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07-204 - USA v. Jones


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07-204 - USA v. Jones
October 23, 2007
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ORDER ON ARRAIGNMENT TO INCLUDE ORDER TO CONTINUE - Ends of Justice as to Kiwanis Miyo Jones. Pretrial Conference set for 11/19/2007 09:00 AM in Courtroom 5A before Honorable Wallace Capel Jr.. Jury Trial set for 1/14/2008 before Hon. Chief Judge Mark E. Fuller. Pretrial Motions due by 11/17/2007. Response to Motion due by 11/29/2007. Discovery due by 10/24/2007.. Signed by Judge Susan Russ Walker on 10/23/07. (kcg, )
December 7, 2007
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RECOMMENDATION OF THE MAGISTRATE JUDGE as to Kiwanis Miyo Jones re 21 Supplemental MOTION to Suppress, and 19 MOTION to Suppress. Objections to R&R due by 12/20/2007. Signed by Judge Wallace Capel Jr. on 12/7/07. (kcg, )
December 26, 2007
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ORDER adopting 31 Report and Recommendation (1); overruling 32 objections to recommendation; denying 19 and 21 Motions to Suppress as to Kiwanis Miyo Jones (1);. Signed by Judge Mark E. Fuller on 12/26/07. (ajr, )
March 13, 2008
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ORDER as to Kiwanis Miyo Jones re 57 MOTION for Judgment of Acquittal and/or New Trial filed by Kiwanis Miyo Jones. Federal Rule of Criminal Procedure 29(c)(1) requires a motion for a judgment of acquittal to be filed "within 7 days after a guilty verdict or after the court discharges the jury, whichever is later." Furthermore, Rule 33(b)(2) requires a motion for new trial, other than a motion grounded on newly discovered evidence, to be filed "within 7 days after the verdict or finding of guilty." On January 17, 2008, a jury found Jones guilty of all six counts of the indictment against him. Therefore, any motion for a judgment of acquittal or new trial was required by Rules 29 and 33, respectively, to be filed on or before January 28, 2008. The motion currently before the court was filed on March 12, 2008, more than one month past the seven day window. However, Rule 45(b)(1)(B) allows this Court to extend the time for filing for "good cause," after the deadline has already expired, if the party failed to act because of "excusable neglect." For the reasons stated above, it is hereby ORDERED that on or before 3/19/2008, Defendant shall SHOW CAUSE why good cause exists to extend the time for filing under Rule 45(b)(1)(B). Signed by Judge Mark E. Fuller on 3/13/08. (kcg, )
March 28, 2008
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MEMORANDUM OPINION AND ORDER as to Kiwanis Miyo Jones. This cause is before the Court on Defendant Kiwanis Miyo Jones's ("Jones") Motion for Acquittal (Doc. #57), filed March 12, 2008, which this Court construes as containing a motion to extend the Rule 29 and Rule 33 filing deadlines. For the reasons stated, it is hereby ORDERED that: (1) The Defendant's construed Motion to Extend the Rules 29 and 33 Filing Deadlines (Doc. #57) is GRANTED to and including March 12 2008. (2) The United States shall file a response to 57 MOTION for Judgment of Acquittal and/or New Trial on or before 4/16/2008. Signed by Judge Mark E. Fuller on 3/28/08. (kcg, )
April 29, 2008
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MEMORANDUM OPINION AND ORDER as to Kiwanis Miyo Jones that for the reasons stated, it is hereby ORDERED that the Defendant's 57 MOTION for Judgment of Acquittal and/or New Trial is DENIED, as further set out. Signed by Hon. Chief Judge Mark E. Fuller on 4/29/08. (kcg, )
May 19, 2008
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JUDGMENT as to Kiwanis Miyo Jones (1), Count(s) 1, 2, 3, 4, 5, 6, Life Imp plus 60 Mos w/this term consisting of Life on Ct 1, 360 Mos on Cts 2 and 4, and 120 Mos on Cts 3 and 6, all to be served CC; Ct 5 consists of 60 Mos to be served CS to all other Cts, to the extent necessary to produce a total term of Life plus 60 Mos; 10 Yrs Sup Rel consisting of 10 Yrs on Ct 1, 6 Yrs on Cts 2 and 4, 4 Yrs on Ct 3, 5 Yrs on Ct 5, and 3 Yrs on Ct 6, all to run CC; $600 SA. Signed by Hon. Chief Judge Mark E. Fuller on 5/19/08. (kcg, )