Case: 3:05-cr-00769-JGC As of: 12/13/2015 08:51 PM EST 1 of 4

Termed

U.S. District Court

Northern District of Ohio (Toledo)
CRIMINAL DOCKET FOR CASE #: 3:05cr00769JGC1
Case title: United States of America v. Roby
Other court case number: 04704(C) USDC Central District of
CA

Date Filed: 07/20/2005

Date Terminated: 12/21/2005

Assigned to: Judge James G. Carr

Defendant (1)
Richard Roby
TERMINATED: 12/21/2005

represented by John B. Thebes

Ste. 1000
405 Madison Avenue
Toledo, OH 43604
4192421400
Fax: 4192465764
Email: jbthebes@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Mark D. Weinberg
43 South Huron Street
Toledo, OH 43604
4192446883
Fax: 4195362464
Email: markdweinberg@gmail.com
TERMINATED: 10/09/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts

Disposition

18:1030(a)(5)(A)(i)
KNOWINGLY CAUSING
DAMAGE TO A PROTECTED
COMPUTER
(1)

Defendant committed to Bureau of Prisons for term

of 18 months as to Count 1, followed by 3 years
Supervised Release with standard & special
conditions imposed. Restitution: $300,000.00.
Special Assessment $100.00. Fine waived.

Highest Offense Level (Opening)

Felony
Terminated Counts

Disposition

None
Highest Offense Level
(Terminated)
None
Complaints
None

Disposition

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Plaintiff
United States of America

Date Filed

represented by Thomas A. Karol

Office of the U.S. Attorney Toledo
Northern District of Ohio
Ste. 308
433 North Summit Street
Toledo, OH 43604
4192596376
Fax: 4192596360
Email: dixie.racklyeft@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Text

07/20/2005

1 Consent to Transfer Jurisdiction (Rule 20) from Central District of CA by Richard

Roby. (Attachments: # 1 Second Superceding Information# 2 Docket Sheet# 3
Transfer Letter)(G, D) (Entered: 07/26/2005)

07/20/2005

2 Order Referring Case to Magistrate Judge Vernelis K. Armstrong as to Richard Roby

(G, D) (Entered: 07/26/2005)

08/02/2005

CJA 20 as to Richard Roby: Appointment of Attorney Mark D. Weinberg effective

8/1/05 by Magistrate Judge Vernelis K. Armstrong. (R, Ci) (Entered: 08/02/2005)

08/08/2005

3 Notice of Hearing as to Richard Roby re 1 Rule 20 Transfer In. Arraignment with

Rule 20 Guilty Plea Hearing set for 8/12/2005 10:00 AM in Courtroom 312 before
Magistrate Judge Vernelis K. Armstrong.(S, P A) (Entered: 08/08/2005)

08/12/2005

4 Waiver of Indictment by Richard Roby (S, P A) (Entered: 08/12/2005)

08/12/2005

5 Minutes of proceedings before Magistrate Judge Vernelis K. Armstrong.Arraignment

and Rule 20 Guilty Plea as to Richard Roby (1) Count 1 held on 8/12/2005, Consent to
transfer from Central District of California, Case No.04704(C), to Northern District
of Ohio was executed; Consent to the Magistrate was executed; Defendant sworn;
Defendant qualifies for court appointed counsel Mark Weinberg; Plea Agreement
executed; Defendant plead Guilty to Count 1 of the 2nd Superseding Indictment;
Report and Recommendation will be issued; Referred to U.S. Probation Office for a
Presentence Investigation Report; Defendant released on a $10,000 Unsecured Bond;
Referral to the Magistrate Judge is termed. (Court Reporter ECRO/Tina Brown) (S, P
A) (Entered: 08/12/2005)

08/12/2005

6 Return Mail addressed to Richard Roby: re 3 Summons (no such number/street) (R,
Ci) (Entered: 08/15/2005)

08/12/2005

8 Consent to Transfer(s) of case for Plea and Sentence as to Richard Roby (with original
signatures (G, D) (Entered: 08/16/2005)

08/12/2005

9 Consent to Order of Referral to Magistrate Judge for Purposes of Receiving

Defendant's Plea of Guilty as to Richard Roby (G, D) (Entered: 08/16/2005)

08/12/2005

10 Plea Agreement as to Richard Roby (G, D) (Entered: 08/16/2005)

08/12/2005

11 Order Setting Conditions of Release as to Richard Roby (1) $10,000 Unsecured .

Signed by Judge Vernelis K. Armstrong on 8/12/05. (G, D) (Entered: 08/16/2005)

08/12/2005

12 Appearance Bond as to Richard Roby in amount of $ $10,000, Unsecured (G, D)

(Entered: 08/16/2005)

08/16/2005

Summons and copy of Second Superseding Indictment resent to Richard Roby to

correct address 6 . (S, P A) (Entered: 08/16/2005)

08/16/2005

7 Report and Recommendation as to Richard Roby. It is recommended that the plea of

guilty be accepted and a finding of guilty be entered by the Court. Signed by
Magistrate Judge Vernelis K. Armstrong on 8/16/2005. (S, P A) (Entered: 08/16/2005)

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10/31/2005

13 Order as to Richard Roby. The defendant's plea of guilty is accepted and a finding of
guilty shall be entered. Signed by Judge James G. Carr on 10/31/2005. (S, A L)
(Entered: 10/31/2005)

11/09/2005

14 Notice of Hearing as to Richard Roby. Sentencing set for 12/19/2005 at 10:00 AM

before Hon. James G. Carr. (S, A L) (Entered: 11/09/2005)

12/19/2005

15 Minutes of proceedings before Judge James G. Carr.Sentencing held on 12/19/2005 for

Richard Roby (1), Count(s) 1. Defendant moved to reduce criminal history to level I,
as overstated. Court determined criminal history overstated and reduced it to level I.
Defendant committed to Bureau of Prisons for term of 18 months as to Count 1,
followed by 3 years Supervised Release with standard & special conditions imposed
(see J&C). Defendant to self surrender. Restitution: $300,000.00. Special Assessment
$100.00. Fine waived.. (Court Reporter Tracy Spore) (G, D) (Entered: 12/19/2005)

12/21/2005

16 Judgment as to Richard Roby (1), Count(s) 1, Defendant committed to Bureau of

Prisons for term of 18 months as to Count 1, followed by 3 years Supervised Release
with standard & special conditions imposed. Restitution: $300,000.00. Special
Assessment $100.00. Fine waived. Signed by Judge James G. Carr on 12/21/05. (G, D)
(Entered: 12/21/2005)

12/27/2005

17 Order as to Richard Roby. The condition of Pretrial Services supervision added as a

condition of release. Signed by Judge James G. Carr on 12/27/2005. (S, A L) (Entered:
12/27/2005)

01/06/2006

18 Surrender Order: Richard Roby to surrender to FSL Elkton in Elkton, Ohio on

1/18/2006 by no later than 12:00 pm. . Signed by Judge James G. Carr on 1/6/2006. (S,
A L) (Entered: 01/06/2006)

01/24/2006

CJA 20 as to Richard Roby: Authorization to Pay Mark D. Weinberg. Amount: $

1,629.00, . Signed by Judge James G. Carr on 1/23/06. (R, Ci) (Entered: 01/24/2006)

02/06/2006

19 Transcript of Sentencing Proceedings as to Richard Roby held on 12/19/05 before

Judge James G. Carr filed manually. To obtain a bound copy of this transcript please
contact Court Reporter Tracy L. Spore at 4192433607. Complete document on file,
26 pages. (G, D) (Entered: 02/06/2006)

04/12/2006

20 Judgment Returned Executed as to Richard Roby. Defendant selfsurrendered to FCI

Elkton, Elkton, OH on 1/18/06. (R, Ci) (Entered: 04/12/2006)

10/05/2007

22 Arrest Warrant Returned Executed on 10/5/07 in case as to Richard Roby. (G,D)

(Entered: 10/05/2007)

10/09/2007

Minutes of proceedings [nondocument] before Magistrate Judge Vernelis K.

Armstrong.Initial Appearance re Revocation of Supervised Release as to Richard Roby
held on 10/9/2007; Appearance entered by John B. Thebes appointed for defendant
Richard Roby, Thomas A. Karol for United States of America, Waiver of Preliminary
Hearing executed; Probable Cause established and Hearing re Revocation of
Supervised Release to be held before Chief Judge Carr on Tuesday, 10/16/2007 at
12:00 Noon in Courtroom 209, No conditions of release available, defendant detained
until the Hearing.(Court Reporter ECRO/Pam Armstrong) (S,PA) (Entered:
10/09/2007)

10/09/2007

23 CJA 23 Financial Affidavit by Richard Roby. Reviewed by Magistrate Judge Vernelis

K. Armstrong on 10/9/2007. (S,PA) (Entered: 10/09/2007)

10/09/2007

24 Waiver of Preliminary Examination or Hearing re Rule 32.1 was executed by Richard

Roby. (S,PA) (Entered: 10/09/2007)

10/10/2007

CJA 20 Appointment of Attorney John B. Thebes for Richard Roby effective 10/9/07
by Magistrate Judge Vernelis K. Armstrong. (R,Ci) (Entered: 10/10/2007)

10/16/2007

Minutes of proceedings [Non Document] before Judge James G. Carr.Final Hearing

re Revocation of Supervised Release as to Richard Roby held on 10/16/2007.
Defendant admitted to the violations contained in the report. Court found the defendant
to be in violation. The Court revoked the defendant's supervised release and imposed a
term of 4 months with the Bureau of Prisons; 20 months of supervised release
imposed, with the first four months to be spent in a half way house. Defendant shall
participate in an outpatient mental health program approved by the U.S. Probation

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Office. (Court Reporter Angela Nixon) (S,AL) (Entered: 10/16/2007)
10/16/2007

25 Order: The Court found the defendant to be in violation, revoked supervised release
and imposed the following sentence: The defendant shall be sentenced to a period of 4
months with the Bureau of Prisons. The defendant shall be placed on supervised
release for a period of 20 months, with the first four months to be served in a half way
house. All previously imposed conditions of supervised release shall apply, including
the following additional condition: The defendant shall participate in an outpatient
mental health program approved by the U.S. Probation Office. Signed by Judge James
G. Carr on 10/16/2007. (S,AL) (Entered: 10/16/2007)

11/05/2007

CJA 20 as to Richard Roby: Authorization to Pay John Thebes. Amount: $ 526.40,

Signed by Judge James G. Carr on 10/31/2007. (R,Ci) (Entered: 11/05/2007)

04/24/2008

26 Order Regarding Violation Report that summons be issued as to Richard Roby to

appear before the court for violating his conditions of supervised release. Signed by
Judge James G. Carr on 4/24/08. (G,D) (Entered: 04/24/2008)

04/24/2008

27 Notice of Hearing (Summons) as to Richard Roby Final Hearing re Revocation of

Supervised Release set for 5/5/2008 08:30 AM in Courtroom 204 before Judge James
G. Carr.(G,D) (Entered: 04/24/2008)

05/05/2008

Minutes of proceedings [Non Document] before Judge James G. Carr. Hearing re

Revocation of Supervised Release as to Richard Roby held on 5/5/2008. Defendant
admitted to probable cause; cause found by the Court. Final Hearing re Revocation of
Supervised Release set for 6/9/2008 09:30 AM in Courtroom 204 before Judge James
G. Carr. Defendant remanded into the custody of the US Marshal Service.(Court
Reporter Tracy Spore) (S,AL) (Entered: 05/05/2008)

05/05/2008

CJA 20 Appointment of Attorney John B. Thebes for Richard Roby effective 5/2/08
by Magistrate Judge Vernelis K. Armstrong. (R,Ci) (Entered: 05/05/2008)

06/09/2008

Notice of Hearing [Non Document] as to Richard Roby. Hearing re Revocation of

Supervised Release set for 6/9/2008 is vacated and rescheduled for 6/19/2008 at 08:30
AM in Courtroom 204 before Judge James G. Carr. (S,AL) Modified on 6/10/2008
(B,TM). (Entered: 06/09/2008)

06/09/2008

Amended Notice of Hearing [Non Document] as to Richard Roby: The Hearing re

Revocation of Supervised Release set for 6/16/2008 (not 6/19/08) at 08:30 AM in
Courtroom 204 before Judge James G. Carr.(S,AL) (Entered: 06/09/2008)

06/16/2008

Minutes of proceedings [Non Document] before Judge James G. Carr.Final Hearing

re Revocation of Supervised Release as to Richard Roby held on 6/16/2008. Court
revoked the defendant's supervised release. Defendant sentenced to a term of 16
months; no further term of supervised release to follow. (Court Reporter ECRO
Dianne Gowing) (S,AL) (Entered: 06/16/2008)

06/16/2008

28 Order as to Richard Roby. The Court revoked supervised release and imposed the
following sentence:A term of custody of 16 months with the Bureau of Prisons shall be
imposed. The defendant shall receive credit for time served while awaiting disposition
of this case. No further term of supervised release shall be imposed. Judge James G.
Carr on 6/16/2008. (S,AL) (Entered: 06/16/2008)