File/Motion for Leave to File Additional Motions by Larry Lester Harvey (2). Motion Hearing set for 2/4/2015 Without Oral Argument before Judge Thomas O. Rice. (Fischer, Robert) (Entered: 01/28/2015)
548 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 2/4/2015 Without Oral Argument before Judge Thomas O. Rice. (Fischer, Robert) (Entered: 01/28/2015)
549 RESPONSE to Motion by USA re 541 MOTION to Dismiss Case and/or Enjoin Prosecution and Other Relief as to Larry Lester Harvey (2). (Hicks, Earl) (Entered: 01/29/2015)
550 Additional Attachments to Main Document re 549 Response to Motion by USA as to Larry Lester Harvey (2) (Hicks, Earl) (Entered: 01/29/2015)
551 Additional Attachments to Main Document re 550 Additional Attachments to Main Document, 549 Response to Motion by USA as to Larry Lester Harvey (2) (Hicks, Earl) (Entered: 01/29/2015)
552 ORDER granting 543 Defendant's Motion for Leave to File Motions as to Rolland Mark Gregg (4). Responses shall be filed no later than 2/9/2015. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/02/2015)
553 MOTION to Dismiss Case by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 2/12/2015 at 10:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/02/2015)
554 MOTION for Reconsideration by Rolland Mark Gregg (4). Motion Hearing set for 2/12/2015 at 10:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/02/2015)
555 ORDER granting 548 Motion to Expedite as to Larry Lester Harvey (2). TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/03/2015)
556 ORDER granting 547 Defendant's Motion for Extension of Time to File as to Larry Lester Harvey (2). Defendant's 541 Motion to Dismiss Case and/or Enjoin Prosecution and Other Relief is accepted as filed. TEXT ONLY ORDER; NO PDF WILL ISSUE.Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/03/2015)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 48 of 69

02/04/2015 02/04/2015 02/04/2015 02/04/2015
02/04/2015 02/04/2015 02/04/2015 02/05/2015 02/09/2015 02/09/2015 02/10/2015 02/10/2015
02/10/2015 02/10/2015
02/10/2015 02/10/2015

557 MOTION for Leave to File Excess Pages by Larry Lester Harvey (2). Motion Hearing set for 2/4/2015 Without Oral Argument before Judge Thomas O. Rice. (Fischer, Robert) (Entered: 02/04/2015)
558 MOTION to Expedite by Larry Lester Harvey (2). Motion Hearing set for 2/4/2015 Without Oral Argument before Judge Thomas O. Rice. (Fischer, Robert) (Entered: 02/04/2015)
559 ORDER granting 558 Motion to Expedite as to Larry Lester Harvey (2). TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/04/2015)
560 ORDER granting 557 Motion for Leave to File Excess Pages as to Larry Lester Harvey (2). Defendant is allowed an extra ten (10) pages for his reply to the government's response to Defendant's motion to dismiss/enjoin. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/04/2015)
561 REPLY MEMORANDUM by Larry Lester Harvey (2) re 541 MOTION to Dismiss Case and/or Enjoin Prosecution and Other Relief Reply to Government's Response to Defendant's Motion to Dismiss/Enjoin Prosecution (Fischer, Robert) (Entered: 02/04/2015)
562 EX PARTE MOTION by Larry Lester Harvey (2). (Fischer, Robert) (Entered: 02/04/2015)
563 NOTICE Re: Expert Witness Testimony and/or Rule 701 Evidence by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Hicks, Earl) (Entered: 02/04/2015)
564 NOTICE of Unavailability of Counsel by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Serra, J) (Entered: 02/05/2015)
565 RESPONSE to Motion by USA re 554 MOTION for Reconsideration as to Rolland Mark Gregg (4). (Baunsgard, Caitlin) (Entered: 02/09/2015)
566 RESPONSE to Motion by USA re 553 MOTION to Dismiss Case as to Rolland Mark Gregg (4). (Hicks, Earl) (Entered: 02/09/2015)
567 MOTION in Limine by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 3/12/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Exhibit)(Baunsgard, Caitlin) (Entered: 02/10/2015)
568 MOTION for Leave to File Motion to Strike by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 2/12/2015 at 10:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (Attachments: # 1 Motion to Strike, # 2 Text of Proposed Order)(Telfeyan, Phil) (Entered: 02/10/2015)
569 MOTION to Expedite Motion for Leave by Rolland Mark Gregg (4). Motion Hearing set for 2/10/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Telfeyan, Phil) (Entered: 02/10/2015)
570 MOTION to Expedite Hearing by USA as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 2/13/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Baunsgard, Caitlin) (Entered: 02/10/2015)
571 REPLY MEMORANDUM by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 553 MOTION to Dismiss Case (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Telfeyan, Phil) (Entered: 02/10/2015)
572 REPLY MEMORANDUM by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 554 MOTION for Reconsideration (Telfeyan,

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02/11/2015 02/11/2015 02/11/2015
02/11/2015 02/12/2015 02/12/2015 02/12/2015 02/12/2015 02/12/2015 02/12/2015 02/13/2015 02/13/2015 02/13/2015

Phil) (Entered: 02/10/2015)
573 ORDER granting 568 Motion for Leave to File as to Rolland Mark Gregg (4). Defendant's Motion to Strike will be heard at the Pretrial Conference/Motions hearing on 2/12/2015. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Judicial Assistant) (Entered: 02/11/2015)
574 MOTION to Strike by Rolland Mark Gregg (4). Motion Hearing set for 2/12/2015 at 11:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/11/2015)
575 NOTICE RESETTING HEARING ON MOTION BY COURT *TIME ONLY* as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Due to a conflict with the Court's calendar, the Pretrial Conference/Motions hearing set for 2/12/2015 at 10:00 a.m. is RESET TO 2/12/2015 AT 11:00 a.m. in Spokane Courtroom 902 before Judge Thomas O. Rice. TEXT ONLY NOTICE; NO PDF WILL ISSUE.(BF, Judicial Assistant) (Entered: 02/11/2015)
Set/Reset Deadlines/Hearings as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5): Final Pretrial Conference set for 2/12/2015 at 11:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/11/2015)
576 ORDER granting 570 Motion to Expedite as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. BF, Judicial Assistant) (Entered: 02/12/2015)
577 ORDER granting 569 Motion to Expedite as to Rolland Mark Gregg (4). Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Judicial Assistant) (Entered: 02/12/2015)
578 ORDER DENYING 562 DEFENDANT'S EX PARTE MOTION as to Larry Lester Harvey (2). For the reasons stated on the record at the 2/12/2015 hearing, the motion is DENIED AS MOOT. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Judicial Assistant) (Entered: 02/12/2015)
579 ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), and Jason Lee Zucker (5). Defendants' 541 553 Motions to Dismiss are DENIED. Defendant Gregg's 554 Motion for Reconsideration is DENIED. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/12/2015)
580 Minute Entry for proceedings held before Judge Thomas O. Rice: Pretrial Conference as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) held on 2/12/2015. (Reported by: Debra Kinney Clark) (LLH, Courtroom Deputy) (Entered: 02/12/2015)
581 Letter from Judge Thomas O. Rice to Counsel dated 2/12/2015 re: Jury Trial Procedures as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), and Jason Lee Zucker (5). (BF, Judicial Assistant) (Entered: 02/12/2015)
582 ORDER RE: PRETRIAL MOTIONS as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), and Jason Lee Zucker (5). Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/13/2015)
583 MOTION to Stay Proceedings and Strike Deadlines and Trial Date by Larry Lester Harvey (2) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2). Motion Hearing set for 2/20/2015 Without Oral Argument before Judge Thomas O. Rice. (Fischer, Robert) (Entered: 02/13/2015)
584 DECLARATION by Robert R. Fischer in Support of 583 MOTION to Stay Proceedings and Strike Deadlines and Trial Date by Larry Lester Harvey (2) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2). (Fischer, Robert) (Entered: 02/13/2015)

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02/13/2015 02/13/2015 02/16/2015 02/16/2015 02/17/2015

585 MOTION to Expedite by Larry Lester Harvey (2) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2). Motion Hearing set for 2/20/2015 Without Oral Argument before Judge Thomas O. Rice. (Fischer, Robert) (Entered: 02/13/2015)
586 EXHIBIT LIST by Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 02/13/2015)
587 TRIAL BRIEF by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Telfeyan, Phil) (Entered: 02/16/2015)
588 First EXHIBIT LIST by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Telfeyan, Phil) (Entered: 02/16/2015)
589 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference/Motions Hearing. Proceedings held on 2/12/2015 in Spokane, WA before Judge Thomas O. Rice. Page Numbers: 1−47 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Debra Kinney Clark by telephone at 509−458−3433.

02/18/2015 02/18/2015 02/18/2015 02/18/2015 02/19/2015 02/19/2015 02/20/2015
02/20/2015

Redaction Request due 3/10/2015. Redacted Transcript Deadline set for 3/20/2015. Release of Transcript Restriction set for 5/18/2015. (CV, Case Administrator) (Entered: 02/17/2015)
590 MOTION to Dismiss Pursuant to Rule 48(a) by USA as to Larry Lester Harvey (2). Motion Hearing set for 3/20/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 02/18/2015)
591 −SEALED− Motion to Seal by USA as to Larry Lester Harvey (2). (Hicks, Earl) (Entered: 02/18/2015)
593 ORDER granting 591 Motion to Seal as to Larry Lester Harvey (2). TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/18/2015)
595 ORDER GRANTING 590 GOVERNMENT'S MOTION TO DISMISS SUPERSEDING INDICTMENT as to Larry Lester Harvey (2). Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/18/2015)
596 RESPONSE to Motion by USA re 583 MOTION to Stay Proceedings and Strike Deadlines and Trial Date as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2). (Hicks, Earl) (Entered: 02/19/2015)
598 First Amended WITNESS AND EXHIBIT LIST by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attachments: # 1 Exhibit List)(Hicks, Earl) (Entered: 02/19/2015)
599 Praecipe filed by USA re 598 Witness and Exhibit List. Description: refiled to correct Defendant's Counsel as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attachments: # 1 Exhibit List)(Hicks, Earl) (Entered: 02/20/2015)
600 NOTICE RESETTING JURY TRIAL DATE BY COURT as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), and Jason

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02/20/2015 02/20/2015 02/20/2015
02/23/2015 02/24/2015 02/24/2015 02/25/2015 02/25/2015 02/25/2015 02/25/2015 02/25/2015
02/26/2015 02/26/2015
02/27/2015 02/27/2015

Lee Zucker (5). Due to the Court's current trial schedule, the Jury Trial in this matter is reset to 2/25/2015 at 8:30 a.m. in Spokane Courtroom 902 before Judge Thomas O. Rice. Counsel shall appear in court at 8:30 a.m. on the first day of trial to address any pending pretrial matters. Jury selection will begin at 9:00 a.m. TEXT ONLY NOTICE; NO PDF WILL ISSUE.(BF, Judicial Assistant) (Entered: 02/20/2015)
601 First WITNESS LIST by Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 02/20/2015)
602 ORDER granting 585 Motion to Expedite as to Rhonda Lee Firestack−Harvey (1). TEXT ONLY NOTICE; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/20/2015)
603 ORDER DENYING AS MOOT 583 MOTION TO STAY as to Rhonda Lee Firestack−Harvey (1). Based on counsel's representation that Defendant will not pursue an appeal, the motion is denied as moot. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/20/2015)
604 EXHIBIT LIST by Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 02/23/2015)
605 Minute Entry for proceedings held before Judge Thomas O. Rice: Change of Plea Hearing as to Jason Lee Zucker (5) held on 2/24/2015 (Reported by: Ronelle F. Corbey) (LLH, Courtroom Deputy) (Entered: 02/24/2015)
608 NOTICE of Potential Conflict of Interest by USA as to Rolland Mark Gregg (4) (Baunsgard, Caitlin) (Entered: 02/24/2015)
609 Second Amended WITNESS AND EXHIBIT LIST by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Attachments: # 1 Exhibit List)(Hicks, Earl) (Entered: 02/25/2015)
610 Court's Preliminary Jury Instructions as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), and Rolland Mark Gregg (4). (BF, Judicial Assistant) (Entered: 02/25/2015)
611 Sealed Document as to Rolland Mark Gregg (4). (BF, Judicial Assistant) (Entered: 02/25/2015)
612 Minute Entry for proceedings held before Judge Thomas O. Rice: EX PARTE HEARING as to Rolland Mark Gregg (4) held on 2/25/2015 (Reported by: Ronelle F. Corbey) (LLH, Courtroom Deputy) (LLH, Courtroom Deputy). (Entered: 02/25/2015)
613 Minute Entry for proceedings held before Judge Thomas O. Rice: Jury Trial Day 1− Voir Dire/Jury Selection as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) held on 2/25/2015. Jury Trial continues on 2/26/2015 at 8:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (Reported by: Ronelle F. Corbey) (LLH, Courtroom Deputy) (Entered: 02/25/2015)
615 STIPULATION Re: Forensic Laboratory Results (Govt Exhibits 152 and 153) by USA, Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (BF, Judicial Assistant) (Entered: 02/26/2015)
616 Minute Entry for proceedings held before Judge Thomas O. Rice: Jury Trial as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) held on 2/26/2015. Jury Trial continues on 2/27/2015 at 8:30 a.m. in Spokane Courtroom 902 before Judge Thomas O. Rice. (Reported by: Ronelle F. Corbey) (BF, Judicial Assistant) (Entered: 02/26/2015)
618 ORDER DENYING DEFENDANT'S 607 SEALED MOTION TO CONTINUE as to Michelle Lynn Gregg (3). For the reasons stated on the record in open court, the motion is DENIED. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/27/2015)
619 Amended Proposed Jury Instructions (with cites) by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Hicks, Earl) (Entered: 02/27/2015)

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02/27/2015
03/02/2015 03/02/2015
03/03/2015 03/03/2015
03/03/2015 03/03/2015 03/03/2015 03/03/2015 03/03/2015 03/03/2015 03/03/2015 03/04/2015 03/04/2015
03/04/2015 03/10/2015

620 Minute Entry for proceedings held before Judge Thomas O. Rice: Jury Trial as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) held on 2/27/2015. Jury Trial continues on 3/2/2015 at 8:30 a.m. in Spokane Courtroom 902 before Judge Thomas O. Rice. (Reported by: Ronelle F. Corbey) (BF, Judicial Assistant) (Entered: 02/27/2015)
621 Court's Final Jury Instructions as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3) and Rolland Mark Gregg (4). (LLH, Courtroom Deputy) (Entered: 03/02/2015)
622 Minute Entry for proceedings held before Judge Thomas O. Rice: Jury Trial − Day Four as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) held on 3/2/2015. Jury Trial continues on 3/3/2015 at 8:30 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (Reported by: Ronelle F. Corbey) (LLH, Courtroom Deputy) (Entered: 03/02/2015)
623 ORDER Re Jury Meals as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/03/2015)
624 Minute Entry for proceedings held before Judge Thomas O. Rice: Jury Trial − Day Five as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) held on 3/3/2015. (Reported by: Ronelle F. Corbey) (Attachments: # 1 Exhibit List, # 2 Receipt for Exhibits, # 3 Witness List) (LLH, Courtroom Deputy) (Entered: 03/03/2015)
625 JURY VERDICT as to Rhonda Lee Firestack−Harvey (1) Guilty on Count 2s; Not Guilty on Counts 1s, 3s, 4s, 5s. (LLH, Courtroom Deputy) (Entered: 03/03/2015)
627 JURY VERDICT as to Michelle Lynn Gregg (3) Guilty on Count 2s; Not Guilty on Counts 1s, 3s, 4s. (LLH, Courtroom Deputy) (Entered: 03/03/2015)
629 JURY VERDICT as to Rolland Mark Gregg (4) Guilty on Count 2s; Not Guilty on Counts 1s, 3s, 4s. (LLH, Courtroom Deputy) (Entered: 03/03/2015)
631 Jury Note as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (LLH, Courtroom Deputy) (Entered: 03/03/2015)
632 Reply By Court to Jury Note 631 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (LLH, Courtroom Deputy) (Entered: 03/03/2015)
633 Jury Note as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (LLH, Courtroom Deputy) (Entered: 03/03/2015)
634 Reply By Court to Jury Note 633 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (LLH, Courtroom Deputy) (Entered: 03/03/2015)
635 MOTION for Detention by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (Attachments: # 1 Text of Proposed Order)(Baunsgard, Caitlin) (Entered: 03/04/2015)
Set Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 635 MOTION for Detention . Motion Hearing set for 4/3/2015 Without Oral Argument before Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/04/2015)
636 MOTION to Expedite Hearing by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). Motion Hearing set for 3/11/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Baunsgard, Caitlin) (Entered: 03/04/2015)
637 ORDER ACCEPTING GUILTY PLEA AND SETTING SENTENCING as to Jason Lee Zucker (5). A sentencing hearing is set for 6/17/2015 at 9:00 a.m. in Spokane Courtroom 902 before Judge Thomas O. Rice. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/10/2015)

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03/10/2015 03/10/2015
03/11/2015 03/11/2015 03/17/2015 03/17/2015 03/17/2015
03/17/2015 03/20/2015 03/24/2015 03/24/2015 03/25/2015 03/25/2015

638 ORDER REGARDING SCHEDULE FOR SENTENCING as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), and Rolland Mark Gregg (4). Sentencing set for 6/10/2015 at 10:00 a.m. in Spokane Courtroom 902 before Judge Thomas O. Rice. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/10/2015)
639 MOTION for Leave to File Opposition to Detention by Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 4/3/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Opposition to Detention, # 2 Exhibit Exhibit A to Opposition)(Telfeyan, Phil) (Entered: 03/10/2015)
640 ORDER granting 639 Motion for Leave to File as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). Defendants' response to the government's motion for detention is accepted as filed. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/11/2015)
641 ORDER DENYING UNITED STATES' 635 MOTION FOR DETENTION AND GRANTING 636 MOTION TO EXPEDITE as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), and Rolland Mark Gregg (4). Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/11/2015)
642 MOTION to Modify Conditions of Release to travel to Wash. DC by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 3/19/2014 at 11:00 AM in Spokane Courtroom 740 before Magistrate Judge John T. Rodgers. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 03/17/2015)
643 MOTION to Expedite Motion to Travel to Wash. DC by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 3/17/2015 Without Oral Argument before Magistrate Judge John T. Rodgers. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 03/17/2015)
Set/Reset Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1) re 643 MOTION to Expedite Motion to Travel to Wash. DC, 642 MOTION to Modify Conditions of Release to travel to Wash. DC. Motion Hearing set for 3/19/2015 at 06:30 PM Without Oral Argument before Judge Thomas O. Rice. Motions reset before Judge Thomas O. Rice and noted for hearing pursuant to the Local Rules. (BF, Judicial Assistant) (Entered: 03/17/2015)
644 MOTION for Acquittal , MOTION for New Trial by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 4/16/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Telfeyan, Phil) (Entered: 03/17/2015)
645 ORDER granting 642 Motion to Modify Conditions of Release and 643 Motion to Expedite as to Rhonda Lee Firestack−Harvey (1). Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/20/2015)
646 MOTION for Extension of Time to File Response/Reply as to 644 MOTION for Acquittal MOTION for New Trial by USA as to Rolland Mark Gregg (4). Motion Hearing set for 4/24/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 03/24/2015)
647 MOTION to Expedite Hearing by USA as to Rolland Mark Gregg (4). Motion Hearing set for 3/31/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 03/24/2015)
648 ORDER granting 647 United States' Motion to Expedite as to Rolland Mark Gregg (4). TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/25/2015)
649 ORDER granting 646 United States' Motion for Extension of Time to File Response to Defendant's Motion for Acquittal/New Trial as to Rolland Mark Gregg (4). The United States' response to Defendant's motion for Acquittal/New Trial shall be filed no later than 3/27/2015. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge

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03/27/2015 04/01/2015 04/07/2015

Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/25/2015)
650 RESPONSE to Motion by USA re 644 MOTION for Acquittal MOTION for New Trial as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (Hicks, Earl) (Entered: 03/27/2015)
651 REPLY MEMORANDUM by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) re 644 MOTION for Acquittal MOTION for New Trial (Telfeyan, Phil) (Entered: 04/01/2015)
652 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Excerpt of Proceedings. Proceedings held on 3/2/2015 in Spokane, WA before Judge Thomas O. Rice. Page Numbers: 1−5 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

04/17/2015 05/08/2015 05/08/2015 05/08/2015 05/08/2015
05/11/2015 05/11/2015 05/13/2015

Redaction Request due 4/28/2015. Redacted Transcript Deadline set for 5/8/2015. Release of Transcript Restriction set for 7/6/2015. (CV, Case Administrator) (Entered: 04/07/2015)
653 ORDER DENYING DEFENDANTS MOTION FOR ACQUITTAL AND NEW TRIAL. Defendants Motion for Judgment of Acquittal and for New Trial ECF No. 644 is DENIED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 04/17/2015)
658 NOTICE of Review of Presentence Investigation Report by USA as to Rhonda Lee Firestack−Harvey (1) (Hicks, Earl) (Entered: 05/08/2015)
659 NOTICE of Review of Presentence Investigation Report by USA as to Michelle Lynn Gregg (3) (Hicks, Earl) (Entered: 05/08/2015)
660 NOTICE of Review of Presentence Investigation Report by USA as to Rolland Mark Gregg (4) (Hicks, Earl) (Entered: 05/08/2015)
661 NOTICE of Review of Presentence Investigation Report and Objections for Three Defendants by Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Telfeyan, Phil) (Entered: 05/08/2015)
662 MOTION to Modify Conditions of Release for travel to Alaska by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 6/11/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 05/11/2015)
663 MOTION to Expedite Motion tp travel to Alaska by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 5/15/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 05/11/2015)
664 ORDER granting 662 Defendant's Motion to Modify Conditions of Release and granting 663 Defendant's Motion to Expedite as to Rhonda Lee Firestack−Harvey (1).

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05/14/2015 05/15/2015 05/20/2015
05/20/2015 05/20/2015 05/20/2015
05/20/2015
05/20/2015 05/27/2015 05/27/2015 05/27/2015 05/27/2015 05/28/2015

Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 05/13/2015)
665 RESPONSE re 661 Notice of Review of Presentence Investigation Report, by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Hicks, Earl) (Entered: 05/14/2015)
666 NOTICE of Review of Presentence Investigation Report by USA as to Jason Lee Zucker (5) (Hicks, Earl) (Entered: 05/15/2015)
667 MOTION for Extension of Time to File (Unopposed) by Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 5/22/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Telfeyan, Phil) (Entered: 05/20/2015)
668 MOTION to Expedite Unopposed Request for One−Day Extension by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 5/22/2015 Without Oral Argument before Judge Thomas O. Rice. (Telfeyan, Phil) (Entered: 05/20/2015)
669 MOTION to Continue Sentencing and Extend Deadlines for Filing Sentencing Documents by Jason Lee Zucker (5). Motion Hearing set for 5/26/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Proposed Order)(Cikutovich, Frank) (Entered: 05/20/2015)
670 MOTION for Release Pending Appeal if Incarceration Is Ordered by Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 6/10/2015 at 10:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (Attachments: # 1 Exhibit A)(Telfeyan, Phil) (Entered: 05/20/2015)
671 MOTION to Dismiss Case or, in the Alternative, MOTION to Stay of Sentencing by Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 6/5/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Telfeyan, Phil) (Entered: 05/20/2015)
672 MOTION to Expedite Motion to Dismiss or for Stay by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 6/5/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Telfeyan, Phil) (Entered: 05/20/2015)
673 ORDER granting 667 Defendants' Unopposed Motion for Extension of Time to File as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). Defendants' sentencing memoranda and motions shall be filed no later than 5/27/2015. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 05/27/2015)
674 ORDER granting 668 Motion to Expedite as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 05/27/2015)
675 SENTENCING MEMORANDUM by Rhonda Lee Firestack−Harvey (1) (Niesen, Jeffrey) (Entered: 05/27/2015)
682 Letter from Mr. LeClaire to Judge Rice dated 5/26/2015 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (BF, Judicial Assistant) (Entered: 05/27/2015)
686 MOTION for Extension of Time to File Response/Reply as to 671 MOTION to Dismiss Case or, in the Alternative MOTION to Stay of Sentencing, 670 MOTION for Release Pending Appeal if Incarceration Is Ordered by USA as to Rhonda Lee

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05/28/2015 05/28/2015 05/28/2015 05/28/2015 05/28/2015 05/28/2015
05/28/2015 05/29/2015 05/29/2015 05/29/2015 06/02/2015 06/03/2015 06/03/2015 06/03/2015

Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). Motion Hearing set for 6/26/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 05/28/2015)
687 MOTION to Expedite Hearing by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). Motion Hearing set for 6/4/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Hicks, Earl) (Entered: 05/28/2015)
688 SENTENCING MEMORANDUM by Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 05/28/2015)
689 Letter from S. Israel to Judge Rice dated 5/21/2015 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (BF, Judicial Assistant) (Entered: 05/28/2015)
690 ORDER granting 669 Defendant's Motion to Continue Sentencing as to Jason Lee Zucker (5). The sentencing hearing set for 6/17/2015 is vacated and continued to 7/24/2015 at 10:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 05/28/2015)
691 ORDER granting 687 United States' Motion to Expedite as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Judicial Assistant) (Entered: 05/28/2015)
692 ORDER granting 686 United States' Unopposed Motion for Extension of Time to File Responses to Defendants' Motion to Dismiss Case or, in the Alternative, Motion for Stay of Sentencing, and 670 Defendants' Motion for Release Pending Appeal if Incarceration is Ordered. The United States' responses shall be filed and served no later than 6/3/2015. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Judicial Assistant) (Entered: 05/28/2015)
693 SENTENCING MEMORANDUM by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Telfeyan, Phil) (Entered: 05/28/2015)
694 RESPONSE to Motion by USA re 671 MOTION to Dismiss Case or, in the Alternative MOTION to Stay of Sentencing as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (Hicks, Earl) (Entered: 05/29/2015)
695 SENTENCING MEMORANDUM by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Hicks, Earl) (Entered: 05/29/2015)
696 Letter from L. Lamanjahromi to Judge Rice dated 5/18/2015 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (Letter appears to be missing page(s).) (BF, Judicial Assistant) (Entered: 05/29/2015)
697 Letter from Patrick L. Jones to Judge Rice dated 5/27/2015 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (BF, Judicial Assistant) (Entered: 06/02/2015)
698 MOTION for Joinder and Motion to Continue Sentencing by Jason Lee Zucker (5). Motion Hearing set for 6/5/2015 Without Oral Argument before Judge Thomas O. Rice. (Cikutovich, Frank) (Entered: 06/03/2015)
699 RESPONSE re 695 Sentencing Memorandum by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Telfeyan, Phil) (Entered: 06/03/2015)
700 REPLY MEMORANDUM by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) re 671 MOTION to Dismiss Case or, in the Alternative MOTION to Stay of Sentencing (Telfeyan, Phil) (Entered: 06/03/2015)

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 57 of 69

06/04/2015 06/04/2015
06/05/2015 06/05/2015 06/08/2015 06/11/2015

701 RESPONSE re 699 Response, 693 Sentencing Memorandum, by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Attachments: # 1 Exhibit A)(Hicks, Earl) (Entered: 06/04/2015)
702 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' 671 MOTION TO DISMISS, TO ENJOIN, OR FOR STAY OF SENTENCING AND GRANTING DEFENDANTS' MOTION 672 TO EXPEDITE as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), and Rolland Mark Gregg (4). The sentencing hearing set for 6/10/2015 is vacated and continued to 10/2/2015 at 9:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 06/04/2015)
703 RESPONSE to Motion by USA re 670 MOTION for Release Pending Appeal if Incarceration Is Ordered as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (Hicks, Earl) (Entered: 06/05/2015)
Set/Reset Motion Hearing in case as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) re 670 MOTION for Release Pending Appeal if Incarceration Is Ordered. Motion Hearing set for 10/2/2015 at 09:00 AM Spokane Courtroom 902 before Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 06/05/2015)
704 Letter from Miguel Mulholland to Judge Rice dated 6/3/2015 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (BF, Judicial Assistant) (Entered: 06/08/2015)
705 NOTICE of Filing of Non−Scannable Exhibits with the Clerk. The following non−scannable exhibits have been filed with the Clerk: Video Recordings re 701 Response, 703 Response to Motion by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4)

Type of application required to view or listen to digital media: CD/DVD

06/11/2015 06/11/2015 06/11/2015 06/17/2015 06/17/2015

(Hicks, Earl) (Entered: 06/11/2015)
Remark as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). Clerk's office received 4 discs − two sets of two discs. (SK, Case Administrator) (Entered: 06/11/2015)
706 Letter from Robert Jungbluth to Judge Rice as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). (BF, Judicial Assistant) (Entered: 06/11/2015)
707 RESPONSE to Motion by USA re 698 MOTION for Joinder and Motion to Continue Sentencing as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (Hicks, Earl) (Entered: 06/11/2015)
708 SEALED DOCUMENT (CV, Case Administrator) (Entered: 06/18/2015)
709 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial − Day 1. Proceedings held on 2/25/2015 in Spokane, WA before Judge Thomas O. Rice. Volume Number: 1 of 5 Page Numbers: 1− 92 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 58 of 69

06/17/2015

Redaction Request due 7/8/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/15/2015. (CV, Case Administrator) (Entered: 06/18/2015)
710 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial − Day 2. Proceedings held on 2/26/2015 in Spokane, WA before Judge Thomas O. Rice. Volume Number: 2 of 5 Page Numbers: 93 − 354 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

06/17/2015

Redaction Request due 7/8/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/15/2015. (CV, Case Administrator) (Entered: 06/18/2015)
711 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial − Day 3. Proceedings held on 2/27/2015 in Spokane, WA before Judge Thomas O. Rice. Volume Number: 3 of 5 Page Numbers: 355 − 624 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

06/17/2015

Redaction Request due 7/9/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/16/2015. (CV, Case Administrator) Modified on 6/18/2015 to correct filing date (CV, Case Administrator). (Entered: 06/18/2015)
712 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial − Day 4. Proceedings held on 3/2/2015 in Spokane, WA before Judge Thomas O. Rice. Volume Number: 4 of 5 Page Numbers: 625 − 814 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 59 of 69

that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

06/17/2015

Redaction Request due 7/8/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/15/2015. (CV, Case Administrator) (Entered: 06/18/2015)
713 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial − Day 5. Proceedings held on 3/3/2015 in Spokane, WA before Judge Thomas O. Rice. Volume Number: 5 of 5 Page Numbers: 815 − 847 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

06/18/2015 06/19/2015
06/22/2015 07/10/2015 07/22/2015
07/24/2015 07/24/2015

Redaction Request due 7/8/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/15/2015. (CV, Case Administrator) (Entered: 06/18/2015)
714 REPLY MEMORANDUM by Jason Lee Zucker (5) re 698 MOTION for Joinder and Motion to Continue Sentencing (Cikutovich, Frank) (Entered: 06/18/2015)
715 ORDER DENYING IN PART DEFENDANTS MOTION FOR JOINDER AND MOTION TO CONTINUE SENTENCING as to Jason Lee Zucker (5). Defendants Motion for Joinder and Motion to Continue Sentencing ECF No. 698 is DENIED in part. The sentencing hearing set for 7/24/2015 at 10:00 a.m. in Spokane, Washington, remains set. A motion hearing is also set for 7/24/2015 at 10:00 a.m. in Spokane, Washington, to hear Defendants request for release pending appeal 698 . Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 06/19/2015)
716 NOTICE of Review of Presentence Investigation Report by Jason Lee Zucker (5) as to Jason Lee Zucker (5) (Cikutovich, Frank) (Entered: 06/22/2015)
717 SENTENCING MEMORANDUM by Jason Lee Zucker (5) (Attachments: # 1 Character Letters)(Cikutovich, Frank) (Entered: 07/10/2015)
722 MOTION to Produce Transcript (COMPLETE) by Michelle Lynn Gregg (3) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Motion Hearing set for 7/29/2015 Without Oral Argument before Judge Thomas O. Rice. (Maxey, Bevan) (Entered: 07/22/2015)
723 SUPPLEMENT to United States' Restricted Sentencing Memorandum by USA as to Jason Lee Zucker (5) (Attachments: # 1 Attachment A)(Baunsgard, Caitlin) (Entered: 07/24/2015)
724 Minute Entry for proceedings held before Judge Thomas O. Rice: Sentencing held on 7/24/2015 for Jason Lee Zucker (5), Count 1s, Imprisonment: 16 months; Supervised Release: 4 years; Fine: $5,000.00; Special Penalty Assessment: $100.00. Counts 1, 2, 2s, 3, 3s, 4, 4s, and 5 are Dismissed. (Reported by: Ronelle F. Corbey) (LLH,

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 60 of 69

07/24/2015 07/24/2015
07/31/2015 07/31/2015 07/31/2015 07/31/2015 08/03/2015
08/03/2015

Courtroom Deputy) (Entered: 07/24/2015)
725 JUDGMENT as to Jason Lee Zucker (5), Count 1s, Imprisonment: 16 months; Supervised Release: 4 years; Fine: $5,000.00; Special Penalty Assessment: $100.00. Counts 1, 2, 2s, 3, 3s, 4, 4s, 5 are Dismissed. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 07/24/2015)
727 ORDER GRANTING MOTIONS FOR RELEASE PENDING APPEAL AND TO MODIFY CONDITIONS OFRELEASE. Defendants Motion for Release Pending Appeal ECF No. 698 at 10 is GRANTED. Additionally, Defendants Motion to Modify Conditions of Release, heard at the sentencing hearing, is GRANTED. Mr. Zucker will remain released pending appeal. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 07/24/2015)
728 LODGED NOTICE OF APPEAL by Jason Lee Zucker (5) re 725 Judgment, ; Filing fee $ 505, receipt number 0980−2132992. (Cikutovich, Frank) (Entered: 07/31/2015)
729 NOTICE OF APPEAL by Jason Lee Zucker (5) re 725 Judgment. Filing fee $ 505.00, receipt number 0980−2132992. cc: Court Reporter: Debra Clark, Lynette Walters, Mark Snover, Ronelle Corbey, Dorothy Stiles. (CV, Case Administrator) Modified on 11/6/2015 9CCA No. 15−30232 (CV, Case Administrator). (Entered: 07/31/2015)
730 9CCA Payment Notification form as to Jason Lee Zucker (5) re 729 9CCA Notice of Appeal. Received $505, receipt number 0980−2132992. (CV, Case Administrator) (Entered: 07/31/2015)
731 Letter from Appeal Deputy Clerk to Frank Louis Cikutovich dated 07/31/2015 as to Jason Lee Zucker (5). (Attachments: # 1 Notice of Appeal, # 2 Docket Sheet)(CV, Case Administrator) (Entered: 07/31/2015)
732 9CCA Appeal Time Schedule and Case Number: 15−30232 for 729 9CCA Notice of Appeal filed by Jason Lee Zucker. Designation Due: 8/21/15. Transcript Due: 9/21/15. Opening Brief Due: 10/30/15. Appellees Brief Due: 11/30/15. cc: Court Reporters: Debra Clark, Lynette Walters, Mark Snover, Ronelle Corbey and Dorothy Stiles, as to Jason Lee Zucker (5). (SK, Case Administrator) (Entered: 08/03/2015)
733 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 1. Proceedings held on 02/25/2015 in Spokane before Judge The Honorable Thomas O. Rice. Volume Number: 6 Page Numbers: 848−858 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

08/03/2015

Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 11/2/2015. (AY, Case Administrator) (Entered: 08/03/2015)
734 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Jury Trial Day 4. Proceedings held on 03/02/2015 in Spokane before Judge The Honorable Thomas O. Rice. Volume Number: 7 Page Numbers: 859−909 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 61 of 69

remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

08/18/2015 08/21/2015 08/26/2015 08/28/2015 09/01/2015

Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 11/2/2015. (AY, Case Administrator) (Entered: 08/03/2015)
735 COPY OF 9CCA ORDER re 729 9CCA Notice of Appeal. 9CCA: 15−30232 as to Jason Lee Zucker (5). (CV, Case Administrator) (Entered: 08/19/2015)
736 TRANSCRIPT DESIGNATION of Record on Appeal by Jason Lee Zucker (5) re 729 9CCA Notice of Appeal. Date Appeal Filed: 7/31/15.Court Reporter:Debra Clark, Lynette Walters, Mark Snover, Ronelle Corbey, Dorothy Stiles,. 9CCA: 15−30232. (Attachments: # 1 Trans. Desig. & Order Form)(Flevaris, Taki) (Entered: 08/21/2015)
737 COPY OF 9CCA ORDER granting withdrawal of counsel re 729 9CCA Notice of Appeal. 9CCA: 15−30232 as to Jason Lee Zucker (5). (CV, Case Administrator) (Entered: 08/26/2015)
738 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Telfeyan, Phil) (Entered: 08/28/2015)
739 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference/Motions Hearing. Proceedings held on 03/29/13 in Spokane, Washington before Judge Fred Van Sickle. Page Numbers: 1−32 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Debra Clark by telephone at 509−458−3436.

09/01/2015

Redaction Request due 9/22/2015. Redacted Transcript Deadline set for 10/2/2015. Release of Transcript Restriction set for 11/30/2015. (PL, Case Administrator) (Entered: 09/01/2015)
740 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing. Proceedings held on 01/07/14 in Spokane, Washington before Judge Fred Van Sickle. Page Numbers: 1−14 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 62 of 69

days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Debra Clark by telephone at 509−458−3436.

09/03/2015

Redaction Request due 9/22/2015. Redacted Transcript Deadline set for 10/2/2015. Release of Transcript Restriction set for 11/30/2015. (PL, Case Administrator) (Entered: 09/01/2015)
741 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference. Proceedings held on 8/5/13 in Spokane before Judge Fred Van Sickle. Page Numbers: 1−17 as to Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Mark Snover by telephone at 509−458−3434.

09/03/2015

Redaction Request due 9/24/2015. Redacted Transcript Deadline set for 10/5/2015. Release of Transcript Restriction set for 12/2/2015. (Snover, Mark) (Entered: 09/03/2015)
742 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference. Proceedings held on 8/26/14 in Spokane before Judge Fred Van Sickle. Page Numbers: 1−16 as to Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Mark Snover by telephone at 509−458−3434.

09/03/2015

Redaction Request due 9/24/2015. Redacted Transcript Deadline set for 10/5/2015. Release of Transcript Restriction set for 12/2/2015. (Snover, Mark) (Entered: 09/03/2015)
743 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference. Proceedings held on 9/16/14 in Spokane before Judge Fred Van Sickle. Page Numbers: 1−13 as to Jason Lee Zucker (5).

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Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Mark Snover by telephone at 509−458−3434.

09/03/2015

Redaction Request due 9/24/2015. Redacted Transcript Deadline set for 10/5/2015. Release of Transcript Restriction set for 12/2/2015. (Snover, Mark) (Entered: 09/03/2015)
745 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing. Proceedings held on July 17, 2014 by Video Conference before Judge Fred Van Sickle. Page Numbers: 1−35 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Lynette Walters by telephone at 509−573−6613.

09/14/2015
09/17/2015 09/18/2015 09/18/2015 09/18/2015

Redaction Request due 9/24/2015. Redacted Transcript Deadline set for 10/5/2015. Release of Transcript Restriction set for 12/2/2015. (Walters, Lynette) (Entered: 09/03/2015)
747 TRANSCRIPT Ct. Rec 744 CORRECTED date on title page. Motion Hearing. Proceedings held on 5/16/2014 Telephonically before Judge Fred Van Sickle as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). Release of Transcript Restriction set for 12/2/2015. (Walters, Lynette) (Entered: 09/14/2015)
748 NOTICE of Witnesses for Sentencing Hearing by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Hicks, Earl) (Entered: 09/17/2015)
749 NOTICE of United States Exhibit List for Sentencing by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Attachments: # 1 Table of Exhibits)(Hicks, Earl) (Entered: 09/18/2015)
750 SENTENCING MEMORANDUM by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Telfeyan, Phil) (Entered: 09/18/2015)
751 WITNESS LIST by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) (Telfeyan, Phil) (Entered: 09/18/2015)

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09/19/2015 09/19/2015 09/22/2015

752 First MOTION to Continue sentencing by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 9/23/2015 Without Oral Argument before Judge Thomas O. Rice. (Niesen, Jeffrey) (Entered: 09/19/2015)
753 MOTION to Expedite by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 9/23/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 09/19/2015)
754 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Motion Hearing. Proceedings held on Sept 13, 2013 in Spokane, WA before Judge Fred Van Sickle. Page Numbers: 1 − 11 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

09/22/2015

Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/23/2015. Release of Transcript Restriction set for 12/21/2015. (Corbey, Ronelle) (Entered: 09/22/2015)
755 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Motion Hearing. Proceedings held on May 9, 2014 in Spokane, WA before Judge Fred Van Sickle. Page Numbers: 1 − 21 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

09/22/2015

Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/23/2015. Release of Transcript Restriction set for 12/21/2015. (Corbey, Ronelle) (Entered: 09/22/2015)
756 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Motion Hearing. Proceedings held on June 23, 2014 in Spokane, WA before Judge Fred Van Sickle. Page Numbers: 1 − 37 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 65 of 69

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

09/22/2015

Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/23/2015. Release of Transcript Restriction set for 12/21/2015. (Corbey, Ronelle) (Entered: 09/22/2015)
757 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Change of Plea. Proceedings held on Feb 24, 2015 in Spokane before Judge Thomas O. Rice. Page Numbers: 1 − 13 as to Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

09/22/2015

Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/23/2015. Release of Transcript Restriction set for 12/21/2015. (Corbey, Ronelle) (Entered: 09/22/2015)
758 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Sentencing. Proceedings held on July 24, 2015 in Spokane, WA before Judge Thomas O. Rice. Page Numbers: 1 − 34 as to Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey by telephone at 509−458−5283.

09/22/2015 09/24/2015

Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/23/2015. Release of Transcript Restriction set for 12/21/2015. (Corbey, Ronelle) (Entered: 09/22/2015)
759 RESPONSE to Motion by USA re 752 First MOTION to Continue sentencing as to Rhonda Lee Firestack−Harvey (1). (Hicks, Earl) (Entered: 09/22/2015)
760 ORDER DENYING 752 DEFENDANT'S MOTION TO CONTINUE AND GRANTING 753 DEFENDANT'S MOTION TO EXPEDITE as to Rhonda Lee

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 66 of 69

09/24/2015 09/24/2015 09/25/2015 09/28/2015 09/29/2015 10/01/2015
10/01/2015 10/01/2015 10/01/2015
10/02/2015
10/02/2015
10/02/2015
10/02/2015

Firestack−Harvey (1). Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 09/24/2015)
761 MOTION to Continue Sentencing by Michelle Lynn Gregg (3). Motion Hearing set for 9/28/2015 Without Oral Argument before Judge Thomas O. Rice. (Maxey, Bevan) (Entered: 09/24/2015)
762 MOTION to Expedite by Michelle Lynn Gregg (3). Motion Hearing set for 9/28/2015 Without Oral Argument before Judge Thomas O. Rice. (Maxey, Bevan) (Entered: 09/24/2015)
768 RESPONSE re 750 Sentencing Memorandum, by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Hicks, Earl) (Entered: 09/25/2015)
771 RESPONSE to Motion by USA re 761 MOTION to Continue Sentencing as to Michelle Lynn Gregg (3). (Hicks, Earl) (Entered: 09/28/2015)
772 ORDER DENYING DEFENDANT'S 761 MOTION TO CONTINUE SENTENCING AND GRANTING 762 MOTION TO EXPEDITE as to Michelle Lynn Gregg (3). The sentencing hearing scheduled for 10/2/2015 remains set. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 09/29/2015)
773 MOTION to Allow Additional Exhibits and Witnesses by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4). Motion Hearing set for 10/2/2015 at 09:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Atachment 3)(Hicks, Earl) (Entered: 10/01/2015)
774 STATEMENT and LETTERS SUBMITTED FOR SENTENCING by Michelle Lynn Gregg (3) as to Michelle Lynn Gregg (3) (Maxey, Bevan) (Entered: 10/01/2015)
775 NOTICE of United States' Amended Exhibit List for Sentencing by USA as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) (Attachments: # 1 Table of Exhibits)(Hicks, Earl) (Entered: 10/01/2015)
776 MOTION to Dismiss Case , MOTION for Release of Brady Materials ( Motion Hearing set for 10/2/2015 at 09:00 AM in Spokane Courtroom 902 before Judge Thomas O. Rice.) by Rolland Mark Gregg (4) as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Telfeyan, Phil) (Entered: 10/01/2015)
777 Minute Entry for proceedings held before Judge Thomas O. Rice: Sentencing − Contested held on 10/2/2015 for Rhonda Lee Firestack−Harvey (1), Count 2s, Imprisonment: One year and one day; Supervised Release: 3 years; Fine: waived; Special Penalty Assessment: $100.00. Counts 1, 1s, 2, 3, 3s, 4, 4s, 5, 5s, and 6 are Dismissed. (Reported by: Mark A. Snover) (LLH, Courtroom Deputy) (Entered: 10/02/2015)
778 Minute Entry for proceedings held before Judge Thomas O. Rice: Sentencing − Contested held on 10/2/2015 for Michelle Lynn Gregg (3), Count 2s, Imprisonment: One year and one day; Supervised Release: 3 years; Fine: $2,000.00; Special Penalty Assessment: $100.00. Counts 1, 1s, 2, 3, 3s, 4, 4s and 5 are Dismissed. (Reported by: Mark A. Snover) (LLH, Courtroom Deputy) (Entered: 10/02/2015)
779 Minute Entry for proceedings held before Judge Thomas O. Rice: Sentencing − Contested held on 10/2/2015 for Rolland Mark Gregg (4), Count 2s, Imprisonment: 33 months; Supervised Release: 3 years; Fine: $7,500.00; Special Penalty Assessment: $100.00. Counts 1, 1s, 2, 3, 3s, 4, 4s and 5 are Dismissed. (Reported by: Mark A. Snover) (Attachments: # 1 Witness List, # 2 Exhibit List) (LLH, Courtroom Deputy) (Entered: 10/02/2015)
780 ORDER: For the reasons stated on the record, the United States' Motion to Allow Additional Exhibits and Witnesses 773 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3) and Rolland Mark Gregg (4) is GRANTED. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF DOCUMENT. (LLH, Courtroom Deputy) (Entered: 10/02/2015)

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10/02/2015
10/02/2015 10/02/2015 10/02/2015 10/02/2015 10/08/2015 10/08/2015 10/13/2015 10/14/2015 10/14/2015
10/15/2015 10/15/2015 10/15/2015

781 ORDER: For the reasons stated on the record at the evidentiary hearing, the defendants' Motion to Dismiss Case/Release of Brady Materials 776 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5) is DENIED. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF DOCUMENT. (LLH, Courtroom Deputy) (Entered: 10/02/2015)
782 JUDGMENT as to Rhonda Lee Firestack−Harvey (1), Count 2s, Imprisonment: One year and one day; Supervised Release: 3 years; Fine: waived; Special Penalty Assessment: $100.00. Counts 1, 1s, 2, 3, 3s, 4, 4s, 5, 5s and 6 are Dismissed. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 10/02/2015)
784 JUDGMENT as to Michelle Lynn Gregg (3), Count 2s, Imprisonment: One year and one day; Supervised Release: 3 years; Fine: $2,000.00; Special Penalty Assessment: $100.00. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 10/02/2015)
786 JUDGMENT as to Rolland Mark Gregg (4), Count 2s, Imprisonment: 33 months; Supervised Release: 3 years; Fine: $7,500.00; Special Penalty Assessment: $100.00. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 10/02/2015)
788 ORDER GRANTING DEFENDANTS MOTION FOR RELEASE PENDING APPEAL as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3) and Rolland Mark Gregg (4). Defendants Motion for Release Pending Appeal ECF No. 670 is GRANTED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 10/02/2015)
789 MOTION to Modify Conditions of Release re Kirkland, WA by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 10/9/2014 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 10/08/2015)
790 MOTION to Expedite re Kirkland, WA by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 10/9/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 10/08/2015)
791 ORDER GRANTING 789 DEFENDANT'S MOTION TO MODIFY CONDITIONS OF RELEASE AND 790 MOTION TO EXPEDITE as to Rhonda Lee Firestack−Harvey (1). Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 10/13/2015)
792 LODGED NOTICE OF APPEAL by Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) re 782 Judgment, 786 Judgment, 784 Judgment ; Filing fee $ 505, receipt number waived. (Telfeyan, Phil) (Entered: 10/14/2015)
794 JOINT NOTICE OF APPEAL by Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) re 782 Judgment, 786 Judgment, 784 Judgment. cc: Court Reporters: Debra Clark, Lynette Walters, Mark Snover, Ronelle Corbey, Dorothy Stiles. (CV, Case Administrator) Modified on 10/15/2015 (CV, Case Administrator). Modified on 11/6/2015 9CCA Nos. − Firestack−Harvey 15−30311; Michelle Gregg 15−30312; Rolland Gregg 15−30313 (CV, Case Administrator). (Entered: 10/15/2015)
793 Amended Notice of Appeal as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) re 782 Judgment, 786 Judgment, 784 Judgment. (Telfeyan, Phil) 9CCA Appeal Case Number: 15−30311; 15−30312; and 15−30313. Modified on 10/16/2015 (CC, Case Administrator). Modified on 10/19/2015 (CV, Case Administrator). (Entered: 10/15/2015)
795 9CCA Payment Notification form as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) re 794 9CCA Notice of Appeal. Fee Not Paid. (CV, Case Administrator) (Entered: 10/15/2015)
796 Letter from Appeal Deputy Clerk to Jeffrey Scott Niesen dated 10/15/2015 as to Rhonda Lee Firestack−Harvey (1). (Attachments: # 1 Notice of Appeal, # 2 Docket Sheet)(CV, Case Administrator) (Entered: 10/16/2015)

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10/15/2015 10/15/2015 10/16/2015 10/16/2015 10/16/2015
10/16/2015
10/16/2015
10/29/2015 11/05/2015 11/06/2015

797 Letter from Appeal Deputy Clerk to Bevan Jerome Maxey dated 10/15/2015 as to Michelle Lynn Gregg (3). (Attachments: # 1 Notice of Appeal, # 2 Docket Sheet)(CV, Case Administrator) (Entered: 10/16/2015)
798 Letter from Appeal Deputy Clerk to Phil Telfeyan dated 10/15/2015 as to Rolland Mark Gregg (4). (Attachments: # 1 Notice of Appeal, # 2 Docket Sheet)(CV, Case Administrator) (Entered: 10/16/2015)
799 MOTION for Leave to Proceed In Forma Pauperis on Appeal and for Waiver of Fee by Rolland Mark Gregg (4). Motion Hearing set for 10/20/2015 Without Oral Argument before Judge Thomas O. Rice. (Telfeyan, Phil) (Entered: 10/16/2015)
800 MOTION to Expedite IFP Motion by Rolland Mark Gregg (4). Motion Hearing set for 10/20/2015 Without Oral Argument before Judge Thomas O. Rice. (Telfeyan, Phil) (Entered: 10/16/2015)
801 9CCA Appeal Time Schedule as to Rhonda Firestack−Harvey (1) and Case Number: 15−30311 for 794 9CCA Notice of Appeal filed by Rhonda Lee Firestack−Harvey, Rolland Mark Gregg, and Michelle Lynn Gregg. Designation Due: 11/4/15. Transcript Due: 12/4/15. Opening Brief Due: 1/13/16. Appellees Brief Due: 2/12/16. cc: Court Reporters: Debra Clark, Lynette Walters, Mark Snover, Ronelle Corbey, and Dorothy Stiles. (CC, Case Administrator) Modified on 10/16/2015 (CC, Case Administrator). Modified on 10/19/2015 (CV, Case Administrator). (Entered: 10/16/2015)
802 9CCA Appeal Time Schedule as to Michelle Gregg (2) and Case Number: 15−30312 for 794 9CCA Notice of Appeal filed by Rhonda Lee Firestack−Harvey, Rolland Mark Gregg, and Michelle Lynn Gregg. Designation Due: 11/4/15. Transcript Due: 12/4/15. Opening Brief Due: 1/13/16. Appellees Brief Due: 2/12/16. cc: Court Reporters: Debra Clark, Lynette Walters, Mark Snover, Ronelle Corbey, and Dorothy Stiles. (CC, Case Administrator) Modified on 10/19/2015 (CV, Case Administrator). (Entered: 10/16/2015)
803 9CCA Appeal Time Schedule as to Rolland Gregg (4) and Case Number: 15−30313 for 794 9CCA Joint Notice of Appeal filed by Rhonda Lee Firestack−Harvey, Rolland Mark Gregg, Michelle Lynn Gregg. Designation Due: 11/4/15. Transcript Due: 12/4/15. Opening Brief Due: 1/13/16. Appellees Brief Due: 2/12/16. cc: Court Reporters: Debra Clark, Lynette Walters, Mark Snover, Ronelle Corbey and Dorothy Stiles. (CV, Case Administrator) (Entered: 10/19/2015)
804 MOTION to Modify Conditions of Release re Kirkland, WA by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 11/30/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 10/29/2015)
805 TRANSCRIPT DESIGNATION of Record on Appeal by Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4) re 794 9CCA Notice of Appeal,. Date Appeal Filed: October 14, 2015.Court Reporter:Debra Clark, Ronelle Corbey, Dorothy Stiles,. 9CCA: 15−30313. (Telfeyan, Phil) (Entered: 11/05/2015)
806 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Sentecning. Proceedings held on 10/2/15 in Spokane before Judge Thomas O Rice. Page Numbers: 1−212 as to Rhonda Lee Firestack−Harvey (1), Larry Lester Harvey (2), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5).

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

Case: 2:13-cr-24 As of: 10/12/2016 06:35 PM PDT 69 of 69

To purchase a copy of the transcript contact Court Reporter/Transcriber Mark A Snover by telephone at 5094583434.

11/06/2015 11/18/2015 12/01/2015 12/07/2015 12/07/2015 12/11/2015 03/09/2016 03/10/2016 05/10/2016 05/10/2016
06/23/2016 06/29/2016

Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (Snover, Mark) (Entered: 11/06/2015)
807 COPY OF 9CCA ORDER re 794 9CCA Notice of Appeal, 729 9CCA Notice of Appeal. 9CCA Nos: 15−30232, 15−30311, 15−30312 and 15−30313 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (CV, Case Administrator) (Entered: 11/06/2015)
808 COPY OF 9CCA ORDER re 794 9CCA Notice of Appeal, 729 9CCA Notice of Appeal. 9CCA Nos: 15−30232; 15−30311; 15−30312; 15−30313 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), Jason Lee Zucker (5). (CV, Case Administrator) (Entered: 11/18/2015)
809 ORDER granting 804 Motion to Modify Conditions of Release as to Rhonda Lee Firestack−Harvey (1). Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 12/01/2015)
810 MOTION to Modify Conditions of Release to allow travel to Alaska for holidays by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 12/11/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 12/07/2015)
811 MOTION to Expedite by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 12/11/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 12/07/2015)
812 ORDER granting 810 811 Motions to Modify Conditions of Release and Expedite as to Rhonda Lee Firestack−Harvey (1). Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 12/11/2015)
813 MOTION to Modify Conditions of Release to allow travel to Alaska by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 4/8/2016 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 03/09/2016)
814 ORDER granting 813 Defendant's Motion to Modify Conditions of Release as to Rhonda Lee Firestack−Harvey (1). Signed by Chief Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 03/10/2016)
815 COPY OF 9CCA ORDER re 794 9CCA Joint Notice of Appeal and 729 9CCA Notice of Appeal. 9CCA Nos: 15−30232, 15−30311, 15−30312, 15−30313 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), and Jason Lee Zucker (5). (CV, Case Administrator) (Entered: 05/10/2016)
816 COPY OF 9CCA AMENDED ORDER re 815 9CCA Order re 794 9CCA Joint Notice of Appeal and 729 9CCA Notice of Appeal. 9CCA Nos: 15−30232, 15−30311, 15−30312, 15−30313 as to Rhonda Lee Firestack−Harvey (1), Michelle Lynn Gregg (3), Rolland Mark Gregg (4), and Jason Lee Zucker (5). (CV, Case Administrator) (Entered: 05/11/2016)
817 MOTION to Modify Conditions of Release to allow Travel by Rhonda Lee Firestack−Harvey (1). Motion Hearing set for 7/25/2016 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Niesen, Jeffrey) (Entered: 06/23/2016)
818 ORDER granting 817 Motion for Permission to Travel as to Rhonda Lee Firestack−Harvey (1). Signed by Chief Judge Thomas O. Rice. (BF, Paralegal) (Entered: 06/29/2016)