Case: United States v. Firestack-Harvey

2:13-cr-00024 | U.S. District Court for the Eastern District of Washington

Filed Date: Feb. 6, 2013

Closed Date: 2015

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Case Summary

On February 6, 2013, a federal grand jury in the Eastern District of Washington indicted five defendants on six counts: conspiracy to manufacture 100 or more marijuana plants, manufacture of 100 or more marijuana plants, possession with the intent to distribute more than 50 marijuana plants, distribution of marijuana, possession of a firearm in furtherance of a drug crime, and maintaining a place for the manufacture and distribution of marijuana. The Federal Public Defender was appointed to rep…

Discovery and motions continued for most of the year. On November 14, 2013, defendants filed a number of motions to dismiss for Tenth Amendment violations, specifically that the United States was forcing the state of Washington to enforce federal law, and violation of Due Process and Equal Protection under the Fifth Amendment. One of the defendants also filed motions to suppress evidence. On April 30, 2014, Judge Sickle issued a series of opinions responding to motions. He denied the claim, that because Congress allowed DC to have medical marijuana, prosecution for marijuana use in Washington was unconstitutional under the Due Process clause or the Equal Protection clause.

On the motion to suppress claims, Ms. Firestack-Harvey's statements made under interrogation after she asked to speak to an attorney but statements she made prior to that point were held to be admissible. Judge Sickle also rejected defendants' motion to dismiss on the ground that local marijuana use was permitted by the Controlled Substances Act and rejected the their Tenth Amendment challenge, holding that the Court did not have the authority to dismiss under the Tenth Amendment. Finally, Judge Sickle rejected motions to dismiss based on the government's failure to preserve evidence, holding that the fifth defendant, Jason Zucker, did not show bad faith on the government's part.

On May 6, 2014, the government issued a superseding indictment dropping one of the marijuana charges. Defendants subsequently plead not guilty. Pretrial conferences and preparation continued through 2014. On November 12, 2014, Judge Sickle issued an order granting the government's motion to exclude certain defense witnesses who were going to testify to the medical benefits of marijuana. On November 14, 2014, the case was reassigned to Judge Thomas O. Rice.

On February 2, 2015, the defendants jointly submitted a motion to dismiss, arguing that Congress had prohibited the use of federal resources to prosecute users of medical marijuana in California, among other states. On February 12, Judge Rice denied the motion, holding that the recent passage of an appropriations bill did not repeal by implication the Controlled Substances Act. On February 18, Judge Rice granted the government's motion to dismiss charges against Larry Harvey, one of the five defendants, due to his serious health issues. The trial began on February 23. On February 24, one of the five defendants, Jason Zucker, changed his plea and pleaded guilty to Count 1. The Court accepted his plea on March 4.

On March 2, 2015, the jury convicted all three remaining defendants on Count 2 of the indictment, intentionally and knowingly manufacturing 100 or more marijuana plants, but acquitted on all other charges. On April 17, Judge Rice denied defendants' motion for a new trial and acquittal, holding that the evidence at trial was sufficient to prove Count 2 beyond a reasonable doubt and that there was no serious risk of a miscarriage of justice. On June 4, 2015, Judge Rice ruled on defendants' motion to enjoin further prosecution based on the appropriations rider from Congress and acquittal. He rejected that claim again but stayed sentencing to allow the parties to prepare. On June 19, Judge Rice denied Jason Zucker's motion to join the other defendants' motion to dismiss and stay his sentencing.

On July 24, 2015, judgment was entered for Zucker. He was sentenced to 16 months in prison and a $5000 fine with four years of supervised release. On October 2, Firestack-Harvey and Michelle Gregg were sentenced to one year and one day in prison. Ms. Firestack-Harvey had her fine waived while Ms. Gregg was assessed a $2000 fine. Rolland Gregg was sentenced to 33 months in prison and assessed a $7500 fine. All three were given three years of supervised release post-sentence.

The case appears to be closed.

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Summary Authors

Craig Streit (11/17/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7937373/parties/united-states-v-firestack-harvey/

Attorney for Plaintiff

AUSA, Russell E (Washington)

Hicks, Earl Allan (Washington)

Attorney for Plaintiff

AUSA, Russell E (Washington)

Hicks, Earl Allan (Washington)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:13-cr-00024	Docket	June 29, 2016	June 29, 2016 Docket
279 2:13-cr-00024	Order Denying the Defendants' Motion to Suppress Firearms	April 28, 2014	April 28, 2014 Order/Opinion
283 2:13-cr-00024	Order Denying Motions to Dismiss on Equal Protection or Due Process Grounds	April 29, 2014	April 29, 2014 Order/Opinion 2014 WL 1682863
284 2:13-cr-00024	Order Denying Motion to Compel Discovery	April 29, 2014	April 29, 2014 Order/Opinion
285 2:13-cr-00024	Order Denying Jason Zucker's Motion to Compel the United States to Provide a Bill of Particulars	April 29, 2014	April 29, 2014 Order/Opinion
286 2:13-cr-00024	Order Denying Jason Zucker's Motion to Dismiss Based Upon the United States' Failure to Preserve Evidence	April 29, 2014	April 29, 2014 Order/Opinion
290 2:13-cr-00024	Order Denying Defendants' Motion to Dismiss the Indictment Under the Tenth Amendment	April 30, 2014	April 30, 2014 Order/Opinion 2014 WL 1744255
290 2:13-cr-00024	Order Denying Motion to Dismiss the Indictment on the Grounds That Possession of Marijuana is Legal Under Federal Law	April 30, 2014	April 30, 2014 Order/Opinion 2014 1744255
291 2:13-cr-00024	Order Denying Michelle Gregg's Motion for a Continuance	April 30, 2014	April 30, 2014 Order/Opinion
292 2:13-cr-00024	Order Denying Michelle Gregg's Motion to Suppress Evidence Seized Pursuant to the Search Warrant That Was Issued By A State Superior Court Judge	April 30, 2014	April 30, 2014 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7937373/united-states-v-firestack-harvey/

Last updated March 24, 2026, 2:14 p.m.

ECF Number	Description	Date	Link Date / Link
1	INDICTMENT as to Rhonda Lee Firestack-Harvey (1) counts 1, 2, 3, 4, 5, 6; Larry Lester Harvey (2) counts 1, 2, 3, 4, 5, 6; Michelle Lynn Gregg (3) counts 1, 2, 3, 4, 5; Rolland Mark Gregg (4) counts 1, 2, 3, 4, 5; Jason Lee Zucker (5) counts 1, 2, 3, 4, 5. (S/CI) AUSA seeks detention. (LE, Case Administrator) (Entered: 02/07/2013)	Feb. 6, 2013	Feb. 6, 2013
3	Penalty Slip - FORFEITURE NOTICE - as to Rhonda Lee Firestack-Harvey. (LE, Case Administrator) (Entered: 02/07/2013)	Feb. 6, 2013	Feb. 6, 2013
4	Penalty Slip - FORFEITURE NOTICE - as to Larry Lester Harvey. (LE, Case Administrator) (Entered: 02/07/2013)	Feb. 6, 2013	Feb. 6, 2013
5	Penalty Slip - FORFEITURE NOTICE - as to Michelle Lynn Gregg. (LE, Case Administrator) (Entered: 02/07/2013)	Feb. 6, 2013	Feb. 6, 2013
6	Penalty Slip - FORFEITURE NOTICE - as to Rolland Mark Gregg. (LE, Case Administrator) (Entered: 02/07/2013)	Feb. 6, 2013	Feb. 6, 2013
7	Penalty Slip - FORFEITURE NOTICE - as to Jason Lee Zucker. (LE, Case Administrator) (LE, Case Administrator). (Entered: 02/07/2013)	Feb. 6, 2013	Feb. 6, 2013
13	NOTICE OF HEARING By Court as to Larry Lester Harvey. Text entry; no PDF attached. Arraignment set for 2/11/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013
14	MOTION for Detention Hearing by USA as to Larry Lester Harvey. (Hicks, Earl) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013
15	Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Arraignment / Initial Appearance held on 2/11/2013 as to Larry Lester Harvey (2). Not Guilty pleas were entered (Reported/Recorded by: FTR/S-740) (LS, Courtroom Deputy) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013
16	ORDER APPOINTING FEDERAL DEFENDER as to Larry Lester Harvey. On the basis of the sworn financial statement, the court finds Defendant is financially unable to retain counsel. IT IS ORDERED the Federal Defenders of Eastern Washington are appointed to represent Defendant pursuant to Title 18 United States Code Sec. 3006A. Text entry;no PDF document will issue. This text-only entry constitutes the court order on the matter. Signed by Magistrate Judge Cynthia Imbrogno. (KR, Judicial Assistant) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013
17	ORDER Following Arraignment/Initial Appearance as to Larry Lester Harvey; dft entered plea(s) of not guilty; Bail Hearing set for 2/14/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013
18	ORDER REGARDING DISCOVERY, PRETRIAL MOTIONS, CONFLICT OF INTEREST as to Larry Lester Harvey. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013
20	ASSERTION OF FIFTH AND SIXTH AMENDMENT RIGHTS by Larry Lester Harvey (LE, Case Administrator) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013
21	ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Larry Lester Harvey (LE, Case Administrator) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013
22	Consent to Appearance by Legal Intern by Larry Lester Harvey as to Larry Lester Harvey (LE, Case Administrator) (Entered: 02/11/2013)	Feb. 11, 2013	Feb. 11, 2013
	Arrest	Feb. 11, 2013	Feb. 11, 2013
	Arrest of Michelle Lynn Gregg on 2/11/13 in Western Washington. (LE, Case Administrator)	Feb. 11, 2013	Feb. 11, 2013
23	Arrest Warrant Returned Executed on 2/11/13 as to Larry Lester Harvey. (LE, Case Administrator) (Entered: 02/12/2013)	Feb. 12, 2013	Feb. 12, 2013
24	NOTICE OF HEARING By Court as to Michelle Lynn Gregg. Text entry; no PDF attached. Arraignment set for 2/22/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/12/2013)	Feb. 12, 2013	Feb. 12, 2013
25	NOTICE OF HEARING - By Court as to Larry Lester Harvey Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/21/2013 at 01:30 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/13/2013)	Feb. 13, 2013	Feb. 13, 2013
26	NOTICE OF ATTORNEY APPEARANCE: Matthew A Campbell appearing for Larry Lester Harvey (Campbell, Matthew) (Entered: 02/13/2013)	Feb. 13, 2013	Feb. 13, 2013
28	Arrest Warrant Returned Executed on 2/11/13 as to Michelle Lynn Gregg. (LE, Case Administrator) (Entered: 02/13/2013)	Feb. 13, 2013	Feb. 13, 2013
29	NOTICE to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 18 Order Regarding Discovery as to Larry Lester Harvey (Hicks, Earl) (Entered: 02/14/2013)	Feb. 14, 2013	Feb. 14, 2013
30	APPOINTMENT ORDER. Type of Appointment: CJA. IT IS ORDERED that Bevan Jerome Maxey is appointed to represent Michelle Lynn Gregg in this matter. TEXT ONLY entry; no PDF document will issue. This text-only entry constitutes the court order or notice on the matter. Signed by Magistrate Judge Cynthia Imbrogno. (KR, Judicial Assistant) (Entered: 02/14/2013)	Feb. 14, 2013	Feb. 14, 2013
31	NOTICE OF HEARING By Court as to Rhonda Lee Firestack-Harvey, Rolland Mark Gregg, and Jason Lee Zucker. Text entry; no PDF attached. Arraignments set for 2/19/2013 at 3:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/14/2013)	Feb. 14, 2013	Feb. 14, 2013
33	ORDER REQUIRING CO-PAYMENT as to Michelle Lynn Gregg; Dft shall pay a $100 co-payment to USDC-WAED by 3/1/13, and on the 1st of each and every month thereafter during the pendency of this case or until further order of the court. Signed by Magistrate Judge Cynthia Imbrogno. (cc USDC-WAED Finance Dept.) (LE, Case Administrator) (Entered: 02/14/2013)	Feb. 14, 2013	Feb. 14, 2013
34	Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Bail Hearing as to Larry Lester Harvey held on 2/14/2013 (Reported/Recorded by: FTR/S-740) (LS, Courtroom Deputy) (Entered: 02/14/2013)	Feb. 14, 2013	Feb. 14, 2013
35	ORDER GRANTING THE UNITED STATES' MOTION FOR DETENTION; granting 14 Motion for Detention as to Larry Lester Harvey (2). Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/14/2013)	Feb. 14, 2013	Feb. 14, 2013
36	MOTION for Detention Hearing by USA as to Rhonda Lee Firestack-Harvey. (Hicks, Earl) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013
37	MOTION for Detention Hearing by USA as to Jason Lee Zucker. (Hicks, Earl) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013
38	MOTION for Detention Hearing by USA as to Rolland Mark Gregg. (Hicks, Earl) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013
39	MOTION for Detention Hearing by USA as to Michelle Lynn Gregg. (Hicks, Earl) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013
40	NOTICE OF ATTORNEY APPEARANCE: Robert Flennaugh, II appearing for Jason Lee Zucker (Flennaugh, Robert) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013
41	Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Arraignment / Initial Appearance held on 2/19/2013 as to Rhonda Lee Firestack-Harvey (1) and Jason Lee Zucker (5) (Reported/Recorded by: FTR/S-740) (LS, Courtroom Deputy) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013
42	NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL. Attorney Matthew Campbell has withdrawn. Attorney Syovata K. Edari is substituted on behalf of defendant Larry Lester Harvey (Edari, Syovata) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013
43	APPOINTMENT ORDER. Type of Appointment: CJA. IT IS ORDERED that Jeffrey Scott Niesen is appointed to represent Rhonda Lee Firestack-Harvey in this matter. TEXT ONLY entry; no PDF document will issue. This text-only entry constitutes the court order or notice on the matter. Signed by Magistrate Judge Cynthia Imbrogno. (JW, Operations Clk) (Entered: 02/19/2013)	Feb. 19, 2013	Feb. 19, 2013
48	ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Rhonda Lee Firestack-Harvey (LE, Case Administrator) (Entered: 02/20/2013)	Feb. 19, 2013	Feb. 19, 2013
50	ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Jason Lee Zucker (LE, Case Administrator) (Entered: 02/20/2013)	Feb. 19, 2013	Feb. 19, 2013
	Arrest	Feb. 19, 2013	Feb. 19, 2013
	Arrest of Rolland Mark Gregg on 2/19/13. (LE, Case Administrator)	Feb. 19, 2013	Feb. 19, 2013
44	NOTICE OF ATTORNEY APPEARANCE: Jeffrey Scott Niesen appearing for Rhonda Lee Firestack-Harvey (Niesen, Jeffrey) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013
45	ORDER OF TEMPORARY DETENTION PENDING HEARING PURSUANT TO BAIL REFORM ACT as to Rhonda Lee Firestack-Harvey; Dft entered plea(s) of not guilty; dft shall be detained by USM; Bail Hearing set for 2/27/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013
46	ORDER OF TEMPORARY DETENTION PENDING HEARING PURSUANT TO BAIL REFORM ACT as to Jason Lee Zucker; Dft entered plea(s) of not guilty; dft committed to custody of USM; Bail Hearing set for 2/27/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013
47	ORDER REGARDING DISCOVERY, PRETRIAL MOTIONS, CONFLICT OF INTEREST as to Rhonda Lee Firestack-Harvey, Jason Lee Zucker. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013
51	NOTICE OF HEARING - By Court - Text entry;no PDF document - as to Rhonda Lee Firestack-Harvey Pretrial Conference RESET for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013
52	NOTICE OF HEARING - By Court - Text entry;no PDF document - as to Larry Lester Harvey Pretrial Conference RESET for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. The pretrial conference set for defendant Rhonda Lee Firestack-Harvey was set in error and is VACATED.(KJH, Judicial Assistant) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013
53	NOTICE OF HEARING By Court as to Rolland Mark Gregg. Text entry; no PDF attached. Arraignment set for 2/22/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013
54	NOTICE OF HEARING - By Court as to Rhonda Lee Firestack-Harvey Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/21/2013)	Feb. 21, 2013	Feb. 21, 2013
55	NOTICE OF HEARING - By Court as to Jason Lee Zucker Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/21/2013)	Feb. 21, 2013	Feb. 21, 2013
56	RULE 5 DOCUMENTS RECEIVED from USDC Western District of Washington as to Rolland Mark Gregg. (Attachments: # 1 Transmittal Letter)(LE, Case Administrator) (Entered: 02/21/2013)	Feb. 21, 2013	Feb. 21, 2013
59	NOTICE OF HEARING By Court as to Michelle Lynn Gregg and Rolland Mark Gregg. Text entry; no PDF attached. On request of counsel, Arraignments are reset for 2/22/2013 at 3:00 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/21/2013)	Feb. 21, 2013	Feb. 21, 2013
60	Arrest Warrant Returned Executed on 2/19/13 as to Rolland Mark Gregg. (LE, Case Administrator) (Entered: 02/21/2013)	Feb. 21, 2013	Feb. 21, 2013
61	Arrest Warrant Returned Executed on 2/19/13 as to Rhonda Lee Firestack-Harvey. (LE, Case Administrator) (Entered: 02/21/2013)	Feb. 21, 2013	Feb. 21, 2013
62	Arrest Warrant Returned Executed on 2/19/13 as to Jason Lee Zucker. (LE, Case Administrator) (Entered: 02/21/2013)	Feb. 21, 2013	Feb. 21, 2013
63	MEMORANDUM for Pre-Trial release by Rhonda Lee Firestack-Harvey as to Rhonda Lee Firestack-Harvey (Niesen, Jeffrey) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013
64	NOTICE OF ATTORNEY APPEARANCE: Douglas Dwight Phelps appearing for Rolland Mark Gregg (Phelps, Douglas) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013
65	NOTICE of Intent to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 47 Order Regarding Discovery as to Jason Lee Zucker (Hicks, Earl) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013
66	NOTICE of Intent to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 47 Order Regarding Discovery as to Rhonda Lee Firestack-Harvey (Hicks, Earl) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013
67	ORDER REGARDING DISCOVERY, PRETRIAL MOTIONS, CONFLICT OF INTEREST as to Michelle Lynn Gregg. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013
68	ORDER REGARDING DISCOVERY, PRETRIAL MOTIONS, CONFLICT OF INTEREST as to Rolland Mark Gregg. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013
69	Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Arraignment / Initial Appearance held on 2/22/2013 as to Michelle Lynn Gregg (3) Not Guilty pleas were entered. (Reported/Recorded by: FTR/S-740) (LS, Courtroom Deputy) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013
70	ORAL MOTION for Reconsideration of Order of Release from the Western District of Washington by USA as to Rolland Mark Gregg. (LS, Courtroom Deputy) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013
71	Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Arraignment / Initial Appearance and Bail Hearing held on 2/22/2013 as to Rolland Mark Gregg (4). Not Guilty pleas were entered (Reported/Recorded by: FTR/S-740) (LS, Courtroom Deputy) (Entered: 02/22/2013)	Feb. 22, 2013	Feb. 22, 2013
73	Appearance Bond Posted as to Rolland Mark Gregg in amount of $50,000.00, Receipt Number N/A. (LE, Case Administrator) (Entered: 02/25/2013)	Feb. 22, 2013	Feb. 22, 2013
75	ORAL MOTION for appointment of counsel by Rolland Mark Gregg. (LS, Courtroom Deputy) (Entered: 02/25/2013)	Feb. 22, 2013	Feb. 22, 2013
78	ORDER FOLLOWING: INITIAL APPEARANCE, ARRAIGNMENT, MOTION DENIED; dft entered plea(s) of not guilty; denying 38 Motion for Detention as to Rolland Mark Gregg (4); Appearance Bond in the amount of $50,000.00 required; dft remains under the conditions of release set in the Western District of Washington by Magistrate Judge Theiler (except as stated herein). Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/25/2013)	Feb. 22, 2013	Feb. 22, 2013
80	ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Michelle Lynn Gregg (LE, Case Administrator) (Entered: 02/25/2013)	Feb. 22, 2013	Feb. 22, 2013
81	ACKNOWLEDGMENT OF NOTICE OF RIGHTS by Rolland Mark Gregg (LE, Case Administrator) (Entered: 02/25/2013)	Feb. 22, 2013	Feb. 22, 2013
72	First MOTION for Discovery by Rhonda Lee Firestack-Harvey as to Rhonda Lee Firestack-Harvey, Larry Lester Harvey, Michelle Lynn Gregg, Rolland Mark Gregg, Jason Lee Zucker. Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Niesen, Jeffrey) Modified on 2/25/2013 -- This motion filed on behalf of dft Firestack-Harvey.(LE, Case Administrator). (Entered: 02/24/2013)	Feb. 24, 2013	Feb. 24, 2013
76	ORDER FOLLOWING ARRAIGNMENT AND MODIFYING CONDITIONS OF RELEASE; DENYING AS MOOT (ECF 39 ) MOTION FOR DETENTION; Dft entered plea(s) of not guilty; denying as moot 39 Motion for Detention as to Michelle Lynn Gregg (3); dft is released on the conditions of release set in the Western District of Washington. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/25/2013)	Feb. 25, 2013	Feb. 25, 2013
77	ORDER GRANTING (ECF NO. 75 ) ORAL MOTION FOR APPOINTMENT OF COUNSEL; granting 75 Motion Appointment of Counsel as to Rolland Mark Gregg (4); Attorney Douglas Phelps is appointed. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/25/2013)	Feb. 25, 2013	Feb. 25, 2013
	Set/Reset Deadlines/Hearings	Feb. 25, 2013	Feb. 25, 2013
	Set Bail Hearing as to Rhonda Lee Firestack-Harvey: Bail Hearing set for 2/26/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy)	Feb. 25, 2013	Feb. 25, 2013
84	NOTICE of Intent to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 68 Order Regarding Discovery as to Rolland Mark Gregg (Hicks, Earl) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
85	NOTICE OF HEARING - By Court as to Michelle Lynn Gregg Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
86	NOTICE OF HEARING - By Court as to Rolland Mark Gregg Jury Trial set for 4/8/2013 at 09:00 AM in Spokane before Senior Judge Fred Van Sickle. Pretrial Conference set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (VR, Courtroom Deputy) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
87	NOTICE of Intent to Comply with Criminal Discovery Obligations and Reciprocal Request for Disclosure of Evidence by the Defendant by USA re 67 Order Regarding Discovery as to Michelle Lynn Gregg (Hicks, Earl) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
89	Appearance Bond Posted as to Rhonda Lee Firestack-Harvey in amount of $75,000.00, Receipt Number N/A. (LE, Case Administrator) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
91	ORDER: EXECUTED AO 199c FOR RELEASE OF DEFENDANT as to Rhonda Lee Firestack-Harvey. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
92	NOTICE OF HEARING By Court - Text entry;no PDF document - as to Larry Lester Harvey. Bail Review Hearing set for 2/27/2013 at 1:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (LS, Courtroom Deputy) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
93	ORDER DENYING THE UNITED STATES' MOTION FOR DETENTION; denying 36 Motion for Detention as to Rhonda Lee Firestack-Harvey (1). Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
94	Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Bail Hearing as to Rhonda Lee Firestack-Harvey held on 2/26/2013 (Reported/Recorded by: FTR/S-740) (LS, Courtroom Deputy) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
95	MOTION to Re-open Detention Hearing by Larry Lester Harvey. Motion Hearing set for 2/27/2013 at 01:30 PM in Spokane before Magistrate Judge Cynthia Imbrogno. (Edari, Syovata) (Entered: 02/26/2013)	Feb. 26, 2013	Feb. 26, 2013
96	NOTICE Letters in support of release by Jason Lee Zucker as to Jason Lee Zucker (Flennaugh, Robert) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
97	MOTION to Join in Co-Defendant's Motions by Rolland Mark Gregg. Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Proposed Order)(Phelps, Douglas) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
98	NOTICE of Joinder by Jason Lee Zucker re 72 First MOTION for Discovery as to Rhonda Lee Firestack-Harvey (Flennaugh, Robert) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
99	ORDER Setting Conditions of Release (Statement of Reasons at ECF No. 93 ) as to Rhonda Lee Firestack-Harvey (1); $75,000.00 Appearance Bond. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
100	Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Bail Review Hearing as to Larry Lester Harvey held on 2/27/2013 (Reported/Recorded by: FTR/S-740) (LS, Courtroom Deputy) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
101	Minute Entry for proceedings held before Magistrate Judge Cynthia Imbrogno:Bail Hearing as to Jason Lee Zucker held on 2/27/2013 (Reported/Recorded by: FTR/S-740) (LS, Courtroom Deputy) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
102	Appearance Bond Posted as to Larry Lester Harvey in amount of $ 75,000.00, Receipt Number N/A. (LE, Case Administrator) (LE, Case Administrator). (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
104	Appearance Bond Posted as to Jason Lee Zucker in amount of $ 75,000.00, Receipt Number N/A. (LE, Case Administrator) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
106	ORDER: EXECUTED AO 199c FOR RELEASE OF DEFENDANT as to Larry Lester Harvey. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) Modified on 2/27/2013 -- (hand delivered to USM) (LE, Case Administrator). (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
107	ORDER: EXECUTED AO 199c FOR RELEASE OF DEFENDANT as to Jason Lee Zucker. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) Modified on 2/27/2013 -- (hand delivered to USM) (LE, Case Administrator). (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
108	ORDER GRANTING MOTION AND SETTING CONDITIONS OF RELEASE; MOTION GRANTED; granting 95 Motion to Re-open Detention Hearing as to Larry Lester Harvey (2); dft shall post Appearance Bond in the amount of $75,000.00. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
109	ORDER DENYING THE UNITED STATES' MOTION FOR DETENTION AS MOOT; denying as moot govt's 37 Motion for Detention as to Jason Lee Zucker (5). Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
110	ORDER SETTING AGREED CONDITIONS OF RELEASE as to Jason Lee Zucker (5); dft to post Appearance Bond in the amount of $75,000.00. Signed by Magistrate Judge Cynthia Imbrogno. (LE, Case Administrator) (Entered: 02/27/2013)	Feb. 27, 2013	Feb. 27, 2013
111	MOTION Join Co Defendant's Motions by Michelle Lynn Gregg. Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Attachments: # 1 Text of Proposed Order Proposed Order to Join)(Maxey, Bevan) (Entered: 03/06/2013)	March 6, 2013	March 6, 2013
112	MOTION for Joinder by Larry Lester Harvey. Motion Hearing set for 3/26/2013 at 03:00 PM in Spokane before Senior Judge Fred Van Sickle. (Edari, Syovata) (Entered: 03/11/2013)	March 11, 2013	March 11, 2013
113	MOTION to Continue by Larry Lester Harvey. Motion Hearing set for 3/18/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Edari, Syovata) (Entered: 03/11/2013)	March 11, 2013	March 11, 2013
114	MOTION to Expedite by Larry Lester Harvey. Motion Hearing set for 3/18/2013 at 06:30 PM in Without Oral Argument before Senior Judge Fred Van Sickle. (Edari, Syovata) (Entered: 03/11/2013)	March 11, 2013	March 11, 2013

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Case Details

State / Territory:

Washington

Case Type(s):

Criminal Justice (Other)

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 6, 2013

Closing Date: 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

This is a criminal case in which the United States prosecuted five individuals for manufacturing and distributing marijuana in violation of the Controlled Substances Act as well as possession of a firearm in furtherance of a drug crime.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

The United States of America

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Ex Parte Young (Federal) or Bivens

Other Dockets:

Eastern District of Washington 2:13-cr-00024

Special Case Type(s):

Criminal

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Criminal Conviction

Source of Relief:

Litigation

Amount Defendant Pays: Varies

Recommended Citation

Case Summary of United States v. Firestack-Harvey, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/14246/ (last updated 11/17/2016).