USA v. Chovan

United States Supreme Court

No. 14-5032
Daniel Edward Chovan, Petitioner
v.
United States
Docketed: July 2, 2014
Lower Ct: United States Court of Appeals for the Ninth Circuit
Case Nos.: (11-50107)
Decision Date: November 18, 2013
Rehearing Denied: April 22, 2014

Summary/Issues:

Filing DateFiling PartyDocument Description
 U.S. Supreme Court
 10/6/14 CourtPetition DENIED.
7/24/14CourtDISTRIBUTED for Conference of September 29, 2014.
7/15/14PetitionerWaiver of right of respondent United States to respond filed.
6/26/14PetitionerPetition for Writ of Certiorari (Response due August 1, 2014)
Ninth Circuit Court of Appeal 
10/10/14 CourtUS Supreme Court Letter Denying Petition for Writ of Certiorari
7/3/14CourtUS Supreme Court Letter Indicating Petition for Writ of Cert Was Filed In The US Supreme Court
5/1/14CourtMandate
4/22/14CourtOrder Denying Petition for Rehearing and Petition for Rehearing En Banc
03/18/14CourtOrder Granting Appellant’s Motion to Exceed the Type-Volume limitation
02/18/14AppellantFiled (ECF) Appellant Daniel Edward Chovan Motion to file oversized petition for rehearing and/or petition for rehearing en banc. Date of service: 02/18/2014. [8982561]–[COURT ENTERED FILING] (RY)
02/18/14AppellantFiled (ECF) Appellant Daniel Edward Chovan petition for rehearing en banc (from 11/18/2013 opinion). Date of service: 02/18/2013. [8981423]–[COURT UPDATE: Removed motion (refiled using correct ECF event, see [58]). Resent NDA. 02/18/2014 by RY] (DB)
01/10/14CourtFiled order (HARRY PREGERSON, MICHAEL DALY HAWKINS and CARLOS T. BEA): Appellant’s unopposed motion for an extension of time to file a Petition for Rehearing is GRANTED. The Petition for Rehearing shall be filed on or before February 18, 2014. SO ORDERED. [8933370] (AF)
01/07/14AppellantFiled (ECF) Appellant Daniel Edward Chovan Unopposed Motion to extend time to file petition for rehearing until 02/18/2014. Date of service: 01/07/2014. [8927861] (DB)
11/21/13CourtFiled order (HARRY PREGERSON, MICHAEL DALY HAWKINS and CARLOS T. BEA): Defendant-Appellant’s unopposed motion for an extension of time to file a Petition for Rehearing is GRANTED. Defendant-Appellant’s Petition for Rehearing shall be filed no later than January 15, 2014. [8872664] (AF)
11/20/13CourtCriminal Justice Act electronic voucher created. (Counsel: Devin Burstein for Daniel Edward Chovan) [8870273] (DR)
11/19/13AppellantFiled (ECF) Appellant Daniel Edward Chovan Unopposed Motion to extend time to file petition for rehearing until 01/15/2014. Date of service: 11/19/2013. [8869164] (DB)
11/19/13CourtFiled order (HARRY PREGERSON, MICHAEL DALY HAWKINS and CARLOS T. BEA): Defendant-Appellant’s motion to substitute counsel, filed November 14, 2013, is GRANTED. The docket shall reflect that Devin Burstein replaces Federal Defenders of San Diego, Inc., as counsel of record for Defendant-Appellant Daniel Edward Chovan. [8868871] (AF)
11/19/13AppelleeFiled (ECF) Appellee USA Correspondence: Request to amend counsel representation on the opinion.. Date of service: 11/19/2013 [8868629] (KWH)
11/18/13CourtFILED Opinion (HARRY PREGERSON, MICHAEL DALY HAWKINS and CARLOS T. BEA) AFFIRMED. Judge: HP Authoring, Judge: CTB Concurring. FILED AND ENTERED JUDGMENT. [8865324] (RP)
11/14/13AppellantFiled (ECF) Appellant Daniel Edward Chovan Motion to substitute counsel. Date of service: 11/14/2013. [8861952] (DB)
08/20/13AppellantNOTICE OF ATTORNEY APPEARANCE: Devin Jai Burstein appearing for Daniel Edward Chovan Replacing Joshua J. Jones (Attachments: # 1 Proof of Service)(Burstein, Devin)Attorney Devin Jai Burstein added to party Daniel Edward Chovan(pty:dft) (ag). (Entered: 08/20/2013)
01/28/13CourtReceived 50 paper copies of Supplemental brief [43] filed by Daniel Edward Chovan. [8490965] RECORDS UNIT (SW)
01/25/13CourtReceived 50 paper copies of Supplemental brief [42] filed by USA. [8488837] RECORDS UNIT (SW)
01/24/13CourtFiled clerk order: The supplemental brief [43] submitted on 1/23/13 by Daniel Edward Chovan is filed. [8487651] (SW)
01/24/13CourtFiled clerk order: The supplemental brief [42] submitted on 1/23/13 by USA is filed. [8487136] (SW)
01/23/13AppellantSubmitted (ECF) Supplemental Brief for review. Submitted by Appellant Daniel Edward Chovan. Date of service: 01/23/2013. [8485333] (DB)
01/23/13AppelleeSubmitted (ECF) Supplemental Brief for review. Submitted by Appellee USA. Date of service: 01/23/2013. [8485330] (KWH)
01/04/13CourtAdded attorney Kyle W. Hoffman for USA, in case 11-50107. [8462331] (HH)
01/04/13AppelleeFiled (ECF) notice of appearance of Kyle W. Hoffman for Appellee USA. Date of service: 01/04/2013. [8462161] (KWH)
12/24/12CourtFiled order (HARRY PREGERSON, MICHAEL DALY HAWKINS and CARLOS T. BEA) The parties’ joint motion for a 30-day extension of time to file simultaneous briefs setting forth their respective positions on whether the case should be reheard en banc is GRANTED. The briefs should not exceed 20 pages in length. The parties’ briefs should address the following issue: whether our circuit’s holding in United States v. Hancock, 231 F.3d 557 (9th Cir. 2000), that the “civil rights restored” provision in 18 U.S.C. § 921(a)(33)(b)(ii) does not violate equal protection should be overruled in light of the Supreme Court’s recent decisions in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 130 S. Ct. 3020 (2010). [8451397] (BJB)
12/21/12AppelleeFiled (ECF) Appellee USA Joint Motion to extend time to file Supplemental brief to 30 days from the date the Court rules on the motion. Date of service: 12/21/2012. [8450109]–[COURT UPDATE: Edited docket text to reflect correct brief type. Resent NDA. 12/21/2012 by RY]–[Edited: Updated docket text to reflect content of filing. 01/17/2013 by RY] (CH)
12/17/12CourtFiled order (HARRY PREGERSON, MICHAEL DALY HAWKINS and CARLOS T. BEA) A sua sponte en banc call having been made by the panel, the parties are instructed to file simultaneous briefs setting forth their respective positions on whether the case should be reheard en banc within 21 days of the filing date of this order. See G.O. 5.4c(3). An original and fifty copies should be filed. See Ninth Cir. R. 35-4(b). [8441383] (WL)
04/27/12CourtFiled clerk order: The letter brief [34] submitted by Daniel Edward Chovan is filed. No cpaper copies are required as stated in the court’s 4/12/12 order. [8155799] (WP)
04/27/12CourtFiled clerk order: The letter brief [33] submitted by USA is filed. No paper copies are required as stated in the court’s April 12, 2012 order. [8155762] (WP)
04/26/12AppellantSubmitted (ECF) Letter brief for review. Submitted by Appellant Daniel Edward Chovan. Date of service: 04/26/2012. [8155529] (DB)
04/26/12AppelleeSubmitted (ECF) Letter brief for review. Submitted by Appellee USA. Date of service: 04/26/2012. [8155411] (CH)
04/12/12CourtFiled order (HARRY PREGERSON, MICHAEL DALY HAWKINS and CARLOS T. BEA): The parties are ordered to file concurrent letter briefs on the applicability of United States v. Brailey, 408 F.3d 609 (9th Cir. 2005), to this case. The letter briefs shall not exceed three thousand (3,000) words in length. The parties shall file their letter briefs within fourteen (14) days from the date of this order. Parties who are registered for ECF must file the letter brief electronically without submission of paper copies. Parties who are not registered ECF filers must file the original letter brief plus fifteen (15) paper copies. [8138178] (AF)
02/17/12AppellantFiled (ECF) Appellant Daniel Edward Chovan citation of supplemental authorities. Date of service: 02/17/2012. [8074367] (DB)
02/17/12AppelleeFiled (ECF) Appellee USA citation of supplemental authorities. Date of service: 02/17/2012. [8074284] (CH)
02/17/12AppelleeFiled (ECF) Appellee USA Motion for miscellaneous relief [UNITED STATES MOTION TO ENLARGE 350-WORD LIMIT FOR SUBMISSION OF A FED. R. APP. P 28(j) LETTER. ]. Date of service: 02/17/2012. [8074281] (CH)
02/15/12CourtARGUED AND SUBMITTED TO HARRY PREGERSON, MICHAEL DALY HAWKINS and CARLOS T. BEA. [8069852] (LN)
02/07/12AppellantFiled (ECF) Appellant Daniel Edward Chovan citation of supplemental authorities. Date of service: 02/07/2012. [8060416] (DB)
02/07/12AppellantFiled (ECF) Appellant Daniel Edward Chovan citation of supplemental authorities. Date of service: 02/07/2012. [8059760] (DB)
02/07/12AppelleeFiled (ECF) Appellee USA citation of supplemental authorities. Date of service: 02/07/2012. [8058735] (CH)
12/27/11AppelleeFiled (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Ms. Caroline Han for Appellee USA. [8012546] (CH)
12/21/11AppellantFiled (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Devin Burstein for Appellant Daniel Edward Chovan. [8008491] (DB)
12/20/11CourtNotice of Oral Argument on FEBRUARY Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Please open attached documents to view details about your case. [8007058] (LN)
10/17/11AppellantReceived 7 paper copies of Reply brief [19] filed by Daniel Edward Chovan. [7931672] (SD)
10/11/11CourtFiled clerk order: The reply brief [19] submitted by Daniel Edward Chovan is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7922882] (WP)
10/06/11AppellantSubmitted (ECF) Reply brief for review. Submitted by Appellant Daniel Edward Chovan. Date of service: 10/06/2011. [7919521] (DB)
09/28/11AppelleeReceived 7 paper copies of Answering brief [14] filed by USA. [7909290] (SD)
09/26/11AppelleeFiled Appellee USA supplemental excerpts of record on appeal in 2 volumes (Vol. 2 UNDER SEAL). [7911875] (LA)
09/26/11AppelleeReceived Appellee USA notice of filing Vol. 2 of supplemental excerpts of record under seal, with DC protective order attached. [7911872] (LA)
09/22/11CourtFiled clerk order: The answering brief [14] submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7903705] (RH)
09/21/11AppelleeSubmitted (ECF) Answering brief for review. Submitted by Appellee USA. Date of service: 09/21/2011. [7902371] (CH)
07/29/11CourtFiled clerk order (Deputy Clerk: CAG): The Government’s motion for an extension of time in which to file the answering brief is granted. The answering brief is due September 21, 2011. The optional reply brief is due within 14 days after service of the answering brief. [7837154] (WL)
07/28/11AppellantReceived 7 paper copies of Opening brief [6] filed by Daniel Edward Chovan. [7836457] (SD)
07/28/11AppelleeFiled (ECF) Appellee USA Unopposed Motion to extend time to file Answering brief until 09/21/2011 at 11:59 pm. Date of service: 07/28/2011. [7835818] (CH)
07/28/11CourtCOURT DELETED ENTRY. Correct entry below: [11]. Original text: Filed (ECF) Appellee USA Unopposed Motion to extend time to file Answering brief until 09/21/2011 at 11:59 pm. Date of service: 07/28/2011. [7835795] (CH)
07/25/11AppellantFiled Appellant’s presentence report UNDER SEAL. [7832465] (WP)
07/25/11AppellantFiled Appellant Daniel Edward Chovan excerpts of record in 1 volume. Served on 07/21/2011. [7832464] (WP)
07/22/11CourtFiled clerk order: The opening brief [6] submitted by Daniel Edward Chovan is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7829408] (WP)
07/21/11AppellantSubmitted (ECF) Opening brief for review. Submitted by Appellant Daniel Edward Chovan. Date of service: 07/21/2011. [7828535] (DB)
06/15/11CourtUSM FORM 285 returned executed 06/13/11 by USA as to Daniel Edward Chovan re disposition of forfeiture (jpp) (Entered: 06/16/2011)
 06/13/11CourtFiled clerk order (Deputy Clerk: AMT): Appellant’s unopposed motion for a 30-day extension of time to file the opening brief is granted. The opening brief is due July 21, 2011. The answering brief is due August 22, 2011. The optional reply brief is due within 14 days after service of the answering brief. [7782559] (WL)
 06/10/11AppellantFiled (ECF) Appellant Daniel Edward Chovan Unopposed Motion to extend time to file Opening brief until 07/21/2011. Date of service: 06/10/2011. [7781517] (DB)
 06/07/11CourtUSPO Request for Modifying the Conditions or Term of Supervision
06/06/11CourtAmended ORDER granting Motion for Forfeiture of Property as to Daniel Edward Chovan
06/02/11PlaintiffMOTION for an Amended Order of Criminal Forfeiture by USA as to Daniel Edward Chovan
 04/29/11AppellantAttorney Joshua J. Jones in 11-50107 substituted by Attorney Devin Burstein in 11-50107 [7735720] (EL)
 04/29/11AppellantFiled (ECF) notice of appearance of Devin Burstein for Appellant Daniel Edward Chovan. Date of service: 04/29/2011. [7735716] (DB)
04/25/11CourtNOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) as to Daniel Edward Chovan for date of 7/19/2010 before Judge John A. Houston, re 49 Notice of Appeal. Court Reporter/Transcriber: Melinda S. Setterman. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/16/2011. Redacted Transcript Deadline set for 5/26/2011. Release of Transcript Restriction set for 7/25/2011. (akr) (Entered: 04/25/2011)
04/11/11CourtNOTICE OF FILING OF OFFICIAL TRANSCRIPT (Sentencing) as to Daniel Edward Chovan for date of 3/21/2011 before Judge John A. Houston, re 49 Notice of Appeal. Court Reporter/Transcriber: Melissa A. Pierson. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/2/2011. Redacted Transcript Deadline set for 5/12/2011. Release of Transcript Restriction set for 7/11/2011. (akr) (Entered: 04/11/2011)
04/08/11CourtNOTICE OF FILING OF OFFICIAL TRANSCRIPT (Change of Plea Hearing) as to Daniel Edward Chovan for date of 11/9/2010 before Magistrate Judge Nita L. Stormes, re 49 Notice of Appeal. Court Reporter/Transcriber: Cameron P. Kircher. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/29/2011. Redacted Transcript Deadline set for 5/9/2011. Release of Transcript Restriction set for 7/7/2011. (akr) (Entered: 04/08/2011)
04/04/11CourtNOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) as to Daniel Edward Chovan for date of 9/10/2010 before Judge John A. Houston, re 49 Notice of Appeal. Court Reporter/Transcriber: Cameron P. Kircher. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/25/2011. Redacted Transcript Deadline set for 5/5/2011. Release of Transcript Restriction set for 7/5/2011. (akr) (Entered: 04/04/2011)
04/04/11CourtNOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) as to Daniel Edward Chovan for date of 6/21/2010 before Judge John A. Houston, re 49 Notice of Appeal. Court Reporter/Transcriber: Cameron P. Kircher. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/25/2011. Redacted Transcript Deadline set for 5/5/2011. Release of Transcript Restriction set for 7/5/2011. (akr) (Entered: 04/04/2011)
03/28/11DefendantTRANSCRIPT DESIGNATION AND ORDERING FORM by Daniel Edward Chovan for proceedings held on 6/21/2010, 7/19/2010, 9/10/2010, 11/9/2010, 3/21/2011 re 49 Notice of Appeal. (akr) (Entered: 03/28/2011)
03/28/11CourtJudgment Returned Executed as to Daniel Edward Chovan
03/24/11CourtDOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: 5 Years Probation. Transcript ordered by 04/12/2011. Transcript due 05/12/2011. Appellant briefs and excerpts due by 06/21/2011 for Daniel Edward Chovan. Appellee brief due 07/21/2011 for United States of America. Appellant’s optional reply brief is due 14 days after service of the answering brief. [7692858] (HC)
 03/24/11CourtUSCA Time Schedule Order for 49 Notice of Appeal, filed by Daniel Edward Chovan. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 4/12/2011 (see Ninth Circuit Rule 10-3.2); Due date for filing of transcripts in US District Court is 5/12/2011.) (cc: Court Reporters). (akr) (Entered: 03/24/2011)
03/24/11 CourtUSCA Case Number 11-50107 for Notice of Appeal
 03/23/11CourtJudgment in a Criminal Case
 03/22/11 DefendantNotice of Appeal
USDC – California – Southern
 03/21/11CourtMinute Entry for proceedings held before Judge John A. Houston: Sentence With PSR Hearing held on 3/21/2011 for Daniel Edward Chovan (1). Count 1, Defendant is placed on Probation for five years, with conditions. No fine. $100.00 penalty assessment. Count 2, Dismissed without prejudice on oral motion of the United States. The Court orders that Government’s exhibit three be filed under seal. Bond exonerated. Defendant’s motion for bond pening appeal is withdrawn. (Court Reporter Melissa Pierson).(Plaintiff Attorney Caroline P. Han, AUSA). (Defendant Attorney Joshua J. Jones, FD). (lwm) (Entered: 03/22/2011)
03/17/11DefendantSENTENCING MEMORANDUM by Daniel Edward Chovan (Jones, Joshua) (jpp). (Entered: 03/17/2011)
03/08/11 PlaintiffRESPONSE in Opposition by USA as to Daniel Edward Chovan re 44 MOTION for Bond Pending Appeal (Certificate of service included.) (Attachments: # 1 Exhibit 1)(Han, Caroline) (jpp). (Entered: 03/08/2011)
03/08/11PlaintiffSENTENCING MEMORANDUM by USA as to Daniel Edward Chovan (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Han, Caroline) (jpp). (Entered: 03/08/2011)
 03/02/11DefendantMOTION for Bond Pending Appeal by Daniel Edward Chovan. (Attachments: # 1 Memo of Points and Authorities)(Jones, Joshua) (amh). (Entered: 03/02/2011)
 02/07/11 CourtMinute Entry for proceedings held before Judge John A. Houston: Sentence With PSR Hearing as to Daniel Edward Chovan continued to 3/21/2011 08:30 AM in Courtroom 11 before Judge John A. Houston. Any briefing is due by 2/28/11. (Court Reporter Cameron Kircher).(Plaintiff Attorney Caroline P. Han, AUSA). (Defendant Attorney Joshua J. Jones, FD). (lwm) (Entered: 02/07/2011)
 01/31/11CourtSentencing Summary Chart
01/19/11 CourtPreliminary Order of Criminal Forfeiture
 01/03/11 CourtPRE-SENTENCE REPORT as to Daniel Edward Chovan. Report prepared by: Timothy Noggle. (Document applicable to USA, Daniel Edward Chovan.) (Ortiz, R.) (Entered: 01/03/2011)
12/08/10 CourtORDER ACCEPTING GUILTY PLEA as to Daniel Edward Chovan
 11/15/10PlaintiffNotice of Supplemental Exhibit to United States’ Response in Opposition to Defendant’s Motion to Dismiss
11/09/10CourtExcludable Minute Order
11/09/10CourtFindings and Recommendation of the Magistrate Judge
11/09/10CourtPLEA AGREEMENT as to Daniel Edward Chovan (jpp) (Entered: 11/10/2010)
11/09/10 CourtConsent to Plea
 11/09/10 CourtMinute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Change of Plea Hearing as to Daniel Edward Chovan held on 11/9/2010. Plea agreement submitted by the defendant. Plea Tendered by Daniel Edward Chovan to Guilty on count 1 of the Indictment. PSR Ordered. All pending motions terminated as to Daniel Edward Chovan. All pending hearing dates vacated as to Daniel Edward Chovan. Sentence With PSR set for 2/7/2011 08:30 AM in Courtroom 11 before Judge John A. Houston. (CD# 11/9/2010 NLS10-9:44 to 9:54). (Plaintiff Attorney Caroline Pineda Han, AUSA). (Defendant Attorney Joshua J. Jones, FD.). (gep) (Entered: 11/09/2010)
11/5/10 CourtNOTICE OF HEARING as to Defendant Daniel Edward Chovan. Change of Plea Hearing set for 11/9/2010 09:30 AM in Courtroom G before Magistrate Judge Nita L. Stormes. (gep) (Entered: 11/05/2010)
09/10/10CourtMinute Entry for proceedings held before Judge John A. Houston: Jury Trial set for 12/7/2010 09:00 AM in Courtroom 11 before Judge John A. Houston. (Court Reporter Cameron Kircher).(Plaintiff Attorney Caroline P. Han, AUSA). (Defendant Attorney Joshua J. Jones, FD). (lwm) (Entered: 09/13/2010)
 08/19/10 CourtMinute Entry At the request of the parties, with the consent of the Court, the Motion Hearing as to Daniel Edward Chovan, set for 8/23/10, is vacated and reset to 9/10/2010 10:30 AM in Courtroom 11 before Judge John A. Houston. Defendant shall file an acknowledgment of the next court date. (Court Reporter n/a). (lwm) (Entered: 08/19/2010)
08/11/10CourtOrder Denying Defendant’s Motion to Dismiss Count 1 of the Indictment
 08/06/10 CourtMinute Entry On the Court’s own motion, with notice to the parties, the Motion Hearing as to Daniel Edward Chovan, set for 8/9/10, is vacated and reset to 8/23/2010 10:30 AM in Courtroom 11 before Judge John A. Houston. (Court Reporter Cameron Kircher). (lwm) (Entered: 08/06/2010)
 07/19/10CourtMinute Entry for proceedings held before Judge John A. Houston:Motion Hearing as to Daniel Edward Chovan held on 7/19/2010, denying 17 Motion to Dismiss as to Daniel Edward Chovan (1); denying 17 Motion to Dismiss Indictment as to Daniel Edward Chovan (1); denying 17 Motion for Order as to Daniel Edward Chovan (1). (Court Reporter Melinda Setterman.)(Plaintiff Attorney Caroline Pineda Han, AUSA).(Defendant Attorney Joshua J. Jones, FD).(lwm) (Entered: 07/19/2010)
 07/12/10 DefendantSupplemental Reply to Government’s Response to Motions to Dismiss
07/06/10 CourtRequest for Modifying the Conditions of Pretrial Release
 07/01/10 CourtORDER requesting Supplemental Briefing as to Daniel Edward Chovan. Court hereby orders that the Defendant may submit no later than 07/09/10, a supplemental briefing addressing the implications of McDonald v. Chicago, Ill, if Defendant so wishes, including any response to arguments presented in the government’s supplemental brief. Signed by Judge John A. Houston on 07/01/10. (jpp) (Entered: 07/01/2010)
 06/28/10 PlaintiffResponse in Opposition by USA Re Motion for Discovery and Motion to Dismiss
 06/24/10 CourtNotice of Document Discrepancy and Order Thereon by Judge John A. Houston Accepting Document: 20 Declaration of Daniel Chovan. from Daniel Edward Chovan. Non-compliance with local rule(s), OTHER: Contains wrong case number.. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge John A. Houston on 06/24/10. (jpp) (Entered: 06/25/2010)
 06/21/10CourtMinute Entry for proceedings held before Judge John A. Houston:Motion Hearing/Trial Setting as to Daniel Edward Chovan held on 6/21/2010 submitting 17 Motion to Dismiss as to Daniel Edward Chovan (1); submitting 17 Motion to Dismiss Indictment as to Daniel Edward Chovan (1); submitting 17 Motion for Order as to Daniel Edward Chovan (1). Motion Hearing set for 7/19/2010 10:30 AM in Courtroom 11 before Judge John A. Houston. Defendant is permitted to file additional motions. USA shall respond to the declaration by 6/28/10. Further Motion Hearing set for 8/9/2010 10:30 AM in Courtroom 11 before Judge John A. Houston. (Court Reporter Cameron Kircher.)(Plaintiff Attorney Caroline P. Han, AUSA).(Defendant Attorney Joshua J. Jones, FD).(lwm) (Entered: 06/22/2010)
 06/21/10DefendantDeclaration of Daniel Chovan in Support of Motion to Dismiss
 06/14/10PlaintiffMOTION for Reciprocal Discovery
 06/14/10PlaintiffOpposition to Defendant’s Discovery Motion and Motion to Dismiss
06/08/10DefendantDiscovery Motion, Motion to Dismiss
05/13/10CourtMinute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Arraignment on the Indictment as to Daniel Edward Chovan (1) to Count 1 and 2 held on 5/13/2010. Not Guilty plea entered. Motion Hearing/Trial Setting set for 6/21/2010 10:30 AM in Courtroom 11 before Judge John A. Houston. (Tape #NLS10-11:23 to 11:25). (Plaintiff Attorney Caroline Pineda Han, AUSA-N/A; Lara Stingley, AUSA-S/A). (Defendant Attorney Joshua J. Jones, FD.-N/A; Brendan Hickey, FD-S/A). (gep) (Entered: 05/13/2010)
05/12/10CourtIndictment
04/29/10CourtMinute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Preliminary Hearing Continued as to Daniel Edward Chovan. Defense oral motion to continue hearing granted. Preliminary Hearing continued to 5/13/2010 09:30 AM in Courtroom G before Magistrate Judge Nita L. Stormes. (Tape #NLS10-10:08-10:14). (AUSA Carla Bressler). (Defense Attorney FD Bridget Kennedy S/A for Joshua Jones). (bjb) [3:10-mj-01262-NLS] (Entered: 04/30/2010)
04/29/10PlaintiffNOTICE OF ATTORNEY APPEARANCE Caroline Pineda Han appearing for USA. (Han, Caroline) (ecs). [3:10-mj-01262-NLS] (Entered: 04/29/2010)
04/28/10CourtPretrial Services Request for Modifying the Conditions or Term of Pretrial Release and Order thereon in case as to Daniel Edward Chovan. The Court orders the defendant to submit to treatment, and/or testing, as specified by the assigned Pretrial Services Officer, for drugs. Signed by Magistrate Judge Nita L. Stormes on 04/27/10. (smy) [3:10-mj-01262-NLS] (Entered: 04/28/2010)
04/22/10CourtORDER Setting Conditions of Release Bond set for Daniel Edward Chovan (1) $30,000 P/S. Signed by Magistrate Judge Nita L. Stormes on 4/22/2010. (mtb) Modified filed date on 4/26/2010 (mtb)(mam). [3:10-mj-01262-NLS] (Entered: 04/26/2010)
04/22/10CourtABSTRACT OF ORDER Releasing Daniel Edward Chovan re 9 Bond. (mtb) (mam). [3:10-mj-01262-NLS] (Entered: 04/26/2010)
04/22/10CourtP/S Bond Entered as to Daniel Edward Chovan in amount of $ 30,000.00, Signed by Magistrate Judge Nita L. Stormes on 4/22/2010. (mtb)(mam). [3:10-mj-01262-NLS] (Entered: 04/26/2010)
04/22/10CourtMinute Entry for proceedings held before Magistrate Judge Nita L. Stormes:Detention Hearing as to Daniel Edward Chovan held on 4/22/2010. Government withdraws its motion to detain defendant Daniel Edward Chovan. Government and defense counsel propose $30,000 P/S bond amount for defendant to the court. Court findings as moot governments oral 3 Motion to Detain as to Daniel Edward Chovan (1). Court approves of the joint bond proposal and grants the 7 Motion for Bond as to Daniel Edward Chovan (1). Court sets bond at $30,000 P/S as to Daniel Edward Chovan (1). Court additionally orders that the defendant shall surrender any weapons he owes or within his control to the Bureau of Alcohol, Tobacco and Firearms as a condition of release. Court calls, swears and examines the proposed sureties (defendants parents). Court approves sureties. Court reviews and signs the submitted bond packet. Abstract prepared and submitted to the USM. (Tape #NLS10-15:24 to 15:36.)(Plaintiff Attorney Lara Stingley, AUSA).(Defendant Attorney Joshua J. Jones, FD.).(gep) [3:10-mj-01262-NLS] (Entered: 04/26/2010)
04/21/10DefendantMOTION for Bond by Daniel Edward Chovan. (Attachments: # 1 Memo of Points and Authorities)(Jones, Joshua)(mtb). [3:10-mj-01262-NLS] (Entered: 04/21/2010)
04/20/10DefendantNotice of Assertion of Rights by Daniel Edward Chovan (Attachments: # 1 Proof of Service)(Jones, Joshua)(mtb). [3:10-mj-01262-NLS] (Entered: 04/20/2010)
04/20/10DefendantNOTICE OF ATTORNEY APPEARANCE: Joshua J. Jones appearing for Daniel Edward Chovan (Jones, Joshua)(mtb). [3:10-mj-01262-NLS] (Entered: 04/20/2010)
04/19/10DefendantCJA 23 Financial Affidavit by Daniel Edward Chovan. (ecs) (mam). [3:10-mj-01262-NLS] (Entered: 04/20/2010)
04/19/10CourtORAL MOTION to Detain (flight and danger risk) by USA as to Daniel Edward Chovan as per (2) minute entry. (jjh) [3:10-mj-01262-NLS] (Entered: 04/20/2010)
04/19/10CourtMinute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Initial Appearance on complaint as to Daniel Edward Chovan held on 4/19/2010. Federal Defenders appointed for Daniel Edward Chovan. Financial affidavit submitted. Oral Motion for Detention by Government (Flight & Danger Risk); No Bond set as to Daniel Edward Chovan (1). (Detention Hearing set for 4/22/2010 03:00 PM in Courtroom G before Magistrate Judge Nita L. Stormes., Preliminary Hearing set for 4/29/2010 09:30 AM in Courtroom G before Magistrate Judge Nita L. Stormes.) (Tape #14:32-14:39). (Plaintiff Attorney Lara Stingley, AUSA). (Defendant Attorney Trent Packer, FD-S/A). (jjh) [3:10-mj-01262-NLS] (Entered: 04/20/2010)
04/10/10PlaintiffComplaint