USA v. DECARLO et al

Criminal Case District Of Columbia District Court, Case No. 1:21-cr-00073-BAH-1
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Parties
United States of America United States of America, Plaintiff
Officially listed as "USA"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jason Bradley Adam McCullough +1 202 252 7233 jason.mccullough2@usdoj.gov
Space Carolyn J. Jackson +1 202 252 7078 carolyn.jackson@usdoj.gov

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space James Pearce +1 202 532 4991 +1 202 305 2121 james.pearce@usdoj.gov
v.
No Logo NICHOLAS DECARLO, Defendant

Represented by Robert Feitel, PLLC

Name Phone Fax E-Mail
Space Robert A. Feitel +1 202 255 6637 +1 202 255 6637 rf@rfeitellaw.com

Note: Criminal cases with multiple defendants may have several records with the same case number: one record for the master file (all defendants), as well as one record per defendant. It can often be difficult to tell which record is which. Other likely matches for this case include:

Attributes
Office Washington, DC
Filed 2/3/2021
County 11001
Terminated
Reopened
Magistrate Case
121-mj-00120-ZMF
Count 1
Citation Section 18 U.S.C. § 371.F
Offense Level 4
Count 2
Citation Section 18 U.S.C. § 1512C.F
Offense Level 4
Count 3
Citation Section 18 U.S.C. § 1361.F
Offense Level 4
Count 4
Citation Section 18 U.S.C. § 641.F
Offense Level 4
Count 5
Citation Section 18 U.S.C. § 1752.P
Offense Level 1
Count 6
Citation Section 18 U.S.C. § 1752.P
Offense Level 1
Count 7
Citation Section 18 U.S.C. § 1752.P
Offense Level 1
Count 1s
Citation Section 18 U.S.C. § 371.F
Offense Level 4
18371, 1512(c)(2); CONSPIRACY TO DEFRAUD THE UNITED STATES; Conspiracy.
Count 2s
Citation Section 18 U.S.C. § 1512C.F
Offense Level 4
181512(c)(2) and 2; TAMPERING WITH A WITNESS, VICTIM OR INFORMANT; Obstruction of an Official Proceeding and Aiding and Abetting.
Count 3s
Citation Section 18 U.S.C. § 1361.F
Offense Level 4
181361 and 2; GOVERNMENT PROPERTY OR CONTRACTS (>1000); Destruction of Government Property and Aiding and Abetting.
Count 4s
Citation Section 18 U.S.C. § 641.F
Offense Level 4
18641, and 2; PUBLIC MONEY, PROPERTY OR RECORDS; Theft of Government Property and Aiding and Abetting.
Count 5s
Citation Section 18 U.S.C. § 1752.P
Offense Level 1
181752(a)(1); TEMPORARY RESIDENCE OF THE PRESIDENT; Restricted Building or Grounds.
Count 6s
Citation Section 18 U.S.C. § 1752.P
Offense Level 1
181752(a)(2); TEMPORARY RESIDENCE OF THE PRESIDENT; Disorderly and Disruptive Conduct in a Restricted Buildings or Grounds.
Count 1ss
Citation Section 18 U.S.C. § 372.F
Offense Level 4
18372; CONSPIRE TO IMPEDE OR INJURE OFFICER; Conspiracy to Prevent an Officer from Discharging Any Duties
Count 2ss
Citation Section 18 U.S.C. § 111.F
Offense Level 4
18111(a)(1); ASSAULTING/RESISTING/IMPEDING OFFICERS/EMPLOYEES; Assaulting, Resisting, or Impeding Certain Officers
Count 3ss
Citation Section 18 U.S.C. § 111.F
Offense Level 4
18111(a)(1) and (b), and 2; ASSAULTING/RESISTING/IMPEDING OFFICERS/EMPLOYEES; Assaulting, Resisting, or Impeding Certain Officers
Count 4ss
Citation Section 18 U.S.C. § 231.F
Offense Level 4
18231(a)(3) and 2; CIVIL DISORDER; Civil Disorder and Aiding and Abetting
Count 5ss
Citation Section 18 U.S.C. § 1361.F
Offense Level 4
181361 and 2; GOVERNMENT PROPERTY OR CONTRACTS (>1000); Destruction of Government Property
Count 6ss
Citation Section 18 U.S.C. § 641.F
Offense Level 4
18641 and 2; PUBLIC MONEY, PROPERTY OR RECORDS; Theft of Government Property
Count 7ss
Citation Section 18 U.S.C. § 1752.P
Offense Level 1
181752(a)(1) and (b)(l)(A); TEMPORARY RESIDENCE OF THE PRESIDENT; Restricted Building or Grounds with a Deadly or Dangerous Weapon
Count 8ss
Citation Section 18 U.S.C. § 1752.P
Offense Level 1
181752(a)(2) and (b)(l)(A); TEMPORARY RESIDENCE OF THE PRESIDENT; Disorderly and Disruptive Conduct in a Restricted Buildings or Grounds with a Deadly or Dangerous Weapon
Count 9ss
Citation Section 18 U.S.C. § 1752.P
Offense Level 1
181752(a)(4) and (b)(l)(A); TEMPORARY RESIDENCE OF THE PRESIDENT; Act of Physical Violence in a Restricted Buildings or Grounds with a Deadly or Dangerous Weapon
Defendant Custody Status Released
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Memorandum, Opinion  with OCR 134 Filed: 1/22/2025, Entered: 1/22/2025 Memorandum, Opinion Court Filing
Flag This ruling rebukes Donald Trump's new USDOJ in strong terms for dismissing January 6, 2021 prosecutions, and was featured on the Rachel Maddow Show on January 22, 2025.
MEMORANDUM & ORDER as to NICHOLAS DECARLO (1), NICHOLAS R. OCHS (2), GRANTING IN PART and DENYING IN PART the government's [133] Motion to Dismiss Case. See Memorandum & Order for further details. Signed by Judge Beryl A. Howell on January 22, 2025. (lcbah2)
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Blank  Filed: None, Entered: None terminate deadlines and hearings
Terminate Deadlines and Hearings as to NICHOLAS DECARLO, NICHOLAS R. OCHS: (mac)
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Motion to Dismiss Case with OCR 133 Filed: 1/21/2025, Entered: 1/21/2025, Terminated: 1/22/2025 Motion to Dismiss Case
MOTION to Dismiss Case by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS. (Attachments: # (1) Text of Proposed Order)(McCullough, Jason)
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indictment with OCR 131 Filed: 1/15/2025, Entered: 1/16/2025 indictment
SECOND SUPERSEDING INDICTMENT as to NICHOLAS DECARLO (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss, 8ss, 9ss, NICHOLAS R. OCHS (2) count(s) 1ss, 3ss, 4ss, 5ss, 6ss, 7ss, 8ss, 9ss. (zljn) Modified on 1/16/2025 (ztnr).
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notice of attorney appearance - USA with OCR 130 Filed: 1/15/2025, Entered: 1/15/2025 notice of attorney appearance - USA
NOTICE OF ATTORNEY APPEARANCE Carolyn J. Jackson appearing for USA. (Jackson, Carolyn)
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Blank  Filed: None, Entered: None Order on Motion to continue
MINUTE ORDER as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2), GRANTING [127] Joint Motion to Continue. Accordingly, the status conference currently scheduled for January 10, 2025, is CONTINUED to January 24, 2025 at 9:30 AM in Courtroom 26A In Person before Judge Beryl A. Howell. It is ORDERED that the parties are DIRECTED to appear for an ascertainment of counsel hearing as to NICHOLAS R. OCHS (2) only on January 17, 2025 at 9:30 AM in Courtroom 26A In Person before Judge Beryl A. Howell, unless before then counsel has noticed an appearance for Nicholas R. Ochs on the docket. It is FURTHER ORDERED that time under the Speedy Trial Act is excluded from January 10, 2025 through January 24, 2025, pursuant to 18 U.S.C. § 3161(h)(7)(A), upon finding that the ends of justice served by the granting of the continuance outweigh the best interests of the public and the defendant in a speedy trial, for the reasons set out in the joint motion requesting a continuance. Signed by Judge Beryl A. Howell on January 2, 2025. (zalh)
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Motion to Continue with OCR 127 Filed: 1/1/2025, Entered: 1/1/2025, Terminated: 1/2/2025 Motion to Continue
Joint MOTION to Continue Status Conference by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS. (McCullough, Jason)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER (paperless) as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2), DIRECTING, upon consideration of the parties' [126] Joint Status Report, that the stay of vacatur of defendants' convictions on Count Two of the Superseding Indictment charging a violation of 18 U.S.C. § 1512(c)(2) is EXTENDED until January 10, 2025; and FURTHER DIRECTING the parties to appear in Courtroom 26A on January 10, 2025, at 11:00 AM for a status conference. It is FURTHER ORDERED that time under the Speedy Trial Act is excluded from November 26, 2024, through January 10, 2025, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), to allow time for the defendants to consider the plea offers that have been extended, consider the retention of separate counsel, and allow time for the government to seek a superseding indictment. See [126] Joint Status Report at 2. Signed by Judge Beryl A. Howell on November 26, 2024. (lcbah2)
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Legal Document (Payment Possibly Required) 126 Filed: 11/25/2024, Entered: 11/25/2024 Status report
Joint STATUS REPORT in Response to Order of the Court Re ECF [124] by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS (McCullough, Jason) Modified text to link correct entries on 11/27/2024 (zljn).
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Legal Document (Payment Possibly Required) 125 Filed: 11/5/2024, Entered: 11/5/2024 Substitution of Counsel
NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney McCullough, Jason Bradley Adam added. Substituting for attorney Alexis Loeb (McCullough, Jason)
Request RequestSpace LREF
Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines as to NICHOLAS DECARLO (01) and NICHOLAS R. OCHS (02):Parties Joint Status Report due by 11/25/2024. (mac)
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Memorandum, Opinion  with OCR 124 Filed: 11/1/2024, Entered: 11/1/2024 Memorandum, Opinion Court Filing
MEMORANDUM OPINION as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2), regarding defendants' [112] Motion for Post-Conviction Relief. Signed by Judge Beryl A. Howell on November 1, 2024. (lcbah2)
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Order on Motion to Vacate - 2255 with OCR 123 Filed: 11/1/2024, Entered: 11/1/2024 Order on Motion to Vacate - 2255Court Filing
ORDER as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2), GRANTING defendants' [112] Motion for Post-Conviction Relief. See Order for further details. Signed by Judge Beryl A. Howell on November 1, 2024. (lcbah2)
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Reply in Support with OCR 122 Filed: 9/25/2024, Entered: 9/25/2024 Reply in Support
REPLY in Support by NICHOLAS DECARLO re [112] MOTION to Vacate under 28 U.S.C. 2255. as to defendants Nicholas DeCarlo and Nicholas Ochs NO DOCUMENTS ARE TO BE FILED IN THE CIVIL 2255 ACTION. ALL DOCUMENTS ARE TO BE FILED IN THIS CRIMINAL CASE (Feitel, Robert)
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Memorandum in opposition with OCR 121 Filed: 9/9/2024, Entered: 9/9/2024 Memorandum in opposition
Memorandum in Opposition by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re [112] Motion to Vacate (2255), (Loeb, Alexis)
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Memorandum, Opinion  with OCR 120 Filed: 9/4/2024, Entered: 9/4/2024 Memorandum, Opinion Court Filing
MEMORANDUM OPINION as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2), regarding defendants' [112] Motion for Release Pending Resolution of their Motion for Post-Conviction Relief. Signed by Judge Beryl A. Howell on September 4, 2024. (lcbah2)
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Order with OCR 119 Filed: 9/4/2024, Entered: 9/4/2024 OrderCourt Filing
ORDER as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2), DENYING defendants' [112] Motion for Release Pending Resolution of their Motion for Post-Conviction Relief. See Order for further details. Signed by Judge Beryl A. Howell on September 4, 2024. (lcbah2)
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Reply in Support with OCR 118 Filed: 8/13/2024, Entered: 8/13/2024 Reply in Support
REPLY in Support by NICHOLAS DECARLO re [114] MOTION Motion To Treat As Conceded Defendants' Motion For Post-Conviction Relief, [112] MOTION to Vacate under 28 U.S.C. 2255. as to defendants Nicholas DeCarlo and Nicholas Ochs NO DOCUMENTS ARE TO BE FILED IN THE CIVIL 2255 ACTION. ALL DOCUMENTS ARE TO BE FILED IN THIS CRIMINAL CASE (Feitel, Robert)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines as to NICHOLAS DECARLO (01), NICHOLAS R. OCHS (02):Defendants Reply In Support Of The Portion Of Their [112] Motion To Vacate Under 28 U.S.C. § 2255 Requesting That Defendants Be "Released From Custody While [Their] Motion Is Pending," Defs.' Mot. Vacate at 6. due by 8/13/2024. (mac)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER (paperless) as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2), DIRECTING defendants to file, by Tuesday, August 13, 2024, any reply in support of the portion of their [112] Motion to Vacate Under 28 U.S.C. § 2255 requesting that defendants be "released from custody while [their] motion is pending," Defs.' Mot. Vacate at 6. Signed by Judge Beryl A. Howell on August 8, 2024. (lcbah4)
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Response to motion with OCR 117 Filed: 8/7/2024, Entered: 8/7/2024 Response to motion
RESPONSE by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re [112] MOTION to Vacate under 28 U.S.C. 2255. as to defendants Nicholas DeCarlo and Nicholas Ochs NO DOCUMENTS ARE TO BE FILED IN THE CIVIL 2255 ACTION. ALL DOCUMENTS ARE TO BE FILED IN THIS CRIMINAL CASE Opposition to Defendants' Request for Immediate Release (Loeb, Alexis)
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Legal Document (Payment Possibly Required) 116 Filed: 8/6/2024, Entered: 8/6/2024 transcriptCourt Filing
TRANSCRIPT OF PROCEEDINGS, in case as to NICHOLAS DECARLO, NICHOLAS R. OCHS, before Judge Beryl A. Howell, held on 09-09-2022; Page Numbers: 1 - 54. Date of Issuance: 08-06-2024. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/27/2024. Redacted Transcript Deadline set for 9/6/2024. Release of Transcript Restriction set for 11/4/2024.(Saint-Loth, Elizabeth)
Request RequestSpace LREF
Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines as to NICHOLAS DECARLO (01) and NICHOLAS R. OCHS (02): Government Response To Portion Of Defendants' [112] Motion to Vacate Under 28 U.S.C. § 2255 due by 8/7/2024. Government Response To Defendants' Motion to Vacate due by 9/9/2024. Reply due 9/16/2024. (mac)
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Blank  Filed: None, Entered: None order on motion for miscellaneous relief
MINUTE ORDER (paperless) as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2), DENYING defendants' [114] Motion to Treat As Conceded; DIRECTING the government, by August 7, 2024, to respond to the portion of Defendants' [112] Motion to Vacate Under 28 U.S.C. § 2255 requesting that defendants be "released from custody while [their] motion is pending," Defs.' Mot. Vacate at 6 (capitalization omitted), and FURTHER DIRECTING the government, by September 9, 2024, to respond to Defendants' Motion to Vacate, with any Reply due by September 16, 2024. Signed by Judge Beryl A. Howell on July 25, 2024. (lcbah4)
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Memorandum in opposition with OCR 115 Filed: 7/24/2024, Entered: 7/24/2024 Memorandum in opposition
Memorandum in Opposition by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re [114] Motion for Miscellaneous Relief (Attachments: # (1) Proposed Order)(Loeb, Alexis)
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Motion for Miscellaneous Relief with OCR 114 Filed: 7/24/2024, Entered: 7/24/2024, Terminated: 7/25/2024 Motion for Miscellaneous Relief
MOTION Motion To Treat As Conceded Defendants' Motion For Post-Conviction Relief Re [112] by NICHOLAS DECARLO as to NICHOLAS DECARLO, NICHOLAS R. OCHS. (Attachments: # (1) Text of Proposed Order)(Feitel, Robert) Modified text to link events on 7/25/2024 (zljn).
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Legal Document (Payment Possibly Required) 113 Filed: 7/21/2024, Entered: 7/21/2024 Supplement to any document
SUPPLEMENT by NICHOLAS DECARLO as to NICHOLAS DECARLO, NICHOLAS R. OCHS To Habeas Corpus Petition (Feitel, Robert)
Request RequestSpace LREF
Motion to Vacate(2255) with OCR 112 Filed: 7/9/2024, Entered: 7/9/2024, Terminated: 11/1/2024 Motion to Vacate(2255)
MOTION to Vacate under 28 U.S.C. 2255. as to defendants Nicholas DeCarlo and Nicholas Ochs NO DOCUMENTS ARE TO BE FILED IN THE CIVIL 2255 ACTION. ALL DOCUMENTS ARE TO BE FILED IN THIS CRIMINAL CASE by NICHOLAS DECARLO. (Attachments: # (1) Text of Proposed Order)(Feitel, Robert) Civil case 1:24-cv-01980-BAH opened.
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Legal Document (Payment Possibly Required) 110 Filed: 2/26/2024, Entered: 2/26/2024 transcriptCourt Filing
TRANSCRIPT OF PROCEEDINGS, in case as to NICHOLAS DECARLO, NICHOLAS R. OCHS before Judge Beryl A. Howell, held on 12-09-2022; Page Numbers: 1 - 98. Date of Issuance: 2-26-2024. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/18/2024. Redacted Transcript Deadline set for 3/28/2024. Release of Transcript Restriction set for 5/26/2024.(Saint-Loth, Elizabeth)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 109 Filed: 12/9/2022, Entered: 12/12/2022 statement of reasonsCourt Filing
STATEMENT OF REASONS as to NICHOLAS DECARLO re [108] Judgment Access to the PDF Document is restricted per Judicial Conference Policy. Access is limited to Counsel of Record and the Court. Signed by Chief Judge Beryl A. Howell on 12/9/2022. (zhsj)
Request RequestSpace LREF
judgment with OCR 108 Filed: 12/9/2022, Entered: 12/12/2022 judgmentCourt Filing
JUDGMENT as to NICHOLAS DECARLO. Statement of Reasons Not Included. Signed by Chief Judge Beryl A. Howell on 12/9/2022. (zhsj)
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Blank  Filed: None, Entered: None sentencing
Minute Entry for proceedings held before Chief Judge Beryl A. Howell:Sentencing held on 12/9/2022 as to NICHOLAS DECARLO (1). Defendant sentenced on Count 2s to serve at term of forty-eight (48) months imprisonment followed by a term of thirty-six (36) months of supervised release. Defendant ordered to pay to the Clerk of Court for the U.S. District Court for the District of Columbia a special assessment in the amount of $100.00, a fine of $2,500.00, and restitution in the amount of $2,000.00 to be disbursed to the victim, Architect of the Capitol. Oral motion by the Defendant for prison camp designation at FCI Seagoville, in Seagoville, TX, granted; Defendant's Motion to Self-surrender, granted. The Defendant will be allowed to self-surrender and shall remain released on his own personal recognizance under the same conditions of release imposed by the Court. Oral Motion by the government to dismiss Counts 1s, 3s, 4s, 5s, 6s, granted. Counts 1s, 3s, 4s, 5s, and 6s DISMISSED as to Defendant NICHOLAS DECARLO. Bond Status of Defendant: Personal Recognizance pending self-surrender. Present: Defense Attorney: Robert A. Feitel; US Attorneys: Alexis J. Loeb and James Pearce; Probation Officer: Sherry Baker (videoconference); Pretrial Officer: Christine Schuck (telephonically). Court Reporter: Elizabeth Saint-Loth. (ztg)
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearings as to NICHOLAS DECARLO, NICHOLAS R. OCHS: Sentencing Hearing RESCHEDULED for 12/9/2022, at 10:00 AM in Courtroom 22A- In Person before Chief Judge Beryl A. Howell. (ztg)
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Response to Order of the Court with OCR 104 Filed: 12/6/2022, Entered: 12/6/2022 Response to Order of the Court
RESPONSE TO ORDER OF THE COURT by NICHOLAS DECARLO re Order, Concerning Government's Supplemental Exhibits (Feitel, Robert)
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Notice (other) with OCR 102 Filed: 12/5/2022, Entered: 12/5/2022 Notice (other)
SUBMISSION of letters from family and friends by NICHOLAS DECARLO re [97] Sentencing Memorandum. (Feitel, Robert) Modified Text on 12/6/2022 (zhsj).
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines as to NICHOLAS DECARLO, NICHOLAS R. OCHS: Response to Order of the Court due by 12:00 PM on 12/7/2022. (ztg)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER (paperless), as to NICHOLAS DECARLO & NICHOLAS OCHS. DIRECTING both defendants to state their positions, by December 7, 2022 at 12:00 PM, whether the new video excerpts provided by the government on December 2, 2022, may be made publicly available without restriction. Signed by Chief Judge Beryl A. Howell on December 5, 2022. (lcbah4)
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Supplement to any document with OCR 101 Filed: 12/2/2022, Entered: 12/2/2022 Supplement to any document
EPLY by USA as to NICHOLAS DECARLO to [97] Nicholas DeCarlo's Sentencing Memorandum. (Attachments: # (1) Exhibit Notice of Video Exhibits to Government's Reply) (Loeb, Alexis) Modified Text on 12/6/2022 to add document link (zhsj).
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Errata with OCR 99 Filed: 11/29/2022, Entered: 11/29/2022 Errata
ERRATA by NICHOLAS DECARLO to [97] Sentencing Memorandum. Attachments: # (1) Exhibit) (Feitel, Robert). Modified with counsel's permission on 11/30/2022 (ztg). Modified on 11/30/2022 to Add link (zhsj).
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sentencing memorandum with OCR 97 Filed: 11/29/2022, Entered: 11/29/2022 sentencing memorandum
SENTENCING MEMORANDUM by NICHOLAS DECARLO (Attachments: # (1) Exhibit)(Feitel, Robert)
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Motion to Amend/Correct with OCR 96 Filed: 11/28/2022, Entered: 11/28/2022, Terminated: 11/28/2022 Motion to Amend/Correct
Unopposed MOTION to Amend/Correct [95] Unopposed MOTION to Continue Date For Filing Defense Sentencing Memoranda filed by NICHOLAS DECARLO by NICHOLAS DECARLO. (Feitel, Robert)
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Motion to Continue with OCR 95 Filed: 11/28/2022, Entered: 11/28/2022, Terminated: 11/28/2022 Motion to Continue
Unopposed MOTION to Continue Date For Filing Defense Sentencing Memoranda by NICHOLAS DECARLO. (Attachments: # (1) Text of Proposed Order)(Feitel, Robert)
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Blank  Filed: None, Entered: None Order on Motion to continue
MINUTE ORDER as to NICHOLAS DECARLO, NICHOLAS R. OCHS, GRANTING [95] Defendants' Unopposed Motion for Additional Time to File Sentencing Memorandum and [96] Defendants' Amended Motion for Additional Time to File Sentencing Memorandum. Upon consideration of the defendants' motions, it is hereby ORDERED that the deadline to file the parties' sentencing memoranda shall be extended to November 29, 2022; the government's reply shall be due on or before December 2, 2022. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 11/28/2022. (ztg)
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sentencing memorandum with OCR 93 Filed: 11/25/2022, Entered: 11/25/2022 sentencing memorandum
SENTENCING MEMORANDUM by USA as to NICHOLAS DECARLO (Loeb, Alexis)
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Legal Document (Payment Possibly Required) 80 Filed: 9/9/2022, Entered: 9/9/2022 Waiver of Trial by JuryCourt Filing
WAIVER of Trial BY Jury as to NICHOLAS DECARLO. Approved by Chief Judge Beryl A. Howell on 9/9/2022. (ztg)
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Statement of Offense with OCR 79 Filed: 9/9/2022, Entered: 9/9/2022 Statement of Offense
STATEMENT OF OFFENSE by NICHOLAS DECARLO. (ztg)
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plea agreement with OCR 77 Filed: 9/9/2022, Entered: 9/9/2022 plea agreement
PLEA AGREEMENT as to NICHOLAS DECARLO. (ztg)
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Blank  Filed: None, Entered: None terminate deadlines and hearings
Terminate Deadlines and Hearings as to NICHOLAS DECARLO and NICHOLAS R. OCHS: Pretrial motions deadlines, and Pretrial Conference scheduled for 11/4/2022, and Jury Selection/Jury Trial scheduled for 11/14/2022, VACATED. (ztg)
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Blank  Filed: None, Entered: None Plea Agreement Hearing
Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Plea Agreement Hearing as to Defendant #1 NICHOLAS DECARLO and #2 NICHOLAS R. OCHS held via videoconference on 9/9/2022, the defendants agreed to participate via videoconference under the CARES Act and after consultation with counsel. Defendants sworn; plea of guilty entered by NICHOLAS DECARLO and by NICHOLAS R. OCHS to Count 2s of the Superseding Indictment filed on 2/18/2022; case referred to the Probation Office for presentence investigation; Sentencing Hearing scheduled for 12/9/2022, at 11:00 AM in Courtroom 22A- In Person before Chief Judge Beryl A. Howell. Bond Status of Defendants: Personal Recognizance - the defendants will continue to be released on their own personal recognizance under the current conditions of release. Present: Defense Attorneys: #1 Robert Feitel, #2 Edward MacMahon Jr.; US Attorney: Alexis J. Loeb; Pretrial Officer: Da'Shanta ValentineLewis. Court Reporter: Elizabeth Saint-Loth. (ztg)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER (paperless), as to NICHOLAS DECARLO & NICHOLAS OCHS, DIRECTING the government, in light of the parties' lack of objection noted in the government's [74] Report and Position Regarding Video Evidence Described in Statement of Offense, promptly to make the video exhibits identified in its [74] Report and Response publicly available without restrictions by providing access using the "drop box" technical solution described in Standing Order 21-28, In re: Media Access to Video Exhibits in Pretrial Capitol Cases. Signed by Chief Judge Beryl A. Howell on September 2, 2022. (lcbah4)
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Response to Order of the Court with OCR 74 Filed: 9/1/2022, Entered: 9/1/2022 Response to Order of the Court
RESPONSE TO ORDER OF THE COURT by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re Order,, Identification of Videos Described in Statement of Offense (Loeb, Alexis)
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Response to Order of the Court with OCR 73 Filed: 9/1/2022, Entered: 9/1/2022 Response to Order of the Court
RESPONSE TO ORDER OF THE COURT by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re [19] Order Submission in Connection with Guilty Plea (Loeb, Alexis)
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Blank  Filed: None, Entered: None ***Set/Reset Deadlines
Set/Reset Deadlines as to NICHOLAS DECARLO, NICHOLAS R. OCHS: Responses to Order of the Court due by 2:00 PM on 9/2/2022. (ztg)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER (paperless), as to NICHOLAS DECARLO & NICHOLAS R. OCHS, DIRECTING the government (1) by 2 PM on Friday, September 2, to submit to the Court a report on the length and source(s) of the video evidence described in the Statement of Offense ("SOF"), which SOF provides the factual basis for the plea and was submitted by the government to the Court via email; (2) make such video evidence available for the Court's review by 2 PM on September 2; and FURTHER DIRECTING the parties to provide their positions, by 2 PM on the same date, whether this video evidence may be made publicly available without restriction. Signed by Chief Judge Beryl A. Howell on August 29, 2022. (lcbah4)
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Blank  Filed: None, Entered: None Notice of hearing
NOTICE OF HEARING as to NICHOLAS DECARLO and NICHOLAS R. OCHS. The parties shall take notice that a Plea Agreement Hearing is scheduled for 9/9/2022, at 9:00 AM via videoconference before Chief Judge Beryl A. Howell. A videoconference link will be provided by the deputy clerk nearest the hearing date. (ztg)
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motion to modify conditions of release with OCR 72 Filed: 6/1/2022, Entered: 6/1/2022, Terminated: 6/1/2022 motion to modify conditions of release
Unopposed MOTION to Modify Conditions of Release To Pemit Defendant To Relocate To A Different Judicial District by NICHOLAS DECARLO. (Attachments: # (1) Text of Proposed Order)(Feitel, Robert)
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Blank  Filed: None, Entered: None order on motion to modify conditions of release
MINUTE ORDER granting [72] Defendant's Unopposed Motion to Modify Release Conditions as to NICHOLAS DECARLO (1). Upon consideration of the unopposed motion, it is hereby ORDERED that Defendant NICHOLAS DECARLO shall be permitted to relocate his residence from the Northern District of Texas to the Western District of Tennessee; it is FURTHER ORDERED that the defendant shall promptly upon his arrival report to the Pretrial Office in the Western District of Tennessee, he shall not leave the State of Tennessee without prior notice and approval from Pretrial Services; it is FURTHER ORDERED that all other conditions of release imposed by the Court shall remain in place. Signed by Chief Judge Beryl A. Howell on 6/1/2022. (ztg)
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Blank  Filed: None, Entered: None arraignment
Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Arraignment as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2) held via videoconference on 2/25/2022; the defendants agreed to participate via videoconference after consultation with counsel. Reading of the Superseding Indictment waived by both defendants; plea of not guilty to Counts 1s, 2s, 3s, 4s, 5s, and 6s of the Superseding Indictment filed on 2/18/2022, entered by Defendant NICHOLAS DECARLO; plea of not guilty to Counts 1s, 2s, 3s, 4s, 5s, and 6s of the Superseding Indictment filed on 2/18/2022, entered by Defendant NICHOLAS R. OCHS. Bond Status of Defendants: Personal Recognizance. Present: Defense Attorneys: #1 Robert Feitel, #2 Edward B. Macmahon Jr; US Attorney: Alexis J. Loeb; Pretrial Officer: Christine Schuck (telephonically). Court Reporter: Elizabeth Saint-Loth. (ztg)
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Blank  Filed: None, Entered: None set/reset deadlines/hearings
Set/Reset Deadlines/Hearings as to NICHOLAS DECARLO, NICHOLAS R. OCHS: Pretrial motions due by 9/15/2022; oppositions due by 10/6/2022; replies due by 10/20/2022; Joint Pretrial Statement due by 10/20/2022; pretrial conference set for 11/4/2022, at 10:00 AM in Courtroom 22A- In Person before Chief Judge Beryl A. Howell; jury selection/jury trial set for 11/14/2022, at 9:00 AM before Chief Judge Beryl A. Howell. (ztg)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER (paperless), as to NICHOLAS DECARLO, NICHOLAS OCHS, ISSUING, upon consideration of the parties' [70] Joint Status Report ("JSR") requesting, inter alia, a start date for a two-week trial on Tuesday, November 15, 2022, which trial period would be interrupted by the Thanksgiving holidays, the following SCHEDULING ORDER: (1) by September 15, 2022, the parties shall file any pretrial motions, including motions in limine, with any opposition due by October 6, 2022, and replies due by October 20, 2022, in accord with the parties' proposed schedule; (2) by October 20, 2022, the parties shall file their Joint Pretrial Statement, see [19] Standing Order para. 9; [20] Standing Order para. 9; (3) on November 4, 2022, at 10 AM, the parties are DIRECTED to appear in Courtroom 22A for a pretrial conference; and (4) on November 14, 2022, at 9 AM, the parties are DIRECTED to appear in Courtroom 22A or another courtroom, as directed, for jury selection; and it is FURTHER ORDERED that time under the Speedy Trial Act shall be excluded from February 23, 2022 through November 14, 2022, in the interests of justice, which interests outweigh the interests of the public and the defendants in a speedier trial for the reasons set out in the JSR, including the voluminous discovery, the need for defendants and their counsel to have sufficient time to review discovery to prepare effectively for trial, and the availability of defense counsel due to other matters set for trial in the coming months. Signed by Chief Judge Beryl A. Howell on February 23, 2022. (lcbah4)
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Status report with OCR 70 Filed: 2/22/2022, Entered: 2/22/2022 Status report
Joint STATUS REPORT Regarding Proposed Trial Dates and Motions Schedule by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS (Loeb, Alexis)
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indictment with OCR 68 Filed: 2/18/2022, Entered: 2/18/2022 indictment
SUPERSEDING INDICTMENT as to NICHOLAS DECARLO (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, NICHOLAS R. OCHS (2) count(s) 1s, 2s, 3s, 4s, 5s, 6s. (zhsj)
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Legal Document (Payment Possibly Required) 67 Filed: 2/11/2022, Entered: 2/11/2022 Status report
STATUS REPORT Regarding Status of Discovery As Of February 9, 2022 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS (Loeb, Alexis)
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Legal Document (Payment Possibly Required) 66 Filed: 1/27/2022, Entered: 1/27/2022 transcriptCourt Filing
TRANSCRIPT OF PROCEEDINGS, in case as to NICHOLAS DECARLO, NICHOLAS R. OCHS, before Chief Judge Beryl A. Howell, held on 1-21-2002. Page Numbers: 1 - 56. Date of Issuance: 1-27-2022. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/17/2022. Redacted Transcript Deadline set for 2/27/2022. Release of Transcript Restriction set for 4/27/2022.(Saint-Loth, Elizabeth)
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Blank  Filed: None, Entered: None Motion Hearing
Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Motion/Status Hearing as to NICHOLAS DECARLO and NICHOLAS R. OCHS held via videoconference on 1/21/2022; the defendants agreed to participate via videoconference after consultation with counsel. Defendants' [55] MOTION to Dismiss Count One and Count Two filed by NICHOLAS DECARLO, DENIED for the reasons stated on the record. A Status Conference is scheduled for 2/25/2022, at 11:00 AM via videoconference before Chief Judge Beryl A. Howell. Parties DIRECTED to submit on or before 2/22/2022, a Joint Status Report regarding disposition of the case short of trial or setting of a trial date for which the parties must provide three possible trial dates and a proposed schedule for pretrial motions. Time excluded under the Speedy Trial Act from 1/21/2022 through 2/25/2022, in the interests of justice and those interests outweigh the interests of the public and the defendant in a speedy trial in order to give the parties time to confer and decide on a disposition of the case or trial dates. Bond Status of Defendants: Personal Recognizance. Present via videoconference: Defense Attorney: #1 Robert Feitel, #2 Edward B. Macmahon Jr; US Attorney: Alexis J. Loeb and James Pearce; Pretrial Officers: Christine Schuck (telephonically) and Shay Holman. Court Reporter: Elizabeth Saint-Loth. (ztg)
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Legal Document (Payment Possibly Required) 63 Filed: 1/18/2022, Entered: 1/18/2022 notice of attorney appearance - USA
NOTICE OF ATTORNEY APPEARANCE James Pearce appearing for USA. (Pearce, James)
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Blank  Filed: None, Entered: None Order on Motion to continue
MINUTE ORDER granting [62] Consent Motion for Continuance of Status Conference filed by NICHOLAS R. OCHS. Upon consideration of the consent motion, it is hereby ORDERED that the Status/Motion Hearing as to NICHOLAS DECARLO and NICHOLAS R. OCHS currently scheduled for January 14, 2022, is CONTINUED to January 21, 2022, at 1:00 PM via videoconference before Chief Judge Beryl A. Howell. Signed by Chief Judge Beryl A. Howell on 1/11/2022. (ztg)
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Legal Document (Payment Possibly Required) 61 Filed: 1/10/2022, Entered: 1/10/2022 Reply in Support
REPLY in Support by NICHOLAS DECARLO re [55] MOTION to Dismiss Count One and Count Two (Feitel, Robert)
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Motion for Extension of Time to File with OCR 60 Filed: 1/6/2022, Entered: 1/6/2022, Terminated: 1/6/2022 Motion for Extension of Time to File
Unopposed MOTION for Additional Time to File Reply Memorandum Filing Deadline by NICHOLAS DECARLO. (Attachments: # (1) Text of Proposed Order)(Feitel, Robert) Modified text and event on 1/25/2022 (bb).
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Blank  Filed: None, Entered: None Order on Motion to continue
MINUTE ORDER as to NICHOLAS DECARLO, granting [60] Defendant's Unopposed Motion for Additional Time to File Reply Memorandum. Upon consideration of the unopposed motion, it is hereby ORDERED that the Defendant's deadline to file his reply memorandum in support of his Motion to Dismiss Counts One and Two, ECF [55], is EXTENDED until January 10, 2022. Signed by Chief Judge Beryl A. Howell on 1/6/2022. (ztg)
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Legal Document (Payment Possibly Required) 59 Filed: 1/3/2022, Entered: 1/3/2022 Notice (other)
NOTICE of Recent Authority by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re [58] Memorandum in Opposition, [55] MOTION to Dismiss Count One and Count Two, [56] Notice (Other) (Attachments: # (1) Exhibit 1 - Montgomery Memorandum Opinion and Order, # (2) Exhibit 2 - Nordean Memorandum Opinion)(Loeb, Alexis)
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Legal Document (Payment Possibly Required) 58 Filed: 12/23/2021, Entered: 12/23/2021 Memorandum in opposition
Memorandum in Opposition by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re [55] MOTION to Dismiss Count One and Count Two (Loeb, Alexis)
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Rule 5 Documents Received with OCR 57 Filed: 12/20/2021, Entered: 12/20/2021 Rule 5 Documents Received
Rule 5(c)(3) Documents Received as to NICHOLAS DECARLO from US District Court for the Northern District of Texas Case Number 4:21-mj-55 (bb)
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Motion to Dismiss Count(s) with OCR 55 Filed: 12/10/2021, Entered: 12/10/2021, Terminated: 2/23/2022 Motion to Dismiss Count(s)
MOTION to Dismiss Count One and Count Two by NICHOLAS DECARLO. (Attachments: # (1) Text of Proposed Order)(Feitel, Robert)
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Legal Document (Payment Possibly Required) 54 Filed: 11/5/2021, Entered: 11/5/2021 Status report
STATUS REPORT Status of Discovery as of November 5, 2021 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS (Loeb, Alexis)
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Legal Document (Payment Possibly Required) 53 Filed: 11/2/2021, Entered: 11/2/2021, Terminated: 11/2/2021 Motion to Continue
Unopposed MOTION to Continue Status Hearing by NICHOLAS DECARLO as to NICHOLAS DECARLO, NICHOLAS R. OCHS. (Attachments: # (1) Text of Proposed Order)(Feitel, Robert)
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Blank  Filed: None, Entered: None Order on Motion to continue
MINUTE ORDER granting [53] Defendant's Unopposed Motion to Continue Status Hearing as to NICHOLAS DECARLO (1), NICHOLAS R. OCHS (2). Upon consideration of the unopposed motion, it is hereby ORDERED that the Status Hearing currently scheduled for November 12, 2021, shall be CONTINUED to January 14, 2022, at 12:00 PM, Eastern Time, before Chief Judge Beryl A. Howell; it is FURTHER ORDERED that for the reasons outlined in the motion, time under the Speedy Trial Act shall be excluded for each defendant from November 12, 2021 through January 14, 2022, in the interests of justice and those interests outweigh the interests of the public and the defendant in a speedy trial. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 11/2/2021. (ztg)
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Notice (other) with OCR 52 Filed: 10/22/2021, Entered: 10/22/2021 Notice (other)
NOTICE of Status of Discovery as October 21, 2021 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS (Loeb, Alexis)
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Notice of Withdrawal of Appearance by Assistant U.S. Attorney with OCR 51 Filed: 10/22/2021, Entered: 10/22/2021 Notice of Withdrawal of Appearance by Assistant U.S. Attorney
NOTICE OF WITHDRAWAL OF APPEARANCE by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS (Berridge, Christopher)
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Legal Document (Payment Possibly Required) 50 Filed: 10/18/2021, Entered: 10/18/2021 notice of attorney appearance - USA
NOTICE OF ATTORNEY APPEARANCE Alexis Jane Loeb appearing for USA. (Loeb, Alexis)
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Legal Document (Payment Possibly Required) 49 Filed: 10/15/2021, Entered: 10/15/2021, Terminated: 10/15/2021 Motion for order
Unopposed MOTION for Order to Disclose Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS. (Attachments: # (1) Text of Proposed Order)(Berridge, Christopher)
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Blank  Filed: None, Entered: None Order on Motion for order
MINUTE ORDER (paperless), as to NICHOLAS DECARLO and NICHOLAS R. OCHS, GRANTING the government's [49] Unopposed Motion for an Order to Disclose Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials and AUTHORIZING the government, pursuant to Federal Rule of Criminal Procedure 6(e)(3)(E)(i) and the previously entered protective order governing discovery in this case, to provide to defendants, and any co-defendants who may later be joined, materials protected by Federal Rule of Criminal Procedure 6(e), insofar as such disclosure is necessary for the government to comply with its discovery and disclosure obligations. Signed by Chief Judge Beryl A. Howell on October 15, 2021. (lcbah4)
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Legal Document (Payment Possibly Required) 45 Filed: 9/28/2021, Entered: 9/28/2021 Notice (other)
NOTICE of Filing by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS (Attachments: # (1) Discovery Letter 9.28.21)(Berridge, Christopher)
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Notice (other) with OCR 44 Filed: 9/16/2021, Entered: 9/16/2021 Notice (other)
NOTICE of Status of Discovery as of 9.14.21 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS (Berridge, Christopher)
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Legal Document (Payment Possibly Required) 43 Filed: 9/16/2021, Entered: 9/16/2021 Notice (other)
NOTICE of Status of Discovery as of 8.23.21 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS (Berridge, Christopher)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Status Hearing as to Defendant #1 NICHOLAS DECARLO, #2 NICHOLAS R. OCHS held on 9/10/2021; the Defendants agreed to participate via videoconference after consultation with counsel. A further Status Hearing is scheduled for 11/12/2021, at 9:40 AM before Chief Judge Beryl A. Howell. Time excluded under the Speedy Trial Act from 9/10/2021 through 11/12/2021, in the best interests of justice and those interests outweigh the interests of the public and the defendant in a speedy trial. Bond Status of Defendants: Personal Recognizance. Present via videoconference: Defense Attorneys: #1 Robert Feitel, #2 Edward B. Macmahon Jr; US Attorney: Christopher Berridge; Pretrial Officer: Andre Sidbury. Court Reporter: Elizabeth Saint-Loth. (ztg)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Status Conference as to NICHOLAS DECARLO (1), NICHOLAS R. OCHS (2) held via videoconference on 6/21/2021. The defendants agreed to participate via videoconference. A further Status Conference is set for 9/10/2021, at 9:15 AM before Chief Judge Beryl A. Howell. The Court found that time shall be excluded under the Speedy Trial Act from 6/21/2021 through 9/10/2021, in the best interest of justice and those interests outweigh the interests of the public and the defendants in a speedy trial.Bond Status of Defendants: Personal Recognizance. Defense Attorneys: #1 Robert A. Feitel and #2 Edward B. MacMahon Jr.; US Attorney: Christopher Berridge; Pretrial Officer: Andre Sidbury; Court Reporter: Elizabeth Saint-Loth. (hmc)
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Blank  Filed: None, Entered: None order on motion to modify conditions of release
MINUTE ORDER (paperless), as to NICHOLAS DECARLO, GRANTING defendant's [33] Second Motion to Modify Conditions of Release ("Def.'s Mot."). Defendant argues that he does not pose either a danger to the safety of the community or a flight risk and that neither GPS location monitoring nor a curfew is necessary to ensure that he complies with his release conditions. Def.'s Mot. at 1. As defendant notes, he has complied with his release conditions for the past three months, and his co-defendant, who is charged with the same offenses, was released on personal recognizance without GPS monitoring or a curfew. Id. at 3. The government opposes defendant's motion by highlighting his offense conduct and stating without much elaboration that "GPS monitoring and a curfew are eminently reasonable conditions of release given the defendant's actions during the crime, his actions after the crime, and the statements he has made since his awareness of the case against him." Gov't's Opp'n at 4-5, ECF No. 37. The government does not explain, however, how defendant poses a risk of flight or danger to the community absent GPS monitoring and a curfew. Most importantly, the government does not explain why defendant DeCarlo requires more strict conditions of release than his co-defendant. Accordingly, defendant's motion is GRANTED, and defendant's conditions of pretrial release are modified as follows: the defendant is no longer subject to location monitoring and is no longer under a curfew. All other prior conditions of release shall remain in effect. Signed by Chief Judge Beryl A. Howell on April 16, 2021. (lcbah4)
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Memorandum in opposition with OCR 37 Filed: 4/15/2021, Entered: 4/15/2021 Memorandum in opposition
Memorandum in Opposition by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re [33] Second MOTION to Modify Conditions of Release (Berridge, Christopher)
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Order on Motion to continue with OCR 36 Filed: 4/15/2021, Entered: 4/15/2021 Order on Motion to continueCourt Filing
ORDER, as to NICHOLAS DECARLO and NICHOLAS R. OCHS, GRANTING the government's [35] Unopposed Motion to Continue Status Hearing and to Exclude Time under the Speedy Trial Act, CONTINUING the status hearing scheduled for April 16, 2021, to June 21, 2021, at 11:30 AM, and EXCLUDING time under the Speedy Trial Act through June 21, 2021. Signed by Chief Judge Beryl A. Howell on April 15, 2021. (lcbah4)
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Motion to Continue with OCR 35 Filed: 4/15/2021, Entered: 4/15/2021, Terminated: 4/15/2021 Motion to Continue
Unopposed MOTION to Continue Status Hearing, Unopposed MOTION to Exclude Time Under the Speedy Trial Act by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS. (Attachments: # (1) Text of Proposed Order)(Berridge, Christopher)
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearings as to NICHOLAS DECARLO, NICHOLAS R. OCHS: Status Conference RESCHEDULED for 6/21/2021, at 11:30 AM before Chief Judge Beryl A. Howell. (ztg)
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Blank  Filed: None, Entered: None Order
MINUTE ORDER as to NICHOLAS DECARLO re [33] Second MOTION to Modify Conditions of Release filed by NICHOLAS DECARLO. DIRECTING the government to submit the reasons for its opposition by 2 PM today, April 15, 2021. Signed by Chief Judge Beryl A. Howell on 4/15/2021. (ztg)
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motion to modify conditions of release with OCR 33 Filed: 4/14/2021, Entered: 4/14/2021, Terminated: 4/16/2021 motion to modify conditions of release
Second MOTION to Modify Conditions of Release by NICHOLAS DECARLO. (Attachments: # (1) Text of Proposed Order)(Feitel, Robert)
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protective order with OCR 32 Filed: 4/14/2021, Entered: 4/14/2021 protective orderCourt Filing
SUPERSEDING PROTECTIVE ORDER as to NICHOLAS DECARLO and NICHOLAS R. OCHS. Signed by Chief Judge Beryl A. Howell on April 14, 2021. (lcbah4)
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Legal Document (Payment Possibly Required) 31 Filed: 4/14/2021, Entered: 4/14/2021, Terminated: 4/14/2021 Motion for Protective Order
Unopposed MOTION for Protective Order of Discovery Materials by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS. (Attachments: # (1) Text of Proposed Order)(Berridge, Christopher)
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Blank  Filed: None, Entered: None Order on Motion for protective order
MINUTE ORDER granting [31] Motion for Protective Order as to NICHOLAS DECARLO (1) and NICHOLAS R. OCHS (2). Signed by Chief Judge Beryl A. Howell on 4/14/2021. (ztg)
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Legal Document (Payment Possibly Required) 30 Filed: 3/12/2021, Entered: 3/12/2021 order on motion to modify conditions of releaseCourt Filing
ORDER granting [29] Defendant's Unopposed Motion to Modify Conditions of Release as to NICHOLAS DECARLO (1). Signed by Chief Judge Beryl A. Howell on 3/12/2021. (ztg)
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motion to modify conditions of release with OCR 29 Filed: 3/12/2021, Entered: 3/12/2021, Terminated: 3/12/2021 motion to modify conditions of release
Unopposed MOTION to Modify Conditions of Release by NICHOLAS DECARLO. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit Defendant's Release Order (DE 27))(Feitel, Robert)
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notice of attorney appearance - defendant with OCR 28 Filed: 3/3/2021, Entered: 3/3/2021 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Robert A. Feitel appearing for NICHOLAS DECARLO (Feitel, Robert)
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order setting conditions of release with OCR 27 Filed: 2/15/2021, Entered: 2/16/2021 order setting conditions of releaseCourt Filing
ORDER Setting Conditions of Release as to NICHOLAS DECARLO (1) Personal Recognizance. Signed by Magistrate Judge Robin M. Meriweather on 2/10/2021. (ztl) (Additional attachment(s) added on 4/22/2021: # (1) Appearance Bond) (zkk).
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Blank  Filed: None, Entered: None arraignment
Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Arraignment held via videoconference on 2/12/2021 as to Defendant #1 NICHOLAS DECARLO and #2 NICHOLAS R. OCHS. The defendants agreed to participate via videoconference after consultation with counsel. Plea of not guilty entered by Defendant NICHOLAS DECARLO and Defendant NICHOLAS R. OCHS to Counts 1, 2, 3, 4, 5, 6, and 7 of the Indictment filed on 2/4/2021. A Status Hearing is scheduled for 4/16/2021, at 11:30 AM before Chief Judge Beryl A. Howell. The defendants agreed to exclude time under the Speedy Trial Act from today until the status hearing of 4/16/2021. The Court found that time shall be excluded under the Speedy Trial Act from 2/12/2021 through 4/16/2021, in the best interest of justice and those interests outweigh the interests of the public and the defendant in a speedy trial in order to give the government time to complete discovery and for defense counsel to review and discuss the discovery with the client. Bond Status of Defendants: Personal Recognizance. Present via videoconference: Defense Attorney: #1 Michelle Peterson and #2 Edward B. MacMahon Jr.; US Attorney: Christopher Berridge; Pretrial Officer: Andre Sidbury (telephonically). Court Reporter: Elizabeth Saint-Loth. (ztg)
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Legal Document (Payment Possibly Required) 38 Filed: 2/10/2021, Entered: 3/17/2021 Arrest Warrant Returned Executed
Arrest Warrant, dated 1/19/2021, returned executed in the U.S. District Court for the District of Columbia on 2/10/2021 as to Defendant NICHOLAS DECARLO (1). (kk) (zkk).
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Blank  Filed: None, Entered: None Order on motion to appoint counsel
Minute Entry for Initial Appearance as to NICHOLAS DECARLO (1) held by video before Magistrate Judge Robin M. Meriweather on 2/10/2021 : The Court advised the Government of its due process obligations under Rule 5(f). The defendant agreed to appear by video. Oral Motion by Defendant to Appoint Counsel, heard and granted. The Court finds that the defendant is eligible for court appointed counsel and will authorize the appointment of an attorney from the Criminal Justice Act Panel. Arraignment scheduled before Chief Judge Beryl A. Howell on 2/12/2021 at 10:45 AM. Oral Motion by USA to Exclude Speedy Trial Time from 2/10/2021 until 2/12/2021. The defense does not join in the Government's motion. Government's motion granted by the Court; time between 2/10/2021 and 2/12/2021 excluded pursuant to the Speedy Trial Act in the interest of justice. Bond Status of Defendant: Defendant placed on Personal Recognizance Bond with GPS Monitoring. Court Reporter: FTR Gold - Ctrm. 11; FTR Time Frames: 1:42:30 - 1:53:11 and 2:41:48 - 3:01:02. Defense Attorney: Michelle Peterson, standing in only; U.S. Attorney: Kelly Smith for Christopher Berridge; Pretrial Officer: Shay Holman. (kk)
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Blank  Filed: None, Entered: None Motion to exclude
ORAL MOTION by USA to Exclude Speedy Trial Time from 2/10/2021 until 2/12/2021 as to Defendant NICHOLAS DECARLO (1). (kk)
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Blank  Filed: None, Entered: None Motion to Appoint Counsel
ORAL MOTION by Defendant NICHOLAS DECARLO (1) to Appoint Counsel. (kk)
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Order with OCR 19 Filed: 2/4/2021, Entered: 2/4/2021 OrderCourt Filing
STANDING ORDER as to NICHOLAS DECARLO. Signed by Chief Judge Beryl A. Howell on February 4, 2021. (lcbah4) Modified date on 2/4/2021 (ztg).
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indictment with OCR 17 Filed: 2/4/2021, Entered: 2/4/2021 indictment
INDICTMENT as to NICHOLAS DECARLO (1) count(s) 1, 2, 3, 4, 5, 6, 7, NICHOLAS R. OCHS (2) count(s) 1, 2, 3, 4, 5, 6, 7. (zltp)
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Blank  Filed: None, Entered: None Notice of hearing
NOTICE OF HEARING as to NICHOLAS DECARLO and NICHOLAS R. OCHS. The parties shall take notice that an Arraignment Hearing is scheduled for 2/12/2021, at 10:45 AM before Chief Judge Beryl A. Howell. (ztg)
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Blank  Filed: None, Entered: None Arrest - Other District
Arrest of Defendant NICHOLAS DECARLO (1) in the Northern District of Texas. (ztg) Modified on 3/17/2021 (kk).
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Legal Document (Payment Possibly Required) 1 Filed: 1/19/2021, Entered: 1/19/2021 Complaint
COMPLAINT as to NICHOLAS DECARLO (1). (Attachments: # (1) Statement of Facts) (zstd)[1:21-mj-00120-ZMF]
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