USA v. Kirby

Criminal Case Illinois Central District Court, Case No. 3:08-cr-30021-JES-BGC
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Summary

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Parties
United States of America United States of America, Plaintiff
Officially listed as "USA"

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Gregory M Gilmore +1 217 492 4450 +1 217 492 4512 greg.gilmore@usdoj.gov
v.
No Logo Debra Kay Kirby, Defendant

Represented by Office of Defender Services

Name Phone Fax E-Mail
Space Robert Joseph Scherschligt +1 217 492 5070 +1 217 492 5077 Robert_Scherschligt@fd.org

Note: Criminal cases with multiple defendants may have several records with the same case number: one record for the master file (all defendants), as well as one record per defendant. It can often be difficult to tell which record is which. Other likely matches for this case include:

Attributes
Office Springfield
Filed 4/1/2008
County Sangamon
Terminated
Reopened
Other Court Case None
Count 1
Citation Section 18 U.S.C. § 1343.F
Offense Level 4
181343.F - FRAUD BY WIRE, RADIO, OR TELEVISION - From approximately 1973 until 2006, defendant knowingly committed wire fraud in violation of 181343.
Count 2
Citation Section 18 U.S.C. § 1957-5800.F
Offense Level 4
181957-5800.F - ENGAGING IN MONETARY TRANSACTIONS - On or about November 22, 2005, the defendant knowingly conducted a monetary transaction with proceeds of illegal activity in violation of 181957(a).
Count 3
Citation Section 28 U.S.C. § 2461C.F
Offense Level 4
282461C.F - CRIMINAL FORFEITURE - Criminal Forfeiture of proceeds from Count I.
Def Custody Status Released
Timeline
  Entries (19) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 12 Filed: 8/27/2008, Entered: 8/27/2008, Terminated: 8/27/2008 Motion to Modify Conditions of Release
MOTION to Modify Conditions of Release by Debra Kay Kirby. (Scherschligt, Robert)
Request RequestSpace LREF
Blank -- Filed: 8/27/2008, Entered: 8/27/2008 Order on Motion to Modify Conditions of Release
TEXT ORDER by Magistrate Judge Byron Cudmore: Defendant Debra Kay Kirby's Motion to Modify Conditions of Bond [12] ALLOWED. Defendant is allowed to travel to, from, and throughout the Southern District of Illinois, specifically, Carbondale, Illinois, during the twenty-four (24) hour period comprising Tuesday, 9/9/2008, to visit her son who is a college student at Southern Illinois University. (LB, ilcd)
LREF
Legal Document (Payment Possibly Required) 11 Filed: 8/20/2008, Entered: 8/21/2008 OrderCourt Filing
ORDER on Implementation of Sentencing Guidelines as to Debra Kay Kirby. Entered by Magistrate Judge Byron G. Cudmore on 8/20/08. (ME, ilcd)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 10 Filed: 8/20/2008, Entered: 8/21/2008 Report and Recommendations on Guilty PleaCourt Filing
REPORT AND RECOMMENDATIONS on Plea of Guilty as to Debra Kay Kirby. Objections to R&R due by 9/8/2008. Entered by Magistrate Judge Byron G. Cudmore on 8/20/08. (ME, ilcd)
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Legal Document (Payment Possibly Required) 9 Filed: 8/20/2008, Entered: 8/21/2008 Notice Regarding Entry of Plea and Signed Consent
Notice Regarding Entry of Plea and Signed Consent as to Debra Kay Kirby (ME, ilcd)
Request RequestSpace LREF
Blank -- Filed: 8/20/2008, Entered: 8/21/2008 Change of Plea Hearing
Minute Entry for proceedings held before Magistrate Judge Byron G. Cudmore: Change of Plea Hearing as to Debra Kay Kirby held on 8/20/2008. AUSA Gregory Gilmore present on behalf of the Govt. Dft present on bond with Asst Federal Public Defender Robert Scherschligt. Parties acknowledge filing of written consent to proceed with plea before US Magistrate Judge. Dft sworn and questioned by the Court. The Court finds dft competent. Dft advised of right to trial by jury, essential elements, and penalties. The Govt states the factual basis of Count 1,2. Dft Kirby pleads guilty to Count 1,2 and agrees to the criminal forfeiture provision. The Court finds a factual basis for each plea of guilty. Report and Recommendation to be entered recommending that the District Judge enter judgment on the pleas of guilty. Presentence investigation and report ordered. Sentencing set for 12/8/2008 at 1:30 PM in Courtroom 1 before Judge Jeanne E. Scott. Dft's bond to remain in full force and effect. (Court Reporter S.F. Capitol Reporting Service.) (ME, ilcd)
LREF
Blank -- Filed: 8/11/2008, Entered: 8/11/2008 Order
TEXT ORDER by Magistrate Judge Byron G. Cudmore: Defendant's Attorney to notify Defendant of setting of 8/20/2008 for Change of Plea. (LB, ilcd)
LREF
Blank -- Filed: 8/11/2008, Entered: 8/11/2008 Notice of Hearing.
NOTICE OF HEARING as to Defendant Debra Kay Kirby: Change of Plea Hearing set for Wednesday, 8/20/2008, at 2:00 PM before Magistrate Judge Byron G. Cudmore. (LB, ilcd)
LREF
Blank -- Filed: 8/11/2008, Entered: 8/11/2008 Order on Motion to Vacate
TEXT ORDER: Defendant Debra Kay Kirby's Motion to Vacate Final Pretrial Conference and Schedule for Change of Plea Hearing (d/e 8) is ALLOWED. This matter is referred to United States Magistrate Judge Byron G. Cudmore for a hearing and a Report and Recommendation on a change of plea. The pretrial conference set for August 25, 2008, at 10:30 a.m. is canceled. Entered by Judge Jeanne E. Scott on 8/11/2008. (CT, ilcd)
LREF
Legal Document (Payment Possibly Required) 8 Filed: 8/5/2008, Entered: 8/5/2008, Terminated: 8/11/2008 Motion to Vacate
MOTION to Vacate Final Pretrial Conference and Schedule for a Change of Plea Hearing by Debra Kay Kirby. (Scherschligt, Robert)
Request RequestSpace LREF
Blank -- Filed: 6/11/2008, Entered: 6/11/2008 Order on Motion to Continue
TEXT ORDER: Defendant's First Motion to Continue (d/e 7) is ALLOWED. The pretrial conference is set for June 30, 2008, and the trial is scheduled for July 1, 2008. Defendant Kirby requests additional time to negotiate a possible change of plea. The Government has no objection. Based on this justification, the Court finds that the ends of justice served by granting the continuance outweigh the best interests of the Defendant and the public in a speedy trial. 18 U.S.C. § 3161(h)(8)(A). The pretrial conference for Defendant Debra Kay Kirby is continued to August 25, 2008, at 10:30 a.m. The trial is continued to September 9, 2008, at 9:00 a.m. Entered by Judge Jeanne E. Scott on 6/10/2008. (CT, ilcd)
LREF
Legal Document (Payment Possibly Required) 7 Filed: 6/9/2008, Entered: 6/9/2008, Terminated: 6/11/2008 Motion to Continue
First MOTION to Continue Final Pretrial Conference and Trial Setting by Debra Kay Kirby. (Scherschligt, Robert)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 6 Filed: 5/7/2008, Entered: 5/7/2008 Order Setting Conditions of ReleaseCourt Filing
ORDER Setting Conditions of Release as to Debra Kay Kirby (1) $10,000 O/R Bond. Entered by Magistrate Judge Byron G. Cudmore on 5/7/08. (ME, ilcd)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 5 Filed: 5/7/2008, Entered: 5/7/2008 Bond
Appearance Bond Entered as to Debra Kay Kirby in amount of $ 10,000 O/R Bond. (ME, ilcd) (ME, ilcd).
Request RequestSpace LREF
Blank -- Filed: 5/7/2008, Entered: 5/7/2008 Notice of Docket Text or Event Modification
Notice of Docket Text or Event Modification re [5] Bond : Appearance Bond with redacted clerk's signature added to docket entry. NEF regenerated. (ME, ilcd)
LREF
Blank -- Filed: 5/6/2008, Entered: 5/7/2008 Initial Appearance
Minute Entry for proceedings held before Magistrate Judge Byron G. Cudmore: Initial Appearance & Arraignment as to Debra Kay Kirby (1) Count 1,2,3 held on 5/6/2008. AUSA Patrick Chesley present on behalf of the Govt. Dft present on summons. Dft advised of rights. Dft sworn and questioned regarding her financial situation. The Court finds dft qualifies for the appointment of counsel as consideration of pension funds is exempt. Asst Federal Public Defender Robert Scherschligt present and accepts appointment. Dft advised of charges and penalties. Dft waives the reading of the Indictment. Dft enters a plea of not guilty to all counts of the Indictment. Pretrial Conference set for 6/30/2008 02:00 PM and Jury Trial set for 7/1/2008 09:00 AM in Courtroom 1 before Judge Jeanne E. Scott. Discovery to commence. Court orders dft released on a $10,000 O/R Bond. (Tape #SP-C 4:01 PM.) (ME, ilcd)
LREF
Legal Document (Payment Possibly Required) 4 Filed: 4/14/2008, Entered: 4/15/2008 Summons Returned Executed
Summons Returned Executed on 4/10/08 as to Debra Kay Kirby (ME, ilcd)
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Legal Document (Payment Possibly Required) 2 Filed: 4/1/2008, Entered: 4/2/2008 Indictment - Original Signatures Sealed - +
+++ SEALED DOCUMENT - INDICTMENT - ORIGINAL SIGNATURES. (DM, ilcd)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 1 Filed: 4/1/2008, Entered: 4/2/2008 Indictment
INDICTMENT as to Debra Kay Kirby (1) count(s) 1, 2, 3. (DM, ilcd)
Request RequestSpace LREF

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