U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:05-cr-00673-LAP-ALL


Case title: USA v. Shah et al
Magistrate judge case numbers:  1:05-mj-00956-UA

1:05-mj-01388-UA

1:05-mj-01797-UA

Date Filed: 06/27/2005

Assigned to: Judge Loretta A. Preska

Defendant
Tarik Ibn Osman Shah (1)
also known as
"Tarik Shah," (1)
also known as
"Tarik Jenkins," (1)
also known as
"Abu Musab," (1)
represented by Erika McDaniel Edwards
Donaldson, Chilliest & McDaniel, LLP
103 East 125th Street
New York, NY 10035
(212)722-4900
Fax: 2127224966
Email: ErikaMcDan@aol.com
LEAD ATTORNEY
Designation: Retained

Joshua Lewis Dratel
Law Offices of Joshua L. Dratel, P.C.
14 Wall Street 28th Floor
New York, NY 10005
212-732-0707
Fax: 212-571-6341
Email: jdratel@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Celia Amy Cohen
Kobre & Kim LLP
800 Third Avenue
New York, NY 10022
(212)-488-1238
Fax: (212)-488-1220
Email: celia.cohen@kobrekim.com
ATTORNEY TO BE NOTICED

Michael Sangyun Kim
Kobre & Kim LLP
800 Third Avenue
New York, NY 10022
(212) 586-9151
Fax: (212) 586-9600
Email: michael.kim@kobrekim.com
ATTORNEY TO BE NOTICED

Pending Counts


Disposition
TERRORIST ACTIVITY (CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORIST ORGANIZATION)
(1)


TERRORIST ACTIVITY (18USC2339B: CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORUST ORGANIZATION)
(1s)


TERRORIST ACTIVITY (CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORISTY ORGANIZATION)
(1ss)


TERRORIST ACTIVITY (18USC2339B: PROVISION AND ATTEMPTED PROVISION OF MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORUST ORGANIZATION)
(2s)


TERRORIST ACTIVITY (PROVISION AND ATTEMPTED PROVISION OF MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORISTY ORGANIZATION)
(2ss)


TERRORIST ACTIVITY (CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO TERRORISTS)
(5ss)



Highest Offense Level (Opening)
Felony

Terminated Counts


Disposition
None

Highest Offense Level (Terminated)
None

Complaints


Disposition
18:2339B:CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST ORGANIZATION.


Assigned to: Judge Loretta A. Preska

Defendant
Rafiq Sabir (2)
also known as
"the Doctor," (2)
represented by Edward David Wilford
Edward D. Wilford, Esq.
20 Vesey Street
Suite 400
New York, NY 10007
(212) 528-2741
Fax: (212) 964-2926
Email: edwardwilford@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Khurrum Basir Wahid
Wahid Vizcaino & Maher, LLP(NYC)
122 E. 42nd Street
Suite 1616
New York, NY 10168
(212) 661-5333
Fax: (212) 661-5255
Email: Khurrum@wvmlawfirm.com;Carmen@wvmlawfirm.com
LEAD ATTORNEY
Designation: Retained

Martin R. Stolar
212-219-1919
Fax: 212-941-0980
Email: MRSLAW37@hotmail.com
LEAD ATTORNEY
Designation: Retained

Pending Counts


Disposition
TERRORIST ACTIVITY (CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORIST ORGANIZATION)
(1)


TERRORIST ACTIVITY (18USC2339B: CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORUST ORGANIZATION)
(1s)


TERRORIST ACTIVITY (CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORISTY ORGANIZATION)
(1ss)


TERRORIST ACTIVITY (18USC2339B: PROVISION AND ATTEMPTED PROVISION OF MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORUST ORGANIZATION)
(2s)


TERRORIST ACTIVITY (PROVISION AND ATTEMPTED PROVISION OF MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORISTY ORGANIZATION)
(2ss)



Highest Offense Level (Opening)
Felony

Terminated Counts


Disposition
None

Highest Offense Level (Terminated)
None

Complaints


Disposition
18:2339B:CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO DESIGNATED FOREIGN TERRORIST ORGANIZATION.


Assigned to: Judge Loretta A. Preska

Defendant
Mahmud Faruq Brent (3)
also known as
Mahmud Al Mutazzim (3)
represented by Donald Joseph Yannella, III
Donald Yannella P.C.
7 Dey Street, Suite 803
New York, NY 10007
(212) 226-2883
Fax: (212) 226-2861
Email: yannellaesq@yahoo.com
LEAD ATTORNEY
Designation: CJA Appointment

Hassen Ibn Abdellah
Hassen Ibn Abdellah
747 Westminster Avenue
Elizabeth, NJ 07208
(908) 965-2010
LEAD ATTORNEY
Designation: Retained

Pending Counts


Disposition
TERRORIST ACTIVITY (18USC2339B: CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORUST ORGANIZATION)
(3)


TERRORIST ACTIVITY (CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORISTY ORGANIZATION)
(3s)


TERRORIST ACTIVITY (18USC2339B: PROVISION AND ATTEMPTED PROVISION OF MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORUST ORGANIZATION)
(4)


TERRORIST ACTIVITY (PROVISION AND ATTEMPTED PROVISION OF MATERIAL SUPPORT TO A DESIGNATED FOREIGN TERRORISTY ORGANIZATION)
(4s)



Highest Offense Level (Opening)
Felony

Terminated Counts


Disposition
None

Highest Offense Level (Terminated)
None

Complaints


Disposition
18:2339A.F - Terrorist Activity


Assigned to: Judge Loretta A. Preska

Defendant
Abdulrahman Farhane (4)
also known as
"Abderr Farhan," (4)
represented by Henry J. Steinglass
(212) 406-7700
Fax: 212) 406-7702
Email: hjsteinglasslaw@earthlink.net
LEAD ATTORNEY
Designation: CJA Appointment

Michael Oliver Hueston
Michael Hueston, Attorney at Law
350 5th Avenue, Suite 6110
Empire State Building
New York, NY 10118
212-643-2900
Fax: 212-643-2901
Email: mhueston@nyc.rr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts


Disposition
TERRORIST ACTIVITY (CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO TERRORISTS)
(5)


STATEMENTS OR ENTRIES GENERALLY (FALSE STATEMENTS TO FEDERAL AGENT IN CONNECTION WITH TERRORISM INVESTIGATION)
(6)



Highest Offense Level (Opening)
Felony

Terminated Counts


Disposition
None

Highest Offense Level (Terminated)
None

Complaints


Disposition
18:1001:MAKING MATERIALLY FALSE STATEMENTS TO FEDERAL AUTHORITIES IN TERRORISM INVESTIGATION.



Plaintiff
USA represented by Jennifer Gillum Rodgers
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2513
Fax: (212) 637-0097
Email: Jennifer.Rodgers@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Victor L. Hou
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
212-637-2200
Fax: 212-637-0097
Email: victor.hou@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Karl N Metzner
U.S. Attorney's Office, SDNY (86 Chambers St.)
86 Chambers Street
New York, NY 10007
212-637-2200
Fax: 718-422-1701
Email: karl.metzner@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

09/06/2005   ORAL ORDER as to Tarik Ibn Osman Shah, Rafiq Sabir Time excluded from 9/6/05 until 10/17/05., Discovery is underway and the govt. anticipates needing another 30 days. Next Status Conference set for 10/17/2005 04:00 PM before Judge Loretta A. Preska.. (by Judge Loretta A. Preska on 9/6/05)(pr, ) (Entered: 09/13/2005)
05/27/2005 1 COMPLAINT as to Tarik Ibn Osman Shah (1), Rafiq Sabir (2) in violation of 18 U.S.C. 2339B. (Signed by Judge Henry B. Pitman ) (gq, ) [1:05-mj-00956-UA] (Entered: 05/31/2005)
05/28/2005   Arrest of Tarik Ibn Osman Shah. Waiver of Speedy Presentment. (gq, ) [1:05-mj-00956-UA] (Entered: 05/31/2005)
05/28/2005 4 Arrest Warrant Returned Executed on 5/28/2005 as to Tarik Ibn Osman Shah. (gq, ) [1:05-mj-00956-UA] (Entered: 05/31/2005)
05/31/2005 5 NOTICE OF ATTORNEY APPEARANCE: Erika McDaniel Edwards appearing for Tarik Ibn Osman Shah. (gq, ) [1:05-mj-00956-UA] (Entered: 05/31/2005)
05/31/2005   Minute Entry for proceedings held before Judge Theodore H. Katz :Initial Appearance as to Tarik Ibn Osman Shah held on 5/31/2005. Deft appears with atty Erika Edwards. AUSA Victor Hou present for the gov't. Detention on consent without prejudice. Preliminary Examination set for 6/28/2005 10:00 AM before Judge Unassigned. (gq, ) [1:05-mj-00956-UA] (Entered: 05/31/2005)
06/07/2005 6 Rule 5(c)(3) Documents Received as to Tarik Ibn Osman Shah from the U.S.D.C. District of Maryland. (gq, ) [1:05-mj-00956-UA] (Entered: 06/08/2005)
06/21/2005 7 Rule 5(c)(3) Documents Received as to Rafiq Sabir from the U.S.D.C. Southern District of Florida, W. Palm Beach. (gq, ) [1:05-mj-00956-UA] (Entered: 06/21/2005)
06/27/2005 8 NOTICE OF ATTORNEY APPEARANCE: Martin R. Stolar appearing for Rafiq Sabir. (gq, ) [1:05-mj-00956-UA] (Entered: 06/27/2005)
06/27/2005 9 INDICTMENT FILED as to Tarik Ibn Osman Shah (1) count(s) 1, Rafiq Sabir (2) count(s) 1. (jm, ) (Entered: 06/28/2005)
06/27/2005   Case Designated ECF as to Tarik Ibn Osman Shah, Rafiq Sabir.(jm, ) (Entered: 06/28/2005)
06/27/2005 10 NOTICE OF ATTORNEY APPEARANCE: Khurrum Basir Wahid appearing for Rafiq Sabir. (kwi, ) (Entered: 06/30/2005)
06/28/2005   Minute Entry for proceedings held before Judge Loretta A. Preska :Initial Appearance as to Tarik Ibn Osman Shah, Rafiq Sabir held on 6/28/2005. (jw, ) (Entered: 07/07/2005)
06/28/2005   Minute Entry for proceedings held before Judge Loretta A. Preska :Arraignment as to Tarik Ibn Osman Shah (1) Count 1 and Rafiq Sabir (2) Count 1 held on 6/28/2005. AUSA Victor Hoe present. Defendants present with attys. Defendants plead not guilty to the indictment. Discovery will proceed through the end of August on a rolling basis. Both defendants are in custody. The next court conference is set for September 6, 2005 at 4:00pm. Time is excluded from today until September 6 under the Speedy Trial Act. (jw, ) (Entered: 07/07/2005)
06/28/2005   Minute Entry for proceedings held before Judge Loretta A. Preska : Plea entered by Tarik Ibn Osman Shah (1) Count 1 and Rafiq Sabir (2) Count 1 Not Guilty. (jw, ) (Entered: 07/07/2005)
06/28/2005   Minute Entry for proceedings held before Judge Loretta A. Preska :Pretrial Conference as to Tarik Ibn Osman Shah, Rafiq Sabir held on 6/28/2005, as to Tarik Ibn Osman Shah, Rafiq Sabir; Pretrial Conference set for 9/6/2005 04:00 PM before Judge Loretta A. Preska. (jw, ) (Entered: 07/07/2005)
07/25/2005 11 TRANSCRIPT of Proceedings as to Tarik Ibn Osman Shah, Rafiq Sabir held on 06/28/05 before Judge Loretta A. Preska. (es, ) (Entered: 07/25/2005)
08/03/2005 1 COMPLAINT as to Mahmud Faruq Brent (1). (Signed by Judge Frank Maas ) (kwi, ) [1:05-mj-01388-UA] (Entered: 08/05/2005)
08/04/2005   Arrest of Mahmud Faruq Brent. (kwi, ) [1:05-mj-01388-UA] (Entered: 08/05/2005)
08/04/2005   Minute Entry for proceedings held before Judge Frank Maas :Initial Appearance as to Mahmud Faruq Brent held on 8/4/2005., As to Mahmud Faruq Brent present with CJA Donald Yanella and AUSA Karl Metzner for the government. Detention on consent without prejudice. Preliminary Examination set for 9/6/2005 10:00 AM in Courtroom 5 before Judge Unassigned. (kwi, ) [1:05-mj-01388-UA] (Entered: 08/05/2005)
08/04/2005 4 CJA 20 as to Mahmud Faruq Brent: Appointment of Attorney Donald Joseph Yannella, III for Mahmud Faruq Brent. (Signed by Judge Frank Maas on 8/4/05) The CJA Office has mailed the original to the attorney and sent the copy to the case file.(ph, ) [1:05-mj-01388-UA] (Entered: 08/17/2005)
08/24/2005 12 NOTICE OF ATTORNEY APPEARANCE: Edward David Wilford appearing for Rafiq Sabir. (bw, ) (Entered: 08/31/2005)
09/01/2005 5 NOTICE OF ATTORNEY APPEARANCE: Hassen Ibn Abdellah appearing for Mahmud Faruq Brent. (kwi, ) [1:05-mj-01388-UA] (Entered: 09/01/2005)
09/06/2005   Minute Entry for proceedings held before Judge Loretta A. Preska :Status Conference as to Tarik Ibn Osman Shah, Rafiq Sabir held on 9/6/2005 Deft's present w/attys. & AUSA. Mr. Wilford requests that govt. look into the issue of the defts being able to view CD recordings at MCC. All counsel shall confer and attempt to resolve this issue. Defts ask for spiritual advisors to be permitted to enter MCC to visit defts. Counsel shall discuss this issue with the govt. in an attempt to reach a resolution. (Court Reporter Paula Spear) (pr, ) (Entered: 09/13/2005)
09/06/2005   ORAL ORDER as to Rafiq Sabir Mr. Wilford is appointed to represent Mr. Sabir. ( by Judge Loretta A. Preska on 9/6/05)(pr, ) Modified on 9/13/2005 (pr, ). (Entered: 09/13/2005)
09/06/2005   ORAL ORDER as to Rafiq Sabir Mr. Wilford makes an application for bail on behalf of Mr. Sabir which is apposed by the govt. The application is denied. (by Judge Loretta A. Preska on 9/6/05)(pr, ) (Entered: 09/13/2005)
09/07/2005 6 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Mahmud Faruq Brent. Time excluded from 9/7/05 until 10/6/05. . (Signed by Judge James C. Francis on 9/7/05)(kwi, ) [1:05-mj-01388-UA] (Entered: 09/08/2005)
10/04/2005 7 AFFIRMATION of Karl Metzner in Support by USA as to Mahmud Faruq Brent RE: For request of continuance until 11/7/05.(kwi, ) [1:05-mj-01388-UA] (Entered: 10/07/2005)
10/06/2005   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Mahmud Faruq Brent re: [7] Affirmation in Support filed by USA,. Time excluded from 10/6/05 until 11/7/05. Follows oral order of 10/6/05.. (Signed by Judge Debra C. Freeman on 10/6/05)(kwi, ) [1:05-mj-01388-UA] (Entered: 10/07/2005)
10/12/2005 13 TRANSCRIPT of Proceedings as to Tarik Ibn Osman Shah, Rafiq Sabir held on 9/6/2005 before Judge Loretta A. Preska. (jar, ) (Entered: 10/12/2005)
10/18/2005 14 ENDORSED LETTER as to Tarik Ibn Osman Shah, Rafiq Sabir addressed to Judge Preska from Victor L. Hou, AUSA dated 10/14/05 re: Adjournment of the 10/17/05 conference to 11/30/05 @ 2:30 AM. & exclusion of time under the STA from 10/17/05 until 11/30/05 in the IOJ. So Ordered. Pretrial Conference set for 11/30/2005 02:30 PM before Judge Loretta A. Preska.. (Signed by Judge Loretta A. Preska on 10/17/05)(pr, ) (Entered: 10/20/2005)
10/25/2005 1 COMPLAINT as to Abdulrahman Farhane (1) in violation of 18 U.S.C. 1001 ( signed by Mag. Judge Frank Maas ) (gq, ) [1:05-mj-01797-UA] (Entered: 10/27/2005)
10/26/2005   Attorney update in case as to Abdulrahman Farhane. Attorney Henry J. Steinglass for Abdulrahman Farhane added. (gq, ) [1:05-mj-01797-UA] (Entered: 10/27/2005)
10/26/2005   Arrest of Abdulrahman Farhane. (gq, ) [1:05-mj-01797-UA] (Entered: 10/27/2005)
10/26/2005   Minute Entry for proceedings held before Judge Frank Maas :Initial Appearance as to Abdulrahman Farhane held on 10/26/2005. Deft appears with CJA atty Henry Steinglass. AUSA Victor Hou present for the gov't. Detention. Detention Hearing set for 10/31/2005 11:30 AM before Judge Unassigned. Preliminary Examination set for 11/9/2005 10:00 AM before Judge Unassigned. (gq, ) [1:05-mj-01797-UA] (Entered: 10/27/2005)
10/26/2005 6 CJA 20 as to Abdulrahman Farhane: Appointment of Attorney Henry J. Steinglass for Abdulrahman Farhane.. (Signed by Judge Frank Maas on 10/26/05) CJA office has mailed original to the attorney and has sent a copy to the file.(sao, ) [1:05-mj-01797-UA] (Entered: 11/14/2005)
10/31/2005 4 FILING ERROR - ELECTRONIC FILING FOR NON-ECF CASE - NOTICE OF ATTORNEY APPEARANCE: Michael Oliver Hueston appearing for Abdulrahman Farhane. (Hueston, Michael) Modified on 11/1/2005 (gf, ). [1:05-mj-01797-UA] (Entered: 10/31/2005)
10/31/2005 5 NOTICE OF ATTORNEY APPEARANCE: Michael Oliver Hueston appearing for Abdulrahman Farhane. (kwi, ) [1:05-mj-01797-UA] (Entered: 11/07/2005)
11/01/2005   ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Michael Hueston as to Abdulrahman Farhane: to MANUALLY RE-FILE Document Notice of Attorney Appearance, Document No. 4. This case is not ECF. (gf, ) [1:05-mj-01797-UA] (Entered: 11/01/2005)
11/02/2005   Minute Entry for proceedings held before Judge Theodore H. Katz :Detention Hearing as to Abdulrahman Farhane held on 11/2/2005. Deft appears with atty Michael Hueston. AUSA Victor Hou present for the gov't. $150,000 PRB. 5 FRP. $5,000 cash/property. Travel restricted to SDNY, EDNY. Surrender travel documents (& no new applications). Strict pretrial supervision. Home detention. Electronic monitoring. Deft to be permitted to work in his bookstore - 9 A.M. to 9 P.M. Monitoring at home and at store. Preliminary Hearing set for 11/28/2005. (gq, ) [1:05-mj-01797-UA] (Entered: 11/02/2005)
11/02/2005   Set/Reset Deadlines/Hearings as to Abdulrahman Farhane: Preliminary Examination set for 11/28/2005 10:00 AM before Judge Unassigned.(gq, ) [1:05-mj-01797-UA] (Entered: 11/02/2005)
11/07/2005 15 (S1) SUPERSEDING INDICTMENT FILED as to Tarik Ibn Osman Shah (1) count(s) 1s, 2s, Rafiq Sabir (2) count(s) 1s, 2s, Mahmud Faruq Brent (3) count(s) 3, 4. (jm, ) (Entered: 11/22/2005)
11/07/2005   Case Designated ECF as to Mahmud Faruq Brent.(jm, ) (Entered: 11/22/2005)
11/10/2005 7 PRB APPEARANCE Bond Entered as to Abdulrahman Farhane in amount of $ 150,000 PRB, 5 FRP'S; Secured by $5,000 Cash/Property; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Strict Pretrial Supervision; Home Detention with Electronic Monitoring; Deft to be Permitted to work in his Bookstore; 9 AM to 9 PM; Monitoring at Home and at Store (dif, ) [1:05-mj-01797-UA] (Entered: 11/21/2005)
11/10/2005 8 ADVICE OF PENALTIES AND SANCTIONS as to Abdulrahman Farhane. (dif, ) [1:05-mj-01797-UA] (Entered: 11/21/2005)
11/28/2005 9 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Abdulrahman Farhane. Time excluded from 11/28/2005 until 12/28/2005. . (Signed by Judge Kevin Nathaniel Fox on 11/28/2005)(dif, ) [1:05-mj-01797-UA] (Entered: 11/30/2005)
11/29/2005 16 NOTICE of Notice of Intent to Use FISA Information as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent (Hou, Victor) (Entered: 11/29/2005)
11/30/2005   Minute Entry for proceedings held before Judge Loretta A. Preska :Arraignment as to Tarik Ibn Osman Shah and Rafiq Sabir and Mahmud Faruq Brent held on 11/30/2005. Deft Shah present w/atty Anthony Ricco. Deft Sabir present w/atty Edward Wilford. Deft Brent present w/atty Hassen Ibn Abdellah. AUSA Victor Hou present. All defts arraigned on the S(1) indictment. Defts waive reading of the indictment. All defts plead not guilty. Conference scheduled for 2/17/2006 at 9:30 a.m. Time is excluded from 11/30/2005 until 2/17/2006 under the Speedy Trial Act, in the interest of justice. (jp, ) (Entered: 12/07/2005)
11/30/2005   Minute Entry for proceedings held before Judge Loretta A. Preska : Plea entered by Tarik Ibn Osman Shah (1) Count 1s,2s and Rafiq Sabir (2) Count 1s,2s and Mahmud Faruq Brent (3) Count 3,4 Not Guilty. (jp, ) (Entered: 12/07/2005)
11/30/2005   Set/Reset Hearings as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent: Pretrial Conference set for 2/17/2006 09:30 AM before Judge Loretta A. Preska..(jp, ) (Entered: 12/07/2005)
12/18/2005 17 FIRST MOTION for Protective Order. Document filed by USA as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent. (Attachments: # 1 Exhibit Proposed Protective Order# 2 Exhibit Proposed MOU)(Hou, Victor) (Entered: 12/18/2005)
12/28/2005 10 AFFIRMATION of Victor Hou in Support by USA as to Abdulrahman Farhane RE: For the request of continuance until 1/27/06.(kwi, ) [1:05-mj-01797-UA] (Entered: 12/29/2005)
12/28/2005   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Abdulrahman Farhane re: 10 Affirmation in Support filed by USA,. Time excluded from 12/28/05 until 1/27/06. Follows oral order of 12/28/05.. (Signed by Judge Douglas F. Eaton on 12/28/05)(kwi, ) [1:05-mj-01797-UA] (Entered: 12/29/2005)
01/04/2006 19 ENDORSED LETTER as to Rafiq Sabir addressed to Judge Preska from Edward D. Wilford dated 12/29/05 re: Attend the funeral services scheduled 12/31/05.Request is denied. So Ordered. (Signed by Judge Loretta A. Preska on 12/30/05)(pr, ) (Entered: 01/05/2006)
01/05/2006 18 TRANSCRIPT of Proceedings as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent held on 11/30/2005 before Judge Loretta A. Preska. Court Reporter: Southern District Reporters. (jmi, ) (Entered: 01/05/2006)
01/23/2006 20 PROTECTIVE ORDER as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent. . (Signed by Judge Loretta A. Preska on 1/17/06)(pr, ) (Entered: 01/24/2006)
01/27/2006 11 ORDER as to Abdulrahman Farhane. Ordered that purs to 18 U.S.C. 3006A, that certified interpreter Noureddine Charif will be compensated in accordance with Criminal justice Act as an interpreter in a felony case as of 1/27/06 through 2/13/06 at the rate of $192.00 for a half a day of services and $335.00 for a full day of services. The costs of these services shall not exceed $2,000.00. (Signed by Judge Ronald L. Ellis on 1/27/06)(vb, ) [1:05-mj-01797-UA] (Entered: 01/27/2006)
01/27/2006   ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Abdulrahman Farhane. Time excluded from 1/27/06 until 2/10/06. Follows oral order of 1/27/06.(Signed by Judge Ronald L. Ellis on 1/27/06)(vb, ) [1:05-mj-01797-UA] (Entered: 01/30/2006)
01/27/2006 12 AFFIRMATION of Victor L. Hou in Support of the application for an extension of the order of continuance, filed by USA as to Abdulrahman Farhane. (vb, ) [1:05-mj-01797-UA] (Entered: 01/30/2006)
02/08/2006 21 (S2) SUPERSEDING INDICTMENT FILED as to Tarik Ibn Osman Shah (1) count(s) 1ss, 2ss, 5ss, Rafiq Sabir (2) count(s) 1ss, 2ss, Mahmud Faruq Brent (3) count(s) 3s, 4s, Abdulrahman Farhane (4) count(s) 5, 6. (jm, ) (Entered: 02/09/2006)
02/08/2006   Minute Entry for proceedings held before Judge Loretta A. Preska :Arraignment as to Abdulrahman Farhane (4) Count 5,6 held on 2/8/2006. Deft. pres. w/atty zMichael Heuston & AUSA Victor Hou & NYCPD Detective John White & Brian Murphy FBI. Deft. waives reading of indictment. Pleads not guilty. Bail hearing was previously held before Mag. Judge Katz. The govt seeks detention of the deft. Arraignment to be continued on 2/10/06 @ 12:30 PM. Bail cont'd. (Court Reporter Denise Richards, Arabic translator Fouad Kheir) (pr, ) (Entered: 02/15/2006)
02/08/2006   Minute Entry for proceedings held before Judge Loretta A. Preska : Plea entered by Abdulrahman Farhane (4) Count 5,6 Not Guilty. (pr, ) (Entered: 02/15/2006)
02/08/2006   ORAL ORDER as to Abdulrahman Farhane. Arraignment continued to 2/10/2006 12:30 PM before Judge Loretta A. Preska..(by Judge Loretta A. Preska on 2/8/06)(pr, ) (Entered: 02/15/2006)
02/09/2006   Case Designated ECF as to Abdulrahman Farhane.(jm, ) (Entered: 02/09/2006)
02/10/2006   Minute Entry for proceedings held before Judge Loretta A. Preska :Status Conference as to Abdulrahman Farhane held on 2/10/2006, as to Abdulrahman Farhane; Status Conference set for 2/17/2006 09:30 AM before Judge Loretta A. Preska. Defendant present with his atty Michael Hueston. AUSA present Victor Hou. Bail is denied; defendant is remanded. Next conference scheduled for 2/17/06 at 9:30. Time is excluded from today through 2/17/06 from calculation under the speedy trial act in the interests of justice. (jw, ) (Entered: 02/15/2006)
02/17/2006   Minute Entry for proceedings held before Judge Loretta A. Preska :Status Conference as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane held on 2/17/2006. Deft Shah present w/his atty Anthony Ricco and Erika Edwards; deft Sabir present w/his atty Edward Wilford and Natali Todd; deft Brent present w/his atty Hassen Ibn Abdellah; deft Abdulrahman Farhane. AUSA Karl Metzner for Victor Hou present. Defts Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent arraigned on S(2) Indictment. Reading of Indictment waived, defts all enter a plea of not guilty. Next conference scheduled for 3/17/06 at 9:30 a.m. Time is excluded from today until 3/17/06 under the Speedy Trial Act, in the interest of justice. (bw, ) (Entered: 03/02/2006)
02/17/2006   Minute Entry for proceedings held before Judge Loretta A. Preska :Arraignment as to (S2-05-Cr-673-) Tarik Ibn Osman Shah (1) Count 1ss,2ss,5ss and Mahmud Faruq Brent (3) Count 3s,4s and Rafiq Sabir (2) Count 1ss,2ss held on 2/17/2006. (bw, ) (Entered: 03/02/2006)
02/17/2006   Minute Entry for proceedings held before Judge Loretta A. Preska : Plea entered by Tarik Ibn Osman Shah (1) Count 1ss,2ss,5ss and Mahmud Faruq Brent (3) Count 3s,4s and Rafiq Sabir (2) Count 1ss,2ss --- Not Guilty. (bw, ) (Entered: 03/02/2006)
02/17/2006   ORAL ORDER as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane. Time excluded from 2/17/06 until 3/17/06. Pretrial Conference set for 3/17/2006 09:30 AM before Judge Loretta A. Preska.(bw, ) (Entered: 03/02/2006)
02/28/2006 22 TRANSCRIPT of Proceedings as to Abdulrahman Farhane held on 2/10/06 before Judge Loretta A. Preska. (jbe, ) (Entered: 02/28/2006)
03/12/2006 33 CJA 20 as to Tarik Ibn Osman Shah: Appointment of Attorney Michael Sangyun Kim for Tarik Ibn Osman Shah.. (Signed by Judge Loretta A. Preska on 3/12/06) CJA office mailed original to the attorney and sent a copy to the file.(sao, ) (Entered: 04/24/2006)
03/16/2006 23 TRANSCRIPT of Proceedings as to Abdulrahman Farhane held on 11/2/05 before Judge Theodore H. Katz. (jw, ) (Entered: 03/17/2006)
03/17/2006   Minute Entry for proceedings held before Judge Loretta A. Preska :Status Conference as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane held on 3/17/2006. Dft Tarik Ibn Osman Shah pres w/atty Erika Edwards. Dft Rafiq Sabir pres w/attys Edward Wilford and Natali Todd. Dft Mahmud Faruq Brent pres w/atty Hassen Ibn Abdellah. Dft Abdulrahman Farhane pres w/attys Josh Dratel and Michael Kim. AUSA Victor Hou and Karl Metzner pres. Retained attys Anthony Ricco Erika and Edwards are relieved as counsel for Tarik Shah. Michael Kim is appointed as CJA counsel for Tarik Shah. Interpreter Fouad Kheir (Arabic) pres. Dft's Motions due by 6/30/2006; Govt's Response due by 8/18/2006; dft's Reply due by 9/8/2006. Oral Argument set for 10/30/2006 09:30 AM. Bail application hearing w/respect to dft Rafiq Sabir held. Request for bail is denied. T/E from today until 10/30/06 under the STA, IOJ. (Court Reporter Eve Giniger) (ja, ) (Entered: 03/24/2006)
03/20/2006 24 TRANSCRIPT of Proceedings as to Abdulrahman Farhane held on 02/08/06 before Judge Loretta A. Preska. (es, ) (Entered: 03/20/2006)
03/20/2006 25 TRANSCRIPT of Proceedings as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane held on 2/17/06 before Judge Loretta A. Preska. (mo, ) (Entered: 03/20/2006)
03/22/2006 26 NOTICE OF ATTORNEY APPEARANCE: Michael Sangyun Kim appearing for Tarik Ibn Osman Shah. (Kim, Michael) (Entered: 03/22/2006)
03/22/2006 27 NOTICE OF ATTORNEY APPEARANCE: Celia Amy Cohen appearing for Tarik Ibn Osman Shah. (Cohen, Celia) (Entered: 03/22/2006)
03/30/2006 28 TRANSCRIPT of Proceedings as to Rafiq Sabir held on 3/1706 @ 10:30 AM before Judge Loretta A. Preska. (kco, ) (Entered: 03/30/2006)
04/20/2006 29 EX PARTE ORDER as to Abdulrahman Farhane. ORDERED that pursuant to 18 USC 3006A, that certified interpreter Noureddine Charif will be compensated in accordance with the Criminal Justice Act as an interpreter in a felony case as of the date of this order at the rate of $192.00 for a half day of services, and $355.00 for a full day of services; ORDERED that pursuant to 18 USC 3006A, that deft will be provided with duplication services that will be compensated in accordance with the Crimial Justice Act for the duplication of government disclosures made available to the deft at either JAGG Mangaement and Dupe Coop Copiers; and ORDERED that pursuant to 18 USC 3006A, that deft will be provided with computer (hardware/software) systems services that will be compensated in accordance with the Criminal Justice Act for those disclosures made available by the government to the deft in digital format.. (Signed by Judge Loretta A. Preska on 4/10/06)(jw, ) (Entered: 04/20/2006)
04/20/2006 31 TRANSCRIPT of Proceedings as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane held on 3/17/2006 @ 10:00 a.m. before Judge Loretta A. Preska. (lb, ) (Entered: 04/20/2006)
04/20/2006 32 TRANSCRIPT of Proceedings as to Rafiq Sabir held on 3/17/2006 @ 10:30 a.m. before Judge Loretta A. Preska. (lb, ) (Entered: 04/20/2006)
04/26/2006 34 MEMO ENDORSEMENT as to Tarik Ibn Osman Shah on 'Request To Withdraw As Counsel' filed by Attorneys Michael S. Kim / Celia A. Cohen (signed), dated 4/17/06. Judge Endorsed - The government, defendant Shah and his present counsel and Mr. Dratel shall appear for a conference regarding the above request on May 2, 2006 at 12:30pm in courtroom 12A. (Signed by Judge Loretta A. Preska on 4/26/06)(bw, ) (Entered: 04/26/2006)
04/26/2006   Set/Reset Hearings as to Tarik Ibn Osman Shah: Status Conference set for 5/2/2006 12:30 PM before Judge Loretta A. Preska.(bw, ) (Entered: 04/26/2006)
05/04/2006   Minute Entry for proceedings held before Judge Loretta A. Preska :Change of Counsel Conference as to Tarik Ibn Osman Shah held on 5/4/2006. Deft present with his atty Michael Kim. AUSA Victor Hou present. Joshua Dratel also present. Michael Kim is relieved as counsel for Tarik Shah and Joshua Dratel is now retained counsel for Tarik Shah. (jw, ) (Entered: 05/05/2006)
06/16/2006 38 TRANSCRIPT of Proceedings as to Tarik Ibn Osman Shah held on 5/4/06 before Judge Loretta A. Preska. (tro, ) (Entered: 06/16/2006)
06/20/2006 39 JOINT MOTION removal from Special housing unit. Document filed by Rafiq Sabir. (Wilford, Edward) (Entered: 06/20/2006)
06/29/2006 40 ENDORSED LETTER as to Abdulrahman Farhane, addressed to Judge Preska, from Michael Oliver Hueston, Atty for dft, dated 6/27/06, re: request a 4-week extension of the present pretrial motion schedule from 6/30/06 to 7/28/06.... and it is my understanding that time under the STA has already been excluded for motion practice. -- Judge endorsed: and is excluded to July 28 in the IOJ. SO ORDERED. Motions due by 7/28/2006. (Signed by Judge Loretta A. Preska on 6/28/06)(ja, ) (Entered: 06/30/2006)
06/29/2006 41 ENDORSED LETTER as to Tarik Ibn Osman Shah, addressed to Judge Preska, from Joshua L. Dratel, Atty for dft, dated 6/27/06, re: requests a twelve-day extension, from 6/30/06, to 7/12/06, to file dft Shah's pretrial motions. -- Judge endorsed: In addition, finding that Mr. Shah's interest in making motions outweighs his and the public's right to a speedy trial time is excluded from calculation under the STA to 7/12/06 in the IOJ. SO ORDERED. Motions due by 7/12/2006. (Signed by Judge Loretta A. Preska on 6/28/06)(ja, ) (Entered: 06/30/2006)
06/29/2006 42 ENDORSED LETTER as to Mahmud Faruq Brent, addressed to Judge Preska, from Hassen Ibn Abdellah, Atty for dft, dated 6/27/06, re: request of the various other co-counsel for an extension of time to file motions from 6/30/06 to 7/12/06. -- Judge endorsed: In addition, finding that Mr. Al Mutazzim's interest in making motions outweigh his and the public's right to a speedy trial, time until 7/12 is excluded from calculation under the STA in the IOJ. SO ORDERED. Motions due by 7/12/2006. (Signed by Judge Loretta A. Preska on 6/28/06)(ja, ) (Entered: 06/30/2006)
07/10/2006 43 NOTICE OF ATTORNEY APPEARANCE Jennifer Gillum Rodgers appearing for USA. (Rodgers, Jennifer) (Entered: 07/10/2006)
07/11/2006 44 NOTICE OF ATTORNEY APPEARANCE Karl N Metzner appearing for USA. (Metzner, Karl) (Entered: 07/11/2006)
07/12/2006 45 MOTION Suppression, Dismissal, Discovery. Document filed by Tarik Ibn Osman Shah. (Attachments: # 1 Affidavit # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 6# 5 Exhibit 7# 6 Exhibit 8# 7 Exhibit 9# 8 Exhibit 10# 9 Exhibit 11# 10 Exhibit Index)(Dratel, Joshua) (Entered: 07/12/2006)
07/12/2006 46 FIRST MEMORANDUM OF LAW in Support by Tarik Ibn Osman Shah re: 45 MOTION Suppression, Dismissal, Discovery. filed by Tarik Ibn Osman Shah,. (Attachments: # 1 # 2)(Dratel, Joshua) (Entered: 07/12/2006)
07/13/2006 47 SECOND MEMORANDUM OF LAW in Support by Tarik Ibn Osman Shah re: 46 Memorandum of Law in Support filed by Tarik Ibn Osman Shah,, 45 MOTION Suppression, Dismissal, Discovery. filed by Tarik Ibn Osman Shah,. (Attachments: # 1 # 2 # 3)(Dratel, Joshua) (Entered: 07/13/2006)
07/13/2006 48 ENDORSED LETTER as to Tarik Ibn Osman Shah, addressed to Judge Preska, from Joshua L. Dratel, Atty for dft, dated 7/10/06, re: request permission to file a memorandum of law greater than 20 pages and, to file hard copies of the annexed exhibits for one of the aforementioned motions. -- Judge endorsed: SO ORDERED. (Signed by Judge Loretta A. Preska on 7/11/06)(ja, ) (Entered: 07/13/2006)
07/13/2006 49 MOTION dismissal of indictment;disciovery; suppression of evidence. Document filed by Mahmud Faruq Brent. (Wilford, Edward) (Entered: 07/13/2006)
07/14/2006 51 ENDORSED LETTER as to Tarik Ibn Osman Shah addressed to Judge Preska from Joshua L. Dratel dated 7/13/06 re: To file these Exhibits under seal, and in hard-copy form only, without a CD-ROM. Judge Memo-endorsed...SO ORDERED. (Signed by Judge Loretta A. Preska on 7/14/06)(jw, ) (Entered: 07/17/2006)
07/17/2006 52 MOTION to Dismiss Suppress statements, suppress physical evidence, Disclose evidence, Disclose 404(b) evidence, join motions of co-defendants. Document filed by Rafiq Sabir. (Wilford, Edward) (Entered: 07/17/2006)
07/21/2006 53 TRANSCRIPT of Proceedings as to Tarik Ibn Osman Shah held on 5/25/2006 at 4:00 p.m. before Judge John E. Sprizzo. (aba, ) (Entered: 07/21/2006)
07/31/2006 54 ENDORSED LETTER as to Abdulrahman Farhane, addressed to Judge Preska, from Michael Hueston, Atty for dft, dated 7/19/06, re: request a three-week extension of the present pretrial motion schedule from 7/28/06 to 8/18/06 for dft.... Time under the STA has already been excluded for motion practice and the gov't consents to this request. -- Judge endorsed: SO ORDERED. Motions due by 8/18/2006. (Signed by Judge Loretta A. Preska on 7/28/06)(ja, ) (Entered: 07/31/2006)
08/18/2006 55 RESPONSE in Opposition by USA as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane re 52 MOTION to Dismiss Suppress statements, suppress physical evidence, Disclose evidence, Disclose 404(b) evidence, join motions of co-defendants., 45 MOTION Suppression, Dismissal, Discovery.. Notice of Ex Parte Filing Re Motion for Disclosure of Electronic Surveillance (Metzner, Karl) (Entered: 08/18/2006)
08/21/2006 56 ENDORSED LETTER as to Abdulrahman Farhane addressed to Judge Preska from Attorney Michael Oliver Hueston dated 8/17/06 re: submitted to request a two-week extension of the present pretrial motion schedule from 8/18/06 to 9/1/06 for deft to serve his pretrial motions. Judge So Ordered. (Signed by Judge Loretta A. Preska on 8/18/06)(bw, ) (Entered: 08/22/2006)
08/21/2006   Set/Reset Deadlines/Hearings as to Abdulrahman Farhane: Motions due by 9/1/2006.(bw, ) (Entered: 08/22/2006)
08/24/2006 57 ORDER denying 45 Motion Motion to compel govt. disclosure of warrantless and or illegal electronic or other surveillance as to Tarik Ibn Osman Shah (1); denying 52 Motion to Dismiss as to Rafiq Sabir (2). Ordered that deft's Motion to compel govt disclosure related to the defts and others is DENIED. . (Signed by Judge Loretta A. Preska on 8/24/06) (pr, ) (Entered: 08/25/2006)
08/24/2006 58 GOVT'S EX PARTE, IN CAMERA CLASSIFIED MEMORANDUM by USA as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane. (pr, ) (Entered: 08/25/2006)
08/24/2006 59 ORDER DENYING DEFT'S JOINT MOTION TO COMPEL GOVT. DISCLOSURE OF WARRANTLESS AND OR ELECTRONIC OR OTHER SURVILLANCE (REDACTED) as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane. .(pr, ) (Entered: 08/25/2006)
09/01/2006 60 FIRST MOTION to Dismiss. Document filed by Abdulrahman Farhane. (Hueston, Michael) (Entered: 09/01/2006)
09/01/2006 61 DECLARATION of Michael Hueston in Support as to Abdulrahman Farhane re: 60 FIRST MOTION to Dismiss.. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Hueston, Michael) (Entered: 09/01/2006)
09/01/2006 62 MEMORANDUM in Support by Abdulrahman Farhane re 60 FIRST MOTION to Dismiss.. (Hueston, Michael) (Entered: 09/01/2006)
09/07/2006 63 ORDER as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane. 1. Govt. time to respond to defts' pretrial motions is extended to 9/8/06, except as indicated 2. Govt. time to respond to the motions of Farhane, to the FISA-related motions of Shah, an Al Mutazzim's motions aside from severance is extended to 9/29/06; 3. replies, if any to the above shall be werved 1 week after the govt's response date; 4.suppression hearing with respect to Shah's motion to suppress statements he mad on May 28 and May 29, 2005 shall be held on 9/25/06 @ 10am. To the extent an individual atty cannot become available (or arrange for co-counsel to be available) on that date, counsel shall confer and propose alternative dates to the court's deputy clerk. So Ordered (Signed by Judge Loretta A. Preska on 9/6/06)=(pr, ) (Entered: 09/08/2006)
09/07/2006   Set/Reset Hearings as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane: Suppression Hearing with respect to Shah's motion set for 9/25/2006 10:00 AM before Judge Loretta A. Preska..(pr, ) (Entered: 09/08/2006)
09/08/2006 64 MEMORANDUM in Opposition by USA as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane re 39 JOINT MOTION removal from Special housing unit.. (Rodgers, Jennifer) (Entered: 09/08/2006)
09/08/2006 65 DECLARATION of Johnson in Support by USA as to Tarik Ibn Osman Shah (Attachments: # 1 Exhibit Exhibit1# 2 Exhibit Exhibit2# 3 Exhibit Exhibit3# 4 Exhibit Exhibit4# 5 Exhibit exhibit5# 6 Exhibit exhibit6# 7 Exhibit exhibit7# 8 Exhibit exhibit8# 9 Exhibit exhibit9# 10 Exhibit exhibit10# 11 Exhibit exhibit11# 12 Exhibit exhibit12# 13 Exhibit exhibit13)(Rodgers, Jennifer) (Entered: 09/08/2006)
09/11/2006 66 ENDORSED LETTER as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane addressed to Judge Preska, from Karl Metzner/Jennifer G. Rodgers, AUSAs, dated 9/8/06, re: request two days to 9/12/06 to file the bulk of the Govt's response to dfts' pretrial motions.... -- Judge endorsed: SO ORDERED. Response due by 9/12/2006. (Signed by Judge Loretta A. Preska on 9/8/06)(ja, ) (Entered: 09/11/2006)
09/12/2006 67 MEMORANDUM in Opposition by USA as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane re 60 FIRST MOTION to Dismiss., 52 MOTION to Dismiss Suppress statements, suppress physical evidence, Disclose evidence, Disclose 404(b) evidence, join motions of co-defendants., 45 MOTION Suppression, Dismissal, Discovery., 49 MOTION dismissal of indictment;disciovery; suppression of evidence.. (Rodgers, Jennifer) (Entered: 09/12/2006)
09/12/2006 68 FIRST MOTION to Dismiss (Corrected). Document filed by Abdulrahman Farhane. (Hueston, Michael) (Entered: 09/12/2006)
09/12/2006 69 DECLARATION of Michael Hueston (Corrected) in Support as to Abdulrahman Farhane re: 68 FIRST MOTION to Dismiss (Corrected).. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Hueston, Michael) (Entered: 09/12/2006)
09/12/2006 70 MEMORANDUM in Support by Abdulrahman Farhane re 68 FIRST MOTION to Dismiss (Corrected).. (Corrected) (Hueston, Michael) (Entered: 09/12/2006)
09/21/2006 71 MOTION to Suppress. Document filed by Mahmud Faruq Brent. Return Date set for 10/30/2006 09:00 AM. (Wilford, Edward) (Entered: 09/21/2006)
09/25/2006 72 ENDORSED LETTER as to Tarik Ibn Osman Shah addressed to Judge Preska from Joshua L. Dratel dated 9/14/06 re: Permission to file his reply to the govt's opposition to Mr. Shah's pretrial motions on 10/11/06. Permit Mr. Shah to file his reply to the govt's opposition filed on 9/8/06 to deft's Sabir's motion to release all foru co-defts from the Special Housing Unite of the MCC on 10/11/06, in tandem with the other reply papers Mr Shah requests permission to file on that date. Suppression hearing is adjourned to 11/13/06 @ 11am..Granted So Ordered (Signed by Judge Loretta A. Preska on 9/22/06)(pr, ) (Entered: 09/25/2006)
09/25/2006   Set/Reset Hearings as to Tarik Ibn Osman Shah: Suppression Hearing set for 11/13/2006 11:00 AM before Judge Loretta A. Preska..(pr, ) (Entered: 09/25/2006)
09/29/2006 73 RESPONSE to Motion by USA as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane re 52 MOTION to Dismiss Suppress statements, suppress physical evidence, Disclose evidence, Disclose 404(b) evidence, join motions of co-defendants., 45 MOTION Suppression, Dismissal, Discovery., 68 FIRST MOTION to Dismiss (Corrected).. Notice of Filings In Response to Motion to Suppress FISA-Derived Evidence (Metzner, Karl) (Entered: 09/29/2006)
09/29/2006 74 DECLARATION of Attorney General Alberto R. Gonzales in Opposition by USA as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane re: 52 MOTION to Dismiss Suppress statements, suppress physical evidence, Disclose evidence, Disclose 404(b) evidence, join motions of co-defendants., 45 MOTION Suppression, Dismissal, Discovery., 68 FIRST MOTION to Dismiss (Corrected).. (Metzner, Karl) (Entered: 09/29/2006)
09/29/2006 75 MEMORANDUM in Opposition by USA as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane re 52 MOTION to Dismiss Suppress statements, suppress physical evidence, Disclose evidence, Disclose 404(b) evidence, join motions of co-defendants., 45 MOTION Suppression, Dismissal, Discovery., 68 FIRST MOTION to Dismiss (Corrected).. Unclassified Memorandum In Opposition To Motions To Suppress FISA-Derived Evidence (Metzner, Karl) (Entered: 09/29/2006)
09/29/2006 76 MEMORANDUM in Opposition by USA as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane re 68 FIRST MOTION to Dismiss (Corrected)., 71 MOTION to Suppress.. (Rodgers, Jennifer) (Entered: 09/29/2006)
10/13/2006 77
ENDORSED LETTER as to Tarik Ibn Osman Shah addressed to Judge Preska from Joshua L. Dratel dated 10/11/06 re: Mr. Shah requests an additional 2 days to file his reply papers to the govt's motion in opposition to Mr. Shah's omnibus pretrial motions. Mr. Wilford, counsel for co-deft Dr. Rafiq Sabir, joins in this request.So Ordered (Signed by Judge Loretta A. Preska on 10/12/06)(pr, ) (Entered: 10/13/2006)
10/13/2006 78
REPLY MEMORANDUM OF LAW in Support as to Tarik Ibn Osman Shah re: 45 MOTION Suppression, Dismissal, Discovery. Motion for Reconsideration re: NSA. (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3 - 6# 5 Exhibit 7 - 14# 6 Exhibit 15 - 25# 7 Exhibit 26 - 31)(Dratel, Joshua) (Entered: 10/13/2006)
10/13/2006 79
REPLY MEMORANDUM OF LAW in Support as to Tarik Ibn Osman Shah re: 45 MOTION Suppression, Dismissal, Discovery.. (Attachments: # 1 Exhibit 1)(Dratel, Joshua) (Entered: 10/13/2006)
10/20/2006 80
MEMORANDUM in Opposition by USA as to Tarik Ibn Osman Shah re 45 MOTION Suppression, Dismissal, Discovery.. Opposition to Motion for Reconsideration of 8/24/06 Order (Metzner, Karl) (Entered: 10/20/2006)
10/23/2006 81
REPLY AFFIDAVIT of Edward Wilford in Support as to Rafiq Sabir re: 52 MOTION to Dismiss Suppress statements, suppress physical evidence, Disclose evidence, Disclose 404(b) evidence, join motions of co-defendants.. (Wilford, Edward) (Entered: 10/23/2006)
10/27/2006 82
MEMO ENDORSEMENT as to Tarik Ibn Osman Shah, RE: Mr. Shah's motion to compel disclosure of warrantless and or illegal electronic or other surveillance will not be argued on 10/30/06 pending the Crt's in camera review of the classified documents relevant to that motion. The Gov't shall make arrangements to provide such material to the Court promptly. Mr. Shah's motion to reconsider the 8/24/06 order will be resolved after the Crt's review of the classified documents. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/27/06)(ja, ) (Entered: 10/27/2006)
10/30/2006
Minute Entry for proceedings held before Judge Loretta A. Preska :Oral Argument as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane held on 10/30/2006. Deft Shah present with his atty Joshua Dratel; deft Sabir present with his atty Edward Wilford and Natali Todd; Deft Brent present with his atty Hassen Ibn Abdellah; deft Abdulrahman Farhane. AUSA Jennifer Rodgers and Karl Metzner present. Argument on the Special Housing issue will be held on 12/7/2006 at 9:00am. The motion for serverance is denied. The decision on the motion for the sufficiency of the indictment is reserved; deft Brent's motion to suppress is denied. The motion to dismiss the indictment on the argument of entrapment of outrageous conduct is denied. Trial scheduled for 4/23/2007 with a back-up date of 6/4/2007. Time is excluded from today until 4/23/2007 under the speedy trial act, in the interest of justice. (jar, ) (Entered: 11/01/2006)
10/30/2006

ORAL ORDER as to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane Time excluded from 10/30/2006 until 4/23/2007. As to Tarik Ibn Osman Shah, Rafiq Sabir, Mahmud Faruq Brent, Abdulrahman Farhane Ready for Trial by 4/23/2007. Oral Argument set for 12/7/2006 09:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 10/30/2006)(jar, ) (Entered: 11/01/2006)
11/01/2006
83
NOTICE OF ATTORNEY APPEARANCE: Natali J.H. Todd appearing for Rafiq Sabir. (Todd, Natali) (Entered: 11/01/2006)