17-CR-00585-GMS
DOCKET

Cases

Please consider:"
FUNDING!
United States of America
Plaintiff,
v.
Thomas Mario Costanzo
A.K.A. "Morpheus Titania"
and
Peter Nathan Steinmetz
A.K.A. "Amedio"
Defendants
Legal Reference
Material

News Articles

  # NOTE: Within the Description field you may find some Underlined items. These are links, generally to attachements or other pages.
For Example: Document Number 014 has an attachment within the description.
Date Filed # Docket Text
04/20/2017 000 Arrest of Thomas Mario Costanzo on 4/20/2017. (CIS) [2:17-mj-09153-ESW] (Entered: 04/21/2017)
04/21/2017 001 COMPLAINT as to Thomas Mario Costanzo. (CIS) [2:17-mj-09153-ESW] (Entered: 04/21/2017)
04/21/2017 003 MINUTE ENTRY for proceedings held before Magistrate Judge Eileen S Willett: Initial Appearance as to Thomas Mario Costanzo held on 4/21/2017. FINANCIAL AFFIDAVIT TAKEN. Appointing AFPD Maria Teresa Weidner. Request by defense counsel to have the defendant screen for possible Crossroads placement. Request GRANTED. Pretrial Services is directed to have the defendant screened. This Court has not made a determination regarding release. Defendant temporarily detained. Appearances: AUSA Melissa Karlen for Carolina Escalante Konti and Matthew Binford for the Government, AFPD Maria Weidner for defendant. Defendant is present and in custody. Detention Hearing and Status Hearing re: Preliminary Hearing set for 4/27/2017 at 10:30 AM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. (Recorded by COURTSMART in Courtroom 302.) Hearings held 3:15 PM to 3:19 PM and 3:30 PM to 3:36 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMH) [2:17-mj-09153-ESW] (Entered: 04/24/2017)
04/21/2017 TRN COURT TRANSCRIPT
04/25/2017 005 INDICTMENT as to Thomas Mario Costanzo (1) count(s) 1 and forfeiture allegations. Arraignment set for 4/27/2017 at 10:30 AM in Courtroom 302, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. (SLQ) (Entered: 04/26/2017)
04/25/2017 006 DOJ CONFLICT MEMO. No probable conflict re Magistrate Judge John Z Boyle. No probable conflict re Judge Diane J Humetewa. No probable conflict re Judge Steven P Logan. No probable conflict re Judge John J Tuchi. Filed by USA as to Thomas Mario Costanzo. (SLQ) (Entered: 04/26/2017)
04/27/2017 010 NOTICE OF AUTHORITY by USA as to Thomas Mario Costanzo. (Binford, Matthew) (Entered: 04/27/2017)
04/27/2017 011 NOTICE of Discovery Request by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 04/27/2017)
04/27/2017 012 MINUTE ENTRY for proceedings held before Magistrate Judge Michelle H Burns: Detention Hearing as to Thomas Mario Costanzo held on 4/27/2017. Counsel argue to the Court. Defendant continued detained pending trial. Arraignment held. Defendant enters plea of NOT guilty to all pending counts. Appearances: AUSA Carolina Escalante and Matthew Binford for the Government, AFPD Maria Weidner for defendant. Defendant is present and in custody. Motions due in 21 days. Jury Trial set for 6/6/2017 at 09:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. (Recorded by COURTSMART.) Hearing held 10:34 am to 10:55 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJF) (Entered: 04/28/2017)
04/27/2017 TRN COURT TRANSCRIPT
04/28/2017 013 ORDER OF DETENTION as to Thomas Mario Costanzo. Signed by Magistrate Judge Michelle H. Burns on 04/28/2017.(ESL) (Entered: 04/28/2017)
05/18/2017 014 First MOTION to Continue Trial and Extend Time to File Pretrial Motions by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Weidner, Maria) (Entered: 05/18/2017)
05/19/2017 015 ORDER granting the 14 Motion to Continue Trial and Extend Time to File Pretrial Motions filed as to Thomas Mario Costanzo (1). Jury Trial is continued from 6/6/2017 to 8/1/2017 at 9:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Motions due by 7/7/2017. Signed by Judge Diane J Humetewa on 5/19/2017.(LFIG) (Entered: 05/19/2017)
06/20/2017 018 FIRST SUPERSEDING INDICTMENT as to Thomas Mario Costanzo (1) count(s) 1s, 2s, 3s-7s, 8s, Peter Nathan Steinmetz (2) count(s) 1, 2. (Forfeiture Allegations) (MAP) (Entered: 06/21/2017)
06/20/2017 020 DOJ CONFLICT MEMO. No probable conflict re Magistrate Judge John Z Boyle. No probable conflict re Judge Diane J Humetewa. No probable conflict re Judge Steven P Logan. No probable conflict re Judge John J Tuchi. Filed by USA as to Thomas Mario Costanzo, Peter Nathan Steinmetz. (MAP) (Entered: 06/21/2017)
06/22/2017 000 Arrest of Peter Nathan Steinmetz on 6/22/2017. (MAP) (Entered: 06/26/2017)
06/23/2017 024 MINUTE ENTRY for proceedings held before Magistrate Judge John Z Boyle: Initial Appearance as to Peter Nathan Steinmetz held on 6/23/2017. Arraignment as to Peter Nathan Steinmetz held on 6/23/2017. Defendant enters plea of NOT guilty to all pending counts. Pretrail Motions due by 7/7/2017. Jury Trial set for 8/1/2017 at 09:00 AM before Judge Diane J Humetewa. Detention Hearing Held. Defendant ordered released on own ecognizance with conditions. ORDERED granting Government's motion to unseal. LATER: Defense counsel ORDERED to file a Notice of Appearance. (Recorded by COURTSMART.) Hearing held 3:20 PM to 3:59 PM. (MAP) (Entered: 06/26/2017)
06/23/2017 TRN COURT TRANSCRIPT
06/23/2017 025 ORDER Setting Conditions of Release as to Peter Nathan Steinmetz. Signed by Magistrate Judge John Z Boyle on 6/23/17.(MAP) (Entered: 06/26/2017)
06/26/2017 026 Notice Issued as to Thomas Mario Costanzo. Arraignment re First Superseding Indictment set for 6/28/2017 at 10:00 AM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Eileen S Willett. (MAP) (Entered: 06/26/2017)
06/26/2017 027 NOTICE re SURRENDER of Passport as to Peter Nathan Steinmetz. Passport Number 015858128/461580007 issued by USA. Defendant not permitted to apply for passport/passport card during the pendency of this action. (PTS-MG, ) (Entered: 06/26/2017)
06/26/2017 028 NOTICE re SURRENDER of Passport as to Peter Nathan Steinmetz. Passport Number E1373231 issued by USA. Defendant not permitted to apply for passport/passport card during the pendency of this action. (PTS-MG, ) (Entered: 06/26/2017)
06/27/2017 029 ORDER OF RECUSAL: ORDERED that this matter has been reassigned by the Clerk of Court, by random lot, to the Honorable John J. Tuchi, United States District Judge as to Thomas Mario Costanzo, Peter Nathan Steinmetz. All future pleadings and papers submitted for filing shall bear the following complete case number: CR-17-00585-PHX-JJT. Signed by Judge Diane J Humetewa on 6/27/2017. (LFIG) (Entered: 06/27/2017)
06/28/2017 030 MINUTE ENTRY for proceedings held before Magistrate Judge Eileen S. Willett: Arraignment on the Superseding Indictment as to Thomas Mario Costanzo (1) held on 6/28/2017. Defendant enters a plea of NOT guilty to all pending counts and a denial of the forfeiture allegation. The Court AFFIRMS the pretrial motions deadline currently set for 7/7/2017 and RESETS the Jury Trial before Judge John J. Tuchi on 8/1/2017 at 9:00 AM in Courtroom 505 (this is a change as to Judge and courtroom location ONLY). Appearances: AUSA Vincent Kirby on behalf of Matthew Binford for the Government, AFPD Maria Weidner for defendant. Defendant is present and in custody. (Recorded by COURTSMART.) Hearing held 10:07 AM to 10:08 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MRH) (Entered: 06/28/2017)
06/28/2017 TRN COURT TRANSCRIPT
06/30/2017 031 Second MOTION to Continue Trial and Extend Time to File Pretrial Motions by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Weidner, Maria) (Entered: 06/30/2017)
06/30/2017 032 NOTICE of Discovery Request (2nd Request) by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 06/30/2017)
07/06/2017 033 ORDER: IT IS ORDERED granting 31 Defendant's Motion to Continue Trial and Extend Time to File Pretrial Motions filed as to Thomas Mario Costanzo (1). IT IS FURTHER ORDERED continuing the trial from 8/1/2017 to 10/3/2017 at 09:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. IT IS FURTHER ORDERED continuing the pretrial motions deadline until 9/5/2017. Order to Continue Trial applies to the following defendants: Thomas Mario Costanzo (1) and Peter Nathan Steinmetz (2). (See attached Order for additional details). Signed by Judge John J Tuchi on 7/6/17.(JAMA) (Entered: 07/06/2017)
07/06/2017 000 ***Remark as to Peter Nathan Steinmetz re: Pro Hac Motion granted for attorney Brian E Klein on behalf of defendant. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/06/2017)
07/12/2017 034 First MOTION to Modify Conditions of Release and Motion to Travel by Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order)(Stein, Lee) (Entered: 07/12/2017)
07/13/2017 035 ORDER granting Defendant's 34 Motion to Modify Conditions of Release 25 as to Peter Nathan Steinmetz (2). Signed by Magistrate Judge John Z Boyle on 7/13/17. (SMH) (Entered: 07/13/2017)
08/07/2017 037 MOTION for Protective Order and Limited Disclosure of Tax Information by USA as to Thomas Mario Costanzo, Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order Exhibit A)(Binford, Matthew) (Entered: 08/07/2017)
08/07/2017 038 MOTION to Travel by Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order)(Stein, Lee) (Entered: 08/07/2017)
08/14/2017 039 ORDER: IT IS ORDERED granting 38 Defendant's Motion to Travel as to Peter Nathan Steinmetz (2). (See attached Order for complete details and conditions). Signed by Judge John J Tuchi on 8/14/17.(JAMA) (Entered: 08/14/2017)
08/14/2017 040 ORDER as to Thomas Mario Costanzo (1), Peter Nathan Steinmetz (2). The United States' Motion for Limited Disclosure of Tax Information and for Protective Order 37 . This Order will apply to any additional defendants added to the case after its issuance. The defendants and defense counsel shall file an acknowledgment of this Order within 10 days of the date of this Order. (see document for further details). Signed by Judge John J Tuchi on 8/14/2017. (REK) (Entered: 08/14/2017)
08/16/2017 041 EX PARTE MOTION to Withdraw as Attorney as to attorney Brian Klein by Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order)(Klein, Brian) (Entered: 08/16/2017)
08/22/2017 042 ORDER granting 41 Motion to Withdraw as Attorney. Brian E Klein withdrawn from case as to Peter Nathan Steinmetz (2). Signed by Judge John J Tuchi on 8/22/2017. (REK) (Entered: 08/22/2017)
08/23/2017 043 NOTICE of Acknowledgment by Thomas Mario Costanzo re: 40 Order on Motion for Protective Order. (Weidner, Maria) (Entered: 08/23/2017)
08/24/2017 044 NOTICE of Acknowledgment by Peter Nathan Steinmetz re: 40 Order on Motion for Protective Order. (Stein, Lee) (Entered: 08/24/2017)
08/31/2017 045 MOTION to Extend Time to File Pretrial Motions by Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order)(Stein, Lee) (Entered: 08/31/2017)
09/06/2017 046 BILL OF PARTICULARS (First) Regarding Forfeiture by USA as to Thomas Mario Costanzo, Peter Nathan Steinmetz. (Wenker, Mark) (Entered: 09/06/2017)
09/08/2017 047 ORDER: IT IS ORDERED granting 45 Defendant's Motion to Continue Trial and Extend Time to File Pretrial Motions filed as to Peter Nathan Steinmetz (2). IT IS FURTHER ORDERED continuing the trial from 10/3/2017 to 12/5/2017 at 9:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. IT IS FURTHER ORDERED continuing the pretrial motions deadline until 11/6/2017. Order to Continue Trial applies to the following defendants: Thomas Mario Costanzo (1) and Peter Nathan Steinmetz (2). (See attached Order for additional details). Signed by Judge John J Tuchi on 9/8/17.(JAMA) (Entered: 09/08/2017)
10/12/2017 048 MOTION to Modify Conditions of Release , MOTION to Travel by Peter Nathan Steinmetz. (Attachments: # 1 Exhibit 1-3, # 2 Text of Proposed Order)(Stein, Lee) (Entered: 10/12/2017)
10/13/2017 000 NOTICE OF REQUEST FOR E-NOTICES by Daniel Kaplan. (Kaplan, Daniel) (Entered: 10/13/2017)
10/13/2017 049 ORDER: IT IS ORDERED granting 48 Defendant's Motion for Permission to Travel and for Modification of Conditions of Release as to Peter Nathan Steinmetz (2). (See attached Order for complete details and restrictions). Signed by Judge John J Tuchi on 10/13/17.(JAMA) (Entered: 10/13/2017)
10/27/2017 050 MOTION to Dismiss Counts: Count(s) Count I Failure to Allege an Overt Act by Peter Nathan Steinmetz. (Stein, Lee) (Entered: 10/27/2017)
10/27/2017 051 MOTION to Dismiss Counts: Count(s) 1 and 2 Pursuant to Fed.R.Crim.P. 12(b)(3)(B)(v) by Peter Nathan Steinmetz. (Attachments: # 1 Exhibit Exhibits 1-9)(Stein, Lee) (Entered: 10/27/2017)
10/30/2017 052 MOTION to Dismiss Counts: Count(s) 1 & 2 of the Indictment by Thomas Mario Costanzo. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Weidner, Maria) (Entered: 10/30/2017)
10/30/2017 053 NOTICE OF ATTORNEY APPEARANCE: Michael Thomas Morrissey appearing for Peter Nathan Steinmetz . (Morrissey, Michael) (Entered: 10/30/2017)
10/30/2017 054 MOTION to Disclose Grand Jury Instructions and Transcripts by Peter Nathan Steinmetz. (Attachments: # 1 Exhibit 1-4)(Stein, Lee) (Entered: 10/30/2017)
10/31/2017 055 MOTION to Dismiss Counts: Count(s) 1 & 2 of the First Superseding Indictment for Failure to State an Offense by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Weidner, Maria) (Entered: 10/31/2017)
11/01/2017 056 ORDER as to Thomas Mario Costanzo, Peter Nathan Steinmetz - IT IS ORDERED this case be reassigned, by lot, to another judge in the District of Arizona. IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable G. Murray Snow. All future pleadings and papers submitted for filing shall bear the following complete case number: CR-17-00585-PHX-GMS. Pending: (Motion to Dismiss (Doc. 50 ), Motion to Dismiss (Doc. 51 ), Motion to Dismiss (Doc. 52 ) and Motion to Disclose Grand Jury Instructions and Transcripts (Doc. 54 )). A Jury Trial is currently set for 12/5/2017 and Pretrial Motions Deadline is currently set for 11/6/2017. Signed by Judge John J Tuchi on 10/31/17. (SLQ) (Entered: 11/01/2017)
11/01/2017 057 MOTION for Separate Trial on Counts Peter Nathan Steinmetz (2) Count 1,2 by Peter Nathan Steinmetz. (Stein, Lee) (Entered: 11/01/2017)
11/01/2017 058 MOTION Seeking Relief From Misjoinder, Or, In The Alternative, From Prejudicial Joinder, Both As To Count 8 Of The First Superseding Indictment by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 11/01/2017)
11/01/2017 059 *JOINDER As to Dkt. # 57 by Thomas Mario Costanzo. (Weidner, Maria) *Modified to correct event; attorney noticed on 11/2/2017 (SLQ). (Entered: 11/01/2017)
11/02/2017 060 Second MOTION to Extend Time to File Pretrial Motions by Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order)(Stein, Lee) (Entered: 11/02/2017)
11/02/2017 061 MOTION to Dismiss Counts: Count(s) Portions of Counts 1 & 2 of Indictment Premised on Alleged Violation of 18 U.S.C. §1960(b)(1)(A) by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 11/02/2017)
11/02/2017 062 SUPPLEMENT by Thomas Mario Costanzo 55 MOTION to Dismiss Counts: Count(s) 1 & 2 of the First Superseding Indictment for Failure to State an Offense filed by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 11/02/2017)
11/06/2017 063 MOTION to Dismiss Counts: Count(s) 3, 4, 5, 6 & 7 of the First Superseding Indictment for Outrageous Government Conduct by Thomas Mario Costanzo. (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 11/06/2017)
11/06/2017 064 MOTION for Leave to File Non-Electronic Exhibit (Exhibits D & E re: Defendant's Motion to Dismiss Counts 3,4,5,6 & 7 of the First Superseding Indictment for Outrageous Government Conduct) by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Weidner, Maria) (Entered: 11/06/2017)
11/06/2017 065 MOTION to Suppress Evidence Obtained from the April 20, 2017 Search of Mr. Costanzo's Residence by Thomas Mario Costanzo. (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 11/06/2017)
11/06/2017 066 MOTION to Travel by Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order)(Morrissey, Michael) (Entered: 11/06/2017)
11/06/2017 067 MOTION to Dismiss Counts: Count(s) Count 8 of Indictment Premised on Alleged Violation of 18 U.S.C. § 922(g)(1) by Thomas Mario Costanzo. (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 11/06/2017)
11/07/2017 068 NOTICE OF ATTORNEY APPEARANCE: Gary M. Restaino appearing for USA . (Restaino, Gary) (Entered: 11/07/2017)
11/09/2017 069 ORDER granting 66 Motion for Permission to Travel as to Peter Nathan Steinmetz (2). See order for details. Signed by Judge G Murray Snow on 11/9/2017.(LMR) (Entered: 11/09/2017)
11/13/2017 070 First MOTION to Dismiss Counts: Count(s) 1-2 by USA as to Thomas Mario Costanzo, Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order)(Restaino, Gary) (Entered: 11/13/2017)
11/13/2017 071 JOINDER by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 11/13/2017)
11/14/2017 072 MOTION for Extension of Time to File Response/Reply re: 63 MOTION to Dismiss Counts: Count(s) 3, 4, 5, 6 & 7 of the First Superseding Indictment for Outrageous Government Conduct , 71 Joinder, 65 MOTION to Suppress Evidence Obtained from the April 20, 2017 Search of Mr. Costanzo's Residence, 67 MOTION to Dismiss Counts: Count(s) Count 8 of Indictment Premised on Alleged Violation of 18 U.S.C. § 922(g)(1) by USA as to Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Restaino, Gary) (Entered: 11/14/2017)
11/15/2017 073 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 58 MOTION Seeking Relief From Misjoinder, Or, In The Alternative, From Prejudicial Joinder, Both As To Count 8 Of The First Superseding Indictment . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Restaino, Gary) (Entered: 11/15/2017)
11/21/2017 074 ORDER granting 70 Motion to Dismiss as to Thomas Mario Costanzo (1) Count 1s, 2s and Peter Nathan Steinmetz (2) Count 1, 2 without prejudice to refiling. IT IS FURTHER ORDERED dismissing the forfeiture allegation and dismissing the Superseding Indictment as to Peter Nathan Steinmetz, without prejudice to filing separate charges against Mr. Steinmetz. IT IS FURTHER ORDERED that the government shall remove the lis pendens on the Julie Drive property of Mr. Steinmetz within 7 days of this Order. Signed by Judge G Murray Snow on 11/21/17. (LAD) (Entered: 11/21/2017)
11/22/2017 075 NOTICE as to Pending Motions by USA as to Thomas Mario Costanzo, Peter Nathan Steinmetz. (Restaino, Gary) (Entered: 11/22/2017)
11/22/2017 076 MOTION for Hearing re: Status Conference to Set a Firm Trial Date by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Weidner, Maria) (Entered: 11/22/2017)
12/01/2017 077 ORDER granting 76 Motion for Hearing as to Thomas Mario Costanzo (1). Status Conference is set for 12/4/2017 at 1:30 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Counsel shall bring their calendars so that motion hearing and trial scheduling can be discussed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 12/01/2017)
12/04/2017 078 NOTICE OF ATTORNEY APPEARANCE: Zachary D Cain appearing for Thomas Mario Costanzo . (Cain, Zachary) (Entered: 12/04/2017)
12/04/2017 079 RESPONSE to Motion by USA as to Thomas Mario Costanzo, Peter Nathan Steinmetz re: 63 MOTION to Dismiss Counts: Count(s) 3, 4, 5, 6 & 7 of the First Superseding Indictment for Outrageous Government Conduct . (Attachments: # 1 Exhibit Exhibit A)(Binford, Matthew) (Entered: 12/04/2017)
12/04/2017 080 MOTION for Leave to File Non-Electronic Exhibit by USA as to Thomas Mario Costanzo, Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order)(Binford, Matthew) (Entered: 12/04/2017)
12/04/2017 081 RESPONSE to Motion by USA as to Thomas Mario Costanzo, Peter Nathan Steinmetz re: 54 MOTION to Disclose Grand Jury Instructions and Transcripts . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Restaino, Gary) (Entered: 12/04/2017)
12/04/2017 082 DOCUMENT SEALED - Reference in Docket 109
12/04/2017 084 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 67 MOTION to Dismiss Counts: Count(s) Count 8 of Indictment Premised on Alleged Violation of 18 U.S.C. § 922(g)(1) . (Attachments: # 1 Exhibit 1: Redacted Case Excerpts for CR2014-161388, # 2 Exhibit 2: AZDOC Case Records for Thomas M. Costanzo)(Restaino, Gary) (Entered: 12/04/2017)
12/04/2017 085 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 65 MOTION to Suppress Evidence Obtained from the April 20, 2017 Search of Mr. Costanzo's Residence . (Attachments: # 1 Exhibit A - C)(Escalante, Fernanda) (Entered: 12/04/2017)
12/04/2017 086 MINUTE ENTRY for proceedings held before Judge G Murray Snow: Status Conference as to Thomas Mario Costanzo held on 12/4/2017. IT IS ORDERED finding as moot 52 , 55 and 61 Motions to Dismiss Count(s). FURTHER ORDERED granting 64 and 80 Motions for Leave to File Non-Electronic Exhibit. FURTHER ORDERED granting 72 Motion for Extension of Time to File Response/Reply to 12/4/2017. Defendant waives applicable speedy trial time. Firm trial date and motions hearing to be set by separate order.
Appearances: AUSA Matthew Binford, Gary Restaino and Carolina Escalante for the Government, AFPD Maria Weidner and Zachary Cain for defendant. Defendant is present and in custody (restraint level 2L). (Court Reporter Charlotte Powers.) Hearing held 1:45 PM to 1:57 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 12/05/2017)
12/04/2017 TRN COURT TRANSCRIPT
12/05/2017 087 ORDER as to Thomas Mario Costanzo. Motions due by 2/2/2018. Motion Hearing set for 1/4/2018 at 9:00 AM and Jury Trial reset for 3/20/2018 at 9:00 AM, both in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 12/4/2017.(KFZ) (Entered: 12/05/2017)
12/05/2017 088 ORDER SETTING FINAL PRETRIAL CONFERENCE as to Thomas Mario Costanzo. A Final Pretrial Conference is set for 3/13/2018 at 9:30 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. See attached Order for details. Signed by Judge G Murray Snow on 12/5/2017.(KFZ) (Entered: 12/05/2017)
12/06/2017 089 First MOTION for Extension of Time to File Response/Reply to Government Responses to Pretrial Motions to December 15, 2017 by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Weidner, Maria) (Entered: 12/06/2017)
12/06/2017 090 ORDER granting 89 Motion for Extension of Time to File Replies as to Thomas Mario Costanzo (1) and extending the deadline for the filing of Reply briefs to Government's Responsive filings to 12/15/17. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 12/06/2017)
12/07/2017 091 NOTICE of Filing Non-Electronic Exhibit by Thomas Mario Costanzo re: 63 MOTION to Dismiss Counts: Count(s) 3, 4, 5, 6 & 7 of the First Superseding Indictment for Outrageous Government Conduct . (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 12/07/2017)
12/07/2017 092 NOTICE of Filing Non-Electronic Exhibit by USA as to Thomas Mario Costanzo re: 79 Response to Motion. (Binford, Matthew) (Entered: 12/07/2017)
12/07/2017   Disc - Containing Exhibits D & E, referenced in Defendant's Motion to Dismiss Counts 3, 4, 5 6, & 7 of the First Superseding Indictment for Outrageous Government Contact as to Thomas Mario Costanzo has been received and will be stored in the Phoenix file room. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 12/08/2017)
12/07/2017   Disc - Containing Exhibit A, referenced in the Government's Response to Motion to Dismiss Counts 3, 4, 5, 6, & 7 of the First Superseding Indictment for Outrageous Government Contact as to Thomas Mario Costanzo has been received and will be stored in the Phoenix file room. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 12/08/2017)
12/08/2017 093 NOTICE of Delivery of Non-Electronic Exhibit Pursuant to Order No. 86 by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 12/08/2017)
12/11/2017 094 MOTION Return of Passports and Access Card /Unopposed Motion for Return of Passports and Access Card by Peter Nathan Steinmetz. (Attachments: # 1 Text of Proposed Order)(Morrissey, Michael) (Entered: 12/11/2017)
12/15/2017 095 MOTION for Return of Property/PreTrial Pursuant to Fed.R. Crim.P.41(g) by Thomas Mario Costanzo. (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 12/15/2017)
12/15/2017 096 * REPLY to Response to 58 Motion Seeking Relief from Misjoinder or in the Alternative from Prejudicial Joinder Both as to Count 8 f the Superseding Indictment by Thomas Mario Costanzo. (Attachments: # 1 Exhibit)(Weidner, Maria) * Modified to correct document linkage on 12/15/2017 (LAD). (Entered: 12/15/2017)
12/15/2017 097 REPLY re: 81 Response to Motion (Govt Response to Motion for Grand Jury Material) by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 12/15/2017)
12/15/2017 098 REPLY re: 84 Response to Motion (Govt Response to Motion to Dismiss the Felon in Possession of Ammunition Count) by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 12/15/2017)
12/15/2017 099 REPLY re: 85 Response to Motion (Govt Response to Motion to Suppress Evidence Obtained from the 4/20/17 Search of Mr. Constanzo's Residence) by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 12/15/2017)
12/15/2017 100 REPLY re: 79 Response to Motion (Govt Response to Motion to Dismiss Cts 3-7 for Outrageous Govt Conduct) by Thomas Mario Costanzo. (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 12/15/2017)
12/20/2017 101 ORDER granting 94 Motion as to Peter Nathan Steinmetz (2). IT IS FURTHER ORDERED that Defendant's U.S. Passport Numbers 015858128/461580007 and E1373231, and access card (if in the custody of U.S. Pretrial Services) shall be returned to Peter Nathan Steinmetz. Signed by Judge G Murray Snow on 12/20/17. (LAD) cc: PTS (Entered: 12/20/2017)
12/20/2017 102 DOCUMENT SEALED - Reference in Docket 109
12/29/2017 104 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 95 MOTION for Return of Property/PreTrial Pursuant to Fed.R. Crim.P.41(g) . (Restaino, Gary) (Entered: 12/29/2017)
01/04/2018 105 TRANSCRIPT REQUEST by Thomas Mario Costanzo, Peter Nathan Steinmetz for proceedings held on January 4, 2018, Judge G Murray Snow hearing judge(s). (Stein, Lee) (Entered: 01/04/2018)
01/04/2018 106 NOTICE TO FILER OF DEFICIENCY re: AO435 105 Transcript Request filed by Thomas Mario Costanzo, Peter Nathan Steinmetz. Item 18 - ORDER: (CATEGORY) Multiple categories were checked. Only one category for return should be checked. FOLLOW-UP ACTION REQUIRED: Please refile with the appropriate single box checked under ORIGINAL + 1. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 01/04/2018)
01/04/2018 109 MINUTE ENTRY for proceedings held before Judge G Murray Snow: Motion Hearing as to Thomas Mario Costanzo held on 1/4/2018. Government's Motion to Seal (Doc. 102 ) is GRANTED, and accompanying Motion is granted. Defendant's Motion to Disclose Grand Jury Instructions and Transcripts (Doc. 54 ) is GRANTED. Defendant's Motion for Return of Property Pursuant to Fed. R. Crim. P. 41(g) (Doc. 95 ) is DENIED. Defendant's Motion to Dismiss Count 8 (Doc. 67 ) is GRANTED. Defendant's Motion Seeking Relief from Misjoinder (Doc. 58 ) is DENIED AS MOOT. Defendant's Motion to Dismiss Counts 3, 4, 5, 6 & 7 of the First Superseding Indictment (Doc. 63 ) is DENIED as set forth on the record. Defendant's Motion to Suppress Evidence (Doc. 65 ) is DENIED WITHOUT PREJUDICE as set forth on the record. Government's Motion to Seal (Doc. 82 ) is GRANTED. (Court Reporter Charlotte Powers.) Hearing held 9:05 AM to 10:05 AM. (LAD) (Entered: 01/05/2018)
01/04/2018 TRN COURT TRANSCRIPT
01/05/2018 107 AMENDED TRANSCRIPT REQUEST pursuant to 106 Notice of Deficiency by Thomas Mario Costanzo, Peter Nathan Steinmetz for proceedings held on January 4, 2018, Judge G Murray Snow hearing judge(s). (Stein, Lee) (Entered: 01/05/2018)
01/05/2018 113 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings as to Thomas Mario Costanzo held on 01/04/2018, before Judge G. Murray Snow. (Court Reporter: Charlotte A. Powers). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/26/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/5/2018. (RAP) (Entered: 01/09/2018)
01/08/2018 111 TRANSCRIPT REQUEST by USA as to Thomas Mario Costanzo for proceedings held on 1/4/2018, Judge G Murray Snow hearing judge(s). (Restaino, Gary) (Entered: 01/08/2018)
01/09/2018 112 TRANSCRIPT REQUEST (Motion Hearing) by Thomas Mario Costanzo for proceedings held on January 4, 2018, Judge G Murray Snow hearing judge(s). (Weidner, Maria) (Entered: 01/09/2018)
01/16/2018 114 TRANSCRIPT REQUEST by Terry I. Major as to Thomas Mario Costanzo, Peter Nathan Steinmetz for proceedings held on 4/21/17, 4/27/17, 6/23/17, 6/28/17, 12/4/17, and 1/4/18, Magistrate Judge John Z Boyle, Magistrate Judge Michelle H Burns, Judge G Murray Snow, Magistrate Judge Eileen S Willett hearing judge(s). (RAP) (Entered: 01/16/2018)
01/19/2018 115 MOTION for Bill of Particulars by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 01/19/2018)
01/23/2018 116 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings as to Thomas Mario Costanzo held on 12/04/2017, before Judge G. Murray Snow. (Court Reporter: Charlotte A. Powers). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/13/2018. Redacted Transcript Deadline set for 2/23/2018. Release of Transcript Restriction set for 4/23/2018. (RAP) (Entered: 01/24/2018)
02/01/2018 117 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 115 MOTION for Bill of Particulars . (Binford, Matthew) (Entered: 02/01/2018)
02/22/2018 122 NOTICE of Admissions and Statements by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 02/22/2018)
02/23/2018 123 NOTICE of Intent to Introduce 404b evidence by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 02/23/2018)
02/23/2018 124 NOTICE of Prior Conviction: FRCP 609(b) by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 02/23/2018)
02/26/2018 125 NOTICE OF EXPERT TESTIMONY by USA as to Thomas Mario Costanzo. (Binford, Matthew) (Entered: 02/26/2018)
03/01/2018 126 Joint Statement of the Case by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 03/01/2018)
03/01/2018 127 MOTION in Limine to Preclude an Entrapment Defense by USA as to Thomas Mario Costanzo. (Escalante, Fernanda) (Entered: 03/01/2018)
03/01/2018 128 WITNESS LIST by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 03/01/2018)
03/01/2018 129 Joint Proposed Verdict Form by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 03/01/2018)
03/01/2018 130 Joint Proposed Voir Dire by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 03/01/2018)
03/01/2018 131 Joint Proposed Jury Instructions by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 03/01/2018)
03/01/2018 132 MOTION in Limine to Preclude Evidence and Argument Regarding Defendant's Alleged Political Beliefs by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 03/01/2018)
03/01/2018 133 MOTION in Limine to Preclude Expansion at Trial of Regulatory Bases Asserted by the Government in Dkt. 117, Its Response to the Defense Motion for a Bill of Particulars by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 03/01/2018)
03/01/2018 134 MOTION in Limine to Preclude Digital Evidence for Late Discovery by Thomas Mario Costanzo. (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 03/01/2018)
03/01/2018 135 MOTION in Limine to Preclude Evidence or Argument as to Darknet(s) and/or The Onion Router (Tor) by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 03/01/2018)
03/01/2018 136 NOTICE of Expert Testimony for the Defense by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 03/01/2018)
03/02/2018 137 ORDER denying as moot 115 Motion for Bill of Particulars as to Thomas Mario Costanzo (1), in light of Government's response. Entered by Judge G Murray Snow on 3/2/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 03/02/2018)
03/06/2018 138 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 132 MOTION in Limine to Preclude Evidence and Argument Regarding Defendant's Alleged Political Beliefs . (Restaino, Gary) (Entered: 03/06/2018)
03/06/2018 139 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 133 MOTION in Limine to Preclude Expansion at Trial of Regulatory Bases Asserted by the Government in Dkt. 117, Its Response to the Defense Motion for a Bill of Particulars . (Binford, Matthew) (Entered: 03/06/2018)
03/06/2018 140 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 135 MOTION in Limine to Preclude Evidence or Argument as to Darknet(s) and/or The Onion Router (Tor) . (Binford, Matthew) (Entered: 03/06/2018)
03/06/2018 141 RESPONSE re: 123 Notice (Other) by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 03/06/2018)
03/06/2018 144 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 134 MOTION in Limine to Preclude Digital Evidence for Late Discovery . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Restaino, Gary) (Entered: 03/06/2018)
03/06/2018 145 *RESPONSE in Opposition by Thomas Mario Costanzo as to Thomas Mario Costanzo re: 127 MOTION in Limine to Preclude an Entrapment Defense and re: 125 Notice of Expert Testimony. (Weidner, Maria) *Modified to remove additional "as to" defendant on 3/6/2018 (KAS). (Entered: 03/06/2018)
03/06/2018 146 NOTICE of Entrapment Defense by Thomas Mario Costanzo re: 131 Proposed Jury Instructions. (Weidner, Maria) (Entered: 03/06/2018)
03/07/2018 147 SUPPLEMENT by Thomas Mario Costanzo 125 Notice (Other) filed by USA, 145 Response in Opposition filed by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 03/07/2018)
03/08/2018 148 SUPPLEMENT by Thomas Mario Costanzo 136 Notice (Other) filed by Thomas Mario Costanzo. (Weidner, Maria) (Entered: 03/08/2018)
03/09/2018 151 RESPONSE re: 147 Supplement by USA as to Thomas Mario Costanzo. (Binford, Matthew) (Entered: 03/09/2018)
03/12/2018 152 Additional Attachments to Main Document re: 134 MOTION in Limine to Preclude Digital Evidence for Late Discovery by Thomas Mario Costanzo. (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 03/12/2018)
03/12/2018 153 NOTICE of Filing of Ex. 3 by USA as to Thomas Mario Costanzo re: 144 Response to Motion. (Attachments: Exhibit # 1 Exhibit #2)(Restaino, Gary) (Entered: 03/12/2018)
03/12/2018 154 MEMORANDUM by Thomas Mario Costanzo re: 124 Notice (Other) filed by USA . (Weidner, Maria) (Entered: 03/12/2018)
03/12/2018 155 MEMORANDUM by Thomas Mario Costanzo re: 131 Proposed Jury Instructions filed by USA . (Weidner, Maria) (Entered: 03/12/2018)
03/13/2018 156 NOTICE of Additional Voir Dire Questions Proposed by the Defense by Thomas Mario Costanzo re: 130 Proposed Voir Dire. (Weidner, Maria) (Entered: 03/13/2018)
03/13/2018 157 NOTICE of Non-Objection to Supplemental Voir Dire, and as to Correction to Proposed Verdict Form by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 03/13/2018)
03/13/2018 TRN COURT TRANSCRIPT
03/13/2018 158 MINUTE ENTRY for proceedings held before Judge G Murray Snow: Final Pretrial Conference as to Thomas Mario Costanzo held on 3/13/2018. IT IS ORDERED granting 135 Motion in Limine as set forth on the record; denying with prejudice 127 Motion in Limine; granting in part and denying in part 132 Motion in Limine; granting 133 Motion in Limine; granting without prejudice 134 Motion in Limine as set forth on the record. Any supplemental motion in limine shall be filed by 9:00 AM on 3/19/18; response due by 8:30 AM on 3/20/18. FURTHER ORDERED granting 142 and 149 Motions to Seal Documents. Defendant invokes the Rule of Exclusion of Witnesses. Jury Trial set for 3/20/2018 at 9:00 AM is AFFIRMED.
Appearances: AUSA Matthew Binford, Gary Restaino and Carolina Escalante for the Government, AFPD Maria Weidner and Zachary Cain for defendant. Defendant is present and in custody (restraint level 2L). (Court Reporter Charlotte Powers.) Hearing held 9:39 AM to 10:46 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 03/14/2018)
03/18/2018 162 Supplemental MOTION in Limine to Preclude Evidence by Thomas Mario Costanzo. (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 03/18/2018)
03/19/2018 163 TRANSCRIPT REQUEST (Final Pretrial Conference 3/13/18) by Thomas Mario Costanzo for proceedings held on March 13, 2018, Judge G Murray Snow hearing judge(s). (Weidner, Maria) (Entered: 03/19/2018)
03/19/2018 164 STIPULATION as to Undercover Recordings by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 03/19/2018) Place Holder - # 1To Be Continued!
03/19/2018 165 RESPONSE in Opposition by USA as to Thomas Mario Costanzo re: 162 Supplemental MOTION in Limine to Preclude Evidence . (Attachments: # 1 Exhibit 97, # 2 Exhibit 120, # 3 Exhibit 122)(Restaino, Gary) (Entered: 03/19/2018)
03/20/2018 166 TRANSCRIPT REQUEST of Final Pretrial Conference by USA as to Thomas Mario Costanzo for proceedings held on 3/13/2018, Judge G Murray Snow hearing judge(s). (Restaino, Gary) (Entered: 03/20/2018)
03/20/2018 TRN COURT TRANSCRIPT
03/20/2018 168 MINUTE ENTRY for proceedings held before Judge G Murray Snow: Jury Trial (Day 1) begun on 3/20/2018 as to Thomas Mario Costanzo. The Court grants in part, denies in part and defers in part 162 Motion in Limine. Trial will reconvene on 3/21/2018 at 9:00 AM. (Court Reporter Charlotte Powers.) See attached PDF for complete details. Hearing held 9:05 AM to 4:53 PM.(KFZ) (Entered: 03/21/2018)
03/20/2018 169 TRANSCRIPT REQUEST by Terry I. Major as to Thomas Mario Costanzo for proceedings held on 03/13/2018, Judge G Murray Snow hearing judge(s). (RAP) (Entered: 03/22/2018)
03/21/2018 TRN COURT TRANSCRIPT
03/21/2018 170 MINUTE ENTRY for proceedings held before Judge G Murray Snow: Jury Trial (Day 2) as to Thomas Mario Costanzo held on 3/21/2018. Trial will reconvene on 3/22/2018 at 9:00 AM. (Court Reporter Charlotte Powers.) See attached PDF for complete details. Hearing held 9:07 AM to 5:04 PM.(KFZ) (Entered: 03/22/2018)
03/22/2018 TRN COURT TRANSCRIPT
03/22/2018 171 MINUTE ENTRY for proceedings held before Judge G Murray Snow: Jury Trial (Day 3) as to Thomas Mario Costanzo held on 3/22/2018. Trial will reconvene on 3/27/2018 at 9:00 AM. (Court Reporter Charlotte Powers.) (Defendant in custody/Restraint Level 0). See attached PDF for complete details. Hearing held 9:07 AM to 4:59 PM.(KFZ) (Entered: 03/23/2018)
03/23/2018 172 MOTION for Judicial Notice of March 2017 Reports of the Department of Justice (DOJ) and Internal Revenue Service (IRS) re: Civil Asset Forfeiture Abuses by the Government by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order, # 2 Index, # 3 Exhibit A, # 4 Exhibit B)(Weidner, Maria) (Entered: 03/23/2018)
03/26/2018 173 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 172 MOTION for Judicial Notice of March 2017 Reports of the Department of Justice (DOJ) and Internal Revenue Service (IRS) re: Civil Asset Forfeiture Abuses by the Government . (Restaino, Gary) (Entered: 03/26/2018)
03/26/2018 174 *Proposed Forfeiture Jury Instructions and Special Verdict Form by USA as to Thomas Mario Costanzo. (Restaino, Gary) *Modified on 3/26/2018 to Correct Text (MAP).* (Entered: 03/26/2018)
03/26/2018 175 MOTION in Limine to Preclude Reference to Inspector General Reports by USA as to Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Restaino, Gary) (Entered: 03/26/2018)
03/27/2018 176 MEMORANDUM by Thomas Mario Costanzo Re: Sufficiency of Evidence & Theories of Liability as to Government's Charge that Defendant Violated 18 U.S.C. 1956(a)(3)(C). (Weidner, Maria) (Entered: 03/27/2018)
03/27/2018 177 TRIAL BRIEF by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 03/27/2018)
03/27/2018 178 ORAL Rule 29 Motion for Acquittal on all counts by Thomas Mario Costanzo. (KFZ) (Entered: 03/28/2018)
03/27/2018 TRN COURT TRANSCRIPT
03/27/2018 179 MINUTE ENTRY for proceedings held before Judge G Murray Snow: Jury Trial (Day 4) as to Thomas Mario Costanzo held on 3/27/2018. IT IS ORDERED denying Motion for Judicial Notice 172 and Motion in Limine 175. Defendant's oral Rule 29 motion 178 on all counts is denied as to 18 U.S.C. Section 1956(a)(3)(B). The Court defers ruling on the motion as to 18 U.S.C. Section 1956(a)(3)(C). Trial will reconvene on 3/28/2018 at 9:00 AM. (Court Reporter Charlotte Powers.) (Defendant in custody/Restraint Level 0). See attached PDF for complete details. Hearing held 9:03 AM to 5:01 PM.(KFZ) (Entered: 03/28/2018)
03/28/2018 TRN COURT TRANSCRIPT
03/28/2018 180 MINUTE ENTRY for proceedings held before Judge G Murray Snow: Jury Trial (Day 5) completed as to Thomas Mario Costanzo on 3/28/2018. The Court affirms its denial of defendant's oral Rule 29 motion 178 on all counts as to 18 U.S.C. §1956(a)(3)(B) and GRANTS the motion as to 18 U.S.C. §1956(a)(3)(C) as to Count 1 only. Defendant found guilty as to Counts 3s-7s of the Superseding Indictment. Findings re forfeiture set forth in supplemental verdict form. Sentencing set for 6/11/2018 at 4:00 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. FURTHER ORDERED directing the probation department to prepare a presentence investigation report. Objections to the Presentence Report due 14 days after report submitted. Any motions for departure/variance/sentencing memoranda due 6 business days before sentencing; responses due 3 business days before sentencing. (Court Reporter Charlotte Powers.) (Defendant in custody/Restraint Level 0). See attached PDF for complete details. Hearing held 9:12 AM to 4:39 PM.(KFZ) (Entered: 03/29/2018)
03/28/2018 181 FINAL JURY INSTRUCTIONS as to Thomas Mario Costanzo. (KFZ) (Entered: 03/29/2018)
03/28/2018 182 FINAL SUPPLEMENTAL JURY INSTRUCTIONS as to Thomas Mario Costanzo. (KFZ) (Entered: 03/29/2018)
03/28/2018 183 MINUTE ORDER as to Thomas Mario Costanzo re Certification of Trial Exhibits for Jury Deliberations. (KFZ) (Entered: 03/29/2018)
03/28/2018 184 MINUTE ORDER as to Thomas Mario Costanzo. The exhibits marked are returned to respective counsel. Counsel are directed to retain custody of the exhibits until the case has been completely terminated, including all appeals, pursuant to LRCiv 79.1. (KFZ) (Entered: 03/29/2018)
03/28/2018 185 JOINT WITNESS LIST as to Thomas Mario Costanzo. (KFZ) (Entered: 03/29/2018)
03/28/2018 186 EXHIBIT LIST by USA as to Thomas Mario Costanzo. (KFZ) (Entered: 03/29/2018)
03/28/2018 187 EXHIBIT LIST by Thomas Mario Costanzo. (KFZ) (Entered: 03/29/2018)
03/28/2018 188 REDACTED JURY VERDICT as to Thomas Mario Costanzo. (KFZ) (Entered: 03/30/2018)
03/28/2018 189 REDACTED SUPPLEMENTAL JURY VERDICT on Forfeiture as to Thomas Mario Costanzo. (KFZ) (Entered: 03/30/2018)
03/28/2018 190 Jury Notes/Questions (non-public document) as to Thomas Mario Costanzo. (KFZ) (Entered: 03/30/2018)
04/25/2018 193 TRANSCRIPT REQUEST by Terry I. Major as to Thomas Mario Costanzo for Complete Trial Transcripts of proceedings held on 03/20/2018 through 03/28/2018, Judge G Murray Snow hearing judge(s). (RAP) (Entered: 04/25/2018) Place Holder - # 1To Be Continued!
05/10/2018 195 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME as to Lee David Stein by Peter Nathan Steinmetz. (Stein, Lee) (Entered: 05/10/2018)
05/14/2018 196 First MOTION for Forfeiture of Property by USA as to Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Wenker, Mark) (Entered: 05/14/2018) Place Holder - # 1To Be Continued!
05/16/2018 197 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRAIL - DAY 1 (Pages 1 - 217) proceedings as to Thomas Mario Costanzo held on 03/20/2018, before Judge G. Murray Snow. (Court Reporter: Charlotte A. Powers). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/14/2018. (RAP) (Entered: 05/18/2018)
05/16/2018 198 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRAIL - DAY 2 (Pages 218 - 426) proceedings as to Thomas Mario Costanzo held on 03/21/2018, before Judge G. Murray Snow. (Court Reporter: Charlotte A. Powers). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/14/2018. (RAP) (Entered: 05/18/2018)
05/16/2018 199 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRAIL - DAY 3 (Pages 427 - 645) proceedings as to Thomas Mario Costanzo held on 03/22/2018, before Judge G. Murray Snow. (Court Reporter: Charlotte A. Powers). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/14/2018. (RAP) (Entered: 05/18/2018)
05/16/2018 200 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - Day 4 (Pages 646 - 858) proceedings as to Thomas Mario Costanzo held on 03/27/2018, before Judge G. Murray Snow. (Court Reporter: Charlotte A. Powers). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/14/2018. (RAP) (Entered: 05/18/2018)
05/16/2018 201 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRIAL - Day 5 (Pages 859 - 997) proceedings as to Thomas Mario Costanzo held on 03/28/2018, before Judge G. Murray Snow. (Court Reporter: Charlotte A. Powers). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/14/2018. (RAP) (Entered: 05/18/2018)
05/24/2018 202 First MOTION to Continue Sentencing and, MOTION to Extend Time for Filing Objections to Presentence Resport by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Weidner, Maria) (Entered: 05/24/2018)
05/24/2018 203 ORDER granting 202 Motion to Continue Sentencing/Extend Time to File as to Thomas Mario Costanzo (1). Sentencing RESET from 6/11/2018 to 7/30/2018 at 2:00 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Deadline for filing objections to the Presentence Report, sentencing memoranda, or motions for departure extended to 7/13/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 05/24/2018)
06/13/2018 204 ORDER granting 196 Motion for Forfeiture of Property as to Thomas Mario Costanzo (1). The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e) See Order for further details. Signed by Judge G Murray Snow on 6/13/18.(DXD) (Entered: 06/13/2018)
06/28/2018 205 MOTION for Miscellaneous Relief, OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Thomas Mario Costanzo. (Weidner, Maria) *Modified to add objection on 6/29/2018 (DXD). (Entered: 06/28/2018)
07/05/2018 208 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Thomas Mario Costanzo (Objection to the Offense Level Calculation Set Forth in the Draft Presentence Investigation Report). (Attachments: # 1 Exhibit)(Weidner, Maria) (Entered: 07/05/2018)
07/05/2018 211 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by Thomas Mario Costanzo (Objections to Information Presented in Draft PSR). (Weidner, Maria) (Entered: 07/05/2018)
07/09/2018 214 RESPONSE to Motion by USA as to Thomas Mario Costanzo re: 205 MOTION for Miscellaneous Relief . (Attachments: # 1 Exhibit 1)(Restaino, Gary) (Entered: 07/09/2018)
07/09/2018 215 First MOTION to Extend Time to File Defendant's Sentencing Memorandum by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Weidner, Maria) (Entered: 07/09/2018)
07/09/2018 216 AMENDED First MOTION to Extend Time to File File Defendant's Sentencing Memoranum by Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Weidner, Maria) (Entered: 07/09/2018)
07/09/2018 217 MOTION for Extension of Time to File Sentencing Memorandum by USA as to Thomas Mario Costanzo. (Attachments: # 1 Text of Proposed Order)(Binford, Matthew) (Entered: 07/09/2018)
07/12/2018 218 ORDER granting 216 and 217 Motions to Extend Time as to Thomas Mario Costanzo (1). The parties' deadline for filing Sentencing Memoranda is extended from 7/13/2018 to 7/20/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 07/12/2018)
07/16/2018 219 RESPONSE re: 208 Objection to Presentence Investigation Report, 211 Objection to Presentence Investigation Report by USA as to Thomas Mario Costanzo. (Binford, Matthew) (Entered: 07/16/2018)
07/18/2018 222 NOTICE of Publication by USA as to Thomas Mario Costanzo. (Attachments: # 1 Supplement Declaration of Publication, Notice of Forfeiture, Advertisement Certification Report)(Wenker, Mark) (Entered: 07/18/2018)
07/20/2018 223 SENTENCING MEMORANDUM by USA as to Thomas Mario Costanzo. (Restaino, Gary) (Entered: 07/20/2018)
07/20/2018 224 MOTION for Departure or Variance and Sentencing Memorandum by Thomas Mario Costanzo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Weidner, Maria) (Entered: 07/20/2018)
07/30/2018 TRN COURT TRANSCRIPT
 
00/00/0000 000 Place Holder - # 1To Be Continued!
17-CR-00585-GMS
DOCKET