TERMINATED

U.S. District Court District of Oregon (Portland) CRIMINAL DOCKET FOR CASE #: 3:02cr00302RE4
Case title: USA v. Sherman, et al Date Filed: 08/13/2002 Date Terminated: 08/12/2008

Assigned to: Judge James A. Redden Defendant (4) Tre Arrow TERMINATED: 08/12/2008 also known as Michael J Scarpitti TERMINATED: 08/12/2008 represented by Bruce Ellison Law Office of Bruce Ellison PO Box 2508 328 East New York Street #5 Rapid City , SD 57709 (605) 3489458 Fax: (605) 3411583 Email: belli4law@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Paul T. Loney Belmont Law Center 3430 SE Belmont Street Suite 101 Portland , OR 97214 (503) 2342694 Fax: (503) 2341330 Email: blc@hevanet.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Pending Counts None Highest Offense Level (Opening) None Terminated Counts 18:844I.F &18:2 EXPLOSIVES USED IN COMMISSION OF FELONY ARSON (1s) Disposition This defendant has already been convicted by guilty plea of related charges in case number CR02440RE, the within indictment against Tre Arrow, formerly known as Michael J. Scarpitti is hereby DISMISSED. This defendant has already been convicted by guilty plea of related charges in case number CR02440RE, the within indictment against Tre Arrow, formerly known as Michael J. Scarpitti is hereby DISMISSED. This defendant has already been convicted by guilty plea of related charges in case number CR02440RE, the within Disposition

18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE (2s) 18:924(C)(1).F PENALTIES FOR INCENDIARY DESTRUCTIVE DEVICE IN RELATION TO A CRIME

OF VIOLENCE (3s)

indictment against Tre Arrow, formerly known as Michael J. Scarpitti is hereby DISMISSED. This defendant has already been convicted by guilty plea of related charges in case number CR02440RE, the within indictment against Tre Arrow, formerly known as Michael J. Scarpitti is hereby DISMISSED. This defendant has already been convicted by guilty plea of related charges in case number CR02440RE, the within indictment against Tre Arrow, formerly known as Michael J. Scarpitti is hereby DISMISSED.

18:844I.F &18:2 EXPLOSIVES USED IN COMMISSION OF FELONY ARSON (4s)

18:924(C)(1).F PENALTIES FOR INCENDIARY DESTRUCTIVE DEVICE IN RELATION TO A CRIME OF VIOLENCE (5s) Highest Offense Level (Terminated) Felony Complaints None

Disposition

Plaintiff USA represented by Frank Noonan , Jr. United States Attorney's Office 1000 SW Third Avenue Suite 600 Portland , OR 97204 (503) 7271010 Fax: (503) 7271117 Email: frank.noonan@usdoj.gov TERMINATED: 03/22/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen F. Peifer United States Attorney's Office 1000 SW Third Avenue Suite 600 Portland , OR 97204 (503) 7271012 Fax: (503) 7271117 Email: steve.peifer@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed 07/24/2002 # Docket Text PURSUANT to this courts Case Assignment Plan, this case to be assigned to JUDGE JAMES A. REDDEN for all further proceedings. (schman) Modified on 06/13/2003 (Entered: 08/13/2002) 5 SUPERSEDING INDICTMENT Jacob David Bardwell Sherman (1) count(s) 1s, 2s, 3s, 4s, Angela Marie Cesario (2) count(s) 1, 2, 3, 4, Jeremy David Rosenbloom (3) count(s) 1, 2, 3, 4, Michael J Scarpitti (4) count(s) 1, 2, 3, 4. As to all defendants, Knowingly and maliciously damage/destroy attempt to damage/destroy by means of fire logging truck; Arson; Did use, possess, and carry an

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incendiary destructive device, specifially milk jug containing gasoline (schman) (Entered: 08/13/2002) 08/13/2002 8 ARREST WARRANT ISSUED for Michael J Scarpitti DETENTION REQUESTED. by Judge John Jelderks (schman) (Entered: 08/13/2002) 14 CORRECTED/AMENDED ARREST WARRANT ISSUED for Michael J Scarpitti DETENTION REQUESTED. by Judge John Jelderks, issued date on warrant corrected to read 8/13/02 and not 7/13/02 (schman) (Entered: 08/16/2002) PURSUANT to this courts Case Assignment Plan, this case to be assigned to JUDGE JAMES A. REDDEN for all further proceedings. (case unsealed 8/13/02) (former employee) (Entered: 09/12/2003) 28 MOTION FOR DISCOVERY by Defendant Angela Marie Cesario (rr) (Entered: 08/21/2002) 30 MOTION TO SEAL by USA as to Defendants Jacob David Bardwell Sherman, Angela Marie Cesario, Jeremy David Rosenbloom, Michael J Scarpitti (rr) (Entered: 08/26/2002) 31 ORDER by Judge John Jelderks GRANTING MOTION TO SEAL by USA as to Defendants Jacob David Bardwell Sherman, Angela Marie Cesario, Jeremy David Rosenbloom, Michael J Scarpitti [301] the search warrants, applications, criminal complaint and affidavits are ordered sealed until further order of this court s/ 8/23/02 (cc: Counsel notified) (rr) (Entered: 08/26/2002) 34 ARREST WARRANT returned unexecuted as to Michael J Scarpitti (schman) (Entered: 08/29/2002) 41 MINUTES OF ORDER by Honorable James A. Redden regarding Defendant Jacob David Bardwell Sherman, Defendant Angela Marie Cesario, Defendant Jeremy David Rosenbloom Order defendant Rosenbloom's motion (doc #38) for extension to file pretrial motions is granted. The current case schedule, including the 11/5/02 trial is stricken and reset as follows. Discovery due 10/1/02. Motions due 10/29/02. Responses due 11/8/02. Replies due 11/13/02. Motion hearing if necessary to be set later. Pretrial documents due 11/26. 4 day jury trial set for 9:00 12/3/02 for Jacob David Sherman, for Angela Marie Cesario, for Jeremy David Rosenbloom in Portland before Honorable James A. Redden Order excludable delay from 11/5/02 to 12/3/02. (cc: Counsel notified) (jlr) (Entered: 09/27/2002) 42 APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT by Judge Janice M. Stewart REGARDING One black Nokia cellular telephone (kw) (Entered: 10/25/2002) 43 SEARCH WARRANT ISSUED AS TO: One black Nokia cellular telephone [421] by Judge Janice M. Stewart (kw) (Entered: 10/25/2002) 44 SEARCH WARRANT RETURNED; seizure made as to warrant re: One black Nokia cellular telephone [431] Judge Janice M. Stewart (kw) (Entered: 10/25/2002) 47 SECOND SUPERSEDING INDICTMENT Jacob David Bardwell Sherman (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss; Angela Marie Cesario (2) count(s) 1s, 2s, 3s, 4s, 5s; Jeremy David Rosenbloom (3) count(s) 1s, 2s, 3s, 4s, 5s; Michael J Scarpitti (4) count(s) 1s, 2s, 3s, 4s, 5s ARSON (Kirk) (Entered: 11/14/2002)

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48 ARREST WARRANT ISSUED for Michael J Scarpitti; DETENTION REQUESTED. Ordered by Judge John Jelderks (Kirk) (Entered: 11/14/2002) 49 CORRECTED/AMENDED ARREST WARRANT (issued 8/13/02) returned unexecuted as to Defendant Michael J Scarpitti; 2nd Superseding Indictment with new warrant issued on 11/14/02 (kw) (Entered: 11/18/2002) 59 MOTION TO EXTEND DEADLINES (for filing pretrial documents) by Defendant Angela Marie Cesario (kw) (Entered: 01/08/2003) 61 MINUTES OF ORDER by Honorable James A. Redden regarding Defendant Angela Marie Cesario GRANTING MOTION TO EXTEND DEADLINES (for filing pretrial documents) by Defendant Angela Marie Cesario [591]; Motions due 1/28/03; Response due 2/5/03; Reply Due 2/12/03; Pretrial Documents due by noon on 2/20/03; Pretrial Conference SET for 1:30 pm on 2/21/03 for Angela Marie Cesario; Pending Motions Hearing SET for 1:30 pm on 2/18/03 for Angela Marie Cesario before Honorable James A. Redden; 3day Jury Trial remains SET for 2/25/03 at 9:00 am before Honorable James A. Redden (cc: Counsel notified) (kw) (Entered: 01/13/2003) 67 MOTION by Plaintiff USA FOR DOWNWARD DEPARTURE re: Defendant Jacob David Bardwell Sherman (filed as part of same document as GOVERNMENT'S SENTENCING MEMORANDUM) (kw) (Entered: 02/20/2003) 74 TRANSCRIPT of 2/20/03 Sentencing Hearing of Defendant Jacob David Bardwell Sherman before Honorable James A. Redden court reporter: Mark B. Holt (kw) (Entered: 03/26/2003) 76 MOTION TO VACATE JUDGMENT by Defendant Jacob David Bardwell Sherman , and REINSTATE INDICTMENT by Defendant Jacob David Bardwell Sherman (kw) (Entered: 04/08/2003) 77 ORDER by Honorable James A. Redden GRANTING MOTION TO VACATE JUDGMENT [761] and GRANTING MOTION TO REINSTATE INDICTMENT by Defendant Jacob David Bardwell Sherman [762] ORDER vacating the Judgment [691] s/ 4/8/03 (cc: Counsel notified) (former employee) (Entered: 04/14/2003) 86 ORDER by Honorable James A. Redden MODIFY CONDITIONS OF RELEASE as to defendant Angela Marie Cesario (cc: Counsel notified) (schman) (Entered: 07/01/2003) 94 CONSENT TO MODIFY CONDITIONS OF RELEASE re Jeremy Rosenbloom by Honorable James A. Redden s/ 7/3/03 (cc: Counsel notified) (jlr) (Entered: 07/08/2003) 109 ORDER amending judgment/commitment by Honorable James A. Redden as to defendant Jeremy David Rosenbloom Judgment entered 10/14/03 is amended to add a recommendation that the defendant be disignated to FCI Sheridan. If Sheridan is not available, the court recommends a designation to FCI Lompoc, Ca. or FCI Terminal Island, California. If neither of these institutions are available, the court recommends FCI Allenwood, Pennsylvania. SEE Formal order.(cc: Counsel notified) (schman) (Entered: 10/20/2003) 111 Notice of Attorney Substitution: Attorney Stephen F. Peifer for USA in place and stead of Attorney G. Frank Noonan. (Meyer, Craig) (Entered: 03/24/2004)

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117 Notice of Attorney Appearance Paul T. Loney appearing for Michael J Scarpitti (Loney, Paul) (Entered: 02/05/2008) 118 Motion for Leave to Appear Pro Hac Vice Application for Special Admission Attorney: Paul Loney. by Michael J Scarpitti. (Attachments: # 1 Attachment Certification of Disciplinary Proceedings) (Loney, Paul) (Entered: 02/05/2008) 119 Letter as to Michael J Scarpitti regarding fees paid for Motion for Leave to Appear Pro Hac Vice Application for Special Admission Attorney: Bruce Ellison 118 filed by defense counsel Paul Loney. Court receipt # 19724 (schm) (Entered: 02/08/2008) 120 Order Granting Defendant's Application for Special Admission Pro Hac Vice of Attorney Bruce Ellison for Defendant Michael J Scarpitti (4). Application Fee in amount of $100 collected. Receipt No. 19724 issued. Signed 2/6/08 by Judge James A. Redden. (gm) (Entered: 03/03/2008) 121 Minutes of Proceedings:First / Initial Appearance before Judge Dennis J. Hubel as to Michael J Scarpitti held on 3/3/2008; Arraignment held. Defendant(s) advised of rights and waived reading of the indictment; Not guilty plea(s) entered; Order that Motions are due in 21 days and Discovery is due in 10 days; Counsel Present: Paul Loney(retained); Detention Hearing held Michael J Scarpitti (4) Defendants LocationCustody status is: DETAINED, (flight/danger). Jury Trial is set for 5/6/2008 at 09:00AM in Portland before Judge James A. Redden.ORDER: defendant's oral motion to change name is DENIED, with leave to renew. Counsel for the Government indicated that this indictment will be dismissed. A formal motion will follow. Counsel Present for Plaintiff: Stephen Peifer.Counsel Present for Defendant: Paul Loney.(Court Reporter FTR) (schm) (Entered: 03/04/2008) 122 Order of Detention as to Michael J Scarpitti by Judge Dennis J. Hubel signed on 3/3/08. (schm) (Entered: 03/04/2008) 123 Arrest Warrant Returned Executed on 3/3/08 as to Michael J Scarpitti. (schm) (Entered: 03/06/2008) 125 Scheduling Order as to Michael J Scarpitti. Defendant's unopposed motion to continue the 5/6/2008 jury trial (motion filed in CR 0244002RE) is granted and the jury trial is reset for 7/8/2008 at 09:00AM before Judge James A. Redden. The court finds in granting the motion that the ends of justice served outweigh the best interests of the public and the defendant in a speedy trial because additional time is needed for pretrial investigation and trial preparation. The period of time from 4/18/2008, the filing date of the instant motion, and 7/8/2008, the new trial date, is excluded pursuant to 18 USC 3161(h)(8)(A). Dispositive Motions are due by 6/16/2008. by Judge James A. Redden (lg) (Entered: 04/21/2008) 126 Motion to Amend/Correct Name on Indictment by Michael J Scarpitti. (Attachments: # 1 Attachment Name Change Order) (Loney, Paul) (Entered: 04/25/2008) 127 ORDER Granting 126 Defendant's Motion to Correct Name on Superseding Indictment as to Michael J Scarpitti (4). The defendant's true name is Tre Arrow and he is allowed to proceed under his true name. by Judge James A. Redden (lg) (Entered: 04/29/2008) 129 Motion to Dismiss Indictment filed by USA as to Tre Arrow. (Attachments: # 1 Proposed Order of Dismissal) (Peifer, Stephen) (Entered: 08/11/2008)

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130 ORDER Granting 129 Motion to Dismiss Indictment as to Tre Arrow (4) by Judge James A. Redden signed on 8/12/08. (schm) (Entered: 08/12/2008)