Case 1:09-cr-00121-WMS-HKS Document 240 Filed 10/22/10 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

-v-
08-CR-54-S
09-CR-121-S
SHANE BUCZEK, 09-CR-141-S

Defendant

NOTICE OF MOTION AND

MOTION FOR BAIL REVOCATION

PLEASE TAKE NOTICE, that upon the annexed Affidavit of Maura

K. O'Donnell, Assistant United States Attorney, the undersigned

will move this Court before the Hon. William M. Skretny, Chief

District Court Judge, Buffalo, New York, at a date and time to be

scheduled by the Court for an Order revoking the defendant's

Release Order pursuant to Title 18, United States Code, Section

3148(b), or for such other relief as may be proper.

DATED: Buffalo, New York, October 21, 2010.

WILLIAM J. HOCHUL, JR.

United States Attorney

BY: S/ MAURA K. O'DONNELL

MAURA K. O'DONNELL
Assistant United States Attorney
United States Attorney’s Office
Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
(716) 843-5700, ext. 816
Maura.O’Donnell2@usdoj.gov

TO: Shane C. Buczek

United States Probation Department
Attn: Scott Kawski, U.S.P.O
 Case 1:09-cr-00121-WMS-HKS Document 240 Filed 10/22/10 Page 2 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

-v-
08-CR-54-S
09-CR-121-S
09-CR-141-S
SHANE BUCZEK,

Defendant

A F F I D A V I T

STATE OF NEW YORK )

COUNTY OF ERIE ) SS:
CITY OF BUFFALO )

MAURA K. O'DONNELL, being duly sworn, deposes and states:

1. I am an Assistant United States Attorney for the Western

District of New York and assigned to my office's file concerning

this action.

2. On March 5 and March 8, 2010, the defendant was convicted

following a jury trial on case number 09-CR-121-S. Despite the

government's request for detention, the defendant was released on

conditions as set by the Court. On March 25, 2010, the defendant

again appeared before Chief District Judge Skretny and pled guilty

to Count III of indictment 08-CR-54 and Count I of indictment 09-

CR-141. Again, the defendant was continued on release on home

incarceration and other standard conditions.

 Case 1:09-cr-00121-WMS-HKS Document 240 Filed 10/22/10 Page 3 of 6

3. Among the conditions of the defendant's release is the

condition that he not engage in any activity that can reasonably be

construed as a threat against any prosecutor, and that he not

determine or attempt to determine the home address of any member of

the U.S. Attorney's Office.

4. The defendant has filed numerous documents throughout this

case. On October 20, 2010, he filed a document entitled,

"Mandatory Judicial Notice of Responses to Sentencing Factors and

Memorandum by Foreign Agents with no Jurisdiction and Racketeering

Activity's." (Document 150).

5. Page 5 of the document purports to be an arrest warrant

for AUSA Anthony Bruce. It is entitled, "warrant for arrest," and

purports to be directed to "the United States Marshal and any

authorized United States Officer," and says such individuals are

"Hereby commanded to arrest Anthony M. Bruce."

6. In addition, page 7 of the document lists AUSA Bruce's

work address and gives a town and state of AUSA Bruce's "last known

residence."

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 Case 1:09-cr-00121-WMS-HKS Document 240 Filed 10/22/10 Page 4 of 6

7. This conduct constitutes an attempt to intimidate one of

the Assistant U.S. Attorneys assigned to the defendant's case.

While the defendant has made reference to AUSA Bruce and other

members of the U.S. Attorney's Office in his previous filings, this

document is more serious, in that it specifically targets Mr.

Bruce, calls for his arrest, and makes reference to his residence

and place of employment. This document is a threat, and its filing

is a violation of the defendant's condition of release.

8. While the "warrant" does not list Mr. Bruce's home

address, it is apparent that by listing the state and town of his

"last known residence," the defendant has determined or attempted

to determine Mr. Bruce's home address, a further violation of his

conditions of release.

9. On the basis of the foregoing, the defendant has failed to

comply with the conditions of his release. This conduct

constitutes a change in circumstances which warrants a change in

the defendant's bail status. There is no condition or combination

of conditions that will assure that the defendant will not pose a

danger to the safety of any other person or the community.

10. Title 18, United States Code, Section 3143(a) states that

"a judicial officer shall order that a person who has been found

guilty of an offense and who is awaiting imposition or execution of

sentence... be detained, unless the judicial officer finds by clear

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 Case 1:09-cr-00121-WMS-HKS Document 240 Filed 10/22/10 Page 5 of 6

and convincing evidence that the person is not likely to flee or

pose a danger of to the safety of any other person in the community

if he is released."

11. The defendant has been convicted in three separate cases,

and is scheduled for sentencing on November 5, 2010. The defendant

is facing a potential sentence of incarceration. The defendant's

recent filing, which includes a warrant for Mr. Bruce, shows that

he is a danger to the community, and that he is unable to abide by

the conditions of his release.

WHEREFORE, pursuant to Title 18, United States Code, Sections

3148(b) and 3143(a), the government requests that the defendant's

Release Order be revoked and that he be remanded pending his

sentencing on November 5, 2010. The government also requests that

the Court issue a warrant for the defendant's arrest

S/ MAURA K. O'DONNELL
MAURA K. O'DONNELL
Assistant United States Attorney

Sworn to before me this

21st day of October 2010.

S/ KATHLEEN M. RIEMAN

KATHLEEN M. RIEMAN
Notary Public, State of New York
Qualified in Erie County
My Commission Expires 9-23-13

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 Case 1:09-cr-00121-WMS-HKS Document 240 Filed 10/22/10 Page 6 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

-v-
08-CR-54-S
09-CR-121-S
SHANE BUCZEK, 09-CR-141-S

Defendant

CERTIFICATE OF SERVICE

I hereby certify that on October 22, 2010, I electronically

filed the foregoing NOTICE OF MOTION AND MOTION FOR BAIL REVOCATION

and AFFIDAVIT with the Clerk of the District Court using its CM-ECF

system.

The undersigned further certifies that on October 22, 2010,

she served a copy of the foregoing via the United States Postal

Service to the following participants on this case:

Shane C. Buczek
7355 Derby Road
Derby, New York 14047

United States Probation Department

Attn: Scott Kawski, U.S.P.O
234 U.S. Courthouse
68 Court Street
Buffalo, New York 14202

S/ KATHLEEN M. RIEMAN

KATHLEEN M. RIEMAN