United States of America v. Clemons

Criminal Case Ohio Northern District Court, Case No. 1:17-cr-00110-BYP-1
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Parties
United States of America United States of America, Plaintiff

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Kelly L. Galvin +1 216 622 3731 +1 216 522 8354 kelly.l.galvin@usdoj.gov
Space Elliot D. Morrison +1 216 622 3919 +1 216 522 3370 elliot.morrison@usdoj.gov
Space Daniel J. Riedl +1 216 622 3669 +1 216 522 7499 daniel.riedl@usdoj.gov
v.
No Logo Anonymized Party [4C8E8BD], Defendant

Represented by fatica.com Law Firm Placeholder

Name Phone Fax E-Mail
Space John A. Fatica +1 216 696 2348 +1 216 696 2348 john@fatica.com

Represented by Office of Defender Services

Name Phone Fax E-Mail
Space Christian J. Grostic christian_grostic@fd.org
Space Debra Kanevsky Migdal_FPD christine_sason@fd.org

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Attributes
Case Status closed
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 68 Filed: 10/11/2024, Entered: None Order
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Legal Document (Payment Possibly Required) 64 Filed: 8/28/2024, Entered: None Order of Detention
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Legal Document (Payment Possibly Required) 63 Filed: 8/28/2024, Entered: None CJA 23 - Financial Affidavit
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Legal Document (Payment Possibly Required) 58 Filed: 9/28/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 57 Filed: 9/28/2022, Entered: None Order on Motion to Vacate (2255)
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Legal Document (Payment Possibly Required) 56 Filed: 8/12/2019, Entered: 8/12/2019
Response by United States of America in opposition to Motion to Vacate under 28 U.S.C. 2255 54 as to 4C8E8BD (1) (Galvin, Kelly)
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Blank  Filed: 6/27/2019, Entered: 6/27/2019
Copy of 55 Order mailed to Petitioner 4C8E8BD #64718-060, USP Allenwood, P.O. Box 3000, White Deer, PA 17887 on 6/27/2019. (JLG)
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Legal Document (Payment Possibly Required) 55 Filed: 6/27/2019, Entered: 6/27/2019 Court Filing
Order as to Petitioner 4C8E8BD. Upon consideration and pursuant to the Rules Governing § 2255 Proceedings for the United States District Courts, the United States Attorney shall respond to the Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (ECF No. 54 ) within 45 days of the date of this Order. Petitioner shall serve and file a reply, if any, within 21 days after service of Respondent's answer or other pleading. Judge Benita Y. Pearson on 6/27/2019. (JLG)
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Legal Document (Payment Possibly Required) 54 Filed: 6/10/2019, Entered: 6/10/2019
Motion to Vacate under 28 U.S.C. 2255 by 4C8E8BD (1). (Attachments: # 1 Length of Imprisonment for Offenders, # 2 Envelope)(Y,Br) Civil case 1:19-cv-01340-BYP opened.
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Legal Document (Payment Possibly Required) 53 Filed: 12/20/2018, Entered: 12/20/2018
True Copy of mandate from USCA for the Sixth Circuit: Affirming the District Court's judgment as to 4C8E8BD (1) re 38 Notice of Appeal (USCA# 18-3078). Date issued as mandate 12/19/18, Costs: None (H,SP)
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Legal Document (Payment Possibly Required) 51 Filed: 5/16/2018, Entered: 5/16/2018 Court Filing
Non-Appeal Transcript Request by United States of America as to 4C8E8BD (1) for proceedings held on January 16, 2018 before Judge Jonathan Geenberg. Court Reporter: Mary Uphold. Requested completion date: May 30, 2018 (Morrison, Elliot)
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Legal Document (Payment Possibly Required) 50 Filed: 3/8/2018, Entered: 3/8/2018
Notice of Appearance of Attorney - Christian J. Grostic appearing for 4C8E8BD (1) and substituting for Carlos Warner (Grostic, Christian)
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Blank  Filed: 3/8/2018, Entered: 3/8/2018
Copy of electronic notices of 45 Transcript, 46 Transcript, 47 Transcript, 48 Transcript, 49 Transcript mailed to 4C8E8BD #64718-060 at USP Allenwood P.O. Box 3000 White Deer, PA 17887 on 3/8/2018. (S,SR)
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Legal Document (Payment Possibly Required) 49 Filed: 3/7/2018, Entered: 3/7/2018 Court Filing
Transcript of Sentencing filed as to 4C8E8BD (1) for date of 1/16/18 before Judge Benita Y. Pearson, re 43 Transcript Request - Appeal, Court Reporter Mary L. Uphold, Telephone number 330-884-7424 or mary_uphold@ohnd.uscourts.gov. [98 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/14/2018. Redaction Request due 3/28/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/5/2018. (U,ML)
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Legal Document (Payment Possibly Required) 48 Filed: 3/7/2018, Entered: 3/7/2018 Court Filing
Transcript of Telephonic Status Conference filed as to 4C8E8BD (1) for date of 7/18/17 before Judge Benita Y. Pearson, re 43 Transcript Request - Appeal, Court Reporter Mary L. Uphold, Telephone number 330-884-7424 or mary_uphold@ohnd.uscourts.gov. [11 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/14/2018. Redaction Request due 3/28/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/5/2018. (U,ML)
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Legal Document (Payment Possibly Required) 47 Filed: 3/7/2018, Entered: 3/7/2018 Court Filing
Transcript of Final Pretrial filed as to 4C8E8BD (1) for date of 6/5/17 before Judge Benita Y. Pearson, re 43 Transcript Request - Appeal, Court Reporter Mary L. Uphold, Telephone number 330-884-7424 or mary_uphold@ohnd.uscourts.gov. [39 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/14/2018. Redaction Request due 3/28/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/5/2018. (U,ML)
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Legal Document (Payment Possibly Required) 46 Filed: 3/7/2018, Entered: 3/7/2018 Court Filing
Transcript of Detention Hearing filed as to 4C8E8BD (1) for date of 4/25/17 before Magistrate Judge Kathleen B. Burke, re 42 Transcript Request - Appeal, Court Reporter Mary L. Uphold, Telephone number 330-884-7424 or mary_uphold@ohnd.uscourts.gov. [24 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/14/2018. Redaction Request due 3/28/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/5/2018. (U,ML)
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Legal Document (Payment Possibly Required) 45 Filed: 3/7/2018, Entered: 3/7/2018 Court Filing
Transcript of Arraignment filed as to 4C8E8BD (1) for date of 4/17/17 before Judge Jonathan D. Greenberg, re 42 Transcript Request - Appeal, Court Reporter Mary L. Uphold, Telephone number 330-884-7424 or mary_uphold@ohnd.uscourts.gov. [10 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/14/2018. Redaction Request due 3/28/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/5/2018. (U,ML)
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Legal Document (Payment Possibly Required) 44 Filed: 3/6/2018, Entered: 3/6/2018
True Copy of order from USCA for the Sixth Circuit: The appeal filed by defendant 4C8E8BD (1) re 41 (USCA# 17-3116), is dismissed as being duplicative of Case No. 18-3078. Date issued by USCA 3/2/18 (H,SP)
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Blank  Filed: 2/22/2018, Entered: 2/22/2018
Transcript Order as to 4C8E8BD (1) received by court reporter Mary L. Uphold. Estimated number of pages: 4/17/17 - 15 pages; 4/25/17 - 40 pages; 6/5/17 - 40 pages; 7/18/17 - 15 pages; 1/16/18 - 100 pages. Related Document 42 , 43 Transcript Order received on 2/5/2018. Financial arrangements made on 2/5/2018. Estimated completion date is 3/7/2018. (U,ML)
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Legal Document (Payment Possibly Required) 43 Filed: 2/5/2018, Entered: 2/5/2018 Court Filing
Transcript Request by 4C8E8BD (1) for proceedings held on June 5, 2017; July 18, 2017; January 16, 2018 before Judge Benita Y. Pearson, re 38 Notice of Appeal - Final Judgment. Court Reporter: Mary Uphold. Transcript required for appeal. (Grostic, Christian)
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Legal Document (Payment Possibly Required) 42 Filed: 2/5/2018, Entered: 2/5/2018 Court Filing
Transcript Request by 4C8E8BD (1) for proceedings held on April 17, 2017 and April 25, 2017 before Judge Jonathan D. Greenberg and Kathleen B. Burke, re 38 Notice of Appeal - Final Judgment. Court Reporter: ECRO. Transcript required for appeal. (Grostic, Christian)
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Blank  Filed: 2/2/2018, Entered: 2/2/2018
Acknowledgment from USCA for the Sixth Circuit of receipt of 41 Notice of Appeal filed by defendant 4C8E8BD (1) (USCA# 18-3116). Date filed in USCA 2/2/18. (H,SP)
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Legal Document (Payment Possibly Required) 41 Filed: 1/29/2018, Entered: 1/29/2018
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals by 4C8E8BD (1) from the 37 Judgment. Filing fee, $505 not paid. (S,Ke)
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Legal Document (Payment Possibly Required) 40 Filed: 1/26/2018, Entered: 1/26/2018
True Copy of order from USCA for the Sixth Circuit: The appeal filed by defendant 4C8E8BD (1) re 39 (USCA# 18-3093), is dismissed as being duplicative of Case No. 18-3078. Date issued by USCA 1/25/18 (H,SP)
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Blank  Filed: 1/26/2018, Entered: 1/26/2018
Acknowledgment from USCA for the Sixth Circuit of receipt of 39 Notice of Appeal as to 4C8E8BD (1) (USCA# 18-3093). Date filed in USCA 1/24/18. (H,SP)
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Blank  Filed: 1/23/2018, Entered: 1/23/2018
Acknowledgment from USCA for the Sixth Circuit of receipt of 38 Notice of Appeal as to 4C8E8BD (1) (USCA# 18-3078). Date filed in USCA 1/19/18. (H,SP)
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Legal Document (Payment Possibly Required) 39 Filed: 1/22/2018, Entered: 1/22/2018
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals by 4C8E8BD (1) from the 37 Judgment. Filing fee not paid. (S,L)
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Legal Document (Payment Possibly Required) 38 Filed: 1/19/2018, Entered: 1/19/2018
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the 37 Judgment of 1/17/18, filed by 4C8E8BD (1). Counsel is court appointed (Warner, Carlos)
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Blank  Filed: 1/17/2018, Entered: 1/17/2018
Order [non-document] Appointing Federal Public Defender Carlos Warner on behalf of Defendant 4C8E8BD for appeal purposes. The Federal Public Defender is reminded of counsel's obligation to report significant changes in Defendant's employment or financial circumstances sufficient to enable defendant to pay, in whole or in part, for legal representation. CJA Plan, Part IV (D)(2). Judge Benita Y. Pearson on 1/17/2018. (JLG)
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Legal Document (Payment Possibly Required) 37 Filed: 1/17/2018, Entered: 1/17/2018 Court Filing
Criminal Judgment as to Defendant 4C8E8BD. Defendant sentenced to the custody of the Bureau of Prisons for a term of 80 months as to Count 1 of the Indictment. Upon release, Defendant shall serve a 3 year term of supervised release as to Count 1 of the Indictment, with standard and special conditions of supervision imposed. The Court waives the fine in this case. Defendant shall pay a $100.00 special assessment as to Count 1 of the Indictment, which is due immediately. Judge Benita Y. Pearson on 1/17/2018. (JLG)
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Blank  Filed: 1/16/2018, Entered: 1/16/2018
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Sentencing as to Defendant 4C8E8BD held on 1/16/2018. Defendant 4C8E8BD was present and represented by Attorney John A. Fatica; Assistant U.S. Attorney Elliot D. Morrison was present on behalf of the Government; and U.S. Pretrial Services & Probation Officer Paul Skarupa was also present. Defendant sentenced to the custody of the Bureau of Prisons for a term of 80 months as to Count 1 of the Indictment. Upon release, Defendant shall serve a 3 year term of supervised release as to Count 1 of the Indictment, with standard and special conditions of supervision imposed. The Court waives the fine in this case. Defendant shall pay a $100.00 special assessment as to Count 1 of the Indictment, which is due immediately. Defense counsel's oral motion for appointment of appellate counsel is granted. Defendant remanded to the custody of the U.S. Marshals. (Court Reporter: Mary Uphold); Time: 2 Hours. (JLG)
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Legal Document (Payment Possibly Required) 36 Filed: 1/9/2018, Entered: 1/9/2018
Sentencing Memorandum by United States of America as to 4C8E8BD (1) (Morrison, Elliot)
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Legal Document (Payment Possibly Required) 35 Filed: 1/9/2018, Entered: 1/9/2018
Sentencing Memorandum by 4C8E8BD (1) (Attachments: # 1 Exhibit D'Andre 4C8E8BD Letter)(Fatica, John)
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Legal Document (Payment Possibly Required) 31 Filed: 10/23/2017, Entered: 10/23/2017 Court Filing
Order Adopting 28 Report and Recommendation on Plea of Guilty as to Defendant 4C8E8BD. Judge Benita Y. Pearson on 10/23/2017. (JLG)
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Legal Document (Payment Possibly Required) 30 Filed: 10/18/2017, Entered: 10/18/2017 Court Filing
IMPORTANT: Notice as to Defendant 4C8E8BD. Sentencing is set for 1/16/2018 at 10:00 a.m. in Courtroom 351 before Judge Benita Y. Pearson. The parties shall, no later than 7 days prior to sentencing, file with the Court any information required by the Court and any information the parties intend to rely upon at the time of sentencing. Copies of any sentencing memorandum filed by any party shall be contemporaneously served upon all other parties and upon the Probation Officer. If such a memorandum is filed, a response may be filed no later than 3 days prior to sentencing. See Notice for additional information and requirements. (JLG)
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Legal Document (Payment Possibly Required) 29 Filed: 10/6/2017, Entered: 10/6/2017 Court Filing
Transcript of Guilty Plea Hearing as to 4C8E8BD (1) held on Friday, September 29, 2017 before Magistrate Judge KATHLEEN B. BURKE. To obtain a bound copy of this transcript please contact court reporter Donnalee Cotone, RMR, CRR at (216) 357-7078. [35 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/13/2017. Redaction Request due 10/27/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/4/2018. (C,Do)
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Legal Document (Payment Possibly Required) 28 Filed: 9/29/2017, Entered: 9/29/2017 Court Filing
Report and Recommendation on Plea of Guilty as to 4C8E8BD (1). Objections to Report & Recommendation due by 10/13/2017. Magistrate Judge Kathleen B. Burke on 9/29/2017. (D,I)
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Legal Document (Payment Possibly Required) 27 Filed: 9/29/2017, Entered: 9/29/2017 Court Filing
Consent to order of referral to Magistrate Judge for purposes of receiving plea of guilty as to 4C8E8BD (1) approved by Magistrate Judge Kathleen B. Burke on 9/29/2017. (D,I)
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Blank  Filed: 9/29/2017, Entered: 9/29/2017
Minutes of proceedings [non-document] before Magistrate Judge Kathleen B. Burke. AUSA Elliot Morrison present for the government. Attorney John Fatica present for the defendant. Change of Plea Hearing as to 4C8E8BD (1) held on 9/29/2017. Consent to order of referral to Magistrate Judge for purposes of receiving defendant's plea of guilty executed. Plea of guilty entered to Count 1 of the Indictment. No Plea agreement agreement. Referral to Probation for preparation of a Presentence Investigation Report. Sentencing set for 1/16/2018 at 10:00 AM PM in Courtroom 351 before Judge Benita Y. Pearson, in YOUNGSTOWN. Defendant remanded to the custody of the U.S. Marshal. (Court Reporter ECRO - G. Page) Time: 45 minutes. (D,I)
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Blank  Filed: 9/28/2017, Entered: 9/28/2017
IMPORTANT: Notice [non-document] as to 4C8E8BD (1). Change of Plea Hearing set for 9/29/2017 at 2:00 PM in Courtroom 400 before Magistrate Judge Kathleen B. Burke, IN AKRON.(D,I)
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Legal Document (Payment Possibly Required) 26 Filed: 9/26/2017, Entered: 9/26/2017 Court Filing
Order Referring Case to Magistrate Judge Kathleen B. Burke as to Defendant 4C8E8BD for purposes of receiving, on consent of the parties, the Defendant's offer of a plea of guilty. Counsel shall contact the Magistrate Judge's Chambers to schedule the change of plea hearing, which shall be completed not later than 10/3/2017. Judge Benita Y. Pearson on 9/26/2017. (JLG)
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Legal Document (Payment Possibly Required) 25 Filed: 9/26/2017, Entered: 9/26/2017
Notice of Intent to Plead Guilty as to 4C8E8BD (1) (Fatica, John)
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Blank  Filed: 9/18/2017, Entered: 10/2/2017
Order [non-document] Appointing Federal Public Defender. The Federal Public Defender is reminded of counsel's obligation to report significant changes in defendant's employment or financial circumstances sufficient to enable defendant to pay, in whole or in part, for legal representation. CJA Plan, Part IV (D)(2). Judge Benita Y. Pearson on 9/18/2017. (JLG)
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Blank  Filed: 9/18/2017, Entered: 9/18/2017
FILING ERROR - Wrong Event Used. CJA 20 Appointment of the Office of the Federal Public Defender for Defendant 4C8E8BD for the limited purpose of providing a second opinion to Defendant. Counsel is reminded of their obligation to report significant changes in Defendant's employment or financial circumstances sufficient to enable Defendant to pay, in whole or in part, for legal representation. CJA Plan, Part IV (D)(2). Judge Benita Y. Pearson on 9/18/2017. (JLG) Modified to denote as filing error on 10/2/2017 (JLG).
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Legal Document (Payment Possibly Required) 24 Filed: 7/19/2017, Entered: 7/19/2017 Court Filing
Order to Continue - Ends of Justice as to Defendant 4C8E8BD. For the reasons set forth herein, the Jury Trial is reset for 10/10/2017 at 9:00 a.m. The Criminal Pretrial and Trial Order previously issued, ECF No. 8 , remains in effect in all other respects. All new due dates shall be calculated by counsel so that the parties comply with the time frames set by the Criminal Pretrial and Trial Order in addition to all other obligations imposed by that Order. Judge Benita Y. Pearson on 7/19/2017. (JLG)
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Blank  Filed: 7/18/2017, Entered: 7/18/2017
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 7/18/2017 as to Defendant 4C8E8BD. Attorney John A. Fatica was present on behalf of Defendant 4C8E8BD; and Assistant U.S. Attorneys Kelly L. Galvin and Elliot D. Morrison were present on behalf of the Government. For the reasons set forth on the record, the Court found that the ends of justice served by continuing the Trial date in the instant matter outweighs the best interests of the public and Defendant in proceeding more speedily. The matter is reset for Trial beginning on 10/10/2017 at 9:00 a.m. Order to issue. (Court Reporter Mary Uphold); Time: 9 Minutes. (JLG)
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Blank  Filed: 7/17/2017, Entered: 7/17/2017
Order [non-document] as to Defendant 4C8E8BD. A Telephonic Status Conference for counsel only is set for tomorrow, 7/18/2017, at 12:00 p.m. before Judge Benita Y. Pearson. Counsel for the Government is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Judge Benita Y. Pearson on 7/17/2017. (JLG)
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Legal Document (Payment Possibly Required) 23 Filed: 7/14/2017, Entered: 7/14/2017
Proposed Voir Dire by United States of America as to 4C8E8BD (1) (Morrison, Elliot)
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Legal Document (Payment Possibly Required) 22 Filed: 7/13/2017, Entered: 7/13/2017 Court Filing
Order as to Defendant 4C8E8BD. The Court hereby orders that parties shall jointly submit proposed written voir dire questions by 12:00 p.m., noon, 7/17/2017. This Order does not affect the cutoff for filing jointly submitted proposed jury instructions, jury interrogatories, and verdict forms. Judge Benita Y. Pearson on 7/13/2017. Related document(s) 8 . (JLG)
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Legal Document (Payment Possibly Required) 21 Filed: 7/11/2017, Entered: 7/11/2017
Notice of Appearance of Attorney Elliot D. Morrison appearing for USA. As Co-Counsel. (Morrison, Elliot)
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Legal Document (Payment Possibly Required) 19 Filed: 6/9/2017, Entered: 6/9/2017 Court Filing
Memorandum of Opinion and Order re Defendant's Motion to Suppress (ECF No. 13 ) and Motion in Limine (ECF No. 15 ). The Government responded. ECF No. 17 . During the 6/5/2017 Final Pretrial Conference, the Court heard from counsel on both Motions. For the reasons set forth herein, the Motion to Suppress is denied, in part, and the Government agrees to self-suppress the third statement. In the alternative, the Motion to Suppress is granted, in part. The Government also agrees to self-suppress the facts underlying the arrest warrant. In the alternative, the Motion in Limine is granted. Judge Benita Y. Pearson on 6/9/2017. (JLG)
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Legal Document (Payment Possibly Required) 18 Filed: 6/5/2017, Entered: 6/5/2017 Court Filing
Order to Continue - Ends of Justice as to Defendant 4C8E8BD. For the reasons set forth herein, defense counsel's oral motion to continue the 6/19/2017 trial date, which was unopposed by the Government, is granted. The Jury Trial is reset for 7/31/2017 at 9:00 a.m. The Criminal Pretrial and Trial Order previously issued, ECF No. 8 , remains in effect in all other respects. All new due dates shall be calculated by counsel so that the parties comply with the time frames set by the Criminal Pretrial and Trial Order in addition to all other obligations imposed by that Order. Judge Benita Y. Pearson on 6/5/2017. (JLG)
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Blank  Filed: 6/5/2017, Entered: 6/5/2017
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Final Pretrial Conference held on 6/5/2017 as to Defendant 4C8E8BD. Defendant 4C8E8BD was present and represented by Attorney John A. Fatica; and Assistant U.S. Attorney Kelly L. Galvin was present on behalf of the Government. The Court granted the Government's 16 Motion to Continue Deadline to Respond to Defendant's Motion to Suppress and Motion in Limine. Frye Conference conducted. The Court granted Defendant's 14 Motion for Preparation of a Pre-Plea Presentence Investigation Report as to criminal history only. The Court granted or, in the alternative, denied as moot Defendant's 13 Motion to Suppress Statement(s) and Evidence and 15 Motion in Limine to Preclude Admission of Irrelevant, Prejudicial Allegations and found that an evidentiary hearing is not necessary to aid the Court in resolving the legal issues presented. Separate Order to issue. Defendant moved for a continuance of the 6/19/2017 Trial date, which was unopposed by the Government. For the reason set forth on the record, the Court found that the ends of justice served by continuing the Trial date in the instant matter outweighs the best interests of the public and Defendant in proceeding more speedily. The matter is reset for Trial beginning on 7/31/2017 at 9:00 a.m. Separate Order to issue. (Court Reporter: Mary Uphold); Time: 45 Minutes. (JLG)
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Blank  Filed: 6/1/2017, Entered: 6/1/2017
IMPORTANT: Notice [non-document] as to Defendant 4C8E8BD (1). The Final Pretrial Conference is rescheduled for 6/5/2017 at 10:00 a.m. in Courtroom 351 before Judge Benita Y. Pearson. (E,CK)
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Legal Document (Payment Possibly Required) 17 Filed: 5/31/2017, Entered: 5/31/2017
Response by United States of America to Motion in Limine to Preclude Admission of Irrelevant, Prejudicial Allegations 15 , Motion to Suppress Statement(s) and Evidence 13 as to 4C8E8BD (1) (Galvin, Kelly)
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Legal Document (Payment Possibly Required) 16 Filed: 5/30/2017, Entered: 5/30/2017
Motion to continue Deadline to Respond to Defendant's Motion to Suppress and Motion in Limine (Doc. 13 and Doc. 15) by United States of America as to 4C8E8BD (1). (Galvin, Kelly)
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Legal Document (Payment Possibly Required) 15 Filed: 5/23/2017, Entered: 5/23/2017
Motion in Limine to Preclude Admission of Irrelevant, Prejudicial Allegations by 4C8E8BD (1). (Fatica, John)
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Legal Document (Payment Possibly Required) 14 Filed: 5/23/2017, Entered: 5/23/2017
Motion for Preparation of a Pre-Plea Pre-Sentence Investigation Report by 4C8E8BD (1). (Fatica, John)
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Legal Document (Payment Possibly Required) 13 Filed: 5/23/2017, Entered: 5/23/2017
Motion to Suppress Statement(s) and Evidence by 4C8E8BD (1). (Fatica, John)
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Legal Document (Payment Possibly Required) 12 Filed: 5/18/2017, Entered: 5/18/2017
Arrest Warrant Returned Executed on 4/17/2017 in case as to 4C8E8BD (1). (B,R)
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Legal Document (Payment Possibly Required) 11 Filed: 5/9/2017, Entered: 5/9/2017
Response as to 4C8E8BD (1) re 9 Notice of Discovery (Galvin, Kelly)
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Legal Document (Payment Possibly Required) 10 Filed: 4/25/2017, Entered: 4/25/2017 Court Filing
Order of Detention Pending Trial as to 4C8E8BD (1). Magistrate Judge Kathleen B. Burke on 4/25/2017. (P,G)
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Blank  Filed: 4/25/2017, Entered: 4/25/2017
Minutes of proceedings [non-document] before Magistrate Judge Kathleen B. Burke. Detention Hearing as to 4C8E8BD (1) held on 4/25/2017. AUSA Mark Bennett present for the government. Attorney John A. Fatica present for defendant. ATF agent Robert Kole present. At the hearing, Defendant orally moved for a change in his court appointed counsel. Court denied request but advised defendant at the hearing he could raise the matter again after detention hearing. Government proffered affidavit and contents of Pretrial Services Report. Court orders defendant detained. Defendant remanded to custody of U.S. Marshal. (Court Reporter: ECRO: J. Darrah; Pretrial Officer Patrick Lavecchia) Time: 30 minutes. (P,G)
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Blank  Filed: 4/18/2017, Entered: 4/18/2017
Order [non-document] as to 4C8E8BD. Telephone Conference held on 4/18/2017 before Magistrate Judge Kathleen B. Burke. Attorney John A. Fatica on behalf of Defendant and Kelly Galvin on behalf of the Government. Defense Attorney Fatica orally moved for a continuance of the Detention Hearing scheduled for 4/21/2017. For good cause the Court granted the request. Detention hearing reset for 4/25/2017 at 12:30 PM in Courtroom 400 before Magistrate Judge Kathleen B. Burke. Magistrate Judge Kathleen B. Burke on 4/18/2017. (P,G)
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Legal Document (Payment Possibly Required) 9 Filed: 4/18/2017, Entered: 4/18/2017
Notice of Discovery Request as to 4C8E8BD (1) (Fatica, John)
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Legal Document (Payment Possibly Required) 8 Filed: 4/17/2017, Entered: 4/17/2017 Court Filing
Criminal Pretrial and Trial Order as to Defendant 4C8E8BD. Discovery shall be completed on or before 5/16/2017. On the discovery cutoff date, counsel shall notify the Court in writing of any failure to provide discovery material. Pretrial motions shall be filed on or before 5/23/2017. Each motion filed shall explicitly state the foundation for it, pursuant to Local Criminal Rule 12.1. Responses to pretrial motions shall be filed by 5/30/2017, or sooner. The Court shall conduct a Final Pretrial Conference on 6/6/2017 at 3:00 p.m. Other pretrial hearings will be scheduled as needed. Trial of this matter shall begin on 6/19/2017 at 9:00 a.m. Counsel should appear at least 30 minutes before trial time. See Order for additional information and requirements. Judge Benita Y. Pearson on 4/17/2017. (JLG)
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Legal Document (Payment Possibly Required) 7 Filed: 4/17/2017, Entered: 4/17/2017
CJA 23 Financial Affidavit by 4C8E8BD (1). (S,S)
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Blank  Filed: 4/17/2017, Entered: 4/17/2017
IMPORTANT: Notice [non-document] as to 4C8E8BD (1). Detention Hearing reset for 4/21/2017 11:00 AM in Courtroom 400 before Magistrate Judge Kathleen B. Burke. Note change in time only.(P,G)
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Blank  Filed: 4/17/2017, Entered: 4/17/2017
CJA 20 Appointment of Attorney John Fatica for 4C8E8BD. Counsel is reminded of their obligation to report significant changes in defendant's employment or financial circumstances sufficient to enable defendant to pay, in whole or in part, for legal representation. CJA Plan, Part IV (D)(2). Magistrate Judge Jonathan D. Greenberg on 4/17/2017. (S,S)
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Blank  Filed: 4/17/2017, Entered: 4/17/2017
Minutes of proceedings [non-document] before Magistrate Judge Jonathan D. Greenberg. Arraignment as to 4C8E8BD (1) held on 4/17/2017. AUSA Kelly Galvin present for the government. Attorney John A. Fatica present and appointed to represent defendant. Indictment read. Plea of not guilty entered. Government moves for detention and requests 3-day continuance. Defendant requests hearing and additional 1-day continuance. Detention Hearing set for 4/21/2017 at 10:30 a.m. in Courtroom 400 before Magistrate Judge Kathleen B. Burke. Defendant remanded to custody of U.S. Marshal. (Court Reporter: ECRO [J. Knabe]; Pretrial Officer: Pat LaVecchia) (Time: 7 min.) (S,S)
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Legal Document (Payment Possibly Required) 6 Filed: 4/4/2017, Entered: 4/4/2017 Court Filing
Writ of Habeas Corpus ad Prosequendum Issued as to 4C8E8BD (1) for Arraignment on 4/17/2017 at 10:00 a.m. before Magistrate Judge Jonathan D. Greenberg. (Original and 3 certified copies issued to U.S. Marshal on 4/4/2017.) (S,S)
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Legal Document (Payment Possibly Required) 5 Filed: 4/4/2017, Entered: 4/4/2017 Court Filing
Journal Entry upon 3 Petition for Writ of Habeas Corpus ad prosequendum as to 4C8E8BD (1). Arraignment set for 4/17/2017 at 10:00 a.m. in Courtroom 10B. Signed by Magistrate Judge Jonathan D. Greenberg on 4/4/2017. (S,S)
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Legal Document (Payment Possibly Required) 3 Filed: 4/3/2017, Entered: 4/3/2017
Application (motion) for Writ of Habeas Corpus ad prosequendum by United States of America as to 4C8E8BD (1). (Attachments: # 1 Proposed Journal Entry)(Galvin, Kelly)
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Blank  Filed: 3/29/2017, Entered: 3/29/2017
Random Assignment of Magistrate Judge pursuant to Local Criminal Rule 57.9. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (S,L)
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Legal Document (Payment Possibly Required) 1 Filed: 3/29/2017, Entered: 3/29/2017
Indictment filed by USA as to 4C8E8BD (1) count 1. (Attachments: # 1 Designation Form, # 2 Signature Page) (S,L)
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