USA v. Reilly

Criminal Case Rhode Island District Court, Case No. 1:95-cr-00088-B
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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 Richard W. Rose +7095 709 709 5000 +7095 709 709 5001 richard.rose@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:

Attributes
Office Providence
Filed 10/17/1995
County Providence
Terminated 5/16/1996
Reopened
Other Court Case None
Count 1
Citation Section 21 U.S.C. § 841A=CD.F
Offense Level 4
21841 Possession with intent to distribute 5 grams or more of a mixture containing cocaine, a Schedule II Controlled Substance
Def Custody Status Released
Flag CLOSED
Timeline
  Entries (31) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 23 Filed: 7/19/1996, Entered: 7/19/1996
MANDATE OF USCA (certified copy) as to Kevin G. Reilly Re: [21-1] appeal dismissing appeal (McCabe, F)
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Blank -- Filed: 7/19/1996, Entered: 7/19/1996
Record on Appeal as to Kevin G. Reilly returned from U.S. Court of Appeals: [21-1] appeal (McCabe, F)
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Blank 22 Filed: 6/13/1996, Entered: 6/13/1996
Certificate of Clerk transmitting Record on Appeal to U.S. Court of Appeals as to Kevin G. Reilly : [21-1] appeal (McCabe, F)
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Blank 21 Filed: 6/12/1996, Entered: 6/12/1996, Terminated: 7/19/1996 Notice of Appeal -Final Judgment
NOTICE OF APPEAL by USA as to Kevin G. Reilly (1) count(s) 1 Appeal record due on 7/12/96 for Kevin G. Reilly (McCabe, F)
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Blank 20 Filed: 6/3/1996, Entered: 6/4/1996 OrderCourt Filing
ORDER as to Kevin G. Reilly granting Motion for release of $50,000 bond to Thomas Boyle and Thomas Goodwin ( Signed by Judge Francis J. Boyle ) Certified copy of order given to Financial. (Kizior, L)
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Blank 19 Filed: 5/28/1996, Entered: 5/28/1996
TRANSCRIPT OF proceedings before J. Boyle for dates of 5/16/96 (McCabe, F)
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Blank 18 Filed: 5/23/1996, Entered: 5/24/1996 Motion for Miscellaneous Relief
MOTION by USA as to Kevin G. Reilly to include memoranda and correspondence on the record. (McCabe, F)
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Blank 17 Filed: 5/20/1996, Entered: 5/20/1996 Court Filing
JUDGMENT as to Kevin G. Reilly (1) count(s) 1. Dft. sentenced to 5 years Probation, $50.00 SA and $7,500.00 Fine. Also, the cost of supervision will be paid on a monthly basis during the period of Probation at the rate of $195.30/mo. The initial 6 months of Probation shall be spent in home confinement, with exceptions for employment purposes, religious services and medical appointments. ( Signed by Judge Francis J. Boyle ) (McCabe, F)
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Blank 16 Filed: 5/17/1996, Entered: 5/17/1996, Terminated: 5/20/1996 Motion to Release Bond Obligation
MOTION by Thomas C. Boyle and Thomas N. Goodwin for Kevin G. Reilly to Release Bond Obligation (McCabe, F)
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Blank 15 Filed: 5/16/1996, Entered: 5/16/1996
Minute entry as to Kevin G. Reilly : Sentencing held. Dft. sentenced to 5 yrs. Probation, 6 mos. to be served in home confinement. $50.00 SA, $7,500.00 fine. Cost of Probation to be paid in monthly installments. (McCabe, F)
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Blank -- Filed: 5/16/1996, Entered: 5/16/1996
Sentencing held Kevin G. Reilly (1) count(s) 1 : R.Rose for Gvt./ Bill Dimitri for Dft.. Dimitri asks court to order Justice Dept. to provide information. Court cites Armstrong case in showing that there is a heavy burden on the defense to force the Gvt. to provide such information, and denies oral motion of Dft.. Ct. also addresses "aberrant behavior" defense, citing Grandmaison case. Ct. reads letters in support of Dft.. Ct. decides for downward departure of two points to level 10. Dimitri concurs. Rose objects. Reilly addresses Ct.. court sentences Dft. to 5 yrs. Probation w/6 mos. home confinement and permission to work, attend religious services. Fine imposed of $7,500.00. SA of $50.00. Dft. to pay the cost of Probation on a monthly istallment basis of $195.30/mo.. (McCabe, F)
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Blank 14 Filed: 4/15/1996, Entered: 4/16/1996 Terminated:
MOTION by USA as to Kevin G. Reilly to Enlarge Time to file response to Court's inquiries of April 3, 1996 until April 30, 1996. No objection from Dft.. (McCabe, F)
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Blank 13 Filed: 4/3/1996, Entered: 4/3/1996, Terminated: 5/20/1996 Motion for Miscellaneous Relief
MOTION by Kevin G. Reilly for downward departure. (McCabe, F)
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Blank -- Filed: 4/3/1996, Entered: 4/4/1996 In Chambers Conference
In-chambers conference as to Kevin G. Reilly held. Counsel and defendant present. Louis Spertini, Court Reporter present. (Kizior, L)
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Blank 12 Filed: 3/18/1996, Entered: 3/18/1996
TRANSCRIPT OF proceedings before J. Boyle for dates of 3/1/96 (McCabe, F)
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Blank 11 Filed: 3/1/1996, Entered: 3/1/1996
ENTRY of appearance for Kevin G. Reilly by William C. Dimitri (retroactive to 10/18/95). (McCabe, F)
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Blank 10 Filed: 3/1/1996, Entered: 3/1/1996
Minute entry as to Kevin G. Reilly : re:sentencing. Sentencing to be continued. (McCabe, F)
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Blank -- Filed: 3/1/1996, Entered: 3/1/1996
Sentencing held Kevin G. Reilly (1) count(s) 1: Gvt. has no objections to PSR. Dft. objects to lack of downward departure. Dft. argues for downward departure for unusual or aberrant behavior by Dft., excellent employment record and support of family. Gvt. objects to downward departure on grounds as substantial amount of drugs and this is not the first "adopted" case (from State to Federal Ct.). Gvt. objects to any downward departure on the grounds of substantial amount of crack present and no mitigating circumstances shown that are not already covered under the Guidelines. Dft. rebuts. Ct. requests Gvt. to provide written Justice Dept. guidelines w/respect to crack cocaine cases. If none available, then that the name of the U.S. prosecutor quoted in the named newspaper. Also, law on question of whether the Ct. can depart downward where Justice Dept. admits that there is disparity in different Districts and such disparities would effect downward departures. Dft. asks for 3 weeks to submit memorandum. Dft. to file written motion for downward departure. Sentencing to be rescheduled. (McCabe, F)
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Blank -- Filed: 2/29/1996, Entered: 2/29/1996
Sentencing set for 9:30 3/1/96 for Kevin G. Reilly Before Judge Francis J. Boyle Kevin G. Reilly (1) count(s) 1 (Kizior, L)
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Blank 9 Filed: 12/12/1995, Entered: 12/12/1995
Minute entry as to Kevin G. Reilly : CHANGE OF PLEA HEARING: R. Rose for Gvt./Wm. Dimitri for Dft.. Gvt. would prove Dft. attempted to sell crack at a Providence nightclub. Continued until 12:30. Dft. will plead. Dft. sworn, and colloquy given. Dft. pleads guilty. Sentencing set for 3/1/95 at 9:30. (McCabe, F) Modified on 12/12/1995
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Blank 8 Filed: 12/7/1995, Entered: 12/7/1995
Original executed Plea Agreement as to Kevin G. Reilly filed. (McCabe, F)
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Blank 7 Filed: 11/2/1995, Entered: 11/2/1995
WARRANT RETURNED EXECUTED (Indictment) by USA as to Kevin G. Reilly (McCabe, F)
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Blank 6 Filed: 10/18/1995, Entered: 10/25/1995 Arraignment OrderCourt Filing
ARRAIGNMENT ORDER as to Kevin G. Reilly setting Discovery cutoff 11/20/95 for Kevin G. Reilly ; Motion Filing deadline on 11/20/95 for Kevin G. Reilly ; Pretrial Conference for 12:30 12/5/95 for Kevin G. Reilly before Judge Francis J. Boyle . Placed on Continuous Trial Calendar for 11/30/95. ( Signed by Magistrate Judge Robert W. Lovegreen ) (FarrellPletcher, P)
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Blank 5 Filed: 10/18/1995, Entered: 10/25/1995 Order Setting Conditions of ReleaseCourt Filing
ORDER Setting Conditions of Release as to Kevin G. Reilly ( Signed by Magistrate Judge Robert W. Lovegreen ) (FarrellPletcher, P)
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Blank 4 Filed: 10/18/1995, Entered: 10/25/1995 Docket Annotation
AGREEMENT to forfeit property by Kevin G. Reilly (FarrellPletcher, P)
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Blank 3 Filed: 10/18/1995, Entered: 10/25/1995 Bond
Appearance BOND entered by Kevin G. Reilly in Amount $ 50,000.00 (FarrellPletcher, P)
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Blank -- Filed: 10/18/1995, Entered: 10/25/1995 Bond Hearing
Bail hearing as to Kevin G. Reilly held before Magistrate Judge Lovegreen. (DiMitri, Rose) Attorneys argue. Court releases defendant on $50,000.00 full surety bail. (FarrellPletcher, P)
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Blank -- Filed: 10/18/1995, Entered: 10/25/1995 Initial Appearance
Arraignment I.A. as to Kevin G. Reilly held before Magistrate Judge Lovegreen. (Rose, DiMitri) Arraignment set for 10/18/95 for Kevin G. Reilly (Defendant informed of rights.) Defendant pleads not guilty. (FarrellPletcher, P)
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Blank -- Filed: 10/18/1995, Entered: 10/25/1995 Arrest
ARREST of Kevin G. Reilly (FarrellPletcher, P)
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Blank 2 Filed: 10/17/1995, Entered: 10/17/1995
Arrest WARRANT issued as to Kevin G. Reilly (FarrellPletcher, P)
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Blank 1 Filed: 10/17/1995, Entered: 10/17/1995
INDICTMENT as to Kevin G. Reilly (1) count(s) 1 (FarrellPletcher, P)
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