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08-031 - USA v. Smith et al


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08-031 - USA v. Smith et al
May 21, 2009
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MEMORANDUM OPINION AND ORDER as to Ray Garton (2): Defendant Ray Gartons Motion to Strike 89, in which the other defendants have joined Record No. 91, 92, 104, 106, and 107, shall be, and the same hereby is, DENIED. Signed by Judge Joseph M. Hood on 5/21/2009. (CBD)cc: COR, USPMEMORANDUM OPINION AND ORDER as to Ray Garton (2): Defendant Ray Gartons Motion to Strike 89, in which the other defendants have joined Record No. 91, 92, 104, 106, and 107, shall be, and the same hereby is, DENIED. Signed by Judge Joseph M. Hood on 5/21/2009. (CBD)cc: COR, USPMEMORANDUM OPINION AND ORDER as to Ray Garton (2): Defendant Ray Gartons Motion to Strike 89, in which the other defendants have joined Record No. 91, 92, 104, 106, and 107, shall be, and the same hereby is, DENIED. Signed by Judge Joseph M. Hood on 5/21/2009. (CBD)cc: COR, USPMEMORANDUM OPINION AND ORDER as to Ray Garton (2): Defendant Ray Gartons Motion to Strike 89, in which the other defendants have joined Record No. 91, 92, 104, 106, and 107, shall be, and the same hereby is, DENIED. Signed by Judge Joseph M. Hood on 5/21/2009. (CBD)cc: COR, USPMEMORANDUM OPINION AND ORDER as to Ray Garton (2): Defendant Ray Gartons Motion to Strike 89, in which the other defendants have joined Record No. 91, 92, 104, 106, and 107, shall be, and the same hereby is, DENIED. Signed by Judge Joseph M. Hood on 5/21/2009. (CBD)cc: COR, USPMEMORANDUM OPINION AND ORDER as to Ray Garton (2): Defendant Ray Gartons Motion to Strike 89, in which the other defendants have joined Record No. 91, 92, 104, 106, and 107, shall be, and the same hereby is, DENIED. Signed by Judge Joseph M. Hood on 5/21/2009. (CBD)cc: COR, USP
September 1, 2010
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MEMORANDUM OPINION & ORDER as to Christopher Cello Smith: (1) that Defendant Christopher Cello Smiths Motion for Judgment of Acquittal 341 is GRANTED; and (2) that the jurys verdict of guilty on Count 17 as to Defendant Christopher Cello Smith is SET ASIDE. Signed by Judge Joseph M. Hood on 9/1/2010. (CBD)cc: COR,USP
December 1, 2010
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith (1), Ray Garton (2), Christopher Cello Smith (3), Shaun Michael Smith (4), Joshua Scott Harris (6): (1) that the Motion to Amend the Preliminary Order of Forfeiture and Forfeit Substitute Assets [DE 386] is GRANTED; (2) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the following assets to be seized and subject to application towards the money judgments entered in this case: (SEE ORDER) (3) that the United States Marshals Service shall seize forthwith the forfeited property, described in paragraph (2) above, and dispose of the said property in accordance with the law. (4) that the Motion for Stay [DE 400] is DENIED; (5) that the Joint Motion for Interlocutory Sale [DE 389] is GRANTED; (6) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the United States Marshal to sell without delay the real property more particularly described as follows: (SEE ORDER) (7) That, after satisfaction of the note and mortgage to Alabama Ag Credit FLCA, the proceeds of the sale described in paragraph (6) shall be placed in the Seized Assets Holding Account pending Final Decree and Order of Forfeiture. (8) That the United States Marshals Service shall have immediate entry to the property described in paragraph (6). (9) That the United States Marshals Service has authority to convey clear title to the property described in paragraph (6) without further Order of this Court. (10) That the Clerk shall cause to be delivered a copy of this Order to the United States Marshal for the Eastern District of Kentucky. Signed by Judge Joseph M. Hood on 12/1/2010. (CBD)cc: COR,USM,USP, USCA ClerkMEMORANDUM OPINION AND ORDER as to Michael D. Smith (1), Ray Garton (2), Christopher Cello Smith (3), Shaun Michael Smith (4), Joshua Scott Harris (6): (1) that the Motion to Amend the Preliminary Order of Forfeiture and Forfeit Substitute Assets [DE 386] is GRANTED; (2) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the following assets to be seized and subject to application towards the money judgments entered in this case: (SEE ORDER) (3) that the United States Marshals Service shall seize forthwith the forfeited property, described in paragraph (2) above, and dispose of the said property in accordance with the law. (4) that the Motion for Stay [DE 400] is DENIED; (5) that the Joint Motion for Interlocutory Sale [DE 389] is GRANTED; (6) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the United States Marshal to sell without delay the real property more particularly described as follows: (SEE ORDER) (7) That, after satisfaction of the note and mortgage to Alabama Ag Credit FLCA, the proceeds of the sale described in paragraph (6) shall be placed in the Seized Assets Holding Account pending Final Decree and Order of Forfeiture. (8) That the United States Marshals Service shall have immediate entry to the property described in paragraph (6). (9) That the United States Marshals Service has authority to convey clear title to the property described in paragraph (6) without further Order of this Court. (10) That the Clerk shall cause to be delivered a copy of this Order to the United States Marshal for the Eastern District of Kentucky. Signed by Judge Joseph M. Hood on 12/1/2010. (CBD)cc: COR,USM,USP, USCA ClerkMEMORANDUM OPINION AND ORDER as to Michael D. Smith (1), Ray Garton (2), Christopher Cello Smith (3), Shaun Michael Smith (4), Joshua Scott Harris (6): (1) that the Motion to Amend the Preliminary Order of Forfeiture and Forfeit Substitute Assets [DE 386] is GRANTED; (2) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the following assets to be seized and subject to application towards the money judgments entered in this case: (SEE ORDER) (3) that the United States Marshals Service shall seize forthwith the forfeited property, described in paragraph (2) above, and dispose of the said property in accordance with the law. (4) that the Motion for Stay [DE 400] is DENIED; (5) that the Joint Motion for Interlocutory Sale [DE 389] is GRANTED; (6) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the United States Marshal to sell without delay the real property more particularly described as follows: (SEE ORDER) (7) That, after satisfaction of the note and mortgage to Alabama Ag Credit FLCA, the proceeds of the sale described in paragraph (6) shall be placed in the Seized Assets Holding Account pending Final Decree and Order of Forfeiture. (8) That the United States Marshals Service shall have immediate entry to the property described in paragraph (6). (9) That the United States Marshals Service has authority to convey clear title to the property described in paragraph (6) without further Order of this Court. (10) That the Clerk shall cause to be delivered a copy of this Order to the United States Marshal for the Eastern District of Kentucky. Signed by Judge Joseph M. Hood on 12/1/2010. (CBD)cc: COR,USM,USP, USCA ClerkMEMORANDUM OPINION AND ORDER as to Michael D. Smith (1), Ray Garton (2), Christopher Cello Smith (3), Shaun Michael Smith (4), Joshua Scott Harris (6): (1) that the Motion to Amend the Preliminary Order of Forfeiture and Forfeit Substitute Assets [DE 386] is GRANTED; (2) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the following assets to be seized and subject to application towards the money judgments entered in this case: (SEE ORDER) (3) that the United States Marshals Service shall seize forthwith the forfeited property, described in paragraph (2) above, and dispose of the said property in accordance with the law. (4) that the Motion for Stay [DE 400] is DENIED; (5) that the Joint Motion for Interlocutory Sale [DE 389] is GRANTED; (6) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the United States Marshal to sell without delay the real property more particularly described as follows: (SEE ORDER) (7) That, after satisfaction of the note and mortgage to Alabama Ag Credit FLCA, the proceeds of the sale described in paragraph (6) shall be placed in the Seized Assets Holding Account pending Final Decree and Order of Forfeiture. (8) That the United States Marshals Service shall have immediate entry to the property described in paragraph (6). (9) That the United States Marshals Service has authority to convey clear title to the property described in paragraph (6) without further Order of this Court. (10) That the Clerk shall cause to be delivered a copy of this Order to the United States Marshal for the Eastern District of Kentucky. Signed by Judge Joseph M. Hood on 12/1/2010. (CBD)cc: COR,USM,USP, USCA ClerkMEMORANDUM OPINION AND ORDER as to Michael D. Smith (1), Ray Garton (2), Christopher Cello Smith (3), Shaun Michael Smith (4), Joshua Scott Harris (6): (1) that the Motion to Amend the Preliminary Order of Forfeiture and Forfeit Substitute Assets [DE 386] is GRANTED; (2) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the following assets to be seized and subject to application towards the money judgments entered in this case: (SEE ORDER) (3) that the United States Marshals Service shall seize forthwith the forfeited property, described in paragraph (2) above, and dispose of the said property in accordance with the law. (4) that the Motion for Stay [DE 400] is DENIED; (5) that the Joint Motion for Interlocutory Sale [DE 389] is GRANTED; (6) that the Preliminary Order of Forfeiture [Record No. 350] is AMENDED to allow the United States Marshal to sell without delay the real property more particularly described as follows: (SEE ORDER) (7) That, after satisfaction of the note and mortgage to Alabama Ag Credit FLCA, the proceeds of the sale described in paragraph (6) shall be placed in the Seized Assets Holding Account pending Final Decree and Order of Forfeiture. (8) That the United States Marshals Service shall have immediate entry to the property described in paragraph (6). (9) That the United States Marshals Service has authority to convey clear title to the property described in paragraph (6) without further Order of this Court. (10) That the Clerk shall cause to be delivered a copy of this Order to the United States Marshal for the Eastern District of Kentucky. Signed by Judge Joseph M. Hood on 12/1/2010. (CBD)cc: COR,USM,USP, USCA Clerk
December 20, 2010
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MEMORANDUM OPINION & ORDER as to Michael D. Smith, Shaun Michael Smith: that Dfts' Motions to Prohibit Depositions and Motion to Quash Notice of Deposition and for Order prohibiting Taking of Deposition [DE 405 and 407] are GRANTED. Signed by Judge Joseph M. Hood on 12/20/2010. (AKR)cc: COR,USP MEMORANDUM OPINION & ORDER as to Michael D. Smith, Shaun Michael Smith: that Dfts' Motions to Prohibit Depositions and Motion to Quash Notice of Deposition and for Order prohibiting Taking of Deposition [DE 405 and 407] are GRANTED. Signed by Judge Joseph M. Hood on 12/20/2010. (AKR)cc: COR,USP
January 5, 2011
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MEMORANDUM OPINION AND ORDER as to Christopher Cello Smith (3): United States' Motion to Stay Sentencing of Defendant Christopher Cello Smith 414 is DENIED. Signed by Judge Joseph M. Hood on 1/5/2011. (CBD)cc: COR,USP, USCA
April 7, 2011
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MEMORANDUM OPINION as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith: (1) that the Motion of Defendant Christopher Cello Smith for Disclosure of Brady and Giglio Material [DE 489], in which Defendant Michael D. Smith has joined [DE 492], shall be HELD IN ABEYANCE pending the Courts review of the materials to be provided for in camera inspection by the United States. (2) that, no later than Monday, April 13, 2011, at 5:00 p.m., the United States shall deliver to the undersigned, for in camera inspection, any materials that it has in its possession concerning Mark Irwins ownership or operation of Summit Energy Corporation, any documents concerning the activities of that company, and any and all documents which would indicate the time at which the government first learned of these activities and this evidence, as well as any other information, including documentation, concerning the issues raised by the moving defendants. (3) that the United States request for leave to disclose the sealed supplement portion of Mark Irwins plea agreement in Lexington Criminal Action No. 11-39-JMH to counsel for Defendants [DE 494] is GRANTED; (4) that the United States may disclose the sealed supplement portion of Mark Irwins plea agreement in Lexington Criminal Action No. 11-39-JMH to counsel for Defendants; (5) that Defendant Michael D. Smiths Motion for Relief from Time Restraints [DE 499], in which Defendants Christopher Cello Smith and Shaun Michael Smith join [DE 504, 505], is GRANTED. Signed by Judge Joseph M. Hood on 4/7/2011. (AKR)cc: COR,USP MEMORANDUM OPINION as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith: (1) that the Motion of Defendant Christopher Cello Smith for Disclosure of Brady and Giglio Material [DE 489], in which Defendant Michael D. Smith has joined [DE 492], shall be HELD IN ABEYANCE pending the Courts review of the materials to be provided for in camera inspection by the United States. (2) that, no later than Monday, April 13, 2011, at 5:00 p.m., the United States shall deliver to the undersigned, for in camera inspection, any materials that it has in its possession concerning Mark Irwins ownership or operation of Summit Energy Corporation, any documents concerning the activities of that company, and any and all documents which would indicate the time at which the government first learned of these activities and this evidence, as well as any other information, including documentation, concerning the issues raised by the moving defendants. (3) that the United States request for leave to disclose the sealed supplement portion of Mark Irwins plea agreement in Lexington Criminal Action No. 11-39-JMH to counsel for Defendants [DE 494] is GRANTED; (4) that the United States may disclose the sealed supplement portion of Mark Irwins plea agreement in Lexington Criminal Action No. 11-39-JMH to counsel for Defendants; (5) that Defendant Michael D. Smiths Motion for Relief from Time Restraints [DE 499], in which Defendants Christopher Cello Smith and Shaun Michael Smith join [DE 504, 505], is GRANTED. Signed by Judge Joseph M. Hood on 4/7/2011. (AKR)cc: COR,USP MEMORANDUM OPINION as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith: (1) that the Motion of Defendant Christopher Cello Smith for Disclosure of Brady and Giglio Material [DE 489], in which Defendant Michael D. Smith has joined [DE 492], shall be HELD IN ABEYANCE pending the Courts review of the materials to be provided for in camera inspection by the United States. (2) that, no later than Monday, April 13, 2011, at 5:00 p.m., the United States shall deliver to the undersigned, for in camera inspection, any materials that it has in its possession concerning Mark Irwins ownership or operation of Summit Energy Corporation, any documents concerning the activities of that company, and any and all documents which would indicate the time at which the government first learned of these activities and this evidence, as well as any other information, including documentation, concerning the issues raised by the moving defendants. (3) that the United States request for leave to disclose the sealed supplement portion of Mark Irwins plea agreement in Lexington Criminal Action No. 11-39-JMH to counsel for Defendants [DE 494] is GRANTED; (4) that the United States may disclose the sealed supplement portion of Mark Irwins plea agreement in Lexington Criminal Action No. 11-39-JMH to counsel for Defendants; (5) that Defendant Michael D. Smiths Motion for Relief from Time Restraints [DE 499], in which Defendants Christopher Cello Smith and Shaun Michael Smith join [DE 504, 505], is GRANTED. Signed by Judge Joseph M. Hood on 4/7/2011. (AKR)cc: COR,USP
April 12, 2011
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) that the Motion of Defendant Christopher Cello Smith for Disclosure of Brady and Giglio Material [DE 489], in which Defendant Michael D. Smith has joined [DE 492], is DENIED; (2) that the Clerk shall FILE UNDER SEAL in the record of this matter the materials received in camera from the United States and that said materials may be accessed only upon further order of the Court. Signed by Judge Joseph M. Hood on 4/12/2011. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) that the Motion of Defendant Christopher Cello Smith for Disclosure of Brady and Giglio Material [DE 489], in which Defendant Michael D. Smith has joined [DE 492], is DENIED; (2) that the Clerk shall FILE UNDER SEAL in the record of this matter the materials received in camera from the United States and that said materials may be accessed only upon further order of the Court. Signed by Judge Joseph M. Hood on 4/12/2011. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) that the Motion of Defendant Christopher Cello Smith for Disclosure of Brady and Giglio Material [DE 489], in which Defendant Michael D. Smith has joined [DE 492], is DENIED; (2) that the Clerk shall FILE UNDER SEAL in the record of this matter the materials received in camera from the United States and that said materials may be accessed only upon further order of the Court. Signed by Judge Joseph M. Hood on 4/12/2011. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) that the Motion of Defendant Christopher Cello Smith for Disclosure of Brady and Giglio Material [DE 489], in which Defendant Michael D. Smith has joined [DE 492], is DENIED; (2) that the Clerk shall FILE UNDER SEAL in the record of this matter the materials received in camera from the United States and that said materials may be accessed only upon further order of the Court. Signed by Judge Joseph M. Hood on 4/12/2011. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) that the Motion of Defendant Christopher Cello Smith for Disclosure of Brady and Giglio Material [DE 489], in which Defendant Michael D. Smith has joined [DE 492], is DENIED; (2) that the Clerk shall FILE UNDER SEAL in the record of this matter the materials received in camera from the United States and that said materials may be accessed only upon further order of the Court. Signed by Judge Joseph M. Hood on 4/12/2011. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) that the Motion of Defendant Christopher Cello Smith for Disclosure of Brady and Giglio Material [DE 489], in which Defendant Michael D. Smith has joined [DE 492], is DENIED; (2) that the Clerk shall FILE UNDER SEAL in the record of this matter the materials received in camera from the United States and that said materials may be accessed only upon further order of the Court. Signed by Judge Joseph M. Hood on 4/12/2011. (AKR)cc: COR,USP
May 18, 2011
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MEMORANDUM OPINION as to Shaun Michael Smith: the Court declines Smith's request 524 to withdraw his guilty plea. Further, the Court sees no reason to vacate 524 Smith's plea for it found and still finds an adequate factual basis for that plea as directed in Fed. R. Crim. P. 11(b)(3). Signed by Judge Joseph M. Hood on 5/18/2011. (CBD)cc: COR,USP
June 1, 2011
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith: Defendant's ORAL Motion that the US be required to provide him with copies of any internal office memoranda, reflecting the reliance of US Atty's Ofc for EDKY on US v. Graham is DENIED. Signed by Judge Joseph M. Hood on 6/1/2011. (AKR)cc: COR,USP
June 13, 2011
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MEMORANDUM OPINION & ORDER as to Michael D. Smith, Christopher Cello Smith: Defendants Michael D. Smith and Christopher Cello Smith's Motions for New Trial (DE 523 and 528) are DENIED. Signed by Judge Joseph M. Hood on 6/13/2011. (CBD)cc: COR,USP MEMORANDUM OPINION & ORDER as to Michael D. Smith, Christopher Cello Smith: Defendants Michael D. Smith and Christopher Cello Smith's Motions for New Trial (DE 523 and 528) are DENIED. Signed by Judge Joseph M. Hood on 6/13/2011. (CBD)cc: COR,USP
June 13, 2011
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MEMORANDUM OPINION & ORDER memorializing the Court s decision 587 re 521 & 529 filed by Michael D. Smith, Christopher Cello Smith as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith, Joshua Scott Harris. Signed by Judge Joseph M. Hood on 6/13/2011. (CBD)cc: COR,USP Modified typo on 6/13/2011 (CBD).MEMORANDUM OPINION & ORDER memorializing the Court s decision 587 re 521 & 529 filed by Michael D. Smith, Christopher Cello Smith as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith, Joshua Scott Harris. Signed by Judge Joseph M. Hood on 6/13/2011. (CBD)cc: COR,USP Modified typo on 6/13/2011 (CBD).MEMORANDUM OPINION & ORDER memorializing the Court s decision 587 re 521 & 529 filed by Michael D. Smith, Christopher Cello Smith as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith, Joshua Scott Harris. Signed by Judge Joseph M. Hood on 6/13/2011. (CBD)cc: COR,USP Modified typo on 6/13/2011 (CBD).MEMORANDUM OPINION & ORDER memorializing the Court s decision 587 re 521 & 529 filed by Michael D. Smith, Christopher Cello Smith as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith, Joshua Scott Harris. Signed by Judge Joseph M. Hood on 6/13/2011. (CBD)cc: COR,USP Modified typo on 6/13/2011 (CBD).
July 14, 2011
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MEMORANDUM OPINION & ORDER as to Michael D. Smith: (1) that Defendant Michael D. Smiths Motion for Leave to Proceed in Forma Pauperis, to Appoint Counsel, and to Grant Leave of Counsel to Withdraw, as well as for other relief in the form of an order requiring the Clerks office to file a Notice of Appeal on behalf of Defendant 693 is GRANTED IN PART and DENIED IN PART; (2) that Defendant Michael D. Smith may proceed in forma pauperis on appeal; (3) that any Notice of Appeal filed in this Court may be made without payment of the filing fee, which is waived in light of Defendants status in forma pauperis.Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USP
July 14, 2011
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MEMORANDUM OPINION as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith: Motions of Defendants Christopher Cello Smith, Michael D. Smith, and Shaun Michael Smith for Release Pending Appeal and For Stay of Order of Imprisonment (DE 654, 663, and 688) are DENIED. Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USM,USP MEMORANDUM OPINION as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith: Motions of Defendants Christopher Cello Smith, Michael D. Smith, and Shaun Michael Smith for Release Pending Appeal and For Stay of Order of Imprisonment (DE 654, 663, and 688) are DENIED. Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USM,USP MEMORANDUM OPINION as to Michael D. Smith, Christopher Cello Smith, Shaun Michael Smith: Motions of Defendants Christopher Cello Smith, Michael D. Smith, and Shaun Michael Smith for Release Pending Appeal and For Stay of Order of Imprisonment (DE 654, 663, and 688) are DENIED. Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USM,USP
July 14, 2011
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MEMORANDUM OPINION as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) the United States of America's Motion to Strike 602 is GRANTED; (2) that Mercedes Smiths Petition for Interest in Property 590 is DENIED. Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USP MEMORANDUM OPINION as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) the United States of America's Motion to Strike 602 is GRANTED; (2) that Mercedes Smiths Petition for Interest in Property 590 is DENIED. Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USP MEMORANDUM OPINION as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) the United States of America's Motion to Strike 602 is GRANTED; (2) that Mercedes Smiths Petition for Interest in Property 590 is DENIED. Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USP MEMORANDUM OPINION as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) the United States of America's Motion to Strike 602 is GRANTED; (2) that Mercedes Smiths Petition for Interest in Property 590 is DENIED. Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USP MEMORANDUM OPINION as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) the United States of America's Motion to Strike 602 is GRANTED; (2) that Mercedes Smiths Petition for Interest in Property 590 is DENIED. Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USP MEMORANDUM OPINION as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (1) the United States of America's Motion to Strike 602 is GRANTED; (2) that Mercedes Smiths Petition for Interest in Property 590 is DENIED. Signed by Judge Joseph M. Hood on 7/14/2011. (CBD)cc: COR,USP
September 6, 2011
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith: (1) that the Clerk shall STRIKE Defendant's Response to Government's Memo on Restitution and Motion for Ext of Time to Supplement Response [DE 735 and 736] from the record of this matter; (2) that Defendant Smith, either by counsel or pro se, shall file a brief outlining his position and setting forth proposed findings of fact and conclusions of law on the issue of restitution on or before Friday, September 16, 2011;(3) that the United States shall file any reply in further support of its position on restitution to be made by Defendant Michael D. Smith on or before September 21, 2011, at NOON; (4) that, in addition to service via CM/ECF upon Mr. True, the Clerk shall serve a copy of this Order by United States mail, first class, postage prepaid, on Michael D. Smith, Register Number 12926-032, FCI Ashland, Satellite Camp, P.O. Box 6000, Ashland, KY 41105; (5) that the Clerk shall also serve a copy of this Order by United States mail, first class, postage prepaid, on Mercedes Smith, 486 Delbar Lane, Lancaster, KY 40444. Signed by Judge Joseph M. Hood on 9/6/2011. (AKR)cc: COR,USP, Michael D. Smith, Mercedes Smith
March 30, 2012
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith, et al: 1) that the United States' motion to dismiss, 707, is DENIED; and 2) that this matter is set for a hearing to adjudicate the validity of Petitioners' interest in said property, as asserted in their verified petition, on Tuesday, May 15, 2012, at 9:00 a.m., in Lexington, Kentucky. Signed by Judge Joseph M. Hood on 3/30/2012. (CBD)cc: COR,USM,USP, Lex Diary, Clerk USCA MEMORANDUM OPINION AND ORDER as to Michael D. Smith, et al: 1) that the United States' motion to dismiss, 707, is DENIED; and 2) that this matter is set for a hearing to adjudicate the validity of Petitioners' interest in said property, as asserted in their verified petition, on Tuesday, May 15, 2012, at 9:00 a.m., in Lexington, Kentucky. Signed by Judge Joseph M. Hood on 3/30/2012. (CBD)cc: COR,USM,USP, Lex Diary, Clerk USCA MEMORANDUM OPINION AND ORDER as to Michael D. Smith, et al: 1) that the United States' motion to dismiss, 707, is DENIED; and 2) that this matter is set for a hearing to adjudicate the validity of Petitioners' interest in said property, as asserted in their verified petition, on Tuesday, May 15, 2012, at 9:00 a.m., in Lexington, Kentucky. Signed by Judge Joseph M. Hood on 3/30/2012. (CBD)cc: COR,USM,USP, Lex Diary, Clerk USCA MEMORANDUM OPINION AND ORDER as to Michael D. Smith, et al: 1) that the United States' motion to dismiss, 707, is DENIED; and 2) that this matter is set for a hearing to adjudicate the validity of Petitioners' interest in said property, as asserted in their verified petition, on Tuesday, May 15, 2012, at 9:00 a.m., in Lexington, Kentucky. Signed by Judge Joseph M. Hood on 3/30/2012. (CBD)cc: COR,USM,USP, Lex Diary, Clerk USCA MEMORANDUM OPINION AND ORDER as to Michael D. Smith, et al: 1) that the United States' motion to dismiss, 707, is DENIED; and 2) that this matter is set for a hearing to adjudicate the validity of Petitioners' interest in said property, as asserted in their verified petition, on Tuesday, May 15, 2012, at 9:00 a.m., in Lexington, Kentucky. Signed by Judge Joseph M. Hood on 3/30/2012. (CBD)cc: COR,USM,USP, Lex Diary, Clerk USCA MEMORANDUM OPINION AND ORDER as to Michael D. Smith, et al: 1) that the United States' motion to dismiss, 707, is DENIED; and 2) that this matter is set for a hearing to adjudicate the validity of Petitioners' interest in said property, as asserted in their verified petition, on Tuesday, May 15, 2012, at 9:00 a.m., in Lexington, Kentucky. Signed by Judge Joseph M. Hood on 3/30/2012. (CBD)cc: COR,USM,USP, Lex Diary, Clerk USCA
May 11, 2012
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Christopher Cello Smith: (1) that the Motion for New Trial and request for a hearing (DE 799) is DENIED; (2) that the Emergency Motion for a Preliminary Indicative Ruling (DE 809) is DENIED; (3) that the Clerk of this Court forward a copy of this Memorandum Opinion and Order to the Clerk for the United StatesCourt of Appeals for the Sixth Circuit in order that said Clerk is made aware that, although both Defendants Michael D. Smith and Christopher Cello Smith have declared themselves indigent and been appointed counsel by that Court, they have been in the meantime represented by retained counsel before this court on the matters pending here. Signed by Judge Joseph M. Hood on 5/11/2012. (AKR)cc: COR,USP, 6CCAMEMORANDUM OPINION AND ORDER as to Michael D. Smith, Christopher Cello Smith: (1) that the Motion for New Trial and request for a hearing (DE 799) is DENIED; (2) that the Emergency Motion for a Preliminary Indicative Ruling (DE 809) is DENIED; (3) that the Clerk of this Court forward a copy of this Memorandum Opinion and Order to the Clerk for the United StatesCourt of Appeals for the Sixth Circuit in order that said Clerk is made aware that, although both Defendants Michael D. Smith and Christopher Cello Smith have declared themselves indigent and been appointed counsel by that Court, they have been in the meantime represented by retained counsel before this court on the matters pending here. Signed by Judge Joseph M. Hood on 5/11/2012. (AKR)cc: COR,USP, 6CCA
May 11, 2012
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (8) that Michael D. Smith shall make restitution in amt of $5,476,528.17, totaling 40% of the total $13,691,320.43 loss amt subj to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,642,958.45 apiece, totaling 12% each of the total $13,691,320.43 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (10) that, within ten (10) days of entry of this Memorandum Opinion and Order, the United States of America shall provide addresses for the victims listed in the Second Amended Attachment A to the finance division of the office of the Clerk of Court. The United States of America shall contact the finance division of the office of the Clerk of Court for further instructions on submitting that information. Signed by Judge Joseph M. Hood on 5/11/2012. (AKR)cc: COR,USPMEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (8) that Michael D. Smith shall make restitution in amt of $5,476,528.17, totaling 40% of the total $13,691,320.43 loss amt subj to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,642,958.45 apiece, totaling 12% each of the total $13,691,320.43 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (10) that, within ten (10) days of entry of this Memorandum Opinion and Order, the United States of America shall provide addresses for the victims listed in the Second Amended Attachment A to the finance division of the office of the Clerk of Court. The United States of America shall contact the finance division of the office of the Clerk of Court for further instructions on submitting that information. Signed by Judge Joseph M. Hood on 5/11/2012. (AKR)cc: COR,USPMEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (8) that Michael D. Smith shall make restitution in amt of $5,476,528.17, totaling 40% of the total $13,691,320.43 loss amt subj to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,642,958.45 apiece, totaling 12% each of the total $13,691,320.43 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (10) that, within ten (10) days of entry of this Memorandum Opinion and Order, the United States of America shall provide addresses for the victims listed in the Second Amended Attachment A to the finance division of the office of the Clerk of Court. The United States of America shall contact the finance division of the office of the Clerk of Court for further instructions on submitting that information. Signed by Judge Joseph M. Hood on 5/11/2012. (AKR)cc: COR,USPMEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (8) that Michael D. Smith shall make restitution in amt of $5,476,528.17, totaling 40% of the total $13,691,320.43 loss amt subj to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,642,958.45 apiece, totaling 12% each of the total $13,691,320.43 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (10) that, within ten (10) days of entry of this Memorandum Opinion and Order, the United States of America shall provide addresses for the victims listed in the Second Amended Attachment A to the finance division of the office of the Clerk of Court. The United States of America shall contact the finance division of the office of the Clerk of Court for further instructions on submitting that information. Signed by Judge Joseph M. Hood on 5/11/2012. (AKR)cc: COR,USPMEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (8) that Michael D. Smith shall make restitution in amt of $5,476,528.17, totaling 40% of the total $13,691,320.43 loss amt subj to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,642,958.45 apiece, totaling 12% each of the total $13,691,320.43 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (10) that, within ten (10) days of entry of this Memorandum Opinion and Order, the United States of America shall provide addresses for the victims listed in the Second Amended Attachment A to the finance division of the office of the Clerk of Court. The United States of America shall contact the finance division of the office of the Clerk of Court for further instructions on submitting that information. Signed by Judge Joseph M. Hood on 5/11/2012. (AKR)cc: COR,USPMEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Mark Irwin, Joshua Scott Harris: (8) that Michael D. Smith shall make restitution in amt of $5,476,528.17, totaling 40% of the total $13,691,320.43 loss amt subj to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,642,958.45 apiece, totaling 12% each of the total $13,691,320.43 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A. (10) that, within ten (10) days of entry of this Memorandum Opinion and Order, the United States of America shall provide addresses for the victims listed in the Second Amended Attachment A to the finance division of the office of the Clerk of Court. The United States of America shall contact the finance division of the office of the Clerk of Court for further instructions on submitting that information. Signed by Judge Joseph M. Hood on 5/11/2012. (AKR)cc: COR,USP
May 15, 2012
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Joshua Scott Harris: that Paragraphs 8 and 9 of the Court's May 11, 2012, Memorandum Opinion and Order are AMENDED as follows: (8) that Michael D. Smith shall make restitution in the amount of $5,506,917.76, totaling 40% of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to those victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,652,075.32 apiece, totaling 12% each of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. Signed by Judge Joseph M. Hood on 5/15/2012. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Joshua Scott Harris: that Paragraphs 8 and 9 of the Court's May 11, 2012, Memorandum Opinion and Order are AMENDED as follows: (8) that Michael D. Smith shall make restitution in the amount of $5,506,917.76, totaling 40% of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to those victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,652,075.32 apiece, totaling 12% each of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. Signed by Judge Joseph M. Hood on 5/15/2012. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Joshua Scott Harris: that Paragraphs 8 and 9 of the Court's May 11, 2012, Memorandum Opinion and Order are AMENDED as follows: (8) that Michael D. Smith shall make restitution in the amount of $5,506,917.76, totaling 40% of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to those victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,652,075.32 apiece, totaling 12% each of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. Signed by Judge Joseph M. Hood on 5/15/2012. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Joshua Scott Harris: that Paragraphs 8 and 9 of the Court's May 11, 2012, Memorandum Opinion and Order are AMENDED as follows: (8) that Michael D. Smith shall make restitution in the amount of $5,506,917.76, totaling 40% of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to those victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,652,075.32 apiece, totaling 12% each of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. Signed by Judge Joseph M. Hood on 5/15/2012. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Ray Garton, Christopher Cello Smith, Shaun Michael Smith, Joshua Scott Harris: that Paragraphs 8 and 9 of the Court's May 11, 2012, Memorandum Opinion and Order are AMENDED as follows: (8) that Michael D. Smith shall make restitution in the amount of $5,506,917.76, totaling 40% of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to those victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. (9) that Christopher Cello Smith, Shaun Michael Smith, Ray Garton, Joshua Harris, and Mark Irwin shall each make restitution in the amount of $1,652,075.32 apiece, totaling 12% each of the total $13,767,294.36 loss amount subject to restitution, payable on a pro rata basis to all of the victims listed in the Government's Second Amended Attachment A who did not recover royalties or other payments in excess of the amounts that they invested. Signed by Judge Joseph M. Hood on 5/15/2012. (AKR)cc: COR,USP
May 16, 2012
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Christopher Cello Smith: that Dft Michael D. and Christopher C. Smith's Motion for Leave to Serve Subpoenas on United States Attorney and KY Board of Registration for Professional Geologists (DE 826) is DENIED. Signed by Judge Joseph M. Hood on 5/16/2012. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Christopher Cello Smith: that Dft Michael D. and Christopher C. Smith's Motion for Leave to Serve Subpoenas on United States Attorney and KY Board of Registration for Professional Geologists (DE 826) is DENIED. Signed by Judge Joseph M. Hood on 5/16/2012. (AKR)cc: COR,USP
April 1, 2013
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Christopher Cello Smith: The Motion (DE 840) is DENIED. Signed by Judge Joseph M. Hood on 4/1/2013. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Christopher Cello Smith: The Motion (DE 840) is DENIED. Signed by Judge Joseph M. Hood on 4/1/2013. (AKR)cc: COR,USP
April 1, 2013
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MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Christopher Cello Smith: that the Third Motion for New Trial and request for a hearing (DE 839) are DENIED. Signed by Judge Joseph M. Hood on 4/1/2013. (AKR)cc: COR,USM,USP MEMORANDUM OPINION AND ORDER as to Michael D. Smith, Christopher Cello Smith: that the Third Motion for New Trial and request for a hearing (DE 839) are DENIED. Signed by Judge Joseph M. Hood on 4/1/2013. (AKR)cc: COR,USM,USP
June 22, 2016
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RECOMMENDED DISPOSITION as to Michael D. Smith re 920 MOTION to Vacate under 28 U.S.C. 2255: Recommends that District Court Deny Mtn to Vacate 920, his mtn for s/j 945, and his mtn for writ of mandamus 960. The Court also RECOMMENDS that the District Court DENY a Certificate of Appealability as to all claims. The Court FURTHER ORDERS that Defendant's motions (D.E. 954, 955, 959) are DENIED. Defendant's motion for a copy of the docket sheet and Docket Entry 510 (D.E. 949) is GRANTED. The Clerk is DIRECTED to mail a copy of the Docket Sheet and Docket Entry 510 to Defendant - Objections to R&R due by 7/11/2016. Signed by Magistrate Judge Hanly A. Ingram on 6/22/2016. (AKR)cc: COR,USP, paper copy to Defendant w/updated dkt sheet and copy of DE 510
June 26, 2017
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MEMORANDUM, OPINION AND ORDER as to Michael D. Smith (1): (1) that the Magistrate Judge's Recommended Disposition [DE 962] is ACCEPTED and ADOPTED over Defendants objections for the reasons stated therein and as set forth above; (2) that Defendant's Motion to Vacate, Set Aside, or Correct His Sentence pursuant to 28 U.S.C. ' 2255 [DE 920] is DENIED; (3) that Defendants motion for summary judgment on his ยง 2255 motion [DE 945] and motion requesting a "writ of mandamus for immediate release and demands" [DE 960] are DENIED; (4) that no certificate of appealability will issue. Signed by Judge Joseph M. Hood on 6/26/2017. (AKR)cc: COR,USP, Dft Michael Smith paper copy via US Mail Civil Case 3:15-cv-07407-JMH-HAI closed.