U.S. District Court Northern District of Indiana [LIVE]

USDC Northern Indiana (Fort Wayne)

CRIMINAL DOCKET FOR CASE #: 1:15−mj−00048−SLC−1

Case title: United States of America v. Fluckiger

Other court case number: 3:15−MJ−94 Western District of

North Carolina

Date Filed: 03/06/2015

Assigned to: Magistrate Judge

Susan L Collins

Defendant (1)

Michael Fluckiger represented by Thomas N O'Malley − FCD

Federal Community Defenders Inc − FW/IN

1101 E Ross Adair Federal Building

1300 S Harrison Street

Fort Wayne, IN 46802

260−422−9940

Fax: 260−422−9954

Email: thomas_o'malley@fd.org

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Public Defender or Community

Defender Appointment

Pending Counts Disposition

None

Highest Offense Level

(Opening)

None

Terminated Counts Disposition

None

Highest Offense Level

(Terminated)

None

Complaints Disposition

USC 2251

Plaintiff

1

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United States of America represented by Tina L Nommay − AUSA

US Attorney's Office − FW/IN

1300 S Harrison Street Room 3128

Fort Wayne, IN 46802

260−422−2595

Fax: 260−426−1616

Email: tina.nommay@usdoj.gov

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Government Attorney

Date Filed # Page Docket Text

03/04/2015 Arrest (Rule 5) of Michael Fluckiger (mr) (Entered: 03/06/2015)

03/06/2015 1 RULE 5c3 Documents Received (Complaint and Arrest Warrant) from Western

District of North Carolina as to Michael Fluckiger. (cer) (Entered: 03/06/2015)

03/06/2015 2 3 NOTICE OF PENALTIES by United States of America as to Michael Fluckiger

(Nommay − AUSA, Tina) (Entered: 03/06/2015)

03/06/2015 3 NOTICE OF HEARING as to Michael Fluckiger. Initial Appearance − Rule 5c3

set for 3/6/2015 10:30 AM in US District Court − Fort Wayne before Magistrate

Judge Susan L Collins. (mr) (Entered: 03/06/2015)

03/06/2015 4 5 ORDER granting Defendant Michael Fluckiger's request for appointment of

counsel; cause assigned to FCD Hammond for referral of counsel. Initial

Appearance − Rule 5c3 set for 3/6/2015 at 10:30 AM in US District Court − Fort

Wayne before Magistrate Judge Susan L Collins. Signed by Magistrate Judge

Susan L Collins on 3/6/15. (cer) (Entered: 03/06/2015)

03/06/2015 5 6 ATTORNEY APPEARANCE: Thomas N O'Malley − FCD appearing for

Michael Fluckiger (O'Malley − FCD, Thomas) (Entered: 03/06/2015)

03/06/2015 6 INITIAL APPEARANCE − RULE 5(c)(3) as to Michael Fluckiger held on

3/6/2015 before Magistrate Judge Susan L Collins. Govt appeared by atty Tina

Nommay and atty Nathaniel Henson. Dft appeared with Court appointed counsel,

atty Thomas O'Malley. Matthew Koon appeared on behalf of U S

Probation/Pretrial Services. Dft waives and gives up his right to an identity

hearing and concedes he is the same person named in the charges. Dft executes

Waiver of Rule 5 Hearing in open Court. Dft requests probable cause and

detention hearing be held in the charging district. Court orders dft detained and

remanded to custody of USM for transport to charging district, the Western

District of North Carolina, Statesville division. (FTR 1st floor.) (mr) (Entered:

03/06/2015)

03/06/2015 7 8 WAIVER of Rule 5 Hearings by Michael Fluckiger (mr) (Entered: 03/06/2015)

03/06/2015 8 9 COMMITMENT TO ANOTHER DISTRICT as to Michael Fluckiger.

Defendant committed to District of Western District of North Carolina. Signed

by Magistrate Judge Susan L Collins on 3/6/2015. (mr) (Entered: 03/06/2015)

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 UNITED STATES DISTRICT COURT 

 NORTHERN DISTRICT OF INDIANA 

 FORT WAYNE DIVISION 

UNITED STATES OF AMERICA ) 

) 

v. ) Cause No. 1:15-MJ-48 

) 

MICHAEL FLUCKIGER ) 

NOTICE OF PENALTIES

Comes now, the United States of America by its attorney, Tina L. Nommay, Assistant 

United States Attorney, and files its Notice of Penalties in this case, and states: 

The defendant has been charged by way of a Criminal Complaint out of the United States 

District Court, for the Western District of North Carolina, with a violation of 18 U.S.C. 

'2251(d)(1) and (e) for conspiracy to advertise child pornography. 

If convicted, the defendant faces a term of imprisonment of not less than 15 years and not 

more than 30 years, a fine of not more than $250,000.00, or both such fine and imprisonment, a 

supervised release term up to life, forfeiture, restitution to any victim(s) of the offense, and a 

$100.00 special assessment. However, if defendant has a prior conviction under this chapter, 

section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10, or under 

the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual 

conduct involving a minor or ward, or sex trafficking of children, or the production, possession, 

receipt, mailing, sale, distribution, shipment, or transportation of child pornography, he faces 

 

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imprisonment of not less than 25 years and not more than 50 years, a fine of not more than 

$250,000.00, or both such fine and imprisonment, a supervised release term up to life, forfeiture, 

restitution to any victim(s) of the offense, and a $100.00 special assessment. 

Respectfully submitted, 

DAVID CAPP 

UNITED STATES ATTORNEY 

/s/ Tina L. Nommay 

By: Tina L. Nommay 

Assistant United States Attorney 

E. Ross Adair Federal Building & U.S. Courthouse 

1300 South Harrison Street, Room 3128 

Fort Wayne, IN 46802-3489 

Telephone: (260) 422-2595 

Facsimile: (260) 426-1616 

E-mail Address: tina.nommay@usdoj.gov 

Case 1:15-mj-00048-SLC Document 2 Filed 03/06/15 Page 2 of 2

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

 v. ) 1:15-mj-48-SLC

)

MICHAEL FLUCKIGER )

ORDER

The Defendant’s request for appointment of counsel is GRANTED. This cause is assigned

to the Northern District of Indiana Federal Community Defenders, Inc., 31 E. Sibley St.,

Hammond, Indiana 46320 (219-937-8020), for referral of counsel to represent the defendant.

However, if the Federal Community Defenders, Inc. accepts the case, this order constitutes their

appointment upon their filing an appearance with the Court.

This case is set for an Initial Appearance - Rule 5c3 on March 6, 2015 at 10:30 a.m. 

 

Dated: March 6, 2015 

S/ Susan Collins 

 Magistrate Judge

Northern District of Indiana

Fort Wayne Division

Case 1:15-mj-00048-SLC Document 4 Filed 03/06/15 Page 1 of 1

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION

APPEARANCE 

UNITED STATES OF AMERICA 

 Plaintiff, 

 

v. CASE NUMBER: 1:15-MJ-48 

 

 

MICHAEL FLUCKIGER 

 Defendant.

To the Clerk of this Court and all parties of record: 

 I, the below-signed, state that I have read the Standards for Professional Conduct within 

the Seventh Federal Judicial Circuit pursuant to N.D. Ind. L.R. 83.5(g) and appendix B-65-B-70 

of this Court and will faithfully adhere to them. I declare under penalty of perjury that the 

foregoing is true and correct. 

 Enter my appearance as counsel in this case for Michael Fluckiger. 

March 6, 2015 

Date

 Northern District of Indiana Federal 

 Community Defenders, Inc. 

 By: S/Thomas N. O’Malley 

 Signature

 Thomas N. O’Malley 

Printed Name

 16827-02 

Indiana Attorney Registration Number 

 1300 S. Harrison St., Suite 1101 

 Fort Wayne, Indiana 46802 

 Phone: (260) 422-9940 

 Fax: (260) 422-9954 

Case 1:15-mj-00048-SLC Document 5 Filed 03/06/15 Page 1 of 2

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CERTIFICATE OF SERVICE

I hereby certify that, on March 6, 2015, I electronically filed the foregoing with the Clerk 

of the Court using the CM/CM/ECF system which sent notification of such filing to the 

following: 

Tina Nommay, Esq. 

Assistant United States Attorney 

tina.nommay@usdoj.gov

 s/ Thomas N. O’Malley 

 Thomas N. O’Malley, Staff Attorney 

 Northern District of Indiana 

 Federal Community Defenders, Inc. 

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