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12-065 - USA v. Stoian et al


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12-065 - USA v. Stoian et al
January 7, 2013
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MEMORANDUM OPINION & ORDER as to Nicholas Corey Garner, Eli Holley: (1) Attorney Eric C. Deters DISQUALIFIED from representing either dft Garner or Holley, is STRICKEN AS COUNSEL OF RECORD, and is relieved of further responsibility in this matter once he has advised his clients of this memorandum opinion and order; (2) that Dft Garner shall acquire new counsel, who shall enter an appearance, or advise the Court of his intent to proceed pro se w/in 10 days of entry of this order; (3) that Dft Holley shall acquire new counsel, who shall enter an appearance, or advise the Court of her intent to proceed pro se w/in 10 days of entry of this order. Signed by Judge Joseph M. Hood on 1/7/2013. (STB)cc: COR,USM,USP MEMORANDUM OPINION & ORDER as to Nicholas Corey Garner, Eli Holley: (1) Attorney Eric C. Deters DISQUALIFIED from representing either dft Garner or Holley, is STRICKEN AS COUNSEL OF RECORD, and is relieved of further responsibility in this matter once he has advised his clients of this memorandum opinion and order; (2) that Dft Garner shall acquire new counsel, who shall enter an appearance, or advise the Court of his intent to proceed pro se w/in 10 days of entry of this order; (3) that Dft Holley shall acquire new counsel, who shall enter an appearance, or advise the Court of her intent to proceed pro se w/in 10 days of entry of this order. Signed by Judge Joseph M. Hood on 1/7/2013. (STB)cc: COR,USM,USP
August 20, 2013
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MEMORANDUM OPINION AND ORDER: Atty Wohlander's 268 Motion for Attorney Fees as to Petrica Octavian Stoian (1) is DENIED. Signed by Judge Joseph M. Hood on 8/20/2013. (STC)cc: COR,USP
December 6, 2013
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MEMORANDUM OPINION & ORDER as to Nicholas Corey Garner: (1) GRANTING IN PART & DENYING IN PART dft's 314 MOTION for Order for De Novo Review of Detention; granted insofar as the court has undertaken the requested review; denied insofar as the court declines to order dft's release; (2) the clerk shall FILE the letter received from dft dated 11/14/13 in the record. Signed by Judge Joseph M. Hood on 12/6/13. (KJR)cc: COR,USP
February 19, 2014
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MEMORANDUM OPINION and ORDER as to Nicholas Corey Garner: (1) Dft's 381 MOTION for Psychiatric Exam DENIED as untimely; (2) upon Court's own Motion, Dft committed to custody of AG for 45 days so that psychiatric or psychological exam of dft may be conducted; (3) report shall be prepared and filed w/ Court; (4) If rpt includes opinion by examiner that dft is suffering from mental disease or defect by not such to require custody for care or treatment, rpt shall also include opinion re sentencing alternatives for dft needed treatment. Signed by Judge Joseph M. Hood on 2/19/2014. (STC)cc: COR,USM,USP
November 10, 2014
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MEMORANDUM OPINION AND ORDER: Defendant Holley's 480 Motion to Withdraw Plea of Guilty is DENIED. Signed by Judge Joseph M. Hood on 11/10/2014. (STC)cc: COR,USP
December 19, 2014
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MEMORANDUM OPINION & ORDER as to Petrica Octavian Stoian, Nicholas Corey Garner, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Dwayne Hardy, Nathaniel Garner, Harold Smith. Signed by Judge Joseph M. Hood on 12/19/2014. (STC)cc: COR,USP MEMORANDUM OPINION & ORDER as to Petrica Octavian Stoian, Nicholas Corey Garner, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Dwayne Hardy, Nathaniel Garner, Harold Smith. Signed by Judge Joseph M. Hood on 12/19/2014. (STC)cc: COR,USP MEMORANDUM OPINION & ORDER as to Petrica Octavian Stoian, Nicholas Corey Garner, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Dwayne Hardy, Nathaniel Garner, Harold Smith. Signed by Judge Joseph M. Hood on 12/19/2014. (STC)cc: COR,USP MEMORANDUM OPINION & ORDER as to Petrica Octavian Stoian, Nicholas Corey Garner, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Dwayne Hardy, Nathaniel Garner, Harold Smith. Signed by Judge Joseph M. Hood on 12/19/2014. (STC)cc: COR,USP MEMORANDUM OPINION & ORDER as to Petrica Octavian Stoian, Nicholas Corey Garner, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Dwayne Hardy, Nathaniel Garner, Harold Smith. Signed by Judge Joseph M. Hood on 12/19/2014. (STC)cc: COR,USP MEMORANDUM OPINION & ORDER as to Petrica Octavian Stoian, Nicholas Corey Garner, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Dwayne Hardy, Nathaniel Garner, Harold Smith. Signed by Judge Joseph M. Hood on 12/19/2014. (STC)cc: COR,USP MEMORANDUM OPINION & ORDER as to Petrica Octavian Stoian, Nicholas Corey Garner, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Dwayne Hardy, Nathaniel Garner, Harold Smith. Signed by Judge Joseph M. Hood on 12/19/2014. (STC)cc: COR,USP MEMORANDUM OPINION & ORDER as to Petrica Octavian Stoian, Nicholas Corey Garner, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Dwayne Hardy, Nathaniel Garner, Harold Smith. Signed by Judge Joseph M. Hood on 12/19/2014. (STC)cc: COR,USP MEMORANDUM OPINION & ORDER as to Petrica Octavian Stoian, Nicholas Corey Garner, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Dwayne Hardy, Nathaniel Garner, Harold Smith. Signed by Judge Joseph M. Hood on 12/19/2014. (STC)cc: COR,USP
January 27, 2015
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MEMORANDUM OPINON & ORDER: (1) Clerk shall file Defendant Nicholas Corey Garner's "Response to Court's Order DE # 569" in record. (2) Garner's request for relief in his "Response to Court's Order DE # 569" is DENIED IN PART, with respect to his request to discharge appointed counsel. (3) Garner's request for relief in his "Response to Court's Order DE # 569" remains pending in part with respect to his request for self-representation. (4) Attorney Andrew M. Stephens remains counsel of record at this time. (5) matter remain scheduled for sentencing of defendant on Monday, February 2, 2015, at 1:00 P.M. regardless of whether defendant is proceeding with Mr. Stephens as his attorney or pro se.(6) A copy of this Order shall be served by certified mail upon defendant at the address indicated on the motion. Signed by Judge Joseph M. Hood on 1/27/2015. (STC)cc: COR,USP,Dft
January 28, 2015
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AMENDED MEMORANDUM OPINION & ORDER as to Nicholas Corey Garner: (1) Clerk shall file Defendant Nicholas Corey Garner's "Response to Court's Order DE # 569" in the record; (2) Garner's request for relief in his "Response to Court's Order DE # 569" is DENIED IN PART, with respect to his request to discharge appointed counsel. (3) Garner's request for relief in his "Response to Court's Order DE # 569" remains pending in part with respect to his request for self-representation. (4) Attorney Andrew M. Stephens remains counsel of record at this time. (5) matter remains scheduled for sentencing of defendant on Monday, February 2, 2015, at 1:00 P.M. regardless of whether defendant is proceeding with Mr. Stephens as his attorney or pro se. (6) A copy of this Order shall be served by certified mail upon defendant at address indicated on motion at bar. Signed by Judge Joseph M. Hood on 1/28/2015. (STC)cc: COR,USP,DFT
February 4, 2015
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MEMORANDUM OPINION as to Nicholas Corey Garner: several of the specific offense characteristics & adjustments proposed in the PSR were contested by dft,;the court enters this opinion to memorialize the basis for its decision w/respect to number of victims & the adjustment for dft's role in the offense, in addition to what was announced on the record at the hearing w/respect to these & other specific characteristics & enhancements. Signed by Judge Joseph M. Hood on 2/4/15. (KJR)cc: COR,USP, Garner (US Mail); Modified text on 2/4/2015 (KJR).
February 4, 2015
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MEMORANDUM OPINION as to Nathaniel Garner: DENYING dft's 574 MOTION for Reconsideration re 566 Letter. Signed by Judge Joseph M. Hood on 2/4/15. (KJR)cc: COR,USP
March 3, 2015
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MEMORANDUM OPINION & ORDER as to Nicholas Corey Garner: (1) DENYING WITHOUT PREJUDICE dft's 662 MOTION to Appoint Counsel; (2) that the clerk shall forward a copy of this order & Motion for appointment of counsel to the clerk for the 6CCA. Signed by Judge Joseph M. Hood on 3/3/15. (KJR)cc: COR,6CCA, Garner (US Mail)
March 10, 2015
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MEMORANDUM OPINION AND ORDER as to Nicholas Corey Garner: (1) that Defendant's Motions 679 680 to appoint new counsel, dated February 24, 2015, and received on March 9 and 10, 2015, are DENIED AS MOOT, in light of the Court's March 3, 2015, Order 669; (2) that the Clerk shall forward a copy of the Court's March 3, 2015 Order 669, to Defendant Garner along with acopy of this Order. Signed by Judge Joseph M. Hood on 3/10/2015. (STC)cc: COR,USP,Dft
April 2, 2015
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MEMORANDUM OPINION & ORDER as to Eli Holley: DENYING dft's 708 MOTION for Release Pending Appeal. Signed by Judge Joseph M. Hood on 4/2/15. (KJR)cc: COR,USM,USP, Holley (US Mail). Modified text on 4/2/2015 (KJR).
April 10, 2015
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MEMORANDUM OPINION AND ORDER as to Petrica Octavian Stoian, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Nathaniel Garner: Restitution will be ordered, jointly and severally, in amt of $69,539.00 for Defendant Petrica Octavian Stoian; $1,807,517.06 for Defendant Sabrina Carmichael; $1,807,517.06 for Defendant Eli Holley; $1,651,745.07 for Defendant Brooks Sowell; and $62,287.00 for Defendant April Abrams. No restitution will be ordered as to Defendant Nathaniel Garner. Signed by Judge Joseph M. Hood on 4/10/2015. (STC)cc: COR,USM,USP MEMORANDUM OPINION AND ORDER as to Petrica Octavian Stoian, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Nathaniel Garner: Restitution will be ordered, jointly and severally, in amt of $69,539.00 for Defendant Petrica Octavian Stoian; $1,807,517.06 for Defendant Sabrina Carmichael; $1,807,517.06 for Defendant Eli Holley; $1,651,745.07 for Defendant Brooks Sowell; and $62,287.00 for Defendant April Abrams. No restitution will be ordered as to Defendant Nathaniel Garner. Signed by Judge Joseph M. Hood on 4/10/2015. (STC)cc: COR,USM,USP MEMORANDUM OPINION AND ORDER as to Petrica Octavian Stoian, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Nathaniel Garner: Restitution will be ordered, jointly and severally, in amt of $69,539.00 for Defendant Petrica Octavian Stoian; $1,807,517.06 for Defendant Sabrina Carmichael; $1,807,517.06 for Defendant Eli Holley; $1,651,745.07 for Defendant Brooks Sowell; and $62,287.00 for Defendant April Abrams. No restitution will be ordered as to Defendant Nathaniel Garner. Signed by Judge Joseph M. Hood on 4/10/2015. (STC)cc: COR,USM,USP MEMORANDUM OPINION AND ORDER as to Petrica Octavian Stoian, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Nathaniel Garner: Restitution will be ordered, jointly and severally, in amt of $69,539.00 for Defendant Petrica Octavian Stoian; $1,807,517.06 for Defendant Sabrina Carmichael; $1,807,517.06 for Defendant Eli Holley; $1,651,745.07 for Defendant Brooks Sowell; and $62,287.00 for Defendant April Abrams. No restitution will be ordered as to Defendant Nathaniel Garner. Signed by Judge Joseph M. Hood on 4/10/2015. (STC)cc: COR,USM,USP MEMORANDUM OPINION AND ORDER as to Petrica Octavian Stoian, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Nathaniel Garner: Restitution will be ordered, jointly and severally, in amt of $69,539.00 for Defendant Petrica Octavian Stoian; $1,807,517.06 for Defendant Sabrina Carmichael; $1,807,517.06 for Defendant Eli Holley; $1,651,745.07 for Defendant Brooks Sowell; and $62,287.00 for Defendant April Abrams. No restitution will be ordered as to Defendant Nathaniel Garner. Signed by Judge Joseph M. Hood on 4/10/2015. (STC)cc: COR,USM,USP MEMORANDUM OPINION AND ORDER as to Petrica Octavian Stoian, Sabrina Carmichael, Eli Holley, Brooks Sowell, April Abrams, Nathaniel Garner: Restitution will be ordered, jointly and severally, in amt of $69,539.00 for Defendant Petrica Octavian Stoian; $1,807,517.06 for Defendant Sabrina Carmichael; $1,807,517.06 for Defendant Eli Holley; $1,651,745.07 for Defendant Brooks Sowell; and $62,287.00 for Defendant April Abrams. No restitution will be ordered as to Defendant Nathaniel Garner. Signed by Judge Joseph M. Hood on 4/10/2015. (STC)cc: COR,USM,USP
April 22, 2015
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MEMORANDUM OPINION AND ORDER as to Harold Smith: Restitution ordered, jointly and severally, in amount of $1,727,250.06 for Defendant Harold Smith. Signed by Judge Joseph M. Hood on 4/22/2015. (STC)cc: COR,USM,USP
June 11, 2015
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MEMORANDUM OPINION AND ORDER as to Nicholas Corey Garner: Restitution is ordered, jointly and severally, in the amount of $1,807,517.06 for Dft Nicholas Corey Garner. Signed by Judge Joseph M. Hood on 6/11/2015. (STC)cc: COR,USP
June 11, 2015
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MEMORANDUM OPINION AND ORDER as to Petrica Octavian Stoian: USA's 765 Motion to Reconsider Restitution Order is DENIED. Signed by Judge Joseph M. Hood on 6/11/2015. (STC)cc: COR,USP
April 21, 2017
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MEMORANDUM OPINION AND ORDER as to Petrica Octavian Stoian (1): (1) Clerk shall file dft's Motion for Sentence Clarification as to Time Served in Hungary in record. (2) Dft Stoian's Motion for Sentence Clarification as to Time Served in Hungary is DENIED WITHOUT PREJUDICE to its filing at appropriate time and before appropriate Court. Signed by Judge Joseph M. Hood on 4/21/2017. (GLD)cc: COR,USM,USP, Dft
September 1, 2017
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MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS as to Nathaniel Garner: Recommends that dft's 825 MOTION to Vacate under 28 U.S.C. 2255 and request for Evidentiary Hearing 843 be denied; and that this action be dismissed w/prejudice and stricken from docket. Objections must be filed w/in 14 days of date of service or further appeal is waived. Signed by Magistrate Judge Edward B. Atkins on 9/1/2017. (GLD)cc: COR,USM,USP, Nathaniel Garner via U.S. Mail
September 22, 2017
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MEMORANDUM OPINION & ORDER as to Nathaniel Garner: (1) Magistrate Judge's Report and Recommendation 865 is ACCEPTED and ADOPTED as the Court's decision; (2) Petitioner's Motion Under 28 U.S.C. ยง 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody 825 is DENIED; and (3) no certificate of appealability will issue. Signed by Judge Joseph M. Hood on 9/22/2017. (STC)cc: COR,USP,Dft Civil Case 5:17-cv-00107-JMH-EBA closed.