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DOCUMENTS UNDER SEAL
Case 5:11-cr-00683-BLF Clear Form
Document 3 Filed 09/22/11 Page 1 of
TOTAL TIME (m ins): 4
1
M AGISTRATE JUDGE DEPUTY CLERK REPORTER/FTR
M INUTE ORDER P. Cromwell FTR
MAGISTRATE JUDGE DATE NEW CASE CASE NUMBER
Howard R. Lloyd September 22, 2011 CR11-00683DLJ
APPEARANCES
DEFENDANT AGE CUST P/NP ATTORNEY FOR DEFENDANT PD. RET.
Christopher Doyon Y P Jay Leiderman APPT.
U.S. ATTORNEY INTERPRETER FIN. AFFT COUNSEL APPT'D
Matt Parrella/Hanley Chew SUBMITTED

PROBATION OFFICER PRETRIAL SERVICES OFFICER DEF ELIGIBLE FOR PARTIAL PAYMENT
L. Walton APPT'D COUNSEL OF CJA FEES
PROCEEDINGS SCHEDULED TO OCCUR
INITIAL APPEAR PRELIM HRG MOTION JUGM'T & SENTG STATUS
TRIAL SET
I.D. COUNSEL ARRAIGNMENT BOND HEARING IA REV PROB. or OTHER
or S/R
DETENTION HRG ID / REMOV HRG CHANGE PLEA PROB. REVOC. ATTY APPT
HEARING
INITIAL APPEARANCE
ADVISED ADVISED NAME AS CHARGED TRUE NAME:
OF RIGHTS OF CHARGES IS TRUE NAME
ARRAIGNM ENT
ARRAIGNED ON ARRAIGNED ON READING W AIVED W AIVER OF INDICTMENT FILED
INFORMATION INDICTMENT SUBSTANCE
RELEASE
RELEASED ISSUED AMT OF SECURITY SPECIAL NOTES PASSPORT
ON O/R APPEARANCE BOND $ SURRENDERED
DATE:
PROPERTY TO BE POSTED CORPORATE SECURITY REAL PROPERTY:
CASH $

MOTION PRETRIAL DETAINED RELEASED DETENTION HEARING REMANDED


FOR SERVICES AND FORMAL FINDINGS TO CUSTODY
DETENTION REPORT W AIVED
ORDER REMOVED TO THE DISTRICT OF
PLEA
CONSENT NOT GUILTY GUILTY GUILTY TO COUNTS:
ENTERED
PRESENTENCE CHANGE OF PLEA PLEA AGREEMENT OTHER:
REPORT ORDERED FILED
CONTINUANCE
TO: ATTY APPT BOND STATUS RE: STATUS
September 29, 2011 HEARING HEARING CONSENT TRIAL SET

AT: SUBMIT FINAN. PRELIMINARY CHANGE OF OTHER


AFFIDAVIT HEARING PLEA
1:30 p.m. _____________
BEFORE HON. DETENTION ARRAIGNMENT MOTIONS JUDGMENT &
HEARING SENTENCING
Howard R. Lloyd
TIME W AIVED TIME EXCLUDABLE IDENTITY / PRETRIAL PROB/SUP REV.
UNDER 18 § USC REMOVAL CONFERENCE HEARING
3161 HEARING
ADDITIONAL PROCEEDINGS
Motion to unseal is granted.

DOCUMENT NUMBER:
Case 5:11-cr-00683-DLJ Document 4 Filed 09/22/11 Page 1 of 2
Case 5:11-cr-00683-DLJ Document 4 Filed 09/22/11 Page 2 of 2
Case 5:11-cr-00683-BLF Document 5 Filed 09/23/11 Page 1 of 1

E-FILED 9/23//2011
1
2
IN THE UNITED STATES DISTRICT COURT
3
4 FOR THE NORTHERN DISTRICT OF CALIFORNIA

5
6
7 United States of America NO. CR -11-00683-01-DLJ
8 Plaintiff, CLERK’S NOTICE RE: FAILURE
TO REGISTER AS AN E-FILER
9 vs
10 Christopher Doyon
United States District Court

Defendant.
11 /
For the Northern District of California

12
13
14 The counsel for the defendant is being noticed to register as an e-filer. This case has been
15 designated for electronic filing, pursuant to Local Rule 5-4 and General Order 45.
16
17 Per General Order 45 provides at Section III that cases assigned to judges who participate in the e-
18 filing program “shall be presumptively designated” as e-filing cases.
19
20 Further, General Order 45 provides at Section IV (A) that "Each attorney of record is obligated to
21 become an ECF User and be assigned a user ID and password for access to the system upon designation
22 of the action as being subject to ECF." Counsel in this case who have not yet registered as ECF Users
23 must do so immediately. Forms and instructions for registering can be found on the Court's Web site
24 at ecf.cand.uscourts.gov.
25
26
27 Dated: September 23, 2011
Case Systems Administrator
28
Case 5:11-cr-00683-BLF Document 6 Filed 09/23/11 Page 1 of 3

1 MELINDA HAAG (CABN 132612)


United States Attorney
2
MIRANDA KANE (CABN 150630)
3 Chief, Criminal Division
4 MATTHEW A. PARRELLA (NYBN 2040855)
HANLEY CHEW (CABN 189985)
5 Assistant United States Attorneys
6 150 Almaden Blvd., 9th Floor
San Jose, California 95113
7 Telephone: (408) 535-5042
FAX: (408) 535-5066
8 matthew.parrella@usdoj.gov
9 Attorneys for Plaintiff
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
14 UNITED STATES OF AMERICA, ) No. CR 11-00683 DLJ
)
15 Plaintiff, )
) STIPULATION AND [PROPOSED]
16 v. ) ORDER EXCLUDING TIME FROM
) SEPTEMBER 22, 2011 THROUGH
17 CHRISTOPHER DOYON, ) SEPTEMBER 29, 2011, FROM
aka “PLF,” “Commander Adama, and ) CALCULATIONS UNDER THE
18 “Commander X,” ) SPEEDY TRIAL ACT (18 U.S.C. § 3161)
)
19 )
)
20 Defendant. )
)
21 )
22 On September 22, 2011, defendant Christopher Doyon made his initial appearance before
23 the Honorable Howard R. Lloyd. Jay Leiderman, Esq., appeared on behalf of the defendant.
24 Assistant United States Attorneys Matthew A. Parrella and Hanley Chew appeared for the
25 government. Judge Lloyd ordered the parties to appear before this Court on September 29, 2011
26 for defendant’s detention hearing in this matter.
27 The parties request that the Court enter this order documenting the exclusion of time
28 from calculations under the Speedy Trial Act, 18 U.S.C. § 3161, from September 22, 2011

STIP. & [PROPOSED] ORDER


U.S. v. DOYON, et. al., No. CR 11-00683 DLJ
Case 5:11-cr-00683-BLF Document 6 Filed 09/23/11 Page 2 of 3

1 through September 29, 2011. The parties, including the defendant, stipulate as follows:
2 1. The defendant understands and agrees to the exclusion of time from calculations
3 under the Speedy Trial Act, 18 U.S.C. § 3161, from September 22, 2011 through September 29,
4 2011, based upon the need for the defense counsel to investigate the facts of the present case.
5 The government has not yet provided discovery. Defense counsel needs time to evaluate what
6 possible defenses and motions may be available to the defendant.
7 2. The attorney for defendant joins in the request to exclude time under the Speedy
8 Trial Act, 18 U.S.C. § 3161, for the above reasons, and believes the exclusion of time is
9 necessary for effective preparation of the defense; believes the exclusion is in the defendant’s
10 best interests; and further agrees that the exclusion under the Speedy Trial Act, 18 U.S.C. §
11 3161, should be from September 22, 2011 through September 29, 2011.
12 Given these circumstances, the parties believe, and request that the Court find, that the
13 ends of justice are served by excluding from calculations the period from September 22, 2011
14 through September 29, 2011, outweigh the best interests of the public and the defendant in a
15 speedy trial under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A) & (B)(iv).
16
17 IT IS SO STIPULATED.
18
DATED: 9/23/11 /s/ Jay Leiderman
19 JAY LEIDERMAN
20
DATED: 9/23/11 /s/ Matthew A. Parrella
21 MATTHEW A. PARRELLA
HANLEY CHEW
22 Assistant United States Attorneys
23
24
25
26
27
28

STIP. & [PROPOSED] ORDER


U.S. v. DOYON, et. al., No. CR 11-00683 DLJ 2
Case 5:11-cr-00683-BLF Document 6 Filed 09/23/11 Page 3 of 3

1 [PROPOSED] ORDER
2 Having considered the stipulation of the parties, the Court finds that: (1) the defendant
3 understands and agrees to the exclusion of time from calculations under the Speedy Trial Act, 18
4 U.S.C. § 3161, from September 22, 2011 through September 29, 2011 based upon the need for
5 the defense counsel to investigate further the facts of the present case, review the discovery that
6 the government has already provided and evaluate further possible defenses and motions
7 available to the defendant; (2) the exclusion of time is necessary for effective preparation of the
8 defense and is in the defendant’s best interests; and (3) the ends of justice are served by
9 excluding from calculations the period from September 22, 2011 through September 29, 2011.
10 Accordingly, the Court further orders that the time from September 22, 2011 through
11 September 29, 2011 is excluded from time calculations under the Speedy Trial Act, 18 U.S.C. §
12 3161.
13
IT IS SO ORDERED.
14
15 DATED:________________ ____________________________________
HOWARD R. LLOYD
16 United States Magistrate Judge
17
18
19
20
21
22
23
24
25
26
27
28

STIP. & [PROPOSED] ORDER


U.S. v. DOYON, et. al., No. CR 11-00683 DLJ 3
DOCUMENTS UNDER SEAL
Case 5:11-cr-00683-BLF Clear
Document
Form 7 Filed 09/29/11 Page 1 of
TOTAL TIME (m ins): 37
1
M AGISTRATE JUDGE DEPUTY CLERK REPORTER/FTR
M INUTE ORDER P. Cromwell FTR
MAGISTRATE JUDGE DATE NEW CASE CASE NUMBER
Howard R. Lloyd September 29, 2011 CR11-00683DLJ
APPEARANCES
DEFENDANT AGE CUST P/NP ATTORNEY FOR DEFENDANT PD. RET.
Christopher Doyon Y P Jay Leiderman APPT.
U.S. ATTORNEY INTERPRETER FIN. AFFT COUNSEL APPT'D
M. Parrella and H. Chew SUBMITTED

PROBATION OFFICER PRETRIAL SERVICES OFFICER DEF ELIGIBLE FOR PARTIAL PAYMENT
L. Walton APPT'D COUNSEL OF CJA FEES
PROCEEDINGS SCHEDULED TO OCCUR
INITIAL APPEAR PRELIM HRG MOTION JUGM'T & SENTG STATUS
TRIAL SET
I.D. COUNSEL ARRAIGNMENT BOND HEARING IA REV PROB. or OTHER
or S/R
DETENTION HRG ID / REMOV HRG CHANGE PLEA PROB. REVOC. ATTY APPT
HEARING
INITIAL APPEARANCE
ADVISED ADVISED NAME AS CHARGED TRUE NAME:
OF RIGHTS OF CHARGES IS TRUE NAME
ARRAIGNM ENT
ARRAIGNED ON ARRAIGNED ON READING W AIVED W AIVER OF INDICTMENT FILED
INFORMATION INDICTMENT SUBSTANCE
RELEASE
RELEASED ISSUED AMT OF SECURITY SPECIAL NOTES PASSPORT
ON O/R APPEARANCE BOND $ 35,000 SURRENDERED
Signature bond
DATE:
PROPERTY TO BE POSTED CORPORATE SECURITY REAL PROPERTY:
CASH $

MOTION PRETRIAL DETAINED RELEASED DETENTION HEARING REMANDED


FOR SERVICES AND FORMAL FINDINGS TO CUSTODY
DETENTION REPORT W AIVED
ORDER REMOVED TO THE DISTRICT OF
PLEA
CONSENT NOT GUILTY GUILTY GUILTY TO COUNTS:
ENTERED
PRESENTENCE CHANGE OF PLEA PLEA AGREEMENT OTHER:
REPORT ORDERED FILED
CONTINUANCE
TO: ATTY APPT BOND STATUS RE: STATUS
November 1, 2011 HEARING HEARING CONSENT TRIAL SET

AT: SUBMIT FINAN. PRELIMINARY CHANGE OF OTHER


AFFIDAVIT HEARING PLEA
9:00 a.m. _____________
BEFORE HON. DETENTION ARRAIGNMENT MOTIONS JUDGMENT &
HEARING SENTENCING
D. Lowell Jensen
TIME W AIVED TIME EXCLUDABLE IDENTITY / PRETRIAL PROB/SUP REV.
UNDER 18 § USC REMOVAL CONFERENCE HEARING
3161 HEARING
ADDITIONAL PROCEEDINGS
ALSO: November 1, 2011 @9:30 a.m. for Status re Bond before Hon. Howard R. Lloyd.
Defendant sworn re passport.

DOCUMENT NUMBER:
Case 5:11-cr-00683-BLF Document 9 Filed 10/01/11 Page 1 of 3

1 MELINDA HAAG (CABN 132612)


United States Attorney
2
MIRANDA KANE (CABN 150630)
3 Chief, Criminal Division
4 MATTHEW A. PARRELLA (NYBN 2040855)
HANLEY CHEW (CABN 189985)
5 Assistant United States Attorneys
6 150 Almaden Blvd., 9th Floor
San Jose, California 95113
7 Telephone: (408) 535-5042
FAX: (408) 535-5066
8 matthew.parrella@usdoj.gov
9 Attorneys for Plaintiff
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
14 UNITED STATES OF AMERICA, ) No. CR 11-00683 DLJ
)
15 Plaintiff, )
) STIPULATION AND [PROPOSED]
16 v. ) ORDER EXCLUDING TIME FROM
) SEPTEMBER 29, 2011 THROUGH
17 CHRISTOPHER DOYON, ) NOVEMBER 1, 2011 FROM
aka “PLF,” “Commander Adama, and ) CALCULATIONS UNDER THE
18 “Commander X,” ) SPEEDY TRIAL ACT (18 U.S.C. § 3161)
)
19 )
)
20 Defendant. )
)
21 )
22 On September 29, 2011, parties appeared before the Honorable Howard R. Lloyd to set
23 the terms of defendant Christopher Doyon’s (“defendant”) pretrial release. Jay Leiderman, Esq.,
24 appeared on behalf of the defendant. Assistant United States Attorneys Matthew A. Parrella and
25 Hanley Chew appeared for the government. Judge Lloyd ordered the parties to appear before the
26 Honorable D. Lowell Jensen on November 1, 2011 for a status conference.
27 The parties request that the Court enter this order documenting the exclusion of time
28 from calculations under the Speedy Trial Act, 18 U.S.C. § 3161, from September 29, 2011

STIP. & [PROPOSED] ORDER


U.S. v. DOYON, et. al., No. CR 11-00683 DLJ
Case 5:11-cr-00683-BLF Document 9 Filed 10/01/11 Page 2 of 3

1 through November 1, 2011. The parties, including the defendant, stipulate as follows:
2 1. The defendant understands and agrees to the exclusion of time from calculations
3 under the Speedy Trial Act, 18 U.S.C. § 3161, from September 29, 2011 through November 1,
4 2011, based upon the need for the defense counsel to investigate the facts of the present case.
5 On September 29, 2011, the government provided discovery to defendant and defense counsel,
6 who need time to review the discovery and evaluate what possible defenses and motions may be
7 available to the defendant.
8 2. The attorney for defendant joins in the request to exclude time under the Speedy
9 Trial Act, 18 U.S.C. § 3161, for the above reasons, and believes the exclusion of time is
10 necessary for effective preparation of the defense; believes the exclusion is in the defendant’s
11 best interests; and further agrees that the exclusion under the Speedy Trial Act, 18 U.S.C. §
12 3161, should be from September 29, 2011 through November 1, 2011.
13 Given these circumstances, the parties believe, and request that the Court find, that the
14 ends of justice are served by excluding from calculations the period from September 29, 2011
15 through November 1, 2011, outweigh the best interests of the public and the defendant in a
16 speedy trial under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A) & (B)(iv).
17
18 IT IS SO STIPULATED.
19
DATED: 9/30/11 /s/ Jay Leiderman
20 JAY LEIDERMAN
21
DATED: 9/30/11 /s/ Matthew A. Parrella
22 MATTHEW A. PARRELLA
HANLEY CHEW
23 Assistant United States Attorneys
24
25
26
27
28

STIP. & [PROPOSED] ORDER


U.S. v. DOYON, et. al., No. CR 11-00683 DLJ 2
Case 5:11-cr-00683-BLF Document 9 Filed 10/01/11 Page 3 of 3

1
[PROPOSED] ORDER
2
Having considered the stipulation of the parties, the Court finds that: (1) the defendant
3
understands and agrees to the exclusion of time from calculations under the Speedy Trial Act, 18
4
U.S.C. § 3161, from September 29, 2011 through November 1, 2011 based upon the need for
5
the defense counsel to investigate further the facts of the present case, review the discovery that
6
the government has already provided and evaluate further possible defenses and motions
7
available to the defendant; (2) the exclusion of time is necessary for effective preparation of the
8
defense and is in the defendant’s best interests; and (3) the ends of justice are served by
9
excluding from calculations the period from September 29, 2011 through November 1, 2011.
10
Accordingly, the Court further orders that the time from September 29, 2011 through
11
November 1, 2011 is excluded from time calculations under the Speedy Trial Act, 18 U.S.C. §
12
3161.
13
14 IT IS SO ORDERED.
15
DATED:________________ ____________________________________
16 HOWARD R. LLOYD
United States Magistrate Judge
17
18
19
20
21
22
23
24
25
26
27
28

STIP. & [PROPOSED] ORDER


U.S. v. DOYON, et. al., No. CR 11-00683 DLJ 3
Case 5:11-cr-00683-BLF Document 10 Filed 10/03/11 Page 1 of 1
DOCUMENTS UNDER SEAL
Case 5:11-cr-00683-BLF Clear
Document
Form 16 Filed 11/01/11 Page 1 3of 1
TOTAL TIME (m ins):
M AGISTRATE JUDGE DEPUTY CLERK REPORTER/FTR
M INUTE ORDER P. Cromwell FTR
MAGISTRATE JUDGE DATE NEW CASE CASE NUMBER
Howard R. Lloyd November 1, 2011 CR11-00683DLJ
APPEARANCES
DEFENDANT AGE CUST P/NP ATTORNEY FOR DEFENDANT PD. RET.
Christopher Doyon N P Jason Leiderman APPT.
U.S. ATTORNEY INTERPRETER FIN. AFFT COUNSEL APPT'D
Hanley Chew SUBMITTED

PROBATION OFFICER PRETRIAL SERVICES OFFICER DEF ELIGIBLE FOR PARTIAL PAYMENT
P. Mamaril APPT'D COUNSEL OF CJA FEES
PROCEEDINGS SCHEDULED TO OCCUR
INITIAL APPEAR PRELIM HRG MOTION JUGM'T & SENTG STATUS
TRIAL SET
I.D. COUNSEL ARRAIGNMENT BOND HEARING IA REV PROB. or OTHER
or S/R
DETENTION HRG ID / REMOV HRG CHANGE PLEA PROB. REVOC. ATTY APPT
HEARING
INITIAL APPEARANCE
ADVISED ADVISED NAME AS CHARGED TRUE NAME:
OF RIGHTS OF CHARGES IS TRUE NAME
ARRAIGNM ENT
ARRAIGNED ON ARRAIGNED ON READING W AIVED W AIVER OF INDICTMENT FILED
INFORMATION INDICTMENT SUBSTANCE
RELEASE
RELEASED ISSUED AMT OF SECURITY SPECIAL NOTES PASSPORT
ON O/R APPEARANCE BOND $ SURRENDERED
DATE:
PROPERTY TO BE POSTED CORPORATE SECURITY REAL PROPERTY:
CASH $

MOTION PRETRIAL DETAINED RELEASED DETENTION HEARING REMANDED


FOR SERVICES AND FORMAL FINDINGS TO CUSTODY
DETENTION REPORT W AIVED
ORDER REMOVED TO THE DISTRICT OF
PLEA
CONSENT NOT GUILTY GUILTY GUILTY TO COUNTS:
ENTERED
PRESENTENCE CHANGE OF PLEA PLEA AGREEMENT OTHER:
REPORT ORDERED FILED
CONTINUANCE
TO: ATTY APPT BOND STATUS RE: STATUS
HEARING HEARING CONSENT TRIAL SET

AT: SUBMIT FINAN. PRELIMINARY CHANGE OF OTHER


AFFIDAVIT HEARING PLEA
_____________
BEFORE HON. DETENTION ARRAIGNMENT MOTIONS JUDGMENT &
HEARING SENTENCING

TIME W AIVED TIME EXCLUDABLE IDENTITY / PRETRIAL PROB/SUP REV.


UNDER 18 § USC REMOVAL CONFERENCE HEARING
3161 HEARING
ADDITIONAL PROCEEDINGS
Status Hearing re: Bond. Conditions of Release remain unchanged.

DOCUMENT NUMBER:
Case 5:11-cr-00683-BLF Document 20 Filed 11/01/11 Page 1 of 1

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF CALIFORNIA
Criminal Pretrial Minute Order
JUDGE D. LOWELL JENSEN
Date: 11/1/2011

Clerk: Frances Stone


Court Reporter: Summer Fisher Time: 10:06am-10:09am

Plaintiff: United States

v. No. CR-11-00683-DLJ

Defendant: Christopher Doyon [present; not in custody]

Appearances for AUSA: Hanley Chew

Appearances for Defendant: Jay Leiderman and Ed Frey

Interpreter:

Probation Officer:

Reason for Hearing: Ruling:


Setting/Stat -HELD

Notes: Co-Deft in this case to be arraigned today before Magistrate Judge.

Case Continued to 1/24/2012 at 9:00am for Status

Case Continued to: for


Case Continued to: for
Motions to be filed by: Opposition Due:

Case Continued to for Pretrial Conference

Case Continued to for Trial

Excludable Delay: Category: Begins: 11/1/2011 Ends: 1/24/2012


Case 5:11-cr-00683-DLJ Document 22 Filed 12/07/11 Page 1 of 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA


SAN JOSE DIVISION

)
)
)
United States of America ) CASE NO. CR-11-00683 -DLJ
Plaintiff(s), )
)
-V- ) NOTICE of Change of
) Hearing Date before
) Judge Jensen
Christopher Doyon [on bond] )
Joshua John Covelli [on bond] )
)
Defendant(s), )

________________________________

TO: Counsel of Record

YOU ARE HEREBY NOTIFIED THAT the Status Conference in

case CR-11-00683-DLJ for Defendants Christopher Doyon and Joshua John Covelli

previously set for Tuesday 1/24/2012 at 9:00am before Judge D. Lowell Jensen is VACATED.**

The Status Conference in case CR-11-0683-DLJ will be held on Thursday 1/26/2012

at 9:00am before Judge Jensen in Courtroom 7, 4th Floor in the San Jose Courthouse at

280 So. First Street, San Jose, California.

Dated: December 7, 2011


By: ________________________
Frances Stone
Clerk to Judge D. Lowell Jensen

** Beginning January 2012 Judge Jensen will hold his San Jose cases- Criminal Calendar
on Thursdays (instead of Tuesdays).
Case 5:11-cr-00683-DLJ Document 24 Filed 01/19/12 Page 1 of 2

1
2
3
4
5
6
7
8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
*E-FILED - 1/19/12*
11 UNITED STATES OF AMERICA,
CASE NO.: CR-11-00683-DLJ
12 Plaintiff,
CLERK’S NOTICE OF CONTINUANCE
13 v.
14
CHRISTOPHER DOYON, and
15 JOSHUA JOHN COVELLI,
16 Defendants.
17
18
PLEASE TAKE NOTICE that the Status Conference in the above-entitled matter which was
19
previously set for January 26, 2012, has been continued to February 2, 2012 @ 9:00 a.m., before
20
the Honorable D. Lowell Jensen. Parties are to appear in courtroom #7, 4th floor of the U.S.
21
Courthouse, 280 South First Street, San Jose, California.
22
23
DATED: January 19, 2012
24
________________________
25 JACKIE GARCIA
Courtroom Deputy for
26 Honorable D. Lowell Jensen
27
28
Case 5:11-cr-00683-DLJ Document 24 Filed 01/19/12 Page 2 of 2

1
2 Copy of Order E-Filed to Counsel of Record:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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Case 5:11-cr-00683-BLF Document 25 Filed 02/02/12 Page 1 of 1

*E-FILED *

CRIMINAL MINUTE ORDER

JUDGE: D. Lowell Jensen REPORTER: Gina Colin

DATE: February 2, 2012 TIME: 9:00 am (Time: 2 mins.)

CRIMINAL NO.: CR-11-00683-DLJ

TITLE: UNITED STATES OF AMERICA -v- CHRISTOPHER DOYON (N/A)


APPEARANCES:

PLTF: AUSA: M. Parrella DEFT: J. Leiderman

COURT ACTION: STATUS CONFERENCE

Hearing Held. Defendant was not present for the hearing. The Court issued a bench

warrant for defendant’s failure to appear. The bench warrant is stayed until 2/16/12. The

Court continued this matter to 2/16/12 @ 9:00 AM for a Status Conference.

/s/ Jackie Garcia


JACKIE GARCIA
Courtroom Deputy
Case 5:11-cr-00683-BLF Document 27 Filed 02/16/12 Page 1 of 1

*E-FILED *

CRIMINAL MINUTE ORDER

JUDGE: D. Lowell Jensen REPORTER: Gina Colin

DATE: February 16, 2012 TIME: 9:00 am (Time: 2 mins.)

CRIMINAL NO.: CR-11-00683-DLJ

TITLE: UNITED STATES OF AMERICA -v- CHRISTOPHER DOYON (N/A)


APPEARANCES:

PLTF: AUSA: M. Parrella DEFT: P. Leeming for J. Leiderman

COURT ACTION: STATUS CONFERENCE

Hearing Held. The Court issued a bench warrant on 2/2/12 and stayed the bench warrant

until today. Defense counsel advised the Court that the defendant has fled to Canada. The

bench warrant is hereby lifted and the Clerk shall issue the bench warrant for the defendant’s

apprehension.

/s/ Jackie Garcia


JACKIE GARCIA
Courtroom Deputy
Case 5:11-cr-00683-BLF Document 28 Filed 02/28/12 Page 1 of 2

1 MELINDA HAAG (CABN 132612)


United States Attorney
2
MIRANDA KANE (CABN 150630)
3 Chief, Criminal Division
4 MATTHEW A. PARRELLA (NYBN 2040855)
HANLEY CHEW (CABN 189985)
5 Assistant United States Attorneys
6 150 Almaden Blvd., 9th Floor
San Jose, California 95113
7 Telephone: (408) 535-5042
FAX: (408) 535-5066
8 matthew.parrella@usdoj.gov
9 Attorneys for Plaintiff
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
14
15 UNITED STATES OF AMERICA, ) No. CR 11-00683 DLJ
)
16 Plaintiff, ) NOTICE TO THE CLERK OF THE
) COURT
17 v. )
)
18 CHRISTOPHER DOYON, )
aka “PLF,” “Commander Adama, and )
19 “Commander X,” )
)
20 Defendant, and )
)
21 ED FRY, )
)
22 Surety. )
_________________________________ )
23
24 TO: THE CLERK OF THE COURT
25 Pursuant to Federal Rule of Criminal Procedure 46(f)(1) & (3), you are hereby
26 requested to serve forthwith (1) a copy of the accompanying Notice of Motion and
27 Motion for Judgment on Forfeiture of Bond, (2) a copy of the accompanying Judgment on
28 Forfeiture of Bond, (3) a copy of the accompanying Declaration of Hanley Chew In
Support of Motion For Judgment on Forfeiture of Bond, and (4) a copy of this Notice,
Case 5:11-cr-00683-BLF Document 28 Filed 02/28/12 Page 2 of 2

1 upon the following persons at their last known addresses: Christopher Doyon, at 5749
2 Highway 9, Unit A, Felton, California; and Ed Fry, at 4455 Portola Drive, Santa Cruz,
3 California..
4 You are directed to effect service by mailing the above-described documents by
5 first class mail.
6
Respectfully submitted,
7
MELINDA HAAG
8 United States Attorney
9
Dated: February 27, 2012 /s/
10 MATTHEW PARRELLA
HANLEY CHEW
11 Assistant United States Attorney
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Notice to Clerk
CR 11-00683 DLJ 2
Case 5:11-cr-00683-BLF Document 29 Filed 02/28/12 Page 1 of 2

1 MELINDA HAAG (CABN 132612)


United States Attorney
2
MIRANDA KANE (CABN 150630)
3 Chief, Criminal Division
4 MATTHEW A. PARRELLA (NYBN 2040855)
HANLEY CHEW (CABN 189985)
5 Assistant United States Attorneys
6 150 Almaden Blvd., 9th Floor
San Jose, California 95113
7 Telephone: (408) 535-5042
FAX: (408) 535-5066
8 matthew.parrella@usdoj.gov
9 Attorneys for Plaintiff
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
14 UNITED STATES OF AMERICA, ) No. CR 11-00683 DLJ
)
15 Plaintiff, )
) NOTICE OF MOTION AND MOTION
16 v. ) FOR JUDGMENT ON FORFEITURE
) OF BOND
17 CHRISTOPHER DOYON, )
aka “PLF,” “Commander Adama, and )
18 “Commander X,” )
)
19 Defendant, and )
)
20 ED FRY, )
)
21 Surety. )
)
22 )
23 PLEASE TAKE NOTICE that on April 5, 2012 at 9:00 a.m. or as soon thereafter
24 as counsel may be heard, before the Honorable D. Lowell Jensen, United States District
25 Judge, in the United States District Court at 280 South 1st Street, Courtroom 7, 4th Floor,
26 San Jose, California, the United States will and hereby does move the Court, pursuant to
27 Rule 46(f)(1) and (3) of the Federal Rules of Criminal Procedure, to declare the enter a
28 judgment against the Defendant Christopher Doyon and the Surety Ed Fry, jointly and

NOT. OF MOT. & MOT. TO FORFEIT


U.S. v. DOYON, et. al., No. CR 11-00683 DLJ
Case 5:11-cr-00683-BLF Document 29 Filed 02/28/12 Page 2 of 2

1 severally, and direct


2 execution upon such judgment.
3 IN SUPPORT THEREOF, the Unites States alleges as follows:
4 1. On September 2011, the Defendant and the Surety, executed an unsecured
5 bond in the sum of $35,000, conditioned upon the appearance of the Defendant in this
6 Court as ordered by this Court to answer charges brought by the United States against the
7 Defendant. The Defendant and the Surety acknowledged their understanding that they
8 could lose the designated money if the Defendant failed to comply with the Court's orders
9 to appear.
10 2. On February 2, 2012 and February 16, 2012, the Defendant failed to appear
11 as ordered by the Court.
12 3. On February16, 2012, because of the Defendant's failure to appear, this
13 Court ordered that a bench warrant issue for the Defendant's arrest. The warrant remains
14 outstanding.
15 WHEREFORE , the United States requests:
16 1. That the Court enter a judgment in favor of the United States and against
17 the Defendant and the Surety, jointly and severally, in the sum of $35,000, plus interest
18 from the date of entry of judgment as provided by law until paid in full, plus costs of
19 court.
20
21 Respectfully submitted,
22 MELINDA HAAG
United States Attorney
23
24 Dated: February 27, 2012 /s/
MATTHEW PARRELLA
25 HANLEY CHEW
Assistant United States Attorney
26
27
28

NOT. OF MOT. & MOT. TO FORFEIT


U.S. v. DOYON, et. al., No. CR 11-00683 DLJ 2
Case 5:11-cr-00683-BLF Document 30 Filed 02/28/12 Page 1 of 2

1 MELINDA HAAG (CABN 132612)


United States Attorney
2
MIRANDA KANE (CABN 150630)
3 Chief, Criminal Division
4 MATTHEW A. PARRELLA (NYBN 2040855)
HANLEY CHEW (CABN 189985)
5 Assistant United States Attorneys
6 150 Almaden Blvd., 9th Floor
San Jose, California 95113
7 Telephone: (408) 535-5042
FAX: (408) 535-5066
8 matthew.parrella@usdoj.gov
9 Attorneys for Plaintiff
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
14 UNITED STATES OF AMERICA, ) No. CR 11-00683 DLJ
)
15 Plaintiff, ) [PROPOSED] JUDGMENT ON
) FORFEITURE OF BOND
16 v. )
)
17 CHRISTOPHER DOYON, )
aka “PLF,” “Commander Adama, and )
18 “Commander X,” )
)
19 Defendant, and )
)
20 ED FRY, )
)
21 Surety. )
)
22 _________________________________ )
23
The United States of America has moved for a judgment against the Defendant
24
Christopher Doyon and the Surety Ed Fryjointly and severally, and that this Court direct
25
execution upon such judgment.
26
1. On September 2011, the Defendant and the Surety,, executed an unsecured
27
bond in the sum of $35,000, conditioned upon the appearance of the Defendant in this
28
Court as ordered by this Court to answer charges brought by the United States against the
Defendant. The Defendant and the Surety acknowledged their understanding that they
Case 5:11-cr-00683-BLF Document 30 Filed 02/28/12 Page 2 of 2

1 could lose the designated money if the Defendant failed to comply with the Court's orders
2 to appear.
3 2. On February 2, 2012 and February 16, 2012, the Defendant failed to appear
4 as ordered by the Court.
5 3. On February16, 2012, because of the Defendant's failure to appear, this
6 Court ordered that a bench warrant issue for the Defendant's arrest. The warrant remains
7 outstanding.
8 Based on the above findings, and for good cause shown,
9 IT IS HEREBY ORDERED:
10 1. That the Court enter a judgment in favor of the United States and against
11 the Defendant and the Surety, jointly and severally, in the sum of $35,000, plus interest
12 from the date of entry of judgment as provided by law until paid in full, plus costs of
13 court.
14
15
16 Dated: _______________
HONORABLE D. LOWELL JENSEN
17 United States District Judge
18
19
20
21
22
23
24
25
26
27
28

Judgement on Forfeiture of Bond


CR 11-00683 DLJ 2
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Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 1 of 29

Pages 1 - 28

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Before The Honorable Howard R. Lloyd, Magistrate Judge

)
)
United States of America, ) No. CR11-00683 DLJ
)
Plaintiff, )
vs. )
)
Christopher Doyon, et al. )
)
Defendant. )
)
)

San Jose, California


Thursday, September 29, 2011

TRANSCRIPT OF PROCEEDINGS OF THE OFFICIAL ELECTRONIC SOUND


RECORDING

APPEARANCES:

For Plaintiff:
MELINDA HAAG
United States Attorney
450 Golden Gate Avenue, 11th Floor
San Francisco, California 94102
BY: MATTHEW A. PARRELLA
HANLEY CHEW
ASSISTANT UNITED STATES ATTORNEYS

For Defendant:
Leiderman Devine, LLP
5740 Ralston St Ste 300
Ventura, CA 93003
BY: JASON SCOTT LEIDERMAN
ATTORNEY AT LAW

Transcribed By: Stacy Wegner


Transcriber
smwtyping@yahoo.com
(859) 539-2802
Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 2 of 29

1 Thursday, September 29, 2011 1:53 p.m.

3 THE COURT: United States versus Christopher Doyon.

4 MR. PARRELLA: Good afternoon, Your Honor. For the

5 Government, Matt Parrella and Hanley Chew.

6 MR. LEIDERMAN: And for Mr. Doyon, who's not yet

7 present, Jay Leiderman. Good afternoon, Your Honor.

8 THE COURT: Good afternoon, Mr. Leiderman, Mr.

9 Parrella and Mr. Chew.

10 This is on for detention hearing. Have both counsel

11 reviewed the bail study?

12 MR. PARRELLA: The Government has, yes.

13 MR. LEIDERMAN: Yes. I have, Your Honor.

14 THE COURT: Okay.

15 MR. LEIDERMAN: Yes.

16 THE COURT: Proceed, Mr. Parrella.

17 MR. PARRELLA: Well, Your Honor, in reviewing of the

18 bail study and in discussion with Mr. Leiderman, we agreed to

19 recommend that the Court release the Defendant based upon the

20 conditions that are listed herein.

21 Although, there are some additional conditions that

22 we would request. Those being -- and this by way of agreement

23 with the Defense. Although, I'll let them weigh in on this if

24 I'm not being accurate.

25 The Defendant's computer and internet usage would be


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 3 of 29

1 restricted. His internet usage would be restricted, in that

2 he would be not permitted to utilize Internet Relay Chat, the

3 Twitter service or Facebook service.

4 However, he would be able to utilize the internet in

5 order to communicate with his attorney or to -- or for any

6 work purposes that he may have. I understand he's unemployed

7 at the present time. The bail study contemplates allowing him

8 to seek employment, and we don't want to stand in the way of

9 that if that --

10 THE COURT: So what do you want --

11 MR. PARRELLA: -- if that happens.

12 THE COURT: -- to prevent him from doing, Twitter or

13 Facebook and what else?

14 MR. PARRELLA: Internet --

15 MR. LEIDERMAN: Internet Relay Chat. It's commonly

16 referred to as I.R.C., but it stands for Internet Relay Chat.

17 THE COURT: So if I write I.R.C., everybody knows

18 what that means --

19 MR. LEIDERMAN: Yes, sir.

20 MR. PARRELLA: We --

21 THE COURT: -- even if I don't know?

22 MR. PARRELLA: If I could maybe save you a step.

23 We'll provide a written order on this -- on the -- on this

24 issue for the Court.

25 THE COURT: Well, I mean, if we're going have a


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 4 of 29

1 surety, which I assume we are -- is Mr. Fry here?

2 MR. LEIDERMAN: Mr. Fry is here, yes.

3 THE COURT: Okay. Well he can come on up. I mean,

4 if we're going to have a surety, I need to advise the surety

5 of what the --

6 MR. LEIDERMAN: Okay.

7 THE COURT: -- conditions are. I need to advise the

8 Defendant of what the conditions are before I ask them to sign

9 the bond. So mentioning that there's some order that's going

10 to come along later sort of kind of confuses things, doesn't

11 it?

12 MR. PARRELLA: That's up to you. If you --

13 THE COURT: Well --

14 MR. PARRELLA: -- thinks it confuses things, Your

15 Honor, then I think we've summarized the contents of -- of

16 what the proposed order would be.

17 THE COURT: Okay. Well, you -- you said he could

18 use the internet for -- for communication with his lawyer, as

19 well as for work purposes, which I assume would mean attempts

20 to find employment as well?

21 MR. PARRELLA: Correct.

22 THE COURT: But he can't use it for Twitter,

23 Facebook or I.R.C. Does that cover the gamete? Aren't there

24 also possible uses, too?

25 MR. PARRELLA: Yes, and those would --


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 5 of 29

1 THE COURT: Are they on the table or off the table?

2 MR. PARRELLA: Those would be covered by

3 communicating with members of, first of all, Codefendants or

4 members of Anonymous or of P.L.F.

5 THE COURT: Okay. Well, how about just going --

6 MR. PARRELLA: So known -- known members.

7 THE COURT: How about just surfing the net; is that

8 okay or the web?

9 MR. CHEW: It is my understanding that it is

10 generally okay, as long as it's not the malicious surfing that

11 we're seeking to provide.

12 THE COURT: I'm no -- I'm no -- I'm no technophile,

13 but it just doesn't seem to me like you've covered all the

14 bases.

15 MR. CHEW: Correct. That's our position. That the

16 internet usage is permitted, as long as those items are not

17 accessed, and there's no communication with anybody from

18 Anonymous, P.L.F. or Codefendants, known members.

19 THE COURT: Anonymous, and what was the -- or

20 Codefendants and what the third one?

21 MR. PARRELLA: P.L.F.

22 THE COURT: P.L.F.?

23 MR. PARRELLA: Yes.

24 THE COURT: Who are they?

25 MR. CHEW: The People's Liberation Front is what


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 6 of 29

1 it's supposed to stand for.

2 MR. PARRELLA: In the indictment there's an

3 allegation that this Defendant, as well as his Codefendant,

4 were members of the People's Liberation Front, which they

5 refer to as P.L.F.

6 THE COURT: Pretrial Services, there's a condition

7 in your report, which I don't understand. It says, "The

8 Defendant shall reside at the halfway house." I don't know

9 which halfway house you're talking about --

10 MS. WALTON: San Francisco.

11 THE COURT: -- because there's nothing in the report

12 that tells me that that --

13 MS. WALTON: It would be San Francisco. Our

14 understanding is that they now have space available

15 (inaudible).

16 THE COURT: Okay. And so you're on board with that?

17 MR. LEIDERMAN: I -- I wasn't necessarily on board

18 with that condition, no. I was -- it was my intent to address

19 that. The Defendant has been homeless for well over 20 --

20 THE COURT: Long time.

21 MR. LEIDERMAN: Well over 20 years by choice. He

22 prefers to live outdoors, and is -- feels very confined by

23 those spaces. He's able to handle him -- himself there very

24 well. I don't know that we have a need for a halfway house in

25 this case.
Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 7 of 29

1 THE COURT: Well, we've -- we've got -- we've got

2 one other homeless person out on -- on pretrial release, and

3 it's awfully hard to keep track of him.

4 MR. LEIDERMAN: Well, he can be ordered to report to

5 Pretrial Services on a regular basis. There's a bus from

6 Santa Cruz to San Jose that he can take and -- and present

7 himself. Plus, you have Mr. Fry in the courtroom.

8 THE COURT: Right. Well, the --

9 MR. LEIDERMAN: You have a person that he's going to

10 be staying with for a week in the courtroom.

11 The other thing is he can go back to where he's

12 originally from, if it pleases the Court, which is Maine, to

13 live with his sister at a fixed address. That would present a

14 problem getting back and forth through the country.

15 THE COURT: You're retained counsel, aren't you?

16 MR. LEIDERMAN: I'm -- well, I'm pro bono, but yes.

17 THE COURT: Okay. So anyway, the Government doesn't

18 have to pay for his travel, presumptively anyway?

19 MR. LEIDERMAN: Presumptively, that's -- that's

20 true. It -- it would make it very difficult in terms of the

21 life he lives if he were forced into a halfway house

22 situation. I can understand why the Court might want it, but

23 I don't believe it's necessary in this case.

24 This is a case with essentially politics behind it,

25 politics that arose out of a homeless camping protest in Santa


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 8 of 29

1 Cruz. He's sort of willing and eager to fight this case if --

2 if it would be. This is not something that he's looking to

3 run from. This is something he's looking to confront face on

4 because it addresses the larger issues of the treatment of the

5 homeless population.

6 THE COURT: There was some reference, I thought, in

7 here that Mr. Fry was offering to have the Defendant live with

8 him?

9 MR. LEIDERMAN: Mr. Morris, who is in the courtroom.

10 Morris with an M.

11 MR. NORRIS: Norris.

12 THE COURT: Norris?

13 MR. NORRIS: Yeah.

14 MR. LEIDERMAN: Oh, Norris with an N.

15 THE COURT: Okay. But Mr. Fry was the proposed

16 surety, right?

17 MR. LEIDERMAN: Correct. Mr. Fry lives in Santa

18 Cruz and is a member of the California State Bar.

19 THE COURT: Well, Mr. Fry indicates he's willing to

20 act as a third party custodian and is able to provide a

21 temporary residence for the Defendant should he be released.

22 I don't know how temporary temporary is.

23 MR. LEIDERMAN: Mr. --

24 THE COURT: If he's going to be the custodian, he

25 has to keep an eye on him. How is he going to do that if Mr.


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 9 of 29

1 -- Mr. Doyon is homeless?

2 MR. LEIDERMAN: Well, I can tell you, Your Honor, I

3 was in Santa Cruz this morning to get that warrant recalled,

4 which I did, by the way, and it's -- I lived there many years

5 ago. It's an awfully small town, and Mr. Doyon is right there

6 in a -- in a very small downtown.

7 He is one of the most easily locatable people in

8 that city. People know where he is day in, day out, all the

9 time. He is so incredibly easy to locate in that city that it

10 impresses me is that's the best place for him.

11 MR. PARRELLA: So if I could be heard briefly? I

12 just want it clear the Government, while we were agreed to the

13 release on the conditions set in the -- in the Pretrial

14 Services report, that contemplated halfway house, and we would

15 continue that recommendation.

16 If Mr. Norris is going to say the Defendant is going

17 to live with him and that will be a condition of the release,

18 we would agree with that as well.

19 However, the Government will not agree to a release

20 to -- with a person who has no address, and we -- we would

21 have no way of -- of locating him for sure, so we'd recommend

22 either one of those options.

23 THE COURT: Well, Pretrial Services, how important

24 to your recommendation for release is the residence in the

25 halfway house?
Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 10 of 29

10

1 MS. WALTON: We would prefer a halfway house or, in

2 the alternative, that he resides somewhere at least more than

3 a week. We really aren't comfortable with the idea that he be

4 released to Mr. Norris' address for just one week.

5 THE COURT: Okay.

6 MS. WALTON: (Inaudible - - due to simultaneous

7 colloquy.)

8 THE COURT: So are -- are you tell -- are you

9 telling me that you wouldn't recommend release unless a

10 halfway house was part of the deal?

11 MS. WALTON: Yes, Your Honor.

12 THE COURT: Well, I'm -- I'm not inclined to release

13 him unless he -- we -- we either have a halfway house or we

14 have some responsible person for him to live with.

15 MR. LEIDERMAN: Well, he has that responsible person

16 in Maine that he can live with long-term. Again, that

17 presents the -- that presents the problem that I addressed to

18 the Court. I can file a waiver of his experiences, except for

19 critical dates, which may --

20 THE COURT: Well --

21 MR. LEIDERMAN: -- may help the situation.

22 MR. PARRELLA: Let me just say, Your Honor, the --

23 the issue of the living in Maine, which apparently from the

24 Pretrial Services report would be with the Defendant's sister,

25 something we just can't evaluate at this time.


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 11 of 29

11

1 We don't have the sister here. We don't know what

2 the circumstances of that living arrangement is, who's in that

3 house, are there other individuals there. We can't evaluate

4 that, so it's -- as far as the Government is concerned, we're

5 arguing that that's not really legitimately on the table.

6 MR. LEIDERMAN: I could -- I could tell you what I

7 know about it.

8 THE COURT: Well, it could be -- it could be looked

9 into it though, couldn't it --

10 MR. PARRELLA: Correct.

11 THE COURT: -- Mr. Parrella?

12 MR. LEIDERMAN: I've spoken with Ms. Doyon. She

13 lives with her -- I believe it's 13 year-old son, and they

14 have a -- a house in Vassalboro, South China or South China,

15 Maine, that has room for Mr. Doyon. I've spoken to her about

16 that.

17 THE COURT: Well, suppose I have Pretrial Services

18 contact Ms. Doyon -- I guess it would have to be by phone --

19 and interview her to determine her suitability for -- to be a

20 custodian for Mr. Doyon?

21 MR. PARRELLA: Well, let me just note the report

22 says that she's uncertain as to whether she wants to serve as

23 a surety. So it appears that issue was at least broached with

24 her, and she didn't jump in with both feet, so I think, you

25 know, we --
Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 12 of 29

12

1 THE COURT: That doesn't preclude her acting as a

2 custodian.

3 MR. PARRELLA: Well, we kind of need her here to

4 assure the Court that she's going look after and that she

5 would act as a custodian for the Defendant and make sure he's

6 here, much the same way as if the Defendant went to Mr.

7 Norris' location. That would have to be agreed to by Mr.

8 Norris.

9 THE COURT: Well, she'd have to go to the court in

10 Maine and sign up as a custodian on the bond, wouldn't she,

11 unless you can get her to come here?

12 MR. LEIDERMAN: I don't -- I don't know about that.

13 It says in the report she receives 987 per month in Social

14 Security. I know she's a volunteer at a -- some type of

15 battered shelter, but I don't know that she gets paid for

16 that.

17 THE COURT: All right. Well, why don't you conduct

18 a telephone interview with her and try to determine her

19 willingness and suitability to act as a custodian for the

20 Defendant, to include providing him a place to live and --

21 MS. WALTON: I can follow up with her, but I spoke

22 with her yesterday. She said she wasn't inclined to do so at

23 this time. She just --

24 THE COURT: Were you talking about custodian?

25 MS. WALTON: No.


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 13 of 29

13

1 THE COURT: You're talking about surety?

2 MS. WALTON: She said she wasn't willing to be a

3 surety.

4 THE COURT: Okay. Now talk to her about custodian.

5 Find out the living situation there.

6 MS. WALTON: Okay.

7 MR. LEIDERMAN: Is that --

8 THE COURT: Give me a supplemental report.

9 MS. WALTON: Okay.

10 MR. LEIDERMAN: Is that something that can be done

11 today?

12 THE COURT: No. I mean, I can't require it to be

13 done today.

14 MR. LEIDERMAN: No, I understand. My problem

15 becomes a personal one. I have a child due any day, and I

16 live in Ventura. My wife is very displeased with my presence

17 here --

18 THE COURT: I can --

19 MR. LEIDERMAN: Very displeased.

20 THE COURT: I can understand that.

21 MR. LEIDERMAN: And I'm not likely to be able to be

22 sprung sometime soon. Perhaps I can have a few moments with

23 my client in the back as they're -- somewhere back there or in

24 the jury box and --

25 THE COURT: As far as I'm concerned, you can, unless


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 14 of 29

14

1 the Marshals have a problem with it.

2 MR. LEIDERMAN: I believe I just saw a nod.

3 THE COURT: We'll pass the matter for the moment.

4 MR. LEIDERMAN: Thank you.

5 (Whereupon there was a recess in the proceedings

6 from 2:07 p.m. until 2:23 p.m.)

7 THE COURT: Okay. We're back on the record. Did

8 that brief adjournment of the matter produce any kind of

9 consensus?

10 MR. LEIDERMAN: I -- I believe it did. With

11 permission, Your Honor, the -- this case is somewhat related

12 to a case involving 14 Defendants in a PayPal matter that --

13 that's on on November 1st, so we're going to be setting this

14 for that date.

15 Mr. Norris has agreed to allow Mr. Doyon to reside

16 with him until the November 1st date. I will get -- he will

17 secure permanent residence beyond that, whether it be with Mr.

18 Norris or with someone else, between now and about two weeks

19 from now. He'll stay with Mr. Norris until the next court

20 date, such that we can be assured of his residence.

21 THE COURT: At least until --

22 MR. LEIDERMAN: Until November 1st, and if he's --

23 THE COURT: Then -- then what happens?

24 MR. LEIDERMAN: Well, if he's unable to secure

25 permanent residence that's -- that's not satisfactory --


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 15 of 29

15

1 that's satisfactory to Pretrial Services, he's going to end up

2 back in.

3 If he is able to secure permanent residence that is

4 satisfactory to Pretrial Services, he will switch residences,

5 and that will be that.

6 THE COURT: Okay. And it sounds like he doesn't

7 really want a residence?

8 MR. LEIDERMAN: He's -- no. He's -- he's

9 reluctantly going to take a residence, Your Honor.

10 THE COURT: Is Mr. Norris going to act as a

11 custodian?

12 MR. LEIDERMAN: I'm sorry?

13 THE COURT: Is Mr. Norris going to act as a

14 custodian?

15 MR. LEIDERMAN: Yes.

16 THE COURT: Okay. Because if, indeed, I'm ordering

17 him to -- to live with Mr. Norris, Mr. Norris has to be on

18 board with that and to realize there are certain obligations

19 that go with that.

20 MR. LEIDERMAN: Okay. Do you want Mr. Norris to --

21 THE COURT: Yeah. I want him up here, yeah.

22 MR. LEIDERMAN: It's -- I want to explain to the

23 Court that the issue is not the halfway house, per se. It's

24 that he doesn't know anyone or anything about San Francisco.

25 It's a -- he's from rural Maine. It's a --


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 16 of 29

16

1 THE COURT: No, I understand.

2 MR. LEIDERMAN: It's a big scary city to him.

3 THE COURT: He wants to be in his comfort zone

4 but --

5 MR. LEIDERMAN: Yes.

6 THE COURT: -- maybe he can't be.

7 MR. LEIDERMAN: I -- I understand.

8 THE COURT: Hi, there. Are you Mr. Norris?

9 MR. NORRIS: I am.

10 THE COURT: And let's see. You live at 5749 Highway

11 9, Unit A in Felton?

12 MR. NORRIS: I do.

13 THE COURT: All right. If I release Mr. Doyon, are

14 you willing to permit him to live in your residence, at least

15 until November 1st?

16 MR. NORRIS: Yes.

17 THE COURT: Okay. And do you agree to act as his

18 custodian? And I'll tell you what that means. That means you

19 don't have to make him do anything or stop him from doing

20 anything, but if you see him doing something he shouldn't be

21 doing -- and by that, I mean if he's -- if you see him

22 breaking the rules, which I'm about to read, or not following

23 the rules, you have to agree to pick up the phone and call

24 Pretrial Services and tell them, and that's your

25 responsibility.
Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 17 of 29

17

1 And if you don't do that, then you are -- you are --

2 at least theoretically, you could be held in contempt of

3 court.

4 MR. NORRIS: I understand.

5 THE COURT: Okay. And you're willing to take on

6 that obligation?

7 MR. NORRIS: Yes. Well, he should tell me exactly

8 what that entails.

9 THE COURT: I'll read the rules to you in a minute.

10 MR. NORRIS: Sure.

11 THE COURT: Yeah. All right. Now, Mr. Fry, I

12 understand that you're willing to act as a surety; is that

13 correct?

14 MR. FRY: That is, Your Honor.

15 THE COURT: And you're an attorney admitted to the

16 Bar in California?

17 MR. FRY: That's correct.

18 THE COURT: And you indicate you earn about $6,000 a

19 month?

20 MR. FRY: Yes.

21 THE COURT: All right. And you're willing to sign

22 an unsecured bond in the amount of -- let's see, what is it --

23 $35,000?

24 MR. FRY: Yes.

25 THE COURT: Okay. And do you understand that if --


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 18 of 29

18

1 if Mr. Doyon breaks the rules, which I'm going to read in just

2 a minute, that he might find himself in pretrial detention, he

3 might find himself charged with new crimes, but you might find

4 the Government coming after you and trying to collect the

5 35,000 bucks. Do you understand that?

6 MR. FRY: I do.

7 THE COURT: And they can use any legally available

8 means they may have to try to get it. Are you good with that?

9 MR. FRY: Yes.

10 THE COURT: All right. And you're doing -- and

11 you're making this decision voluntarily?

12 MR. FRY: I am.

13 THE COURT: And by that, I mean, no one has

14 threatened or coerced you or induced you improperly to -- to

15 make this agreement?

16 MR. FRY: That's correct.

17 THE COURT: Do you think he's a good risk?

18 MR. FRY: I do.

19 THE COURT: All right. I have to fill this form

20 out. It's going to take a few minutes, so just everyone

21 relax.

22 THE COURT: And Mr. Fry, do you live at 4630 Socal

23 Drive?

24 MR. FRY: No. That's my office.

25 THE COURT: I wondered because it said Suite 12.


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 19 of 29

19

1 That doesn't sound like a -- like an apartment or a home.

2 MR. FRY: Do you need my residence address?

3 THE COURT: I want your residence.

4 MR. FRY: 4555 Portola Drive.

5 THE COURT: Hold on. 4555 Portola.

6 MR. FRY: Drive. Santa Cruz, California.

7 THE COURT: Thank you.

8 MR. FRY: 95062.

9 THE COURT: Telephone? Telephone?

10 MR. FRY: Area code (831)479-1628.

11 THE COURT: Mr. Norris, may I have your phone

12 number, please?

13 MR. NORRIS: Yes. It's (831)423-4833.

14 THE COURT: Say the last four numbers.

15 MR. NORRIS: 4833.

16 THE COURT: Next court appearance?

17 MR. LEIDERMAN: November 1st.

18 MR. PARRELLA: We'd ask for November 1st, with

19 exclusion of time.

20 THE COURT: And that would be before whom?

21 MR. PARRELLA: Judge Jensen. This Defendant on this

22 indictment has a -- thank you -- has a Codefendant who has not

23 made his initial appearance yet before Magistrate. It's

24 Joshua Covelli.

25 THE COURT: Right.


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 20 of 29

20

1 MR. PARRELLA: He is scheduled to appear on

2 September 1st, as well, so hopefully --

3 THE COURT: You mean November 1st?

4 MR. PARRELLA: November 1st. Yes, thank you. So

5 anyway, November 1st.

6 I should just note for the record, I am also

7 providing a disk with a partial discovery to Defense counsel.

8 We will complete discovery in the near future. We -- we'll

9 coordinate with the Defense on that.

10 THE COURT: Now, do we need to set a hearing for

11 November 1st before me to consider his future resident

12 arrangement?

13 MR. PARRELLA: That might be wise to do, and we

14 could vacate it if -- if things are taken care of by

15 stipulation ahead of time.

16 THE COURT: Okay. Well, I'm -- I'm -- I'm going --

17 I'm showing his address here as the address of Mr. Norris, and

18 I'm including the stipulation that the Defendant shall not

19 change residence without prior approval of Pretrial Services.

20 So as far as this order reads, he's to stay there

21 until he's told he can leave. So if he's going to have some

22 different place to go -- and maybe that could be arranged. It

23 could be done by stipulation, I suppose, but somehow or other

24 it has to get worked out because at the moment he can't leave.

25 MR. LEIDERMAN: Correct.


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 21 of 29

21

1 THE COURT: I don't remember, does the Defendant

2 have a passport?

3 MR. LEIDERMAN: He does not.

4 THE COURT: Okay. Would you ask Mr. Norris to raise

5 his hand please and swear him in?

6 MR. NORRIS: Me?

7 THE COURT: Not Mr. Norris. Mr. Doyon. I'm sorry.

8 UNIDENTIFIED SPEAKER: Okay.

9 THE CLERK: Do you solemnly swear the testimony

10 you're about to give will be the truth, the whole truth and

11 nothing but the truth?

12 THE DEFENDANT: I do.

13 THE COURT: Now, Mr. Doyon, I had you sworn in

14 because I want to ask you a question. I want to make sure

15 you're under oath. Do you have a passport?

16 THE DEFENDANT: I do not own passports.

17 THE COURT: Thank you, sir. Did you tell me, Mr.

18 Leiderman, that you resolved that outstanding warrant?

19 MR. LEIDERMAN: Yes, sir, I did. I have the court

20 order from this morning, if the Court wishes to see it. The

21 warrant was recalled, and the case calendared for December

22 28th. Would you like me to approach the bench with it?

23 THE COURT: Just hand it to my courtroom deputy,

24 because one of the stipulations in the conditions of release

25 was that he would clear all warrants within 60 days.


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 22 of 29

22

1 Well, it looks to me like the warrant was recalled,

2 but show that to Mr. Parrella, just in case I'm not seeing

3 something I should. It looks to me like it was done.

4 MR. PARRELLA: Thank you.

5 THE COURT: So for the moment, I will not include

6 the requirement that he reside at a halfway house. For now

7 he's residing with Mr. Norton [sic}, and that's subject to

8 revision. Okay.

9 Here's the rules:

10 The Defendant should be back here in court on

11 November 1st at 9:00 a.m. to see Judge Jensen.

12 And the rest -- and I'm releasing him on a $35,000

13 bond secured by the signature of Ed Fry and the Defendant

14 himself. That means if the Government tries to collect that

15 money, they can either one of you or both of you or wherever

16 they find it, so long as it doesn't exceed $35,000.

17 The Defendant shall appear at all proceedings as

18 ordered by the Court, and shall surrender for service of any

19 sentence imposed.

20 The Defendant shall not commit any federal, state or

21 local crime.

22 The Defendant shall not harass, threaten,

23 intimidate, injure, tamper with, or retaliate against any

24 witness, victim, informant, juror, or officer of the court, or

25 obstruct any criminal investigation.


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 23 of 29

23

1 Defendant shall not travel outside the Northern

2 District of California. The counties in the Northern District

3 are Alameda, Contra Costa, Del Norte, Humboldt, Lake Marin,

4 Mendocino, Monterey, Napa, San Bernardino, San Francisco, San

5 Mateo, Santa Clara, Santa Cruz and Sonoma. Mr. Doyon, those

6 are the only counties that you can be in, unless you first

7 have prior written permission from Pretrial Services.

8 Defendant shall report in person immediately upon

9 release and thereafter as directed to Pretrial Services in San

10 Jose.

11 The Defendant shall surrender all passports and

12 visas to the Court, if any, and shall not apply for any

13 passports or other travel documents. Defendant was sworn and

14 testified that he had no passport.

15 Defendants shall participate in mental health

16 counseling as directed by Pretrial Services.

17 Defendant shall maintain current employment or, if

18 unemployed, shall seek and maintain verifiable employment.

19 Defendant shall not change residence without prior

20 approval of Pretrial Services.

21 And then we've got this one about the internet.

22 Hold on a minute while I figure out how to write that. Okay.

23 Well, I'm a little confused because I was told the internet

24 access should be limited to the communications with the

25 Defendant's attorney or for work purposes only, but then I was


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 24 of 29

24

1 also told that it was okay to be on the internet, except for

2 certain particular entities or organizations.

3 MR. PARRELLA: One moment, Your Honor.

4 THE COURT: Now, maybe I misheard, but I want to

5 make this right.

6 MR. CHEW: Your Honor, if I can clarify, Your Honor?

7 THE COURT: Go ahead.

8 MR. CHEW: I believe that the latter position is

9 correct. With regard to the other Defendants in the related

10 case that Mr. Parrella and Mr. Leiderman referred to, the

11 restrictions were phrased as follows:

12 "Defendants shall not use or access Twitter,

13 Facebook or the -- or the Internet Relay Chat," and that --

14 and that was the extent of the prohibition.

15 It was done with the understanding that the

16 Defendant would be able to, you know, essentially surf the

17 internet, and that was a very simple shorthand way of

18 describing the prohibition.

19 THE COURT: What am I going to write now?

20 MR. CHEW: Well, Your Honor, the Government would

21 recommend the following statement: "Defendant shall not use

22 or access Twitter, Facebook or" --

23 THE COURT: I.R.C.?

24 MR. CHEW: Yes, Your Honor.

25 THE COURT: Anything else?


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 25 of 29

25

1 MR. PARRELLA: Also, that he may not knowingly

2 contact any member of Anonymous or P.L.F., and that he have no

3 contact with Codefendants, except through attorneys.

4 THE COURT: Oh, I'll make that one of the standard

5 conditions.

6 MR. PARRELLA: Okay.

7 THE COURT: There's only one Codefendant?

8 MR. PARRELLA: That's correct.

9 THE COURT: Okay. Now, what was he -- he was not

10 supposed to knowingly have contact with --

11 MR. PARRELLA: Anyone from the Anonymous group or

12 P.L.F. group.

13 MR. LEIDERMAN: That -- that's, Your Honor,

14 knowingly have contact with.

15 THE COURT: All right. Well, how about this

16 sentence where I wrote that the Defendant may have internet

17 access to communicate with his attorney and for work purposes?

18 Now, that's not true anymore because he -- his access is

19 actually greater than that, so long he doesn't do those things

20 we just -- I just was told about, right?

21 MR. CHEW: That's correct, Your Honor.

22 THE COURT: So I can strike that sentence?

23 MR. CHEW: Yes, Your Honor.

24 THE COURT: I'm blanking. How do you spell

25 Anonymous?
Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 26 of 29

26

1 MR. PARRELLA: A-N-O-N-Y-M-O-U-S.

2 THE COURT: Thank you. All right. So I've written

3 now, "Defendant shall not use or access Twitter, Facebook or

4 I.R.C., nor knowingly have contact with anyone associated with

5 Anonymous or P.L.F." Does that cover it?

6 MR. PARRELLA: Yes, Your Honor.

7 THE COURT: Okay. I'm going to pass this back

8 across the bench. Mr. Leiderman, please have Mr. Doyon, as

9 well as Mr. Fry and Mr. Norris, put their initials along the

10 left-hand margin every place there's a box that has an X.

11 Those are the rules I just read, and -- so they'll get all

12 squashed in there, but don't worry about that.

13 So there's going to be one, two, three, four, five,

14 six, seven, eight, nine, ten. There's 11 boxes with Xs. That

15 means there's going to be 11 sets of initials along the left-

16 hand margin.

17 And then down at the bottom you'll see there's a

18 signature block for the Defendant. Right underneath that

19 there's a signature block for the custodian. That's Mr.

20 Norris. And then over on the right-hand side there's a

21 signature block for a surety. That's Mr. Fry.

22 MR. LEIDERMAN: Your Honor, for the record, I've

23 watched all three people place their initials in the area

24 designated. It does -- the form does look like a bit of a

25 mess, but I've witnessed them put their initials there and
Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 27 of 29

27

1 then sign in the appropriate boxes.

2 THE COURT: So did I. Okay.

3 MR. LEIDERMAN: And the appearance before you, Your

4 Honor, is also at 9:00 o'clock that morning?

5 THE COURT: No.

6 MR. LEIDERMAN: Well, may -- may I phrase that

7 differently? Can the experience please be at 9:00 o'clock?

8 And I'll tell you why. If I'm going to be make it,

9 it's going to be on a flight where I'm not going to be all

10 day, and if not, someone is going to have to stand in for me.

11 THE COURT: It could be at 9:30.

12 MR. LEIDERMAN: 9:30? Okay.

13 THE COURT: Even 9:45.

14 MR. CHEW: Well, we have Judge Jensen at 9:00, I

15 believe.

16 THE COURT: Oh, he's got Jensen at 9:00? Okay.

17 MR. CHEW: So that's perfect.

18 THE COURT: 9:30 sounds okay?

19 MR. LEIDERMAN: 9:30 sounds just fine, Your Honor.

20 I was concerned about 1:30.

21 THE COURT: The dreaded 1:30.

22 MR. LEIDERMAN: Well, it would keep someone here all

23 day --

24 THE COURT: Yeah.

25 MR. LEIDERMAN: -- who is doing me a favor.


Case 5:11-cr-00683-DLJ Document 33 Filed 03/19/12 Page 28 of 29

28

1 THE COURT: Oh, good.

2 MR. PARRELLA: Just a request on the time exclusion.

3 THE COURT: Mr. Leiderman, time exclusion?

4 MR. LEIDERMAN: Time is excluded, yes, Your Honor.

5 THE COURT: Okay. You can prepare the order, Mr.

6 Parrella.

7 MR. PARRELLA: Yes.

8 THE COURT: Give -- give it to Mr. Leiderman for his

9 okay and then to me for signature.

10 MR. PARRELLA: Thank you.

11 THE COURT: You're welcome.

12 MR. CHEW: Thank you, Your Honor.

13 THE COURT: You're welcome.

14 MR. LEIDERMAN: Thank you very much, Your Honor.

15 THE COURT: Sure thing.

16 (Proceedings adjourned at 2:46 p.m.)

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5 CERTIFICATE OF TRANSCRIBER

7 I certify that the foregoing is a true and correct

8 transcript, to the best of my ability, of the above pages of

9 the official electronic sound recording provided to me by the

10 U. S. District Court, Northern District of California, of the

11 proceedings taken on the date and time previously stated in

12 the above matter.

13 I further certify that I am neither counsel for,

14 related to, nor employed by any of the parties to the action

15 in which this hearing was taken; and, further, that I am not

16 financially nor otherwise interested in the outcome of the

17 action.

18

19 ________________________ 3/18/2012

20 Signature of Transcriber Date

21

22

23

24

25
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Case 5:11-cr-00683-BLF Document 35 Filed 03/27/12 Page 1 of 2

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8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
*E-FILED - 3/27/12*
11 UNITED STATES OF AMERICA,
CASE NO.: CR-11-00683-DLJ
12 Plaintiff,
CLERK’S NOTICE OF CONTINUANCE
13 v.
14
CHRISTOPHER DOYON,
15
Defendant.
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18 PLEASE TAKE NOTICE that the Motion for Judgment on Forfeiture of Bond in the above-
19 entitled matter which was previously set for April 5, 2012, has been continued to April 12, 2012 @
20 9:00 a.m., before the Honorable D. Lowell Jensen. Parties are to appear in courtroom #7, 4th floor
21 of the U.S. Courthouse, 280 South First Street, San Jose, California.
22
23 DATED: March 27, 2012
24 ________________________
JACKIE GARCIA
25 Courtroom Deputy for
Honorable D. Lowell Jensen
26
27
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Case 5:11-cr-00683-BLF Document 36 Filed 03/29/12 Page 1 of 6

Pages 1 - 5

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Before The Honorable Howard R. Lloyd, Magistrate Judge

)
)
United States of America, ) No. CR11-00683 DLJ
)
Plaintiff, )
vs. )
)
Christopher Doyon, et al. )
)
Defendant. )
)
)

San Jose, California


Thursday, September 22, 2011

TRANSCRIPT OF PROCEEDINGS OF THE OFFICIAL ELECTRONIC SOUND


RECORDING

APPEARANCES:

For Plaintiff:
MELINDA HAAG
United States Attorney
450 Golden Gate Avenue, 11th Floor
San Francisco, California 94102
BY: MATTHEW A. PARRELLA
HANLEY CHEW
ASSISTANT UNITED STATES ATTORNEYS

For Defendant:
Leiderman Devine, LLP
5740 Ralston St Ste 300
Ventura, CA 93003
BY: JASON SCOTT LEIDERMAN
ATTORNEY AT LAW

Transcribed By: Stacy Wegner


Transcriber
smwtyping@gmail.com
(859) 539-2802
Case 5:11-cr-00683-BLF Document 36 Filed 03/29/12 Page 2 of 6

1 Thursday, September 22, 2011 1:58 p.m.

3 THE COURT: The United States versus Christopher

4 Doyon.

5 MR. PARRELLA: Good afternoon. Matt Parrella and

6 Hanley Chew for the Government.

7 MR. LEIDERMAN: Good afternoon, Your Honor. Jay

8 Leiderman L-E-I-D-E-R-M-A-N, for Mr. Doyon who's not yet

9 present.

10 THE COURT: Okay. You said that awfully fast. L-E-

11 I-D-E-R-M-A-N?

12 MR. LEIDERMAN: Yes, sir.

13 THE COURT: First name was Jay?

14 MR. LEIDERMAN: Jay, J-A-Y.

15 THE COURT: Thank you.

16 MR. LEIDERMAN: Is this one also for me?

17 THE COURT: One for you and one for your client.

18 Good afternoon, Mr. Parrella, Mr. Chew, Mr.

19 Leiderman and Mr. Doyon.

20 Sir, you're here because the grand jury has returned

21 an indictment against you and another individual. Although,

22 the indictment is in three counts, you are named only in count

23 one and two.

24 Count one alleges a violation of 18 U.S. Code

25 Section 1030(b), as well as 1030(c)(4)(a)(1)(1), conspiracy to


Case 5:11-cr-00683-BLF Document 36 Filed 03/29/12 Page 3 of 6

1 commit intentional damage to a protected computer.

2 And count two alleges a violation of 18 U.S. Code

3 Section 1030(a)(5)(a), as well as (c)(4)(a)(1)(1) and

4 (c)(4)(b)(1), as well as 18 U.S. Code Section 2, intentional

5 damage to a protected computer, as well as aiding and

6 abetting.

7 And you'll see that the charges deal with alleged

8 denial of service attack on computer servers of the county of

9 Santa Cruz.

10 If you're convicted of these offenses, as to each

11 count -- excuse me -- as to count one, you face a possible

12 period of imprisonment of five years and a fine of up to

13 $250,000.

14 As to count two, the possible term of imprisonment

15 is 10 years and a fine of up to $250,000.

16 There would also be how many years possible

17 supervised release, two, three?

18 MR. PARRELLA: At least three years.

19 THE COURT: Three years supervised release plus a

20 $100 special assessment on each count.

21 Are you making a general appearance?

22 MR. LEIDERMAN: Yes, sir, I am.

23 THE COURT: Do you have a copy of the indictment?

24 MR. LEIDERMAN: Yes, sir, I do.

25 THE COURT: Do you waive further reading, as well as


Case 5:11-cr-00683-BLF Document 36 Filed 03/29/12 Page 4 of 6

1 advisement of your client's rights?

2 MR. LEIDERMAN: Yes, sir, I do.

3 THE COURT: Shall we enter not guilty pleas?

4 MR. LEIDERMAN: Yes, sir.

5 THE COURT: Is the Government seeking detention?

6 MR. PARRELLA: Your Honor, just at the outset, I

7 want to note that I'm moving to unseal the indictment. We --

8 THE COURT: I -- I already signed that.

9 MR. PARRELLA: Okay. We weren't aware of that.

10 So I've spoken to counsel and discussed this matter.

11 This individual has an active warrant of some sort, or perhaps

12 two, from Santa Cruz, and in the past has a criminal history

13 that involves warrants.

14 We're requesting a bail study be done on this

15 Defendant, so that we can determine what the proper

16 recommendation would be for his release.

17 Mr. Leiderman is based in Ventura, California, and

18 has asked that the matter be placed for next Thursday for the

19 actual detention hearing. I'm available that day. I'm

20 available on Wednesday before. I'm not sure what his

21 availability is on the Wednesday before. I'm just going by

22 the previous case in which he -- he placed something on that

23 calendar as well.

24 THE COURT: Well, Wednesday would be better, but I

25 guess we can squeeze it is in on Thursday, if that's the day


Case 5:11-cr-00683-BLF Document 36 Filed 03/29/12 Page 5 of 6

1 that works better for you, Mr. Leiderman?

2 MR. LEIDERMAN: It is the date that works better for

3 me. I can -- if I have to, I can move things on Wednesday. I

4 would prefer Thursday.

5 THE COURT: That's okay. We'll do it Thursday.

6 That's September 29th at 1:30.

7 And you want a full bail study, I assume?

8 MR. PARRELLA: Yes, sir.

9 MR. LEIDERMAN: Yes.

10 THE COURT: Okay. Full bail study, please, Pretrial

11 Services. We'll set the matter for detention hearing

12 Thursday, September 29th at 1:30 in this court.

13 And in the meantime, the Defendant is remanded to

14 the custody of the United States Marshal.

15 MR. PARRELLA: Thank you, Your Honor.

16 MR. LEIDERMAN: Thank you, Your Honor.

17 THE COURT: You're welcome.

18 (Proceedings adjourned at 2:03 p.m.)

19

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Case 5:11-cr-00683-BLF Document 36 Filed 03/29/12 Page 6 of 6

5 CERTIFICATE OF TRANSCRIBER

7 I certify that the foregoing is a true and correct

8 transcript, to the best of my ability, of the above pages of

9 the official electronic sound recording provided to me by the

10 U. S. District Court, Northern District of California, of the

11 proceedings taken on the date and time previously stated in

12 the above matter.

13 I further certify that I am neither counsel for,

14 related to, nor employed by any of the parties to the action

15 in which this hearing was taken; and, further, that I am not

16 financially nor otherwise interested in the outcome of the

17 action.

18

19 ________________________ 3/28/2012

20 Signature of Transcriber Date

21

22

23

24

25
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Case 5:11-cr-00683-BLF Document 38 Filed 04/12/12 Page 1 of 1

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
Honorable D. Lowell Jensen
Courtroom 7 - 4th Floor

Criminal Minute Order

Date: April 12, 2012 Time in Court: 4 minutes

Courtroom Deputy Clerk: Oscar Rivera


Court Reporter: Irene Rodriguez

TITLE: United States of America v. Christopher Doyon (F)


CASE NUMBER: CR11-00683 DLJ-1
Government Attorney(s) present: Matthew Parrella
Surety present: Ed Frey
Interpreter: N/A

PROCEEDINGS:
Government’s Motion for Judgment on Forfeiture of Bond (Doc. 29)

Defendant has fled.


The Court grants government’s motion; bond is forfeited.
Mr. Frey confirms spelling of last name as Frey as opposed to Fry as listed on order setting
conditions of release.
Court to issue order after hearing.

///
Case 5:11-cr-00683-DLJ Document 39 Filed 04/13/12 Page 1 of 2

1 MELINDA HAAG (CABN 132612)


United States Attorney
2
MIRANDA KANE (CABN 150630)
3 Chief, Criminal Division
4 MATTHEW A. PARRELLA (NYBN 2040855)
HANLEY CHEW (CABN 189985)
5 Assistant United States Attorneys
6 150 Almaden Blvd., 9th Floor
San Jose, California 95113
7 Telephone: (408) 535-5042
FAX: (408) 535-5066
8 matthew.parrella@usdoj.gov
9 Attorneys for Plaintiff
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
14 UNITED STATES OF AMERICA, ) No. CR 11-00683 DLJ
)
15 Plaintiff, ) [PROPOSED] JUDGMENT ON
) FORFEITURE OF BOND
16 v. )
)
17 CHRISTOPHER DOYON, )
aka “PLF,” “Commander Adama, and )
18 “Commander X,” )
)
19 Defendant, and )
)
20 ED FREY )
aka Edwin A. Frey, )
21 )
Surety. )
22 )
_________________________________
23
24 The United States of America has moved for a judgment against the Defendant
25 Christopher Doyon and the Surety Ed Frey (Edwin A. Frey), jointly and severally, and
26 that this Court direct execution upon such judgment.
27 1. On September 29, 2011, the Defendant and the Surety executed an
28 unsecured bond in the sum of $35,000, conditioned upon the appearance of the Defendant
Case 5:11-cr-00683-DLJ Document 39 Filed 04/13/12 Page 2 of 2

1 in this Court as ordered by this Court to answer charges brought by the United States
2 against the Defendant. The Defendant and the Surety acknowledged their understanding
3 that they could lose the designated money if the Defendant failed to comply with the
4 Court's orders to appear.
5 2. On February 2, 2012, and February 16, 2012, the Defendant failed to
6 appear as ordered by the Court.
7 3. On February16, 2012, because of the Defendant's failure to appear, this
8 Court ordered that a bench warrant issue for the Defendant's arrest. The warrant remains
9 outstanding.
10 Based on the above findings, and for good cause shown,
11 IT IS HEREBY ORDERED:
12 1. That a judgment be entered in favor of the United States and against the
13 Defendant (Christopher Doyon) and the Surety (Ed Frey), jointly and severally, in the sum
14 of $35,000, plus interest from the date of entry of judgment as provided by law until paid
15 in full, plus costs of court, and
16 2. Execution upon such judgment is directed by the Court.
17
18
19 Dated: _______________
HONORABLE D. LOWELL JENSEN
20 United States District Judge
21
22
23
24
25
26
27
28

Judgement on Forfeiture of Bond


CR 11-00683 DLJ 2
Case 5:11-cr-00683-DLJ Document 41 Filed 04/25/12 Page 1 of 8

1 UNITED STATES DISTRICT COURT

2 FOR THE NORTHERN DISTRICT OF CALIFORNIA

3 SAN JOSE DIVISION

6 UNITED STATES OF AMERICA, )


)
7 PLAINTIFF, ) NO. CR-11-00683 DLJ
)
8 VERSUS ) STATUS CONFERENCE
)
9 CHRISTOPHER DOYON, AND ) FEBRUARY 2, 2012
JOSHUA JOHN COVELLI, )
10 ) PAGES 1 - 8
DEFENDANTS. )
11 )

12

13
TRANSCRIPT OF PROCEEDINGS
14 BEFORE THE HONORABLE D. LOWELL JENSEN
UNITED STATES DISTRICT JUDGE
15

16
A-P-P-E-A-R-A-N-C-E-S:
17
FOR THE PLAINTIFF: U.S. ATTORNEY'S OFFICE
18 BY: MATTHEW A. PARRELLA
150 ALMADEN BLVD., STE 900
19 SAN JOSE, CA 95113

20 FOR THE DEFENDANT: ATTORNEY AT LAW


BY: JASON SCOTT LEIDERMAN
21 5740 RALSTON ST., STE 300
VENTURA, CA 93003
22
(APPEARANCES CONTINUED ON NEXT PAGE)
23

24 COURT REPORTER: GEORGINA GALVAN COLIN, CSR


LICENSE NO. 10723
25

1
Case 5:11-cr-00683-DLJ Document 41 Filed 04/25/12 Page 2 of 8

1 APPEARANCES CONTINUED:

2 FOR DEFENDANT COVELLI: NOLAN, ARMSTRONG & BARTON


BY: THOMAS J. NOLAN, JR.
3 600 UNIVERSITY AVENUE
PALO ALTO, CA 94301
4

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

2
Case 5:11-cr-00683-DLJ Document 41 Filed 04/25/12 Page 3 of 8

1 SAN JOSE, CALIFORNIA FEBRUARY 2, 2012

2 P-R-O-C-E-E-D-I-N-G-S

3 (WHEREUPON, COURT CONVENED AND THE

4 FOLLOWING PROCEEDINGS WERE HAD:)

5 THE CLERK: 11-00683, CHRISTOPHER DOYON

6 AND JOSHUA COVELLI ON FOR STATUS.

7 MR. PARRELLA: MATT PARRELLA FOR THE

8 GOVERNMENT. GOOD MORNING, YOUR HONOR.

9 MR. LEIDERMAN: GOOD MORNING, YOUR HONOR.

10 JASON LEIDERMAN FOR MR. DOYON.

11 IT SEEMS MR. NOLAN AND MR. COVELLI HAVE

12 STEPPED OUT A MOMENT.

13 MR. PARRELLA: MR. COVELLI IS A DEFENDANT

14 ON THE PRIOR INDICTMENT, AND ON THIS INDICTMENT.

15 AND MR. NOLAN REPRESENTS HIM ON BOTH MATTERS.

16 AND SO -- I'VE SPOKE TO MR. NOLAN ABOUT

17 THAT, AND HE SAID HE WOULD BE IN.

18 BUT, WE CAN ADDRESS ONE THING WITHOUT

19 MR. NOLAN. AND THAT IS WHETHER MR. LEIDERMAN KNOWS

20 WHERE HIS CLIENT IS? AND WHETHER HE'S -- HE IS NOT

21 SUBJECT TO A WAIVER.

22 (COUNSEL RETURNS TO COURTROOM.)

23 MR. NOLAN: MY APOLOGIES, JUDGE. I

24 FORGOT THAT THEY WERE SEPARATED.

25 TOM NOLAN APPEARING ON BEHALF OF

3
Case 5:11-cr-00683-DLJ Document 41 Filed 04/25/12 Page 4 of 8

1 MR. COVELLI, WHO IS PRESENT IN THE COURTHOUSE. AND

2 WAS PRESENT PRIOR.

3 THE COURT: OKAY. THANK YOU.

4 MR. NOLAN: THANK YOU, YOUR HONOR.

5 MR. PARRELLA: THANK YOU, YOUR HONOR.

6 SO RETURNING TO MR. DOYON, HIS APPEARANCE

7 HAS NOT BEEN WAIVED. HE IS NOT PRESENT HERE.

8 AND SO I'M INQUIRING AS TO WHETHER

9 THERE'S A REASON FOR THAT.

10 MR. LEIDERMAN: I, I --

11 THE COURT: WELL, WHAT WE'LL DO IS ISSUE

12 A BENCH WARRANT FOR HIM, BUT HOLD IT TO A DATE,

13 I'LL SET A DATE AND GIVE YOU AN OPPORTUNITY TO GET

14 HIM HERE.

15 BUT WE'LL ISSUE A BENCH WARRANT NOW AND

16 HOLD UNTIL THAT HAPPENS.

17 MR. PARRELLA: SO I WOULD ASK THAT THAT

18 DATE, BECAUSE MR. DOYON IS LOCAL -- WELL, AT LEAST

19 WE WERE UNDER THE IMPRESSION HE WAS, WAS IN THE

20 SANTA CRUZ AREA, AS OPPOSED TO IN ANOTHER STATE --

21 I WOULD ASK THAT PERHAPS FOR MONDAY, HOLD THE

22 WARRANT UNTIL THEN.

23 THE COURT: WE CAN PUT IT OVER A WEEK.

24 MR. NOLAN: COULD MY CLIENT'S APPEARANCE

25 BE WAIVED?

4
Case 5:11-cr-00683-DLJ Document 41 Filed 04/25/12 Page 5 of 8

1 THE COURT: YOUR CLIENT DOES NOT HAVE TO

2 BE HERE.

3 MR. NOLAN: OKAY.

4 THE COURT: WE'LL SET ANOTHER DATE FOR A

5 STATUS CONFERENCE. AND WE'LL SET THAT UP.

6 BUT, WE'RE TALKING ABOUT MR. DOYON,

7 SEPARATELY FOR THAT.

8 MR. LEIDERMAN: AND WAS THE DATE THE

9 COURT HAD IN MIND THEN THE 9TH?

10 THE CLERK: THE 9TH.

11 MR. LEIDERMAN: IT'S NOT A DATE THAT I'M

12 AVAILABLE, BUT I'LL DO MY BEST TO GET SOMEONE HERE.

13 MR. NOLAN: YOUR HONOR, IN REGARDS TO

14 MR. COVELLI'S MATTER, COULD THAT GO OVER ALSO TO

15 THE 3RD OF MAY?

16 AND CAN THE DISCOVERY BE REFERRED TO

17 JUDGE GREWAL BECAUSE THERE WILL BE DUPLICATION AND

18 SIMILARITIES OF ISSUES.

19 MR. PARRELLA: YES.

20 THE COURT: I THINK THAT MAKES SENSE.

21 SO WE'LL MAKE THAT ORDER AS FAR AS

22 MR. COVELLI'S CASE IS CONCERNED. AND WE'LL

23 CONTINUE HIS CASE TO MAY 3RD, UNDER THE SAME TERMS

24 AND CONDITIONS AS THE FORMER CASE.

25 THEY'RE TO GO FOR DISCOVERY PURPOSES TO

5
Case 5:11-cr-00683-DLJ Document 41 Filed 04/25/12 Page 6 of 8

1 JUDGE GREWAL.

2 MR. NOLAN: RIGHT.

3 THE COURT: AND, IN THIS CASE, WE'LL MAKE

4 THE FINDING THAT IN THE INTEREST OF JUSTICE, FOR

5 CONTINUITY OF COUNSEL AND EFFECTIVENESS OF

6 REPRESENTATION IT WILL BE EXCLUDABLE TIME UNTIL MAY

7 3RD ON THE CASE OF MR. COVELLI.

8 NOW, THEN AS FAR AS MR. DOYON IS

9 CONCERNED, IT DOESN'T HAVE TO BE NEXT WEEK. WE

10 WANT TO JUST GET THIS RESOLVED IN TERMS OF WHERE HE

11 IS. BECAUSE THE EXPECTATION IS ONCE WE FIND OUT

12 WHERE HE IS, THEN WE'LL PUT HIM ONTO THE SAME

13 TRACK.

14 SO, AS I SAY, WE'LL HOLD THE BENCH

15 WARRANT, AND SET IT FOR THE 16TH THEN.

16 MR. PARRELLA: FEBRUARY 16TH?

17 THE COURT: WELL, LET'S SEE, WHAT IS

18 IT -- TWO WEEKS?

19 THE CLERK: TWO WEEKS IS THE 16TH.

20 MR. LEIDERMAN: IF I COULD JUST HAVE ONE

21 MOMENT, YOUR HONOR.

22 AGAIN, IT IS A DAY I'M ENGAGED DOWN IN

23 VAN NUYS, BUT I WILL TRY TO GET -- NO, I WON'T TRY,

24 I WILL GET SOMEONE HERE TO COVER IT THEN.

25 THE COURT: OKAY. WE'LL HAVE TO DO THAT

6
Case 5:11-cr-00683-DLJ Document 41 Filed 04/25/12 Page 7 of 8

1 THEN BECAUSE WE HAVE TO KEEP THAT MOVING AND SEE

2 WHERE WE ARE.

3 SO WE'RE CONTINUING THE CASE OF MR. DOYON

4 TO FEBRUARY 16 AT 9 O'CLOCK.

5 AND, AS I SAY, THERE'S A BENCH WARRANT

6 FOR HIS APPEARANCE, BUT WE'LL HOLD IT UNTIL THAT

7 TIME. OKAY.

8 MR. LEIDERMAN: THANK YOU VERY MUCH, YOUR

9 HONOR.

10 MR. PARRELLA: THANK YOU, YOUR HONOR.

11 (WHEREUPON, PROCEEDINGS WERE CONCLUDED.)

12

13

14

15

16

17

18

19

20

21

22

23

24

25

7
Case 5:11-cr-00683-DLJ Document 41 Filed 04/25/12 Page 8 of 8

1 CERTIFICATE OF REPORTER

5 I, GEORGINA GALVAN COLIN, PRO TEM COURT

6 REPORTER FOR THE UNITED STATES DISTRICT COURT FOR

7 THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH

8 FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY

9 CERTIFY:

10 THAT THE FOREGOING TRANSCRIPT IS A FULL,

11 TRUE AND CORRECT TRANSCRIPT OF THE PROCEEDING HAD

12 IN USA VS. CHRISTOPHER DOYON & JOSHUA JOHN COVELLI,

13 CASE NUMBER CR-11-00683 DLJ, DATED FEBRUARY 2,

14 2012, THAT I REPORTED THE SAME IN STENOTYPE TO THE

15 BEST OF MY ABILITY, AND THEREAFTER HAD THE SAME

16 TRANSCRIBED BY COMPUTER-AIDED TRANSCRIPTION AS

17 HEREIN APPEARS.

18

19

20

21

22
/S/
23 __________________________
GEORGINA GALVAN COLIN, CSR
24 LICENSE NUMBER 10723

25

8
Case 5:11-cr-00683-BLF Document 42 Filed 04/25/12 Page 1 of 6

1 UNITED STATES DISTRICT COURT

2 FOR THE NORTHERN DISTRICT OF CALIFORNIA

3 SAN JOSE DIVISION

6 UNITED STATES OF AMERICA, )


)
7 PLAINTIFF, ) NO. CR-11-00683 DLJ
)
8 VERSUS ) STATUS CONFERENCE
)
9 CHRISTOPHER DOYON, ) FEBRUARY 16, 2012
)
10 DEFENDANT. ) PAGES 1 - 6
)
11

12

13
TRANSCRIPT OF PROCEEDINGS
14 BEFORE THE HONORABLE D. LOWELL JENSEN
UNITED STATES DISTRICT JUDGE
15

16

17
A-P-P-E-A-R-A-N-C-E-S:
18
FOR THE PLAINTIFF: U.S. ATTORNEY'S OFFICE
19 BY: HANLEY CHEW
150 ALMADEN BOULEVARD
20 SUITE 900
SAN JOSE, CA 95113
21
FOR THE DEFENDANT: ATTORNEY JASON LEIDERMAN
22 5740 RALSTON ST., STE 300
VENTURA, CA 93003
23 BY: PETER LEEMING, ATTY

24 COURT REPORTER: GEORGINA GALVAN COLIN, CSR


LICENSE NO. 10723
25

1
Case 5:11-cr-00683-BLF Document 42 Filed 04/25/12 Page 2 of 6

1 SAN JOSE, CALIFORNIA FEBRUARY 16, 2012

2 P-R-O-C-E-E-D-I-N-G-S

3 (WHEREUPON, COURT CONVENED AND THE

4 FOLLOWING PROCEEDINGS WERE HAD:)

5 THE CLERK: NEXT MATTER, CR-11-00683.

6 USA VERSUS CHRISTOPHER DOYON, ON FOR STATUS.

7 MR. CHEW: GOOD MORNING, YOUR HONOR.

8 HANLEY CHEW FOR THE UNITED STATES.

9 MR. LEEMING: GOOD MORNING, YOUR HONOR.

10 PETER LEEMING APPEARING ESPECIALLY ON BEHALF OF

11 MR. LEIDERMAN.

12 MR. DOYON IS NOT HERE.

13 MR. CHEW: YOUR HONOR, IN THIS CASE THE

14 PRIOR APPEARANCE WAS ABOUT TWO WEEKS AGO. AND THE

15 DEFENDANT WAS NOT PRESENT AT THAT APPEARANCE AS

16 WELL.

17 AT THAT TIME, THE COURT ISSUED AN ARREST

18 WARRANT BUT STAYED THE IMPLEMENTATION OF THE

19 WARRANT TO GIVE THE DEFENSE COUNSEL AN OPPORTUNITY

20 TO SEE IF THE DEFENDANT COULD APPEAR.

21 IT APPEARS AS THOUGH THE DEFENDANT HAS

22 FLED. AND THE GOVERNMENT WOULD ASK, OR REQUEST

23 THAT THE COURT LIFT THE STAY ON THE ARREST WARRANT

24 FOR THE DEFENDANT AT THIS TIME.

25 THE COURT: WELL, WE HAD PUT IT OVER TO

2
Case 5:11-cr-00683-BLF Document 42 Filed 04/25/12 Page 3 of 6

1 GIVE AN OPPORTUNITY TO SEE IF HE COULD BE LOCATED.

2 AND IT WOULD APPEAR TO THE COURT, IT APPEARS AS

3 THOUGH THAT HASN'T HAPPENED.

4 AND I DON'T HAVE ANY INDICATION THAT HE

5 IS GOING TO MAKE AN APPEARANCE.

6 MR. LEEMING: WELL, YOUR HONOR, HE ISSUED

7 A PRESS RELEASE RELATING TO HIS LACK OF APPEARANCE.

8 THE COURT: AND I HAVEN'T SEEN THE PRESS

9 RELEASE.

10 MR. LEEMING: IT INDICATES, AND WE

11 DISCUSSED THIS, THAT HE HAS DECIDED TO RELOCATE TO

12 CANADA.

13 THE COURT: OKAY. SO THE PRESS RELEASE

14 INDICATES THAT HE'S NOT GOING TO BE HERE?

15 MR. LEEMING: THAT'S CORRECT.

16 THE COURT: WELL, THEN THE BENCH WARRANT

17 WILL BE ISSUED.

18 AND IT WILL THEN BE ON TRACK. AND IF HE

19 WERE TO RETURN TO THIS COUNTRY, THEN I WOULD ASSUME

20 HE WOULD BE APPREHENDED.

21 SO THAT, THAT'S WHAT WE PUT IT OVER FOR.

22 AND THE RESULT IS THAT HE'S NOT HERE. SO THE BENCH

23 WARRANT IS NOW ISSUED BY THE COURT.

24 MR. LEEMING: VERY GOOD, YOUR HONOR.

25 MR. CHEW: THANK YOU, YOUR HONOR.

3
Case 5:11-cr-00683-BLF Document 42 Filed 04/25/12 Page 4 of 6

1 THE COURT: WHAT ABOUT THE OTHER

2 DEFENDANT?

3 MR. CHEW: THE OTHER DEFENDANT APPEARED,

4 I BELIEVE, TWO WEEKS AGO. AND THAT WAS CONTINUED

5 TO MAY 3RD.

6 MY APOLOGIES, I WAS NOT PRESENT BUT I WAS

7 TOLD THAT THE DEFENDANT MR. COVELLI MADE AN

8 APPEARANCE.

9 THE COURT: YES.

10 MR. CHEW: AND THE COURT CONTINUED TO --

11 THE COURT: WE DID HAVE HIM ON A SEPARATE

12 TRACK. SO WE'LL JUST LEAVE HIM ON THE TRACK WHERE

13 HIS APPEARANCE WILL BE MAY 3RD THEN.

14 AS FAR AS MR. DOYON IS CONCERNED, THERE'S

15 A BENCH WARRANT FOR HIS APPREHENSION.

16 MR. CHEW: YES, YOUR HONOR.

17 AND THE GOVERNMENT WOULD ALSO ASK FOR A

18 SPEEDY TRIAL BASED ON THE DEFENDANT'S

19 UNAVAILABILITY AND ABSENCE AT THIS TIME.

20 THE COURT: AS I UNDERSTAND THE SPEEDY

21 TRIAL IS, TIME IS EXCLUDED DURING TIMES OF

22 INTENTIONAL NON-APPEARANCE BY THE DEFENDANT, AND

23 THAT APPEARS WHERE WE ARE NOW.

24 MR. CHEW: YES.

25 THE COURT: SO IT WOULD BE OBVIOUS, AS

4
Case 5:11-cr-00683-BLF Document 42 Filed 04/25/12 Page 5 of 6

1 FAR AS THE COURT IS CONCERNED, THERE IS NO -- TIME

2 IS EXCLUDED AT THIS POINT. SO IT WILL REMAIN AS

3 SUCH.

4 MR. CHEW: THANK YOU, YOUR HONOR.

5 MR. LEEMING: VERY GOOD, YOUR HONOR.

6 (WHEREUPON, PROCEEDING WAS CONCLUDED.)

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

5
Case 5:11-cr-00683-BLF Document 42 Filed 04/25/12 Page 6 of 6

1 CERTIFICATE OF REPORTER

5 I, GEORGINA GALVAN COLIN, PRO TEM COURT

6 REPORTER FOR THE UNITED STATES DISTRICT COURT FOR

7 THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH

8 FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY

9 CERTIFY:

10 THAT THE FOREGOING TRANSCRIPT IS A FULL,

11 TRUE AND CORRECT TRANSCRIPT OF THE PROCEEDING HAD

12 USA VS CHRISTOPHER DOYON, CASE NUMBER CR-11-00683

13 DLJ, DATED FEBRUARY 16, 2012, THAT I REPORTED THE

14 SAME IN STENOTYPE TO THE BEST OF MY ABILITY, AND

15 THEREAFTER HAD THE SAME TRANSCRIBED BY

16 COMPUTER-AIDED TRANSCRIPTION AS HEREIN APPEARS.

17

18

19

20

21
/S/
22 __________________________
GEORGINA GALVAN COLIN, CSR
23 LICENSE NUMBER 10723

24

25

6
Case 5:11-cr-00683-BLF Document 44 Filed 05/08/12 Page 1 of 2

1 MELINDA HAAG (CABN 132612)


United States Attorney
2
MIRANDA KANE (CABN 150630)
3 Chief, Criminal Division
4 MATTHEW A. PARRELLA (NYBN 2040855)
HANLEY CHEW (CABN 189985)
5 Assistant United States Attorneys (),/('
6 150 Almaden Blvd., 9th Floor
San Jose, California 95113
7 Telephone: (408) 535-5042
FAX: (408) 535-5066
8 matthew.parrella@usdoj.gov
9 Attorneys for Plaintiff
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
14 UNITED STATES OF AMERICA, ) No. CR 11-00683 DLJ
)
15 Plaintiff, ) [] JUDGMENT ON
) FORFEITURE OF BOND
16 v. )
)
17 CHRISTOPHER DOYON, )
aka “PLF,” “Commander Adama, and )
18 “Commander X,” )
)
19 Defendant, and )
)
20 ED FREY )
aka Edwin A. Frey, )
21 )
Surety. )
22 )
_________________________________
23
24 The United States of America has moved for a judgment against the Defendant
25 Christopher Doyon and the Surety Ed Frey (Edwin A. Frey), jointly and severally, and
26 that this Court direct execution upon such judgment.
27 1. On September 29, 2011, the Defendant and the Surety executed an
28 unsecured bond in the sum of $35,000, conditioned upon the appearance of the Defendant
Case 5:11-cr-00683-BLF Document 44 Filed 05/08/12 Page 2 of 2

1 in this Court as ordered by this Court to answer charges brought by the United States
2 against the Defendant. The Defendant and the Surety acknowledged their understanding
3 that they could lose the designated money if the Defendant failed to comply with the
4 Court's orders to appear.
5 2. On February 2, 2012, and February 16, 2012, the Defendant failed to
6 appear as ordered by the Court.
7 3. On February16, 2012, because of the Defendant's failure to appear, this
8 Court ordered that a bench warrant issue for the Defendant's arrest. The warrant remains
9 outstanding.
10 Based on the above findings, and for good cause shown,
11 IT IS HEREBY ORDERED:
12 1. That a judgment be entered in favor of the United States and against the
13 Defendant (Christopher Doyon) and the Surety (Ed Frey), jointly and severally, in the sum
14 of $35,000, plus interest from the date of entry of judgment as provided by law until paid
15 in full, plus costs of court, and
16 2. Execution upon such judgment is directed by the Court.
17
18
19 
Dated: _______________
HONORABLE D. LOWELL JENSEN
20 United States District Judge
21
22
23
24
25
26
27
28

Judgement on Forfeiture of Bond


CR 11-00683 DLJ 2
Case 5:11-cr-00683-DLJ Document 81 Filed 10/09/14 Page 1 of 3
Case 5:11-cr-00683-DLJ Document 81 Filed 10/09/14 Page 2 of 3
Case 5:11-cr-00683-DLJ Document 81 Filed 10/09/14 Page 3 of 3
Case 5:11-cr-00683-BLF Document 86 Filed 10/31/14 Page 1 of 1

1
2
3
4
IN THE UNITED STATES DISTRICT COURT
5
6 FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8 UNITED STATES OF AMERICA, No. CR 11-00683-01-DLJ
9 Plaintiff, ORDER
10 v.
For the Northern District of California

11 Christopher Doyon
United States District Court

12 Defendant.
/
13
14 GOOD CAUSE APPEARING THEREFOR,
15 IT IS ORDERED that this case is reassigned to the Honorable District Judge Lucy H. Koh
16 in the San Jose division for all further proceedings. Counsel are instructed that all future filings
17 shall bear the initials LHK immediately after the case number. All dates presently scheduled are
18 vacated and motions should be renoticed for hearing before the judge to whom the case has been
19 reassigned.
20
21
22 FOR THE EXECUTIVE COMMITTEE:
23
24 Dated: Oct 31, 2014
Richard Wieking
25 Clerk of Court
26
27
28
Case 5:11-cr-00683-BLF Document 87 Filed 11/13/14 Page 1 of 1

1
2
3
4
IN THE UNITED STATES DISTRICT COURT
5
6 FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8 UNITED STATES OF AMERICA, No. CR 11-0683-LHK
9 Plaintiff, ORDER
10 v.
For the Northern District of California

11 CHRISTOPHER DOYON,
United States District Court

12 Defendant.
/
13
14 Due to a clerical error made by the Clerk’s office in the previous assignment,
15 IT IS ORDERED that this case is reassigned to the Honorable Beth Labson Freeman in the
16 San Jose division for all further proceedings. Counsel are instructed that all future filings shall bear
17 the initials BLF immediately after the case number. All dates presently scheduled are vacated and
18 motions should be renoticed for hearing before the judge to whom the case has been reassigned.
19
20 FOR THE EXECUTIVE COMMITTEE:
21
22 Dated: November 13, 2014
Richard W. Wieking
23 Clerk of Court
24
25
26
27
28
Case 5:11-cr-00683-BLF Document 88 Filed 11/26/14 Page 1 of 1

4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

6
USA,
7 Case No. 11-cr-00683-BLF-1
Plaintiff,
8
v. ORDER REASSIGNING FUGITIVE
9 CRIMINAL CASE
CHRISTOPHER DOYON,
10 Re: Dkt. No. 27
Defendant.
11

12
Northern District of California
United States District Court

13 The court having been advised that defendant CHRISTOPHER DOYON is a fugitive, it is

14 hereby ordered that this case, as to defendant CHRISTOPHER DOYON, is removed from the list

15 of cases pending before the undersigned judge and the Clerk is instructed to reassign it to the

16 Executive Committee. On motion of either party for good cause shown, the case will be restored

17 to the list of cases pending before the undersigned.

18
19 IT IS SO ORDERED.

20 Dated: November 26, 2014

21 ______________________________________
BETH LABSON FREEMAN
22 United States District Judge
23

24

25

26
27

28
DOCUMENTS UNDER SEAL
Case 5:11-cr-00683-BLF Document 95 Filed 06/14/21 Page 1 11
TOTAL TIME (m ins):
of mins.
1
M AGISTRATE JUDGE DEPUTY CLERK R(&25'(',1=220
M INUTE ORDER Ivy Lerma Garcia 1:31-1:42
MAGISTRATE JUDGE DATE NEW CASE CASE NUMBER6
&5%/)
DONNA M. RYU 6/14/21 &5(-'
APPEARANCES
DEFENDANT AGE CUST P/NP ATTORNEY FOR DEFENDANT PD. RET.
CHRISTOPHER DOYON YES P (Prov. Apptd. 4/4/19)
Jay Rorty (prov. Apptd.) APPT.
U.S. ATTORNEY INTERPRETER FIN. AFFT COUNSEL APPT'D
Susan Knight SUBMITTED

PROBATION OFFICER PRETRIAL SERVICES OFFICER DEF ELIGIBLE FOR PARTIAL PAYMENT
Jessica Portillo APPT'D COUNSEL OF CJA FEES
, 1&5%/),1,7 PROCEEDINGS SCHEDULED TO OCCUR%<=2209,'(2&21)(5(1&(
$33($521$:$55$17 PRELIM HRG MOTION JUGM'T & SENTG STATUS
)25)7$+(/',, 1&5(J' TRIAL SET
,1,7$33($521,1',&70(17+(/'
I.D. COUNSEL ARRAIGNMENT BOND HEARING IA REV PROB. or OTHER
or S/R
DETENTION HRG ID / REMOV HRG CHANGE PLEA PROB. REVOC. ATTY APPT
HEARING
21%27+&$6(6 INITIAL APPEARANCE
ADVISED ADVISED NAME AS CHARGED TRUE NAME:
OF RIGHTS OF CHARGES IS TRUE NAME
ARRAIGNM ENT
ARRAIGNED ON ARRAIGNED ON READING W AIVED W AIVER OF INDICTMENT FILED
INFORMATION INDICTMENT SUBSTANCE
RELEASE
RELEASED ISSUED AMT OF SECURITY SPECIAL NOTES PASSPORT
ON O/R APPEARANCE BOND $ SURRENDERED
DATE:
PROPERTY TO BE POSTED CORPORATE SECURITY REAL PROPERTY:
CASH $
21%27+&$6(6
MOTION PRETRIAL DETAINED RELEASED DETENTION HEARING REMANDED
FOR SERVICES AND FORMAL FINDINGS TO CUSTODY
DETENTION REPORT W AIVED
ORDER REMOVED TO THE DISTRICT OF
PLEA
CONSENT NOT GUILTY GUILTY GUILTY TO COUNTS:
ENTERED
PRESENTENCE CHANGE OF PLEA PLEA AGREEMENT OTHER:
REPORT ORDERED FILED

21%27+&$6(6 CONTINUANCE
TO: 21%27+&$6(6 ATTY APPT BOND STATUS RE: STATUS
6/15/21 HEARING HEARING CONSENT TRIAL SET
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TIME WAIVED TIME EXCLUDABLE IDENTITY / PRETRIAL PROB/SUP REV.
UNDER 18 § USC REMOVAL CONFERENCE HEARING
3161 HEARING
ADDITIONAL PROCEEDINGS

Entire Case CR-12-0426-EJD is unsealed. Deft. waived his personal appear. & consented to proceed by video conf. All parties
appeared by Zoom video conf. DPPA advisement. CJA Atty. Jay Rorty will try to contact Deft's previous Counsel in
CR-11-0683-BLF named Jason Scott Leiderman to find out if he'll continue to represent the Deft. as his retained Counsel.
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Case 5:11-cr-00683-BLF Document 96 Filed 06/14/21 Page 1 of 2

1 STEPHANIE M. HINDS (CABN 154284)


Acting United States Attorney
2
HALLIE HOFFMAN (CABN 210020)
3 Chief, Criminal Division

4 SUSAN KNIGHT (CABN 209013)


Assistant United States Attorney
5
150 Almaden Boulevard, Suite 900
6 San Jose, California 95113
Telephone: (408) 535-5056
7 FAX: (408) 535-5066
Email: Susan.Knight@usdoj.gov
8
Attorneys for United States of America
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN JOSE DIVISION
12

13 UNITED STATES OF AMERICA, ) NO. CR 12-00426 EJD


) [FILED MAY 30, 2012]
14 Plaintiff, )
)
15 v. )
)
16 CHRISTOPHER DOYON, )
)
17 Defendant. )
)
18
19 UNITED STATES OF AMERICA, ) NO. CR-11-00683 BLF
) [FILED SEPTEMBER 21, 2011]
20 Plaintiff, )
) NOTICE OF RELATED CASE IN A CRIMINAL
21 v. ) ACTION
)
22 CHRISTOPHER DOYON, )
)
23 Defendant. )
)
24

25 The United States of America, pursuant to Local Criminal Rule 8-1, hereby notifies the Court
26 that the two above-captioned criminal cases are related. On September 21, 2011, defendant Christopher

27 Doyon (hereafter “Defendant”) was charged with one count of conspiracy to cause intentional damage to

28 a protected computer, in violation of 18 U.S.C. § 1030(b) and (c)(4)(A)(i)(I), and one count of

NOTICE OF RELATED CASES


U.S. v. DOYON v. 7/10/2018
Case 5:11-cr-00683-BLF Document 96 Filed 06/14/21 Page 2 of 2

1 intentional damage to a protected computer, aiding and abetting, in violation of 8 U.S.C. §§

2 1030(a)(5)(A), (c)(4)(A)(i)(I), (c)(4)(B)(i) & 2. ECF No. 1, CR 11-00683 BLF. According to the 2011

3 indictment, Defendant participated in a Distributed Denial of Service (DDoS) attack against Santa Cruz

4 County’s computer servers on Dec. 16, 2010, that caused Santa Cruz County’s website to go offline. A

5 DDoS attack is an attempt to render computers unavailable to users by saturating the target computers or

6 networks with external communication requests, thereby denying service to legitimate users. He was

7 arrested on September 22, 2011 and released on conditions. ECF Nos. 3, 8. On February 2, 2012, he

8 failed to appear at a status conference before the Honorable Lowell D. Jensen, who issued an arrest

9 warrant but stayed it until a status conference on February 16, 2012. ECF Nos. 25, 27. Defendant again

10 failed to appear and his counsel reported to the Court that Defendant had fled to Canada. ECF No. 27.

11 The arrest warrant was issued.

12 On May 30, 2012, Defendant was indicted for failing appear on February 2, 2012, after he was

13 placed on pre-trial release, in violation of 18 U.S.C. § 3146(a)(1). (CR 12-00426 EJD)

14 Based upon these facts, the cases are related within the meaning of Local Rule 8-1(b)(1) because

15 they involve the same defendant and the same events and occurrences. Furthermore, the cases are

16 related within the meaning of Local Rule 8-1(b)(2) because, if heard by separate judges, the actions

17 likely would involve substantial duplication of labor by the two judges.

18 Per the requirement of Local Criminal Rule 8-1(c)(4), government counsel states that assignment

19 of these cases to a single judge is likely to conserve judicial resources and promote an efficient

20 determination of each action.

21 DATED: June 14, 2021 Respectfully submitted,

22 STEPHANIE M. HINDS
Acting United States Attorney
23

24
SUSAN KNIGHT
25 Assistant United States Attorney
26

27

28

NOTICE OF RELATED CASES


U.S. v. DOYON v. 7/10/2018
DOCUMENTS UNDER SEAL
Case 5:11-cr-00683-BLF Document 97 Filed 06/15/21 Page 1 13
TOTAL TIME (m ins):
of mins.
1
M AGISTRATE JUDGE DEPUTY CLERK R(&25'(',1=220
M INUTE ORDER Ivy Lerma Garcia 1:15-1:28
MAGISTRATE JUDGE DATE NEW CASE CASE NUMBER6
&5%/)
DONNA M. RYU 6/15/21 &5(-'
APPEARANCES
DEFENDANT AGE CUST P/NP ATTORNEY FOR DEFENDANT PD. RET.
CHRISTOPHER DOYON (by Video) YES P (Prov. Apptd. 4/4/19)
Jay Rorty (prov. apptd.) APPT.
U.S. ATTORNEY INTERPRETER FIN. AFFT COUNSEL APPT'D
Susan Knight 127 SUBMITTED

PROBATION OFFICER PRETRIAL SERVICES OFFICER DEF ELIGIBLE FOR PARTIAL PAYMENT
Jay Christian APPT'D COUNSEL OF CJA FEES
PROCEEDINGS SCHEDULED TO OCCUR%<=2209,'(2&21)(5(1&(
INITIAL APPEAR PRELIM HRG MOTION JUGM'T & SENTG STATUS
TRIAL SET
I.D. COUNSEL ARRAIGNMENT BOND HEARING IA REV PROB. or OTHER
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OF RIGHTS OF CHARGES IS TRUE NAME
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INFORMATION INDICTMENT SUBSTANCE
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RELEASED ISSUED AMT OF SECURITY SPECIAL NOTES PASSPORT
ON O/R APPEARANCE BOND $ SURRENDERED
DATE:
PROPERTY TO BE POSTED CORPORATE SECURITY REAL PROPERTY:
CASH $

MOTION PRETRIAL DETAINED RELEASED DETENTION HEARING REMANDED


FOR SERVICES AND FORMAL FINDINGS TO CUSTODY
DETENTION REPORT W AIVED
ORDER REMOVED TO THE DISTRICT OF
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CONSENT NOT GUILTY 3/($ GUILTY GUILTY TO COUNTS:
ENTERED (17(5(',1&5(-'
PRESENTENCE CHANGE OF PLEA PLEA AGREEMENT OTHER:
REPORT ORDERED FILED
CONTINUANCE
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7/20/21 HEARING HEARING CONSENT TRIAL SET

AT: SUBMIT FINAN. 67$7865( CHANGE OF OTHER


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UNDER 18 § USC REMOVAL CONFERENCE HEARING
3161)520 HEARING
72
ADDITIONAL PROCEEDINGS
Deft. waived his personal appear. & consented to proceed by video conf. All parties appeared by Zoom video conf. Deft's prev.
Counsel named Jason Leiderman will not be able to continue to represent the Deft. as his retained Counsel. Court ordered
that CJA Counsel Jay Rorty shld. submit the Deft's Fin. Affid. to Judge Ryu's Clerk as soon as it is completed. On 6/14/21, Govt's Counsel
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