7 January 2002
This is the docket for USA v. Haouari et al, a terrorism case which includes Abdel Ghani Meskini, an associate of Ahmed Ressam who was arrested in Seattle and convicted of terrorism.
From hardcopy of The New Yorker, January 14, 2002, p. 55:
"Authorities had found several phone numbers on Ressam when he was arrested. There was also a name, Ghani, which belonged to Abdel Ghai Meskini, an Algerian, who lived in Brooklyn and who had travelled to Seattle to meet with Ressam. An FBI wiretap picked up a call that Meskini made to Algeria in which he spoke about Ressam and a suspected terrorist in Montreal. (Meskini and Ressam eventually became cooperating witnesses and are both assisting the FBI's investigation of the September 11 attacks.)"
As shown below, Meskini pled guilty before trial; Haouari was convicted at trial.
Docket number 56 presents information about the wiretap orders of the FISA court, number 61 on letters rogatory to foreign nations, number 63 on withholding Ressam material from the press and public, number 76 undisclosed government letter on Ressam which may relate to Ressam's disclosure of information to September 11th investigators.
Source: Southern District of New York electronic court dockets via PACER.
PACER session date: Monday January 07, 2002 10:05:46 PM EST Case docket was last updated on: 12/13/01. Docket as of December 13, 2001 10:00 pm Page 1 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al U.S. District Court Southern District of New York - Civil Database (Foley Square) CRIMINAL DOCKET FOR CASE #: 00-CR-15-ALL USA v. Haouari, et al Filed: 01/19/00 Dkt# in other court: None Case Assigned to: Judge John F. Keenan MOKHTAR HAOUARI (1) Daniel J. Ollen defendant [COR LD NTC cja] 805 Third Avenue New York, NY 10022 212-758-9931 Pending Counts: Disposition 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (CONSPIRACY TO VIOLATE 18 USC 2339A) (1) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1s) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1ss) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1sss) 18:2339A.F TERRORIST ACTIVITY (TITL 18 USC, Sections 2339A and 2) (2s) 18:2339A.F TERRORIST ACTIVITY (2ss) 18:2339A.F TERRORIST ACTIVITY - (Title 18 U.S.C. Sections 2339A and 2.) (2sss) 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (18 USC 1028 (a)(2), (b) (1), Docket as of December 13, 2001 10:00 pm Page 2 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al (b) (4), (c)(1), (c) (3), and (f). (3) 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (TITLE 18, UNITED STATES CODE, SECTIONS 1028(a)(2), (b)(1), (b)(4), (c)(1), (c)(3), and (f).) (3s) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (3ss) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (3sss) 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (18USC 1028(a) (2), (b)(1), (b)(4), (c)(3) and (f) and 2. (4) 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (TITLE 18 USC, Sections 1028(a)(2), (b)(1), (b)(4), (c)(3) and (f) and (2).) (4s) 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (4ss - 6ss) 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS - (Title 18 U.S.C. Section 1028(a)(2), (b)(1), (b)(4), (c)(3), & (f), and Section 2.) (4sss) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE (18:1029(a)(2) and (b)(2). (5) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE (TITLE 18, USC, SECTIONS 1029(a) (2) and (b) (2).) (5s) Docket as of December 13, 2001 10:00 pm Page 3 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS - (Title 18 U.S.C. Section 1028(a)(7), (b)(1), (b)(4), (c)(3), & (f), and Section 2.) (5sss) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE (18USC1029(a)(2) and (b)(2) and 2. (6) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE (18:1029(a) (2) and (b) (2) and (2).) (6s) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE - (Title 18 U.S.C. Section 1029(a)(2) & (b)(1), and Section 2.) (6sss) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE (7ss - 8ss) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE - (Title 18 U.S.C. Section 1029(a)(5) & (b)(1), and Section 2.) (7sss) Offense Level (opening): 4 Terminated Counts: Disposition 18:2339A.F TERRORIST ACTIVITY (TITLE 18 USC, SECTIONS 2339A and 2) (2) Offense Level (disposition): 4 Docket as of December 13, 2001 10:00 pm Page 4 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al Complaints: NONE ======================== Case Assigned to: Judge John F. Keenan ABDEL GHANI MESKINI (2) Isabelle A. Kirschner aka [COR LD NTC cja] Eduardo Rocha 41 Madison Avenue defendant New York, NY 10010 (212)689-9686 Isabelle Kirshner [COR LD NTC cja] Law offices of Isabelle Kirshner 570 Lexington Avenue New York, NY 10022 212-446-2347 Pending Counts: Disposition 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1s) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1ss - 2ss) 18:2339A.F TERRORIST ACTIVITY (18:2339A and 2) (2) 18:2339A.F TERRORIST ACTIVITY (2s) 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (18:1028(a)(2), (b)(1), (b)(4), (c)(1), (c)(3) and (f).) (3) 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (3s) Docket as of December 13, 2001 10:00 pm Page 5 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (3ss - 4ss) 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (18:1028(a)(2), (b)(1), (b)(4), (c)(3) and (f) and 2.) (4) 18:1028A.F FRAUD WITH IDENTIFICATION DOCUMENTS (4s - 6s) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE (18:10299(a)(2) and (b)(2).) (5) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE (5ss - 6ss) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE (18; 1029(a)(2)and (b)(2) and 2.) (6) 18:1029A.F PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE (7s - 8s) 18:1344A.F BANK FRAUD (7ss) 18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC. (8ss) 18:1344A.F BANK FRAUD (9s) Offense Level (opening): 4 Terminated Counts: NONE Complaints: Docket as of December 13, 2001 10:00 pm Page 6 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al NONE U. S. Attorneys: David N. Kelley (212) 637-1025 [COR LD NTC] United States Attorney's Office Southern District of New York Mary Jo White, US Attorney 1 St. Andrew's Plaza New York, NY 10007 (212) 791-1131 Docket as of December 13, 2001 10:00 pm Page 7 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 1/6/00 1 SEALED INDICTMENT as to Mokhtar Haouari (1) count(s) 1, 2, 3, 4, 5, 6 (jm) [Entry date 01/21/00] 1/13/00 3 (S1) SUPERSEDING INDICTMENT as to Mokhtar Haouari (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, Abdel Ghani Meskini (2) count(s) 1, 2, 3, 4, 5, 6 Arrest warrant issued for Mokhtar Haouari. (jm) [Entry date 01/21/00] [Edit date 08/15/00] 1/19/00 2 ORDER as to Mokhtar Haouari, Unsealing Original Indictment and S1 Superseding Indictment ( Signed by Magistrate Judge Sharon E. Grubin ); Copies mailed. (jm) [Entry date 01/21/00] [Edit date 01/21/00] 1/19/00 -- Indictment unsealed as to Mokhtar Haouari (jm) [Entry date 01/21/00] 1/20/00 -- First Appearance as to Abdel Ghani Meskini held. (sl) [Entry date 01/24/00] 1/20/00 -- Arraignment as to Abdel Ghani Meskini held Abdel Ghani Meskini (2) count(s) 1, 2, 3, 4, 5, 6. Deft present w/atty Thau. AUSA Maringer present. Deft pleads not guilty. Continued detained. Case assigned to Judge Keenan of all purposes. (before Magistrate Judge Sharon E. Grubin) (sl) [Entry date 01/24/00] 1/20/00 -- PLEA entered by Abdel Ghani Meskini . Court accepts plea. Not Guilty: Abdel Ghani Meskini (2) count(s) 1, 2, 3, 4, 5, 6 (sl) [Entry date 01/24/00] 1/20/00 -- CASE Assigned to Judge John F. Keenan (sl) [Entry date 01/24/00] 1/21/00 4 Filed Memo-Endorsement letter addressed to Judge Keenan from AUSA David N. Kelley as to Mokhtar Haouari, Abdel Ghani Meskini, time from 1/21/00 to 1/31/00 is excluded to Continue in Interests of Justice ( Signed by Judge John F. Keenan ); Copies mailed. (sl) [Entry date 01/24/00] 1/31/00 -- Pre-Trial Conference as to Abdel Ghani Meskini held before Judge Keenan. Deft present w/atty Roland Thau. AUSA David Kelley present. Next PTC 3/17/00 at 9:30 AM. Time excluded between 1/31/00 and 3/17/00. Detention continued. (sl) [Entry date 01/31/00] 1/31/00 -- Pre-Trial Conference as to Abdel Ghani Meskini set at 9:30 3/17/00 for Abdel Ghani Meskini (sl) [Entry date 01/31/00] 2/2/00 5 SEALED DOCUMENT as to Mokhtar Haouari, Abdel Ghani Meskini (da) [Entry date 02/02/00] 2/4/00 6 SEALED DOCUMENT as to Mokhtar Haouari, Abdel Ghani Meskini (da) [Entry date 02/04/00] Docket as of December 13, 2001 10:00 pm Page 8 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 2/7/00 7 LETTER filed as to Abdel Ghani Meskini From Roland Thau, Dated 2/4/00, Addressed to: Judge Keenan Re: requesting that your Honor inquir of the government whether it intends to offer Mr. Meskini's 12/20/99, uncounseled post-arrest statements at trial or whether it concedes that those statements were "poisonous fruits" of the government's failure to respect our client's rights under Rule 40(a). (mr) [Entry date 02/08/00] 2/7/00 8 LETTER addressed to Judge Keenan from David N. Kelley, Chief, Organized Crime and Terrorism, dated 2/3/00, filed by USA as to Abdel Ghani Meskini (S1 00 Cr. 15 -2) Re: submitted this letter to report to the Court and counsel on the status of the conditions under which the defendant Meskini is to be housed at the MCC. (bw) [Entry date 02/08/00] 2/7/00 -- Pre-Trial Conference as to Abdel Ghani Meskini held. Deft. Meskini present with atty Roland Thau. AUSA Kelley present. PTC held. Next conference: 3/17/00 at 9:30 (previously set). Deft. cont'd detained. (rg) [Entry date 02/08/00] 2/7/00 9 LETTER filed by USA as to Abdel Ghani Meskini From AUSA David N. Kelly, Dated 2/7/00, Addressed to: Judge Keenan Re: response to Mr. Thau's letter of 2/4/00. (sl) [Entry date 02/08/00] 3/7/00 10 TRANSCRIPT of record of proceedings as to Abdel Ghani Meskini before Judge Keenan. (mr) [Entry date 03/08/00] 3/17/00 -- Pre-Trial Conference as to Abdel Ghani Meskini (S1-00-Cr-15 -2) held. Defendant Meskini present with attorney Roland Thau. AUSA Kelley present. PTC held. Next PTC: 5-15-00 at 9:30 a.m. Time excluded between 3-17-00 and 5-15-00. Detention continued. ( Held before Judge Keenan ) (bw) [Entry date 03/20/00] 3/17/00 -- ORAL ORDER as to Abdel Ghani Meskini (S1 00 Cr. 15 -2). SET pre-trial conference for 9:30 a.m. 5/15/00 for Abdel Ghani Meskini. ( Entered by Judge John F. Keenan ) (bw) [Entry date 03/20/00] 4/26/00 11 Filed Memo-Endorsement on letter dated 4/25/00 to Judge Keenan signed by Roland Thau as to Abdel Ghani Meskini, requesting leave to serve and file motion by 5/2/00....So ordered. ( Signed by Judge John F. Keenan ); Copies mailed. (mr) [Entry date 04/26/00] Docket as of December 13, 2001 10:00 pm Page 9 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 5/2/00 13 MOTION by Abdel Ghani Meskini for discovery as set forth in counsel's affirmation, for an evidentiary hearing to test whether egregious governemnt misconduct requires the dismissal of the indictment as to him, for an order suppressing his postarrest statements and all tainted evidence derived from them (rg) [Entry date 05/03/00] 5/3/00 12 TRANSCRIPT of record of proceedings before Judge John F. Keenan as to Abdel Ghani Meskini (S1 00 Cr. 15 -2) for date of 3/17/00 9:30 a.m. (bw) [Entry date 05/03/00] 5/8/00 14 Filed Memo-Endorsement on letter addressed to Judge Keenan from AUSA David N. Kelley, dated 5/3/00, as to deft Abdel Ghani Meskini (S1 00 Cr. 15 -2). The Gov't requests a modification of the current motion schedule and proposes the following: Govt's response to motion due by 5/24/00, deft's reply due by 6/1/00. The Gov't also requests that the conference currently set for 5/15/00 be re-scheduled and that the period of time during which the motion is pending be excluded from the time within which trial must commence under the Speedy Trial Act, 18 U.S.C. Section 3161(h)(F); Judge endorsed - The conference is adjourned until June 7 at 4:30 p.m. Time is excluded under the Speedy Trial Act for the reasons set forth above. ( Signed on 5/5/00 by Judge John F. Keenan ); Copies mailed. (bw) [Entry date 05/09/00] 5/31/00 15 ORDER as to Abdel Ghani Meskini. The Court has received Deft's Notice of Motion, dated 5/2/00, and the Govt's 5/22/00 letter in response. The Court will conduct a hearing on 6/8/00 at 9:30 a.m. to address only the motion to suppress the Deft's post-arrest statements based on Deft's contention that he was not given his Miranda warnings. At the 6/8/00 Conference the Court will set a briefing schedule for the parties to address Deft's allegation that he was not presented in accordance with the F.R.C.P. The Court directs that Deft must sign the affidavit he submitted to this Court, which was submitted unsigned, no later than 6/6/00. The Court notes that although Deft's Notice of Motion indicated that a Memorandum of Law would be submitted on 5/3/00, no such Memorandum of Law has been submitted. The Court directs Mr. Thau to inform the Court no later than 6/2/00 as to whether he intends to submit a Memorandum of Law addressing the suppression issue. ( Signed on 5/30/00 by Judge John F. Keenan ); Copies mailed. (bw) [Entry date 05/31/00] [Edit date 05/31/00] 6/1/00 16 MEMORANDUM Of Law by Abdel Ghani Meskini in support of his [13-1] motion for discovery as set forth in counsel's affirmation, [13-2] motion for an evidentiary hearing to test whether egregious governemnt misconduct requires the dismissal of the indictment as to him, [13-3] motion for an order suppressing his postarrest statements and all tainted evidence derived from them. (bw) [Entry date 06/02/00] Docket as of December 13, 2001 10:00 pm Page 10 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 6/6/00 17 Affdavit signed by Abdel Ghani Meskini. (mr) [Entry date 06/07/00] 6/8/00 -- Pre-Trial Conference as to Abdel Ghani Meskini held. Defendant Meskini present with attorney Roland Thau. AUSA David Kelley present. PTC held. Next PTC 8-1-00 at 10:00 a.m. Time excluded between 6-8-00 and 8-1-00. Defendant remanded. ( Held before Judge Keenan ) (bw) [Entry date 06/09/00] 6/8/00 -- Pre-Trial Conference as to Abdel Ghani Meskini set at 10:00 a.m. 8/1/00. (bw) [Entry date 06/09/00] 6/9/00 18 AFFIDAVIT by Abdel Ghani Meskini. (mr) [Entry date 06/14/00] 6/29/00 19 Filed Memo-Endorsement on letter addressed to Judge Keenan from AUSA Robin L. Baker, dated 6/27/00, as to deft Abdel Ghani Meskini. The Gov't requests an extension until 7/6/00 to respond to deft's motion to suppress his post-arrest statements. The Gov't also has no objection to an adjournment of the suppression hearing which is currently scheduled for 8/1/00; Judge "So Ordered" request. ( Signed on 6/28/00 by Judge John F. Keenan ); Copies mailed. (bw) [Entry date 07/05/00] 7/6/00 20 ORDER as to Abdel Ghani Meskini. The Court has received Defendant's letter, dated June 30, 2000, requesting an adjournment of the suppression hearing presently scheduled for August 1, 2000. The hearing will be adjourned until September 18, 2000 at 10 a.m. pursuant to Defendant's request. Defendant's request for the Court to reconsider its May 31, 2000 Order is denied. ( Signed by Judge John F. Keenan ); Copies mailed. (bw) [Entry date 07/10/00] 7/6/00 -- Suppression hearing as to Abdel Ghani Meskini set at 10:00 a.m. 9/18/00. (bw) [Entry date 07/10/00] 7/10/00 21 MEMORANDUM Of Law by USA as to Abdel Ghani Meskini in opposition to [13-3] motion for an order suppressing his postarrest statements and all tainted evidence derived from them. (bw) [Entry date 07/11/00] 8/14/00 -- First Appearance as to Mokhtar Haouari held. (bw) [Entry date 08/15/00] 8/14/00 -- Arraignment as to Mokhtar Haouari held: Mokhtar Haouari (1) count(s) 1, 2, 3, 4, 5, 6, 1s, 2s, 3s, 4s, 5s, 6s. Defendant Haouari present with attorney. Daniel Ollen and French Interpreter. AUSA Kelley present. Defendant pleads Not Guilty. Suppression Hearing set for 9-18-00 at 10:00 a.m. Time excluded between 8-14-00 and 9-18-00. Defendant detained. ( Held before Judge John F. Keenan ) (bw) [Entry date 08/15/00] Docket as of December 13, 2001 10:00 pm Page 11 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 8/14/00 -- PLEA entered by Mokhtar Haouari. Court accepts plea. Not Guilty: Mokhtar Haouari (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s. (bw) [Entry date 08/15/00] 8/14/00 -- ORAL ORDER as to Mokhtar Haouari. Time excluded between 8-14-00 and 9-18-00. ( Entered by Judge John F. Keenan ) (bw) [Entry date 08/15/00] 8/14/00 -- Suppression hearing as to Mokhtar Haouari set at 10:00 a.m. 9/18/00. (bw) [Entry date 08/15/00] 8/15/00 22 CJA 23 Financial Affidavit as to Mokhtar Haouari. (mr) [Entry date 08/15/00] 9/18/00 -- Suppression hearing as to Mokhtar Haouari, Abdel Ghani Meskini held. Defendants Haouari and Meskin present with attorneys. French Interpreter present Haouari. AUSA Kelley present. Suppression hearing to continue on 9/19/00. Both defendants continued detained. (mr) [Entry date 09/21/00] 9/19/00 -- Suppression hearing as to Mokhtar Haouari, Abdel Ghani Meskini held. (mr) [Entry date 09/21/00] 9/20/00 -- Suppression hearing as to Mokhtar Haouari, Abdel Ghani Meskini held. Decision is reserved. PTC is scheduled for 10/26/00 at 10:00 am. Time excluded from 9/20/00 until 10/26/00. Both defendants continued detained. Time excluded from 9/20/00 until 10/26/00. Both defendants continued detained. (mr) [Entry date 09/21/00] 9/20/00 -- ORAL ORDER as to Mokhtar Haouari, Abdel Ghani Meskini , set pre-trial conference for 10:00 10/26/00 for Mokhtar Haouari, for Abdel Ghani Meskini, and Time excluded from 9/20/00 until 10/26/00 to Continue in Interests of Justice ( Entered by Judge John F. Keenan ) (mr) [Entry date 09/21/00] 9/22/00 23 ORDER as to Mokhtar Haouari, that the CJA attorney assigned to receive cases on this day, Daniel Ollen, Esq. is hereby ordered to assume representation of the defendant in the matter. ( Signed by Judge John F. Keenan ); Copies mailed. (rg) [Entry date 09/25/00] 10/16/00 24 Post-Hearing MEMORANDUM by USA in opposition to defendant Abdel Ghani Meskini's motion to suppress. (bw) [Entry date 10/18/00] 10/24/00 26 (S2) SUPERSEDING INDICTMENT as to Mokhtar Haouari (1) count(s) 1ss, 2ss, 3ss, 4ss-6ss, 7ss-8ss, Abdel Ghani Meskini (2) count(s) 1s, 2s, 3s, 4s-6s, 7s-8s, 9s (rg) [Entry date 10/31/00] Docket as of December 13, 2001 10:00 pm Page 12 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 10/25/00 25 OPINION and ORDER # 84729 as to Abdel Ghani Meskini. Defendant Abdel Ghani Meskini moves to suppress statements that he made to law enforcement personnel on 12/30/99. He argues that his post-arrest statements should be suppressed because (1) they were not voluntary, (2) his presentment some 30 hours after his arrest violated Rule 5(a) of the F.R.C.P. and Title 18, U.S.C., Section 3501, and (3) his presentment in the Southern District of New York, rather than the Eastern District of New York, violated Rule 40(a) of the F.R.C.P. An evidentiary hearing was held on 9/18/00. Mr. Meskini's statements were rendered voluntarily and were all made in accord with his constitutional rights. The motion to suppress is denied in all respects. ( Signed on 10/25/00 by Judge John F. Keenan ); Copies mailed. [refer to Motion, doc.#13] (bw) [Entry date 10/25/00] 10/26/00 -- Pre-Trial Conference as to Mokhtar Haouari, Abdel Ghani Meskini held. Defendant Mokhtar Haouari present with attorney Daniel Ollen and French Interpreter. AUSA Robin Baker present. Defendant pleads not guilty. Detention continued. Defendant Abdel Ghani Meskini present with attorney Roland Thau. Defendant pleads not guilty. Detention continued. As to both defendants: Next PTC set for 11/9/00 at 9:30. Time excluded from 10/26/00 until 11/09/00. Trial date fixed: 4/17/01 at 10:00 am. (mr) [Entry date 11/02/00] [Edit date 11/02/00] 10/26/00 -- ORAL ORDER as to Mokhtar Haouari, Abdel Ghani Meskini , set pre-trial conference for 9:30 11/9/00 for Mokhtar Haouari, for Abdel Ghani Meskini ( Entered by Judge John F. Keenan ) (mr) [Entry date 11/02/00] 11/9/00 -- Pre-Trial Conference as to Mokhtar Haouari, Abdel Ghani Meskini held. Both defendants present with attorneys. French interpreter present for deft. Haouari. AUSA Kelley present. All motions by January 17, 2001. Trial date remains April 17, 2001. T/E between 11/9/00 and 4/17/01. Both defendants cont'd detained. (rg) [Entry date 11/13/00] 11/9/00 -- Jury trial as to Mokhtar Haouari, Abdel Ghani Meskini set at 4/17/01 for Mokhtar Haouari, for Abdel Ghani Meskini (rg) [Entry date 11/13/00] 11/13/00 27 TRANSCRIPT of record of proceedings as to Mokhtar Haouari, Abdel Ghani Meskini for dates of September 18,19,20,21,22,25, 2000. (kg) [Entry date 11/13/00] Docket as of December 13, 2001 10:00 pm Page 13 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 11/14/00 28 Filed Memo-Endorsement on letter addressed to Judge Keenan from AUSA Robin L. Baker, dated 11/9/00, as to defts Mokhtar Haouari, Abdel Ghani Meskini. The Gov't submits this letter to ask the Court to direct the court reporters' office to correct two errors in the transcript of the pre-trial conference that was held in this case on 10/26/00; JUDGE ENDORSED - The Court directs that the transcript of the October 26, 2000 pre-trial conference in this case be corrected in accordance with the suggestions in this letter. ( Signed by Judge John F. Keenan ); Copies mailed. (bw) [Entry date 11/15/00] 12/5/00 29 TRANSCRIPT of record of proceedings as to Mokhtar Haouari, Abdel Ghani Meskini for dates of 10/26/00. (db) [Entry date 12/05/00] 12/11/00 -- Pre-Trial Conference as to Mokhtar Haouari, Abdel Ghani Meskini held before Judg Keenan. Defendants present with attorneys. French Int. present for deft Haouari. AUSA Kelly present. Trial date remains 4/7/01. Both defts continued detained. (sl) [Entry date 12/11/00] 12/18/00 30 MOTION by Mokhtar Haouari for an Order, pursuant to Rule 14 of the Federal Rules of criminal Procedure, granting a severance of his trial from that of his co-deft. Abdel Ghani Meskini. Filed in night deposit box on 12/18/00 at 3:15 p.m. (mb) [Entry date 12/19/00] 12/18/00 31 Memorandum of Law by Mokhtar Haouari in support of [30-1] motion for an Order, pursuant to Rule 14 of the Federal Rules of criminal Procedure, granting a severance of his trial from that of his co-deft. Abdel Ghani Meskini. Filed in night deposit on 12/18/00 at 3:15 p.m. (mb) [Entry date 12/19/00] 12/19/00 32 MOTION by USA as to Mokhtar Haouari, Abdel Ghani Meskini for order severing the trials of defendants (sl) [Entry date 12/20/00] 12/19/00 33 MEMORANDUM by USA as to Mokhtar Haouari, Abdel Ghani Meskini in support of [32-1] motion for order severing the trials of defendants (sl) [Entry date 12/20/00] 12/28/00 34 TRANSCRIPT of record of proceedings as to Mokhtar Haouari, Abdel Ghani Meskini for dates of 11/9/00. (sl) [Entry date 12/28/00] Docket as of December 13, 2001 10:00 pm Page 14 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 1/5/01 35 Filed Memo-Endorsement on letter dated 1/4/01 to Judge Keenan signed by Roland Thua as to Mokhtar Haouari, Abdel Ghani Meskini, requesting an extension of time from today's due-date to tuesday, 1/9/01, to serve and file their motions....The Government's and Mr. Haouari's Reply Memoranda to Mr. Meskini's Opposition to severance and the Government's Motion to try Mr. Meskini before Mr. Haouari are now due 1/16/01. The Government's opposition to Mr. Meskini's Motion to suppress is now due 1/30/01, and Mr. Meskini's reply is due 1/6/01. ( Signed by Judge John F. Keenan ); Copies mailed. (mr) [Entry date 01/08/01] 1/11/01 36 Filed Memo-Endorsement on letter addressed to Judge Keenan from Legal Aid Attorney Roland Thau, dated 1/11/01, as to defts Mokhtar Haouari, Abdel Ghani Meskini. Mr. Thau writes, with the consents of the gov't and Mr. Daniel J. Ollen (counsel for Mr. Haouari), to request until 1/16/01 to serve and file their response to the govt's and the co-deft's motions for severance and their own motion for suppression of the fruits of electronic surveillance; JUDGE ENDORSED - The extension is granted; all related deadlines are also extended one week. This is the final extension that will be granted. So Ordered. ( Signed by Judge John F. Keenan ); Copies mailed. (bw) [Entry date 01/12/01] 1/16/01 37 MEMORANDUM by Abdel Ghani Meskini in opposition to [32-1] motion for order severing the trials of defendants, [30-1] motion for an Order, pursuant to Rule 14 of the Federal Rules of criminal Procedure, granting a severance of his trial from that of his co-deft. Abdel Ghani Meskini. (sl) [Entry date 01/17/01] 1/17/01 38 MOTION by Abdel Ghani Meskini to suppress the fruits of electronic surveillance conducted of his telephones and leads therefrom pursuant to the Foreign Intelligence Surveillance Act and for discovery of the evidence presented in support of all applications for authorizations to conduct such surveillance. (mr) [Entry date 01/18/01] 1/17/01 39 Preliminary MEMORANDUM OF LAW by Abdel Ghani Meskini in support of [38-1] motion to suppress the fruits of electronic surveillance conducted of his telephones and leads therefrom pursuant to the Foreign Intelligence Surveillance Act and for discovery of the evidence presented in support of all applications for authorizations to conduct such surveillance. (bw) [Entry date 01/18/01] 2/6/01 40 Document placed under seal. (bw) [Entry date 02/06/01] [Edit date 02/14/01] 2/6/01 41 Document placed under seal. (bw) [Entry date 02/06/01] [Edit date 02/14/01] Docket as of December 13, 2001 10:00 pm Page 15 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 2/7/01 -- Pretrial Conference as to Abdel Ghani Meskini held. Deft Meskini present with atty Roland Thau. AUSA Kelley present. PTC held. Oral argument is set for 2-13-01 at 2:15 p.m. for both defts. Deft Meskini continued detained. ( Held before Judge Keenan ) (bw) [Entry date 02/07/01] 2/7/01 -- ORAL ORDER as to Mokhtar Haouari, Abdel Ghani Meskini. SET status conference (Oral Argument) set for 2:15 p.m. 2/13/01 for Mokhtar Haouari, for Abdel Ghani Meskini. ( Entered by Judge John F. Keenan ) (bw) [Entry date 02/07/01] 2/8/01 42 TRANSCRIPT of record of proceedings as to Mokhtar Haouari, Abdel Ghani Meskini for dates of 12/11/00. (tp) [Entry date 02/08/01] 2/13/01 44 SEALED DOCUMENT as to Abdel Ghani Meskini (afo) [Entry date 02/15/01] 2/13/01 -- CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Abdel Ghani Meskini : Appointment of Attorney Isabelle Kirshner ( Signed by Judge John F. Keenan ) (tr) [Entry date 04/09/01] 2/14/01 43 SEALED DOCUMENT as to Mokhtar Haouari, Abdel Ghani Meskini (af) [Entry date 02/14/01] 2/21/01 45 SEALED DOCUMENT as to Abdel Ghani Meskini (da) [Entry date 02/23/01] 2/21/01 46 SEALED DOCUMENT as to Abdel Ghani Meskini (da) [Entry date 02/23/01] 3/1/01 47 TRANSCRIPT of record of proceedings as to Abdel Ghani Meskini for dates of 1/23/01 before Judge Keenan. (mr) [Entry date 03/02/01] 3/7/01 48 WAIVER OF INDICTMENT by Abdel Ghani Meskini (sl) [Entry date 03/07/01] 3/7/01 49 (S3) SUPERSEDING INFORMATION as to Abdel Ghani Meskini (2) count(s) 1ss-2ss, 3ss-4ss, 5ss-6ss, 7ss, 8ss (sl) [Entry date 03/07/01] 3/7/01 -- Arraignment as to Abdel Ghani Meskini held Abdel Ghani Meskini (2) count(s) 1ss-2ss, 3ss-4ss, 5ss-6ss, 7ss, 8ss before Judge Loretta A. Preska. Deft present with attorneys. Roland Thau & Isabella Kirshner. AUSA David Kelley present. Deft withdraws previous plea of not guilty and pleads GUILTY to #S3 00CR15. Court accepts plea. PSI ordered. Sentencing date 7/11/01 at 9:30. Deft detained. (sl) [Entry date 03/07/01] Docket as of December 13, 2001 10:00 pm Page 16 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 3/7/01 -- PLEA entered by Abdel Ghani Meskini . Court accepts plea. Guilty: Abdel Ghani Meskini (2) count(s) 1ss-2ss, 3ss-4ss, 5ss-6ss, 7ss, 8ss (sl) [Entry date 03/07/01] 3/7/01 -- Court Orders pre-sentence investigation as to Abdel Ghani Meskini (sl) [Entry date 03/07/01] 3/7/01 -- Sentencing set for 9:30 7/11/01 for Abdel Ghani Meskini , Abdel Ghani Meskini (2) count(s) 1ss-2ss, 3ss-4ss, 5ss-6ss, 7ss, 8ss (sl) [Entry date 03/07/01] 3/15/01 -- Pretrial Conference as to Mokhtar Haouari held. Deft. Mokhtar Haouari present with atty Daniel Ollen and French Int. AUSA David Kelley present. Trial is adjourned to April 30, 2001 at 10:00 a.m. T/E between 3/15/01 and 4/30/01. Detention cont'd. (rg) [Entry date 03/15/01] 3/15/01 -- Jury trial as to Mokhtar Haouari set at 10:00 4/30/01 for Mokhtar Haouari (rg) [Entry date 03/15/01] 3/22/01 50 Filed Memo-Endorsement on letter addressed to Judg Keenan from Isabelle Kirshner atty to Abdel Ghani Meskini, request permission to travel. So Ordered ( Signed by Judge John F. Keenan ); Copies mailed. (sl) [Entry date 03/22/01] 4/2/01 51 MOTION by Mokhtar Haouari for an order suppressing information relating to this case which was obtained through the use of electronic surveillance. Return date not specified. (bw) [Entry date 04/03/01] 4/2/01 52 MEMORANDUM OF LAW by Mokhtar Haouari in support of [51-1] motion for an order suppressing information relating to this case which was obtained through the use of electronic surveillance. (bw) [Entry date 04/03/01] 4/4/01 53 ORDER as to Abdel Ghani Meskini, The C.J.A. attorney assigned to receive cases on this day, Isabelle Kirshner is hereby ordered to assume representation of the defendant in the above captioned matter. ( Signed by Judge John F. Keenan ); Copies mailed. (mr) [Entry date 04/05/01] 4/9/01 54 ORDER as to Mokhtar Haouari. Deft moves, pursuant to 50 U.S.C. Section 1806(e), for an Order suppressing information relating to this case which was obtained through the use of electronic surveillance. ... It is ordered that the Sealed Exhibit and the affidavit of Assistant FBI Director Dale L. Watson be forthwith delivered to this Court for an ex parte, in camera, review so that the Court may appropriately study the documents in order to rule on this motion. ( Signed by Judge John F. Keenan ); Copies mailed. (bw) [Entry date 04/10/01] Docket as of December 13, 2001 10:00 pm Page 17 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 4/11/01 55 (S4) SUPERSEDING INDICTMENT as to Mokhtar Haouari (1) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss. (bw) [Entry date 04/12/01] 4/12/01 56 ORDER as to Mokhtar Haouari. Pursuant to my order of 4/9/01, the Govt has submitted to me the classified materials relating to the Foreign Intelligence Surveillance Act ("FISA"), 50 U.S.C. Sections 1801 et seq., applications and orders in this matter. The Court has reviewed all this material ex parte, in camera, including the affidavit of Assistant FBI Director Dale L. Watson. On 12/21/99, U.S.D.J. Royce C. Lamberth, Chief Judge of the Foreign Intelligence Surveillance Court, signed a FISA application authorizing surveillance of telephone number (718) 421-1118. This is the telephone number over which the conversation, the subject of this motion to suppress, allegedly between Abdelghani Meskini and this deft was intercepted. The application to Judge Lamberth was proper and, in all respects, in compliance with the provisions of FISA. Subsequently, on 12/26/99, U.S.D.J. James C. Cacheris, then a member of the U.S. Foreign Intelligence Surveillance Court, signed an order providing "that the Office of Intelligence Policy and Review, U.S. Dept of Justice, is authorized to direct the FBI to disseminate foreign intelligence information obtained or derived from the electronic surveillance of ... Edwardo Rocha ..., ..., to: (1) the Joint Terrorism Task Force in New York ... (2) the Criminal Division of the U.S. Dept of Justice; (3) the U.S. Attorney's Office for the S.D.N.Y.; ...." Investigation revealed that Edwardo Rocha was, in fact, Abdelghani Meskini. Because the order authorizing the intercept was valid under FISA and Judge Cacheris' December 26th order disseminating the information to federal criminal investigators was appropriate, the motion to suppress the December 22, 1999 conversation is denied in all respects. ( Signed by Judge John F. Keenan ); Copies mailed. (bw) [Entry date 04/13/01] 4/16/01 -- Arraignment as to Mokhtar Haouari held Mokhtar Haouari (1) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss before Judge John F. Keenan. Defendant present with atty Daniel Ollen and French Int. AUSA Joseph Bianco present. Deft. pleads not guilty. Trial is adjourned to June 26, 2001 at 10:00 a.m. T/E between 4/30/01 and 6/26/01. Deft. cont'd detained. (rg) [Entry date 04/16/01] 4/16/01 -- PLEA entered by Mokhtar Haouari . Court accepts plea. Not Guilty: Mokhtar Haouari (1) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss (rg) [Entry date 04/16/01] 4/16/01 -- Jury trial as to Mokhtar Haouari set at 10:00 6/26/01 for Mokhtar Haouari (rg) [Entry date 04/16/01] Docket as of December 13, 2001 10:00 pm Page 18 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 5/7/01 57 TRANSCRIPT of record of proceedings as to Abdel Ghani Meskini for dates of 3/7/01 before Judge Preska. (rg) [Entry date 05/07/01] 5/18/01 58 MEMORANDUM OPINION # 85628 as to Mokhtar Haouari, The probative value of the proffered evidence far exceeds the prejudicial effect under FRE 403 and the evidence will be admitted under a proper limiting instruction if such is requested. ( Signed by Judge John F. Keenan ); Copies mailed. (rg) [Entry date 05/22/01] 5/21/01 59 Proposed Examination of Jurors by USA as to Mokhtar Haouari (rg) [Entry date 05/22/01] 5/30/01 60 MOTION by USA as to Mokhtar Haouari to take deposition pursuant to Rule 15 of the Federal Rules of Criminal Procedures and for the issuance of a supplemental letter rogatory. (mr) [Entry date 05/31/01] 6/4/01 61 ORDER as to Mokhtar Haouari. Upon consideration of the motion by the U.S.A. for an order: (1) pursuant to Rule 15 of the F.R.C.P., authorizing the U.S. to take the deposition in Paris, France, of Nasr Eddine Helal to preserve his testimony for use at the trial of U.S. v. Mokhtar Haouari, S4-00-Cr-15(JFK), which is scheduled to begin on 6/26/01; and (2) issuing a supplemental letter rogatory directed to the appropriate judicial authorities in France, asking those authorities (a) to compel Helal to appear in Paris, France, so that his testimony may be taken and recorded, (b) to place Helal under oath and to take and record his testimony in a manner designed to make that testimony admissible as evidence at the trial of U.S. v. Mokhtar Haouari, and (c) to provide certain documents and other evidence, IT IS HEREBY ORDERED that the motion is granted; and IT IS FURTHER ORDERED that the supplemental letter rogatory be submitted to the Court in duplicate, one original to be retained in the Court's files and the other original to be signed by the Court and delivered to A.U.S.A. Robin L. Baker for translation and transmittal through suitable channels to the appropriate judicial authorities in France. ( Signed by Judge John F. Keenan ); Copies mailed. [ refer to Motion, doc.#60 ] (bw) [Entry date 06/05/01] [Edit date 06/05/01] 6/26/01 62 Remark by Mokhtar Haouari as to Mokhtar Haouari. Court Ex. #1 on 6/26/01. The defendant hereby waives the venue requirement with respect to count 2 and agrees to be prosecuted on that count in the Southern District of New York. (ph) [Entry date 06/28/01] Docket as of December 13, 2001 10:00 pm Page 19 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 6/26/01 -- Voir dire begun as to Mokhtar Haouari (1) count(s) 1sss, 1ss, 1s, 1, 2sss, 2ss, 2s, 2, 3sss, 3ss, 3s, 3, 4sss, 4ss-6ss, 4s, 4, 5sss, 5s, 5, 6sss, 6s, 6, 7sss, 7ss-8ss Terminated motions: terminating [51-1] motion for an order suppressing information relating to this case which was obtained through the use of electronic surveillance. as to Mokhtar Haouari (1), terminating [30-1] motion for an Order, pursuant to Rule 14 of the Federal Rules of criminal Procedure, granting a severance of his trial from that of his co-deft. Abdel Ghani Meskini. as to Mokhtar Haouari (1). Deft. present with atty Daniel Ollen and French Int. AUSA Joseph Bianco present. Trial begins. Jury selection. Deft. cont'd detained. (rg) [Entry date 06/29/01] [Edit date 06/29/01] 6/26/01 -- Jury trial as to Mokhtar Haouari begun (rg) [Entry date 06/29/01] 6/27/01 -- Jury trial as to Mokhtar Haouari held (rg) [Entry date 06/29/01] Docket as of December 13, 2001 10:00 pm Page 20 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 6/28/01 63 ORDER as to Mokhtar Haouari, IT IS HEREBY ORDERED pursuant to Rule 16(d) of the Federal Rules of Criminal Procedure that the Ressam 3500 material produced to the defense in this case shall not be further disseminated by the defendant or his counsel to any individuals, organizations or other entities, other than: (i) members of the defense team (co-counsel, paralegals, investigators, translators and secretarial staff); and (ii) experts retained to assist in the preparation of the defense. Each of the individuals to whom disclosure is made pursuant to the above provision shall be provided a copy of this protective order and will be advised that he or she shall not further disseminate the materials except by the express direction of counsel of record. In addition, the attorneys of record for the defendant may show (but not provide copies of ) any of such discovery materials to witnesses or potential witnesses, if an attorney of record for the defendant determines that it is necessary to do so for the purpose of preparing the defense of the case;, and IT IS FURTHER ORDERED that all the Ressam 3500 material is to be provided to the defense, and used by the defense, solely for the purpose of allowing the defendant to prepare his defense and that none of the materials produced by the Government to the defense shall be disseminated to, or discussed with, the media;, and IT IS FURTHER ORDERED that none of the Ressam 3500 material produced by the Government to the defense shall be disseminated to, or discussed with, the media by the Government;, and IT IS FURTHER ORDERED that nothing in this Order prohibits the media from obtaining copies of any items that become public exhibits at any conference, hearing, trial or other proceeding;, and IT IS FURTHER ORDERED that nothing in this Order in any way releases counsel for the Government or counsel for the defense from the obligations of the "Free Press-Fair Trial Directives" of Local Rule 23.1 of the Local Criminal Rules of the Southern District of New York;, and IT IS FURTHER ORDERED that nothing in this Order shall preclude the Government from seeking a further protective order pursuant to Rule 16(d) as to particular items of Ressam 3500 material. ( Signed by Judge John F. Keenan ); Copies mailed. (ph) [Entry date 06/28/01] 6/28/01 -- Jury trial as to Mokhtar Haouari held (rg) [Entry date 06/29/01] 6/29/01 64 LETTER filed as to Mokhtar Haouari From defense attorney Daniel J. Ollen, Dated June 12, 2001, Addressed to: Judge Keenan Re: requesting the Court to ask questions, attached hereto, of all prospective jurors, as well as instruct the jury to the presumption of innocence and the Government's burden of proof. (jb) [Entry date 06/29/01] 6/29/01 65 Proposed Examination of Jurors by USA as to Mokhtar Haouari (jb) [Entry date 06/29/01] Docket as of December 13, 2001 10:00 pm Page 21 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 6/29/01 66 Request to Charge by USA (ac) [Entry date 07/02/01] 6/29/01 -- Jury trial as to Mokhtar Haouari held. Deft present with Atty Daniel Ollen and French Interpreter. AUSA Bianco present. Trial continues. Detention continued. (ac) [Entry date 07/03/01] 7/2/01 -- Jury trial as to Mokhtar Haouari held (ac) [Entry date 07/03/01] 7/3/01 -- Jury trial as to Mokhtar Haouari held (ac) [Entry date 07/03/01] 7/5/01 -- Jury trial as to Mokhtar Haouari held. Deft. present with attorney Daniel Ollen and French Interpretor. AUSA Bianco present. Trial continues. Deft. cont'd detained. (jb) [Entry date 07/10/01] 7/6/01 -- Jury trial continues as to Mokhtar Haouari held (jb) [Entry date 07/10/01] 7/10/01 -- Jury trial continues as to Mokhtar Haouari held (jb) [Entry date 07/10/01] 7/11/01 -- Jury trial as to Mokhtar Haouari held. Dft pres w/atty Daniel Ollen and French interpreter. AUSA Bianco pres. Trial continues. Count 7 is dismissed by the Court. (ja) [Entry date 07/13/01] [Edit date 07/13/01] 7/11/01 -- Jury trial as to Mokhtar Haouari continued to 7/12/01 for Mokhtar Haouari. (ja) [Entry date 07/13/01] 7/12/01 -- Jury trial as to Mokhtar Haouari held. Jury deliberations begin. (ja) [Entry date 07/13/01] 7/12/01 -- Jury trial as to Mokhtar Haouari continued to 7/13/01 for Mokhtar Haouari. (ja) [Entry date 07/13/01] 7/13/01 -- Jury trial as to Mokhtar Haouari held. Jury deliberations continue and conclude. Dft is found guilty on Counts: 1,3,4,5 and 6. Dft is found not guilty on Count 2. PSI ordered. Sentencing date: 10/17/01 @ 9:30 a.m. Dft cont'd detained. (ja) [Entry date 07/13/01] 7/13/01 -- Jury trial as to Mokhtar Haouari concluded. (ja) [Entry date 07/13/01] 7/13/01 -- JURY VERDICT as to Mokhtar Haouari Guilty: Mokhtar Haouari (1) count(s) 1sss, 3sss, 4sss, 5sss, 6sss. (ja) [Entry date 07/13/01] 7/13/01 -- Sentencing set for 9:30 10/17/01 for Mokhtar Haouari, Mokhtar Haouari (1) count(s) 1sss, 3sss, 4sss, 5sss, 6sss. Docket as of December 13, 2001 10:00 pm Page 22 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al (ja) [Entry date 07/13/01] 7/13/01 -- Court Orders pre-sentence investigation as to Mokhtar Haouari. (ja) [Entry date 07/13/01] 7/13/01 -- JURY VERDICT as to Mokhtar Haouari Not Guilty: Mokhtar Haouari (1) count(s) 2. (ja) [Entry date 07/16/01] 7/23/01 67 ORDER as to Mokhtar Haouari, set scheduling order deadlines: Motion Filing to 7/27/01 for Mokhtar Haouari ; Response to motion deadline 8/10/01 for USA ; Reply to response to motion deadline 8/17/01 for Mokhtar Haouari ; ( Signed by Judge John F. Keenan ); Copies mailed. (ac) [Entry date 07/25/01] 8/1/01 68 Filed Memo-Endorsement on letter to Judge Keenan dated 7/27/01 from Daniel J. Ollen as to Mokhtar Haouari, requesting a one week extension of time to submit post-trial motions...Application granted. So ordered. ( Signed by Judge John F. Keenan ); Copies mailed. (ph) [Entry date 08/01/01] 8/3/01 69 MOTION by Mokhtar Haouari for Judgment of Acquittal . (ph) [Entry date 08/06/01] 8/13/01 70 Filed Memo-Endorsement on letter dated 08/08/01 from AUSA Robin Baker to Judge Keenan as to Mokhtar Haouari, reset scheduling order deadlines: Response to motion deadline 8/14/01 for USA ; Reply to response to motion deadline 8/21/01 for Mokhtar Haouari ;...Application Granted. So Ordered. ( Signed by Judge John F. Keenan ); Copies mailed. (ac) [Entry date 08/14/01] 8/14/01 71 MEMORANDUM by USA as to Mokhtar Haouari in opposition to [69-1] motion for Judgment of Acquittal (jb) [Entry date 08/15/01] 9/6/01 72 ORDER as to Mokhtar Haouari, in view of the letter received yesterday from Assistant United States Attorney Robin L. Baker, the Court directs that Mr. Ollen, counsel for Mr. Haouari, advise the Court by September 19, 2001 of any action that the defense believes the Court should take as a result of the disclosures in the letter. (Signed by Judge John F. Keenan); Copies mailed. (jb) [Entry date 09/07/01] 9/28/01 73 MEMORANDUM OPINION # 86131 AND ORDER as to Mokhtar Haouari denying [69-1] motion for Judgment of Acquittal or a new trial as to Mokhtar Haouari (1) ( Signed by Judge John F. Keenan ); Copies mailed. (ph) [Entry date 10/01/01] [Edit date 10/01/01] Docket as of December 13, 2001 10:00 pm Page 23 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 10/9/01 74 ORDER as to Mokhtar Haouari, The Court has read the Government's letter and has contacted defense counsel. The Court has given defense counsel ample time to respond. The Court sees no reason to reverse its opinion of April 9, 2001, regarding minimization. SO ORDERED. (Signed by Judge John F. Keenan); Copies mailed. (ja) [Entry date 10/10/01] 10/12/01 75 Filed Memo-Endorsement on letter dated 10/8/01 as to Mokhtar Haouari, from Daniel J. Ollen, Atty for the defendant, to Judge Keenan, re: reset Sentencing for 9:30 11/8/01 for Mokhtar Haouari. Sentencing is scheduled for 11/8/01 at 9:30. SO ORDERED. (Signed Judge John F. Keenan ); Copies mailed. (ja) [Entry date 10/12/01] 10/19/01 76 ORDER as to Mokhtar Haouari, The Court is in receipt of the Government's October 17, 2001 letter related to witness Ahmed Ressam. In the event Mr. Ollen wishes to take any action with regard to the information contained in that letter, he is to serve notice on the Government and the Court of such intention no later than 1 p.m. on Monday October 29, 2001. (Signed by Judge John F. Keenan); Copies mailed. (jb) [Entry date 10/19/01] 11/1/01 77 Filed Memo-Endorsement on letter dated 10/26/01 from Daniel Ollen to Judge Keenan as to Mokhtar Haouari, reset scheduling order deadlines: Motion Filing to 11/13/01 for Mokhtar Haouari ;, and reset Sentencing for 9:30 12/17/01 for Mokhtar Haouari...Deft shall submit his motion on 11/13/01. The Govt shall respond to this motion by 11/26/01. Should the Deft choose to reply to this submission, he must do so by 12/03/01. Sentencing is adjourned to 12/17/01 at 9:30am. So Ordered. ( Signed by Judge John F. Keenan ); Copies mailed. (ac) [Entry date 11/01/01] 11/1/01 -- ORAL ORDER as to Mokhtar Haouari , set scheduling order deadlines: Reply to response to motion deadline 12/3/01 for Mokhtar Haouari ; Response to motion deadline 11/26/01 for USA ; ( Entered by Judge John F. Keenan ) (ac) [Entry date 11/01/01] 11/5/01 78 LETTER filed by USA as to Mokhtar Haouari From AUSA Robin L. Baker, Dated 10/17/01, Addressed to: Daniel J. Ollen Re: Cooperating witness Ahmed Ressam. (ph) [Entry date 11/06/01] 11/16/01 79 Filed Memo-Endorsement on letter to Judge Keenan dated 11/9/01 from Daniel J. Ollen as to Mokhtar Haouari, requesting an extension of time until 11/21/01 to file a motion for a new trial...The application is granted. The sentence date of 12/17/01 remains unchanged. SO ORDERED. ( Signed by Judge John F. Keenan ); Copies mailed. (ph) [Entry date 11/16/01] Docket as of December 13, 2001 10:00 pm Page 24 Proceedings include all events. 1:00cr15-ALL USA v. Haouari, et al 11/21/01 80 MEMORANDUM by Mokhtar Haouari in support of the defendant's motion for a new trial. (ph) [Entry date 11/26/01] 12/6/01 81 MEMORANDUM by USA as to Mokhtar Haouari in opposition to DEFENDANT'S MOTION, PURSUANT TO RULE 33 OF THE FEDERAL RULE OF CRIMINAL PROCEDURE, FOR A NEW TRIAL. (jb) [Entry date 12/07/01] 12/10/01 83 Filed Memo-Endorsement on letter dated 12/6/01, as to Mokhtar Haouari, from Robin L. Baker, AUSA, to Judge Keenan, re: requesting permission, nunc pro tunc, to serve and file the Government's Memorandum of Law in Opposition to Defendant's Motion, Pursuant to Rule 33 of the FRCP, for a new trial. Permission to file this Memorandum nunc pro tunc is granted. SO ORDERED. (Signed by Judge John F. Keenan ); Copies mailed. (ja) [Entry date 12/12/01] 12/11/01 82 MEMORANDUM OPINION # 86338 as to Mokhtar Haouari, set Sentencing for 12/17/01 at 9:30 a.m., and the motion (pursuant to Rule 33 of the Federal Rules of Criminal Procedure, for a new trial) is denied. Sentence will go forward on 12/17/01 at 9:30 a.m., as scheduled. ( Signed by Judge John F. Keenan ); Copies mailed. (ph) [Entry date 12/12/01] 12/12/01 84 ORDER as to Mokhtar Haouari, In his request for an extension to submit his motion for a new trial, Deft did not request a date on which to submit a reply. Therefore, Defts request to submit one at this time is denied. This Courts Opinion and Order of 12/11/01 stands, and reset Sentencing for 9:30 1/16/02 for Mokhtar Haouari. This is the final extension in this case. No further extensions will be granted...So Ordered. ( Signed by Judge John F. Keenan ); Copies mailed. (ac) [Entry date 12/13/01] [END OF DOCKET: 1:00cr15-0]