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06-147 - USA v. Alsup et al


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06-147 - USA v. Alsup et al
January 31, 2007
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MEMORANDUM and ORDER granting 80 Motion to Withdraw as Attorney. Kelly S Johnson withdrawn from case as to Christopher Kelso and substituted with retained counsel Donny Young. Signed by Judge H Bruce Guyton on 01/31/07. (NGW)
March 14, 2007
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MEMORANDUM and ORDER granting 101 Motion to Allow Counsel to Carry Laptop into Pretrial Detention Center as to Darrell Carter (5). Signed by Judge H Bruce Guyton on 3/14/07. (NGW)
April 30, 2007
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MEMORANDUM and ORDER denying as moot 73 Motion for Release of Brady Materials as to Jefferson L Bivings (8); denying as moot 74 Motion as to Jefferson L Bivings (8); denying as moot 75 Motion for Discovery as to Jefferson L Bivings (8); denying as moot 76 Motion as to Jefferson L Bivings (8); granting 77 Motion in Limine as to Jefferson L Bivings (8); denying as moot 106 Second Motion for Release of Brady Materials as to Jefferson L Bivings (8). Signed by Judge H Bruce Guyton on 4/30/07. (NGW)
May 8, 2007
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MEMORANDUM and ORDER denying 119 Motion for Contact Visit as to Cedric Deon Clark (9). Signed by Judge H Bruce Guyton on 5/8/07. (NGW)
June 12, 2007
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MEMORANDUM and ORDER denying 108 Motion in Limine as to Christopher Kelso (6); denying 109 Motion as to Christopher Kelso (6); denying 110 Motion for Release of Brady Materials as to Christopher Kelso (6)Signed by Judge H Bruce Guyton on 6/12/07. (NGW)
June 12, 2007
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ORDER OF DETENTION PENDING TRIAL as to Christopher Kelso signed by Judge H Bruce Guyton on 06/12/07. (NGW)
July 11, 2007
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JUDGMENT as to Darrell Carter (5): Original Count(s) 1, Superceded/Disposed; Count(s) 1s: 168 months imprisonment term to run concurrent with Count 2s followed by 5 years supervised release to run concurrent with 3 year term in Count 2s. $100 special assessment. Count(s) 2s: 168 months imprisonment to run concurrent with Count 1s followed by 3 years supervised released to run concurrent to 5 years imposed as to Count 1s. $100 special assessment. Court recommends 500 hours BOP Residential Drug Abuse Treatment Program. Court recommends Montgomery, AL. Dft remanded to custody of USM. Signed by Judge Thomas A Varlan on 7/11/07. (NGW)
August 9, 2007
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ORDER granting 170 Motion to Unseal Document 123 Plea Agreement, as to Shermond Alsup (1). Signed by Judge H Bruce Guyton on 08/09/07. (NGW)
August 10, 2007
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MEMORANDUM and ORDER as to Christopher Kelso, Jefferson L Bivings, Brent Devonn Ooten continuing scheduling conf. and arraignment on 3rd superceding indictment to 9/7/07 at 9:30 a.m. Signed by Judge H Bruce Guyton on 08/10/07. (NGW)MEMORANDUM and ORDER as to Christopher Kelso, Jefferson L Bivings, Brent Devonn Ooten continuing scheduling conf. and arraignment on 3rd superceding indictment to 9/7/07 at 9:30 a.m. Signed by Judge H Bruce Guyton on 08/10/07. (NGW)MEMORANDUM and ORDER as to Christopher Kelso, Jefferson L Bivings, Brent Devonn Ooten continuing scheduling conf. and arraignment on 3rd superceding indictment to 9/7/07 at 9:30 a.m. Signed by Judge H Bruce Guyton on 08/10/07. (NGW)
October 3, 2007
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MEMORANDUM and ORDER finding as moot 78 Motion to Suppress as to Jefferson L Bivings (8); finding as moot 155 Motion in Limine as to Jefferson L Bivings (8). Signed by Judge H Bruce Guyton on 10/3/07. (NGW)
October 25, 2007
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MEMORANDUM and ORDER finding as moot 185 Motion for Bill of Particulars as to Brent Devonn Ooten (10); finding as moot 186 Motion as to Brent Devonn Ooten (10); finding as moot 187 Motion to Suppress as to Brent Devonn Ooten (10). Signed by Judge H Bruce Guyton on 10/25/07. (NGW)
December 20, 2007
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MEMORANDUM AND ORDER - Ends of Justice as to Christopher Kelso, Javis Dean: Time excluded from 12/4/2007 until 2/19/2008. Granting 225 MOTION to Continue filed by USA. Jury Trial reset for 2/19/2008 9:00 AM in Courtroom 3C before District Judge Thomas A Varlan. Pretrial Conference set for 2/11/2008 9:30 AM in Courtroom 3A before Magistrate Judge H Bruce Guyton. Granting 229 Joint MOTION to Continue Plea filed by Dex Hines. Change of Plea reset for 2/19/2008 8:30 AM in Courtroom 3C before District Judge Thomas A Varlan. Signed by Magistrate Judge H Bruce Guyton on 12/20/2007. (JDH)MEMORANDUM AND ORDER - Ends of Justice as to Christopher Kelso, Javis Dean: Time excluded from 12/4/2007 until 2/19/2008. Granting 225 MOTION to Continue filed by USA. Jury Trial reset for 2/19/2008 9:00 AM in Courtroom 3C before District Judge Thomas A Varlan. Pretrial Conference set for 2/11/2008 9:30 AM in Courtroom 3A before Magistrate Judge H Bruce Guyton. Granting 229 Joint MOTION to Continue Plea filed by Dex Hines. Change of Plea reset for 2/19/2008 8:30 AM in Courtroom 3C before District Judge Thomas A Varlan. Signed by Magistrate Judge H Bruce Guyton on 12/20/2007. (JDH)MEMORANDUM AND ORDER - Ends of Justice as to Christopher Kelso, Javis Dean: Time excluded from 12/4/2007 until 2/19/2008. Granting 225 MOTION to Continue filed by USA. Jury Trial reset for 2/19/2008 9:00 AM in Courtroom 3C before District Judge Thomas A Varlan. Pretrial Conference set for 2/11/2008 9:30 AM in Courtroom 3A before Magistrate Judge H Bruce Guyton. Granting 229 Joint MOTION to Continue Plea filed by Dex Hines. Change of Plea reset for 2/19/2008 8:30 AM in Courtroom 3C before District Judge Thomas A Varlan. Signed by Magistrate Judge H Bruce Guyton on 12/20/2007. (JDH)
September 29, 2008
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ORDER granting 271 Motion to Continue Change of Plea before the District Court on the date of trial as to Dex Hines (7). Further proceedings in Mr. Hines' case are continued to November 10, 2008. Signed by Magistrate Judge H Bruce Guyton on September 29, 2008. (AYB)
November 4, 2008
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MEMORANDUM AND ORDER granting 278 Motion to Continue as to Javis Dean (11). Defendant Deans First Motion to Continue the Trial of this Matter [Doc. 278] is GRANTED, The trial of this matter is reset to commence on February 3,2009, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Court Judge. All time between the November 3, 2008 hearing and the new trial date of February 3, 2009, is fully excludable time for speedy trialpurposes as set forth above, and The pretrial conference in this matter is set for January 27, 2009, at 11:00 a.m. Signed by Magistrate Judge H Bruce Guyton on 11/4/2008. (DCP)MEMORANDUM AND ORDER granting 278 Motion to Continue as to Javis Dean (11). Defendant Deans First Motion to Continue the Trial of this Matter [Doc. 278] is GRANTED, The trial of this matter is reset to commence on February 3,2009, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Court Judge. All time between the November 3, 2008 hearing and the new trial date of February 3, 2009, is fully excludable time for speedy trialpurposes as set forth above, and The pretrial conference in this matter is set for January 27, 2009, at 11:00 a.m. Signed by Magistrate Judge H Bruce Guyton on 11/4/2008. (DCP)
December 3, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Christopher Kelso. The defendants Objection To Report and Recommendation are OVERRULED, the Court ACCEPTS IN WHOLE the Report and Recommendation 270 of Magistrate Judge Guyton, and defendants Motion to Suppress 259 is hereby DENIED. Signed by District Judge Thomas A Varlan on 12/3/08. (JAN, )
February 23, 2009
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MEMORANDUM AND ORDER granting 294 Government's Motion to Exclude Defendant Kelsos Proposed Expert Testimony filed on January 19, 2009 as to Christopher Kelso (6). Signed by Magistrate Judge H Bruce Guyton on 2/23/2009. (DCP, )
February 23, 2009
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PRETRIAL ORDER as to Christopher Kelso, Javis Dean. This case will proceed to trial before the Honorable Thomas A. Varlan and a jury, to commence at 9:00 a.m. on March 2, 2009. Signed by Magistrate Judge H Bruce Guyton on 2/23/2009. (DCP, )PRETRIAL ORDER as to Christopher Kelso, Javis Dean. This case will proceed to trial before the Honorable Thomas A. Varlan and a jury, to commence at 9:00 a.m. on March 2, 2009. Signed by Magistrate Judge H Bruce Guyton on 2/23/2009. (DCP, )
May 20, 2009
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MEMORANDUM AND ORDER denying defendant Jefferson L Bivings's 360 Motion that requests an order allowing him to review and, if necessary, copy, the offense level computations and criminal history sections of the Presentence Investigation Reports of his co-defendants, as well as the motions for downward departure filed by the government in connection with the sentencing of his co-defendants. Signed by District Judge Thomas A Varlan on May 20, 2009. (JAN, )
October 21, 2009
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MEMORANDUM AND ORDER: denying defendant's 322 Motion for New Trial as to Christopher Kelso (6). Signed by District Judge Thomas A Varlan on October 21, 2009. (JAN, )
December 15, 2009
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MEMORANDUM OPINION AND ORDER as to Christopher Kelso: In accordance with the Court's December 4, 2009 order, the Court has found that the Motion of Christopher Kelso for New Trial Based on Grounds of Newly-Discovered Evidence (Doc. 377) is not well-taken and DENIED. Signed by District Judge Thomas A Varlan on 12/15/2009 NUNC PRO TUNC December 4, 2009. (KMK)
August 3, 2012
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MEMORANDUM AND ORDER denying 403 Pro Se MOTION for Early Termination of Supervised Release as to Brent Devonn Ooten (10)signed by District Judge Thomas A Varlan on 8/3/2012. [Copy mailed to Brent Devonn Ooten] (JDH)
November 16, 2016
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MEMORANDUM OPINION as to Christopher Kelso: Petitioner's § 2255 motion [Doc. 416] will be DENIED and DISMISSED WITH PREJUDICE. The Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. The Clerk of Court will be DIRECTED to CLOSE Case No. 3:13-CV-238. Signed by Chief District Judge Thomas A Varlan on November 16, 2016. c/m (AYB)
November 16, 2016
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JUDGMENT whereby 416 Petitioner's § 2255 motion is DENIED and DISMISSED WITH PREJUDICE as to Christopher Kelso (6). If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24 that any such appeal from this judgment would be frivolous and not taken in good faith. The Clerk of Court is DIRECTED to CLOSE Case No. 3:13-CV-583. Signed by Chief District Judge Thomas A Varlan on November 16, 2016. c/m (AYB) Civil Case 3:13-cv-00583-TAV closed.
January 18, 2017
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MEMORANDUM OPINION as to Jefferson L Bivings to be set forth more fully in the following Judgment Order. Signed by Chief District Judge Thomas A Varlan on January 18, 2017. c/m (AYB)
January 18, 2017
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JUDGMENT ORDER as to Jefferson L Bivings (8): Petitioner's motion to seal 446 is DENIED and § 2255 motion 437 is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by Chief District Judge Thomas A Varlan on January 18, 2017. c/m (AYB) Civil Case 3:16-cv-00173-TAV closed.