CLOSED, SEALEDDOC(S)

United States District Court Western District of Michigan (Southern Division (1)) CRIMINAL DOCKET FOR CASE #: 1:08cr00047PLM3
Case title: USA v. Mason et al Date Filed: 02/28/2008 Date Terminated: 02/20/2009

Assigned to: Chief Judge Paul L. Maloney defendant (3) Aren Bernard Burthwick TERMINATED: 02/12/2009 represented by Scott Graham Scott Graham PLLC 1911 West Centre Avenue, Suite C Portage , MI 49024 (269) 3821483 Email: sgraham@scottgrahampllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment John F. Royal The Ford Building 615 Griswold, Ste. 1724 Detroit , MI 48226 (313) 9623738 Email: johnroyal@ameritech.net TERMINATED: 07/10/2008 ATTORNEY TO BE NOTICED Designation: Retained Richard D. Stroba Federal Public Defender (Grand Rapids) 50 Louis St. NW, Ste. 500 Grand Rapids , MI 495032633 (616) 7427420 Email: dick_stroba@fd.org TERMINATED: 07/11/2008 ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment Pending Counts 18:4 WITHHOLDING INFORMATION ON A CRIME; misprision of felony (1ss) Highest Offense Level (Opening) Felony Terminated Counts 18:844(n), 18:844(f)(1), 18:844(i) CONSPIRACY TO COMMIT ARSON (1) Disposition Dismissed upon motion by the government Dismissed upon motion by the government Disposition Defendant sentenced to 14 months in custody; followed by 1 years supervised release; shall pay $100 special assessment and $2,000 fine

18:4 WITHHOLDING INFORMATION ON A CRIME; misprision of felony (1s) 18:844(i), 18:2 ARSON (4) Highest Offense Level (Terminated) Felony Complaints None Disposition Dismissed upon motion by the government

Plaintiff USA represented by Hagen W. Frank U.S. Attorney (Grand Rapids) The Law Bldg. 330 Ionia Ave., NW P.O. Box 208 Grand Rapids , MI 495010208 (616) 4562404 Email: hagen.frank@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED # Docket Text 1 INDICTMENT as to Marie Jeanette Mason, Frank Brian Ambrose, Aren Bernard Burthwick, Stephanie Lynne Fultz (elc) (Entered: 03/10/2008) 2 MOTION and ORDER to seal case as to Marie Jeanette Mason, Frank Brian Ambrose, Aren Bernard Burthwick, Stephanie Lynne Fultz until defendant is arrested, the investigation is completed, or further order of this court; CASE UNSEALED pursuant to appearance of defendant Frank Brian Ambrose on 3/10/08 ; signed by Magistrate Judge Ellen S. Carmody (elc) (Entered: 03/10/2008) CASE UNSEALED as to Marie Jeanette Mason, Frank Brian Ambrose, Aren Bernard Burthwick, Stephanie Lynne Fultz pursuant to appearance of defendant Frank Brian Ambrose (elc) (Entered: 03/10/2008) 14 ORDER SCHEDULING PROGRESSION OF CASE as to defendant Aren Bernard Burthwick; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 03/11/2008) ARREST of Aren Bernard Burthwick (dmh) (Entered: 03/12/2008) 19 MINUTES held before Magistrate Judge Joseph G. Scoville; FIRST APPEARANCE and ARRAIGNMENT of deft Aren Bernard Burthwick on Counts 1 and 4; CASE UNSEALED; deft appeared with retained counsel John Royal; defendant stood mute, plea of not guilty entered by the court on behalf of deft; the Court gives counsel 14 days to efile Pretrial Conference Summary Statements; Counsel can request an Initial Pretrial Conference if one should be necessary; bond cont'd as set in EDMI where deft was arrested; (Proceedings Digitally Recorded) (Magistrate Judge Joseph G. Scoville, dmh) (Entered: 03/14/2008)

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20 DEFENDANT'S RIGHTS as to defendant Aren Bernard Burthwick (dmh) (Entered: 03/14/2008) 16 ARREST WARRANT RETURNED EXECUTED; defendant Aren Bernard Burthwick arrested on 3/11/08 (dmh) (Entered: 03/12/2008) 21 RULE 5 DOCUMENTS received from Eastern District of Michigan as to defendant Aren Bernard Burthwick (Attachments: # 1 Docket Sheet, # 2 Waiver of Rule 5 Hearings, # 3 Appearance Bond, # 4 Order Setting Conditions of Release, # 5 Order of Transfer)(elc) (Entered: 03/14/2008) 47 ORDER as to defendants Marie Jeanette Mason, Aren Bernard Burthwick, Stephanie Lynne Fultz: pretrial conference set for 5/12/2008 at 02:00 PM at 174 Federal Building, Kalamazoo, MI before Judge Paul L. Maloney; jury trial set for 5/27/2008 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before Judge Paul L. Maloney; signed by Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 03/24/2008) 48 INITIAL PRETRIAL CONFERENCE SUMMARY STATEMENT by defendant Aren Bernard Burthwick (Royal, John) (Entered: 03/25/2008) 49 INITIAL PRETRIAL CONFERENCE SUMMARY STATEMENT by USA as to defendant Aren Bernard Burthwick (Frank, Hagen) (Entered: 03/25/2008) 55 SEALED MOTION filed by USA (elc) (Entered: 03/31/2008) 61 JOINT MOTION to adjourn trial date and find excludable delay with brief in support and certificate of service by Marie Jeanette Mason as to Marie Jeanette Mason, Frank Brian Ambrose, Aren Bernard Burthwick, Stephanie Lynne Fultz (Minock, John) Modified text on 4/15/2008 (rlw). (Entered: 04/14/2008) 62 ORDER TO CONTINUE ends of justice continuance as to defendant Marie Jeanette Mason, Aren Bernard Burthwick, Stephanie Lynne Fultz; time is excluded from 4/22/2008 until 8/12/2008; final pretrial conference set for 8/4/2008 at 01:30 PM at 174 Federal Building, Kalamazoo, MI before Judge Paul L. Maloney; jury trial set for 8/12/2008 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before Judge Paul L. Maloney; signed by Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 04/23/2008) 81 MOTION to withdraw as attorney by John F. Royal with memorandum in support and certificate of service by Aren Bernard Burthwick (Royal, John) Modified text on 6/27/2008 (rlw). (Entered: 06/26/2008) (DISREGARD) ORDER REFERRING MOTION to withdraw as attorney by John F. Royal 81 filed by Aren Bernard Burthwick to Magistrate Judge Ellen S. Carmody pursuant to 28 U.S.C. 636(b)(1)(A)(Judge Paul L. Maloney, aeb) Modified on 6/27/2008 (see corrected entry below) (rlw). (Entered: 06/27/2008) ORDER REFERRING MOTION to withdraw as attorney by John F. Royal 81 filed by Aren Bernard Burthwick to Magistrate Judge Joseph G. Scoville pursuant to 28 U.S.C. 636(b)(1)(A)(Judge Paul L. Maloney, aeb) (Entered: 06/27/2008) 82 NOTICE OF HEARING ON MOTION as to defendant Aren Bernard Burthwick regarding motion to withdraw as counsel 81 : motion hearing is set for 7/10/2008 at 11:00 AM at 740 Federal Building, Grand Rapids, MI before Magistrate Judge Joseph G. Scoville; deft must be present at the hearing (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 06/27/2008)

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83 CERTIFICATE OF SERVICE by Aren Bernard Burthwick re MOTION to withdraw as attorney by John F. Royal 81 AMENDED (Royal, John) (Entered: 06/27/2008) 84 MINUTES held before Magistrate Judge Joseph G. Scoville; motion hearing as to defendant Aren Bernard Burthwick re: MOTION 81 by attorney by John F. Royal to withdraw as counsel; Motion granted; deft's request for court appointed counsel granted; Gov't states they intend to Supersede the Indictment; deft's bond cont'd; (Proceedings Digitally Recorded) (Magistrate Judge Joseph G. Scoville, dmh) (Entered: 07/10/2008) ORDER APPOINTING FEDERAL PUBLIC DEFENDER as counsel for defendant Aren Bernard Burthwick; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, dmh) (Entered: 07/10/2008) 85 ATTORNEY APPEARANCE of Richard D. Stroba for defendant Aren Bernard Burthwick (Stroba, Richard) (Entered: 07/10/2008) Federal Public Defender recommends that Scott Graham be appointed to represent defendant Aren Bernard Burthwick(Federal Public Defender, ) (Entered: 07/11/2008) 86 CJA 20 APPOINTMENT of attorney Scott Graham for Aren Bernard Burthwick; signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, dmh) (Entered: 07/11/2008) 87 ORDER granting motion of John F. Royal to withdraw as attorney 81 for Aren Bernard Burthwick (3); signed by Magistrate Judge Joseph G. Scoville (Magistrate Judge Joseph G. Scoville, mmh) (Entered: 07/14/2008) Copy of Order on Motion to Withdraw as Attorney 87 as to defendant Aren Bernard Burthwick mailed to atty John Royal (dmh) (Entered: 07/14/2008) 88 UNOPPOSED MOTION for ends of justice continuance by Aren Bernard Burthwick (Attachments: # 1 Attachment Proposed Order)(Graham, Scott) (Entered: 07/21/2008) 89 ORDER taking under advisement motion for ends of justice continuance 88 as to Aren Bernard Burthwick (3); motion under advisement until the scheduled final pretrial conference; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) (Entered: 07/22/2008) 93 ORDER granting motion for ends of justice continuance 88 as to Marie Jeanette Mason (1), Aren Bernard Burthwick (3) and Stephanie Lynne Fultz 94); final pretrial conference set for 9/15/2008 at 10:00 AM at 174 Federal Building, Kalamazoo, MI before Chief Judge Paul L. Maloney; jury trial set for 9/30/2008 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before Chief Judge Paul L. Maloney; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) Modified text on 8/4/2008 (rlw). (Entered: 07/31/2008) 99 NOTICE as to Aren Bernard Burthwick: change of plea hearing is set for 9/11/2008 at 04:00 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.;(Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 09/09/2008) 102 (First) Superseding FELONY INFORMATION as to defendant Aren Bernard Burthwick (Frank, Hagen) Modified on 9/12/2008 (ddk). (Entered: 09/10/2008) 103 PLEA AGREEMENT as to Aren Bernard Burthwick to (First) Superseding Felony Information (Graham, Scott) Modified text on

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9/12/2008 (ddk). (Entered: 09/11/2008) 09/11/2008 09/11/2008 09/11/2008 111 Second Superseding FELONY INFORMATION as to defendant Aren Bernard Burthwick (Frank, Hagen) (Entered: 09/11/2008) 112 PLEA AGREEMENT as to Aren Bernard Burthwick to Second Superseding Information (Frank, Hagen) (Entered: 09/11/2008) 113 DEFENDANT'S RIGHTS as to defendant Aren Bernard Burthwick to (First) Superseding Felony Information (ddk) Modified text on 9/12/2008 (ddk). (Entered: 09/12/2008) 114 CONSENT between defendant Aren Bernard Burthwick and counsel allowing Magistrate Judge to preside over guilty plea hearing as to the (First) Superseding Felony Information (ddk) Modified text on 9/12/2008 (ddk). (Entered: 09/12/2008) 115 MINUTES held before Magistrate Judge Hugh W. Brenneman, Jr as to defendant Aren Bernard Burthwick: deft appeared with counsel for arraignment and CHANGE OF PLEA hearing on the Superseding Felony Information; deft waived indictment and consented to proceed by way of information; the (First) Superseding Felony Information is officially before the court; defendant entered a guilty plea; the COURT DID NOT ACCEPT THE PLEA (Proceedings Digitally Recorded) (Magistrate Judge Hugh W. Brenneman, Jr., ddk) Modified text on 9/12/2008 (ddk). (Entered: 09/12/2008) 116 WAIVER OF INDICTMENT by defendant Aren Bernard Burthwick as to (First) Superseding Felony Information; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., ddk) (Entered: 09/12/2008) 117 NOTICE as to Aren Bernard Burthwick: change of plea hearing is set for 9/15/2008 at 09:30 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.;(Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 09/12/2008) 124 WAIVER OF INDICTMENT by defendant Aren Bernard Burthwick as to the Second Superseding Felony Information; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw) Modified text on 9/22/2008 (ddk). (Entered: 09/15/2008) 125 CONSENT between defendant Aren Bernard Burthwick and counsel allowing Magistrate Judge to preside over guilty plea hearing as to the Second Superseding Felony Information (Magistrate Judge Hugh W. Brenneman, Jr., fhw) Modified text on 9/22/2008 (ddk). (Entered: 09/15/2008) 126 DEFENDANT'S RIGHTS as to defendant Aren Bernard Burthwick to the Second Superseding Felony Information (Magistrate Judge Hugh W. Brenneman, Jr., fhw) Modified text on 9/22/2008 (ddk). (Entered: 09/15/2008) 127 MINUTES held before Magistrate Judge Hugh W. Brenneman, Jr. as to defendant Aren Bernard Burthwick (3): defendant waived indictment and consented to proceed by way of information, and the Second Superseding Felony Information is officially before the Court; ARRAIGNMENT and CHANGE OF PLEA hearing held on Count 1ss of the Second Superseding Felony Information; GUILTY PLEA ENTERED by deft; Presentence Report ordered; Report and Recommendation to issue; deft's bond continued (Proceedings Digitally Recorded)(Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 09/15/2008) 128 REPORT AND RECOMMENDATION that the guilty plea of Aren Bernard Burthwick as to the Second Superseding Felony Information be accepted; transcript of plea proceedings to be ordered; objections

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to RRdue within 10 days; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw) (Entered: 09/15/2008) 09/29/2008 134 ORDER ADOPTING REPORT AND RECOMMENDATION 128 as to Aren Bernard Burthwick; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) (Entered: 09/29/2008) 135 NOTICE as to defendant Aren Bernard Burthwick: sentencing set for 2/5/2009 at 10:00 AM at 128 Federal Building, Lansing, MI before Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) (Entered: 09/29/2008) 139 MOTION for reconsideration re 137 Order on Motion for Warrant, 136 MOTION for arrest warrant filed by USA by Marie Jeanette Mason as to Marie Jeanette Mason (Minock, John) Modified text on 11/6/2008 (rlw). (Entered: 09/30/2008) 156 TRANSCRIPT of Arraignment, Change of Plea Hearing as to defendant Aren Bernard Burthwick held September 11, 2008 before Honorable Hugh W. Brenneman, Jr., Magistrate Judge ; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 10 days within which to file a Notice of Intent to Request Redaction, and 21 days within which to file a Redaction Request; if no Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 2/9/2009 ; redaction request due 12/1/2008 (Transcriptionist: Gilmore, Sharon) (Entered: 11/10/2008) 157 TRANSCRIPT of Continued Arraignment, Change of Plea Hearing as to defendant Aren Bernard Burthwick held September 15, 2008 before Honorable Hugh W. Brenneman, Jr., Magistrate Judge ; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 10 days within which to file a Notice of Intent to Request Redaction, and 21 days within which to file a Redaction Request; if no Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 2/9/2009 ; redaction request due 12/1/2008 (Transcriptionist: Gilmore, Sharon) (Entered: 11/10/2008) 164 NOTICE rescheduling hearing as to Aren Bernard Burthwick that was previously set for 2/5/2009 at 10:00 a.m.; sentencing set for 2/5/2009 at 03:00 PM at 174 Federal Building, Kalamazoo, MI before Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) (Entered: 01/14/2009) 165 AMENDED NOTICE rescheduling hearing as to Aren Bernard Burthwick that was previously set for 2/5/2009 at 10:00 a.m.; sentencing set for 2/5/2009 at 03:00 PM at 128 Federal Building, Lansing, MI before Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) (Entered: 01/15/2009) 166 NOTICE rescheduling hearing as to Aren Bernard Burthwick that was previously set for 2/5/2009 at 3:00 p.m.; sentencing set for 2/5/2009 at 02:00 PM at 128 Federal Building, Lansing, MI before Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) (Entered: 01/21/2009)

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169 STIPULATION for Substitution of Counsel by Aren Bernard Burthwick (Graham, Scott) (Entered: 01/26/2009) 170 ORDER granting stipulation 169 as to Aren Bernard Burthwick (3); the law firm of Scott Graham PLLC shall substitute as counsel for defendant Aren Bernard Burthwick; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) (Entered: 01/27/2009) 171 MOTION for variance under 18 U.S.C. 3553(a) by Aren Bernard Burthwick (Attachments: # 1 Attachment Sentencing Memorandum, Memorandum in Support of Objection to Sentencing Guideline Calculations and Memorandum in Support of Motion for Variance from the Sentencing Guidelines Based on the Application of the Factors Set Forth in 18 U.S.C. 3553(a), # 2 Attachment Character Letters)(Graham, Scott) (Entered: 01/28/2009) 173 SENTENCING MEMORANDUM by USA as to Marie Jeanette Mason, Aren Bernard Burthwick, Stephanie Lynne Fultz (Frank, Hagen) (Entered: 01/30/2009) 179 MOTION to seal by Marie Jeanette Mason as to Marie Jeanette Mason, (Attachments: # 1 Proposed Order)(Minock, John) Modified text on 2/5/2009 (dfw). (Entered: 02/04/2009) 183 MINUTES of SENTENCING for Aren Bernard Burthwick (3), Count(s) 1, 1s, 4, Dismissed upon motion by the government; Count(s) 1ss, Defendant sentenced to 14 months in custody; followed by 1 years supervised release; shall pay $100 special assessment and $2,000 fine; held before Chief Judge Paul L. Maloney (Court Reporter: Kathleen Thomas) (Chief Judge Paul L. Maloney, acr) (Entered: 02/05/2009) 185 ACKNOWLEDGMENT of receipt of appeal packet by Aren Bernard Burthwick (jlg) (Entered: 02/05/2009) 190 JUDGMENT as to defendant Aren Bernard Burthwick; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) (Entered: 02/12/2009) Copy of Judgment 190 as to defendant Aren Bernard Burthwick mailed to Scott Graham, Hagen Frank (rlw) (Entered: 02/12/2009)

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