TERMINATED

U.S. District Court District of Oregon (Eugene) CRIMINAL DOCKET FOR CASE #: 6:06cr60071AA1
Case title: USA v. Tankersley Date Filed: 07/20/2006 Date Terminated: 08/29/2007

Assigned to: Chief Judge Ann L. Aiken Referred to: Magistrate Judge Thomas M. Coffin Appeals court case number: '0730334' 'Ninth Circuit' Defendant (1) Kendall Tankersley TERMINATED: 08/29/2007 also known as Sarah Kendall Harvey TERMINATED: 08/29/2007 also known as Kendall TERMINATED: 08/29/2007 represented by Gail K. Johnson Johnson &Brennan 1401 Walnut Street Suite 210 Boulder , CO 80302 720) 9613301 Fax: (866) 3408286 Email: gjohnson@johnsonbrennan.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Lee D. Foreman Haddon, Morgan, Mueller, Jordan, Mackey &Foreman, P.C. 150 E. 10th Avenue Denver , CO 80203 (303) 8317364 Fax: (303) 8321015 Email: ldforeman@hmflaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Shaun S. McCrea McCrea, PC 1147 High Street Eugene , OR 97401 (541) 4851182 Fax: (541) 4856847 Email: smccrea@callatg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Rosalind M. Lee Middleton &Lee, PC 245 East 4th Avenue Eugene , OR 97401 (541) 6832506 Fax: (541) 6833149 Email: rlee@middletonlee.net ATTORNEY TO BE NOTICED

Pending Counts 18:371 CONSPIRACY TO COMMITT ARSON AND DESTRUCTION OF ENERGY FACILITY (1)

Disposition SENTENCE DATE: 8/3/07; IMPRISONMENT: 41 months; SUPERVISED RELEASE: 3 years; RESTITUTION: $100,000 payable to U.S.F.I. Holdings and $883,615.99 payable Zurich American Insurance Co. total amount $983,615.99; SUPERVISED RELEASE: 3 years; SPECIAL ASSESSMENT: $300.00. Judge Aiken SENTENCE DATE: 8/3/07; IMPRISONMENT: 41 months; SUPERVISED RELEASE: 3 years; RESTITUTION: $100,000 payable to U.S.F.I. Holdings and $883,615.99 payable Zurich American Insurance Co. total amount $983,615.99; SUPERVISED RELEASE: 3 years; SPECIAL ASSESSMENT: $300.00. Judge Aiken SENTENCE DATE: 8/3/07; IMPRISONMENT: 41 months; SUPERVISED RELEASE: 3 years; RESTITUTION: $100,000 payable to U.S.F.I. Holdings and $883,615.99 payable Zurich American Insurance Co. total amount $983,615.99; SUPERVISED RELEASE: 3 years; SPECIAL ASSESSMENT: $300.00. Judge Aiken

18:844(i) and 2 ATTEMPTED ARSON US FOREST INDUSTRIES (2)

18:844(i) and 2 ARSON US FOREST INDUSTRIES (3)

Highest Offense Level (Opening) Felony Terminated Counts None Highest Offense Level (Terminated) None Complaints None Disposition Disposition

Interested Party Daniel Gerard McGowan TERMINATED: 08/22/2006 represented by Amanda E Lee Schroeter, Goldmark &Bender 810 Third Avenue Suite 500 Seattle , WA 98104 (206) 6228000 Fax: (206) 6822305 Email: lee@sgblaw.com TERMINATED: 08/22/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Jeffery P. Robinson Schroeter, Goldmark &Bender 810 Third Avenue Suite 500 Seattle , WA 98104

(206) 6228000 Fax: (206) 6822305 Email: robinson@sgblaw.com TERMINATED: 08/22/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Kelly R. Beckley Beckley Law Firm P.O. Box 11098 Eugene , OR 974403298 (541) 6830888 Fax: (541) 6830889 Email: kbeckley@beckleylaw.com TERMINATED: 08/22/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Plaintiff USA represented by Kirk A. Engdall United States Attorney's Office 405 E. Eighth Avenue Suite 2400 Eugene , OR 97401 (541) 4656946 Fax: (541) 4656582 Email: kirk.engdall@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED John C. Ray United States Attorney's Office 405 E. Eighth Avenue Suite 2400 Eugene , OR 97401 (541)4656741 Fax: (541)4656840 Email: john.ray@usdoj.gov ATTORNEY TO BE NOTICED Date Filed 07/20/2006 07/20/2006 07/20/2006 07/20/2006 # Docket Text 1 Information as to Kendall Tankersley (1) count(s) 1, 2, 3 (sln, ) (Entered: 07/20/2006) 2 Waiver of Indictment by Kendall Tankersley (sln, ) (Entered: 07/20/2006) 3 Notice of Case Assignment to Judge Ann Aiken. (sln, ) (Entered: 07/20/2006) 4 Minutes of Proceedings:First Appearance, Arraignment and Plea Hearing before Judge Ann L. Aiken as to Defendant Kendall Tankersley held on 7/20/2006. Defendant advised of rights and charges. Arraignment held on Counts 1,2, and 3 of the information. Waiver of indictment filed. Oath administered. Guilty pleas entered as to counts 1, 2, and 3 of the information. Order referring the defendant to the Probation Office for presentence investigation. Sentencing is set for 12/14/2006 at 09:00AM in Eugene before Judge Ann L. Aiken. Ordered defendant continued on previous release conditions. Ordered plea petition, plea agreement, attachment, and transcript sealed until further

order of the court. Counsel Present for Plaintiff: Kirk Engdall, Stephen Peifer.Counsel Present for Defendant: Lee Foreman, Shaun McCrea.(Court Reporter Kristi Anderson) (lae, ) (Entered: 07/20/2006) 07/20/2006 08/02/2006 5 Plea Petition as to Kendall Tankersley signed by Judge Ann L. Aiken (sln, ) (Entered: 07/20/2006) 6 Motion to Unseal Transcript of Hearing, Plea Agreement and related documents filed by Daniel Gerard McGowan as to Kendall Tankersley. (sln, ) (Entered: 08/02/2006) 7 Declaration by Amanda Lee regarding Motion to Unseal 6 filed by Interested Party Daniel Gerard McGowan (sln, ) (Entered: 08/02/2006) 8 Certificate of Service by Daniel Gerard McGowan as to Kendall Tankersley regarding Declaration 7 , Motion to Unseal 6 (sln, ) (Entered: 08/02/2006) 9 Scheduling Order as to Kendall Tankersley: Oral Argument is set on Defendant McGowan's Motion to Unseal Transcript of Hearing, Plea Agreement and Related Documents 6 for 8/22/2006 at 09:30AM in Eugene before Judge Ann L. Aiken. Any response to the motion shall be filed by 8/18/06. by Judge Ann L. Aiken (lae) (Entered: 08/10/2006) 10 Response to Motion by Kendall Tankersley regarding Motion to Unseal Document 6 filed by Interested Party Daniel Gerard McGowan (sln) (Entered: 08/15/2006) 11 Minutes of Proceedings:Motion Hearing before Judge Ann L. Aiken as to Kendall Tankersley held on 8/22/2006: Motion [#6] to unseal is granted pursuant to terms set forth on the record.Counsel Present for Plaintiff: John Ray, Stephen Peifer.Counsel Present for Defendant: Peter Gorn.(Court Reporter Kristi Anderson) (cw) (Entered: 08/22/2006) 12 Protective Order limiting review of discovery documents to counsel and defendants in the presence of counsel. by Judge Ann L. Aiken signed on 9/8/06. (sln) (Entered: 09/08/2006) 13 Redacted Plea Petition as to Kendall Tankersley signed by Judge Ann L. Aiken (sln) (Entered: 09/08/2006) 14 Scheduling Order as to Kendall Tankersley: Status Conference is set for 12/14/2006 at 09:00AM in Eugene before Judge Ann L. Aiken. Defendant's presence is waived for the status conference. Ordered sentencing set 12/14/06 is vacated. by Judge Ann L. Aiken (lae) (Entered: 11/06/2006) 15 Scheduling Order as to Kendall Tankersley: Status Conference is reset from 9:00AM to 9:45AM on 12/14/2006 in Eugene before Judge Ann L. Aiken. by Judge Ann L. Aiken (lae) (Entered: 12/04/2006) 16 Minutes of Proceedings:Status Conference before Judge Ann L. Aiken as to Kendall Tankersley. Estimated 1/2 day sentencing is set for 4/20/2007 at 09:00AM in Eugene before Judge Ann L. Aiken. Status Conference is set for 3/2/2007 at 10:00AM in Eugene before Judge Ann L. Aiken. Counsel to argue issue of terrorism enhancement at sentencing of defendant Meyerhoff on 4/10/07 at 9:00AM in Eugene before Judge Ann Aiken.Counsel Present for Plaintiff: Kirk Engdall.Counsel Present for Defendant: Shaun McCrea.(Court Reporter Deb Wilhelm) (lae) (Entered: 12/14/2006) 17 Minutes of Proceedings:Status Conference before Judge Ann L. Aiken as to Kendall Tankersley. Oral Argument on terrorism enhancement is set for 5/15/2007 at 10:00AM in Eugene before Judge Ann L. Aiken. Defendant's presence is waived for the 5/15/07 hearing. Filings regarding terrorism enhancement to be submitted by 5/4/07. Enhancement and sentencing memos may be filed separately with confidential information filed under seal. The government's sentencing

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memo may be filed conventionally. Sentencing is reset from 4/20/07 to 5/31/2007 at 01:00PM in Eugene before Judge Ann L. Aiken.Counsel Present for Plaintiff: Kirk Engdall.Counsel Present for Defendant: Rosiland MansonLee.(Court Reporter Kristi Anderson) (lae) (Entered: 03/02/2007) 04/19/2007 05/04/2007 18 Sentencing Memorandum by Kendall Tankersley (Statement of Position) (McCrea, Shaun) (Entered: 04/19/2007) 19 Sentencing Memorandum filed by USA as to Kendall Tankersley (Attachments: # 1 Table of Contents# 2 Table of Authorities# 3 Pages 15# 4 Pages 67# 5 Pages 89# 6 Pages 1011# 7 Pages 1214# 8 Pages 1517# 9 Pages 1819# 10 Pages 2022# 11 Pages 2325# 12 Pages 2628# 13 Pages 2931# 14 Pages 3233# 15 Pages 3435# 16 Pages 3637# 17 Pages 3839# 18 Pages 4041# 19 Pages 4243# 20 Pages 4445# 21 Pages 4650# 22 Pages 5175# 23 Pages 76100# 24 Pages 101125# 25 Pages 126150) (lae) (Entered: 05/04/2007) 20 Motion for Joinder with McGowan Arguments by Kendall Tankersley. (McCrea, Shaun) (Entered: 05/11/2007) 21 Minutes of Proceedings:Oral Argument held 5/15/07 on Terrorism Enhancement Sentencing Guideline before Judge Ann L. Aiken as to Kendall Tankersley and other defendants. Evidence adduced. Ordered Defendant Meyerhoff's Request for Judicial Notice ( 33 in 0660078 and 21 in 0660122) taken under advisement. Witness for defendant Meyerhoff: Zelda Ziegler. Defendant Meyerhoff's exhibits: #101 curriculum vitae for Zelda Ziegler and #102 Ziegler's study received by the court (attached to original minute order in court's file in CR 0660078).Counsel Present for Plaintiff: Stephen Peifer, Kirk Engdall, John Ray.Counsel Present for Defendant: Shaun McCrea, Lee Foreman.(Court Reporter Kristi Anderson) (lae) (Entered: 05/16/2007) 22 Order as to Kendall Tankersley : The court's minute order 21 , dated 5/15/07, is amended to add: The issue of the terrorism enhancement is taken under advisement. by Judge Ann L. Aiken (lae) (Entered: 05/16/2007) 23 Opinion as to Kendall Tankersley : The court finds that the terrorism enhancement under 3A1.4 may apply to defendants' convictions for conspiracy under 18 USC 371 if the government establishes that defendants' participation in the conspiracy involved or was intended to promote a "federal crime of terrorism." Further, the court finds that a "federal crime of terrorism" does not require that the offense create a substantial risk of injury or transcend national boundaries. The court also finds that the increase in criminal history category under 3A1.4 does not violate defendants' Sixth Amendment rights. Finally, the government must establish the applicability of the terrorism enhancement by clear and convincing evidence. by Judge Ann L. Aiken signed on 5/21/07. (lae) (Entered: 05/21/2007) 24 Minutes of Proceedings:Sentencing Hearing before Judge Ann L. Aiken as to Defendant Kendall Tankersley. Evidence adduced. See Formal Judgment. Defendant advised of right to appeal.Counsel Present for Plaintiff: John Ray, Kirk Engdall, Stephen Peifer.Counsel Present for Defendant: Lee Foreman, Rosiland Lee. Government witnesses: Jerry Bramwell, Gregory Scott Harvey. Government Exhibits (all received and attached to court's original minute order): 118 photographs; 19 DVD of Cascadia Alive. Appearing for defendant: Patricia Siering, Jacob Varkey, Elizabeth Land. Defendant Exhibit 101 (received and attached to court's original minute order): Varkey's letter.(Court Reporter Kristi Anderson) (lae) (Entered: 06/01/2007) 25 Motion to Amend/Correct sentence or in the alternative to Reopen the Sentencing Hearing oral argument requested by Kendall Tankersley. (McCrea, Shaun) (Entered: 06/07/2007)

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26 Amended Motion to Amend/Correct Sentence or in the Alternative to Reopen the Sentencing Hearing Oral Argument requested by Kendall Tankersley. (McCrea, Shaun) (Entered: 06/07/2007) 27 Notice of Appeal by Kendall Tankersley (McCrea, Shaun) (Entered: 06/07/2007) 28 Transcript of Proceedings (Excerpt) as to Kendall Tankersley for the hearing held on 5/31/07 before Judge Ann Aiken. Court Reporter: Kristi Anderson. (sln) (Entered: 06/07/2007) 29 Response to Motion by USA as to Kendall Tankersley regarding Motion to Amend/Correct 25 filed by Defendant Kendall Tankersley, Motion to Amend/Correct 26 filed by Defendant Kendall Tankersley (Ray, John) (Entered: 06/27/2007) 30 Scheduling Order as to Kendall Tankersley: Oral Argument on Defendant's Amended Motion to Correct Sentence or in the Alternative to Reopen the Sentencing Hearing 26 is set for 7/26/2007 at 01:30PM in Eugene before Judge Ann L. Aiken. by Judge Ann L. Aiken (lae) (Entered: 06/28/2007) 31 Scheduling Order as to Kendall Tankersley : Oral Argument on Defendant's Amended Motion to Correct Sentence or in the Alternative to Reopen the Sentencing Hearing 26 is reset at defendant's request from 7/26/07 to 8/3/2007 at 01:30PM in Eugene before Judge Ann L. Aiken. by Judge Ann L. Aiken (lae) (Entered: 07/10/2007) 32 Reply to Response to Motion by Kendall Tankersley regarding Amended Motion to Amend/Correct Sentence or in the Alternative to Reopen the Sentencing Hearing 26 (Lee, Rosalind) (Entered: 07/12/2007) 33 Second Memorandum in Support of Motion by Kendall Tankersley regarding Amended Motion to Amend/Correct Sentence or in the Alternative to Reopen the Sentencing Hearing 26 filed by Defendant Kendall Tankersley (Lee, Rosalind) (Entered: 07/12/2007) 34 Response to Motion by USA as to Kendall Tankersley regarding Motion to Amend/Correct 26 filed by Defendant Kendall Tankersley (Ray, John) (Entered: 07/23/2007) 35 OPINION AND ORDER Defendant's Motion 26 to Correct Sentence or to Reopen Sentencing hearing is granted in part. Defendant's sentencing hearing is reopened and continued to 8/3/07 at 1:30pm. by Judge Ann L. Aiken signed on 7/26/07. (sln) (Entered: 07/30/2007) 36 Minutes of Proceedings:Sentencing Hearing before Judge Ann Aiken Reopened to Hear Argument Regarding Twelve Level Upward Departure as to Defendant Kendall Tankersley. The court finds the 12 level upward departure was properly applied. See Formal Judgment. Defendant advised of right to appeal.Counsel Present for Plaintiff: John Ray, Kirk Engdall.Counsel Present for Defendant: Lee Foreman, Rosiland Lee. Exhibits: Defendant 101 Letter from Tankersley to Bramwell, dated 7/26/07; Government 20 Letter from Shumsky, dated 7/20/07 (exhibits attached to original minute order in court's file)(Court Reporter Deb Wilhelm) (lae) (Entered: 08/06/2007) 38 Transcript of Proceedings as to Kendall Tankersley for the hearing held on 5/15/07 (pgs 1 158) before Judge Ann Aiken. Court Reporter: Kristi Anderson. (sln) (Entered: 08/13/2007) 37 Second Notice of Appeal by Kendall Tankersley (Lee, Rosalind) (Entered: 08/13/2007) 39 Judgment &Commitment as to Kendall Tankersley (1), Counts 13 SENTENCE DATE: 8/3/07; IMPRISONMENT: 41 months; SUPERVISED RELEASE: 3 years; SUPERVISED RELEASE: 3 years;

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RESTITUTION: $100,000 payable to U.S.F.I. Holdings and $883,615.99 payable Zurich American Insurance Co. total amount $983,615.99; SPECIAL ASSESSMENT: $300.00. by Judge Ann L. Aiken signed on 8/29/07. (sln) (Entered: 08/29/2007) 08/29/2007 40 Statement of Reasons as to Kendall Tankersley (NOTE: This document is filed under seal and will be served conventionally) by Judge Ann L. Aiken signed on 8/28/07. (sln) (Entered: 08/29/2007) 41 USCA9th Circuit Order for Time Schedule regarding Notice of Appeal 37 , Notice of Appeal 27 . as to Defendant Kendall Tankersley (sln) (Entered: 09/04/2007) Notification of Appeal sent to USCA9th Circuit and counsel with docket sheet as to Kendall Tankersley regarding Notice of Appeal 37 , Notice of Appeal 27 (sln) (Entered: 09/04/2007) 42 Transcript of Proceedings as to Kendall Tankersley for the hearing held on 8/3/07 before Judge Ann Aiken. Court Reporter: Deborah Wilhelm. (sln) (Entered: 09/06/2007) USCA9th Circuit Case Number as to Kendall Tankersley 0730334 for Notice of Appeal 37 filed by Kendall Tankersley, Notice of Appeal 27 filed by Kendall Tankersley. (lae) (Entered: 09/14/2007) USCA9th Circuit Appeal Fee Paid $455 received Receipt number 600002614 issued as to Kendall Tankersley regarding Notice of Appeal 37 (sln) (Entered: 09/17/2007) 43 Transcript Designation and Order Form by Kendall Tankersley for the hearing held on 7/20/06; 8/22/06; 3/2/07; 5/15/07; 5/31/07; 8/3/07 before Judge Ann Aiken Court Reporter: Kristi Anderson regarding Notice of Appeal 37 (sln) (Entered: 09/19/2007) 44 Motion for Extension of Time To Surrender by Kendall Tankersley. (Lee, Rosalind) (Entered: 09/28/2007) 45 Affidavit by Kendall Tankersley of Rosalind M. Lee regarding Motion for Extension of Time To Surrender 44 filed by Defendant Kendall Tankersley (Lee, Rosalind) (Entered: 09/28/2007) 46 Proposed Form of Order Submitted for Defendant Kendall Tankersley for Extension of Surrender Date (Lee, Rosalind) (Entered: 09/28/2007) 47 ORDER: Granting Motion for Extension of Time 44 as to Kendall Tankersley (1). Defendant Kendall Tankersley's surrender date of October 3, 2007 is Vacated. It is Further Ordered that Kendall Tankersley shall surrender to the Bureau of Prisons on November 3, 2007. by Judge Ann L. Aiken signed on September 2, 2007. (cp) (Entered: 10/03/2007) 51 Motion for order to disburse monies filed by Zurich American Insurance Company, U.S.F.I. Holdings as to Kendall Tankersley. (sln) (Entered: 10/19/2007) 52 Declaration by Jeff Lindberg regarding Motion for order to disburse monies 51 filed by Interested NonParty Zurich American Insurance Company, Interested NonParty U.S.F.I. Holdings (sln) (Entered: 10/19/2007) 53 Certificate of Service by Zurich American Insurance Company, U.S.F.I. Holdings as to Kendall Tankersley regarding Declaration 52 , Motion for order to disburse monies 51 (sln) (Entered: 10/19/2007) 50 Transcript of Proceedings as to Kendall Tankersley for the hearing held on 12/14/06 before Judge Ann Aiken. Court Reporter: Deborah Wilhelm. (sln) (Entered: 10/15/2007)

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48 Memorandum in Opposition to Motion by Kendall Tankersley to Motion for Order to Disburse Monies (Lee, Rosalind) (Entered: 10/15/2007) 49 Memorandum in Opposition to Motion by Kendall Tankersley Proof of Service (Lee, Rosalind) (Entered: 10/15/2007) 54 Transcript of Proceedings as to Kendall Tankersley for the hearing held on 7/20/06 before Judge Ann Aiken. Court Reporter: Kristi Anderson. (sln) (Entered: 10/22/2007) 55 Transcript of Proceedings as to Kendall Tankersley for the hearing held on 3/2/07 before Judge Ann Aiken. Court Reporter: Kristi Anderson. (sln) (Entered: 10/22/2007) 56 Transcript of Proceedings as to Kendall Tankersley for the hearing held on 5/21/07 before Judge Ann Aiken. Court Reporter: Kristi Anderson. (sln) (Entered: 10/22/2007) 57 Motion to Exonerate Bond by Kendall Tankersley. (McCrea, Shaun) (Entered: 11/05/2007) 58 Amended Motion to Exonerate Bond by Kendall Tankersley. (McCrea, Shaun) (Entered: 11/06/2007) 59 ORDER as to Kendall Tankersley that the cash bail in the amount of $100,000 posted herein by David M. Schneider to secure the pretrial release of Kendall Tankersley is hereby exonerated. The court clerk is ordered to return the cash bail to David M. Schneider at 7100 South Lane, Waite, OH 44094. by Judge Ann L. Aiken signed on 11/14/07. (sln) (Entered: 11/14/2007) 60 ORDER Granting 51 Motion to disburse monies as to Kendall Tankersley; The clerk is order to apply the forfeited cash bail in the amount of $150,000 to the defendant's restitution. The clerk is ordered to send the restitution payment of $150,000 to the law firm Shumsky &Backman 1000 SW Fifth Avenue, Suite 1100, Portland, OR 97204. The clerk is ordered that any remaining balance of restitution be sent to the law firm of Shumsky &Backman instead of the named victims. by Judge Ann L. Aiken signed on 11/14/07. (sln) (Entered: 11/14/2007) 61 Certificate of Record on Appeal transmitted to USCA9th Circuit as to Kendall Tankersley regarding Notice of Appeal 37 USCA # 0730334. (sln) (Entered: 11/20/2007) 62 Amended Order as to Kendall Tankersley the cash bail in the amount of $100,000 posted herein by David M. Schneider and Betty Tankersley Schneider to secure the pretrial release of Kendall Tankerlsey is hereby exonerated. The court clerk is ordered to return the cash bail to David M. Schneider and Betty Tankersley Schneider at 7100 South Lane, Waite, OH 44094. by Judge Ann L. Aiken signed on 12/4/07. (sln) (Entered: 12/04/2007) 63 Amended Order as to Kendall Tankersley the motion for order to disburse monies 51 is granted. The clerk is order to apply the forfeited cash bail in the amount of $150,000 to the defendant's restitution. The clerk is ordered to send the restitution payment of $150,000 to the law firm Shumsky &Backman 1001 SW Fifth Avenue, Suite 1 100, Portland OR 97204. The funds shall be distributed and prorated as set forth in the judgment, with $15,000.00 distributed to U.S.F.I. Holdings and $135,000.00 distributed to Zurich American Insurance Co. The clerk is ordered that any remaining balance of restitution be sent to the law firm of Shumsky &Backman instead of the named victims. by Judge Ann L. Aiken signed on 12/4/07. (sln) Modified disbursement amounts and Corrected attachment added on 12/4/2007 (sln). (Entered: 12/04/2007) 64 Administrative Correction of the Record: A clerical error pursuant to Fed. R. Crim. P 36 has been discovered in the case record referencing document 63 and the Clerk is directed to make the following

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administrative corrections to the record and to notify all parties accordingly: The wrong order was attached to document #63. The clerk is directed to attach the correct order. by Judge Ann L. Aiken (sln) (Entered: 12/04/2007) 09/05/2008 65 Order Granting Application for Special Admission Pro Hac Vice Application Fee in amount of $100 collected. Receipt No. 600003617 issued. by Judge Ann L. Aiken signed on 9/5/08. (sln) (Entered: 09/08/2008) 66 Notice of Attorney Appearance Gail K. Johnson appearing for Kendall Tankersley (Johnson, Gail) (Entered: 09/08/2008) 67 Notice of Change of Address entered by Gail K. Johnson as to Kendall Tankersley (Johnson, Gail) (Entered: 11/18/2008) 68 Order of USCA9th Circuit (copy) as to Kendall Tankersley regarding Notice of Appeal 27 and 37 USCA # 0730334 the petition for panel rehearing and the petition for rehearing en banc are denied. (sln) (Entered: 12/01/2008) 69 MANDATE of USCA9th Circuit (certified copy) as to Kendall Tankersley regarding Notice of Appeal 27 , Amended Notice of Appeal 37 USCA # 0730334 The decision of the District Court is: affirmed (sln) (Entered: 12/17/2008)

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