Perelman

U.S. District Court
Northern District of Ohio (Cleveland)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00195-CAB-1


Case title: United States of America v. Harvanek

Date Filed: 04/03/2007
Date Terminated: 08/08/2008

Assigned to: Judge Christopher A. Boyko

Defendant (1)
Scott D. Harvanek
TERMINATED: 08/08/2008
represented byFederal Public Defender
Office of the Federal Public Defender - Cleveland
Northern District of Ohio
750 Skylight Office Tower
1660 West Second Street
Cleveland, OH 44113
216-522-4856
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Edwin J. Vargas
4403 St. Clair Avenue
Cleveland, OH 44103
216-539-1236
Fax: 216-803-9919
Email: edvargas1@ameritech.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 Conpiracy to Defraud the United States
(1)
Defendant sentenced to 3 years Probation. Defendant shall pay a fine of $2,000.00. Special assessment of $200 due immediately and payable to Clerk, U.S. District Court. Defendant shall perform 100 hours of Community Service. Defendant shall participate in the Home Confinement with Electronic Monitoring program for 4 months to begin not later than 30 days from the date of this Judgment. Defendant shall pay the cost of Electronic Monitoring.
18:2319 (d) (2) and 17:506 (a) (1) (C) Criminal Infringement of Copyright; Copyright Infringement
(2)
Defendant sentenced to 3 years Probation. Defendant shall pay a fine of $2,000.00. Special assessment of $200 due immediately and payable to Clerk, U.S. District Court. Defendant shall perform 100 hours of Community Service. Defendant shall participate in the Home Confinement with Electronic Monitoring program for 4 months to begin not later than 30 days from the date of this Judgment. Defendant shall pay the cost of Electronic Monitoring.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
United States of America represented byRobert W. Kern
Office of the U.S. Attorney - Cleveland
Northern District of Ohio
Ste. 400
801 Superior Avenue, W
Cleveland, OH 44113
216-622-3836
Fax: 216-522-2403
Email: robert.kern@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tyler G. Newby
U.S. Department of Justice - Computer Crimes & Intellectual
Ste. 600
1301 New York Avenue
Washington, DC 20005
202-305-9337
Fax: 202-514-6113
Email: tyler.newby@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #clearDocket Text
04/03/20071  Information filed by USA as to Scott D. Harvanek (1) count(s) 1, 2. (Attachments: # 1 Proposed Waiver of Indictment# 2 Designation Form) (B,B) (Entered: 04/03/2007)
04/03/2007   Random Assignment of Magistrate Judge pursuant to Local Criminal Rule 57.9. In the event of a referral, case will be assigned to Magistrate Judge David S. Perelman. (B,B) (Entered: 04/03/2007)
04/05/20072  Notice of Hearing as to Scott D. Harvanek Arraignment and Change of Plea Hearing set for 4/30/2007 03:00 PM in Courtroom 15B before Hon. Christopher A. Boyko. (R,D) (Entered: 04/05/2007)
04/19/20073  Notice of Appearance of Attorney Tyler G. Newby appearing for USA. (B,B) (Entered: 04/19/2007)
04/30/20074  Waiver of Indictment by Scott D. Harvanek (R,D) (Entered: 04/30/2007)
04/30/2007   Minutes of proceedings [non document] before Judge Christopher A. Boyko. Attorney Edwin Vargas appeared for Defendant, Tyler Newby and Robert Kern for Government. Waiver of indictment executed. Arraignment as to Scott D. Harvanek (1) on Count(s) 1 and 2 held on 4/30/2007, Change of Plea Hearing as to Scott D. Harvanek held on 4/30/2007 with referral to Probation for preparation of a Presentence Investigation Report. Guilty Plea entered by Scott D. Harvanek (1) as to Counts 1 and 2. Plea agreement executed between parties. Sentencing set for 7/23/2007 11:00 AM in Courtroom 15B before Hon. Christopher A. Boyko. (Court Reporter Shirle Perkins) (R,D) (Entered: 04/30/2007)
04/30/20075  Plea Agreement as to Scott D. Harvanek (R,D) (Entered: 04/30/2007)
04/30/20076  unsecured Bond Entered as to Scott D. Harvanek in amount of $ 20,000, (R,D) (Entered: 04/30/2007)
04/30/20077  Order Setting Conditions of Release as to Scott D. Harvanek (1) $20,000 unsecured Signed by Judge Christopher A. Boyko on 04/30/2007. (R,D) (Entered: 04/30/2007)
04/30/20078  Receipt for Passport of Scott Harvanek received on 4/30/2007, Receipt Number 352947 (B,B) (Entered: 05/01/2007)
06/01/20079  Motion to Continue Sentencing Hearing for 60 days by United States of America as to Scott D. Harvanek. (Kern, Robert) (Entered: 06/01/2007)
06/04/2007   Order [non document]granting 9 Motion to Continue as to Scott D. Harvanek (1)Sentencing set for 9/25/2007 10:00 AM in Courtroom 15B before Hon. Christopher A. Boyko.Entered on behalf of Judge Christopher A. Boyko on 06/04/2007. (R,D) (Entered: 06/04/2007)
06/13/200710  Motion to Travel by Scott D. Harvanek. (Attachments: # 1 Exhibit Cover# 2 Exhibit page 2# 3 Exhibit Page 3# 4 Exhibit Page 4# 5 Exhibit Page5# 6 Exhibit tickets)(Vargas, Edwin) (Entered: 06/13/2007)
06/18/2007   Order [non document]granting 10 Motion to Travel as to Scott D. Harvanek (1) Entered on behalf of Judge Christopher A. Boyko on 06/18/2007. (R,D) (Entered: 06/18/2007)
08/06/200711  Motion to Travel by Scott D. Harvanek. (Vargas, Edwin) (Entered: 08/06/2007)
08/06/200712  Response by United States of America to Motion to Travel 11 as to Scott D. Harvanek (Kern, Robert) (Entered: 08/06/2007)
08/08/2007   Order [non document] granting 11 Defendant's Motion to Travel as to Scott D. Harvanek (1) Entered by Judge Christopher A. Boyko on 08/07/07. (M,M) (Entered: 08/08/2007)
08/30/200713  Joint Motion to Continue Sentencing Hearing by United States of America as to Scott D. Harvanek. (Kern, Robert) (Entered: 08/30/2007)
09/04/2007   Order [non document]granting 13 Motion to Continue as to Scott D. Harvanek (1)Sentencing set for 12/20/2007 11:00 AM in Courtroom 15B before Hon. Christopher A. Boyko. Entered on behalf of Judge Christopher A. Boyko on 09/04/2007. (R,D) (Entered: 09/04/2007)
11/26/200714  Unopposed Motion to Continue Sentencing Hearing by United States of America as to Scott D. Harvanek. (Kern, Robert) (Entered: 11/26/2007)
11/27/2007   Order [non document]granting 14 Motion to Continue as to Scott D. Harvanek (1) Sentencing set for 2/28/2008 11:00 AM in Courtroom 15B before Judge Christopher A. Boyko.. Entered on behalf of Judge Christopher A. Boyko on 11/27/2007. (R,D) (Entered: 11/27/2007)
02/20/200815  Unopposed Motion to Continue Sentencing Hearing by United States of America as to Scott D. Harvanek. (Kern, Robert) (Entered: 02/20/2008)
02/20/2008   Order [non document]granting 15 Motion to Continue as to Scott D. Harvanek (1) Sentencing set for 5/28/2008 11:00 AM in Courtroom 15B before Judge Christopher A. Boyko.. Entered on behalf of Judge Christopher A. Boyko on 02/20/2008. (R,D) (Entered: 02/20/2008)
05/16/200816  Motion to Travel by Scott D. Harvanek. (Vargas, Edwin) (Entered: 05/16/2008)
05/16/2008   Order [non-document] granting 16 Motion to Travel as to Scott D. Harvanek (1).Entered on behalf of Judge Christopher A. Boyko on 5/16/2008. (R,D) (Entered: 05/16/2008)
05/18/200817  Unopposed Motion to Continue Sentencing by Scott D. Harvanek. (Vargas, Edwin) (Entered: 05/18/2008)
05/19/2008   Order [non-document] granting 17 Motion to Continue as to Scott D. Harvanek (1) Sentencing set for 8/5/2008 02:00 AM in Courtroom 15B before Judge Christopher A. Boyko.. Entered on behalf of Judge Christopher A. Boyko on 5/19/2008. (R,D) (Entered: 05/19/2008)
07/21/200818   5K Motion downward departure for Substantial Assistance Provided to Law Enforcement by United States of America as to Scott D. Harvanek. (Kern, Robert) Modified text on 7/22/2008 (B,B). (Entered: 07/21/2008)
07/29/200819  Sentencing Memorandum by United States of America as to Scott D. Harvanek (Kern, Robert) (Entered: 07/29/2008)
07/30/200820  Sentencing Memorandum by Scott D. Harvanek (Attachments: # 1 Exhibit Letter Exhibits, # 2 Exhibit Hairston Case)(Vargas, Edwin) (Entered: 07/30/2008)
08/05/2008   Minutes of proceedings [non document] before Judge Christopher A. Boyko. Sentencing held on 8/5/2008 for Scott D. Harvanek (1), Count(s) 1, 2. Defendant sentenced to 3 years Probation. Defendant shall pay a fine of $2,000.00. Special assessment of $200 due immediately and payable to Clerk, U.S. District Court. Defendant shall perform 100 hours of Community Service. Defendant shall participate in the Home Confinement with Electronic Monitoring program for 4 months to begin not later than 30 days from the date of this Judgment. Defendant shall pay the cost of Electronic Monitoring. (Court Reporter George Staiduhar) (M,M) (Entered: 08/05/2008)
08/05/2008   Order (non document) Appointing Federal Public Defender for purposes of appeal as to Scott D. Harvanek. Judge Christopher A. Boyko on 08/05/08. (M,M) (Entered: 08/05/2008)
08/08/200821  Judgment as to Scott D. Harvanek (1), Count(s) 1, 2. Defendant sentenced to 3 years Probation. Defendant shall pay a fine of $2,000.00. Special assessment of $200 due immediately and payable to Clerk, U.S. District Court. Defendant shall perform 100 hours of Community Service. Defendant shall participate in the Home Confinement with Electronic Monitoring program for 4 months to begin not later than 30 days from the date of Sentencing. Defendant shall pay the cost of Electronic Monitoring. Judge Christopher A. Boyko on 08/08/08. (M,M) (Entered: 08/11/2008)
02/05/200922  Passport of Scott Harvanek returned to State Department on 2/5/09. (I,AN) (Entered: 02/19/2009)
01/13/201023  Motion for Early Termination of Probation by Scott D. Harvanek. (Attachments: # 1 Exhibit)(Vargas, Edwin) Modified on 1/15/2010 (B,TM). (Entered: 01/13/2010)
01/15/2010   Order [non-document]. Without objection from the Government and Probation, the Court grants Defendant's Motion for Early Termination of Probation as to Scott D. Harvanek (1), Related 23 . Judge Christopher A. Boyko on 01/15/10. (M,M) (Entered: 01/15/2010)


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