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10-007 - USA v. HAMMOND et al


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10-007 - USA v. HAMMOND et al
January 18, 2011
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ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)ORDER re: 554 Motion to Suppress as to WESLEY S. HAMMOND (1), DAVID J. PITTS (4), BRADLEY S. SHELTON (5), ANTRIO D. HAMMOND (6), JWUAN MORELAND (7), JEFFREY L. DENNY (11), HERBERT D. PHIPPS (14), TIMOTHY BAILEY (18), SUSIE ANNETTE SMITH (19), DERRICK L. WORTHY (20), JOHN DOE (22), JACOB E. LOWE (25), DONALD ADKINS JR. (26), MICHAEL D. WEIR (27). For the reasons detailed herein, the Court DENIES the Defendants' Motion to Suppress, dkt. 554. See Order. Signed by Judge Jane Magnus-Stinson on 1/18/2011.(LBK)
February 2, 2011
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ORDER. For the reasons detailed herein, Defendant JACOB E. LOWE'S 555 Motion to Suppress is DENIED. Signed by Judge Jane Magnus-Stinson on 2/2/2011.(LBK)
February 7, 2011
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ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)ORDER denying 662 Motion in Limine to preclude Special Agent Freyberger from testifying as an expert regarding what the Government contends was code language used in intercepted telephone calls among the Defendants in this alleged drug conspiracy case. (See Entry for Details) Signed by Judge Jane Magnus-Stinson on 2/7/2011.(NKD)
February 19, 2013
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Entry Denying 1287 Motion for Modification of Sentence, as to TIMOTHY BAILEY (18). (See Entry.) Copy to defendant via US Mail. Signed by Judge Jane Magnus-Stinson on 2/19/2013.(RSF)
August 8, 2013
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ORDER - Defendant Melissa VanNess (17) has filed a Motion to Reduce Sentence, to which the government has objected, noting that the motion cites no legal basis for a sentence modification. The government is correct. Ms. Van Ness's Motion is DENIED. [Dkt. 1293.] Copy to defendant via US Mail. Signed by Judge Jane Magnus-Stinson on 8/8/2013.(RSF)
June 3, 2015
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ORDER granting 1417 Motion to Reduce Sentence - USSC Amendment 782 for DERRICK L. WORTHY (20), Count(s) 1, Sentence reduced to 87 months as to DERRICK L. WORTHY (20). Signed by Judge Larry J. McKinney on 6/3/2015. (AH)
June 3, 2015
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ORDER denying 1395 Motion to Reduce Sentence - USSC Amendment 782 for 1 as to OTHA T. SCOTT JR. (28). Signed by Judge Larry J. McKinney on 6/3/2015.(AH) ***Copy sent to Defendant via U.S. Mail on 6/9/2015*** Modified on 6/8/2015 (BGT).
October 21, 2015
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ORDER - denying 1405 Motion to Reduce Sentence - USSC Amendment 782 as to RANDOLPH CARR JR. (21). Mr. Carr was sentenced pursuant to a binding Plea Agreement that was not based on sentencing guideline calculations. In addition, because of his status as a Career Offender, the changes to the Drug Quantity Table did not reduce his total offense level. Thus, Mr. Carr is not eligible for a sentence reduction pursuant to Amendment 782. Copy to defendant via US Mail. Signed by Judge Larry J. McKinney on 10/21/2015.(RSF)
December 1, 2015
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ENTRY on 1361 Motion for Relief Pursuant to 28 U.S.C. § 2255 And Denial of Certificate of Appealability as to MELISSA VAN NESS (17). For the reasons explained in this Entry, the motion of Melissa Van Ness for relief pursuant to 28 U.S.C. § 2255 must be denied. In addition, the court finds that a certificate of appealability should not issue. (See Entry) Signed by Judge Jane Magnus-Stinson on 12/1/2015. Copy sent to defendant via US Mail. (GSO)
March 2, 2016
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Entry Discussing Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability as to Defendant WESLEY S. HAMMOND (1) - For the reasons explained in this Entry, the 1359 motion of Wesley S. Hammond ("Hammond") for relief pursuant to 28 U.S.C. § 2255 must be denied. In addition, the Court finds that a certificate of appealability should not issue. (See Entry.) Signed by Judge Jane Magnus-Stinson on 3/2/2016. Copy sent to Defendant via US Mail. (GSO) Modified on 3/2/2016 (GSO).
March 2, 2016
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ORDER denying 1439 Motion to Reduce Sentence - USSC Amendment 782 as to HERBERT D. PHIPPS (14). Signed by Judge Larry J. McKinney on 3/2/2016. Copy sent to Defendant via US Mail. (GSO)
April 11, 2016
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ORDER granting 1447 Motion to Reduce Sentence - USSC Amendment 782 for MICHAEL E. ADKINS (13) - Sentence reduced to 120 months. Signed by Judge Jane Magnus-Stinson on 4/11/2016. (GSO)
April 11, 2016
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ORDER granting 1437 Motion to Reduce Sentence - USSC Amendment 782 for DUSTIN M. McCOMBS (3): Sentence reduced to 121 months. Signed by Judge Jane Magnus-Stinson on 4/11/2016. (GSO)
April 11, 2016
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ORDER granting 1380 Motion to Reduce Sentence - USSC Amendment 782 for TIMOTHY BAILEY (18): Sentence reduced to 151 months. Signed by Judge Jane Magnus-Stinson on 4/11/2016. (GSO)
April 11, 2016
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ORDER granting 1398 Motion to Reduce Sentence - USSC Amendment 782 for SUSIE ANNETTE SMITH (19): Sentence reduced to 135 months. Signed by Judge Jane Magnus-Stinson on 4/11/2016. (GSO)
November 29, 2016
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ORDER as to SUSIE ANNETTE SMITH (19): Because the Court finds that Ms. Smith has already received a reduction for her role in the offense (so Amendment 794 does not offer her any further relief), and since Amendment 794 is not retroactive for collateral review, Ms. Smith's Motion for Modification or Reduction of Sentence, [Filing No. 1551], is DENIED ***SEE ORDER FOR ADDITIONAL INFORMATION***. Copy sent to Defendant via US Mail. Signed by Judge Jane Magnus-Stinson on 11/29/2016. Electronic Notice to USPO.(DW)
August 3, 2018
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REPORT AND RECOMMENDATIONS as to JWUAN MORELAND (7) re 1604 USPO Petition for SUMMONS /Violation of SUPERVISED RELEASE, filed by Officer Jennifer Considine as to JWUAN MORELAND (7). Signed by Magistrate Judge Craig M. McKee on 8/3/2018. (RSF)
August 27, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to JWUAN MORELAND (7) for 1627 Report and Recommendations, 1604 PROB12C - Petition for Warrant or Summons/Violation of SUPERVISED RELEASE. The Court now orders that the defendant's supervised release is therefore REVOKED. (See Order.) Signed by Judge Jane Magnus-Stinson on 8/27/2018. (DMW)
October 25, 2018
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ORDER REDUCING SENTENCE -USSC Amendment 782 as to JENNIFER L. POLTROCK (2), Count(s) 1, 1s, SENTENCE REDUCTION - 168 months is reduced to 135 months. Signed by Judge Jane Magnus-Stinson on 10/25/2018. (DMW)