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05-030 - USA v. Day et al


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05-030 - USA v. Day et al
May 27, 2005
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MEMORANDUM, OPINION AND ORDER: US' motion to disqualify the law firm of Stephan Charles 14 in 6:04-CR-28-DCR and 60 in 6:04-CR-30-S-DCR is GRANTED. The law office of Stephan Charles and Stephan Charles individually is DISQUALIFIED as counsel in these proceedings. Signed by Judge Danny C. Reeves. (MRS)cc: COR, USM, USPMEMORANDUM, OPINION AND ORDER: US' motion to disqualify the law firm of Stephan Charles 14 in 6:04-CR-28-DCR and 60 in 6:04-CR-30-S-DCR is GRANTED. The law office of Stephan Charles and Stephan Charles individually is DISQUALIFIED as counsel in these proceedings. Signed by Judge Danny C. Reeves. (MRS)cc: COR, USM, USPMEMORANDUM, OPINION AND ORDER: US' motion to disqualify the law firm of Stephan Charles 14 in 6:04-CR-28-DCR and 60 in 6:04-CR-30-S-DCR is GRANTED. The law office of Stephan Charles and Stephan Charles individually is DISQUALIFIED as counsel in these proceedings. Signed by Judge Danny C. Reeves. (MRS)cc: COR, USM, USP
June 1, 2005
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ORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPORDER as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith re 68 MOTION for Order Regulating Discovery filed by USA: Motion is GRANTED in part, and DENIED in part, consistent w/ above Opinion. Motions terminated as to Kenneth Day, Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Loreda Sizemore Smith, Kenneth Salyers, Thomas Edward Effler, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith: . Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USP
July 18, 2005
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MEMORANDUM OPINION AND ORDER as to Mark Edward Baird, Thomas Edward Effler, re ORAL MOTION to disqualify law firm of Jensen, Cessna, Benge and Webster: US' oral motion to disqualify law firm of Jensen, Cessna, Benge and Webster is GRANTED. The law firm of Jensen, Cessna, Benge and Webster - and attys practicing w/in that firm - are DISQUALIFIED as counsel in these proceedings. Motions terminated as to Mark Edward Baird, Thomas Edward Effler: ORAL MOTION to disqualify law firm of Jensen, Cessna, Benge and Webster. Signed by Judge Danny C. Reeves. (JMB)cc: COR, USM, USPMEMORANDUM OPINION AND ORDER as to Mark Edward Baird, Thomas Edward Effler, re ORAL MOTION to disqualify law firm of Jensen, Cessna, Benge and Webster: US' oral motion to disqualify law firm of Jensen, Cessna, Benge and Webster is GRANTED. The law firm of Jensen, Cessna, Benge and Webster - and attys practicing w/in that firm - are DISQUALIFIED as counsel in these proceedings. Motions terminated as to Mark Edward Baird, Thomas Edward Effler: ORAL MOTION to disqualify law firm of Jensen, Cessna, Benge and Webster. Signed by Judge Danny C. Reeves. (JMB)cc: COR, USM, USP
July 20, 2005
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REPORT AND RECOMMENDATIONS as to Randy Salyers: RECOMMENDED that Motion to Suppress 185 by the co-defendant, Randy Salyers, should be DENIED. Particularized objections to this R/R must be filed within 10 days of the date of service of the same or further appeal is waived. A party may file a response to another party's objection within 10 days after being served with a copy thereof. **Objections to R&R due by 8/3/2005. Signed by Judge J. B. Johnson Jr. (MRS)cc: COR, USM, USP
August 1, 2005
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MEMORANDUM OPINION AND ORDER as to Mark Edward Baird re 275 MOTION for Reconsideration re 254 Memorandum Opinion and Order Disqualifying Law Firm of Jensen, Cessna, Benge and Webster, OR in the Alternative, MOTION to Declare Order Disqualifying Jensen, Cessna, Benge and Webster a Final and Appealable Order filed by Mark Edward Baird: Baird's motion to reconsider and motion to declare July 18th Memorandum Opinion and Order a final and appealable order 275 are DENIED.,, Motions terminated as to Mark Edward Baird: . Signed by Judge Danny C. Reeves. (JMB)cc: COR, USM, USP
August 9, 2005
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REPORT AND RECOMMENDATIONS as to Robert N. Demling re 200 MOTION to Suppress: Motion to Suppress 200 by co-dft Robert Demling should be DENIED. **Objections to R&R due by 8/23/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USP
August 22, 2005
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Robert N. Demling for 299 Report and Recommendations, 200 Motion to Suppress filed by Robert N. Demling: 1) Dft's Motion to Suppress 200 is DENIED; 2) US Mag. Judge J.B. Johnson, Jr.'s R and R 299 is ADOPTED and INCORPORATED in full by reference; and 3) Dft's objections 306 to this report are OVERRULED., Motions terminated as to Robert N. Demling: 299 REPORT AND RECOMMENDATIONS as to Robert N. Demling re 200 MOTION to Suppress, 200 MOTION to Suppress filed by Robert N. Demling,. . Signed by Judge Danny C. Reeves. (JMB)cc: COR, USM, USP
October 11, 2005
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MEMORANDUM OPINION & ORDER as to Randy Salyers: Mag. Judge's R&R 264 is ACCEPTED AND ORDERS that Salyers' Motion to Suppress 185 is DENIED. In addition to reg svc by mail, copy of this Order shall be transmitted forthwith to COR by fax or electronic filing. Motions terminated as to Randy Salyers: 185 MOTION to Suppress filed by Randy Salyers,, 264 REPORT AND RECOMMENDATIONS as to Randy Salyers re 185 MOTION to Suppress. . Signed by Judge Karen K. Caldwell. (JMB)cc: COR, USM, USP
October 14, 2005
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REPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USPREPORT AND RECOMMENDATIONS as to Terry Holland, James Henry Davidson, Jr, Mark Edward Baird, Steven Neal Davidson, Randy Salyers, Melvin Couch, Charles Harvey Lewis, Robert N. Demling, Michelle L. Smith, Jennings B. White, John R Sherry, Millard Oscar Hubbard, Jennifer Michelle Garrison re 316 MOTION to Suppress Fruits of Electronic Surveillance: 1) "Motion to Suppress" 316 by co-dft Jennings White should be DENIED; and 2) To extent that any co-dfts have standing to challenge the wiretap of any conversations in which they participated, their written or oral motions to suppress 333, 345, 348, 350, 359, 363, 365, 368, 371, 411 should also be DENIED. Objections to this R and R must be filed w/in 10 days of date of svc and any responses thereto shall be filed w/in 10 days thereafter. **Objections to R&R due by 10/28/2005**. Signed by Judge J. B. Johnson Jr.. (JMB)cc: COR, USM, USP
November 2, 2005
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to James Henry Davidson, Jr, Jennifer Michelle Garrison for 432 Report and Recommendations, 368 Motion to Suppress filed by Jennifer Michelle Garrison: Motions to suppress 363 368 are DENIED and the Magistrate Judge's Report and Recommendation entered on 10/14/2005 is adopted as opinion of this Court. In addition to regular svc by mail, copy of this Order shall be transmitted to COR by fax or electronic filing. Motions terminated as to James Henry Davidson, Jr, Jennifer Michelle Garrison: 368 FIRST MOTION to Suppress filed by Jennifer Michelle Garrison,, 432 REPORT AND RECOMMENDATIONS. . Signed by Judge Karen K. Caldwell. (JMB)cc: COR, USM, USPORDER ADOPTING REPORT AND RECOMMENDATIONS as to James Henry Davidson, Jr, Jennifer Michelle Garrison for 432 Report and Recommendations, 368 Motion to Suppress filed by Jennifer Michelle Garrison: Motions to suppress 363 368 are DENIED and the Magistrate Judge's Report and Recommendation entered on 10/14/2005 is adopted as opinion of this Court. In addition to regular svc by mail, copy of this Order shall be transmitted to COR by fax or electronic filing. Motions terminated as to James Henry Davidson, Jr, Jennifer Michelle Garrison: 368 FIRST MOTION to Suppress filed by Jennifer Michelle Garrison,, 432 REPORT AND RECOMMENDATIONS. . Signed by Judge Karen K. Caldwell. (JMB)cc: COR, USM, USP
February 10, 2006
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MEMORANDUM OPINION AND ORDER as to Mark Edward Baird re 590 MOTION to Leave to File Late Objection to PSR by USA filed by USA: US' motion for leave to file late objections to Dft Baird's PSR 590 is GRANTED. Dft's objections to this motion are OVERRULED. Motions terminated as to Mark Edward Baird: . Signed by Judge Danny C. Reeves. (JMB)cc: COR, USM, USP
September 7, 2007
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RECOMMENDED DISPOSITION as to James Henry Davidson, Jr re 787 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 06-407.): 1) District Court deny, w/ prejudice, the motion to vacate, set aside or correct sentence; 2) District Court refuse a Certificate of Appealability as to all issues. Court directs parties to 28:636(b)(1) for appeal rights re this recommendation. Within 10 days after being served w/ copy of this recommended decision, any party may file written objections to any or all portions for consideration, de novo, by District Court. **Objections to R&R due by 9/24/2007**. Signed by Judge Robert E. Wier. (JMB)cc: COR, USP, James Henry Davidson, Jr.
January 2, 2008
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MEMORANDUM OPINION and ORDER as to Robert N. Demling: 1. The Recommended Disposition and Supplement to the Recommended Disposition of United States Magistrate Judge Robert E. Wier [Record Nos. 853, 873] are ADOPTED andINCORPORATED by reference. 2. Demlings objections [Record Nos. 856, 877, and 878] to the Magistrate Judges Report and Recommendation are DENIED. 3. Demlings motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255 [Record No. 778] is DENIED. 4. Demlings request for an evidentiary hearing is DENIED because there are no allegations that, if fully developed, could lead the court to believe that habeas relief is warranted.5. A certificate of appealability shall issue as to Demlings claim for ineffective assistance of counsel. 6. This judgment is final; and 7. This matter is STRICKEN from the active docket. Signed by Judge Danny C. Reeves on 1/2/08. (MRS)cc: COR, USM, USP
January 17, 2008
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MEMORANDUM OPINION AND ORDER as to James Henry Davidson, Jr re 879 REPORT AND RECOMMENDATIONS as to James Henry Davidson, Jr re 787 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 06-407.): 1) US Mag Judge Robert E. Wier's Recommended Disposition 879 is ADOPTED and INCORPORATED by reference; 2) Davidson's 883 Objections to Recommended Decision are DENIED; 3) Davidson's 787 MOTION to Vacate under 28 U.S.C. 2255 is DENIED; 4) A COA shall not issue because Davidson has not made a substantial showing of denial of any substantive constitutional right; and 5) Davidson's civil action( Civil Action 06-407) is DISMISSED and STRICKEN from Court's docket. Motions terminated as to James Henry Davidson, Jr: 787 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 06-407.) filed by James Henry Davidson, Jr., 879 REPORT AND RECOMMENDATIONS as to James Henry Davidson, Jr re 787 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 06-407.). Signed by Judge Danny C. Reeves on 1/17/2008. (JMB)cc: COR,USP, James H. Davidson, Jr.
August 13, 2013
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MEMORANDUM OPINION AND ORDER as to Melvin Couch: Defendant Couch's Motion to Modify Sentence under 18 U.S.C. § 3582(c)(2) [Record No. 954 is DENIED. Signed by Judge Danny C. Reeves on 08/13/2013. (MRS)cc: COR,USP, Pro Se Filer
November 25, 2014
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MEMORANDUM OPINION AND ORDER: denying 981 Motion to Reduce Sentence - USSC Amendment as to Steven Neal Davidson (5). Signed by Judge Danny C. Reeves on 11/25/14. (SYD)cc: COR,USP, mailed to pro se filer
December 10, 2014
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MEMORANDUM OPINION AND ORDER: denying 984 Motion to Reduce Sentence - USSC Amendment as to Terry Holland (2). Signed by Judge Danny C. Reeves on 12/10/14. (SYD)cc: COR,USP, mailed to pro se filer
December 22, 2014
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ORDER as to James Henry Davidson Jr. (3): It is hereby ORDERED that Defendant James Davidsons Motion for Modification or Reduction of Sentence pursuant to 18 U.S.C. § 3582(c)(2) 986 is DENIED. Signed by Judge Danny C. Reeves on 12/22/2014. (KJA)cc: COR,USM,USP, mailed paper copy to pro se filer Modified document type on 12/22/2014 (KJA).
March 15, 2016
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MEMORANDUM OPINION AND ORDER as to Terry Holland (2): Defendant Terry Holland's motion [Record No. 1002 to reduce his sentence, construed as a motion for reconsideration, is DENIED. Signed by Judge Danny C. Reeves on 3/15/16. (MRS)cc: COR,USM,USP, Pro Se Filer
April 6, 2016
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MEMORANDUM OPINION AND ORDER as to Robert N. Demling (12): Defendant Robert Demling's motion [Record No. 1004 to reduce his sentence is DENIED. Signed by Judge Danny C. Reeves on 4/6/16. (MRS)cc: COR, USP