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15-199 - USA v. McNeal


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15-199 - USA v. McNeal
June 17, 2015
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***RESCINDED PER ORDER of 2/26/16**** PRELIMINARY ORDER OF FORFEITURE granting 38 Motion for PRELIMINARY FORFEITURE OF PROPERTY as to Eldrick Deon McNeal (1) as further directed in ordfer. Signed by Honorable Judge Myron H. Thompson on 6/17/2015. (ag, ) Modified on 2/26/2016 to add text (war, ).
November 30, 2015
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OPINION and ORDER as to Eldrick Deon McNeal granting 55 MOTION for Evaluation filed by Eldrick Deon McNeal as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/30/2015. (ag, )
November 30, 2015
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ORDER as to Eldrick Deon McNeal granting 53 MOTION to Continue Sentencing Hearing filed by Eldrick Deon McNeal and that sentencing is continued generally (terminated sentencing set for 12/15/15). Signed by Honorable Judge Myron H. Thompson on 11/30/2015. (ag, )
February 10, 2016
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ORDER as to Eldrick Deon McNeal Hearing re whether his guilty plea should be vacated set for 2/22/2016 10:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. It is further ORDERED (1) that the United States Marshal for the Middle District of Alabama is to ensure that defendant McNeal remains at the Federal Correctional Institution in Butner, North Carolina, pending this hearing and (2) that the clerk of the of the court is to arrange for defendant McNeal , and mental-health professionals responsible for evaluating him, to participate in the hearing by videoconference. Signed by Honorable Judge Myron H. Thompson on 2/10/2016. (ag, ) Modified on 2/22/2016 (ag, ).
February 23, 2016
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ORDER as to Eldrick Deon McNeal that defendant Eldrick Deon McNeal's oral motion to withdraw guilty plea is granted and that his guilty plea, which was entered on June 9, 2015, is withdrawn. Signed by Honorable Judge Myron H. Thompson on 2/23/2016. (ag, )
February 26, 2016
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OPINION and ORDER (1) Defendant Eldrick Deon McNeal is declared mentally incompetent to stand trial in this case and is recommitted to the custody of the Attorney General of the United States pursuant to 18 U.S.C. § 4241(d). (2) The Attorney General shall, pursuant to 18 U.S.C. § 4241(d)(1), hospitalize defendant McNeal in a suitable facility for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future defendant McNeal will attain the capacity to permit his trial to proceed. (3) The mental-health personnel supervising defendant McNeals commitment shall produce a brief status report every 30 days summarizing his progress towards restoration; such status reports, as well as any additional or final reports addressing defendant McNeals competency, shall be filed with this court under seal and disclosed to defense counsel, the United States Attorney, and the United States Probation (4) If the director of the facility in which defendant McNeal is hospitalized determines that he has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, he shall promptly file a certificate and report to that effect with the clerk of the court, pursuant to 18 U.S.C. § 4241(e). (5) If the director determines that defendant McNeal has successfully been restored to competency, he shall also instruct his staff to conduct a separate examination pursuant to 18 U.S.C. §§ 4242(a) and 4247(b) and (c) as to whether defendant McNeal was sane at the time of the alleged offense, the results of which should be described in a separate report to be filed with this court under seal and disclosed only to defense counsel. as to Eldrick Deon McNeal. Signed by Honorable Judge Myron H. Thompson on 2/26/16. (war, )
February 26, 2016
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ORDER granting 70 Motion to rescind preliminary forfeiture order no. 70 as to Eldrick Deon McNeal (1) and the preliminary order of forfeiture (doc. no. 39) is rescinded and declared void ab initio. Signed by Honorable Judge Myron H. Thompson on 2/26/16. (war, )
November 4, 2016
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ORDER as to Eldrick Deon McNeal that defendant Eldrick Deon McNeal is committed to the custody of the Attorney General for an additional period lasting until no later than December 31, 2016, for further competency-restoration efforts. Signed by Honorable Judge Myron H. Thompson on 11/4/2016. (ag, )
December 7, 2016
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ORDER denying 84 Motion to Amend/Correct as to Eldrick Deon McNeal (1). Signed by Honorable Judge Myron H. Thompson on 12/7/16. (war, )
April 21, 2017
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OPINION and ORDER as to Eldrick Deon McNeal to include Ends of Justice (Time excluded from 5/15/2017 until 9/5/2017) granting 92 MOTION to Continue trial filed by Eldrick Deon McNeal and resetting Jury Selection & Trial now set for 5/15/17 to 9/5/2017 10:00 AM in 2FMJ before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 4/21/2017. (ag, )
May 11, 2017
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OPINION and ORDER as to Eldrick Deon McNeal: Resetting Competency Hearing now set for 5/18 to 6/1/2017 10:00 AM in 2FMJ before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/11/2017. (ag, )
June 2, 2017
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OPINION and ORDER as to Eldrick Deon McNeal that he is returned to the custody of the AttorneyGeneral for an additional period lasting until no laterthan December 2, 2017, for further competency-restoration efforts, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/2/2017. (ag, )
February 5, 2018
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OPINION and ORDER as to Eldrick Deon McNeal that defendant Eldrick Deon McNeal is declared mentally competent to stand trial in this case. It is further ORDERED as follows: (1) The United States Marshal Service is forthwith to return defendant McNeal from the Federal Medical Center, Butner, to a local facility; (2) Defendant McNeal is to be transferred to a local facility in which he is able to receive his medications as currently prescribed; (3) While in transit from FMC Butner to a local facility, defendant McNeal is to receive his medications as currently prescribed, with no gaps in treatment, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 2/5/2018. (ag, ) (Main Document 122 replaced on 2/5/2018) (ag, ).
April 17, 2018
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OPINION and ORDER to include Ends of Justice as to Eldrick Deon McNeal (Time excluded from 4/16/2018 until 8/6/2018) granting 167 Joint MOTION to Continue trial filed by Eldrick Deon McNeal and USA: Resetting Jury Selection & Trial now set for 4/16/18 to 8/6/2018 10:00 AM in CR 2FMJ before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 4/17/2018. (ag, )
April 17, 2018
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ORDER denying 163 Motion in Limine ); denying 164 Motion in Limine (1); denying 165 Motion in Limine (1); denying 166 Motion in Limine as to Eldrick Deon McNeal (1) all without prejudice and with leave to renew in a timely manner. Signed by Honorable Judge Myron H. Thompson on 4/17/2018. (ag, )
June 18, 2018
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OPINION AND ORDER as to Eldrick Deon McNeal, ORDER as follows: (1) Defendant Eldrick Deon McNeal is declared mentally incompetent to stand trial in this case and is recommitted to the custody of the Attorney General of the United States pursuant to 18 U.S.C. § 4241(d), \as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/18/2018. (ag, )
June 18, 2018
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OPINION and ORDER as to Eldrick Deon McNeal granting 195 MOTION to Continue trial filed by Eldrick Deon McNeal, (2) The jury selection and trial, now set for August 6, 2018, are continued generally, pending resolution of the issue of defendant McNeal's mental competency. Signed by Honorable Judge Myron H. Thompson on 6/18/2018. (ag, )
July 18, 2018
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ORDER as to Eldrick Deon McNeal that arrangements will be made so that defendant Eldrick Deon McNeal can stay at the Bureau of Prisons (BOP) facility until just before and immediately after any court proceeding as further set out. Signed by Honorable Judge Myron H. Thompson on 7/18/2018. (ag, )