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10-273 - USA v. McDonald et al


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10-273 - USA v. McDonald et al
February 7, 2011
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ORDER entered 54 Motion to Continue-Ends of Justice as to Bruce Edward McDonald. Provided that defendant files his waiver of speedy trial, the motion to continue trial is GRANTED and this action as to defendant McDonald is continued to the March 2011 criminal trial term with jury selection to be held on February 28, 2011. However, this continuance is contingent upon defendant Bruce Edward McDonald filing a written waiver of his right to a speedy trial, signed by McDonald, not later than Tuesday, February 8, 2011 at 3:00 p.m. The Clerk of the Court is directed to refer this action to the appropriate Magistrate Judge to reschedule a pretrial conference. Signed by Judge Kristi K. DuBose on 2/7/2011. (mca)
February 8, 2011
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ORDER entered re; 57 Motion to Determine Conflict of Interest as to Timothy Wayne Seabury. The Court finds that the conflict is too extensive to assume that Seabury could receive effective assistance of counsel. Thus, his present counsel are disqualified from further representation. Accordingly, it is ORDERED that Neil Hanley is hereby appointed to represent Seabury. This action is continued to the March 2011 criminal trial term with jury selection to be held on February 28, 2011. The Clerk of the Court is directed to refer this action to the appropriate Magistrate Judge to schedule a pretrial conference. Defendant Seabury's Motion to Sever 60 is MOOT. Signed by Judge Kristi K. DuBose on 2/8/2011. (mca)
March 16, 2011
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ORDER entered re; 83 Motion to Continue-Ends of Justice as to Timothy Wayne Seabury. The Court finds that neither the defendant nor the United States will be unduly prejudiced by a continuance of this trial into the May 2011 criminal term; therefore, the defendants motion is GRANTED and the trial is CONTINUED for one month with jury selection rescheduled for May 2, 2011. Defendant shall file a waiver of his speedy trial rights not later than 3/25/2011. The Clerk of Court is directed to refer this matter to the appropriate Magistrate Judge for scheduling a new pretrial conference. Signed by Magistrate Judge William E. Cassady on 3/16/2011. (mca)
March 18, 2011
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ORDER entered denying 78 Motion for Reconsideration of the Court's February 8, 2011 Order disqualifying counsel as to Timothy Wayne Seabury. Signed by Judge Kristi K. DuBose on 3/18/2011. (mca)
April 29, 2011
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ENDORSED ORDER entered re; 94Unopposed Motion to Continue-Ends of Justice as to Timothy Wayne Seabury. However, this continuance is contingent upon defendant Seabury filing a written waiver of his right to a speedy trial signed by Seabury on or before Friday, April 29, 2011. Accordingly, provided that Seabury files his waiver of speedy trial, the motion to continue trial (doc. 94) is GRANTED and this case is continued to the June 2011 criminal trial term with jury selection to be held on Tuesday, May 31, 2011. The Clerk of the Court is directed to refer this matter to the appropriate Magistrate Judge to reschedule a pretrial conference. Signed by Judge Kristi K. DuBose on 4/29/2011. (mca)
June 3, 2011
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ORDER denying 53 Motion in Limine as to Timothy Wayne Seabury as set out. Signed by Chief Judge William H. Steele on 6/3/2011. Copies to counsel & USPO. (mpp)
July 12, 2013
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JUDGMENT as to Bruce Edward McDonald. Defendant was sentenced to the custody of the Bureau of Prisons for a term of 210 months, said term consists of 150 months, as to each of Counts 1 and 5, to run concurrently; and, 60 months, as to Count 6; said term to run consecutively to the custody sentences imposed in Counts 1 and 5, with special conditions. SRT 10 years, Said term consists of 10 years as to Count 1, 6 years as to Count 5; and, 5 years as to Count 6, all terms to run concurrently, with special conditions. No fine imposed. SA $300. The defendant was remanded to the custody of the U.S. Marshal. Signed by Judge Kristi K. DuBose on 7/11/2013. (mca)
October 17, 2014
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REPORT AND RECOMMENDATIONS as to Timothy Wayne Seabury re 171 MOTION to Vacate under 28 U.S.C. 2255 filed by Timothy Wayne Seabury be denied. Objections to R&R due by 11/6/2014. Signed by Magistrate Judge Katherine P. Nelson on 10/16/14.Copy mailed to petitioner at USP Pollock. (mbp)
November 18, 2014
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ORDER adopting the 176 Report and Recommendations as to Timothy Wayne Seabury (2). Signed by Chief Judge William H. Steele on 11/18/2014. Copy mailed to defendant at USP Pollock. (tgw) Civil Case 1:14-cv-00232-WS closed.
November 18, 2014
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JUDGMENT as to Timothy Wayne Seabury: It is hereby ORDERED, ADJUDGED, and DECREED that this Court may not consider the 171 MOTION to Vacate under 28 U.S.C. 2255 due to untimeliness. The petition is due to be and is hereby DISMISSED. The petitioner is not entitled to a certificate of appealability and is therefore not entitled to appeal in forma pauperis. Signed by Chief Judge William H. Steele on 11/18/2014. Copy mailed to defendant at USP Pollock (tgw)
September 14, 2016
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ORDER granting 186 Motion to Reduce Sentence as to Bruce Edward McDonald. Defendant's term of imprisonment is reduced to TIME SERVED. Signed by Judge Kristi K. DuBose on 9/14/2016. (mcb) (Main Document 188 replaced on 9/14/2016) (mcb).