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Date: 06-29-2020

Case Style:

United States of America v. Dennis Raymond McPherron

Case Number: CR17-00242-JAS-EJM

Judge: James A. Soto

Court: United States District Court for the District of Arizona (Pima County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:


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Description:






Tucson, AZ - The United States of America charged Dennis Raymond McPherron, age 74, with smuggling eagle feathers.

Defendant, who is from Hamilton, Montana, pleaded guilty of illegally smuggling bald eagle feathers (and other feathers from protected species) into the United States, in violation of the Bald and Golden Eagle Protection Act. The case was tried before District Court Judge Soto in January. McPherron faces up to five years in prison and a $250,000 fine.

The United States Fish and Wildlife Service conducted the investigation in cooperation with United States Customs and Border Protection. The United States Attorney’s Office, District of Arizona, Tucson, prosecuted the case.

02/15/2017 1 INDICTMENT as to Dennis Raymond McPherron (1) count(s) 1. Arraignment set for 3/3/2017 at 11:00 AM before Magistrate Judge Lynnette C Kimmins. (MFR) (Entered: 02/16/2017)
03/03/2017 5 MINUTE ENTRY for proceedings held before Magistrate Judge Lynnette C Kimmins: Initial Appearance, Arraignment, Detention Hearing, and Attorney Appointment as to Dennis Raymond McPherron held on 3/3/2017. Defendant states TRUE NAME to be SAME. Defendant enters plea of NOT guilty to all pending counts. Defendant provided with copy of Indictment. Reading waived. Without objection from the Government, Defendant ORDERED released on conditions as set forth in the separate Order Setting Conditions of Release, as recommended by Pretrial Services. Defendant advised of those conditions. FINANCIAL AFFIDAVIT FILED. Appointed AFPD Attorney Elena Kay for Defendant. Motion Hearing date: All pretrial motions shall be filed sufficiently in advance of trial to avoid any delays in the trial pursuant to LRCrim 47.1. It is the responsibility of counsel to contact the referred Magistrate Judge to schedule a hearing on any motions requiring oral argument. Any motion or stipulation to continue the scheduled trial date and change of plea hearing deadline shall be filed with the Clerk of the Court no later than 5:00 p.m. on the Monday following the plea deadline.

Appearances: AUSA Sandra Hansen, attorney on duty for the Government. AFPD Elena Kay for Defendant. Defendant is present (Summons). Jury Trial set for 4/11/2017 at 9:30 AM before Judge James A. Soto. Plea Deadline set for 3/24/2017. (Recorded by COURTSMART.) Hearing held 11:22 AM to 12:18 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAB) (Entered: 03/06/2017)
03/03/2017 6 ORDER Setting Conditions of Release as to Dennis Raymond McPherron. Signed by Magistrate Judge Lynnette C Kimmins on 3/3/2017.(CAB) (Entered: 03/06/2017)
03/21/2017 10 First MOTION to Continue Trial and Plea Deadline by Dennis Raymond McPherron. (Kay, Elena) (Entered: 03/21/2017)
03/21/2017 11 ORDER granting 10 Motion to Continue Trial and Plea Deadline filed as to Dennis Raymond McPherron (1). Jury Trial set for 6/13/2017 at 09:30 AM before Judge James A Soto. Plea deadline is 5/26/2017. Signed by Judge James A Soto on 3/21/2017.(TAD) (Entered: 03/21/2017)
03/31/2017 12 NOTICE OF FEDERAL PUBLIC DEFENDER APPEARANCE: W. Eric Rau appearing for Dennis Raymond McPherron . (Rau, W) (Entered: 03/31/2017)
05/16/2017 13 Second MOTION to Continue Trial and Plea Deadline by Dennis Raymond McPherron. (Kay, Elena) (Entered: 05/16/2017)
05/18/2017 14 ORDER granting 13 Motion to Continue Trial and Plea Deadline filed as to Dennis Raymond McPherron (1). Jury Trial set for 8/15/2017 at 09:30 AM before Judge James A Soto. Plea deadline is 7/28/2017. Signed by Judge James A Soto on 5/17/2017.(TAD) (Entered: 05/18/2017)
06/28/2017 15 Third MOTION to Continue Trial and Plea Deadline by Dennis Raymond McPherron. (Kay, Elena) (Entered: 06/28/2017)
06/30/2017 16 SCHEDULING ORDER AND ORDER granting 15 Motion to Continue Trial and Plea Deadline filed as to Dennis Raymond McPherron (1). Jury Trial set for 10/17/2017 at 09:30 AM before Judge James A Soto. Plea deadline is 9/29/2017. (See attached PDF for complete information). Signed by Judge James A Soto on 6/30/2017.(TAD) (Entered: 06/30/2017)
07/11/2017 17 ORDER as to Dennis Raymond McPherron that a Pretrial Status Conference is set for 7/26/2017 at 10:00 AM before Magistrate Judge Eric J Markovich (see attached Order for complete details). Signed by Magistrate Judge Eric J Markovich on 7/10/2017.(MFR) (Entered: 07/11/2017)
07/26/2017 18 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Status Conference as to Dennis Raymond McPherron held on 7/26/2017. The parties report that this case is trial bound, but the current trial date is unrealistic. A trial date in March 2018 is preferred by both parties. The parties will file motions to the District Court and are directed to seek a Status Hearing before District Judge Soto to firm trial date.

Appearances: AUSA Michael Jette for the Government, AFPD Elena Kay & Eric Rau for defendant. Defendant is not present and released (waived). (Recorded by COURTSMART.) Hearing held 9:56 AM to 9:58 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARS) (Entered: 07/26/2017)
10/03/2017 19 MINUTE ORDER: as to Dennis Raymond McPherron. This case is scheduled for jury trial on 10/17/2017 before Judge James A Soto. As a change of plea has not been entered, a motion to continue trial has not been filed, or a confirmation of the trial date has not been sent to chambers, counsel are in violation of the court-ordered deadlines. Counsel shall file a motion to continue the trial and plea deadline or notify chambers by email that the parties are ready to proceed to trial on the currently scheduled trial date by NO LATER than 12:00 p.m. on 10/4/2017. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TAD) (Entered: 10/03/2017)
10/03/2017 20 Fourth MOTION to Continue Trial and Plea Deadline by Dennis Raymond McPherron. (Kay, Elena) (Entered: 10/03/2017)
10/04/2017 21 ORDER granting 20 Motion to Continue Trial and Plea Deadline filed as to Dennis Raymond McPherron (1). Jury Trial set for 12/19/2017 at 09:30 AM before Judge James A Soto. Plea deadline is 12/1/2017. Signed by Judge James A Soto on 10/3/2017.(TAD) (Entered: 10/04/2017)
11/21/2017 22 Fifth MOTION to Continue Trial and Plea Deadline by Dennis Raymond McPherron. (Kay, Elena) (Entered: 11/21/2017)
11/22/2017 23 ORDER granting 22 Motion to Continue Trial and Plea Deadline filed as to Dennis Raymond McPherron (1). Jury Trial set for 2/21/2018 at 09:30 AM before Judge James A Soto. Plea deadline is 2/2/2018. Signed by Judge James A Soto on 11/22/2017.(TAD) (Entered: 11/22/2017)
02/02/2018 24 Sixth MOTION to Continue Trial and Plea Deadline by Dennis Raymond McPherron. (Kay, Elena) (Entered: 02/02/2018)
02/05/2018 25 ORDER granting 24 Motion to Continue Trial and Plea Deadline filed as to Dennis Raymond McPherron (1). Jury Trial set for 4/24/2018 at 09:30 AM before Judge James A Soto. Plea deadline is 4/6/2018. Signed by Judge James A Soto on 2/5/2018.(TAD) (Entered: 02/05/2018)
02/06/2018 26 ORDERED as to Dennis Raymond McPherron that a Pretrial Status Conference is set for 2/16/2018 at 11:30 AM before Magistrate Judge Eric J Markovich. Signed by Magistrate Judge Eric J Markovich on 2/5/2018.(BAR) (Entered: 02/06/2018)
02/15/2018 27 At the request of the government, due to a calendar conflict, and the Court being advised there is no objection by defense counsel, IT IS ORDERED the Pretrial Status Conference set for 2/16/2018, as to Defendant Dennis Raymond McPherron, is RESET for Wednesday, 2/21/2018 at 09:45 AM in Courtroom 6F, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Eric J Markovich. Ordered by Magistrate Judge Eric J Markovich.(EJM, cm)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 02/15/2018)
02/21/2018 28 Seventh MOTION to Continue Trial and Plea Deadline by Dennis Raymond McPherron. (Kay, Elena) (Entered: 02/21/2018)
02/21/2018 29 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Status Conference as to Dennis Raymond McPherron held on 2/21/2018. Defense counsel waives the presence of the Defendant for purposes of today's hearing. Defense counsel is uncertain if this matter shall proceed to trial; however, will file an additional Motion to Continue Trial and request a firm trial date from Judge Soto.

Appearances: AUSA Michael Jette for the Government, AFPD Elena Kay for defendant. Defendant's presence waived (released). (Recorded by COURTSMART.) Hearing held 9:48 AM to 9:50 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CXE) (Entered: 02/21/2018)
02/22/2018 30 The Court has reviewed the defendant's Motion to Continue Trial and Plea Deadline (Doc. 28 ). IT IS ORDERED setting a Status Conference, as to Dennis Raymond McPherron, regarding the motion on MARCH 8, 2018 AT 11:00 AM before this Court. Ordered by Judge James A. Soto. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (SGF) (Entered: 02/22/2018)
03/08/2018 31 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference as to Dennis Raymond McPherron held on 3/8/2018. Court denies without prejudice 28 Motion to Continue Trial and Plea Deadline. Parties to schedule a settlement conference with Magistrate Judge Macdonald. (Court Reporter Cindy Shearman.) Hearing held 10:57am to 11:10am.(TAD) (Entered: 03/08/2018)
04/05/2018 32 Eighth MOTION to Continue Trial and Plea Deadline by USA as to Dennis Raymond McPherron. (Jette, Michael) (Entered: 04/05/2018)
04/09/2018 33 IT IS ORDERED, as to Dennis Raymond McPherron, A Status Conference is set for 4/19/2018 at 09:00 AM before Judge James A Soto. Ordered by Judge James A Soto.(TAD)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 04/09/2018)
04/12/2018 34 First MOTION to Withdraw as Attorney as to attorney Elena M. Kay and W. Eric Rau by Dennis Raymond McPherron. (Kay, Elena) (Entered: 04/12/2018)
04/17/2018 35 IT IS ORDERED that the 34 First MOTION to Withdraw as Attorney as to defendant, Dennis Raymond McPherron, is set for Motion Hearing on 4/19/2018 at 09:00AM before Judge James A. Soto. IT IS FURTHER ORDERED that the defendant, Dennis Raymond McPherron appear telephonically for the hearing. Ordered by Judge James A. Soto. (JAS, gm)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 04/17/2018)
04/19/2018 36 MINUTE ENTRY for proceedings held before Judge James A Soto: Motion Hearing as to Dennis Raymond McPherron held on 4/19/2018. Re: 32 Eighth MOTION to Continue Trial and Plea Deadline filed by USA, 34 First MOTION to Withdraw as Attorney as to attorney Elena M. Kay and W. Eric Rau filed by Dennis Raymond McPherron. Both Motions are GRANTED. CJA Thomas Higgins is appointed as counsel of record and AFPD Attorney's Elena Kay and Eric Rau are withdrawn. Status Hearing is set for 6/4/2018 at 2:00pm. Defendant may appear telephonically for the hearing. A new trial date will be set at the status hearing.

Defendant is released and appearing telephonically. (Court Reporter Cindy Shearman.) Hearing held 8:45am to 9:03am.(TAD) (Entered: 04/19/2018)
05/15/2018 37 IT IS ORDERED the Status Conference set for 6/4/2018, as to Dennis Raymond McPherron, is RESET for 5/31/2018 at 02:00 PM before Judge James A. Soto. Ordered by Judge James A. Soto. (JAS, gm) (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 05/15/2018)
05/31/2018 38 MINUTE ENTRY for proceedings held before Judge James A. Soto: Status Conference as to Dennis Raymond McPherron held on 5/31/2018. For reasons set forth on the record, the status conference scheduled for today is continued to June 13, 2018 at 2:00 pm, Mountain Standard Time. Defendant is to be available by telephone for this hearing. Mr. Higgins is to contact the defendant and be prepared to set a firm trial date. If disclosure has not been received, Mr. Higgins is to contact prior counsel. If he is unable to obtain the disclosure, Mr. Jette states he will provide him a copy.

Appearances: AUSA Michael Jette for the Government, CJA Attorney Harriette Levitt for Thomas Higgins for defendant. Defendant is present and released. Interpreter: N/A. (Court Reporter Cindy Shearman.) Hearing held 1:59 pm to 2:06 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SVC) (Entered: 06/01/2018)
06/13/2018 39 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference as to Dennis Raymond McPherron held on 6/13/2018. Discussion is held with the parties. Court sets this matter for Jury Trial on 10/16/2018 at 9:00am. Anticipated length of trial is 4 days. Plea Deadline is set for 9/28/2018. Court further sets a pretrial conference for 10/11/2018 at 1:30pm.

Appearances: AUSA Michael Jette for the Government, CJA Attorney Thomas Higgins for defendant. Defendant is present (appearing telephonically) and is released. (Court Reporter Cindy Shearman.) Hearing held 1:58pm to 2:05pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TAD) (Entered: 06/13/2018)
06/14/2018 40 SCHEDULING ORDER as to Dennis Raymond McPherron. By no later than 10/5/2018 parties shall file A-G as indicated in Order. A pretrial conference is set for 10/11/2018 at 1:30pm. Jury Trial is set for 10/16/2018 at 9:00am. Motion Deadline 9/28/2018. (See attached PDF for complete information). Signed by Judge James A Soto on 6/14/2018. (Attachments: # 1 Voir Dire)(TAD) (Entered: 06/14/2018)
09/19/2018 41 First MOTION to Continue Trial and Extend Time to File Pretrial Motions by Dennis Raymond McPherron. (Higgins, Thomas) (Entered: 09/19/2018)
09/20/2018 42 ORDER granting 41 Motion to Continue Trial and Extend Time to File Pretrial Motions filed as to Dennis Raymond McPherron (1). Jury Trial set for 1/15/2019 at 09:30 AM before Judge James A Soto. Plea Deadline 12/28/2018. The Pretrial Conference currently set for 10/11/2018 is vacated. Signed by Judge James A Soto on 9/20/2018.(TAD) (Entered: 09/20/2018)
09/20/2018 43 IT IS ORDERED, as to Dennis Raymond McPherron, setting this matter for a Status Conference for 11/26/2018 at 02:00 PM before Judge James A Soto. Ordered by Judge James A Soto.(TAD)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 09/20/2018)
11/02/2018 44 Second MOTION to Continue Trial and Extend Time to File Pretrial Motions by Dennis Raymond McPherron. (Higgins, Thomas) (Entered: 11/02/2018)
11/26/2018 45 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference as to Dennis Raymond McPherron held on 11/26/2018. Court grants 44 Motion to Continue Trial and Extend Time to File Pretrial Motions filed as to Dennis Raymond McPherron (1). Jury Trial is continued for 3/26/2019 at 09:00am. Plea Deadline 3/8/2019. Final Pretrial Conference set for 3/21/2019 at 01:30pm. (Court Reporter Cindy Shearman.) Hearing held 2:16pm to 2:22pm.(TAD) (Entered: 11/27/2018)
11/28/2018 46 SCHEDULING ORDER as to Dennis Raymond McPherron. By no later than 3/15/2019 parties shall file A-G as indicated in Order. Pretrial Conference is set for 3/21/2019 at 1:30pm. Jury Trial is set for 3/26/2019 at 9:00am. Motion Deadline 3/8/2019. (See attached PDF for complete information). Signed by Judge James A Soto on 11/28/2018. (Attachments: # 1 Voir Dire)(TAD) (Entered: 11/28/2018)
01/15/2019 47 IT IS ORDERED, as to Dennis Raymond McPherron, A Status Conference is set for 2/1/2019 at 02:20 PM before Judge James A Soto. Ordered by Judge James A Soto.(TAD)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 01/15/2019)
02/01/2019 48 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference as to Dennis Raymond McPherron held on 2/1/2019. Jury Trial is reset to to 5/14/2019 at 9:00am with a plea deadline of 4/26/2019. Anticipated length of trial is 4 days. A Pretrial Conference is set for 5/9/2019 at 1:30pm. Mr. Higgins is directed to file an acknowledgment signed by the defendant. Deadline for filing dispositive motions and motion's in limine is 2/15/2019. Defendant presence waived. Scheduling Order to issue. (Court Reporter Cindy Shearman.) Hearing held 2:32pm to 2:46pm.(TAD) (Entered: 02/01/2019)
02/04/2019 49 SCHEDULING ORDER as to Dennis Raymond McPherron. By no later than 5/3/2019 parties shall file A-G as indicated in order. Jury Trial is set for 5/14/2019 at 9:00am. Pretrial Conference is set for 5/9/2019 at 1:30pm. Motion Deadline 4/26/2019. (See attached PDF for complete information). Signed by Judge James A Soto on 2/4/2019. (Attachments: # 1 Voir Dire)(TAD) (Entered: 02/04/2019)
02/11/2019 50 First MOTION in Limine by USA as to Dennis Raymond McPherron. (Jette, Michael) (Entered: 02/11/2019)
02/19/2019 51 *Acknowledgment of Trial by Dennis Raymond McPherron. (Higgins, Thomas) *Modified to correct event typ on 2/20/2019 (BAC). (Entered: 02/19/2019)
03/18/2019 52 First MOTION to Continue Final Pre-Trial Conference by Dennis Raymond McPherron. (Higgins, Thomas) (Entered: 03/18/2019)
03/18/2019 53 RESPONSE to Motion by Dennis Raymond McPherron re: 50 First MOTION in Limine . (Higgins, Thomas) (Entered: 03/18/2019)
03/18/2019 54 MINUTE ORDER: The Court has reviewed the Motion to Continue Final Pretrial Conference (Doc. 52 ) filed by the defendant, Dennis Raymond McPherron. On February 1, 2019 (Doc. 48 ), the Court continued the pretrial conference from March 21, 2019 to May 9, 2019 at 1:30 p.m. Therefore, IT IS ORDERED FINDING AS MOOT the motion to continue. Ordered by Judge James A. Soto. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (SGF) (Entered: 03/18/2019)
03/21/2019 55 *Reply to Defendant's Response to Motion in Limine re: 53 Response to Motion by USA as to Dennis Raymond McPherron. (Jette, Michael) *Modified to correct event type from motion, to Reply to Response on 3/28/2019 (BAC). (Entered: 03/21/2019)
04/09/2019 56 IT IS ORDERED the 50 First MOTION in Limine as to Dennis Raymond McPherron that a Motion Hearing is set for 4/16/2019 at 02:00PM before Judge James A. Soto. Ordered by Judge James A. Soto. (JAS, gm) (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 04/09/2019)
04/10/2019 57 IT IS ORDERED the 50 First MOTION in Limine as to Dennis Raymond McPherron is set for 4/17/2019 at 08:30AM before Judge James A. Soto. Ordered by Judge James A. Soto. (JAS, gm) (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 04/10/2019)
04/10/2019 58 Third MOTION to Continue Trial and Plea Deadline by Dennis Raymond McPherron. (Higgins, Thomas) (Entered: 04/10/2019)
04/15/2019 59 ORDER granting 58 Motion to Continue Trial and Plea Deadline filed as to Dennis Raymond McPherron (1). Jury Trial set for 7/16/2019 at 09:00 AM before Judge James A Soto. Plea deadline is 6/28/2019. The Final Pretrial Conference set on 5/9/2019 at 1:30 PM is VACATED. The Motion Hearing set on 4/17/2019 at 8:30 AM before this Court is AFFIRMED. Signed by Judge James A Soto on 4/12/2019.(TAD) (Entered: 04/15/2019)
04/17/2019 60 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference as to Dennis Raymond McPherron held on 4/17/2019. Discussion held regarding Government's Motion in Limine. This Court refers this matter to Magistrate Judge Markovich for an evidentiary hearing. Defendant is directed to be present for the evidentiary hearing. This Court will confer with the Magistrate Judge on the issues raised at this hearing that should be addresses at the evidentiary hearing. Upon agreement of the parties, the current trial date of 7/16/19 is continued. Defendant waives speedy trial time. A status hearing is set before this Court on 7/16/2019 at 8:30am and a new trial date will be set at that time.

Appearances: AUSA Michael Jette for the Government, CJA Attorney Thomas Higgins for defendant. Defendant is released and appearing telephonically. (Court Reporter Cindy Shearman.) Hearing held 8:27am to 8:50am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TAD) (Entered: 04/17/2019)
06/13/2019 61 ORDER as to Dennis Raymond McPherron re: 50 First MOTION in Limine filed by USA. IT IS ORDERED that an evidentiary hearing is scheduled for 7/9/19, at 9:15 a.m., before Judge Eric J. Markovich. Parties are to provide their exhibit list and/or witness list to markovich_chambers@azd.uscourts.gov, by 7/8/19. Signed by Magistrate Judge Eric J Markovich on 6/13/19.(BAC) (Entered: 06/13/2019)
06/13/2019 62 ORDER as to Dennis Raymond McPherron. Pending before the Court is the Government's Motion in Limine, which seeks to preclude the defendant from introducing certain evidence to establish a defense that the instant prosecution violates the Religious Freedom Restoration Act (42 U.S.C. §2000bb-1 to 2000bb-4). Oral argument on this motion is set for 7/9/19, at 9:15 a.m. (See attached PDF for complete information). Signed by Magistrate Judge Eric J Markovich on 6/13/19.(BAC) (Entered: 06/13/2019)
06/26/2019 63 IT IS ORDERED the Status Conference, as to Dennis Raymond McPherron, presently set for 7/11/2019 at 1:30PM is RESET AS TO TIME ONLY!! Status Conference is reset for 7/11/2019 at 01:00 PM before Judge James A Soto. Ordered by Judge James A Soto.(TAD)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 06/26/2019)
06/26/2019 64 IT IS ORDERED vacating the Status Hearing, as to Dennis Raymond McPherron presently set for 7/11/2019 at 1:00pm before Judge James A Soto. Court affirms this matter is set for Status Hearing on 7/16/2019 at 8:30am. Ordered by Judge James A Soto.(TAD)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 06/26/2019)
07/03/2019 65 First MOTION to Continue Evidentiary Hearing by Dennis Raymond McPherron. (Higgins, Thomas) (Entered: 07/03/2019)
07/05/2019 66 On Motion of the Defendant, there being no objection by the government, IT IS ORDERED granting 65 Motion to Continue Evidentiary Hearing as to Dennis Raymond McPherron (1). The Evidentiary Hearing set for July 9, 2019, at 9:15 AM is CONTINUED and RESET for August 9, 2019 at 09:15 AM in Courtroom 3A, 405 West Congress Street, Tucson, AZ 85701 before Magistrate Judge Eric J Markovich. Ordered by Magistrate Judge Eric J Markovich. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(EJM, cm) (Entered: 07/05/2019)
07/16/2019 67 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference as to Dennis Raymond McPherron held on 7/16/2019. Parties agree to waive Jury Trial and set this matter for a bench trial. After discussion with the parties, Court sets this matter for a Bench Trial on 10/29/2019 at 9:00am with a plea deadline of 10/11/2019. Dispositive Motions deadline is 8/30/2019. The Court further sets this matter for a pretrial conference on 10/24/2019 at 1:30pm. Mr. Higgins is directed to have the defendant sign and file an acknowledgment of the trial date.

Appearances: AUSA Michael Jette for the Government, CJA Attorney Thomas Higgins for defendant. Defendant is not present (presence waived) and released. (Court Reporter Cindy Shearman.) Hearing held 8:35am to 8:40am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TAD) (Entered: 07/16/2019)
07/22/2019 68 NOTICE Acknowledgement of Trial Date by Dennis Raymond McPherron. (Higgins, Thomas) (Entered: 07/22/2019)
07/24/2019 69 SCHEDULING ORDER as to Dennis Raymond McPherron. The Pretrial Conference shall be held on 10/24/19 at 1:30 p.m. Jury Trial shall begin on 10/29/19 at 9:00 a.m. (See attached PDF for complete information). Signed by Judge James A Soto on 7/24/19.(BAC) (Entered: 07/24/2019)
08/08/2019 70 MEMORANDUM by Dennis Raymond McPherron . (Higgins, Thomas) (Entered: 08/08/2019)
08/09/2019 71 MINUTE ENTRY for proceedings held before Magistrate Judge Eric J Markovich: Motion Hearing as to Dennis Raymond McPherron held on 8/9/2019. Re: 50 First MOTION in Limine filed by USA. (SEE PDF) (Recorded by COURTSMART.) Hearing held 9:17 AM to 11:52 AM.(ARS) (Entered: 08/09/2019)
08/09/2019 72 EXHIBIT LIST by USA/Defense as to Dennis Raymond McPherron. (ARS) (Entered: 08/09/2019)
08/09/2019 73 WITNESS LIST by USA as to Dennis Raymond McPherron. (ARS) (Entered: 08/09/2019)
08/09/2019 74 WAIVER of Right to Trial by Jury by Dennis Raymond McPherron. (ARS) (Entered: 08/09/2019)
08/12/2019 75 TRANSCRIPT REQUEST by Magistrate Judge Eric J Markovich as to Dennis Raymond McPherron for proceedings held on 08/09/2019, Magistrate Judge Eric J Markovich hearing judge(s). (NEC) (Entered: 08/12/2019)
08/13/2019 76 TRANSCRIPT REQUEST by USA as to Dennis Raymond McPherron for proceedings held on 08/09/2019, Magistrate Judge Eric J Markovich hearing judge(s). (Jette, Michael) (Entered: 08/13/2019)
08/16/2019 77 TRANSCRIPT of HEARING ON MOTION IN LIMINE as to Dennis Raymond McPherron held on 08/09/2019, before Judge Eric J. Markovich. Transcriber Erica R. McQuillen. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/14/2019. (NEC) (Entered: 08/16/2019)
08/21/2019 78 TRANSCRIPT REQUEST by Dennis Raymond McPherron for proceedings held on 08/09/2019, Magistrate Judge Eric J Markovich hearing judge(s). (Higgins, Thomas) (Entered: 08/21/2019)
09/03/2019 79 TRANSCRIPT REQUEST by Dennis Raymond McPherron for proceedings held on 08/09/2019, Magistrate Judge Eric J Markovich hearing judge(s). (Higgins, Thomas) (Entered: 09/03/2019)
09/27/2019 80 *First MOTION for Hearing re: Status Conference by Dennis Raymond McPherron. (Higgins, Thomas) *Modified to correct motion type on 9/30/2019 (MFR). (Entered: 09/27/2019)
09/27/2019 81 *AMENDED First for Hearing re: Status Conference by Dennis Raymond McPherron. (Higgins, Thomas) *Modified to correct motion type on 9/30/2019 (MFR). (Entered: 09/27/2019)
09/27/2019 82 ORDER granting 81 Motion to set a status hearing as to Dennis Raymond McPherron (1). Status Hearing is set for 10/2/2019 at 3:00pm. Ordered by Judge James A Soto. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(TAD) (Entered: 09/27/2019)
09/27/2019 83 REPORT AND RECOMMENDATION as to Dennis Raymond McPherron re: 50 First MOTION in Limine . It is recommended that the District Court deny the government's Motion in Limine. Any party may serve and file written objections within 14 days after being served with a copy of this Report and Recommendation. No reply shall be filed unless leave is granted from the District Court (see attached Order for complete details). Signed by Magistrate Judge Eric J Markovich on 9/27/2019.(MFR) (Entered: 09/27/2019)
10/02/2019 84 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference as to Dennis Raymond McPherron held on 10/2/2019. Bench Trial and the Pretrial Conference currently set are vacated. Defendant is directed to file acknowledgement of his rights. Affidavits of the Governments witnesses are to be filed. (See attached PDF for complete information). (Court Reporter Cindy Shearman.) Hearing held 3:09pm to 3:32pm.(TAD) (Entered: 10/03/2019)
10/02/2019 85 NOTICE of Declaration of David P. Wlazlak. (MCO) (Entered: 10/04/2019)
10/02/2019 86 NOTICE of Declaration of Mary Vasile. (MCO) (Entered: 10/04/2019)
10/24/2019 87 ORDER as to Dennis Raymond McPherron. As of the date of this Order, the Court has not received an affidavit of waiver of rights by the defendant. The Court sets a Status Conference for 11/21/2019 at 02:00pm to set a firm trial date. Signed by Judge James A Soto on 10/24/2019.(TAD) (Entered: 10/24/2019)
10/25/2019 88 ORDER ADOPTING REPORT AND RECOMMENDATION as to Dennis Raymond McPherron. IT IS ORDERED: Judge Markovich's 83 Report and Recommendation is accepted and adopted. The Government's 50 Motion in Limine is DENIED. Signed by Judge James A Soto on 10/24/19.(BAC) (Entered: 10/25/2019)
10/31/2019 89 WAIVER of Right to Trial by Jury by Dennis Raymond McPherron. (Higgins, Thomas) (Entered: 10/31/2019)
11/21/2019 90 MINUTE ENTRY for proceedings held before Judge James A Soto: Status Conference as to Dennis Raymond McPherron held on 11/21/2019. After discussion with the parties, the Court sets this matter for a FIRM Bench Trial for 1/21/2020 at 9:00am. Defendant is Ordered to be present for trial.

Appearances: AUSA Michael Jette for the Government, CJA Attorney Thomas Higgins for defendant. Defendant is out of custody and appearing telephonic. (Court Reporter Cindy Shearman.) Hearing held 2:00pm to 2:10pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TAD) (Entered: 11/21/2019)
01/21/2020 91 MINUTE ENTRY for proceedings held before Judge James A Soto: Bench Trial begun and completed as to Dennis Raymond McPherron on 1/21/2020. Rule 29 Motion for Aquittal is denied at this time. Parties to file post trial briefs including findings of facts by 2/21/2020. (Court Reporter Cindy Shearman.) See attached PDF for complete details.. Hearing held 9:06am to 1:55pm.(TAD) (Entered: 01/21/2020)
01/21/2020 92 WITNESS LIST by USA as to Dennis Raymond McPherron. (TAD) (Entered: 01/21/2020)
01/21/2020 93 EXHIBIT LIST by USA, Dennis Raymond McPherron as to Dennis Raymond McPherron. (TAD) (Entered: 01/21/2020)
02/12/2020 94 *POST-TRIAL MEMORANDUM by Dennis Raymond McPherron . (Higgins, Thomas) *Modified to clarify docket text on 2/13/2020 (MFR). (Entered: 02/12/2020)
02/19/2020 95 DEFENDANT'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Dennis Raymond McPherron . (Higgins, Thomas) *Modified to clarify docket text on 2/19/2020 (KAH). (Entered: 02/19/2020)
02/20/2020 96 MEMORANDUM by USA as to Dennis Raymond McPherron Government's Post Trial Memorandum. (Jette, Michael) (Entered: 02/20/2020)
06/26/2020 99 ORDER as to Dennis Raymond McPherron regarding: Bench Trial, Evidence, and Post-Trial Filings. The Court finds the Defendant guilty (beyond a reasonable doubt) of violating Paragraph Two of 18 U.S.C. § 545.8 The Clerk of the Court shall enter judgment and shall set a sentencing hearing for Defendant. Signed by Judge James A Soto on 6/26/2020.(TAD) (Entered: 06/26/2020)
06/26/2020 100 IT IS ORDERED, as to Dennis Raymond McPherron, Sentencing is set for 10/9/2020 at 11:20 AM before Judge James A Soto. Ordered by Judge James A Soto.(TAD)(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (Entered: 06/26/2020)

Outcome: Montana Resident Found Guilty of Smuggling Bald Eagle Feathers into Arizona

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