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Case: United States v. Muhtorov

1:12-cr-00033 | U.S. District Court for the District of Colorado

Filed Date: Jan. 19, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

Introduction & Importance of this Case In early 2012, the federal government initiated criminal prosecution of Jamshid Muhtorov (January 19) and Bakhityor Jumaev (March 14) in the U.S. District Court for the District of Colorado. Both defendants were charged with providing, conspiring to provide, and attempting to provide material support and resources to a foreign terrorist organization, in violation of Title 18, U.S.C. § 2339B. Defendants were represented by the Federal Public Defender (Muhto…

Introduction & Importance of this Case

In early 2012, the federal government initiated criminal prosecution of Jamshid Muhtorov (January 19) and Bakhityor Jumaev (March 14) in the U.S. District Court for the District of Colorado. Both defendants were charged with providing, conspiring to provide, and attempting to provide material support and resources to a foreign terrorist organization, in violation of Title 18, U.S.C. § 2339B. Defendants were represented by the Federal Public Defender (Muhtorov) and counsel appointed under the Criminal Justice Act (Jumaev), as well as the American Civil Liberties Union (ACLU) of Colorado. After close to six years of litigation, both men were convicted.

This case is in the Clearinghouse because the parties litigated the constitutionality of Section 702 of the FISA Amendments Act (FAA). While Section 702 is the focus of this summary, more details on the underlying criminal prosecution are provided at the end. This case is also the first time the government notified a defendant of the government's intent to use information gained from a FISA warrantless wiretap after a 2013 DOJ internal policy change. The question of whether or not the 2008 FISA Amendments Act is constitutional is expected to ultimately reach the Supreme Court. All the cases regarding criminal challenges to warantless wiretapping are available in the Criminal cases challenging FISA surveillance special collection.

In addition to challenging the FAA, defendants also challenged evidence acquired through surveillance under other provisions of the Foreign Intelligence Surveillance Act (FISA); these issues are addressed briefly at the beginning.

Initiation of the Criminal Case

Muhtorov, who spent most of his life in Uzbekistan as a human rights activist but resettled in Colorado in 2007 as a political refugee, was accused of providing material support to the Islamic Jihad Union (IJU), an extremist organization. The FBI investigated Muhtorov's communications with an IJU-affiliated website, which allegedly include committing his allegiance to IJU and arranging to send funds to IJU.

On January 19, 2012, Muhtorov was charged by complaint and arrested at O'Hare Airport a few days later, while attempting to travel overseas. This case involves "numerous intrusive" searches of his computer, email accounts, personal residence, and personal effects, including interceptions of his communications.

On March 14, 2012, the government filed a complaint against Jumaev, a friend of Muhtorov who resided in Pennsylvania. He was arrested on March 15 on the same charges. In particular, the government alleged that he pledged support for the IJU and sent Muhtorov $300 intended for the IJU.

Shortly after Muhtorov's initial appearance in Colorado on February 2, 2012, the government notified defendants that it intended to use and offer into evidence information obtained through electronic surveillance and physical search conducted pursuant to FISA. Notice was made to Muhtorov on February 7, 2012 and later to Jumaev on April 4, 2012. Muhtorov moved to suppress the use of FISA-acquired evidence for purposes of his bail hearing on February 8, 2012 and for bail on February 13, 2012. The government responded on February 10, claiming that a detention hearing could be held using FISA-derived information while FISA suppression litigation was pending.

On February 15, 2012, Magistrate Judge Michael E. Hegarty order Muhtorov detained pending trial. In doing so, Magistrate Judge Hegarty found that when a defendant moves to suppress FISA-acquired information which the government intends to use in a hearing, the court must determine whether the surveillance was lawfully authorized and conducted under FISA § 1806(f). However, a contradictory provision, 18 U.S.C. § 3142(f), states that the rules of admissibility do not apply to evidence used for determining pretrial detention. Magistrate Judge Hegarty ultimately relied on § 3142(f), as applied in United States v. Hightower, 203 F.3d 836 (10th Cir. 2000), which permitted reliance during detention on FISA material even if it was ultimately determined to be inadmissible.

Muhtorov appealed the Magistrate Judge's detention order to the district court on March 1, 2012. District Judge John L. Kane denied that motion on April 11, 2012.

Meanwhile, Jumaev was arrested on March 15, 2012 and made his first appearance in the District of Colorado on April 2, 2012. The government gave Junaev notice that it intended to use FISA evidence against him at trial on April 4, 2012. On April 12, 2012, Magistrate Judge Boyd N. Boland ordered Jumaev detained pending trial.

Litigation Over FISA

On May 25, 2012, Muhtorov filed a supplement to his initial motion to suppress FISA-acquired evidence during the trial. On July 30, 2012, Jumaev filed several FISA related motions, including a motion (1) to adopt Muhtorov's motion to suppress, (2) for disclosure of FISA materials, and (3) for leave to file a Franks motion after receipt of the government's discovery. Judge Kane denied Muhtorov's motion to suppress and Jumaev's FISA-related motions on September 24, 2012. After conducting an in camera review, Judge Kane found that the FISA motions failed because the facts supported a finding of probable cause to believe that defendants were agents of a foreign power under FISA.

Issues relating to Section 702 of the FAA arose on October 25, 2013 when the government filed a notice of intent to use information obtained under the FAA, § 1881(a), against Muhtorov. The government did not provide such notice to Jumaev.

Unlike traditional FISA, Section 702 of the FAA does not require the government to demonstrate probable cause that the target of the electronic surveillance is a foreign power or an agent of a foreign power. Further, it does not require the government to specify the nature of the surveillance or the particular location of where the electronic surveillance will occur. When the government makes an FAA application to the Foreign Intelligence Surveillance Court ("FISC"), it simply asks the court to approve the overall targeting and minimization procedures that will guide the government's surveillance. Until recently, the government had a policy of concealing from criminal defendants any connection between the FAA and their prosecutions. When the government's policy of withholding notice of FAA surveillance came to light after Clapper v. Amnesty International, 133 S. Ct. 1138 (2013), the DOJ changed its policy and affirmed its notice obligation. Muhtorov was the first person charged as a defendant in a criminal prosecution to receive notice of FAA surveillance.

After the initiation of the case, the parties engaged in discovery, and the court addressed a number of issues related to detention, a protective order, the Classified Information Procedure Act, and translation of documents. On October 25, 2013 the government filed a notice of intent to use FAA-obtained information as to Muhtorov, at which point the parties began litigating Section 702.

On January 29, 2014, Muhtorov filed a motion to suppress FAA-obtained evidence and a motion for discovery. He challenged the constitutionality of Section 702, claiming that such monitoring of his communications violated both the warrant and reasonableness requirements of the Fourth Amendment. He also claimed that Section 702 violated Article III, because it authorized the FISC to issue mass acquisition orders in the absence of any case or controversy and review the legality of government procedures in the abstract. Muhtorov also moved for discovery to permit him to understand the role that the FAA played in the government's investigation so he could challenge the specific manner the FAA was used in his case. Muhtorov claimed that he was entitled to such discovery under FISA and the Due Process clause of the U.S. Constitution.

As Jumaev had not been provided notice that the government intended to use FAA-obtained evidence against him, on October 28, 2013 he moved for notice of whether the government intended to use such evidence. The government responded on November 19 that it would have provided notice if it intended to use FAA-obtained information. Jumaev filed a reply on January 10, 2014, claiming that there were grounds to believe that FAA-derived evidence was used against him. On January 30, 2014, he moved to adopt Muhtorov's motion to suppress.

On May 9, 2014, the government filed a response to Muhtorov's motion to suppress. Defense counsel was provided with a redacted, unclassified version of the response. On May 22, 2014, the government filed its classified response in camera, ex parte, and under seal. In the unclassified response, the government claimed as follows: that Jumaev lacked standing to challenge the FAA; that court review should be limited to an as applied (rather than facial) challenge; that 702 was constitutional as applied; that government actions were lawfully authorized and conducted in accordance with the FAA; that defendants' discovery requests should be denied to the extent they seek disclosure of FAA related materials; and that the good faith exception to exclusionary rule applied.

On June 12, 2014, Muhtorov moved to require the government to disclose or provide defense counsel access to its classified pleading and objected to ex parte proceedings. On June 18, Jumaev filed a similar motion to disclose. On July 2, the government filed a combined response to the motions for disclosure, claiming that the FAA does not allow a defendant such relief unless the court finds, after conducting its own ex parte review of the FISA material, that disclosure of portions of that material is necessary to make an accurate determination of the legality of the surveillance.

On July 2, the government also supplemented its response to defendants' motion to suppress with the opinion in United States v. Mohamud, 2014 WL 2866749 (D. Or. June 24, 2014), which upheld the constitutionality of Section 702. Muhtorov filed a reply to the government's response on July 3, 2014, and Jumaev filed a reply on July 11.

On October 20, 2014, Jumaev filed an attorney surveillance motion requiring the government to provide notice of interceptions of defense counsel communications. Muhrotov moved to adopt this motion on October 28.

On November 19, 2015, Judge Kane denied the defendants' motion to suppress. 187 F.Supp.3d 1240. He held that, both on its face and as applied to the defendants, Section 702 did not violate the Fourth Amendment. Judge Kane also held that Section 702 did not violate Article III, but did not offer any analysis as to how he reached this judgment, leaving this issue "to a higher court."

After an interview was given by defense counsel to a local broadcast journalist on October 29, 2014, the government filed a motion to clarify the protective order. On December 3, 2014, Judge Kane granted the motion to clarify the protective order. He noted that, with the exception of disclosing sensitive discovery materials, counsel were free to make extrajudicial statements and that there was no basis for sanctions in this situation. Judge Kane advised that it would be prudent for counsel not to make extrajudicial comments, but that the freedom of expression permitted it.

In January of 2018, both the House and Senate passed amendments reauthorizing section 702, and on January 19, 2018, the President's signature made the FISA Amendments Act of 2017 law. The reauthorization extended Section 702 for another six years, setting it to expire on December 31, 2023.

Post-FISA Litigation

On June 23, 2017, the court granted Muhtorov's motion for bail, but abated the order for his release so that the specific combination of conditions that would be attached to his release could be determined with comment from all sides. After a hearing a few days later, the court approved a release on certain conditions and got a stay pending the Tenth Circuit's decision. On July 21, 2017, the Tenth Circuit Court of Appeals reversed the district court decision and ordered Muhtorov detained pending trial. 702 F. App'x 694. Muhtorov's petition for writ of certiorari was denied by the United States Supreme Court on November 6, 2017.

After years of litigating discovery and evidentiary issues related to FISA, Jumeav's case went to trial in March 2018. After a 25-day jury trial, Jumaev was convicted of all charges against him. However, on July 19, 2018, Judge Kane sentenced Jumaev to time served (approximately six years of pretrial detention) and 10 years of supervised release.

Muhtorov's jury trial began on May 24, 2018. On June 21, 2018, Muhtorov was found guilty on counts one, two, and three of the second superseding indictment. On August 30, 2018, Judge Kane sentenced Muhtorov to 96 months imprisonment on counts one and two, and 132 months on count three, all to run concurrently, for a total term of 132 months. Muhtorov was also placed on supervised release for 15 years as to counts one, two, and three.

Appeals

Both defendants filed direct appeals of their convictions.

Jumaev claimed on appeal that the six year delay between his arrest and trial violated his Sixth Amendment right to speedy trial. He also argued that the district court should have sanctioned the government for its inability to comply with discovery and Brady obligations and argued that certain search warrants were illegally obtained.

Muhtorov joined Jumaev's speedy trial challenge, and made several other challenges to FISA. Muhtorov argued that the electronic surveillance conducted pursuant to Section 702 of FISA violated the Fourth Amendment and that the government's refusal to disclose underlying materials for the Section 702 surveillance and possible use of other warrantless surveillance to investigate Muhtorov were unconstitutional and contrary to statute.

On November 19, 2020, a panel of the U.S. Court of Appeals for the Tenth Circuit consisting of Circuit Judges Carlos F. Lurcero, Scott Matheson Jr., and Allison H. Eid heard oral argument on the appeal.

The Tenth Circuit affirmed Muhtorov (20 F.4th 558) and Jumeav's (20 F.4th 518) convictions and sentences in separate opinions on December 8, 2021. 

Summary Authors

Jessica Savoie (9/28/2014)

Samantha Kirby (12/5/2014)

John He (12/23/2015)

Chris Pollack (4/19/2019)

Jonah Hudson-Erdman (2/23/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6152318/parties/united-states-v-muhtorov/


Judge(s)

Boland, Boyd N. (Colorado)

Hegarty, Michael E. (Colorado)

Holmes, Jerome A. (Oklahoma)

Kane, John L. Jr. (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

Lucero, Carlos F. (Colorado)

Mix, Kristen L. (Colorado)

Shaffer, Craig B. (Colorado)

Attorneys(s) for Plaintiff

Arceci, John C (Colorado)

Carlin, John P. (District of Columbia)

Judge(s)

Boland, Boyd N. (Colorado)

Hegarty, Michael E. (Colorado)

Holmes, Jerome A. (Oklahoma)

Kane, John L. Jr. (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

Lucero, Carlos F. (Colorado)

Mix, Kristen L. (Colorado)

Shaffer, Craig B. (Colorado)

Attorneys(s) for Plaintiff

Arceci, John C (Colorado)

Carlin, John P. (District of Columbia)

Creegan, Erin Martha (District of Columbia)

Gauhar, Tashina (District of Columbia)

Gibson, Beth N. (Colorado)

Holder, Eric H. Jr. (District of Columbia)

Holloway, Gregory Allen (Colorado)

Kellhofer, Jason Michael (District of Columbia)

Korczynski, Kiersten Jennifer (District of Columbia)

Martinez, Julia K (Colorado)

Tonini, David Alan (Colorado)

Toscas, George Z. (District of Columbia)

Walsh, John F. (Colorado)

Wiegmann, J. Bradford (District of Columbia)

Attorneys(s) for Defendant

Baker, Mitchell (Colorado)

Grady, Virginia L. (Colorado)

Leedy, Brian Rowland (Colorado)

Rasch-Chabot, Jacob R. (Colorado)

Savitz, David Barry (Colorado)

Sears, Daniel Joseph (Colorado)

Stimson, Kathryn J. (Colorado)

Toomey, Patrick Christopher (New York)

Williamson, Warren Richard (Colorado)

Documents in the Clearinghouse

Document

1:12-cr-00033

0:17-01220

1:12-01011

0:18-01366

Docket [PACER]

USA v. Muhtorov

Aug. 25, 2020

Aug. 25, 2020

Docket
1

1:12-cr-00033

Criminal Complaint (Muhtorov)

U.S. v. Muhtorov

Jan. 19, 2012

Jan. 19, 2012

Complaint
5

1:12-cr-00033

Indictment [Muhtorov]

United States of America v. Muhtorov

Jan. 23, 2012

Jan. 23, 2012

Other
12

1:12-cr-00033

Notice of Intent to use Foreign Intelligence Surveillance Information

United States v. Muhtorov and Jumaev

Feb. 7, 2012

Feb. 7, 2012

Notice Letter
24

1:12-cr-00033

Order of Detention for Defendant Muhtorov

United States v. Muhtorov and Jumaev

Feb. 15, 2012

Feb. 15, 2012

Order/Opinion
1

1:12-cr-00033

Criminal Complaint (Jumaev)

United States of America v. Jumaev

March 14, 2012

March 14, 2012

Complaint
50

1:12-cr-00033

Superseding Indictment [Muhtorov, Jumaev]

United States of America v. Muhtorov

March 20, 2012

March 20, 2012

Other
59

1:12-cr-00033

Second Superseding Indictment [Muhtorov, Jumaev]

United States of America v. Muhtorov

March 22, 2012

March 22, 2012

Other
88

1:12-cr-00033

Order of Detention for Defendant Jumaev

United States v. Muhtorov and Jumaev

April 12, 2012

April 12, 2012

Order/Opinion
125

1:12-cr-00033

Motion to Suppress FISA Acquired Evidence

United States of America v. Muhtorov and Jumaev

May 25, 2012

May 25, 2012

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6152318/united-states-v-muhtorov/

Last updated Nov. 29, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT as to Jamshid Muhtorov (1). (Attachments: # 1 Criminal Information Sheet) (kltsl, ) (Attachment 1 replaced on 1/24/2012) (kltsl, ). Modified on 1/24/2012 to correct criminal information sheet(kltsl, ). [1:12-mj-01011-CBS] (Entered: 01/20/2012)

1 Criminal Information Sheet

View on RECAP

Jan. 19, 2012

Jan. 19, 2012

RECAP
2

Arrest Warrant Issued in case as to Jamshid Muhtorov. (kltsl, ) [1:12-mj-01011-CBS] (Entered: 01/20/2012)

Jan. 19, 2012

Jan. 19, 2012

RECAP
3

MOTION for Leave to Restrict Case by USA as to Jamshid Muhtorov. (kltsl, ) [1:12-mj-01011-CBS] (Entered: 01/20/2012)

Jan. 19, 2012

Jan. 19, 2012

PACER
4

ORDER granting 3 Motion for Leave to Restrict as to Jamshid Muhtorov (1) by Magistrate Judge Craig B. Shaffer on 1/19/2012. (kltsl, ) [1:12-mj-01011-CBS] (Entered: 01/20/2012)

Jan. 19, 2012

Jan. 19, 2012

PACER
5

INDICTMENT as to Jamshid Muhtorov (1) count(s) 1. (Attachments: # 1 Criminal Information Sheet) (kltsl, ) (Entered: 01/24/2012)

1 Criminal Information Sheet

View on PACER

Jan. 23, 2012

Jan. 23, 2012

PACER
6

ORDER OF RECUSAL in case as to Jamshid Muhtorov. Judge Philip A. Brimmer recused. Case reassigned to Judge Christine M. Arguello for all further proceedings. By Judge Philip A. Brimmer on 1/25/12. (mnfsl, ) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

PACER
7

MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Initial Appearance as to Jamshid Muhtorov held on 2/2/2012. AUSA Gregory Holloway. Defendant present in custody without counsel. Pretrial Katrina Devine. Interpreter: Irina Kamensky. Defendant advised. Federal Public Defender appointed. Arraignment, Discovery, and Detention hearing set for 2/7/2012 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Defendant remanded. Total time: 13 minutes. Hearing time: 2:58-3:11. Text Only Entry. (FTR: Courtroom C-201) (kmtcd) (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

PACER
8

ORDER as to Jamshid Muhtorov. Arraignment, Discovery, and Detention hearings set for 2/7/2012 02:00 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 2/2/2012. Text Only Entry. (kmtcd) (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

PACER
9

CJA 23 Financial Affidavit by Jamshid Muhtorov. (kmtcd) (Entered: 02/03/2012)

Feb. 2, 2012

Feb. 2, 2012

PACER
10

NOTICE OF ATTORNEY APPEARANCE: Brian Rowland Leedy appearing for Jamshid Muhtorov (Leedy, Brian) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
21

Translation of Document re: 5 Indictment as to Jamshid Muhtorov. (jjpsl, ) (Entered: 02/15/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
22

Partial Translation of Document re: 1 Complaint, more specifically, Affidavit of D. Hale, as to Jamshid Muhtorov. (jjpsl, ) (Entered: 02/15/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
11

NOTICE OF ATTORNEY APPEARANCE: Warren Richard Williamson appearing for Jamshid Muhtorov (Williamson, Warren) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
12

NOTICE of Intent to Use Foreign Intelligence Surveillance Information by USA as to Jamshid Muhtorov (Holloway, Gregory) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
13

MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Arraignment, Discovery, and Detention Hearing as to Jamshid Muhtorov held on 2/7/2012. AUSA Gregory Holloway. Defendant present in custody with Brian Leedy and Warren Williamson. Probation Christine Zorn. Interpreter Irina Kamensky. Plea of NOT GUILTY entered on all counts by Jamshid Muhtorov. Discovery memorandum executed. Government and defense counsel make arguments regarding continuation of Detention Hearing. ORDERED: Defendant remanded. Detention Hearing continued to 2/14/2012 09:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Total time: 17 minutes. Hearing time: 2:09-2:26. Text Only Entry. (FTR: Courtroom C-201) (kmtcd) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
17

Discovery Conference Memorandum and ORDER: Estimated Trial Time - over 5 days as to Jamshid Muhtorov by Magistrate Judge Kathleen M. Tafoya on 2/7/2012. (cbscd, ) (Entered: 02/09/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
14

MOTION to Suppress FISA Acquired Evidence for Purposes of Detention by Jamshid Muhtorov. (Leedy, Brian) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

PACER
15

MEMORANDUM regarding 14 MOTION to Suppress FISA Acquired Evidence for Purposes of Detention filed by Jamshid Muhtorov. Motion(s) referred to Magistrate Judge Michael E. Hegarty. By Judge Christine M. Arguello on 2/8/2011. (jjpsl, ) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

PACER
16

MOTION for Order Requesting that Defendant be Placed in the FDC General Population while in Pretrial Confinement by Jamshid Muhtorov. (Williamson, Warren) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

PACER
18

RESPONSE to Motion by USA as to Jamshid Muhtorov re 14 MOTION to Suppress FISA Acquired Evidence for Purposes of Detention (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Holloway, Gregory) (Entered: 02/10/2012)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

Feb. 10, 2012

Feb. 10, 2012

PACER
19

MOTION for Bond (Motion forRelease on Conditions) by Jamshid Muhtorov. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Leedy, Brian) (Entered: 02/13/2012)

1 Attachment A

View on PACER

2 Attachment B

View on PACER

3 Attachment C

View on PACER

Feb. 13, 2012

Feb. 13, 2012

PACER
20

MEMORANDUM regarding 19 MOTION for Bond (Motion for Release on Conditions) filed by Jamshid Muhtorov. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Christine M. Arguello on 2/14/12. Text Only Entry (mnfsl, ) Modified on 2/14/2012 to correct judicial officer (mnfsl, ). (Entered: 02/14/2012)

Feb. 14, 2012

Feb. 14, 2012

PACER
23

MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Detention Hearing as to Jamshid Muhtorov held on 2/14/2012. AUSA Gregory Holloway. Defendant is present in custody with Brian Leedy and Warren Williamson. Pretrial Services: Christine Zorn. Interpreter: Irina Kamensky. Interpreter is sworn. Counsel present opening argument regarding detention. Government offers proffer regarding detention. Defendant calls Agent Donald E. Hale. Agent Donald E. Hale is sworn, examined, and questioned by the Court. Counsel present closing argument. The Court takes the following motions under advisement: 14 Motion to Suppress, and 19 Motion for Bond. Defendant remanded. 9:21-11:18. Total Time: 1 hour, 57 minutes. (FTR: C. Coomes -- Courtroom A-501) (mehcd) (Entered: 02/15/2012)

Feb. 14, 2012

Feb. 14, 2012

PACER
24

ORDER OF DETENTION as to Jamshid Muhtorov. By Magistrate Judge Michael E. Hegarty on 2/15/12. (jjpsl, ) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
45

MINUTE ORDER denying 19 Motion for Bond as to Jamshid Muhtorov (1) by Magistrate Judge Michael E. Hegarty on 2/15/2012 pursuant to 24 . Text Only Entry (skssl, ) (Entered: 03/09/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
25

MOTION to Strike Aliases from Indictment by Jamshid Muhtorov. (Williamson, Warren) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

RECAP
26

Rule 5(c)(3) Documents Received as to Jamshid Muhtorov. (jjpsl, ) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
27

MINUTE ORDER as to Jamshid Muhtorov re 16 MOTION for Order Requesting that Defendant be Placed in the FDC General Population while in Pretrial Confinement filed by Jamshid Muhtorov. Defendant's Motion was filed on 02/08/2012. To date no response has been filed. The Government shall file a statement regarding its position or otherwise respond in writing to Doc. #16 NO LATER THAN 5:00 PM on 02/24/2012. SO ORDERED BY Judge Christine M. Arguello on 02/23/12. Text Only Entry (cmasec) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
28

RESPONSE to Motion by USA as to Jamshid Muhtorov re 16 MOTION for Order Requesting that Defendant be Placed in the FDC General Population while in Pretrial Confinement (Attachments: # 1 Exhibit)(Holloway, Gregory) (Entered: 02/24/2012)

1 Exhibit

View on PACER

Feb. 24, 2012

Feb. 24, 2012

RECAP
29

TRANSCRIPT of Initial Appearance as to Jamshid Muhtorov held on 02/02/2012 before Magistrate Judge Tafoya. Pages: 1-11. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 5/29/2012. (Avery Woods Reporting, ) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
30

MINUTE ORDER as to Jamshid Muhtorov. Pretrial motions due by 03/13/2012. Responses due by 03/20/2012. One-hour Final Trial Preparation Conference/Motion Hearing on pending non-evidentiary motions set for 03/23/2012 at 3:30 PM in Courtroom A602 before Judge Christine M. Arguello. If counsel believe an evidentiary hearing on any motions is necessary, a separate hearing date should be requested by motion. Two-week Jury Trial set for 04/09/2012 at 9:00 AM in Courtroom A602 before Judge Christine M. Arguello. If Defendant files a Notice of Disposition in good time, a change of plea hearing may be held at the time set for the Final Trial Preparation Conference. FURTHER ORDERED, the Court will not consider any motion related to the disclosure or production of discovery that is addressed by the Discovery Order and/or Fed.R.Crim.P.16, unless Counsel for the moving party, prior to filing the motion, has conferred or made reasonable, good-faith efforts to confer with opposing counsel in an effort to attempt to resolve the disputed matter, e.g., questions or disputes relating to the scope and/or timing of disclosure of such discovery. If the parties are able to resolve the dispute, the Motion shall be entitled "Unopposed Motion for _______," and the parties shall submit the proposed order the parties wish the Court to enter. If the parties are unable to resolve the dispute, the moving party shall state in the Motion the specific efforts that were taken to comply with this Order to Confer. FURTHER ORDERED, parties are expected to comply with this Court's "Criminal Practice Standards," Section V.A-G (see www.cod.uscourts.gov, under "Judicial Officers' Procedures"). SO ORDERED BY Judge Christine M. Arguello on 03/01/12. Text Only Entry (cmasec) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
31

MOTION to Revoke of Magistrate Judge's Detention Order and for Hearing De Novo by Jamshid Muhtorov. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment)(Williamson, Warren) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
32

MINUTE ORDER as to Jamshid Muhtorov re 16 MOTION for Order Requesting that Defendant be Placed in the FDC General Population while in Pretrial Confinement filed by Jamshid Muhtorov. Based on the Government's 28 Response to Defendant's motion, it appears that Defendant's 16 motion is now moot. Defendant is DIRECTED to respond in writing to the Court NO LATER THAN 5:00 PM 03/05/2012 as to whether the issues raised by Defendant in his Motion requesting placement in FDC general population have been addressed. SO ORDERED BY Judge Christine M. Arguello on 03/01/12. Text Only Entry (cmasec) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
33

MINUTE ORDER as to Jamshid Muhtorov re 31 MOTION to Revoke of Magistrate Judge's Detention Order and for Hearing De Novo filed by Jamshid Muhtorov. ORDERED that the Government shall file a statement regarding its position or otherwise respond in writing to Doc. #31 NO LATER THAN 5:00 PM on 03/08/2012. SO ORDERED BY Judge Christine M. Arguello on 03/02/12. Text Only Entry (cmasec) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
34

MOTION for Protective Order by USA as to Jamshid Muhtorov. (Attachments: # 1 Proposed Order (PDF Only))(Holloway, Gregory) (Entered: 03/05/2012)

1 Proposed Order (PDF Only)

View on PACER

March 5, 2012

March 5, 2012

PACER
35

MOTION to Declare Case Complex by USA as to Jamshid Muhtorov. (Holloway, Gregory) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
36

MOTION for Hearing In Camera and Ex Parte by USA as to Jamshid Muhtorov. (Holloway, Gregory) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
37

REPLY by Jamshid Muhtorov to 28 Response to Motion Requesting He be Placed iin General Population while in Pretrial Confinement (Williamson, Warren) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

PACER
38

ORDER TRANSFERRING CASE in case as to Jamshid Muhtorov. Judge Christine M. Arguello termed. Case reassigned to Judge John L. Kane for all further proceedings. By Judge Christine M. Arguello on 3/7/2012. (jjpsl, ) Modified on 3/7/2012 to correct text (jjpsl, ). (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
39

RESPONSE to Motion by USA as to Jamshid Muhtorov re 31 MOTION to Revoke of Magistrate Judge's Detention Order and for Hearing De Novo (Attachments: # 1 Exhibit, # 2 Exhibit)(Holloway, Gregory) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
40

MOTION for Leave to Restrict Document by USA as to Jamshid Muhtorov. (Holloway, Gregory) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
41

RESTRICTED DOCUMENT - Level 1: by USA as to Jamshid Muhtorov (Holloway, Gregory) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
42

RESTRICTED DOCUMENT - Level 1: by USA as to Jamshid Muhtorov (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Holloway, Gregory) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
43

MINUTE ORDER Setting Hearing as to Jamshid Muhtorov by Judge John L. Kane on 3/08/2012. Motions Hearing and Status Conference set for 3/15/2012 10:00 AM in Courtroom A 802 before Judge John L. Kane. (sks, ) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
44

MINUTE ORDER Setting Hearing as to Jamshid Muhtorov by Judge John L. Kane on 3/08/2012. Motion Hearing and Status Conference set for 3/15/2012 is VACATED and RESET for 3/19/2012 10:00 AM in Courtroom A 802 before Judge John L. Kane. (skssl, ) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
46

TRANSCRIPT of Detention Hearing as to Jamshid Muhtorov held on 02/14/2012 before Magistrate Judge Hegarty. Pages: 1-93. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 6/11/2012. (Avery Woods Reporting, ) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
47

ORDER granting 34 Motion for Protective Order as to Jamshid Muhtorov (1) by Judge John L. Kane on 3/13/2012. (skssl, ) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
48

RESPONSE to Motion by Jamshid Muhtorov re 36 MOTION for Hearing In Camera and Ex Parte (Williamson, Warren) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
49

MOTION for Reconsideration re 47 Order on Motion for Protective Order by Jamshid Muhtorov. (Williamson, Warren) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
55

MINUTE ENTRY for proceedings held before Judge John L. Kane: Status Conference/Motions Hearing held on 03/19/12 as to Jamshid Muhtorov (1). ORDERED: Opening brief is due on or before April 9, 2012, Response is due on or before April 19, 2012. Reply is due April 24, 2012 re: 49 . ORDERED: Hearing on 31 is set for April 11, 2012 at 10:00 a.m. ORDERED: 36 is GRANTED. The In Camera/Ex Parte hearing is set on May 23, 2012 at 10:00 a.m. Ordered re: 35 is Granted, A minimum of 90 days shall be excluded from the speedy trial calculation. Ordered that the Government has until 06/20/12 to file its response to 14 . Ordered re: 25 is granted in part and denied in part, Any future filings should exclude the aliases from the caption. Ordered Counsel shall follow the same briefing schedule as established for 47 to 16 . Hearing concluded. Interpreters: Irina Kamensky and Yuliya Fedasenka. (Court Reporter: Kara Spitler) (jjhsl, ) (Entered: 03/22/2012)

March 19, 2012

March 19, 2012

PACER
50

SUPERSEDING INDICTMENT as to Jamshid Muhtorov (1) count(s) 1s-4s, Bakhtiyor Jumaev (2) count(s) 1-4. Modified as specified in doc #52. (Attachments: # 1 Criminal Information Sheet, # 2 Criminal Information Sheet) (jjhsl, ) Modified on 3/23/2012 (jjhsl, ). (Entered: 03/20/2012)

1 Criminal Information Sheet

View on PACER

2 Criminal Information Sheet

View on PACER

March 20, 2012

March 20, 2012

PACER
51

MINUTE ORDER as to Jamshid Muhtorov. Re-arraignment set for 3/27/2012 11:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 03/20/12. Text Only Entry (jjhsl, ) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
52

ORDER. The alias names for Defendant No. 1, JAMSHID MUHTOROV, set forth in the caption of the Superseding Indictment filed this date, and the alias names for Defendant No. 2, BAKHTIYOR UMAEV, are ordered STRICKEN as surplussage and shall not be used again in the caption of any document or pleading by Judge John L. Kane on 03/20/12. (jjhsl, ) Modified on 3/21/2012 to correct text (jjhsl, ). (Entered: 03/21/2012)

March 20, 2012

March 20, 2012

PACER
53

MINUTE ORDER as to Jamshid Muhtorov, Bakhtiyor Jumaev. The Protective Order entered in this case will remain operative pending my resolution of Defendant Muhtorov's Motion for Reconsideration 49 by Judge John L. Kane on 03/21/12. (jjhsl, ) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
54

ORDER granting 40 Motion for Leave to Restrict as to Jamshid Muhtorov (1). Access to Docket 42 and the exhibits accompanying it shall be limited to the parties and the court pursuant to D.C.COLO.LCrR 47.1 by Judge John L. Kane on 03/21/12. (jjhsl, ) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
59

SECOND SUPERSEDING INDICTMENT as to Jamshid Muhtorov (1) count(s) 1ss-4ss, Bakhtiyor Jumaev (2) count(s) 1s-2s. (Attachments: # 1 Criminal Information Sheet, # 2 Criminal Information Sheet) (jjhsl, ) (Entered: 03/23/2012)

1 Criminal Information Sheet

View on PACER

2 Criminal Information Sheet

View on PACER

March 22, 2012

March 22, 2012

PACER
56

TRANSCRIPT of Arraignment/Discovery/Detention Hearing as to Jamshid Muhtorov held on 02/07/2012 before Magistrate Judge Tafoya. Pages: 1-15. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 6/25/2012. (Avery Woods Reporting, ) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
57

Translation of Document re: 50 Indictment as to Jamshid Muhtorov, Bakhtiyor Jumaev. Modified as specified in doc #58. (jjhsl, ) Modified on 3/23/2012 (jjhsl, ). (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
58

ORDER. The alias names for Defendant No. 1, JAMSHID MUHTOROV, set forth in the caption of the Superseding Indictment filed this date, and the alias names for Defendant No. 2, BAKHTIYOR UMAEV, are ordered STRICKEN as surplussage and shall not be used again in the caption of any document or pleading re: 57 by Judge John L. Kane on 03/23/12. (jjhsl, ) Modified on 3/23/2012 to correct text (jjhsl, ). (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
60

MINUTE ORDER as to Jamshid Muhtorov re 59 SECOND SUPERSEDING Indictment set for Re-arraignment on 03/27/12 at 11:00am with Magistrate Judge Boland. Text Only Entry (jjhsl, ) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
61

Translation of Document re: 59 Indictment as to Jamshid Muhtorov, Bakhtiyor Jumaev (jjhsl, ) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

RECAP
62

MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Arraignment Hearing as to Jamshid Muhtorov, as to Second Superseding Indictment. AUSA: Gregory A. Holloway. Defendant present in custody with Brian R. Leedy. Pretrial: Darren Streich. Interpreter: Irina Kamensky. NOT GUILTY Plea entered on all counts by defendant. ORDERED: Defendant detained without bond. Defendant remanded. Total time: 3 minutes. Hearing time: 11:00 - 11:03 Text Only Entry. (Court Reporter: FTR - Ellen E. Miller) (mjwcd) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
69

REPLY TO RESPONSE to Motion by Jamshid Muhtorov re 31 MOTION to Revoke of Magistrate Judge's Detention Order and for Hearing De Novo (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Attachment, # 7 Attachment)(Williamson, Warren) (Entered: 04/04/2012)

1 Attachment

View on PACER

2 Attachment

View on PACER

3 Attachment

View on PACER

4 Attachment

View on PACER

5 Attachment

View on PACER

6 Attachment

View on PACER

7 Attachment

View on PACER

April 4, 2012

April 4, 2012

PACER
75

Supplemental MOTION 16 for Order Requesting He be Placed in General Population While in Pretrial Confinement by Jamshid Muhtorov. (Williamson, Warren) Modified on 4/11/2012 to add linkage to doc #16 (jjhsl, ). (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
76

BRIEF by Jamshid Muhtorov re: 49 MOTION for Reconsideration re 47 Order on Motion for Protective Order filed by Jamshid Muhtorov (Leedy, Brian) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
77

STATEMENT -- Defendant's Proffer Re Interview of Nargiza Muhtorova by Defendant Jamshid Muhtorov (Williamson, Warren) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
78

MOTION for Leave to Restrict Document by USA as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Holloway, Gregory) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
79

REPLY by Jamshid Muhtorov, Bakhtiyor Jumaev to 77 Statement (Holloway, Gregory) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
80

RESTRICTED DOCUMENT - Level 1: by USA as to Jamshid Muhtorov, Bakhtiyor Jumaev (Holloway, Gregory) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
81

RESTRICTED DOCUMENT - Level 1: by USA as to Jamshid Muhtorov, Bakhtiyor Jumaev (Attachments: # 1 Exhibit)(Holloway, Gregory) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
86

MINUTE ENTRY for proceedings held before Judge John L. Kane: Motion Hearing as to Jamshid Muhtorov held on 4/11/2012. Interpreter: Alla Seletskaya. ORDERED Government's Motion To Restrict Document No. 80 78 is GRANTED. ORDERED: Motion For Revocation Of Magistrate Judge's Detention Order And For Hearing De Novo 31 is DENIED. ORDERED Defendant's Motion 16 and Supplemental Motion 75 Requesting He Be Placed In The FDC General Population While In Pretrial Confinement are DENIED as MOOT. (Court Reporter: Tamara Hoffschildt) (jjhsl, ) (Entered: 04/12/2012)

April 11, 2012

April 11, 2012

PACER
90

RESPONSE to Motion by USA as to Jamshid Muhtorov re 25 MOTION to Strike Aliases from Indictment (Holloway, Gregory) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

PACER
100

RESPONSE to Motion by Bakhtiyor Jumaev as to Jamshid Muhtorov, Bakhtiyor Jumaev re 49 MOTION for Reconsideration re 47 Order on Motion for Protective Order (Savitz, David) (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

PACER
101

RESTRICTED DOCUMENT - Level 1: by Bakhtiyor Jumaev as to Jamshid Muhtorov, Bakhtiyor Jumaev (Savitz, David) (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

PACER
102

MOTION for Leave to Restrict Document by Bakhtiyor Jumaev as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 Proposed Order (PDF Only))(Savitz, David) (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

PACER
104

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment, # 2 CJA Attachment)(Savitz, David) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
105

NOTICE of Opposition to Government's Newest Proposed Protective Order by Jamshid Muhtorov (Williamson, Warren) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
106

RESPONSE by USA as to Jamshid Muhtorov, Bakhtiyor Jumaev re: 101 Restricted Document - Level 1 filed by Bakhtiyor Jumaev, 76 Brief filed by Jamshid Muhtorov, 100 Response to Motion filed by Bakhtiyor Jumaev, 49 MOTION for Reconsideration re 47 Order on Motion for Protective Order filed by Jamshid Muhtorov (Attachments: # 1 Proposed Order (PDF Only), # 2 Proposed Document)(Holloway, Gregory) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
107

MOTION for Order For a Date Certain for Any Supplemental Briefing Regarding Defendant Muhtorov's FISA Suppression Motion by USA as to Jamshid Muhtorov. (Holloway, Gregory) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
108

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment)(Savitz, David) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
109

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment)(Savitz, David) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
110

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment)(Savitz, David) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
111

MINUTE ORDER as to Jamshid Muhtorov, Bakhtiyor Jumaev. This matter is set for a Status Conference and Motions Hearing on May 14, 2012 at 1:30 p.m. in Courtroom A802. The court will address protective order and FISA issues at this hearing (doc. #s 49 and 107). The defendants' presence is not required before Judge John L. Kane by Judge John L. Kane on 05/08/12. (jjhsl, ) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
112

NOTICE OF NONCOMPLIANCE WITH CM/ECF PROCEDURES: The court notes that Jason Kellhofer has failed to register for electronic case filing (CM/ECF) in violation of D.C.COLO.LCrR 49.4A. and III.3.2.A. of the Electronic Case Filing Procedures for the District of Colorado (Criminal Cases). Counsel is advised that continued failure to file electronically through CM/ECF may lead to sanctions by the court. Counsel must register for CM/ECF within 10 days of the date of this docket entry or further action may be taken by the court. Text Only Entry (mjfsl, ) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
113

CJA 20/30 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment, # 2 CJA Attachment, # 3 CJA Attachment)(Savitz, David) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
114

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment, # 2 CJA Attachment)(Savitz, David) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

PACER
115

Objections to Newly Proposed Protective Order and MOU 106 by Bakhtiyor Jumaev as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Savitz, David) Modified on 5/14/2012 to correct title of document (jjhsl, ). (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
118

MINUTE ENTRY for Status Conference proceedings held before Judge John L. Kane on 5/14/2012 as to Jamshid Muhtorov (1),and Bakhtiyor Jumaev (2). Defendants not present. Granting 107 Motion for Order as to Jamshid Muhtorov (1), to and including 7/30/2012. (Court Reporter: Gwen Daniel)(babia) (Entered: 05/16/2012)

May 14, 2012

May 14, 2012

PACER
116

STATEMENT -- Memorandum of Law on Procedures to be Followed at any CIPA 4 Proceedings [Doc. No. 55] and Defendant's Motions Regarding Such Proceeding(s) by Defendant Jamshid Muhtorov (Leedy, Brian) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
117

ORDER re Doc. 116 as to Jamshid Muhtorov, Bakhtiyor Jumaev. The requests for relief embedded in the "Memorandum of Law on Procedures to be Followed at an CIPA 4 Proceedings" 116 filed on behalf of Mr. Muhtorov are Denied as Premature. The May 23 hearing is not a CIPA ยง 4 hearing and was not converted into one by operation of the March 19 Minute Entry 55 . However, that Minute Entry 55 is AMENDED to clarify that the May 23 hearing is not in camera or ex parte. To the extent specific matters arise during the course of the May 23 hearing that require in camera or ex parte attention, they will be addressed accordingly at that time by Judge John L. Kane on 05/16/12. (jjhsl, ) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

PACER
119

CJA 24 Transcript Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Savitz, David) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
120

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment)(Savitz, David) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
121

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment)(Savitz, David) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
122

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment)(Savitz, David) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
123

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment)(Savitz, David) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
124

MINUTE ENTRY for proceedings held before Judge John L. Kane: Pretrial Conference as to Jamshid Muhtorov, Bakhtiyor Jumaev held on 5/23/2012. ORDERED: Oral Request by the Government to conduct a preliminary CIPA ยง 4 (ex parte) hearing within the week of June 18, 2012 is GRANTED. Counsel shall contact Chambers to schedule a time (Court Reporter: Tamara Hoffschildt) (jjhsl, ) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
125

MOTION to Suppress FISA Acquired Evidence (Supplement to Doc. 14) by Jamshid Muhtorov. (Leedy, Brian) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
126

CJA 24 Transcript Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Savitz, David) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
127

CJA 21/31 Payment Request as to Jamshid Muhtorov, Bakhtiyor Jumaev. (Attachments: # 1 CJA Attachment)(Savitz, David) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
128

MOTION for Reconsideration re 116 Statement filed by Jamshid Muhtorov ("Memorandum of Law on Procedures to be followed at any CIPA Section 4 Proceedings and Defendant's Motions Regarding Such Proceeding(s)" by Jamshid Muhtorov. (Leedy, Brian) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER

Case Details

State / Territory: Colorado

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Criminal cases challenging FISA surveillance

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 19, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

This is a criminal case brought by the U.S. government against two defendants charged with providing and attempting to provide material support and resources to a foreign terrorist organization. The defendants were subject to surveillance under FISA and the FAA.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bakhtiyor Jumaev, None

Jamshid Muhtorov , None

Case Details

Causes of Action:

FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812

FISA Title III Warrant (Physical Search), 50 U.S.C. §§ 1821-1829

FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Special Case Type(s):

Criminal

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation

Issues

General:

Courts

Over/Unlawful Detention

Terrorism/Post 9-11 issues