Buczek 20101109 Docket Report 121

CLOSED_2010, VictimNotify
U.S. DISTRICT COURT

U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00121-WMS-HKS All Defendants
Case title: USA v. Buczek Date Filed: 04/21/2009

Date Terminated: 11/09/2010
Assigned to: Hon. William M. Skretny

Referred to: Hon. H. Kenneth
Schroeder, Jr
Defendant (1)
Shane C. Buczek represented by Shane C. Buczek
TERMINATED: 11/09/2010 7335 Derby Road
Derby, NY 14047
PRO SE
Brian P. Comerford
Federal Public Defender
300 Pearl Street
Suite 200
Buffalo, NY 14202
716-551-3341
Fax: 716-551-3346
Email: brian_comerford@fd.org
TERMINATED: 07/19/2010
Designation: Public Defender
Appointment
John F. Humann
Federal Public Defender
300 Pearl Street
Suite 200
Buffalo, NY 14202
(716) 551-3341
Fax: 716-551-3346
Email: John_Humann@fd.org
ATTORNEY TO BE NOTICED
Pending Counts Disposition

BANK FRAUD 18:1344 The Defendant is sentenced to the
custody of the BOP for a term of 27
months on Count 1 to run concurrent to
the sentence imposed on Count 1 of 08-
CR-54 and Count 1 of 09-CR-141 and 6
months on Count 2 to be served
consecutively to Count 1 and Count 1 of
08-CR-54 and Count 1 of 09-CR-141
(1) and a 5 year term of Supervised Release
on Count 1 and 3 years on Count 3 to
run concurrent to each other and the
sentence in 09-CR-141 and 08-CR-54.
Conditions of Supervised release are as
detailed in minute entry of 11/5/2010.
$100.00 Special Assessment and
$8,882.39 restitution. imposed.
The Defendant is sentenced to the
custody of the BOP for a term of 27
months on Count 1 to run concurrent to
the sentence imposed on Count 1 of 08-
CR-54 and Count 1 of 09-CR-141 and 6
months on Count 2 to be served
consecutively to Count 1 and Count 1 of
OFFENSE COMMITTED WHILE ON
08-CR-54 and Count 1 of 09-CR-141
RELEASE 18:3147
and a 5 year term of Supervised Release
(2)
on Count 1 and 3 years on Count 3 to
run concurrent to each other and the
sentence in 09-CR-141 and 08-CR-54.
Conditions of Supervised release are as
detailed in minute entry of 11/5/2010.
$100.00 Special Assessment and
$8,882.39 restitution. imposed.
Highest Offense Level (Opening)

Felony
Terminated Counts Disposition

None
Highest Offense Level (Terminated)

None
Complaints Disposition
None
Plaintiff
USA represented by Anthony M. Bruce
U.S. Attorney's Office
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5886
Fax: 716-551-3052
Email: anthony.m.bruce@usdoj.gov
LEAD ATTORNEY
Mary C. Baumgarten
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5864
Fax: 716-551-3250
Email:
mary.catherine.baumgarten@usdoj.gov
Maura O'Donnell
Federal Centre
138 Delaware Avenue
Buffalo, NY 14202
716-843-5816
Fax: 716-551-3146
Email: maura.o'donnell2@usdoj.gov
Date Filed # Docket Text

04/21/2009 1 INDICTMENT as to Shane C. Buczek (1) count(s) 1, 2. (DR) (Entered:
04/24/2009)
05/06/2009 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder,
Jr:Arraignment as to Shane C. Buczek (1) Count 1,2 held on 5/6/2009. Court
read charges contained in indictment to defendant and entered plea of not
guilty on his behalf. Defendant objected to the Court entering plea of not
guilty on his behalf. Defendant advised of rights. Government moved for
detention. Defendant objected to govenment's motion. Detention Hearing set
for 5/7/2009 at 10:30 AM before Hon. H. Kenneth Schroeder Jr. Defendant
waived his right to be represented by counsel for purposes of Detention
Hearing. Time Excluded as to Shane C. Buczek from 5/6/2009 to 5/7/2009
pursuant to Title 18 USC 3161(h)(1)(D), (h)(7)(A) and (h)(7)(B)(iv).
Defendant remanded. Appearances by AUSA George Burgasser; Shane
Buczek appeared pro se; USPO Scott Kawski. (Court Reporter FTR Gold.)
(LMG) (Entered: 05/06/2009)
05/07/2009 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder,
Jr:Status Conference as to Shane C. Buczek held on 5/7/2009. Defendant
requested adjournment of Detention Hearing. Detention Hearing adjourned to
5/15/2009 at 02:00 PM before Hon. H. Kenneth Schroeder Jr. Time Excluded
as to Shane C. Buczek from 5/7/2009 to 5/15/2009 pursuant to Title 18 USC
3161(h)(1)(D) and (h)(7)(A). Defendant remanded to the custody of the U.S.
Marshals Service. Appearances by AUSA Timothy Lynch; Shane Buczek
appeared pro se; AFPD Brian Comerford appeared at the Court's request as
standby counsel. (Court Reporter FTR Gold.)(LMG) (Entered: 05/08/2009)
05/15/2009 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:
Detention Hearing as to Shane C. Buczek held on 5/15/2009. Defendant
stated that he wished to proceed pro se for purposes of Detention Hearing.
Court released defendant in all three cases (08-CR-54, 09-CR-121 and 09-
CR-141) on $10,000 signature bond to be co-signed by responsible surety,
electronic monitoring and home incarceration. Defendant to execute $10,000
signature bond in all three cases, but total amount to be forfeited in the event
the defendant fails to comply with any condition of release set by the Court
equals $10,000. Defendant will consider either retaining counsel or requesting
assigned counsel. Status Conference set for 6/3/2009 at 10:30 AM before
Hon. H. Kenneth Schroeder Jr. Time Excluded as to Shane C. Buczek from
5/15/2009 to 6/3/2009 pursuant to Title 18 USC 3161(h)(7)(A) and (h)(7)(B)
(iv). Defendant remanded to custody of U.S. Marshals Service until EMS
investigation is completed. Appearances by AUSA Anthony Bruce; Shane
Buczek appeared pro se. (Court Reporter FTR Gold.) (LMG) (Entered:
05/15/2009)
05/15/2009 2 Appearance Bond Entered as to Shane C. Buczek in amount of $ $10,000.00
Signature. (DR) (Entered: 05/19/2009)
05/15/2009 3 ORDER TO CONTINUE - Ends of Justice as to Shane C. Buczek Time
excluded from 5/6/09 until 5/15/09.. Signed by Hon. H. Kenneth Schroeder, Jr
on 5/15/09.(DR) (Entered: 05/21/2009)
05/28/2009 Summons Issued in case as to Shane C. Buczek. Docket Call set for 6/3/2009
10:30 AM before Hon. H. Kenneth Schroeder Jr. (LMG) (Entered:
05/28/2009)
05/28/2009 5 ORDER Setting Conditions of Release. Signed by Hon. H. Kenneth
Schroeder, Jr on 5/15/09.(LMG) (Entered: 05/28/2009)
Status Conference as to Shane C. Buczek held on 6/3/2009. Defendant made
oral motion to travel to Texas to meet with attorney he may wish to retain.
Motion denied. Defendant directed to provide the Court with the name of the
attorney he has retained no later than 6/4/2009. Status Conference set for
6/5/2009 at 03:30 p.m. Defendant reminded to follow terms and conditions of
bail previously imposed. Time Excluded as to Shane C. Buczek from
(iv). Appearances by AUSA Anthony Bruce; Shane Buczek appeared pro se.
(Court Reporter FTR Gold.)(LMG) (Entered: 06/03/2009)
Status Conference as to Shane C. Buczek held on 6/5/2009. Defendant
advised that he has a meeting scheduled with attorney David Jay on 6/6/2009.
Appearance of Counsel Hearing set for 6/15/2009 at 02:30 PM before Hon. H.
Kenneth Schroeder Jr. Court found that defendant did not violate the terms
and conditions of bail alleged in the most recent violation. Defendant ordered
to remove himself from all social networking sites by 5:00 p.m. on 6/8/2009.
THE CLERK OF THE COURT IS DIRECTED TO RECEIVE AND
ACCEPT FOR FILING ALL OF DEFENDANT'S FILINGS WITHOUT THE
REQUIRED CERTIFICATE OF SERVICE. Time Excluded as to Shane C.
Buczek from 6/5/2009 TO 6/15/2009 pursuant to Title 18 USC 3161(h)(7)(A)
and (h)(7)(B)(iv). Appearances by AUSA Anthony Bruce; Shane Buczek
appeared pro se; USPO Zenaida Piotrowicz. (Court Reporter FTR Gold.)
(LMG) (Entered: 06/08/2009)
06/08/2009 7 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to
Shane C. Buczek held on 5/6/09 before Judge H. Kenneth Schroeder, Jr..
Court Reporter/Transcriber Debra L. Potocki, Telephone number (843) 723-
2208. 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.
Redaction Request due 6/29/2009. Redacted Transcript Deadline set for
7/9/2009. Release of Transcript Restriction set for 9/8/2009. (DZ) (Entered:
06/09/2009)
06/09/2009)
06/09/2009)
06/09/2009 6 REFERRAL ORDER to Magistrate Judge H. Kenneth Schroeder, Jr., as to
Shane C. Buczek. Signed by Judge William M. Skretny on 6/9/2009.(JCD)
(Entered: 06/09/2009)
Status Conference as to Shane C. Buczek held on 6/15/2009. Attorney David
Jay, who was present in the courtroom, advised that defendant has not
retained him. Defendant confirmed that he will be proceeding pro se.
Scheduling Order to be entered. Time Excluded as to Shane C. Buczek from
(iv). Defendant requested permission to leave his residence in order to work
on his case at the UB Law School Library. Court directed defendant to make
application to the U.S. Probation Office for the sole purpose of going to the
UB Law School Library, the Federal Courthouse Library or the Supreme
Court Library. Appearances by AUSA Anthony Bruce; Shane Buczek
appeared pro se; Attorney David Jay. (Court Reporter FTR Gold.)(LMG)
(Entered: 06/16/2009)
06/15/2009 11 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/17/2009)
06/17/2009 10 SCHEDULING ORDER as to Shane C. Buczek: Discovery completed by
6/30/2009; Motions due by 7/17/2009; Responses due by 8/14/2009. If no
motions are filed, parties are directed to appear before the Hon. William M.
Skretny on 7/22/2009 at 09:00 AM. Signed by Hon. H. Kenneth Schroeder, Jr
on 6/15/09.(LMG) (Entered: 06/17/2009)
06/18/2009 12 MEMORANDUM/BRIEF by Shane C. Buczek (DR) (Entered: 06/22/2009)
Shane C. Buczek held on 6/15/09 before Judge H. Kenneth Schroeder. Court
Reporter/Transcriber Karen J. Bush, Telephone number (585) 613-4312.
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. Redaction
Request due 7/21/2009. Redacted Transcript Deadline set for 7/31/2009.
Release of Transcript Restriction set for 9/28/2009. (DR) (Entered:
07/16/2009)
07/06/2009 14 AFFIDAVIT of Original Issue and Notice to the Court by Shane C. Buczek
(DZ) (Entered: 07/07/2009)
07/07/2009 13 NOTICE as to Shane C. Buczek. Motions having been filed by the deadline of
7/17/2009 as set by the Magistrate Judge, the status conference scheduled for
7/22/2009 before William M. Skretny, U.S.D.J. is CANCELED. (MEAL)
(Entered: 07/07/2009)
07/08/2009 38 Summons Returned Executed on 6/1/09. as to Shane C. Buczek. (DR)
(Entered: 10/26/2009)
07/13/2009 15 MOTION for work release by Shane C. Buczek. (DR) (Entered: 07/14/2009)
07/13/2009 16 NOTICE OF HEARING by Shane C. Buczek (DR) (Entered: 07/14/2009)
07/15/2009 17 TEXT ORDER as to Shane C. Buczek: The government shall respond to
defendant's 15 Petition for Work Release no later than 7/24/2009 after which
time the petition shall be taken under advisement. SO ORDERED. Issued by
the Hon. H. Kenneth Schroeder, Jr on 7/15/09.(LMG) (Entered: 07/15/2009)
07/16/2009 19 Judicial Notice filed by Shane Buczek (DZ) (Entered: 07/17/2009)
07/17/2009 24 MOTION for Extension of Time by Shane C. Buczek. (Attachment
maintained in paper form in the Clerk's office due to certification of
document) (DZ) (Entered: 07/27/2009)
07/22/2009 20 RESPONSE to Motion by USA as to Shane C. Buczek re 15 MOTION for
work release (Response to the Defendant's Petition for Work Release) (Bruce,
Anthony) (Entered: 07/22/2009)
07/23/2009 21 MOTION to Strike The Defendant's Pretrial Filings As Frivolous by USA as
to Shane C. Buczek. (Bruce, Anthony) (Entered: 07/23/2009)
07/27/2009 22 ORDER denying 15 Motion for Work Release as to Shane C. Buczek (1).
Signed by Hon. H. Kenneth Schroeder, Jr. on July 27, 2009. (APG) (Entered:
07/27/2009)
07/27/2009 23 ORDER denying relief sought in 11 Memorandum/Brief, 12
Memorandum/Brief, 14 Affidavit, 19 Judicial Notice and denying as moot 21
Motion to Strike as to Shane C. Buczek (1). Signed by Hon. H. Kenneth
Schroeder, Jr on July 27, 2009.(APG) (Entered: 07/27/2009)
07/27/2009 25 ORDER denying 24 Motion for Extension of Time to File as to Shane C.
Buczek (1). Signed by Hon. H. Kenneth Schroeder, Jr. on July 27, 2009.
(APG) (Entered: 07/27/2009)
08/11/2009 26 MOTION To Set A Trial Date by USA as to Shane C. Buczek. (Bruce,
Anthony) (Entered: 08/11/2009)
08/14/2009 27 Minute Entry for proceedings held before Hon. Hugh B. Scott:Initial
Appearance re Petition for Revocation of supervised release as to Shane C.
Buczek held on 8/14/2009. Defendant advised of charges in the violation
petition and informed of rights. Court enters denial as to the charges.
Government moves to detain. Matter is scheduled for 10:00am on Monday
August 17, 2009 before Magistrate Judge Schroeder. Defendant remanded.
Appearances; George Burgasser, AUSA, Anthony Bruce, AUSA, Brian
Comerford, AFPD with defendant ( for this proceeding only. ) (JDK).
(Entered: 08/14/2009)
08/17/2009 28 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:Bail
Violation Status Hearing as to Shane C. Buczek held on 8/17/2009. Court
acknowledges attorney Brian Comerford from the public defenders office is
present. Court conditionally assigns Mr. Comerford. Defendant to complete
financial affidavit. The government moves to detain defendant. Bail Review
Hearing set for 8/20/2009 02:00 PM before Hon. H. Kenneth Schroeder Jr.
Defendant is continued detained and remanded. Appearances; George
Burgasser, AUSA on behalf of Anthony Bruce, AUSA, Brian Comerford,
AFPD with the defendant, USPO Scott Kawski and USPOA Curtis
Middlebrooks(Court Reporter FTR Gold.)(JDK) (Entered: 08/17/2009)
08/17/2009 Attorney update in case as to Shane C. Buczek. Attorney Brian P. Comerford
for Shane C. Buczek added. (JDK) (Entered: 08/18/2009)
08/20/2009 30 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr:Bail
Review Hearing as to Shane C. Buczek held on 8/20/2009 Defendant
completed financial affidavit. Defendant sworn, examined and determined
eligible for counsel. AFPD accepts appointment and is formally appointed.
Government moves for detention on the basis of violation, argument held.
Court denies the governments request to detain. Defendant to be released on
EMS with conditions modified. Government moves for a stay in order to
appeal the decision to the District Court. Court denies the governments
request. Appearances; AUSA George Burgasser on behalf of AUSA Anthony
Bruce, AFPD Brian Comerford with defendant and USPO Scott Kawski, and
USPOA Curtis Middlebrooks (Court Reporter FTR Gold.)(JDK) Modified on
8/20/2009 re: the governments request to appeal decision (JDK). (Entered:
08/20/2009)
08/20/2009 Defendant completed financial affidavit which was filed in 08-CR-54 (JDK)
(Entered: 08/20/2009)
09/11/2009 31 TEXT ORDER as to Shane C. Buczek. The 26 Government's Motion To Set A
Trial Date is returnable on 9/30/2009 at 9:00 a.m. before William M. Skretny
U.S.D.J. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 9/5/2009.
(MEAL) (Entered: 09/11/2009)
09/30/2009 32 Minute Entry for proceedings held before William M. Skretny U.S.D.J:Status
Conference as to Shane C. Buczek held on 9/30/2009. Defendant requested
additional discovery. Defendant's Motions are to be filed by 10/9/2009.
Government response is due 10/30/2009. Defendant's reply is due 11/10/2009.
A Status Conference is set for 11/19/2009 at 9:00 AM before William M.
Skretny U.S.D.J. Time to be excluded pursuant to 3161(h)(1)(D) and 3161(h)
(7)(A). Government advises that a motion to consolidate cases for trial may
be forthcoming. For the govt. - Richard Maigret for Anthony Bruce. For the
deft. - Brian Comerford. Defendant present. (Court Reporter Michelle
McLaughlin.)(MEAL) (Entered: 10/01/2009)
Shane C. Buczek held on August 17, 2009 before Judge H. Kenneth
Schroeder, Jr.. Court Reporter/Transcriber Christsi A. Macri, Telephone
number 585-613-4310. 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. Redaction Request due 10/26/2009. Redacted Transcript Deadline
set for 11/5/2009. Release of Transcript Restriction set for 1/4/2010. (DR)
(Entered: 10/05/2009)
Shane C. Buczek held on August 20, 2009 before Judge H. Kenneth
Schroeder, Jr.. Court Reporter/Transcriber Christi A. Macri, Telephone
PACER. Redaction Request due 10/26/2009. Redacted Transcript Deadline
set for 11/5/2009. Release of Transcript Restriction set for 1/4/2010. (DR)
(Entered: 10/05/2009)
10/09/2009 35 MOTION for Discovery, MOTION to Inspect, MOTION for Release of
Brady Materials, MOTION for Disclosure, MOTION Disclosure of
Witnesses' Statements, Preservation of Rough Notes and Further Relief by
Shane C. Buczek. (Attachments: # 1 Exhibits 1-3)(Comerford, Brian)
(Entered: 10/09/2009)
10/16/2009 36 RESPONSE to Motion by USA as to Shane C. Buczek re 35 MOTION for
Discovery MOTION to Inspect MOTION for Release of Brady Materials
MOTION for Disclosure MOTION Disclosure of Witnesses' Statements,
Preservation of Rough Notes and Further Relief Government's Response To
The Defendant's Pretrial Discovery Motion (Bruce, Anthony) (Entered:
10/16/2009)
10/21/2009 37 ARREST Warrant Returned Executed on 8/14/09 in case as to Shane C.
Buczek. (DZ) (Entered: 10/21/2009)
11/09/2009 39 REPLY TO RESPONSE to Motion by Shane C. Buczek re 35 MOTION for
Discovery MOTION to Inspect MOTION for Release of Brady Materials
MOTION for Disclosure MOTION Disclosure of Witnesses' Statements,
Preservation of Rough Notes and Further Relief (Comerford, Brian) (Entered:
11/09/2009)
11/19/2009 40 Minute Entry for proceedings held before William M. Skretny U.S.D.J.:Status
Conference as to Shane C. Buczek held on 11/19/2009. Discovery ongoing.
Defendant addressed the Court. Notice of Mistake with Affidavit in Support
Acceptance, Forgiveness and Request for Forgiveness, Memorandum of Law
provided to the Court. Court to file same. An additional Status Conference is
set for 12/10/2009 at 10:00 AM before William M. Skretny U.S.D.J. Time to
be Excluded pursuant to 3161(h)(7)(A). For the govt. - Anthony Bruce. For
the deft. - Brian Comerford. (Court Reporter Michelle McLaughlin.)(MEAL)
(Entered: 11/20/2009)
11/20/2009 41 NOTICE of Mistake with Affidavit in Support Acceptance, Forgiveness and
Request for Forgiveness, Memorandum of Law by Shane C. Buczek.
(Entered: 11/20/2009)
12/10/2009 44 Minute Entry for proceedings held before William M. Skretny U.S.D.J.:
Status Conference as to Shane C. Buczek held on 12/10/2009. Jencks and
3500 material to be provided to defendant. Jury selection and Jury trial is
scheduled to commence on 3/2/2010 at 9:30 a.m. A final pretrial order to be
issued. Court deems 41 NOTICE of Mistake with Affidavit in Support
Acceptance, Forgiveness and Request for Forgiveness, Memorandum of Law
irrelevant to the proceedings. Brian Comerford of the Federal Public
Defender's Office is attorney of record for the defendant. Time to be excluded
pursuant to 3161(h)(7)(A). For the govt. - Charles Wydysh. For the deft. -
Brian Comerford. (Court Reporter Michelle McLaughlin.)(MEAL) Modified
on 12/18/2009 (MEAL). (Entered: 12/17/2009)
12/16/2009 42 Proposed Jury Instructions by USA as to Shane C. Buczek (Bruce, Anthony)
(Entered: 12/16/2009)
12/17/2009 43 WITNESS LIST by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:
12/17/2009)
12/18/2009 Pretrial Conference as to Shane C. Buczek set for 1/27/2010 @ 02:00 PM
before Hon. William M. Skretny. (JDK) (Entered: 12/18/2009)
12/18/2009 Status Conference as to Shane C. Buczek set for 2/12/2010 @ 09:00 AM
before Hon. William M. Skretny. (JDK) (Entered: 12/18/2009)
12/18/2009 45 Proposed Voir Dire by USA as to Shane C. Buczek (Bruce, Anthony)
(Entered: 12/18/2009)
12/18/2009 46 TRIAL BRIEF by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:
12/18/2009)
12/21/2009 47 PRETRIAL ORDER as to Shane C. Buczek. Jury selection is scheduled to
begin on 2/16/2010 at 9:30 AM. A final pretrial conference will be held on
1/27/2010 at 2:00 PM, and a final status conference will be held on 2/12/2010
at 9:00 AM. All will take place before the Hon. William M. Skretny. Signed
by Judge William M. Skretny on 12/20/2009. (Attachments: # 1 Pretrial Order
Attachment)(JCD) (Entered: 12/21/2009)
12/21/2009 48 EXHIBIT LIST by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:
12/21/2009)
12/21/2009 49 EXHIBIT LIST by USA as to Shane C. Buczek (Bruce, Anthony) (Entered:
12/21/2009)
Shane C. Buczek held on December 10, 2009 before Judge Honorable
William M, Skretny. Court Reporter/Transcriber Michelle L. McLaughlin,
Telephone number 716-332-3560. 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. Redaction Request due 1/12/2010. Redacted
Transcript Deadline set for 1/22/2010. Release of Transcript Restriction set
for 3/22/2010. (DR) (Entered: 12/23/2009)
12/30/2009 52 ***DOCUMENT STRIKEN PURSUANT TO ORDER
#59***RESTATEMENT OF THE TRUST filed by Shane Buczek. (DR)
Modified on 1/12/2010 (DR). (Entered: 01/06/2010)
12/30/2009 53 ***DOCUMENT STRIKEN PURSUANT TO ORDER #59***PETITION to
Dismiss for Lack of Ratification of Commencement by Shane C. Buczek.
(DR) Modified on 1/12/2010 (DR). (Entered: 01/06/2010)
01/04/2010 51 NOTICE by Shane C. Buczek re 46 Trial Brief Defendant's Response to
Government's Trial Memorandum and Motion in Limine (Comerford, Brian)
(Entered: 01/04/2010)
01/04/2010 54 ***DOCUMENT STRIKEN PURSUANT TO ORDER #59***AMENDED
PETITION to Dismiss for Lack of Ratification of Commencement by Shane
C. Buczek. (DR) Modified on 1/12/2010 (DR). (Entered: 01/06/2010)
01/07/2010 55 NOTICE OF ATTORNEY APPEARANCE: John F. Humann appearing for
Shane C. Buczek as Co-Counsel (Humann, John) (Entered: 01/07/2010)
01/08/2010 56 MOTION to Adjourn Trial by Shane C. Buczek. (Humann, John) (Entered:
01/08/2010)
01/08/2010 57 NOTICE OF ATTORNEY APPEARANCE Mary C. Baumgarten appearing
for USA. (Baumgarten, Mary) (Entered: 01/08/2010)
01/11/2010 58 NOTICE as to Shane C. Buczek. The Defendant's 56 Motion to Adjourn Trial
is returnable on 1/14/2010 at 9:00 AM before William M. Skretny, Chief
Judge, U.S.D.C. (MEAL) (Entered: 01/11/2010)
01/11/2010 59 ORDER as to Shane C. Buczek DIRECTING that all filings on Defendant's
behalf be made by his attorney-of record; DIRECTING the Clerk of the Court
not to accept any submissions unless presented as specified; DIRECTING the
Clerk of the Court to strike Docket Nos. 52 , 53 and 54 from the docket.
Signed by William M. Skretny, Chief Judge, U.S.D.C. on 1/8/2010.(MEAL)
(Entered: 01/11/2010)
01/14/2010 60 Minute Entry for proceedings held before William M. Skretny U.S.D.J.: 56
Motion to Adjourn trial date as to Shane C. Buczek held on 1/14/2010. Court
grants the Defendant's Motion to Adjourn. Jury selection and Jury trial is now
scheduled to commence on 3/2/2010 at 9:30 a.m. An amended final pretrial
order to be issued. Amended pretrial orders to be issued in other cases as well.
Last trial to commence on 6/28/2010. Possible recusal motion to be filed.
Defendant to meet with his counsel. Time to be excluded pursuant to 3161(h)
(7)(A). For the govt. - Anthony Bruce, Mary C. Baumgarten. For the deft. -
Brian Comerford, John Humann. (Court Reporter Michelle McLaughlin.)
(MEAL) (Court Reporter Michelle McLaughlin.)(MEAL) (Entered:
01/18/2010)
01/21/2010 61 AMENDED PRETRIAL ORDER as to Shane C. Buczek. Jury selection
scheduled to begin on 3/2/2010 at 9:30 AM. A final pretrial conference will be
held on 2/23/2010 at 10:00 AM, and a final status conference will be held on
3/1/2010 at 10:00 AM. All will take place before the Hon. William M.
Skretny. Signed by Judge William M. Skretny on 1/19/2010. (Attachments: #
1 Pretrial Order Attachment (Criminal))(JCD) (Entered: 01/21/2010)
02/11/2010 62 MOTION Status conference as to attorney representation by Shane C.
Buczek. (Comerford, Brian) (Entered: 02/11/2010)
02/16/2010 63 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT,
the 62 Motion for the scheduling of a Status conference as to attorney
representation is GRANTED. Counsel for the parties and the defendant are to
appear before this Court on 2/18/2010 at 9:00 AM for a Status Conference SO
ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on
2/16/2010.(MEAL) (Entered: 02/16/2010)
02/18/2010 64 Minute Entry for proceedings held before William M. Skretny, Chief
Judge:Status Conference as to Shane C. Buczek held on 2/18/2010.
Defendants requests to proceed pro se with Attorney Comerford as stand-by
counsel. Court will allow. Defendant advised that documents filed with the
Clerk of the Court must be in proper format or they will not be filed.
Requisite warnings given and findings made as to defendant proceeding pro
se. Trial to proceed as scheduled. For the govt. - Mary Baumgarten. For the
deft. - Shane Buczek, pro se, Brian Comerford, stand-by counsel. Court
Reporter Patricia Galas Jack W. Hunt & Associates, Inc.) (MEAL) (Entered:
02/19/2010)
02/22/2010 65 PETITION to Dismiss for Lack of Ratification of Commencement and No
Controversy by Shane C. Buczek. (DR) (Entered: 02/23/2010)
02/22/2010 66 **STRICKEN FROM THE RECORD pursuant to Order document #72**
AFFIDAVIT of Negative Averment, Opportunity to Cure, and Counterclaim
by Shane C. Buczek (DR) Modified on 3/1/2010 (DR). (Entered: 02/23/2010)
02/22/2010 67 GLOBAL DEMAND to Recuse AUSA Anthony Bruce, Kathleen M.
Mehltretter, Mary C. Baumgarten & all AUS Attorney's in Western District of
New York Attorney Office for Conflict of Interest by Shane C. Buczek. (DR)
(Entered: 02/23/2010)
02/23/2010 70 Minute Entry for proceedings held before William M. Skretny, Chief Judge:
Final Pretrial Conference as to Shane C. Buczek held on 2/23/2010. Final
Pretrial conference held. Defendant Buczek advises that he has filed
documents. Court directs government to file response. Court reviews pretrial
submission checklist. Any additional trial submissions by Defendant Buczek
must be filed by Monday, March 1, 2010, at 10:00 a.m. Parties to confer
regarding stipulations. Court resolves Motions in Limine by Bench Statement.
March 3, 2010 trial day will not begin until 2:00 p.m. Final Status conference
scheduled for March 1, 2010, at 10:00 a.m. Trial WILL COMMENCE at 9:30
a.m., March 2, 2010, with jury selection, opening statements, and perhaps the
beginning of proof. For the govt.- Mary Baumgarten, Anthony Bruce. For
Deft. - Shane Buczek, pro se, Brian P. Comerford, standby counsel. (Court
Reporter Patricia Galas Jack W. Hunt & Associates, Inc.)(MEAL) (Entered:
02/25/2010)
02/24/2010 68 GLOBAL DEMAND to Dismiss for Malicious, Selective, Vindictive
Prosecution and Disqualification of AUSA Anthony Bruce by Shane C.
Buczek. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit E (con't), # 4
Exhibit F and Exhibit G, # 5 Exhibit H)(DR) (Entered: 02/24/2010)
02/25/2010 69 MEMORANDUM/BRIEF The Government's Response to the Defendant's
Motion to Recuse the United States Attorney's Office from Prosecuting this
Case by USA as to Shane C. Buczek (Baumgarten, Mary) (Entered:
02/25/2010)
02/25/2010 71 NOTICE OF MISTAKE WITH DECLARATION IN SUPPORT NOTICE OF
ELECTION OF A CHOICE IN ACTION AND CONVERSION ON ALL
LIABILITY by Shane C. Buczek (DZ) (Entered: 02/25/2010)
02/26/2010 72 DECISION AND ORDER DENYING Defendant's 65 Petition to Dismiss for
Lack of Ratification of Commencement and No Controversy; DENYING 66
Defendant's Affidavit of Negative Averment, Opportunity to Cure, and
Counterclaim to the extent it seeks dismissal of the indictment; DIRECTING
the Clerk of the Court to STRIKE Docket No. 66 from the docket; DENYING
Defendants 67 Global Demand to Recuse AUSA Anthony Bruce, Kathleen M.
Mehltretter, Mary C. Baumgarten & ALL AUS Attorneys In Western District
of New York Attorney Office for Conflict of Interest; DENYING Defendant's
68 Global Demand to Dismiss for Malicious, Selective, Vindictive
Prosecution and Disqualification of AUSA Anthony Bruce. SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C.on 2/26/2010. (MEAL)
(Entered: 02/26/2010)
Status Conference as to Shane C. Buczek held on 2/26/2010. Plea did not go
forward. For the govt. - Mary C. Baumgarten. For the deft. - Shane Buczek,
pro se, Brian Comerford Standby Counsel. (Court Reporter Michelle
03/01/2010 73 WITNESS LIST by USA as to Shane C. Buczek (Baumgarten, Mary)
(Entered: 03/01/2010)
03/01/2010 74 EXHIBIT LIST by USA as to Shane C. Buczek (Baumgarten, Mary)
(Entered: 03/01/2010)
(Entered: 03/01/2010)
03/01/2010 76 MANDATORY JUDICIAL NOTICE by Shane C. Buczek. (DR) (Entered:
03/01/2010)
03/01/2010 77 AMENDED NOTICE of MISTAKE with Declaration in Support Notice of
Election of a Chose in Action and Conversion on all Liability by Shane C.
Buczek. (DR) (Entered: 03/01/2010)
03/01/2010 78 PETITION for Post Settlement and Closure of the Account Under Public
Policy by Shane C. Buczek. (Attachments: # 1 Continuation #1, # 2
Continuation #2, # 3 Continuation #3, # 4 Continuation #4., # 5 Continuation
#5, # 6 Continuation #6, # 7 Continuation i#7, # 8 Continuation #8)(DR)
(Entered: 03/01/2010)
(Entered: 03/01/2010)
03/01/2010 E-Filing Notification: Document missing attorneys electronic signature. NO
Action required: For future reference, all documents require electronic
signatures. 75 EXHIBIT LIST by USA as to Shane C. Buczek (Baumgarten,
Mary) (DR) (Entered: 03/02/2010)
Status Conference as to Shane C. Buczek held on 3/1/2010. Counsel and
defendant to be present at 9:00 a.m. on 3/2/2010. Jury selection to start at 9:30
a.m.. Court to bifurcate trial. Defendant requests adjournment of trial.
Government objects. Court denies. For the govt. - Mary C. Baumgarten,
Anthony Bruce. For the deft. - Shane Buczek, pro se. Brian Comerford, stand-
by counsel. (Court Reporter Michelle McLaughlin.)(MEAL) (Entered:
03/08/2010)
03/02/2010 80 NOTICE OF MISTAKE and EXPRESSION OF TRUST by Shane C. Buczek.
(DR) (Entered: 03/02/2010)
03/02/2010 81 NOTICE OF CONDITIONAL ACCEPTANCE & WITNESS LIST FOR
SHANE C. BUCZEK by Shane C. Buczek. (DR) (Entered: 03/02/2010)
Jury Selection and Jury Trial as to Shane C. Buczek held on 3/2/2010.
Preliminary matters discussed. Additional warning regarding proceeding pro
se given to defendant. Trial to be bifurcated. Court denies defendant's motion
to adjourn trial. Pretrial rulings issued. Jury panel sworn. Twelve jurors and 2
alternates selected. Court denies challenges for cause, Juror numbers 2, 8, 14,
15 and 30. Jury and alternates sworn. Government gave opening statement.
Defendant's subpoenas discussed. Jury Trial as to Shane C. Buczek to resume
on 3/3/2010 at 2:00 p.m. For the govt. - Mary C. Baumgarten, Anthony Bruce.
For the deft. - Shane C. Buczek, pro se. Brian Comerford, stand-by counsel.
(Court Reporter Michelle McLaughlin.)(MEAL) (Entered: 03/08/2010)
03/03/2010 89 Minute Entry for proceedings held before William M. Skretny, Chief
Judge:Jury Trial as to Shane C. Buczek held on 3/3/2010. Government moves
for exclusion of witnesses. Court grants same. Preliminary instructions given
to jury. Government Witnesses: James Sauer, Joseph Kelly, Eric J.
Schumacker. Government Exhibits entered into evidence: 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 12, 13, 14, 15, 16, 18, 20, 20A, 21, 21A, 21B, 22, 22A, 23, 23B, 24,
24A, 25, 25A, 26, 27, 28, 29, 30, 31, 34, 35, 36, 40, 41. Jury Trial as to Shane
C. Buczek to resume on 3/4/2010 at 9:00 a.m. For the govt. - Mary C.
Baumgarten, Anthony Bruce. For the deft. - Shane C. Buczek, pro se. Brian
Comerford, stand-by counsel. (Court Reporter Michelle McLaughlin.)
(MEAL) (Entered: 03/08/2010)
03/04/2010 84 Sealed Document as to Shane C. Buczek. (DR) (Entered: 03/05/2010)
Jury Trial as to Shane C. Buczek held on 3/4/2010. Defendant moves to
dismiss. Court denies motion. Government Witnesses: Eric J. Schumacker,
Anna Medlock, Matthew Johnson, Bradley K. Parker, Henry C. Falkowski.
Government Exhibits entered into evidence: 11, 19, 20B, 21C, 32, 33, 39A.
Defendant's Exhibits entered into evidence: A. Government rests as to Count
1. Defendant moves to dismiss pursuant to Rule 29. Court denies motion. Jury
Trial as to Shane C. Buczek to resume on 3/5/2010 at 9:00 a.m. For the govt. -
Mary C. Baumgarten, Anthony Bruce. For the deft. - Shane C. Buczek, pro se.
Brian Comerford, stand-by counsel. (Court Reporter Michelle McLaughlin.)
(MEAL) (Entered: 03/08/2010)
03/05/2010 83 Proposed Jury Instructions by USA as to Shane C. Buczek (Bruce, Anthony)
(Entered: 03/05/2010)
Jury Trial as to Shane C. Buczek held on 3/5/2010. Problem as to Juror #5
addressed. Court discharges Juror # 5 and substitutes Alternate #1. Defendant
gave opening statement. Defense Witnesses: Amanda Buczek, Adam John
Buczek, Kenneth Weitzel. Defendant rests as to Count 1. Charge conference
held. Rule 29 motion renewed. Closing statements given. Jury charge given.
CSO sworn. Jury deliberations held and concluded. Alternate sequestered
from jury. Note received. Jury Verdict rendered as to Count 1. Defendant
found guilty as to Count 1. Jury Trial as to Shane C. Buczek to resume on
3/8/2010 at 9:30 a.m. For the govt. - Mary C. Baumgarten, Anthony Bruce.
For the deft. - Shane C. Buczek, pro se. Brian Comerford, stand-by counsel.
(Court Reporter Michelle McLaughlin.)(MEAL) (Entered: 03/08/2010)
03/05/2010 101 JURY VERDICT as to Shane C. Buczek (1) Guilty on Count 1. Unredacted
verdict maintained in sealed area. (DR) (Entered: 03/11/2010)
03/08/2010 85 NOTICE OF APPOINTMENT OF FIDUCIARY DEBTOR by Shane C.
03/08/2010 86 MEMORANDUM IN SUPPORT re 85 Notice by Shane C. Buczek. (DR)
(Entered: 03/08/2010)
Jury Trial as to Shane C. Buczek held on 3/8/2010. Government gave opening
statement. Government Witness: Scott Kawski. Government exhibits entered
into evidence: 37, 38. Government and Defendant rest as to Count 2. Charge
conference held. Rule 29 motion renewed. Closing statements given. Jury
charge given. CSO sworn. Jury deliberations held and concluded. Alternate
sequestered from jury. Note received. Jury Verdict rendered as to Count 2.
Defendant found guilty as to Count 2. Jury and alternate discharged from
service. Government moves for detention. Court denies same. Sentencing date
to be discussed at final pretrial conference on 3/15/2010 in 08-CR-54S. For
the govt. - Mary C. Baumgarten, Anthony Bruce. For the deft. - Shane C.
Buczek, pro se. Brian Comerford, stand-by counsel. (Court Reporter Michelle
03/08/2010 93 DEFENDANT EXHIBIT LIST -- Count 1. (MEAL) (Entered: 03/08/2010)
03/08/2010 94 GOVERNMENT EXHIBIT LIST -- Count 1. (MEAL) (Entered: 03/08/2010)
03/08/2010 95 GOVERNMENT EXHIBIT LIST -- Count 2.(MEAL) (Entered: 03/08/2010)
03/08/2010 103 JURY VERDICT as to Shane C. Buczek (1) Guilty on Count 2. Unredacted
verdict maintained in sealed area. (DR) (Entered: 03/11/2010)
03/09/2010 96 MOTION TO PROCEED IN FORMA PAUPERIS by Shane C. Buczek. (DR)
(Entered: 03/09/2010)
03/09/2010 97 MOTION REQUESTING AN ENLARGEMENT OF TIME by Shane C.
03/09/2010 98 ADMINISTRATIVE NOTICE; In the Nature of Writ of Coram Nobis Non
Judice & A Demand for Dismissal & A Reversal of Judgment for Conviction
for Lack of Juridisdiction by Shane C. Buczek. (DR) (Entered: 03/09/2010)
03/11/2010 100 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT
Defendant's 97 Motion to Extend Time to file post-trial motions under Rules
29 and 33 of the Fed. R. Crim. P. is GRANTED. Any motions made under
these rules must be filed by 4/30/2010. SO ORDERED. Issued by William M.
Skretny, Chief Judge U.S.D.C. on 3/10/2010.(MEAL) (Entered: 03/11/2010)
03/11/2010 105 AMENDED MOTION TO PROCEED IN FORMA PAUPERIS by Shane C.
03/11/2010 106 AFFIDAVIT OF TRUTH AND CORPORATE DENIAL by Shane C. Buczek.
(DR) (Entered: 03/12/2010)
03/19/2010 108 AFFIDAVIT & NOTICE by Shane C. Buczek. (DR) (Entered: 03/22/2010)
03/19/2010 109 MOTION REQEUST FOR POLLING OF JURY RULE 31 VIOLATION by
Shane C. Buczek. (DR) (Entered: 03/22/2010)
Defendant's 109 Request to Poll the Jury is DENIED. The time to make such
a request under Rule 31(d) is "after a verdict is returned, but before the jury is
discharged." Defendant's motion, which was made 11 days after the jury was
discharged, is untimely. Further, Defendant, who elected to represent himself,
did not request that the jury be polled after it returned its verdicts on either
Count 1 or Count 2. SO ORDERED. Issued by William M. Skretny, Chief
Judge U.S.D.C. on 3/23/2010.(MEAL) (Entered: 03/24/2010)
03/25/2010 111 NOTICE OF FELONY CRIMINAL COMPLAINT by Shane C. Buczek
(Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation, # 4
Continuation, # 5 Continuation, # 6 Continuation, # 7 Continuation)(DR)
(Entered: 03/25/2010)
Defendant's 96 ( 105 Motions to Proceed IFP for purposes of obtaining trial
transcripts are DENIED as moot in light of this Court's authorization of the
proper CJA vouchers for such purpose. SO ORDERED. Issued by William M.
03/28/2010 113 NOTICE as to Shane C. Buczek. A Status Conference is scheduled for
5/10/2010 at 9:00 AM before William M. Skretny, Chief Judge. (MEAL)
(Entered: 03/28/2010)
Shane C. Buczek held on February 18, 2010 before Judge Honorable William
M. Skretny. Court Reporter/Transcriber Patricia A. Galas, Telephone number
716-853-5600. Transcript may be viewed at the court public terminal or
purchased through the Court Reporter/Transcriber before the deadline for
PACER. Redaction Request due 5/5/2010. Redacted Transcript Deadline set
for 5/17/2010. Release of Transcript Restriction set for 7/13/2010. (DR)
(Entered: 04/15/2010)
04/20/2010 120 MOTION for Extension of Time to File a Motion for New Trial and/or
Qcquittal of Judgment by Shane C. Buczek. (DLC) (Entered: 04/22/2010)
Shane C. Buczek held on March 8, 2010 before Judge Honorable William M.
Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone
(Entered: 04/22/2010)
(Entered: 04/22/2010)
(Entered: 04/22/2010)
(Entered: 04/22/2010)
(Entered: 04/22/2010)
04/30/2010 121 AFFIDAVIT OF TRUTH AND CORPORATE DENIAL by Shane C. Buczek.
(DR) (Entered: 05/03/2010)
05/03/2010 122 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED THAT,
the Defendant's 120 Motion for Extension of Time to File Post Trial Motions
is GRANTED. Defendant's post trial motions are now due 6/29/2010.
FURTHER, the Status Conference scheduled for 5/10/2010 at 9:00 a.m.
before William M. Skretny, Chief Judge is ADJOURNED to 7/9/2010 at
10:00 a.m. SO ORDERED. Issued by William M. Skretny, Chief Judge
U.S.D.C. (Entered: 05/03/2010)
Shane C. Buczek held on February 26, 2010 before Judge Honorable William
M. Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone
(Entered: 05/11/2010)
05/12/2010 124 MOTION to Dismiss by Shane C. Buczek. (DR) (Entered: 05/13/2010)
Shane C. Buczek held on August 14, 2009 before Judge Honorable Hugh B.
Scott. Court Reporter/Transcriber Christi A. Macri, Telephone number 585-
613-4310. Transcript may be viewed at the court public terminal or purchased
6/21/2010. Release of Transcript Restriction set for 8/18/2010. (DR) (Entered:
05/20/2010)
06/03/2010 126 CJA 24 as to Shane C. Buczek: Authorization to Pay Christi Macri $38.25 for
Transcript, Voucher # 100 602 0000 19. Signed by Hon. William M. Skretny
on 5/27/2010. (DLC) (Entered: 06/04/2010)
06/03/2010 127 CJA 24 as to Shane C. Buczek: Authorization to Pay Jack W. Hunt &
Associates $126.10 for Transcript, Voucher # 1005 26 00000 2. Signed by
Hon. William M. Skretny on 4/20/2010. (DLC) (Entered: 06/04/2010)
06/03/2010 128 CJA 24 as to Shane C. Buczek: Authorization to Pay Michelle McLaughlin
$135.05 for Transcript, Voucher # 100 526 000 003. Signed by Hon. William
M. Skretny on 5/18/2010. (DLC) (Entered: 06/04/2010)
06/15/2010 129 MOTION to Adjourn Sentencing Status Conference by USA as to Shane C.
Buczek. (Baumgarten, Mary) (Entered: 06/15/2010)
06/18/2010 130 MOTION FOR Judgment on the Pleadings by Shane C. Buczek. (DR)
(Entered: 06/22/2010)
06/18/2010 131 PETITIONER files Rules 28 & 33 Motion for Relief Due to Constitutional
Violations of the 5th, 6th, 14th Amendments and Due Process Clause by
06/18/2010 132 AFFIDAVIT OF FACT AND COMPREHENSION OF NO CRIMINAL
INTENT RULE 29 & 33 by Shane C. Buczek (DR) (Entered: 06/22/2010)
06/21/2010 133 CJA 24 as to Shane C. Buczek: Authorization to Pay Michelle McLaughlin $
2,390.75 for Transcript, Voucher # 100614000025. Signed by Hon. William
M. Skretny on 5/7/10.(DR) (Entered: 06/25/2010)
06/22/2010 NOTICE of MANUAL FILING consisting of Exhibits attached to Affidavit,
Exhibit S (2), Exhibit O, Exhibit M (2), Exhibit V and CD case containing
numerous CDs re 132 (DR) (Entered: 06/22/2010)
06/29/2010 134 AMENDED PETITIONER files Rule(s) (29 & 33) Post Conviction MOTION
for Relief Due to Constitutional Violations of the 5th, 6th, 14th & Due
Process Clause by Shane C. Buczek. (DR) (Entered: 07/01/2010)
06/29/2010 136 AFFIDAVIT OF FACT AND COMPREHENSION for Rules 29 & 33 Post
Conviction Relief for Ineffective Assistance of Counsel & Conflict of Interest
No Criminal Intent No Mens Rea Affidavit - A by Shane C. Buczek
(Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation, # 4
Exhibit A, # 5 Exhibit B, # 6 Exhibit C)(DR) (Entered: 07/01/2010)
06/29/2010 137 PETITIONER files Rules(s) (29 & 33) Post Conviction MOTION for Relief
Due to Constitutional Violations of the 5th, 6th, 14th, Amendments & Due
Process Clause and Confrontational Clause of the Sixth Amendment by Shane
C. Buczek. (DR) (Entered: 07/01/2010)
06/29/2010 138 AFFIDAVIT of Fact and Comprehension for Rule 29 & 33 Post Conviction
Relief for Violations of the Fair Debt Collections Act & Juridictional Error by
Shane C. Buczek (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #
4 Exhibit D)(DR) (Entered: 07/01/2010)
06/29/2010 139 RULE 29 & 33 MOTION Notice and Demand to Vacate Jury Findings for
Violation of the Fair Debt Collection Act & Jurisdiction Error by Shane C.
06/29/2010 140 AFFIDAVIT OF FACT AND COMPREHENSION for Rules 29 & 33 Post
Conviction Relief for Constitutional Violations to the 5th, 6th, 14th
Amendments and Due Process Clause & Confrontational Clause by Shane C.
Buczek (DR) (Entered: 07/01/2010)
06/29/2010 141 MOTION to take Judicial Notice of the Determination by the DOJ that Title
18 (1948) is Unconstitutional and of the Fair Warning Doctrine by Shane C.
06/29/2010 142 DECLARATION FOR REVOCATION by Shane C. Buczek (Attachments: #
1 Continuation, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(DR) (Entered:
07/01/2010)
06/29/2010 143 PETITIONER files for Rules(s) 29 & 33 Post Conviction Motion for Relief
for 6th Amendment Violation Ineffective Assistance of Counsel And/or In the
Alternative Constitutional Violations of the 5th, 6th, and Due Process Clause
No Mens Rea/No Intent by Shane C. Buczek. ***Pages 1-12 electronically
filed and remainder of document maintained in Clerk's Office due to size of
document***. (DR) (JMM) (Entered: 07/01/2010)
07/01/2010 135 TEXT ORDER as to Shane C. Buczek. IT HEREBY IS ORDERED that the
Government's Motion to Adjourn Status Conference 129 is GRANTED. The
Status Conference scheduled for 7/9/2010 at 10:00 AM before William M.
Skretny, Chief Judge is ADJOURNED to 7/14/2010 at 10:30 AM. Issued by
Chief Judge William M. Skretny on 7/1/2010.(JCD) (Entered: 07/01/2010)
07/01/2010 144 NOTICE as to Shane C. Buczek. The Status Conference scheduled for
7/14/2010 at 10:30 AM before William M. Skretny, Chief Judge is
ADJOURNED to 7/19/2010 at 11:00 AM.(MEAL) (Entered: 07/01/2010)
07/06/2010 145 MOTION/PETITION FOR TRAVEL by Shane C. Buczek. (DR) (Entered:
07/07/2010)
07/06/2010 146 NOTICE OF HEARING re: Work Release by Shane C. Buczek. (DR)
(Entered: 07/07/2010)
07/15/2010 147 DEMAND FOR ALL DISCOVERY EVIDENCE as to Shane C. Buczek.
(DR) (Entered: 07/16/2010)
07/15/2010 148 CHALLENGE TO SUBJECT MATTER JURISDICTION PROOF OF
CLAIM by Shane C. Buczek. (DR) (Entered: 07/16/2010)
07/16/2010 149 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Support
Affdavit of Truth by Shane C. Buczek. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit B continued, # 4 Exhibit B continued)(DR) (Entered:
07/19/2010)
07/19/2010 150 TEXT ORDER
Defendant has filed several post-conviction motions, each of which is
improper and lacks merit.
First, citing two criminal statutes 18 U.S.C. 241, 242, Defendant argues in his
124 Motion to Dismiss that these cases should be dismissed. But neither
statute applies in this context and neither serves as grounds for dismissal of
this criminal prosecution. Defendant's motion is therefore DENIED.
Second, Defendant filed a 130 Motion for Judgment on the Pleadings,

wherein he argues that this Court lacks jurisdiction because Title 18 of the
United States Code was never properly enacted into law. This argument is a
nonstarter, having repeatedly been rejected by the courts. See United States v.
Jerdine, No. 01: 08 CR 481, 2009 WL 4906564, at *1-*2 (N.D. Ohio Dec. 18,
2009) (collecting cases). Defendant's motion is therefore DENIED.
Third, Defendant filed a 141 Motion to Take Judicial Notice, wherein he

requests that this Court take judicial notice that Title 18 of the United States
Code is invalid and does not confer jurisdiction on this court. For the reasons
stated above, this motion is DENIED because the constitutionality of Title 18
has repeatedly been upheld. See Jerdine, supra.
Fourth, Defendant has filed a 147 Demand for All Discovery Evidence. This
request is denied because Defendant received all of the discovery the
government is obligated to provide during the course of this criminal
proceeding. To the extent Defendant seeks additional information beyond
what he is entitled to in this case, the request is DENIED as outside the scope
of this prosecution.
Finally, Defendant has filed a 148 Challenge to Subject Matter Jurisdiction,

which again challenges the basis of this Court's jurisdiction. As explained
above, the constitutionality of Title 18, Section 3231 has been repeatedly
upheld and serves as a proper basis for jurisdiction. To the extent Defendant's
filing can be interpreted to seek dismissal of this case on jurisdictional
grounds, it is DENIED.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/19/2010.(MEAL)

(Entered: 07/19/2010)
07/19/2010 151 TEXT ORDER
Defendant has filed several post-trial motions 131 134 137 139 143 all of
which seek relief under Rules 29 and 33 of the Federal Rules of Criminal
Procedure. Because the 131 motion was amended by the 134 motion, the
Clerk of the Court is directed to TERMINATE 131 as a pending motion on
the docket. The government shall file a consolidated response to Defendant's
134 137 139 143 motions by August 9, 2010. Defendant may file a reply by
August 23, 2010. This Court will take the motions under advisement without
oral argument.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/19/2010(MEAL)

(Entered: 07/19/2010)
Status Conference as to Shane C. Buczek held on 7/19/2010. Orders resolving
outstanding motions to be filed today. AFPD Comerford moves to withdraw
as counsel. Court grants same. Copy of file and original documents produced
by defendant to be returned. Court directs AFPD Comerford to keep an
accurate accounting regarding same. Court denies Defendant's Motion to
Travel without prejudice due to lack of specificity. Defendant to follow
directives of scheduling orders. The Court will not grant any adjournments
lacking extraordinary circumstances. Sentencing is scheduled for 11/5/2010 at
10:00 AM before William M. Skretny, Chief Judge. For the govt. - Mary C.
Baumgarten, Maura O'Donnell. For the deft. - Shane Buczek, pro se, Brian
Comerford. For prob. - David Ball, Scott Kawski. (Court Reporter Michelle
07/19/2010 Attorney update in case as to Shane C. Buczek. Attorney Brian P. Comerford
terminated. (DR) (Entered: 07/27/2010)
07/23/2010 153 TEXT ORDER
Defendant has filed a 149 Motion to Dismiss, which again challenges the
basis of this Court's jurisdiction. As this Court has explained, the
constitutionality of Title 18, Section 3231 has been repeatedly upheld and
serves as a proper basis for jurisdiction. See United States v. Jerdine, No. 01:
08 CR 481, 2009 WL 4906564, at *1-*2 (N.D. Ohio Dec. 18, 2009)
(collecting cases). Defendant's 149 motion for dismissal of this case on
jurisdictional grounds is DENIED.
SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on

7/23/2010.(MEAL) (Entered: 07/23/2010)
07/26/2010 154 SCHEDULING NOTICE as to Shane C. Buczek. Presentence Report to

Parties due by 9/21/2010. Sentencing Factors Statements/Sentencing Motions
due by 10/15/2010. Objections/Responses to Sentencing Factors/Motions due
by 10/22/2010. Motions to Adjourn due by 10/27/2010. Character Letters due
by 10/29/2010. Presentence Report to the Court due by 10/29/2010.
Sentencing is scheduled for 11/5/2010 at 10:00 a.m. before William M.
Skretny, Chief Judge U.S.D.C.(MEAL) (Entered: 07/26/2010)
07/26/2010 155 TEXT ORDER as to Shane C. Buczek.
At a status conference on July 19, 2010, this Court discussed Defendant's

request that his standby counsel be relieved from representation based on
Defendant's view that, among other things, counsel was inaccessible and
ineffective. Because standby counsel represented that Defendant's allegations
created an actual conflict of interest, this Court granted counsel's request to
withdraw. (Docket No. 152.) Defendant then requested that this Court appoint
him different standby counsel to assist in his self-representation, one who
shares his belief system, understands "public policy," and will be available to
him whenever needed.
This Court has found on multiple previous occasions that Defendant is

competent to stand trial, competent to represent himself, and has voluntarily
and knowingly waived his right to counsel. Nonetheless, this Court appointed
standby counsel to assist Defendant at trial in whatever way he deemed
appropriate. Defendant, however, does not have a right to standby counsel of
his choice. See United States v. Mills, 895 F.2d 897. 904 (2d Cir. 1990) (citing
United States v. Campbell, 874 F.2d 838, 848-49 (1st Cir. 1989)). Having
discharged his appointed standby counsel, and the trial having been
concluded, this Court finds no cause to appoint different standby counsel for
the sentencing phase under the conditions and for the purposes Defendant has
articulated. Should Defendant elect to have counsel appointed to assume his
representation, he is free to exercise that right at any time.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/25/2010.(MEAL)

(Entered: 07/26/2010)
07/28/2010 156 PETITIONER Files MOTION for Reconsideration for Habeas Corpus Relief
Due to Error by District Court as a Matter of Law and Lack of Subject Matter
Jurisdiction Quorum Clause Challenge Federal Registry Omission by Shane
07/30/2010 157 ***Please Disregard-Corrected Transcript filed 8/2/10 #158***NOTICE OF
FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Shane C. Buczek
held on March 25, 2010 before Judge Honorable William M. Skretny. Court
Reporter/Transcriber Michelle L. McLaughlin, Telephone number 716-332-
8/30/2010. Release of Transcript Restriction set for 10/28/2010. (DR)
Modified on 8/2/2010 (DR). (Entered: 08/02/2010)
07/30/2010 E-Filing Notification: 157 ***Please Disregard-Corrected Transcript filed
8/2/10 #158***NOTICE OF FILING OF OFFICIAL TRANSCRIPT of
Proceedings as to Shane C. Buczek held on March 25, 2010 before Judge
Honorable William M. Skretny. (DR) Modified on 8/2/2010 (DR). (DR)
(Entered: 08/02/2010)
Shane C. Buczek held on July 19, 2010 before Judge Honorable William M.
(Entered: 08/02/2010)
08/05/2010 159 MOTION to Strike by Shane C. Buczek. (DR) (Entered: 08/06/2010)
08/05/2010 160 MANDATORY JUDICIAL NOTICE & MOTION for Relief Due to
Constitutional Violations of 5th, 6th, 14th Amendments & Due Process
Clause for a Lack of Subject Matter Jurisdiction that Title 18, Public law 80-
772 is not in the Federal Registry as Required by law, therefore in Violation of
Federal Registry Act & The Administrative Procedure by Shane C. Buczek.
(DR) (Entered: 08/06/2010)
08/06/2010 161 MOTION TO TRAVEL by Shane C. Buczek. (DR) (Entered: 08/09/2010)
08/10/2010 162 AFFIDAVIT in Opposition by USA as to Shane C. Buczek re 161 MOTION
to Travel (Attachments: # 1 Exhibit A)(Baumgarten, Mary) (Entered:
08/10/2010)
08/11/2010 163 RESPONSE to Government's Affidavit on Travel Motion & Requests
Sanctions for Ex Parte Communications Between Govt. and Probation
Department by Shane C. Buczek (DR) (Entered: 08/12/2010)
08/13/2010 166 NOTICE OF MOTION re: Motion For and Notice of Default Judgment in
that Government has failed to Respond in a timely Manner to Petitioner's
Trial Motions in violation of Rule 55 and Rule 8(d) FR.Cv.P. by Shane C.
08/13/2010 167 MOTION For and Notice of Default Judgment in that Government has failed
to Respond in a timely Manner to Petitioner's Post Trial Motions in violation
of Rule 55 and Rule 8(d) FR.Cv.P. by Shane C. Buczek. (DR) (Entered:
08/16/2010)
08/16/2010 164 MEMORANDUM IN OPPOSITION to the Post-Trial Motions [Docket Nos.
134, 137, 139] Filed by Defendant Buczek by USA as to Shane C. Buczek
(Baumgarten, Mary) (Entered: 08/16/2010)
08/16/2010 165 MOTION for Extension of Time to File Response/Reply to Docket Nos. 134,
137, 139, 143 by USA as to Shane C. Buczek. (Baumgarten, Mary) (Entered:
08/16/2010)
08/17/2010 168 AFFIDAVIT by Shane C. Buczek. (DR) (Entered: 08/18/2010)
the Government's 165 Motion for Extension of Time to Respond to
Defendant's 134 137 and 139 post-trial motions to 8/16/2010 and the time in
which to respond to Defendant's 143 Motion to 8/26/2010 is GRANTED. SO
ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on
8/19/2010. (MEAL) (Entered: 08/19/2010)
Defendant's 161 Motion to Travel Freely and Petition for Work Release is
DENIED. SO ORDERED. Issued by William M. Skretny, Chief Judge
U.S.D.C. on 8/18/2010. (MEAL) (Entered: 08/19/2010)
the Defendant's Reply in further support of his 134 137 139 143 Motions is
now due 9/9/2010. SO ORDERED. Issued by William M. Skretny, Chief
Judge U.S.D.C. on 8/20/2010.(MEAL) (Entered: 08/20/2010)
08/20/2010 172 MEMORANDUM IN OPPOSITION [The Government's Memorandum of
Law in Opposition to the Post-Trial Motion (Docket No. 143) Filed by
Defendant Buczek] by USA as to Shane C. Buczek (Baumgarten, Mary)
(Entered: 08/20/2010)
08/23/2010 173 MOTION/PETITION for Determination of a Question of Jurisdiction by
08/27/2010 174 SECOND MOTION to Dismiss by Shane C. Buczek. (DR) (Entered:
08/30/2010)
08/31/2010 175 Mandatory Judicial Notice & MOTION for Relief Due To constitutional
Violations of 5th, 6th, 14th Amendments & Due Process Clause for a Lack of
Subject Matter Jurisdiction that Title 18, Public Law 80-772 is not in the
Federal Registry as Required by Law, therefore in Violation of Federal
Registry Act & The Administrative Procedure Act (AMENDED) by Shane C.
08/31/2010 176 NOTICE AND DEMAND by Shane C. Buczek. (DR) (Entered: 09/01/2010)
09/07/2010 177 NOTICE of DTC/DTCC all ASSETS are used as collateral and CHART
"Cestui Que" Trust Certificate of Live Birth" Public and Private Side Court to
take Judicial Notice and Federal Rules of Evidence 201(f) by Shane C.
09/07/2010 178 NOTICE of Internal Revenue Service June 27, 1978 Letter on Federal
Reserve Notes are not dollars Court to take Judicial Notice under Federal
Rules of Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 09/08/2010)
09/07/2010 179 NOTICE of COMPLAINT Court to take Judicial Notice Under Federal Rules
of Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 09/08/2010)
09/07/2010 180 Judicial Notice to Dismiss for Constitutional Violations of the 5th, 6th, 14th
AMENDMENTS & DUE PROCESS CLAUSE FRAUD UPON THE
COURT COUNTERFEIT & FORGED SECURITIES VIOLATIONS COURT
LACKS SUBJECT MATTER JURISDICTION FOR NUMBEROUS
REASONS ENUMERATED HEREIN by Shane C. Buczek (Attachments: # 1
Continuation, # 2 Continuation)(DR) (Entered: 09/08/2010)
09/09/2010 181 PETITION TO SETTLE THE DISPUTE WITH FACTS AND LAW AND
ORDER FOR THE FEDERAL COMPTROLLER TO SETTLE THE
ALLEGED DEBT by Shane C. Buczek. (DR) (Entered: 09/10/2010)
09/09/2010 182 Petitioner's ANSWER to Govt. NOTICE AND DEMAND TO VACATE
JURY FINDINGS FOR VIOLATION OF THE FAIR DEBT, COLLECTION
ACT & JURISDICTION ERROR & NO MENS REA NOTICE OF
DEFAULT F.R.Cv.P. RULE 8(d) EFFECT of FAILURE TO DENY by Shane
C. Buscek. (DR) (Entered: 09/10/2010)
09/09/2010 183 THE PETITIONER'S MEMORANDUM OF LAW IN RESPONSE TO THE
GOVERNMENTS POST TRIAL RESPONSE FOR FAILURE TO
CONDUCT A PROPER FARETTA HEARING by Shane C. Buczek. (DR)
(Entered: 09/10/2010)
09/09/2010 184 THE PETITIONER'S RESPONSE TO THE GOVERNMENT'S POST
TRIAL RESPONSE FOR 5TH, 6TH, 14TH AMENDMENT AND DUE
PROCESS AND CONFRONTATIONAL CLAUSE VIOLATIONS OF THE
SIXTH AMENDMENT by Shane C. Buczek. (DR) (Entered: 09/10/2010)
09/09/2010 185 THE PETITIONER'S RESPONSE TO THE GOVERNMENT'S RESPONSE
FOR POST TRIAL RELIEF FOR 6TH AMENDMENT VIOLATIONS FOR
INEFFECTIVE ASSISTANCE OF COUNSEL, CONFLICT OF INTEREST
AND OTHER CONSTITUTIONAL VIOLATIONS OF THE 5TH, 6TH,
14TH AMENDMENTS AND DUE PROCESS CLAUSE by Shane C. Buczek
(Attachments: # 1 Exhibit, # 2 Exhibits, # 3 Exhibits)(DR) (Additional
attachment(s) added on 9/10/2010: # 4 Main Document) (DR). (Entered:
09/10/2010)
09/09/2010 186 Second Petition for Determination of Questions of Jurisdiction by Shane C.
09/14/2010 187 JUDICIAL NOTICE Of BOP Letter dated July 27, 2009 SHOWING no
quorum was in place on May 12, 1947 and Public Law 80-772 was never
constitutionally passed by Congress. Court to take Judicial Notice under
Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR) (Entered:
09/15/2010)
09/14/2010 188 JUDICIAL NOTICE of emails received February 17, 2010 Court to take
Judicial Notice under Federal Rules of Evidence 201(f) by Shane C. Buczek.
(DR) (Entered: 09/15/2010)
09/14/2010 189 JUDICIAL NOTICE OF FINAL DETERMINATION AND JUDGEMENT IN
NIHIL DECIT USD $383,400,000.00 RECORDED ON UCC "FINANCING
STATEMENT AMENDMENT" Court to take Judicial Notice under Federal
09/14/2010 190 NOTICE of TOP SECRET BANKER'S MANUAL FOR BANKERS ONLY
Court to take Judicial Notice under Federal Rules of Evidence 201(f) by
Shane C. Buczek (Attachments: # 1 Continuation, # 2 Continuation).(DR)
(Entered: 09/15/2010)
09/16/2010 191 JUDICIAL NOTICE OF RBN RADIO SHOW with Dr. Sam Kennedy April
4, 2010 by Shane C. Buczek (RBN radio broadcast submitted on disk and
manually maintained in file) (DZ) (Entered: 09/17/2010)
09/21/2010 192 JUDICIAL NOTICE OF ADMINISTRATIVE NOTICE IN TEH NATURE
OF WRIT OF CORAM NOBIS NON JUDICE & A DEMAND FOR
DISMISSAL & REVERSAL OF CONVICTION AND PLEA FOR LACK
OF JURISDICTION Court to take Judicial Notice under Federal Rules of
Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 09/23/2010)
09/21/2010 193 JUDICIAL NOTICE of FANKLIN D. ROOSEVELT 1933 EXECUTIVE
ORDER Order No. 4862 ALL PROPERTY HELD IN TRUST Court to take
(DR) (Entered: 09/23/2010)
09/21/2010 194 JUDICIAL NOTICE OF MEMORANDUM OF POINTS AND
AUTHORITIES Arrest is presumed to be false; FBI AGENT has the burden
of proof Court to take Judicial Notice under Federal Rules of Evidence 201(f)
by Shane C. Buczek. (DR) (Entered: 09/23/2010)
09/21/2010 195 JUDICIAL NOTICE OF IRS AGENT ANNA S. MEDLOCK PAGE 189
March 4th, 2010 Court to take Judicial Notice under Federal Rules of
Evidence 201(f) by Shane C. Buczek. (Attachments: # 1 Continuation)(DR)
(Entered: 09/23/2010)
09/21/2010 196 JUDICIAL NOTICE OF CERTIFIED COPY OF Constitution of the United
States from National Archives and Records 700 Pennsylvania Avenue, NW
Washington, DC Court to take Judicial Notice under Federal Rules of
Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 09/23/2010)
09/27/2010 197 JUDICIAL NOTICE OF AFFIDAVIT OF SILVER SURETY by Shane C.
09/27/2010 198 JUDICIAL NOTICE OF LEGAL NOTICE AND DEMAND AFFIDAVIT IN
SUPPORT by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010 199 JUDICIAL NOTICE Of LETTER ROGATORY BENEFICARY CLAIM by
09/27/2010 200 JUDICIAL NOTICE Of 5 USC Sec. 557(c)(3) Findings of Facts and
conclusions of law required for all decisions Court to take Judicial Notice
under Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR) (Entered:
09/28/2010)
09/27/2010 201 JUDICIAL NOTICE Of Petition for Writ of Habeas Corpus 1:10-CV-00382-
WMS by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010 202 JUDICIAL NOTICE Of INDICTMENTS SHALL RUN IN THE NAME OF
THE United States by Shane C. Buczek. (DR) (Entered: 09/28/2010)
09/27/2010 203 JUDICIAL NOTICE Of 09-CV-1129 Court to take Judicial Notice under
Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR) (Entered:
09/29/2010)
09/28/2010 204 JUDICIAL NOTICE Of Wakeup Call Documentary about the New World
Order AND THE Banking system Court to take Judicial Notice under Federal
09/28/2010 205 JUDICIAL NOTICE of MODERN MONEY MECHANICS by Shane C.
09/28/2010 206 MOTION TO UNSEAL RECORDS OF DOCKET 84,101,102,103 AND
104,107 by Shane C. Buczek. (DR) (Entered: 09/29/2010)
09/28/2010 207 JUDICIAL NOTICE Of Judicial Notice to Dismiss for: Relief Due to
Constitutional Violations of the 5th, and 6th Amendments in that Petitioner
Has incurred Double Jeopardy Violations Due to Fraud on the Court and Lack
of Subject Matter Jurisdiction & Conflict of Interest Issues on the Court &
Trading Counterfeit Securities Due Process Clause Errors & XIII Amendment
Peonage Violations by Shane C. Buczek. (DR) (Entered: 09/30/2010)
09/28/2010 208 JUDICIAL NOTICE Of AFFIDAVIT OF TRUTH AND CORPORATE
DENIAL AFFIDAVIT OF TRUTH by Shane C. Buczek. (DR) (Entered:
09/30/2010)
09/29/2010 209 JUDICIAL NOTICE Of Mandatory Judicial Notice & Motion for Relief Due
To Constitutional Violations of 5th, 6th, 14th Amendments & Due Process
Clause for a Lack of Subject Matter Jurisdiction that Title 18, Public Law 80-
772 is not in the Federal Registry as Required by Law, therefore in Violation
of Federal Registry Act & The Administrative Procedure Act (SECOND
AMENDED) by Shane C. Buczek. (DR) (Entered: 10/01/2010)
09/29/2010 210 JUDICIAL NOTICE Of FREEDOM Of INFORMATION ACT REQUEST 5
U.S.C. Section 552 OATH OF OFFICE FEDERAL JUDGES Court to take
(DR) (Entered: 10/01/2010)
09/29/2010 211 JUDICIAL NOTICE Of FREEDOM OF INFORMATION ACT REQUEST 5
U.S.C. Section 552 OATH OF OFFICE AUSA Court to take Judicial Notice
under Federal Rules of Evidence 201(f) by Shane C. Buczek. (DR) (Entered:
10/01/2010)
10/01/2010 212 MANDATORY JUDICIAL NOTICE Of DOCKET NUMBERS 177 TO 208
Court to take Judicial Notice under Federal Rules of Evidence 201(d) and (f)
"STATE OF MIND" by Shane C. Buczek. (DR) (Entered: 10/04/2010)
10/01/2010 213 JUDICIAL NOTICE & DEMAND For an EVIDENTIARY HEARING To
Put Forth an OFFER of PROOF As per the Rules of Evidence, Rule 102(d)(e)
and Supreme Court Constitutional Quorum Clause Challenge and Lack of
Subject Matter Jurisdiction Court to take Judicial Notice under Federal Rules
of Evidence 201(f) by Shane C. Buczek. (DR) (Entered: 10/04/2010)
10/01/2010 214 JUDICIAL NOTICE of Ron Paul on FOX Business News 09/29/10 Court to
take Judicial Notice under Federal Rulesof Evidence 201 (d) and (f) by Shane
10/05/2010 215 MOTION for and Notice of Default Judgment by Shane C. Buczek. (DZ)
(Entered: 10/06/2010)
10/05/2010 216 MANDATORY JUDICIAL NOTICE re: default judgment by Shane C.
Buczek (DZ) (Entered: 10/06/2010)
10/05/2010 217 JUDICIAL NOTICE TO DISMISS for Constitutional Violations of the 5th,
6th, 14th Amendments and Due Process Clause by Shane C. Buczek (DZ)
(Entered: 10/06/2010)
10/05/2010 218 JUDICIAL NOTICE and demand for an evidentiary hearing by Shane C.
Buczek (DZ) Text modified on 10/6/2010 (DZ). (Entered: 10/06/2010)
10/05/2010 219 AMENDED MANDATORY JUDICIAL NOTICE for an evidentiary hearing
by Shane C. Buczek (DZ) text modified on 10/6/2010 (DZ). (Entered:
10/06/2010)
10/05/2010 220 MANDATORY JUDICIAL NOTICE and demand for an evidentiary hearing
by Shane C. Buczek (DZ) Text modified on 10/6/2010 (DZ). (Entered:
10/06/2010)
10/08/2010 221 JUDICIAL NOTICE Of Mandatory Judicial Notice & Motion for Relief Due
To Constitutional Violations of 5th, 6th, 14th Amendments & Due Process
Clause by Shane C. Buczek. (DR) (Entered: 10/12/2010)
10/08/2010 222 AMENDED JUDICIAL NOTICE Of Judicial Notice to Dismiss for: Relief
Due to Constitutional Violations of the 5th, and 6th Amendments by Shane C.
10/08/2010 223 MANDATORY JUDICIAL NOTICE of USC TITLE 18 4001 (a) Limitation
on detention; control of prisons Court to take Judicial Notice under Federal
Rules of Evidence 201(d) and(f) by Shane C. Buczek. (DR) (Entered:
10/12/2010)
10/08/2010 224 MOTION For Adjournment and Extension of time for GOOD CAUSE to
adjourn sentencing date by Shane C. Buczek. (DR) (Entered: 10/12/2010)
10/08/2010 225 AFFIDAVIT in Support by Shane C. Buczek re 224 MOTION. (DR)
(Entered: 10/12/2010)
10/08/2010 226 MANDATORY JUDICIAL NOTICE Of "US v Tweel (l977)550 F 2d
297.*(10) days to answer and (3) days Grace by Shane C. Buczek. (DR)
(Entered: 10/12/2010)
10/12/2010 227 MANDATORY JUDICIAL NOTICE of MSNBC.com Staff and News Service
Reports by Shane C. Buczek. (CMD) (Entered: 10/14/2010)
10/12/2010 228 MANDATORY JUDICIAL NOTICE of Responses to: Foreign Agent AUSA
Mr. Anthony Bruce by Shane C. Buczek. (CMD) (Entered: 10/14/2010)
10/12/2010 229 MANDATORY JUDICIAL NOTICE OF USC TITLE 28 PART VI
CHAPTER 176 SUBCHAPTER A § 3002 15(a) United States means a
Federal Corporation by Shane C Buczek.(CMD) (Entered: 10/14/2010)
10/12/2010 230 PETITIONER RESPONSE to Govt. for Rule (29 & 33) Post Conviction
Motion for Relief Due to Constitutional Violations of the 5th, 6th and 14th
Amendments and Due Process Clause by Shane C. Buczek. (CMD) (Entered:
10/14/2010)
10/12/2010 231 PETITIONER RESPONSE to Govt. for Rule (29 & 33) Post Conviction
Motion for Relief Due to Constitutional Violations of the 5th, 6th and 14th
Amendments and Due Process Clause by Shane C. Buczek. (CMD) (Entered:
10/14/2010)
10/13/2010 232 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Shane C.
Buczek (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D).(CMD) (Entered: 10/14/2010)
10/14/2010 236 SECOND AMENDED Petitioner Response to govt. For Rule (29 & 33) Post
Conviction Motion for Relief Due To Constitutional Violations of the 5th, 6th,
14th, Amendments & Due Process Clause and Confrontational Clause of
Sixth Amendment NOTICE OF DEFAULT (AMENDED) by Shane Buczek.
(DR) (Entered: 10/18/2010)
10/14/2010 237 MANDATORY JUDICIAL NOTICE Of Washington State Department of
Licensing Uniform Commercial Code property list revenue tracking number
1230830 "2009-344-6800-0 RECORDED WITH THE
Nationalrepublicregistry.com 1/29/2010 by Shane C. Buczek. (DR) (Entered:
10/18/2010)
10/15/2010 233 SENTENCING MEMORANDUM by USA as to Shane C. Buczek
(Baumgarten, Mary) (Entered: 10/15/2010)
10/15/2010 234 STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to
Shane C. Buczek (Baumgarten, Mary) (Entered: 10/15/2010)
10/15/2010 238 MANDATORY JUDICIAL NOTICE Of WISHING NO CONTRACT WITH
A FOREIGN AGENT'S by Shane C. Buczek. (DR) (Entered: 10/18/2010)
10/18/2010 235 RESPONSE in Opposition by USA as to Shane C. Buczek re 224 MOTION
Government's Response to Defendant's Motion to Adjourn (O'Donnell,
Maura) (Entered: 10/18/2010)
10/18/2010 239 MANDATORY JUDICIAL NOTICE of Responses TO: SENTENCING
FACTORS AND MEMORANDUM BY FOREIGN AGENT'S WITH NO
JURISDICTION AND RACKETEERING ACTIVITY'S 18 USC SEC.1961
by Shane C. Buczek. (DR) (Entered: 10/20/2010)
10/20/2010 241 Petitioner's Answer to Govt. on his MOTION For Adjournment and Extension
of time for GOOD CAUSE to adjourn sentencing date by Shane C. Buczek
(Attachments: # 1 Continuation)(DR) (Entered: 10/22/2010)
10/20/2010 242 Motion and Mandatory Judicial Notice Rule 201(d),(e) and (f) CONFLICT of
INTERST Fraud on the Court & Fraud against Petitioner Due Process
Violations Demand for immediate Dismissal of all indictments, actions
against him by Shane C. Buczek. (DR) (Entered: 10/22/2010)
10/20/2010 243 Affidavit of Motion and Mandatory Judicial Notice rule 201(e) (f)
CONFLICT OF INTEREST: Motion for Dismissal for Fraud and lack of
Subject Matter Jurisdiction by Shane C. Buczek. (DR) (Entered: 10/22/2010)
10/20/2010 244 MANDATORY JUDICIAL NOTICE of MEMORANDUM ON JUDICIAL
NOTICE TO FOREIGN AGENT'S by Shane C. Buczek. (DR) (Entered:
10/22/2010)
10/20/2010 245 MANDATORY JUDICIAL NOTICE of 73rd CONGRESS MARCH 9-JUNE
16, 1933 LST SESSION VOL. 9 SENATE DOCUMENTS "CONTRACTS
PAYABLE IN GOLD" by Shane C. Buczek. (DR) (Entered: 10/22/2010)
10/20/2010 246 MANDATORY JUDICIAL NOTICE of Public Law 80-772 is invalid by
10/22/2010 240 MOTION to Revoke Notice of Motion and Motion for Bail Revocation and
Affidavit by USA as to Shane C. Buczek. (O'Donnell, Maura) (Entered:
10/22/2010)
10/22/2010 248 Motion to Dismiss for Lack of Subject Matter Jurisdiction by Shane C.
10/22/2010 249 Supplemental/AMMENDED OBJECTS to Presentence Report by Shane C.
Buczek (Attachments: # 1 Continuation, # 2 Continuation)(DR) (Entered:
10/25/2010)
10/22/2010 250 NOTICE OF HEARING Constitutional Quorum by Shane C. Buczek. (DR)
(Entered: 10/25/2010)
10/22/2010 251 NOTICE OF MOTION FOR Dismissal for lack of Subject Matter Jurisdiction
"Quorum Clause" by Shane C. Buczek. (DR) (Entered: 10/25/2010)
10/22/2010 252 AFFIDAVIT in Support by Shane C. Buczek re 248 MOTION to Dismiss
(DR) (Entered: 10/25/2010)
10/22/2010 253 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Shane C.
10/22/2010 254 MANDATORY JUDICIAL NOTICE of SUPPLEMENTAL Reponses TO:
SENTENCING FACTORS AND MEMORANDUM BY FOREIGN
AGENT'S WITH NO JURISDICTION AND RACKETEERING
ACTIVITY'S by Shane C. Buczek. (DR) (Entered: 10/25/2010)
10/25/2010 247 TEXT ORDER
Presently before this Court is the government's 240 Motion to Revoke Bail.
The government's motion is premised on its contention that Defendant
violated the conditions of his release by filing a self-drafted, multi-page
document containing an incomplete, unexecuted "arrest warrant," which
purports to command the arrest of a federal prosecutor under the authority of
a "Constitutional Private Grand Jury." The government contends that this
filing constitutes a threat against the prosecutor. It is patently clear, however,
that this document is but one of many that Defendant has filed espousing
various "tax protestor" and "redemption theory" beliefs. The purported "arrest
warrant" holds no legal significance and, in the context of this case, cannot
reasonably be construed as a threat against a federal official. The
government's Motion to Revoke Bail is DENIED.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 10/22/2010. (CMD)

(Entered: 10/25/2010)
10/25/2010 255 NOTICE OF HEARING Federal Registry Violations by Shane C. Buczek.

(DR) (Entered: 10/26/2010)
10/25/2010 256 AFFIDAVIT OF PETITIONER to Answer governments motion for bail
revocation by Shane C. Buczek (Attachments: # 1 Continuation)(DR)
(Entered: 10/26/2010)
10/25/2010 257 Petitioner's Answer to Govt. on his MOTION for Adjournment and Extension
of time for GOOD CAUSE to adjourn sentencing date and Stay of
Proceedings by Shane C. Buczek. (DR) (Entered: 10/26/2010)
10/25/2010 258 NOTICE OF MOTION AND ANSWER TO GOVERNMENT "AFFIDAVIT
OF PETITIONER" to Answer governments motion for bail revocation and
Petitioner's Motion to Dismiss by Shane C. Buczek. (DR) (Entered:
10/26/2010)
10/26/2010 259 NOTICE OF HEARING SIXTH AMENDMENT by Shane C. Buczek. (DR)
(Entered: 10/27/2010)
10/26/2010 260 Petitioner's Answer to Government Sentencing Factors with Rebuttal &
Counter Sentencing Factors ***(Amended)*** by Shane C. Buczek
(Attachments: # 1 Continuation, # 2 Continuation)(DR) (Entered: 10/27/2010)
10/29/2010 262 NOTICE OF HEARING Constitutional Quorum by Shane C. Buczek (DR)
(Entered: 11/01/2010)
10/29/2010 263 MANDATORY JUDICIAL NOTICE OF AFFIDAVIT or AFFIRMATION of
TRUTH TO THE CLERK OF COURT by Shane C. Buczek. (DR) (Entered:
11/01/2010)
10/29/2010 264 SECOND NOTICE OF MOTION for Adjournment and Extension of Time
for Good Cause to Adjourn Sentencing date and Stay of Proceedings by Shane
C. Buczek. (CMD) (Entered: 11/01/2010)
10/29/2010 265 AMENDED NOTICE OF HEARING Federal Registry Violations by Shane
10/29/2010 266 SECOND AMENDED Petitioner's Answer to MOTION for Adjournment and
Extension of time for GOOD CAUSE to adjourn sentencing date and Stay of
Proceedings by Shane C. Buczek. (DR) (Entered: 11/01/2010)
10/29/2010 267 NOTICE OF HEARING Counterfeit Securities Fraud by Shane C. Buczek.
(DR) (Entered: 11/01/2010)
11/01/2010 261 TEXT ORDER
Defendant seeks a 90-day adjournment of his previously-scheduled November
5, 2010, sentencing date. He maintains that he has "new evidence" and that an
adjournment is necessary to allow for evidentiary hearings on the
government's standing to bring criminal charges against him and the propriety
of this Court's jurisdiction. Defendant will apparently seek to prove his
Quorum Clause and redemption theories through evidence and witness
testimony. Defendant wishes to prove that an entity other than the government
- the "holder-in-due-course" of original instruments - is the party with proper
standing. This and other courts have repeatedly rejected this brand of theories.
Defendant's 224 Motion for Adjournment is denied. Defendant does not allege
any new evidence going to the substance of his convictions or that would
possibly merit a new trial. Defendant has raised his Quorum Clause and
redemption theories throughout this case and they have been rejected at every
turn. Sentencing will go forward November 5, 2010, at 10:00 a.m.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/1/2010.
(MEAL) (Entered: 11/01/2010)
11/01/2010 268 Affidavit and Motion for and Notice of Default Judgment in that Government
has failed to Respond in a timely Manner to Petitioner's Post Trial and Void
Plea Mandatory Judicial Notice Motions in violation of rule 55 and Rule
8(d)FR.Cv.P. Effect of failer to Denied by Shane C. Buczek. (DR) (Entered:
11/02/2010)
11/01/2010 269 MANDATORY JUDICIAL NOTICE Of AFFIDAVIT or AFFIRMATION of
TRUTH TO THE CLERK OF COURT by Shane C. Buczek. (DR) (Entered:
11/02/2010)
11/01/2010 270 MANDATORY JUDICIAL NOTICE Of CERTIFICATE OF
DISHONOR/BREACH AND NON-RESPONSE, NO CONTRACT WITH
PROBATION REPORT BY FOREIGN AGENT'S by Shane C. Buczek. (DR)
(Entered: 11/02/2010)
11/02/2010 271 MOTION FOR RECONSIDERATION AND AFFIDAVIT TO REBUT
JUDICIAL ORDER DENYING ADJOURMENT FOR SENTENCING AND
TIME FOR EVIDENTIARY HEARINGS for GOOD CAUSE & DEMAND
for PROOF and ANSWER WITHIN THREE DAYS by Shane C. Buczek.
(DR) (Entered: 11/03/2010)
11/02/2010 272 MOTION and NOTICE OF MOTION For Dismiss for Prosecutorial
misconduct And NOTICE And DEMAND to Answer and prove they have
Subject Matter Jurisdiction in all three cases ANSWER WITHIN THREE
DAYS by Shane C. Buczek. (DR) (Entered: 11/03/2010)
11/02/2010 273 MOTION AND AFFIDAVIT Prosecutorial misconduct And NOTICE and
DEMAND to Answer and prove they have Subject Matter Jurisdiction in all
three cases ANSWER WITHIN THREE DAYS by Shane C. Buczek. (DR)
(Entered: 11/03/2010)
11/02/2010 274 MOTION and NOTICE OF MOTION For Reconsideration and Affidavit to
Rebut Judicial Order denying adjournment for sentencing Adn time for
Evidentiary Hearing For GOOD CAUSE And DEMAND for PROOF by
11/03/2010 275 TEXT ORDER as to Shane C. Buczek.
IT HEREBY IS ORDERED, that Defendant's 264 Second Motion to Adjourn

Sentencing is DENIED. FURTHER, that Defendant's 271 274 Motions for
Reconsideration of this Court's denial of his first Motion to Adjourn
sentencing are DENIED, there being no good cause to reconsider the prior
decision. Sentencing will go forward November 5, 2010, at 10:00 a.m.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/3/2010.
(MEAL) (Entered: 11/03/2010)
11/03/2010 276 ORDER as to Shane C. Buczek DENYING Defendant's 156 159 160 175 176
177 178 179 180 187 188 189 190 191 192 193 194 195 196 197 198 199 200
201 202 203 204 205 207 208 209 210 211 212 214 216 217 219 220 221 222
223 226 227 228 229 237 238 239 245 246 263 269 270 173 186 174 181 213
218 215 248 251 253 242 268 Motions as specified. Signed by William M.
11/04/2010 277 TEXT ORDER
Defendant has moved for dismissal of the three indictments against him based
on alleged prosecutorial misconduct. Defendant has already been convicted
on all three indictments and awaits sentencing. In sum, the basis of
Defendant's motion is that the prosecutors proceeded with the criminal cases
in the absence of proper subject-matter jurisdiction. Defendant again relies on
his Quorum Clause arguments, which hold no merit and have been repeatedly
rejected in this and other criminal cases. Defendant's 272 273 motions are
therefore DENIED.
SO ORDERED.
Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/4/2010. (CMD)

(Entered: 11/04/2010)
11/04/2010 278 ORDER as to Shane C. Buczek DENYING Defendant's 206 Motion to

Unseal Records; DENYING Defendant's 167 Motion for Default Judgment
and DENYING Defendant's 134 137 139 143 Motions for a Judgment of
Acquittal or New Trial. Signed by William M. Skretny, Chief Judge U.S.D.C.
on 11/4/2010. (CMD) (Entered: 11/04/2010)
Sentencing held on 11/5/2010 for Shane Buczek on Counts 1 and 2 of the
Indictment (Felony) Presentence report to be sealed - will be made available
to counsel for appeal purposes only. The probation department's
recommendation section which is a part of said presentence report will be
kept under separate seal and will not be accessible to counsel. The Court
resolves all outstanding objections to presentence report and deposes of all
collateral issues. Total Offense Level: 17. Criminal History Category II. The
Defendant is sentenced to the custody of the BOP for a term of 27 months on
Count 1 to run concurrent to Count I of 09-CR-141 and Count 3 of 08-CR-54
and 6 months on Count 2 to run consecutive to Count 1 and Count 1 of 08-
CR-54S and Count 1 of 09-CR-141S. Upon release from imprisonment the
defendant is placed on supervised release for a term of 5 years on Count 1 and
3 years on Count 2 to run concurrent to each other and to run concurrent to
the term of supervised release imposed in 08-CR-54 and 09-CR-141. While
on supervised release the defendant shall abide by the following conditions:
The defendant shall abide by the standard conditions of supervised release as
promulgated in the WDNY. The defendant shall not commit any crimes,
federal, state or local. The defendant shall be prohibited from possessing a
firearm or other dangerous device. Mandatory drug testing imposed. The
defendant shall submit to a search of his person, property, vehicle, place of
residence or any other property under his control and permit confiscation of
any evidence or contraband discovered. Pursuant to 18 U.S.C. § 3663A, it is
ordered that the defendant make restitution to HSBC in the amount of
$8,882.39. The restitution is due immediately. Interest on the restitution is
waived. While incarcerated, if the defendant is non-unicor or unicor grade 5,
the defendant shall pay installments of $25.00 per quarter. If assigned grades
1 through 4 in unicor, the defendant shall pay installments of 50% of the
inmates monthly pay. While on supervised release, the defendant shall make
monthly payments at the rate of 10% of his monthly gross income. No fines,
fees or costs imposed. The defendant shall pay a SPA in the amount of
$100.00. The Court imposes sentence as stated. Court directs preparation of
judgment of conviction. Defendant's request for voluntary surrendar denied.
Defendant remanded. For the govt. - Mary C. Baumgarten, Maura O'Donnell.
For the deft. - Shane Buczek, pro se. For prob. - Kathleen Horvatits. (Court
Reporter Michelle McLaughlin.)(MEAL) (Entered: 11/05/2010)
11/09/2010 280 JUDGMENT as to Shane C. Buczek (1), Count(s) 1, 2.Additional certified
copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial
Department.. Signed by Hon. William M. Skretny on 11/9/10.(DR) (Entered:
11/09/2010)
11/10/2010 281 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Shane C.
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Buczek 20101109 Docket Report 121

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Buczek 20101109 Docket Report 121

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CLOSED_2010, VictimNotify

U.S. DISTRICT COURT

Case title: USA v. Buczek Date Filed: 04/21/2009

Assigned to: Hon. William M. Skretny

Pending Counts Disposition

Highest Offense Level (Opening)

Terminated Counts Disposition

Highest Offense Level (Terminated)

Date Filed # Docket Text

Second, Defendant filed a 130 Motion for Judgment on the Pleadings,

Third, Defendant filed a 141 Motion to Take Judicial Notice, wherein he

Finally, Defendant has filed a 148 Challenge to Subject Matter Jurisdiction,

Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/19/2010.(MEAL)

07/19/2010 151 TEXT ORDER

Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/19/2010(MEAL)

SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on

07/26/2010 154 SCHEDULING NOTICE as to Shane C. Buczek. Presentence Report to

At a status conference on July 19, 2010, this Court discussed Defendant's

This Court has found on multiple previous occasions that Defendant is

Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/25/2010.(MEAL)

Issued by William M. Skretny, Chief Judge U.S.D.C. on 10/22/2010. (CMD)

10/25/2010 255 NOTICE OF HEARING Federal Registry Violations by Shane C. Buczek.

Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/1/2010.

(MEAL) (Entered: 11/01/2010)

IT HEREBY IS ORDERED, that Defendant's 264 Second Motion to Adjourn

Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/3/2010.

(MEAL) (Entered: 11/03/2010)

Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/4/2010. (CMD)

11/04/2010 278 ORDER as to Shane C. Buczek DENYING Defendant's 206 Motion to

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