USA v. Atkinson et al
Criminal Case Missouri Eastern District Court, Case No. 4:12-cr-00122-CDP-1

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Last Updated October 20, 2017 at 11:08 PM DT (3.8 years ago) SpaceE-Mail Alert Get E-Mail Alerts

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

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space John M. Bodenhausen +1 314 539 2200 +1 314 539 7695 john.bodenhausen@usdoj.gov
Space Carrie Costantin +1 314 539 2200 +1 314 539 7695 carrie.costantin@usdoj.gov

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:

Office St. Louis
Filed 3/29/2012
County St. Louis - City
Terminated 9/25/2012
Reopened
Other Court Case None
Count 1r
Citation Section 18 U.S.C. § 371.F
Offense Level 4
Count 2r
Citation Section 26 U.S.C. § 7206A.F
Offense Level 4
Count 4r
Citation Section 26 U.S.C. § 7206A.F
Offense Level 4
Defendant Custody Status Released
Flag CLOSED
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                                          Legal Document (Payment Possibly Required) 84 Filed: 5/11/2015, Entered: 5/11/2015 OrderCourt Filing
                                          ORDER as to Darain Atkinson: Defendant has filed a Motion to Interrupt Sentence. (Doc. No. 80) The Court is sympathetic to the reasons underlying Defendant's request; however, based on the Government's response and information from the Bureau of Prisons, Defendants motion [80] is herebyDENIED. Signed by District Judge John A. Ross on 5/11/15. (ARL)
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                                            Legal Document (Payment Possibly Required) 81 Filed: 5/8/2015, Entered: 5/8/2015 Response to Motion
                                            RESPONSE to Motion by USA as to Darain Atkinson re [80] MOTION for Release from Custody Motion to Interrupt Sentence (Harris, Reginald)
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                                              Legal Document 80 Filed: 5/8/2015, Entered: 5/8/2015, Terminated: 5/11/2015 Motion for Release from Custody
                                              MOTION for Release from Custody Motion to Interrupt Sentence by Darain Atkinson. (Rosenblum, N.)
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                                                                              Legal Document (Payment Possibly Required) 79 Filed: 2/10/2014, Entered: 2/10/2014 TranscriptCourt Filing
                                                                              TRANSCRIPT of [72] (SENTENCING) as to Darain Atkinson held on 9/25/12 before Judge John A Ross. Court Reporter: Susan Moran, Susan_Moran@moed.uscourts.gov, 314-244-7983. 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. Redaction Request due 3/3/2014. Redacted Transcript Deadline set for 3/13/2014. Release of Transcript Restriction set for 5/12/2014. (KJS)
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                                                                                Receipt CT B0015 in the amount of $25.00 for FEDERAL RESTITUTION on behalf of Atkinson, Darain (CCAM)
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                                                                                  Legal Document (Payment Possibly Required) 78 Filed: 1/21/2014, Entered: 1/22/2014 Transcript Order RequestCourt Filing
                                                                                  TRANSCRIPT ORDER REQUEST by Kurtis Productions/ co/ Laura Stypka for proceedings of Sentencing for proceedings held on 9/25/12 court reporter Sue Moran before Judge John A. Ross. (ARL)
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                                                                                                      Legal Document (Payment Possibly Required) 76 Filed: 10/1/2012, Entered: 10/1/2012 Notice regarding 12.07
                                                                                                      NOTICE by Darain Atkinson of Certification of Compliance with Local Rule 12.07. (Sison, Gilbert)
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                                                                                                        Legal Document (Payment Possibly Required) 74 Filed: 9/25/2012, Entered: 9/27/2012 Statement of ReasonsCourt Filing
                                                                                                        STATEMENT OF REASONS for Sentence regarding Judgment, [73] as to defendant Darain Atkinson Signed by District Judge John A. Ross on 9/25/12. (LAH)
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                                                                                                          Legal Document (Payment Possibly Required) 73 Filed: 9/25/2012, Entered: 9/27/2012 JudgmentCourt Filing
                                                                                                          JUDGMENT as to Darain Atkinson (1), Count(s) 1r, The defendant is hereby committed to the custody of the BOP to be imprisoned for a total term of 96 months. This term consists of a term of 60 months on count one and 36 months on count two, all such terms to run consecutively. This sentence shall run concurrent with any sentence imposed in St. Charles Circuit Court, Case No. 1111-CR03068. Upon release from imprisonment, the defendant shall be on supervised release for a term of three years. This term consists of a term of three yeears on count one and a term of one year on count two, all such terms to run concurrently. Special assessment is imposed in the amount of $200 and due immediately. The defendant shall surrender for service of sentence at the institution designated by the BOP as notified by the U.S. Marshal. Signed by District Judge John A. Ross on 9/25/12. (LAH)
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                                                                                                            Legal Document (Payment Possibly Required) 72 Filed: 9/25/2012, Entered: 9/25/2012 SentencingCourt Filing
                                                                                                            Minute Entry for proceedings held before District Judge John A. Ross:Sentencing as to Darain Atkinson held on 9/25/2012. J&C to follow. (Court Reporter: Sue Moran) (proceedings started: 9:40 a.m.) (proceedings ended: 10:30 a.m.) (Defendant Location: Bond) (ARL)
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                                                                                                              Receipt CT 4644030959 in the amount of $200.00 for SPECIAL PENALTY ASSESSMENT on behalf of Atkinson, Darain (CCAM)
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                                                                                                                Blank 71 Filed: 9/24/2012, Entered: 9/24/2012 Docket Text OrderCourt Filing
                                                                                                                Docket Text ORDER as to Darain Atkinson Re: [69] MOTION for Leave to File Sealed Document by USA as to Darain Atkinson. (Bodenhausen, John) filed by USA ; ORDERED GRANTED. Signed by District Judge John A. Ross on 9/24/12. (ARL)
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                                                                                                                  Sealed Legal Document 70 Filed: 9/24/2012, Entered: 9/24/2012 Sealed Document
                                                                                                                  Sealed Document (Bodenhausen, John)
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                                                                                                                    Legal Document (Payment Possibly Required) 69 Filed: 9/24/2012, Entered: 9/24/2012, Terminated: 9/24/2012 Motion for Leave to File Sealed Document
                                                                                                                    MOTION for Leave to File Sealed Document by USA as to Darain Atkinson. (Bodenhausen, John)
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                                                                                                                      Legal Document (Payment Possibly Required) 67 Filed: 9/21/2012, Entered: 9/21/2012 Sentencing Memorandum
                                                                                                                      SENTENCING MEMORANDUM - SEALED by defendant Darain Atkinson (Sison, Gilbert)
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                                                                                                                        Sealed Legal Document 66 Filed: 9/20/2012, Entered: 9/20/2012 Sealed Document
                                                                                                                        Sealed Document (Attachments: # (1) Exhibit A-P (Sentencing Letters))(Sison, Gilbert)
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                                                                                                                          Legal Document (Payment Possibly Required) 60 Filed: 9/18/2012, Entered: 9/18/2012 Presentence Investigation Report
                                                                                                                          OFFICER REVISED FINAL PRESENTENCE INVESTIGATION REPORT (including addendum) as to Darain Atkinson (AAS)
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                                                                                                                            Legal Document (Payment Possibly Required) 50 Filed: 8/21/2012, Entered: 8/21/2012 OrderCourt Filing
                                                                                                                            ORDER as to Darain Atkinson - IT IS HEREBY ORDERED that the defendant's motion to continue [#49] is hereby granted and the sentencing as to defendant Darain Atkinson is reset to September 25, 2012 at 9:30 a.m. IT IS FURTHER ORDERED that the deadline for filing objections, if any, to the Presentence Report is September 11, 2012. IT IS FURTHER ORDERED that no objections shall be filed after the deadline without leave of the Court. A request for leave to file objections out of time must be in writing and supported by reasons for the request. Signed by District Judge John A. Ross on 8/21/12. (LAH)
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                                                                                                                              Legal Document (Payment Possibly Required) 49 Filed: 8/20/2012, Entered: 8/20/2012, Terminated: 8/21/2012 Motion to Continue
                                                                                                                              MOTION to Continue ; Sentencing Hearing (Unopposed) by Darain Atkinson. (Sison, Gilbert)
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                                                                                                                                Blank 46 Filed: 7/13/2012, Entered: 7/13/2012 Docket Text Order
                                                                                                                                Docket Text ORDER as to Darain Atkinson Re: [45] MOTION for Extension of Time to File Objections to Pre-Sentence Investigation Report by Darain Atkinson. (Sison, Gilbert) filed by Darain Atkinson - GRANTED Signed by Honorable John A. Ross on 7/13/12. (LAH)
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                                                                                                                                  Legal Document (Payment Possibly Required) 45 Filed: 7/12/2012, Entered: 7/12/2012, Terminated: 7/13/2012 Motion for Extension
                                                                                                                                  MOTION for Extension of Time to File Objections to Pre-Sentence Investigation Report by Darain Atkinson. (Sison, Gilbert)
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                                                                                                                                    Legal Document (Payment Possibly Required) 44 Filed: 7/6/2012, Entered: 7/6/2012 Order
                                                                                                                                    ORDER as to Darain Atkinson: IT IS HEREBY ORDERED that the defendant's motion for extension of time and to continue #[40] is granted and the sentencing hearing as to defendant Darain Atkinson is reset to August 23, 2012 at 1:30 p.m.. Signed by Honorable John A. Ross on 7/6/12. (ARL)
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                                                                                                                                      Blank 43 Filed: 7/5/2012, Entered: 7/5/2012 Docket Text Order
                                                                                                                                      Docket Text ORDER as to Darain Atkinson Re: [40] MOTION for Extension of Time to File Objections to Pre-Sentence Investigation Report and for Continuance of Sentencing Hearing by Darain Atkinson. (Sison, Gilbert) filed by Darain Atkinson. ORDERED GRANTED. WRITTEN ORDER WITH NEW SENTENCING DATE TO FOLLOW. Signed by Honorable John A. Ross on 7/5/12. (ARL)
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                                                                                                                                        Legal Document (Payment Possibly Required) 41 Filed: 7/5/2012, Entered: 7/5/2012 Presentence Investigation Report
                                                                                                                                        FINAL PRESENTENCE INVESTIGATION REPORT (including addendum) as to Darain Atkinson (Attachments: # (1) Letter)(AAS)
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                                                                                                                                          Legal Document (Payment Possibly Required) 40 Filed: 6/28/2012, Entered: 6/28/2012, Terminated: 7/5/2012 Motion for Extension
                                                                                                                                          MOTION for Extension of Time to File Objections to Pre-Sentence Investigation Report and for Continuance of Sentencing Hearing by Darain Atkinson. (Sison, Gilbert)
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                                                                                                                                            Legal Document (Payment Possibly Required) 34 Filed: 6/12/2012, Entered: 6/12/2012 Acceptance to Presentence Investigation Report
                                                                                                                                            ACCEPTANCE TO PRESENTENCE INVESTIGATION REPORT by USA as to Darain Atkinson (Bodenhausen, John)
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                                                                                                                                              Legal Document (Payment Possibly Required) 30 Filed: 5/15/2012, Entered: 5/15/2012 Restitution Questionnaire
                                                                                                                                              RESTITUTION QUESTIONNAIRE (FILED UNDER SEAL) by USA as to Darain Atkinson. A redacted copy will be provided to defense counsel by USA. (Bodenhausen, John)
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                                                                                                                                                Legal Document (Payment Possibly Required) 29 Filed: 5/9/2012, Entered: 5/9/2012 Order on Motion for LeaveCourt Filing
                                                                                                                                                ORDER as to Darain Atkinson (1), Cory Atkinson (2) IT IS HEREBY ORDERED that the Governments Motion for Leave to Use Alternative Victim Notification Procedures [ECF No. 28] be GRANTED. [28] Signed by Magistrate Judge Terry I. Adelman on 5/9/12. (KXS)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 28 Filed: 5/9/2012, Entered: 5/9/2012, Terminated: 5/9/2012 Motion for Leave
                                                                                                                                                  MOTION for Leave to: use alternative victim notification procedures by USA as to Darain Atkinson, Cory Atkinson. (Bodenhausen, John)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 16 Filed: 4/16/2012, Entered: 4/16/2012 Entry of Attorney Appearance - USA
                                                                                                                                                    ENTRY OF ATTORNEY APPEARANCE Michael W. Reap appearing for USA. (Reap, Michael)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 12 Filed: 4/11/2012, Entered: 4/11/2012 Order
                                                                                                                                                      ORDER: IT IS HEREBY ORDERED that the sentencing as to defendant Darain Atkinson is set for July 12, 2012 at 1:30 p.m. IT IS FURTHER ORDERED that the deadline for filing objections, if any, to the Presentence Report is June 28, 2012. IT IS FURTHER ORDERED that no objections shall be filed after the Deadline without leave of the Court. A request for leave to file objections out of time must be in writing and supported by reasons for the request. Please see Order for further details. Signed by Honorable John A. Ross on 4/11/2012. (RAK)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 13 Filed: 4/10/2012, Entered: 4/11/2012 Warrant Returned Executed
                                                                                                                                                        Warrant Returned Executed as to Indictment on 4/9/12 in case as to Darain Atkinson (KXS)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 11 Filed: 4/10/2012, Entered: 4/10/2012 Bail Report
                                                                                                                                                          BAIL REPORT(FILED UNDER SEAL) as to Darain Atkinson. (DJD)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 10 Filed: 4/9/2012, Entered: 4/10/2012 Plea Agreement, Guidelines Rec and Stipulations
                                                                                                                                                            GUILTY PLEA AGREEMENT by USA, Darain Atkinson as to Darain Atkinson (RAK)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 9 Filed: 4/9/2012, Entered: 4/10/2012 Arraignment
                                                                                                                                                              Minute Entry for proceedings held before Honorable John A. Ross:Arraignment: Parties present for arraignment. Defendant waives arraignment. Defendant waives reading of indictment. Change of Plea Hearing as to Darain Atkinson Guilty on counts 1 & 2 held on 4/9/2012. Count 4 held in abeyance until sentencing: (Sentencing set for 7/12/2012 01:30 PM in Courtroom 12N before Honorable John A. Ross.) (Court Reporter:Sue Moran.) (FTR Gold: No.) (proceedings started: 1:33 PM.) (proceedings ended: 2:15 PM.) (Defendant Location: Bond.) (RAK)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 8 Filed: 4/9/2012, Entered: 4/9/2012 Order Setting Conditions of ReleaseCourt Filing
                                                                                                                                                                ORDER Setting Conditions of Release as to Darain Atkinson (1); O/R Bond Set/Executed; Signed by Magistrate Judge Nannette A. Baker on 04/09/2012; (DJO)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 7 Filed: 4/9/2012, Entered: 4/9/2012 Initial Appearance - Rule 5Court Filing
                                                                                                                                                                  Minute Entry for proceedings held before Magistrate Judge Nannette A. Baker: Initial Appearance/Rule 5 / Bond Execution as to Darain Atkinson (1) held on 4/9/2012; O/R Bond set/executed; (FTR Gold Operator initials: C. Kornberger.) (FTR Gold: Yes.) (proceedings started: 2:26 PM.) (proceedings ended: 2:36 PM.) (Defendant Location: BOND.) (DJO)
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                                                                                                                                                                    Blank  Remark
                                                                                                                                                                    REMARK as to Darain Atkinson: Documents previously filed on this date deleted due to filing error; (DJO)
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                                                                                                                                                                      Blank  Arrest
                                                                                                                                                                      Arrest of defendant Darain Atkinson date of arrest: 04/09/2012; (DJO)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 6 Filed: 4/6/2012, Entered: 4/6/2012 Order
                                                                                                                                                                        ORDER as to Darain Atkinson - IT IS HEREBY ORDERED that the possible change of plea hearing as to defendant Darain Atkinson is set for April 9, 2012 at 1:30 p.m. Signed by Honorable John A. Ross on 4/6/12. (LAH)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 5 Filed: 4/5/2012, Entered: 4/6/2012 Letter Lifting Suppression - Indictment/Superseding Indictment
                                                                                                                                                                          LETTER LIFTING SUPPRESSION - Indictment/Superseding Indictment unsealed as to Darain Atkinson, Cory Atkinson (SAJ)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 4 Filed: 3/29/2012, Entered: 3/29/2012 Order of Suppression
                                                                                                                                                                            Order:...IT IS BY THE COURT ORDERED that said indictment shall be sealed and suppressed by the Clerk of the Court until said defendant is in custody or has given bail for the defendant's final appearance. Order as to Darain Atkinson, Cory Atkinson. Signed by Honorable E. Richard Webber on 3/29/2012. (KLK)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 3 Filed: 3/29/2012, Entered: 3/29/2012 Entry of Attorney Appearance - USA
                                                                                                                                                                              ENTRY OF ATTORNEY APPEARANCE John M. Bodenhausen appearing for USA. (KLK)
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                                                                                                                                                                                Legal Document 2 Filed: 3/29/2012, Entered: 3/29/2012 Indictment - RedactedCourt Filing
                                                                                                                                                                                REDACTED INDICTMENT returned in open court on 3/29/2012 to Judge Terry I. Adelman by the Foreperson of the Grand Jury. Referred to Magistrate Judge Adelman as to Darain Atkinson (1): Former count 1 is now count 1r. Former count 2 is now count 2r. Former count 4 is now count 4r. Cory Atkinson (2): Former count 1 is now count 1r. Former count 3 is now count 3r. Former count 5 is now count 5r. (KLK)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 1 Filed: 3/29/2012, Entered: 3/29/2012 IndictmentCourt Filing
                                                                                                                                                                                  INDICTMENT returned in open court on 3/29/2012 to Judge E. Richard Webber by the Foreperson of the Grand Jury. Referred to Magistrate Judge Adelman as to Darain Atkinson (1) count(s) 1, 2, 4, Cory Atkinson (2) count(s) 1, 3, 5. (Attachments: # (1) Criminal Cover Sheet) (KLK)
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                                                                                                                                                                                    Blank  Case Assignment Local Rule 2.08
                                                                                                                                                                                    Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW)
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