Case 1:08-cr OWW Document 86 Filed 08/21/2008 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA.

Similar documents
An Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 8 CRIMINAL

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Courtroom Terminology

Certificates of Rehabilitation in Fresno County Filing Instructions

Case 1:09-mj JMF Document 3 Filed 01/12/2009 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PLEA AGREEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 3. CASE NUMBER(S) AND DATE(S)

NOTICE OF DEMAND FOR TRIAL OR DISPOSITION PURUSANT TO PENAL CODE SECTION 1381 OR

TEXAS CRIMINAL DEFENSE FORMS ANNOTATED

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA

U.S. District Court Western District of Pennsylvania (Pittsburgh) CRIMINAL DOCKET FOR CASE #: 2:04-cr TMH All Defendants

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT. Defendant COUNT 1

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana) CRIMINAL DOCKET FOR CASE #: 8:07-cr AG-1

Order [setting conditions of release and appearance bond] for release on recognizance by designee. [No.] v. No.

SUPREME COURT OF GEORGIA. Atlanta June 11, The Honorable Supreme Court met pursuant to adjournment. The following order was passed:

COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS

U.S. District Court Western District of Missouri (Kansas City) CRIMINAL DOCKET FOR CASE #: 4:12-cr DW All Defendants

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION UNITED STATES OF AMERICA,

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CRIMINAL DOCKET FOR CASE #: 4:09-cr

PORT ORCHARD MUNICIPAL COURT LOCAL COURT RULES

RULES FOR LOUISIANA DISTRICT COURTS. TITLES I, II, and III Twenty-Seventh Judicial District Court Parish of St. Landry

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement.

PETITION FOR EXPUNGEMENT OF RECORDS (Section et seq., Ala. Code 1975)

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION; PROBATION

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A

Cross-Examination Checklist

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP CENTER PETITION FOR DISMISSAL UNDER PENAL CODE 1210.

STATE OF OHIO, COLUMBIANA COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT

SUPCR 1104 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM. (Vehicle Code 23152)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT

STATE OF OHIO ) CASE NO. CR ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LOUIS BAUER ) JOURNAL ENTRY ) Defendant. )

SUPCR 1106 FOR COURT USE ONLY

POLICY AND PROGRAM REPORT

U.S. District Court Middle District of Florida (Jacksonville) CRIMINAL DOCKET FOR CASE #: 3:02-cr HES All Defendants

DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Date: Time: Dept: C53

v. ) PLEA AGREEMENT ) CHADWICK C. LEE ) ALTER OFFICIAL CASE RECORD OBSTRUCTION OF JUSTICE 32 COMMON LAW CONSPIRACY 3 COMMON LAW

Protective Orders No-Trespass/No-Contact Order What happens after a police report is filed? Miscellaneous Criminal Justice Information

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DECISION

Relevant Facts Penal Code Section (aka expungements ) Penal Code Section 17(b), reduction of felonies to misdemeanors Proposition 47 Prop 64

109 East Main Street SCHNITTKE & SMITH McConnelsville, Ohio South High Street, P. O. Box 542 New Lexington, Ohio 43764

IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO

IS MY CLIENT ELIGIBLE TO VACATE AN ADULT CRIMINAL CONVICTION?

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT. Defendant

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FONTANA DISTRICT. Defendant COUNT 1

Bail, Innocence and Public Safety

A Victim s Guide to Understanding the Criminal Justice System

General District Courts

Case 3:10-cr JAH Document 19 Filed 06/14/10 Page 1 of 6

COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT

PETITION FOR EXPUNGEMENT OF RECORDS (Section et seq., Ala. Code 1975)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO RANCHO CUCAMONGA DISTRICT. Defendant COUNT 1

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

UNIVERSITY OF CALIFORNIA SAN FRANCISCO Resume Supplement/Conviction History Form. Name: Last First M.I.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT

PETITION FOR CERTIFICATE OF REHABILITATION AND PARDON [Pursuant to Penal Code and ]

Case 2:10-cr MHT -WC Document 833 Filed 03/29/11 Page 1 of 9

Referred to Committee on Judiciary. SUMMARY Revises provisions related to certain temporary and extended orders for protection.

STATE OF MARYLAND * IN THE * CIRCUIT COURT vs. * FOR * * CASE NO.

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

Table of Contents INTRODUCTION...17 FORWARD...23

JUDICIAL STANDING ORDER #1 Personal Recognizance Bonds Jail Credit on Plea

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights.

IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA SECOND JUDICIAL DISTRICT AT BARROW , ) ) Defendant. ) DOB: DOV: ) Case No.

The Simple Yet Confusing Matter of Sentencing (1 hour) Gary M. Gavenus Materials

USA v. Covino. Parties and Attorneys. Date Filed: Dec 17, Date terminated: Mar 12, Defendant (1) Mario Covino TERMINATED: 03/12/2013

Molly O Neal Public Defender STUDENT INTERNSHIP PROGRAM DESCRIPTION OF DUTIES APPLICATION RULES AND REGULATIONS

IN THE UNITED STATES DISTRICT COURT FOR THE SOLTTHERN DISTRICT OF TEXAS HOUSTON DIVISION PLEA AGREEMENT

Effective Criminal Case Management (ECCM) Project Data Request Single-Tier Courts

Glossary. FY Statistical Reference Guide 11-1

Let others know about the FREE legal resources available at LA Law Library. #ProBonoWeek #LALawLibrary

U.S. District Court District of South Carolina (Greenville) CRIMINAL DOCKET FOR CASE#: 6:17-cr KFM All Defendants

Packet Two: Criminal Law and Procedure Chapter 1: Background

United States District Court Western District of Kentucky PADUCAH DIVISION

Referred to Committee on Judiciary. SUMMARY Provides for the issuance of certain orders for protection. (BDR 3-839)

JUSTICE COURT FORMS FOR CRIMINAL PROCEEDINGS

ELIGIBILITY AND INSTRUCTIONS FOR SEALING OF CRIMINAL RECORDS Based upon Ohio Revised Code

COURT OF APPEALS DELAWARE COUNTY, OHIO FIFTH APPELLATE DISTRICT

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER EIGHT CRIMINAL DIVISION RULES...181

INMATE FORM FOR WRIT OF HABEAS CORPUS INSTRUCTIONS READ CAREFULLY

LOCAL RULES. Tenth Judicial District - Osage County Oklahoma. Effective July 1, 2012

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, CENTRAL DIVISION CASE NO. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

IN THE MUNICIPAL COURT OF DELAWARE COUNTY, OHIO CRIMINAL/TRAFFIC DIVISION PLEA IN ABSENTIA

Senate Bill No. 361 Senators Cannizzaro, Segerblom, Manendo, Ratti, Farley; Atkinson, Cancela, Denis, Ford, Parks, Spearman and Woodhouse

LOWERING CRIMINAL RECORD BARRIERS

Case 3:17-cv WHO Document 153 Filed 08/30/17 Page 1 of 5

CRIMINAL, TRAFFIC, CIVIL AND SMALL CLAIM RULES

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

U.S. District Court Alabama Middle District (Dothan) CRIMINAL DOCKET FOR CASE #: 1:05 cr WHA CSC 1

acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.

People v Salcedo 2015 NY Slip Op 30548(U) March 24, 2015 Supreme Court, Kings County Docket Number: 3580/2001 Judge: Bruce M. Balter Cases posted

CITY OF FAIRLAWN, OHIO MAYOR S COURT

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF LAW ENFORCEMENT

LAW 898A LSN CRIMINAL LITIGATION. Spring Professor Susan Leff 1

FLORIDA RULES OF JUDICIAL ADMINISTRATION. (1) The chief judge shall be a circuit judge who possesses administrative ability.

Transcription:

Case :0-cr-00-OWW Document Filed 0//0 Page of 0 JAI M. GOHEL, CA SBN 0 Eddy Street San Francisco, California 0 Telephone: ( - Facsimile: ( - Attorneys for Defendant RAY MARTIN HEFFINGTON UNITED STATES OF AMERICA, vs. Plaintiff, RAY MARTIN HEFFINGTON, et. al., Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA --oo0oo-- Case No.: 0:0-CR-00-OWW (00 DECLARATION OF JAI M. GOHEL IN SUPPORT OF MOTION TO RECONSIDER DETENTION ORDER Date: August, 0 Time: :0 p.m. Courtroom: Hon. Magistrate Snyder I, JAI M. GOHEL, hereby state under penalty of perjury, as follows:. I am a member of the bar of the state of California and the U.S. District Court for the Eastern District of California, and I am counsel for defendant Ray Martin Heffington in the above-entitled matter. I filed my appearance for Mr. Heffington on August, 0.. The Indictment was ordered unsealed on July, 0, as arrests of many of the defendants were executed. Upon hearing media reports related to the Indictment, Defendant Ray Heffington contacted undersigned counsel. On July, 0, undersigned counsel, after confirming that Mr. Heffington had been indicted by reviewing PACER records, called Assistant United States OF DETENTION ORDER -

Case :0-cr-00-OWW Document Filed 0//0 Page of 0 Attorney Laurel Montoya at approximately : p.m. on July, 0 and informed her that Mr. Heffington wished to surrender to law enforcement. Later that day, on July, Mr. Heffington did, in fact, voluntarily turn himself in to the United States Marshals Office in Fresno, California.. On July, 0, Hon. Magistrate Judge Gary Austin ordered defendant to be detained pretrial, after a brief detention hearing at which he was represented by previous counsel David Torres.. At the time of the June, 0 detention hearing, no discovery had been provided to prior defense counsel, nor had the search warrant application, affidavit and return of service from any search warrant.. On August, 0, Compact Discs of discovery were made available by the government, which include over 00 Bates stamped pages of documents, including search warrant applications, affidavits and returns of service, Title III wiretap authorization and related applications and affidavits and subsequent extension applications. In addition, hundreds if not thousands of intercepted phone conversations have been recorded and provided. I have reviewed the Bates stamped documents, but have not listened to more than a handful of the recorded converstations. Nevertheless, I am in a position to provide the Court with significant information regarding defendant s alleged role in the conspiracies and crimes charged against him in the Indictment as referred to in B of the Detention Order, which were not availabel to prior counsel at the initial detention hearing.. There appears to be no evidence, based upon my review of discovery, that Mr. Heffington had possession of any stolen motorcycle parts, equipment, records or any other evidence of his participation in a stolen motorcycles ring as a result of the execution of the search warrant on his residence. OF DETENTION ORDER -

Case :0-cr-00-OWW Document Filed 0//0 Page of 0. I am informed and believe that Donald Jesse ( D.J. Foster, the owner of the allegedly stolen motorcycle which my client is alleged to have stripped and delivered/sold to Road Dog Cycle, is a principal of Mr. Heffington s employer, and D.J. Foster is the son of the owner of the company.. I represent Mr. Heffington in a pending criminal felony case in Fresno County, Case No. F 00. The First Amended Information alleges violations of Penal Code (a( gun charge with a. (b( gang enhancement; Penal Code (b( gun charge with a.(b( enhancement; and a substantive Penal Code.(a gang charge, all felonies. Defendants are all members or associates of the Hells Angels Motorcycle Club, and were riding their motorbikes on Highway on July, 0 when they were detained and arrested by law enforcement. Subsequent searches of defendants resulted in the discovery of four handguns, one found on four of the six individuals traveling together. The matter is set for trial on September, 0.. Undersigned counsel belives that, in his considered opinion, after discussions with the prosecutor and judges in pretrial negotiations, even if convicted of all charges in the pending state case, Mr. Heffington (as well as the other defendants in the case will likely receive a probationary sentence and county jail time. 0. During the course or representing Mr. Heffington in his criminal case in Fresno County, I received in discovery, a true and correct copy of Mr. Heffington s rap sheet. A close inspection of these CII Records, while showing numerous arrests, indicate the following actual dispositions: A grant of drug diversion in Madera County, Case No. -, on a charge of a California H&S charge. (No conviction. OF DETENTION ORDER -

Case :0-cr-00-OWW Document Filed 0//0 Page of 0 A guilty plea in Madera County Case No. to a misdemeanor Penal Code (a violation for resisting or obstructing a peace officer, with a grant of months probation and days jail. (Misdemeanor conviction. A guilty plea in Madera County Case No. - to a misdemeanor charge of Penal Code (a for vandalism, with a day county jail sentence and fine, no probation. (Misdemeanor conviction. A guilty plea in Madera County Case No. to a felony charge of H&S (a for possession of concentrated cannabis, with a grant of 0 months probation and days of jail. This felony charge was subsequently reduced for all purposes, pursuant to Penal Code (b to a misdemeanor, and the guilty plea was withdrawn and a new plea of not guilty entered pursuant to Penal Code. by Order of the Madera County Superior Cort on January 0, 0. (No conviction.. I represented a defendant who is (and was a member of the Hells Angels in the matter of United States v. Acosta, et. al., Case No. 0-, before the Honorable James Mahan in the United States District Court for the district of Nevada. My client was one of defendants charged with Conspiracy, Violence in Aid of Racketeering (including an allegation that they did so to maintain or enhance their standing in the HAMC, and related firearm charges.. The case arose from a shootout on the floor of Harrah s Casino in Laughlin, Nevada on April, 0, in which people were killed and others were wounded. All defendants were HAMC members, or closely affiliated with HAMC members, and 0 resided outside of Las Vegas, Reno, Seattle, Washington, Alaska, and various California cities ranging from Sonoma (in the north to San Diego (south.. Notwithstanding the charges of Violent Crimes in aid of Racketeering (in which the HAMC was the alleged enterprise, and the prosecution s initial requests that they be detained, Judge Mahan ordered the release of all but one of the defendants on signature bonds, with travel limited only to the entirety of their respective states of residence, but permitting travel to Nevada as well. Judge Mahan also refused the government s request that they be prohibited from associating with co-defendants and with other HAMC members. OF DETENTION ORDER -

Case :0-cr-00-OWW Document Filed 0//0 Page of 0. The first of the defendants began September 0, and after approximately weeks of jury trial, the case ended with defendants pleading guilty to an enterprise conspiracy not the HAMC. Sentences for the five of six ranged from - years, one was sentenced to years, concurrent with a previously imposed sentence. The cases against the remaining defendants, including my client, were all dismissed with prejudice.. Of note is the fact that during the almost years that the case was pending, not one of the defendants, all of whom were affiliated in some way with the HAMC, had his pretrial release revoked due to any act of violence. Likewise, after several years of experience in handling HAMC-related cases, not one of my clients who have been granted pretrial release in state or federal court had his bond revoked for any reason whatsoever.. I have obtained and reviewed documents which I have attached as the following exhibits in support of this motion, and these are true and correct copies: a. Exhibit A: Reporter s Transcript of the July, 0 Detention Hearing for Ray Heffington. b. Exhibit B: July, 0 Detention Order for Ray Heffington. c. Exhibit C: Excerpts of Application for Search Warrants in this case, including affidavit. d. Exhibit D: Letters of Support e. Exhibit E: Proof of Employment and Local Operating Engineer Documents f. Exhibit F: Deeds of Trust for properties owned by Rass Stark and Linda Heffington. g. Exhibit G: Order Expunging Conviction in Madera County Case No. OF DETENTION ORDER -

Case :0-cr-00-OWW Document Filed 0//0 Page of h. Exhibit H: Preliminary Hearing Trancript Exerpts, People v. Heffington, Fresno County Case No. F00. I DECLARE under penalty of perjury, that the aforementioned is true and correct, except where it is based upon information and belief, whereupon I believe it to be true. Dated: August, 0. 0 JAI M. GOHEL OF DETENTION ORDER -