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EASTERN DISTRICT OF NEW YORK 225 CADMAN PLAZA EAST BROOKLYN, NEW YORK 11201 REC?lYl!.5 K f 9 f2:f~ ! I ~ ~ ~ . ~ E C ROBERT C. HEINEMANN CLERK
Magistrate Docket Number : 05- l52OM District of Oregon Case Number : CR-05-60128-AA
Dear SirMadam : Enclosed please find certified copies of our entire file in the above captioned Rule 40 Removal proceeding regarding defendant :
Daniel Gerard McGowan Please acknowledge receipt of same by mailing back to our office the enclosed copy of this letter signed and dated.
ACKNOWLEDGMENT DISTRICT OF
Eastern Distrkt of New York - Live Database Version 2.5 Release -...
https://ecf.nyed.circ2.dcn/cgi-bin/DktRpt.pl?7333 11257482659-L-9...
U.S. District Court Eastern District of New York (Brooklyn) CRIMINAL DOCKET FOR CASE #: 1:05-mj-01520-RLM-ALL Internal Use Only
Case title: USA v. McGowan Assigned to: Magistrate-Judge Roanne L. Mann Date Filed: 12/08/2005
Pending Counts
None
Disposition
Terminated Counts
None
Disposition
Complaints
None
Disposition
Plaintiff
...
USA
represented by Walter M. Norkin United States Attorneys Office One Pierrepont Plaza Room 1537 Brooklyn, NY 11201 7 18-254-6152 Fax: 7 18-254-6076 Email: walter.norlun @usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed
Docket Text
REMOVAL TO THE DISTRICT OF OREGON as to Daniel Gerard McGowan (Jackson, LaKeshia) (Entered: 12/09/2005) Minute Entry for proceedings held before Roanne L. Mann :Initial Appearance in Rule 5(c)(3) Proceedings as to Daniel Gerard McGowan held on 12/8/2005 Appearance entered by Walter M. Norkin for USA, Martin R. Stolar for Daniel Gerard McGowan on behalf of defendant. Defense counsel presented a bail package; government opposed; court denied bail package. Officer Hardy sworn and gives testimony. Bail hearing set for 12/9/05 at 2:OOpm. (Tape #05/203(1360-2279).) (Jackson, LaKeshia) (Entered: 12/09/2005) TEMPORARY COMMITMENT Issued as to Daniel Gerard McGowan (Jackson, LaKeshia) (Entered: 12/09/2005) NOTICE OF ATTORNEY APPEARANCE: Martin R. Stolar appearing for Daniel Gerard McGowan (Jackson, LaKeshia) (Entered: 12/09/2005) Minute Entry for proceedings held before Roanne L. Mann :Detention Hearing as to Daniel Gerard McGowan held on 12/9/2005. AUSA Walter Norkin present. Dft present whet counsel Martin Stolar. Dfse counsel presented a modified bail package; govt opposed; court denied package. Identity hearing waived. Commitment to another district order entered. (Tape #05/203 (2947-3653.) (Chin, Felix) (Entered: 12/13/2005) WAIVER of Rule 5(c)(3) Hearing by Daniel Gerard McGowan (Chin, Felix) (Entered: 1211312005) COMMITMENT TO ANOTHER DISTRICT as to Daniel Gerard McGowan. Defendant committed to District of Oregon. Ordered by Judge Roanne L. Mann on 12/9/05. (Chin, Felix) (Entered: 12/13/2005) ***Case Terminated as to Daniel Gerard McGowan, ***Terminated defendant Daniel Gerard McGowan, pending deadlines, and motions. (Chin, Felix) (Entered: 12113/2OO5)
against -
EASTERN DISTRICT OF NEW YORK, SS: GREGORY SCOTT HARVEY, being duly sworn, deposes and states that he is a Detective with the Eugene Police Department, Eugene, Oregon, as well as a Deputy United States Marshal, duly appointed according to law and acting as such. Upon information and belief, on or about November 16, 2005, a warrant was issued by the United States District Court for the District of Oregon commanding the arrest of the defendant DANIEL GERARD MCGOWAN pursuant to an indictment charging arson, in violation of Title 18, United States Code, Sections 844 and 924 (c). The source of your deponent's information and the grounds for his belief are as follows:
1.
DANIEL GERARD MCGOWAN was charged in an indictment in the District of Oregon for arson, in violation of Title 18, United States Code, Sections 844 and 924(c). is attached hereto. A copy of the indictment
2.
arrest of the defendant DANIEL GERARD MCGOWAN was issued by a Magistrate Judge for the United States District Court for the District of Oregon.
3.
in the indictment, I conducted surveillance on the defendant both in Oregon and in New York. From the surveillance, I knew the
defendant's appearance and that he worked at 150 Court Street, Brooklyn, New York.
4.
present when I arrived at the address and he was accordingly arrested. WHEREFORE, it is requested that the defendant DANIEL GERARD MCGOWAN be removed to the District of Oregon so that he may be dealt with according to law.
12/07/2005
16: 09
h456962031
PAGE
02
17 Order of court
ARSON
in violation of Title
18
United States Code, Section(s) 8 4 4 ) : 924fc)(l)(A)Ii) & IBIfii) & (C)(il); and 2
Thomas M. Coffin
Name of lssutogOtRcer
--LR
Thls warrant was received and executed with the arrest of the above-named defendant at
PRGE .02
PAGE
03
SEALED
1
)
C R No.
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1
) )
Defendant.
Oregon, defendant DANIEL GERARD McGOWAN, also known as "Sorrell, and others known and unknown to the Grand Jury, unlawfully and willfullycaused and aided,
abetted, counseled, commanded, induced, and procured the malicious damaging and
destroying, by means of fire and an explosive, of a building and other real and personal
property used in interstate commerce and used in activities affecting interstate
commerce, namely, a building and its contents located at Superior Lumber Company,
2695 Glendale Valley Road, Glendale, Douglas County, Oregon; all in violation of Title
18, United States Code, Sections 844(i) and 2.
Ill
Page 1 -
INDICTMENT
6466962031
PAGE. 03
PAGE
04
COUNT 2 On or about January 2, 2001, at Glendale, Douglas county, in the District of Oregon, defendant DANIEL GERARD McGOWAN, also known as "Sorrell", and others known and unknown to the Grand Jury, unlawfully and knowingly used and carried one
or more destructive devices, namely, one or more incendiary bombs, during and in
relation to a crime of violence, namely, arson, in violation of Title 18, United States Code, Section 844(i), as charged in Count Iof this indictment, and possessed such destructive devices in furtherance of such crime; all in violation of Title 18, United States Code, Sections 924(c)(l)(A)(i) & (B)(ii) & (C)(ii) and 2.
COUNT 3
On or about
-.
Oregon, defendant DANIEL GERARD McGOWAN, also known as ~ o r ~ e and others ll~~,
known and unknown to the Grand Jury, unlawfully and wiltfully caused and aided,
abetted, counseled, commanded, induced, and procured the attempt to damage or destroy, by means of fire and an explosive, a building and other real and personal property used in interstate commerce and used in activities affecting interstate commerce, namely, the main office building and its contents located at Jefferson Poplar Farms, 791 14 Collins Road, Clatskanie, Columbia County, Oregon; all in violation of Title 18, United States Code, Sections 844(i) and 2.
COUNT 4
On or about May 21, 2001, at Clatskanie, Columbia County, in the District of Oregon, defendant DANIEL GERARD McGOWAN, also known as "Sorrell", and others
Page 2 -
INDICTMENT
PAGE. 04
PAGE
05
known and unknown to the Grand Jury, unlawfully and knowingly used and carried one or more destructive devices, namely, one or more incendiary bombs, during and in
relation to a crime of violence, namely, attempt to commit arson, in violation of Title 18.
United States Code. Section 844(i), as charged in Count 3 of this indictment, and possessed such destructive devices in furtherance of such crime:all in violation of Title
18, United States Code, Sections 924(c)(1)(A)(i) & (B)(ii) & (C)(ii) and 2.
COUNT 5 On or about May 21, 2001, at Clatskanie, Columbia County. in the District of
Oregon, defendant DANIEL GERARD McGOWAN, also known as "Sorrell". and others
known and unknown to the Grand Jury, unlawfully and willfully caused and aided,
abetted, counseled, commanded, induced, and procured the malicious damaging and
destroying. by means of fire and an explosive, of a building and otherie~l personal and property used in interstate commerce and used in activities affecting interstate commerce. namely, a vehicle shop and its contents located at Jefferson Poplar Farms, 79114 Collins Road, Clatskanie, Columbia County, Oregon; all in violation of Title 18, United States Code, Sections 844(i) and 2.
COUNT 6
On or a bout May 21, 2001, at Clatskanie, Columbia County, in the District of Oregon, defendant DANIEL GERARD McGOWAN, also known as "Sorrell", and others
known and unknown to the Grand Jury, unlawfully and willfully caused and aided,
abetted, counseled, commanded, induced, and procured the malicious damaging and
Page 3 -
INDXCTMENT
PAGE
06
and used in activities affecting interstate commerce, namely, a 1996 Ford truck bearing
Oregon license number UMZ 923, located at Jefferson Poplar Farms, 79114 Collins Road, Clatskanie, Columbia County, Oregon; all in violation of Title 18, United States Code, Sections 844(i) and 2.
COUNT 7
On or about May 21, 2001, at Clatskanie, Columbia County, in the District of Oregon, defendant DANIEL GERARD McGOWAN, also known as "Sorrell", and others known and unknown to the Grand Jury, unlawfully and willfully caused and aided,
abetted, counseled, commanded, induced, and procured the malicious damaging and
destroying, by means of fire and an explosive, of a vehicle used in interstate commerce and used in activities affecting interstate commerce, namely, a 1997 Ford truck bearing
Oregon license number VNS 404, iocated at Jefferson Poplar Farms, 79".14 Collins
Road, Clatskanie, Columbia County, Oregon; all in violation of Title 18, United States Code, Sections 844(i) and 2.
COUNT 8
destroying, by means of fire and an explosive, of a vehicle used in interstate commerce and used in activities affecting interstate commerce, namely, a 1997 Ford truck bearing Oregon license number VHQ 661, located at Jefferson Poplar Farms, 791 14 Collins
Page 4 -
lNDICTMENT
PAGE
07
Road, Clatskanie, Columbia County, Oregon; all in violation of Title 18, United States Code, Sections 844(i) and 2.
COUNT 9
known and unknown to the Grand Jury, unlawfully and willfully caused and aided, abetted, counseled, commanded, induced, and procured the malicious damaging and destroying, by means of fire and an explosive, of a vehicle used in interstate commerce and used in activities affecting interstate commerce, namely, a 1984 Ford truck bearing Oregon license number CXR 901, located at Jefferson Poplar Farms, 79114 Collins Road, Clatskanie, Columbia County. Oregon; all in violation of Title 18, United States Code, Sections 844(i) and 2.
COUNT 10
known and unknown to the Grand Jury. unlawfully and willfully caused and aided,
abetted, counseled, commanded. induced. and procured the malicious damaging and
destroying, by means of fire and an explosive, of a vehicle used in interstate commerce and used in activities affecting interstate commerce, namely, a 1981 GMC truck bearing Oregon license number NA41574, located at Jefferson Poplar Farms, 79114 Collins Road, Clatskanie, Columbia County, Oregon: all in violation of Title 18, United States Code, Sections 844(i) and 2.
Page 5 -
INDICTMENT
PAGE. 07
PAGE
08
COUNT 11
On or about May 21, 2001, at Clatskanie, Columbia County, in the District of Oregon, defendant DANIEL GERARD McGOWAN, also known as "Sorrell", and others known and unknown to the Grand Jury, unlawfully and willfully caused and aided,
abetted, counseled, commanded, induced, and procured the malicious damaging and
Oregon license number 282 ACE, located at Jefferson Poplar Farms, 79114 Collins
Road, Clatskan'ie, Columbia County, Oregon; all in violation of Title 18, United States
Page 6 -
DEC 07 2005 15 : 16
PAGE. 08
PAGE
09
COUNT 13
and used in activities affecting interstate commerce, namely,a 1990 Ford truck bearing
Oregon license number 361 ACC, located at Jefferson Poplar Farms, 79114 Collins
Road, Clatskanie, Columbia County, Oregon; all in violation of Title 18, United States
On or about May 21, 2001, at Clatskanie, Columbia County, In the District of Oregon, defendant DANIEL GERARD McGOWAN, also known as "Sorrell", and others known and unknown to the Grand Jury, unlawfully and willfully caused and aided, abetted, counseled, commanded, induced, and procured the malicious damaging and destroying, by means of fire and an explosive, of a vehicle used in interstate commerce
and used in activities affecting interstate commerce, namely, a 1989 Ford truck bearing
Oregon license number PWV 249, at Jefferson Poplar Farms, 79114 Collins Road,
Clatskanie, Columbia County, Oregon; all in violation of Title 18, United States Code, Sections 844(i) and 2.
Page 7 -
IPDICTMENT
PRGE .07
PAGE 10
COUNT 15
On or about May 21, 2001, at Clatskanie, Columbia County; in the District of Oregon, defendant DANIEL GERARD McGOWAN, also known as "Sorrell", and others known and unknown to the Grand Jury, unlawfully and willfully caused and aided, abetted, counseled, commanded, induced, and procured the malicious damaging and destroying, by means of fire and an explosive, of a building and other real and personal property used in interstate commerce and used in activities affecting interstate commerce, namely, a shop and office building and its contents located at Jefferson Poplar Farms, 79174 Collins Road, Clatskanie, Columbia County, Oregon; all in violation of Title 18, United States Code, Sections 844(i) and 2.
COUNT 16
known and unknown to the Grand Jury, unlawfully and willfully caused and aided,
abetted, counseled, commanded, induced, and procured the malicious damaging and
Oregon license number VHQ 660, located at Jefferson Poplar Farms, 791 14 Collins
Road, Clatskanie, Columbia County, Oregon; all in violation of Title 18, United States
Page 8
INDICTMENT
PAGE. 10
PAGE
11
Dated this
kt
rr,
day of November. 2005.
A TRUE BILL.
Presented by:
KARIN J. IMMERGUT United States Attorney District of Oregon
J JL H L
Attorney
Page 9 -
INDICTMENT
nFT G ? ~ F I S 15: 17 I 7
Magistrate Case Number: Defendant's Name: Age: Title: Citizen of: Arrest Warrant Issued:
flc 6D r~dfl
(Last)
b te I
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6
(M.I.)
(First)
Removal Proceeding:-Yes
-No
Other District:
Y ~ Q O ~
Name of Interpreter used today: Arraignment on complaint held:J ~ e s Detention Hearing Held: No DatetTime:
,L
i;t,";.+
POD Entered:~ O O
Temporary Order of Detention Entered:(a) Preliminary Hearing set for: (b) Removal Hearing set for: (c) Status Conference set for: ASSISTANT u.s. ATTORNEY: DEFENSE COUNSEL'S NAME: Address: Bar Code: Telephone Number:( ESR Tape #:
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Norkin
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RET:
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Complaint/Affidavit/Indictmentu n s e a 1 e d : Y e s N
SO ORDERED ON THIS
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EASTERN
DISTRICT OF
NEW YORK
v.
Defendant
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, it
is ORDERED that a
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Date
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Time
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Pending this hearing, the defendant shall be held in custody by (the United States marshal) (
Date
*If not held lrnmedlately upon defendant's flrst appearance, the hearlng may be contlnue the Government,or up to five "-7 ,v days upon motton of the defendant 18 U S C 93142(f)(2) wheneverthecond~t~onssetforth 18U S C 53142(f)are . ~n present Subsection (1)setsforth t h e ~ r o ' ~ i i " d ~ t h i t m a ~ b 8 L s e r t e d o n l ~ Aheartnq lsrequ~red .. bythe attorney forthe Government;subsection (2) states that a hearing is mandatedupon the motion of the attorneyfor the Government or upon the judicial officer'sown motionif thereis aseriousrisk t h e defendant (a)will flee or (b)willobstruct or attempt to obstructjustice, or threaten, injure,or intimidate, or attempt to threaten, injure, or intimidate a prospective witness or juror.
-L'"
DEFENDANT
PLEASE NOTICE, that I have been retained by above name defendant. I was admitted to practice is this District on
14/10
Y
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BAR CODE*"
& / 1 ~( r ~ b
J J II
OFFICE ADDRESS
TIME:
05-1520M
,
051 t 0 3
DEFENDANT'S NAME :
Daniel Gerard McGowan J -Not Present -Present Martin Stolar -Federal Defender
-CJA
-Custody 4
I
-Bail
DEFENSE COUNSEL :
Retained
A.U.S.A
Walter Norkin
Felix Chin
INTERPRETER :
DL
Hearing held.
- Defendant was advised of bond conditions by the Court and signed the bond.
-Surety (ies) were sworn and advised of bond obligations by the Court and signed the bond.
- Additional surety (ies) to co-signed bond by
- At this time, defense counsel states on the record that the defendant does not have a bail
application / package. Order of detention entered with leave to reapply to a Magistrate or to the District Court Judge to whom the case will be assigned. Order of Excludable Delay entered. Code Type Start Start Stop
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before J u d ~ e
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EASTERN
UNITED STATES OF AMERICA V.
DISTRICT OF
N E W YORK
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arrested in this District and taken before a United States Magistrate Judge who informed me of the charge and of my right to:
(1) retain counsel or request the assignment of counsel if I am unable to retain counsel, (2) request transfer of the proceedings to this district pursuant to Rule 20, Fed. R. Crim. P., in order to plead guilty, ( 3 ) an identity hearing to determine if I am the person named in the charge, and (4) a preliminary examination (unless an indictment has been returned or an information filed) to determine whether there is probable cause to believe an offense has been committed by me, th6hearing to be held either in this district or the district df prosecution.
(
( (
) preliminary examination
.......
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identity hearing and have been informed 1 have no right to a prelilninary exa*ml
) identity hearing but request a preliminary examination be held in the prosecuting district
. . . . . . .*.- . i . - "4 ..
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and, therefore, consent to the issuance of an order requiring my appearance in the prosecuting district where the charge is pending against me.
Defendant
'S A 0 94
I
District of
UNITED STATES OF AMERICA
COMMITMENT TO ANOTHER
DOCKET NUMBER
District of Arrest
District of Offense
(
- leharging a violation of
( R OFA,QW-A~~
1J
U.S.C.
f
District of Offense
CHARGES GAINST THE DEFENDANT ARE BASED UPON AN dndictment 13 Information 0 Complaint
d? yq
04
W~OVI
u
I
CURRENT BOND STATUS: Bail fixed at and conditions were not met
17 Government moved for detention and defendant detained after hearing in District of Arrest
0 Government moved for detention and defendant detained pending detention hearing in District of Offense I7 Other (specify)
Representation: d~etained Own Counsel Federal Defender Organization
I7 CJA Attorney
None
llnterpreter Required?
NO
I7 Yes
RETURN
This commitment was received and executed as follows:
DATE COMMlTMENT ORDER RECEIVED
PLACE O F COMMITMENT
I
DATE