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14-367 - USA v. Hickman-Smith


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14-367 - USA v. Hickman-Smith
November 5, 2014
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ORDER of Detention pending trial as to defendant Timothy Hickman-Smith. Ordered by Magistrate Judge Thomas D. Thalken. (KMG)
January 15, 2015
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FINDINGS AND RECOMMENDATION regarding MOTION to Suppress Evidence14 as to defendant Timothy Hickman-Smith. IT IS RECOMMENDED TO SENIOR JUDGE JOSEPH F. BATAILLON that: Hickman-Smiths Motion to Suppress Evidence (Filing No. 14) be denied. Pursuant to NECrimR 59.2 any objection to this Order and Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order and Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
February 9, 2015
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ORDER as to defendant Timothy Hickman-Smith (1). This matter is before the court on the motion of defendant Timothy Hickman-Smith (Hickman-Smith) to amend the transcript of the hearing on Hickman-Smith's motion to suppress (Filing No. 45). A transcript of the hearing was filed on January 9, 2015 (Filing No. 39). Hickman-Smith asserts the witness Fortune responded to a question stating "I lied," and such statement does not appear in the transcript. The government did not respond. The motion is granted to the extent the Clerk shall cause the transcriber to re-review the recording, especially at Line 21 on Page 49 of the transcript, to determine what the witness Fortune stated and shall file an amended transcript to include any words or utterances. If unintelligible, the transcript shall so state. If the transcriber believes the transcript is accurate, the transcriber shall so notify the court. IT IS SO ORDERED Ordered by Magistrate Judge Thomas D. Thalken. (GJG)(Copy to request for transcript processors)
February 24, 2015
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MEMORANDUM AND ORDER that defendant's Motion to Suppress 14 is denied; defendant's Objections 41 are overruled; and the Findings and Recommendation 40 of the magistrate judge is adopted in its entirety as to Timothy Hickman-Smith (1). Ordered by Senior Judge Joseph F. Bataillon. (ADB)
October 28, 2015
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ORDER - THEREFORE, IT IS ORDERED THAT defendant's notice of appeal, Filing No. 70, is untimely. Further, the Court determines that defendant is not permitted to proceed in forma pauperis in this case. Filing No. 71 as to defendant Timothy Hickman-Smith. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
September 15, 2016
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ORDER - THEREFORE, IT IS ORDERED: On initial review, the court finds that summary dismissal is not appropriate, as to the issues of ineffective assistance of counsel and as to prosecutorial misconduct. The United States shall file an answer to the defendant's § 2255 motion within 21 days of the date of this order as to defendant Timothy Hickman-Smith. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
March 2, 2017
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT defendant's claim for relief pursuant to 28 U.S.C. § 2255, Filing No. 82, is denied. A separate judgment will be entered in conjunction with this memorandum and order as to Timothy Hickman-Smith. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)( TCL) Civil Case 8:16-cv-00369-JFB closed.
November 7, 2017
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CERTIFICATION OF LOST EXHIBIT - This matter is before the court upon notification from the Clerk of Court that Exhibit 103, from the hearing held on December 11, 2014, cannot be located. Exhibit 103 is a photo of the front of defendant's vehicle. The Clerk's employees have searched diligently and extensively for this exhibit to no avail. They have likewise contacted Assistant United States Attorney Thomas Kangior and defendants counsel at the hearing, J. William Gallup regarding whether they have a copy of that exhibit, and neither have a copy. After a follow-up call to the Eighth Circuit, at this time they only need exhibits 6 and 7 from the December 11, 2014 hearing. Accordingly, the court certifies that Exhibit 103 from the hearing held on December 11, 2014, is missing and unavailable as to defendant Timothy Hickman-Smith. SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)