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15-014 - USA v. Bertram et al


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15-014 - USA v. Bertram et al
April 12, 2016
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MEMORANDUM OPINION & ORDER as to Brian C. Walters: that the Defendant's Rule 12(b) Motion to Dismiss the Indictment (R. 61 ) is DENIED. Signed by Judge Gregory F. VanTatenhove on 4/12/2016. (AKR)cc: COR,USP
November 9, 2016
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MEMORANDUM OPINION AND ORDER as to Robert L. Bertram Jr. (1), James W. Bottom (2), Robin G. Peavler (3), Brian C. Walters (4), Bryan S. Wood (5): Dft's 93 Motion to Exclude and USA's 94 Motion to Exclude are both DENIED. Signed by Judge Gregory F. VanTatenhove on November 9, 2016. (AWD)cc: COR,USPMEMORANDUM OPINION AND ORDER as to Robert L. Bertram Jr. (1), James W. Bottom (2), Robin G. Peavler (3), Brian C. Walters (4), Bryan S. Wood (5): Dft's 93 Motion to Exclude and USA's 94 Motion to Exclude are both DENIED. Signed by Judge Gregory F. VanTatenhove on November 9, 2016. (AWD)cc: COR,USPMEMORANDUM OPINION AND ORDER as to Robert L. Bertram Jr. (1), James W. Bottom (2), Robin G. Peavler (3), Brian C. Walters (4), Bryan S. Wood (5): Dft's 93 Motion to Exclude and USA's 94 Motion to Exclude are both DENIED. Signed by Judge Gregory F. VanTatenhove on November 9, 2016. (AWD)cc: COR,USPMEMORANDUM OPINION AND ORDER as to Robert L. Bertram Jr. (1), James W. Bottom (2), Robin G. Peavler (3), Brian C. Walters (4), Bryan S. Wood (5): Dft's 93 Motion to Exclude and USA's 94 Motion to Exclude are both DENIED. Signed by Judge Gregory F. VanTatenhove on November 9, 2016. (AWD)cc: COR,USPMEMORANDUM OPINION AND ORDER as to Robert L. Bertram Jr. (1), James W. Bottom (2), Robin G. Peavler (3), Brian C. Walters (4), Bryan S. Wood (5): Dft's 93 Motion to Exclude and USA's 94 Motion to Exclude are both DENIED. Signed by Judge Gregory F. VanTatenhove on November 9, 2016. (AWD)cc: COR,USP
December 27, 2016
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MEMORANDUM OPINION AND ORDER as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: 1. Defendant Robin Peavler, M.D.'s motion for joinder [R. 154] is GRANTED; 2. Defendant Walters's Motion to Preclude Reference to Prejudicial Allegations [R. 117] is GRANTED IN PART and DENIED IN PART, consistent with the Court's explanation above; and 3. Any Defendant wishing to submit a motion for severance in light of this Order SHALL FILE an individual motion requesting such within ten (10) days from the date of entry of this Order. The Government SHALL RESPOND to any severance motions within seven (7) days from the date of submission of the defense motions. Signed by Judge Gregory F. VanTatenhove on 12/27/2016. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: 1. Defendant Robin Peavler, M.D.'s motion for joinder [R. 154] is GRANTED; 2. Defendant Walters's Motion to Preclude Reference to Prejudicial Allegations [R. 117] is GRANTED IN PART and DENIED IN PART, consistent with the Court's explanation above; and 3. Any Defendant wishing to submit a motion for severance in light of this Order SHALL FILE an individual motion requesting such within ten (10) days from the date of entry of this Order. The Government SHALL RESPOND to any severance motions within seven (7) days from the date of submission of the defense motions. Signed by Judge Gregory F. VanTatenhove on 12/27/2016. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: 1. Defendant Robin Peavler, M.D.'s motion for joinder [R. 154] is GRANTED; 2. Defendant Walters's Motion to Preclude Reference to Prejudicial Allegations [R. 117] is GRANTED IN PART and DENIED IN PART, consistent with the Court's explanation above; and 3. Any Defendant wishing to submit a motion for severance in light of this Order SHALL FILE an individual motion requesting such within ten (10) days from the date of entry of this Order. The Government SHALL RESPOND to any severance motions within seven (7) days from the date of submission of the defense motions. Signed by Judge Gregory F. VanTatenhove on 12/27/2016. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: 1. Defendant Robin Peavler, M.D.'s motion for joinder [R. 154] is GRANTED; 2. Defendant Walters's Motion to Preclude Reference to Prejudicial Allegations [R. 117] is GRANTED IN PART and DENIED IN PART, consistent with the Court's explanation above; and 3. Any Defendant wishing to submit a motion for severance in light of this Order SHALL FILE an individual motion requesting such within ten (10) days from the date of entry of this Order. The Government SHALL RESPOND to any severance motions within seven (7) days from the date of submission of the defense motions. Signed by Judge Gregory F. VanTatenhove on 12/27/2016. (AKR)cc: COR,USP MEMORANDUM OPINION AND ORDER as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: 1. Defendant Robin Peavler, M.D.'s motion for joinder [R. 154] is GRANTED; 2. Defendant Walters's Motion to Preclude Reference to Prejudicial Allegations [R. 117] is GRANTED IN PART and DENIED IN PART, consistent with the Court's explanation above; and 3. Any Defendant wishing to submit a motion for severance in light of this Order SHALL FILE an individual motion requesting such within ten (10) days from the date of entry of this Order. The Government SHALL RESPOND to any severance motions within seven (7) days from the date of submission of the defense motions. Signed by Judge Gregory F. VanTatenhove on 12/27/2016. (AKR)cc: COR,USP
January 30, 2017
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MEMORANDUM OPINION & ORDER as to James W. Bottom, Brian C. Walters: Defendant Brian Walters's Motion for Severance 168 as well as Defendant James Bottoms Motion for Severance 171 are DENIED. All five Defendants will be jointly tried on March 13, 2017. Signed by Judge Gregory F. Van Tatenhove on 1/30/2017. (CBD)cc: COR,USP MEMORANDUM OPINION & ORDER as to James W. Bottom, Brian C. Walters: Defendant Brian Walters's Motion for Severance 168 as well as Defendant James Bottoms Motion for Severance 171 are DENIED. All five Defendants will be jointly tried on March 13, 2017. Signed by Judge Gregory F. Van Tatenhove on 1/30/2017. (CBD)cc: COR,USP
April 14, 2017
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OPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: This case presents a recurring evidentiary concern in an age of advancing technology. Simply put, may emails be authenticated under the Federal Rules of Evidence by someone other than the sender or recipient? This Court answered "yes" to that question on several occasions throughout the course of trial. What follows is a more detailed articulation of the reasons why, as a supplement to the Court's rulings from the bench. Also addressed is one of the more frequently used substantive grounds for admissionco-conspirator statements. Signed by Judge Gregory F. VanTatenhove on 4/14/2017. (CBD)cc: COR,USPOPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: This case presents a recurring evidentiary concern in an age of advancing technology. Simply put, may emails be authenticated under the Federal Rules of Evidence by someone other than the sender or recipient? This Court answered "yes" to that question on several occasions throughout the course of trial. What follows is a more detailed articulation of the reasons why, as a supplement to the Court's rulings from the bench. Also addressed is one of the more frequently used substantive grounds for admissionco-conspirator statements. Signed by Judge Gregory F. VanTatenhove on 4/14/2017. (CBD)cc: COR,USPOPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: This case presents a recurring evidentiary concern in an age of advancing technology. Simply put, may emails be authenticated under the Federal Rules of Evidence by someone other than the sender or recipient? This Court answered "yes" to that question on several occasions throughout the course of trial. What follows is a more detailed articulation of the reasons why, as a supplement to the Court's rulings from the bench. Also addressed is one of the more frequently used substantive grounds for admissionco-conspirator statements. Signed by Judge Gregory F. VanTatenhove on 4/14/2017. (CBD)cc: COR,USPOPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: This case presents a recurring evidentiary concern in an age of advancing technology. Simply put, may emails be authenticated under the Federal Rules of Evidence by someone other than the sender or recipient? This Court answered "yes" to that question on several occasions throughout the course of trial. What follows is a more detailed articulation of the reasons why, as a supplement to the Court's rulings from the bench. Also addressed is one of the more frequently used substantive grounds for admissionco-conspirator statements. Signed by Judge Gregory F. VanTatenhove on 4/14/2017. (CBD)cc: COR,USPOPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: This case presents a recurring evidentiary concern in an age of advancing technology. Simply put, may emails be authenticated under the Federal Rules of Evidence by someone other than the sender or recipient? This Court answered "yes" to that question on several occasions throughout the course of trial. What follows is a more detailed articulation of the reasons why, as a supplement to the Court's rulings from the bench. Also addressed is one of the more frequently used substantive grounds for admissionco-conspirator statements. Signed by Judge Gregory F. VanTatenhove on 4/14/2017. (CBD)cc: COR,USP
September 29, 2017
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MEMORANDUM OPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: the Defendants are not entitled to a judgment of acquittal, nor is a new trial warranted in this case. The jury verdict remains in force, and the Defendants' Rule 29 and Rule 33 motions [R. 267; R. 270; R. 300; R. 301; R. 306] are DENIED. Signed by Judge Gregory F. VanTatenhove on 9/29/2017. (CBD)cc: COR,USP MEMORANDUM OPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: the Defendants are not entitled to a judgment of acquittal, nor is a new trial warranted in this case. The jury verdict remains in force, and the Defendants' Rule 29 and Rule 33 motions [R. 267; R. 270; R. 300; R. 301; R. 306] are DENIED. Signed by Judge Gregory F. VanTatenhove on 9/29/2017. (CBD)cc: COR,USP MEMORANDUM OPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: the Defendants are not entitled to a judgment of acquittal, nor is a new trial warranted in this case. The jury verdict remains in force, and the Defendants' Rule 29 and Rule 33 motions [R. 267; R. 270; R. 300; R. 301; R. 306] are DENIED. Signed by Judge Gregory F. VanTatenhove on 9/29/2017. (CBD)cc: COR,USP MEMORANDUM OPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: the Defendants are not entitled to a judgment of acquittal, nor is a new trial warranted in this case. The jury verdict remains in force, and the Defendants' Rule 29 and Rule 33 motions [R. 267; R. 270; R. 300; R. 301; R. 306] are DENIED. Signed by Judge Gregory F. VanTatenhove on 9/29/2017. (CBD)cc: COR,USP MEMORANDUM OPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: the Defendants are not entitled to a judgment of acquittal, nor is a new trial warranted in this case. The jury verdict remains in force, and the Defendants' Rule 29 and Rule 33 motions [R. 267; R. 270; R. 300; R. 301; R. 306] are DENIED. Signed by Judge Gregory F. VanTatenhove on 9/29/2017. (CBD)cc: COR,USP
February 21, 2018
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OPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: re Sentencing issues (SEE Opinion for completeness). Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USPOPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: re Sentencing issues (SEE Opinion for completeness). Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USPOPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: re Sentencing issues (SEE Opinion for completeness). Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USPOPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: re Sentencing issues (SEE Opinion for completeness). Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USPOPINION as to Robert L. Bertram, Jr, James W. Bottom, Robin G. Peavler, Brian C. Walters, Bryan S. Wood: re Sentencing issues (SEE Opinion for completeness). Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USP
February 21, 2018
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MEMORANDUM OPINION AND ORDER as to Robin G. Peavler (3); denying 423 Motion for Bond as to Bryan S. Wood (5): 1. The Motion for Bond Pending Appeal filed by Defendant Brian Walters and Defendant James W. Bottom [R. 422] is DENIED; 2. The Motion for Release Pending Appeal filed by Defendant Bryan S. Wood [R. 423] is DENIED; 3. The Motion for Bond Pending Appeal filed by Defendant Robert L. Bertram, Jr. [R. 426] is DENIED; and 4. The Motion for Release Pending Appeal filed by Defendant Robin Peavler [R. 427] is DENIED. Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USM,USP, 6ccaMEMORANDUM OPINION AND ORDER as to Robin G. Peavler (3); denying 423 Motion for Bond as to Bryan S. Wood (5): 1. The Motion for Bond Pending Appeal filed by Defendant Brian Walters and Defendant James W. Bottom [R. 422] is DENIED; 2. The Motion for Release Pending Appeal filed by Defendant Bryan S. Wood [R. 423] is DENIED; 3. The Motion for Bond Pending Appeal filed by Defendant Robert L. Bertram, Jr. [R. 426] is DENIED; and 4. The Motion for Release Pending Appeal filed by Defendant Robin Peavler [R. 427] is DENIED. Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USM,USP, 6ccaMEMORANDUM OPINION AND ORDER as to Robin G. Peavler (3); denying 423 Motion for Bond as to Bryan S. Wood (5): 1. The Motion for Bond Pending Appeal filed by Defendant Brian Walters and Defendant James W. Bottom [R. 422] is DENIED; 2. The Motion for Release Pending Appeal filed by Defendant Bryan S. Wood [R. 423] is DENIED; 3. The Motion for Bond Pending Appeal filed by Defendant Robert L. Bertram, Jr. [R. 426] is DENIED; and 4. The Motion for Release Pending Appeal filed by Defendant Robin Peavler [R. 427] is DENIED. Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USM,USP, 6ccaMEMORANDUM OPINION AND ORDER as to Robin G. Peavler (3); denying 423 Motion for Bond as to Bryan S. Wood (5): 1. The Motion for Bond Pending Appeal filed by Defendant Brian Walters and Defendant James W. Bottom [R. 422] is DENIED; 2. The Motion for Release Pending Appeal filed by Defendant Bryan S. Wood [R. 423] is DENIED; 3. The Motion for Bond Pending Appeal filed by Defendant Robert L. Bertram, Jr. [R. 426] is DENIED; and 4. The Motion for Release Pending Appeal filed by Defendant Robin Peavler [R. 427] is DENIED. Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USM,USP, 6ccaMEMORANDUM OPINION AND ORDER as to Robin G. Peavler (3); denying 423 Motion for Bond as to Bryan S. Wood (5): 1. The Motion for Bond Pending Appeal filed by Defendant Brian Walters and Defendant James W. Bottom [R. 422] is DENIED; 2. The Motion for Release Pending Appeal filed by Defendant Bryan S. Wood [R. 423] is DENIED; 3. The Motion for Bond Pending Appeal filed by Defendant Robert L. Bertram, Jr. [R. 426] is DENIED; and 4. The Motion for Release Pending Appeal filed by Defendant Robin Peavler [R. 427] is DENIED. Signed by Judge Gregory F. VanTatenhove on 2/21/2018. (AKR)cc: COR,USM,USP, 6cca