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02-257 - USA v. Adams


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02-257 - USA v. Adams
June 5, 2006
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ORDER as to Roland Adams (1) signed by Judge Edward J. Garcia on 6/2/06 ORDERING that the motion for new trial 130 is DEFERRED, pending resolution of dft's appeal. The motion for a stay of enforcement of judgment 128, brought pursuant to FRCP 62(b) is inapposite to these criminal proceedings and on that basis is DENIED. (Duong, D)
August 16, 2006
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ORDER as to Roland Adams signed by Judge Edward J. Garcia on 08/10/06 re 149 ORDERING that. The Clerk of Court is directed to photocopy the March 11, 2005 transcript and send it to defendant. In addition, the Clerk shall serve a copy of this order on Dennis McKinnon, Official Court Reporter for the Eastern District to ensure transcription the 2004 proceeding by, as well as payment therefor to, Diamond Reporters. Upon completion, the transcript shall be filed with the Court and the Clerk shall serve a copy on the defendant. (cc: Dennis McKinnon) (Duong, D)
August 29, 2006
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ORDER for WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Judge Dale A. Drozd on 08/29/06: The USM are to produce detainee Roland Adams, on 10/06/06 at 10:00 AM, and any further proceedings to be had in this case. (cc: 3 certifed copies to the USM) (Kirkpatrick, S)
October 30, 2006
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ORDER as to Roland Adams signed by Judge Edward J. Garcia on 10/30/06 ORDERING that to the extent defendant has requested appointment of counsel on all motions he has filed, the request is denied. Rather, the court, on its own initiative and with the concurrence of defendant, appoints counsel Michael Bigelow to represent defendant in connection with the remanded portion of the case, only. The motion for new trial on Counts Nine & Ten 157 (the forfeiture portion of Cr. No. 02-0257 EJG), is DENIED as premature, that portion of the case having been remanded. The motion to proceed pro se, for an investigator, and for advisory counsel on Counts Nine & Ten is deemed WITHDRAWN. The motions to dismiss Counts Nine & Ten, and for a return of 529 account funds 177, are DENIED without prejudice should appointed counsel decide to renew them. All other presently pending motions, including those for ancillary hearings filed by third party claimants, are held in abeyance until the remanded portion of the case has been resolved. The Clerk is directed to add Mr. Bigelow to the service list and to serve a copy of this order on the following persons: Assistant U.S. Attorney Camil Skipper, Michael Bigelow (appointed attorney for defendant on the remanded portion of Cr. No 02-257), defendant Roland Adams, Bruce Locke (attorney for Bodisere Okonma), Sharon Dutton (attorney for World Savings Bank), the United States Probation Office, and the United States Marshal's Office. The writ issued to bring defendant to court for the status conference is now discharged and he may be returned after October 31, 2006 to the Federal Correctional Institution where he is serving his sentence. (cc: Roland Adams, Bruce Locke, Sharon Dutton, USs Probation and USM). (Duong, D)
November 28, 2006
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BRIEFING SCHEDULE ORDER re 189 Notice of Appeal. (Carlos, K)
December 19, 2006
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ORDER granting 201 Motion to proceed on appeal in forma pauperis as to Roland Adams (1) signed by Judge Edward J. Garcia on 12/18/06. (cc 9th Circuit)(Duong, D) Modified on 12/19/2006 (Duong, D).
January 9, 2007
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STIPULATION and ORDER signed by Judge Edward J. Garcia on 01/08/07 re 209 ORDERING that Status Conference CONTINUED to 2/9/2007 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. Each party shall file a status report detailing its plan on how to proceed by 1/25/07. (Duong, D)
February 12, 2007
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ORDER AND WRIT signed by Judge Edward J. Garcia on 2/12/07 GRANTING application for writ fo habeas corpus ad testificandum as to Roland Adams. Appearance is necessary on 3/23/07 at 10:00 am. (cc: 3 certifed copies on USM) (Engbretson, K.)
February 27, 2007
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ORDER as to Roland Adams signed by Judge Edward J. Garcia on 02/26/07 ORDERING that an Evidentiary Hearing will be held on 3/23/2007 at 10:00 AM, limited to the issue remanded by the Ninth CircuitCourt of Appeals concerning the amount of proceeds derived fromthe fraud. The government is directed to file a brief, outlining the exhibits and testimony it will present at the hearing. The brief shall be filed with the court and served on Mr. Bigelow by close of business March 16, 2007. Following the hearing, a status conference will be held to establish a briefing schedule on the defendant's motions pending before the court in pro per. Defendant's presence at the hearing is required. A writ of habeas corpus ad testificandum will issue under separate cover . (Duong, D)
April 17, 2007
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ORDER as to Roland Adams signed by Judge Edward J. Garcia on 04/16/07 ORDERING that dfts' motion for voluntary withdrawal of judge 223,interpreted by the court as a motion for disqualification, is DENIED. The hearing on the remanded issues in Cr. No. 02-0257 EJG is CONTINUED to 2:00 pm, May 16, 2007. The status conference in both Cr. No. 02-0257 EJG and Cr. No. 02-0560 is also CONTINUED to May 16, 2007. The government shall file its supporting documents as directed by the court no later than May 7, 2007. Mr. Bigelow shall file his response no later than May 11, 2007. All pending motions remain in abeyance. (Duong, D)
May 29, 2007
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ORDER AFTER REMAND AND ORDER AFTER STATUS CONFERENCE as to Roland Adams signed by Judge Edward J. Garcia on 05/25/07 ORDERING that the court finds a total of $199,670.15 with a balance of $112,085.15 to be forfeited. The U.S. Attorney shall prepare an order of forfeiture in the amount of $111,962.76. The court will enter an amended judgment on Counts one, Seven, Nine and Ten of Cr. No. S-02-0257. Mr. Bigelow is relieved of further representation of defendant. The United States Marshal is directed to return defendant to the federal penitentiary to which he has been designated for service of his sentence. Defendant shall file and serve his third amended 2255 petition with respect to Counts One and Seven of the fraud case, Cr. No. S-02-0257, within 60 days from the filing date of this order. Defendant's motion for new trial in the immigration case 117, Cr. No. 02-0560, is ordered SUBMITTED and will be resolved in a separate order. The Clerk is directed to serve a copy of this order on AUSA Skipper, attorney Michael Bigelow and Roland Adams. Service on Adams shall be at BOTH the Sacramento Co. Jail andMcRae Correctional Facility, Reg #13785-097, P. O. Drawer 30, McRae, Georgia 31055. (cc Roland Adams at McRae, GA) (Duong, D) Modified on 5/29/2007 (Duong, D).
June 5, 2007
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ORDER signed by Judge Edward J. Garcia on 6/4/07 GRANTING government's 254 Application for Amended Preliminary Order of Forfeiture and Publication as to defendant Roland Adams. (Marciel, M)
June 5, 2007
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ORDER as to Roland Adams re 249 Request for Transcripts, signed by Judge Edward J. Garcia on 5/31/07. The court finds dft's request for the transcripts reasonably necessary to assist in dft's appeal. The Clerk shall serve a copy of this order on Kelly O'Halloran, Court Reporter, to ensure transcription of the proceedings, as well as pymt therefor to the designated court reporters. Upon completion, the transcripts shall be filed with the Court and the Clerk shall serve copies on the dft. The Clerk shall serve a copy of this order on dft at both the Sacramento County Jail and McRae Correctional Facility. (Kastilahn, A)
July 20, 2007
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AMENDED JUDGMENT and COMMITMENT as to Roland Adams signed by Judge Edward J. Garcia on July 9, 2007. (Lydon, C)
September 21, 2007
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ORDER MODIFYING BRIEFING SCHEDULE signed by Judge Edward J. Garcia on 9/20/2007 ORDERING re 218 Amended Motion to Vacate under 28:2255; Govt shall file and serve a response brief within 30 days from the filing date of this order. Dft may file and serve a reply within 30 days from the filing date of the response. The Govt is directed to re-serve dft with these three documents #272, 273 and 274, within 5 days from the filing date of this order, and to file a proof of service with the court. Dft may file a reply within 30 days from the filing date of the proof of re-service. Dft's pending 28:2255 motion in 2:05CR560 EJG (the immigration case) is fully briefed and stands SUBMITTED. Dft's pending motion for new trial in 2:05CR560 EJG is fully briefed and stands SUBMITTED. The Clerk of Court is directed to serve a copy of this order on dft Roland Adams. (Reader, L)
December 21, 2007
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ORDER signed by Judge Edward J. Garcia on 12/20/07 as to Roland Adams GRANTING 299 Motion to Withdraw 2255. Roland Adams terminated. (Dillon, M)
January 15, 2008
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ORDER signed by Judge Edward J. Garcia on 1/11/08 DENYING dfts' motion to dismiss Counts Nine and Ten, motion for a new trial on Counts Nine and Ten, and 292 motion for return of 529 funds. (Kastilahn, A)
March 6, 2008
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ORDER as to Roland Adams signed by Senior Judge Edward J. Garcia on 3/5/08 ORDERING that the motion for return of property is DENIED. (Duong, D)
October 5, 2009
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AMENDED JUDGMENT as to Roland Adams signed by Senior Judge Edward J. Garcia on 10/05/2009. (Schultz, C)
April 30, 2010
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ORDER as to Roland Adams signed by Senior Judge Edward J. Garcia on 4/28/2010 ORDERING the United States to file a response to the petition and motion within 14 days from the filing of this order. (Matson, R)
April 11, 2011
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ORDER signed by Senior Judge Edward J. Garcia on 4/11/11 ORDERING defendant's motion to vacate, set aside or correct his sentence is DENIED. (Becknal, R) Civil Case 2:10-cv-00841-EJG closed.
July 12, 2011
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4th Amended JUDGMENT and COMMITMENT as to Roland Adams signed by Senior Judge Edward J. Garcia on July 7, 2011. (Lydon, C)
October 13, 2011
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ORDER signed by Senior Judge Edward J. Garcia on 10/12/2011 DENYING 357 Motion for Certificate of Appealability as to Roland Adams (1). (Reader, L)
November 1, 2012
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AMENDED STIPULATION and ORDER signed by Senior Judge Edward J. Garcia on 11/1/2012 re 362 Stipulation and Proposed Order - CR. (Waggoner, D)
May 31, 2013
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ORDER signed by Senior Judge William B. Shubb on May 31, 2013 as to defendant Roland Adams re 366. Defendant's Petition for Stay of Forfeiture Order 330, as well as his Petition to Vacate Restitution and Forfeiture Orders [330-1] are therefore DENIED for the reasons that the issues sought to be raised therein have been adjudicated adversely to defendant by the Court of Appeals. (Rivas, A)
January 14, 2014
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STIPULATION and ORDER 374 signed by Senior Judge William B. Shubb on 1/14/14, ORDERING that the Court hereby enters a Final Order of Forfeiture on the terms set forth in the parties' Stipulated Settlement. (Kastilahn, A)