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10-160 - USA v. Kincaid et al-TV2


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10-160 - USA v. Kincaid et al-TV2
May 1, 2012
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REPORT AND RECOMMENDATIONS as to Dustin Morgan recommending that 106 MOTION to declare case complex and extended for purposes of additonal compensationa and interim payment vouchers be GRANTED. Signed by Magistrate Judge H Bruce Guyton on 5/1/2012. (MGM)
May 2, 2012
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ORDER ADOPTING REPORT AND RECOMMENDATION as to Dustin Morgan (4): adopting Report and Recommendations 108 and granting 106 Motion to declare this case complex and extended for purposes of court appointed attorneys fees and requesting interim payments. Signed by District Judge Thomas A Varlan on May 2, 2012. (JAN, )
August 17, 2012
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MEMORANDUM AND ORDER TO CONTINUE - Ends of Justice as to Sandra Kincaid, Randy Kincaid, Wendi Henry, Dustin Morgan: Time excluded from 7/28/2012 until 8/20/2013. Granting 114 Second MOTION to Continue filed by Sandra Kincaid. Jury Trial reset for 8/20/2013 9:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference reset for 8/6/2013 9:30 AM in Courtroom 3B - Knoxville before Magistrate Judge H Bruce Guyton. Plea negotiations cutoff reset to 8/6/2013. Signed by Magistrate Judge H Bruce Guyton on 8/17/2012. (JDH)MEMORANDUM AND ORDER TO CONTINUE - Ends of Justice as to Sandra Kincaid, Randy Kincaid, Wendi Henry, Dustin Morgan: Time excluded from 7/28/2012 until 8/20/2013. Granting 114 Second MOTION to Continue filed by Sandra Kincaid. Jury Trial reset for 8/20/2013 9:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference reset for 8/6/2013 9:30 AM in Courtroom 3B - Knoxville before Magistrate Judge H Bruce Guyton. Plea negotiations cutoff reset to 8/6/2013. Signed by Magistrate Judge H Bruce Guyton on 8/17/2012. (JDH)MEMORANDUM AND ORDER TO CONTINUE - Ends of Justice as to Sandra Kincaid, Randy Kincaid, Wendi Henry, Dustin Morgan: Time excluded from 7/28/2012 until 8/20/2013. Granting 114 Second MOTION to Continue filed by Sandra Kincaid. Jury Trial reset for 8/20/2013 9:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference reset for 8/6/2013 9:30 AM in Courtroom 3B - Knoxville before Magistrate Judge H Bruce Guyton. Plea negotiations cutoff reset to 8/6/2013. Signed by Magistrate Judge H Bruce Guyton on 8/17/2012. (JDH)MEMORANDUM AND ORDER TO CONTINUE - Ends of Justice as to Sandra Kincaid, Randy Kincaid, Wendi Henry, Dustin Morgan: Time excluded from 7/28/2012 until 8/20/2013. Granting 114 Second MOTION to Continue filed by Sandra Kincaid. Jury Trial reset for 8/20/2013 9:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference reset for 8/6/2013 9:30 AM in Courtroom 3B - Knoxville before Magistrate Judge H Bruce Guyton. Plea negotiations cutoff reset to 8/6/2013. Signed by Magistrate Judge H Bruce Guyton on 8/17/2012. (JDH)
February 13, 2013
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REPORT AND RECOMMENDATIONS as to Sandra Kincaid, Randy Kincaid, Wendi Henry, Dustin Morgan re 87 MOTION to Dismiss Indictment, 97 MOTION to Dismiss Count Five of the Superceding Indictment, 50 MOTION to Dismiss Indictment, 58 MOTION to Dismiss and Supporting Memorandum of Law recommending that these motions be denied. Signed by Magistrate Judge H Bruce Guyton on 2/13/2013. (MGM)REPORT AND RECOMMENDATIONS as to Sandra Kincaid, Randy Kincaid, Wendi Henry, Dustin Morgan re 87 MOTION to Dismiss Indictment, 97 MOTION to Dismiss Count Five of the Superceding Indictment, 50 MOTION to Dismiss Indictment, 58 MOTION to Dismiss and Supporting Memorandum of Law recommending that these motions be denied. Signed by Magistrate Judge H Bruce Guyton on 2/13/2013. (MGM)REPORT AND RECOMMENDATIONS as to Sandra Kincaid, Randy Kincaid, Wendi Henry, Dustin Morgan re 87 MOTION to Dismiss Indictment, 97 MOTION to Dismiss Count Five of the Superceding Indictment, 50 MOTION to Dismiss Indictment, 58 MOTION to Dismiss and Supporting Memorandum of Law recommending that these motions be denied. Signed by Magistrate Judge H Bruce Guyton on 2/13/2013. (MGM)REPORT AND RECOMMENDATIONS as to Sandra Kincaid, Randy Kincaid, Wendi Henry, Dustin Morgan re 87 MOTION to Dismiss Indictment, 97 MOTION to Dismiss Count Five of the Superceding Indictment, 50 MOTION to Dismiss Indictment, 58 MOTION to Dismiss and Supporting Memorandum of Law recommending that these motions be denied. Signed by Magistrate Judge H Bruce Guyton on 2/13/2013. (MGM)
April 12, 2013
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MEMORANDUM AND ORDER granting 126 Motion to Adopt Objections as to Wendi Henry (3); ACCEPTING IN WHOLE the Report and Recommendation 122, entered by United States Magistrate Judge H. Bruce Guyton on February 13, 2013 whereby denying 57 Motion for Hearing as to Sandra Kincaid (1); denying 50 Motion to Dismiss as to Randy Kincaid (2); denying 97 Motion to Dismiss as to Randy Kincaid (2); denying 87 Motion to Dismiss as to Dustin Morgan (4). IT IS SO ORDERED NUNC PRO TUNC April 5, 2013 Signed by Chief District Judge Thomas A Varlan on April 11, 2013. (JAN, )MEMORANDUM AND ORDER granting 126 Motion to Adopt Objections as to Wendi Henry (3); ACCEPTING IN WHOLE the Report and Recommendation 122, entered by United States Magistrate Judge H. Bruce Guyton on February 13, 2013 whereby denying 57 Motion for Hearing as to Sandra Kincaid (1); denying 50 Motion to Dismiss as to Randy Kincaid (2); denying 97 Motion to Dismiss as to Randy Kincaid (2); denying 87 Motion to Dismiss as to Dustin Morgan (4). IT IS SO ORDERED NUNC PRO TUNC April 5, 2013 Signed by Chief District Judge Thomas A Varlan on April 11, 2013. (JAN, )MEMORANDUM AND ORDER granting 126 Motion to Adopt Objections as to Wendi Henry (3); ACCEPTING IN WHOLE the Report and Recommendation 122, entered by United States Magistrate Judge H. Bruce Guyton on February 13, 2013 whereby denying 57 Motion for Hearing as to Sandra Kincaid (1); denying 50 Motion to Dismiss as to Randy Kincaid (2); denying 97 Motion to Dismiss as to Randy Kincaid (2); denying 87 Motion to Dismiss as to Dustin Morgan (4). IT IS SO ORDERED NUNC PRO TUNC April 5, 2013 Signed by Chief District Judge Thomas A Varlan on April 11, 2013. (JAN, )MEMORANDUM AND ORDER granting 126 Motion to Adopt Objections as to Wendi Henry (3); ACCEPTING IN WHOLE the Report and Recommendation 122, entered by United States Magistrate Judge H. Bruce Guyton on February 13, 2013 whereby denying 57 Motion for Hearing as to Sandra Kincaid (1); denying 50 Motion to Dismiss as to Randy Kincaid (2); denying 97 Motion to Dismiss as to Randy Kincaid (2); denying 87 Motion to Dismiss as to Dustin Morgan (4). IT IS SO ORDERED NUNC PRO TUNC April 5, 2013 Signed by Chief District Judge Thomas A Varlan on April 11, 2013. (JAN, )
June 24, 2013
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REPORT AND RECOMMENDATIONS as to Dustin Morgan recommending that 93 MOTION to Suppress be denied. Signed by Magistrate Judge H Bruce Guyton on 6/24/2013. (MGM)
August 2, 2013
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MEMORANDUM AND ORDER signed by Magistrate Judge H Bruce Guyton on 8/2/2013:Granting: 60 MOTION to Adopt 54 MOTION for Bill of Particulars filed by Sandra Kincaid by Randy Kincaid, 63 MOTION to Adopt Co-Defendant Randy Kincaid's Motion for Pretrial Hearing on Existence of a Conspiratorial Agreement by Wendi Henry; 64 MOTION to Adopt Co-Defendants' Motions to Compel Pretrial Production of Witness and Exhibit Lists by Wendi Henry; 65 MOTION to Adopt re 57 MOTION for Hearing Enright Hearing to Determine Admissibility of Hearsay Statements by Wendi Henry; 95 MOTION join in motion of co-defendants Randy Kincaid and Sandra Kincaid to compel the government to produce witness and exhibit lists prior to trial re 56 MOTION to Compel Production of Exhibit and Witness List Prior to Trial by Dustin Morgan. Denying: 54 MOTION for Bill of Particulars by Sandra Kincaid; 67 MOTION for Bill of Particulars by Wendi Henry; 89 MOTION for Bill of Particulars by Dustin Morgan; 51 MOTION for a Hearing To Determine Existence of a Conspiracy by Randy Kincaid; 57 MOTION for Hearing Enright Hearing to Determine Admissibility of Hearsay Statements by Sandra Kincaid; 91 MOTION Enright Hearing to determine admissibility of hearsay statements by indicted and undicted co-conspirators by Dustin Morgan; 52 MOTION for An Order Compelling the Government to Provide a Witness List and Exhibit List in Advance of Trial by Randy Kincaid; 56 MOTION to Compel Production of Exhibit and Witness List Prior to Trial by Sandra Kincaid. (JDH)MEMORANDUM AND ORDER signed by Magistrate Judge H Bruce Guyton on 8/2/2013:Granting: 60 MOTION to Adopt 54 MOTION for Bill of Particulars filed by Sandra Kincaid by Randy Kincaid, 63 MOTION to Adopt Co-Defendant Randy Kincaid's Motion for Pretrial Hearing on Existence of a Conspiratorial Agreement by Wendi Henry; 64 MOTION to Adopt Co-Defendants' Motions to Compel Pretrial Production of Witness and Exhibit Lists by Wendi Henry; 65 MOTION to Adopt re 57 MOTION for Hearing Enright Hearing to Determine Admissibility of Hearsay Statements by Wendi Henry; 95 MOTION join in motion of co-defendants Randy Kincaid and Sandra Kincaid to compel the government to produce witness and exhibit lists prior to trial re 56 MOTION to Compel Production of Exhibit and Witness List Prior to Trial by Dustin Morgan. Denying: 54 MOTION for Bill of Particulars by Sandra Kincaid; 67 MOTION for Bill of Particulars by Wendi Henry; 89 MOTION for Bill of Particulars by Dustin Morgan; 51 MOTION for a Hearing To Determine Existence of a Conspiracy by Randy Kincaid; 57 MOTION for Hearing Enright Hearing to Determine Admissibility of Hearsay Statements by Sandra Kincaid; 91 MOTION Enright Hearing to determine admissibility of hearsay statements by indicted and undicted co-conspirators by Dustin Morgan; 52 MOTION for An Order Compelling the Government to Provide a Witness List and Exhibit List in Advance of Trial by Randy Kincaid; 56 MOTION to Compel Production of Exhibit and Witness List Prior to Trial by Sandra Kincaid. (JDH)MEMORANDUM AND ORDER signed by Magistrate Judge H Bruce Guyton on 8/2/2013:Granting: 60 MOTION to Adopt 54 MOTION for Bill of Particulars filed by Sandra Kincaid by Randy Kincaid, 63 MOTION to Adopt Co-Defendant Randy Kincaid's Motion for Pretrial Hearing on Existence of a Conspiratorial Agreement by Wendi Henry; 64 MOTION to Adopt Co-Defendants' Motions to Compel Pretrial Production of Witness and Exhibit Lists by Wendi Henry; 65 MOTION to Adopt re 57 MOTION for Hearing Enright Hearing to Determine Admissibility of Hearsay Statements by Wendi Henry; 95 MOTION join in motion of co-defendants Randy Kincaid and Sandra Kincaid to compel the government to produce witness and exhibit lists prior to trial re 56 MOTION to Compel Production of Exhibit and Witness List Prior to Trial by Dustin Morgan. Denying: 54 MOTION for Bill of Particulars by Sandra Kincaid; 67 MOTION for Bill of Particulars by Wendi Henry; 89 MOTION for Bill of Particulars by Dustin Morgan; 51 MOTION for a Hearing To Determine Existence of a Conspiracy by Randy Kincaid; 57 MOTION for Hearing Enright Hearing to Determine Admissibility of Hearsay Statements by Sandra Kincaid; 91 MOTION Enright Hearing to determine admissibility of hearsay statements by indicted and undicted co-conspirators by Dustin Morgan; 52 MOTION for An Order Compelling the Government to Provide a Witness List and Exhibit List in Advance of Trial by Randy Kincaid; 56 MOTION to Compel Production of Exhibit and Witness List Prior to Trial by Sandra Kincaid. (JDH)MEMORANDUM AND ORDER signed by Magistrate Judge H Bruce Guyton on 8/2/2013:Granting: 60 MOTION to Adopt 54 MOTION for Bill of Particulars filed by Sandra Kincaid by Randy Kincaid, 63 MOTION to Adopt Co-Defendant Randy Kincaid's Motion for Pretrial Hearing on Existence of a Conspiratorial Agreement by Wendi Henry; 64 MOTION to Adopt Co-Defendants' Motions to Compel Pretrial Production of Witness and Exhibit Lists by Wendi Henry; 65 MOTION to Adopt re 57 MOTION for Hearing Enright Hearing to Determine Admissibility of Hearsay Statements by Wendi Henry; 95 MOTION join in motion of co-defendants Randy Kincaid and Sandra Kincaid to compel the government to produce witness and exhibit lists prior to trial re 56 MOTION to Compel Production of Exhibit and Witness List Prior to Trial by Dustin Morgan. Denying: 54 MOTION for Bill of Particulars by Sandra Kincaid; 67 MOTION for Bill of Particulars by Wendi Henry; 89 MOTION for Bill of Particulars by Dustin Morgan; 51 MOTION for a Hearing To Determine Existence of a Conspiracy by Randy Kincaid; 57 MOTION for Hearing Enright Hearing to Determine Admissibility of Hearsay Statements by Sandra Kincaid; 91 MOTION Enright Hearing to determine admissibility of hearsay statements by indicted and undicted co-conspirators by Dustin Morgan; 52 MOTION for An Order Compelling the Government to Provide a Witness List and Exhibit List in Advance of Trial by Randy Kincaid; 56 MOTION to Compel Production of Exhibit and Witness List Prior to Trial by Sandra Kincaid. (JDH)
August 9, 2013
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MEMORANDUM AND ORDER: The 129 Report and Recommendations entered by United States Magistrate Judge H. Bruce Guyton as to Dustin Morgan is ACCEPTED IN WHOLE; denying 93 Motion to Suppress as to Dustin Morgan (4). Signed by Chief District Judge Thomas A Varlan on August 8, 2013. (JAN, )
October 2, 2013
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MEMORANDUM OPINION AND ORDER denying 138 Appeal of Magistrate Judge Decision as to Sandra Kincaid (1). Signed by Chief District Judge Thomas A Varlan on October 1, 2013. (JAN, )
October 11, 2013
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ORDER denying 152 Motion in Limine as to Sandra Kincaid (1); denying 153 Motion in Limine as to Sandra Kincaid (1); denying 147 Motion in Limine as to Dustin Morgan (4); denying 148 Motion in Limine as to Dustin Morgan (4); denying 149 Motion in Limine as to Dustin Morgan (4); denying 150 Motion in Limine as to Dustin Morgan (4). Signed by Chief District Judge Thomas A Varlan on 10/11/2013. (KMK, ) (Main Document 169 replaced on 10/11/2013) (JAN, ).ORDER denying 152 Motion in Limine as to Sandra Kincaid (1); denying 153 Motion in Limine as to Sandra Kincaid (1); denying 147 Motion in Limine as to Dustin Morgan (4); denying 148 Motion in Limine as to Dustin Morgan (4); denying 149 Motion in Limine as to Dustin Morgan (4); denying 150 Motion in Limine as to Dustin Morgan (4). Signed by Chief District Judge Thomas A Varlan on 10/11/2013. (KMK, ) (Main Document 169 replaced on 10/11/2013) (JAN, ).ORDER denying 152 Motion in Limine as to Sandra Kincaid (1); denying 153 Motion in Limine as to Sandra Kincaid (1); denying 147 Motion in Limine as to Dustin Morgan (4); denying 148 Motion in Limine as to Dustin Morgan (4); denying 149 Motion in Limine as to Dustin Morgan (4); denying 150 Motion in Limine as to Dustin Morgan (4). Signed by Chief District Judge Thomas A Varlan on 10/11/2013. (KMK, ) (Main Document 169 replaced on 10/11/2013) (JAN, ).ORDER denying 152 Motion in Limine as to Sandra Kincaid (1); denying 153 Motion in Limine as to Sandra Kincaid (1); denying 147 Motion in Limine as to Dustin Morgan (4); denying 148 Motion in Limine as to Dustin Morgan (4); denying 149 Motion in Limine as to Dustin Morgan (4); denying 150 Motion in Limine as to Dustin Morgan (4). Signed by Chief District Judge Thomas A Varlan on 10/11/2013. (KMK, ) (Main Document 169 replaced on 10/11/2013) (JAN, ).
January 14, 2014
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REPORT AND RECOMMENDATIONS as to Randy Kincaid recommending that 201 MOTION To Declare Case Complex and Extended for Purposes of Additional COmpensation and Interim Payments be granted. Signed by Magistrate Judge H Bruce Guyton on 1/14/2014. (MGM)
January 23, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATION: Adopting 209 the Report and Recommendation. This Order adopting the Report and Recommendation, along with a copy of the Report and Recommendation and an Order concerning excess and interim payments, approved by the undersigned, shall be forwarded to the United States Court of Appeals for the Sixth Circuit, to the attention of the Chief Judge of the Circuit or the Chief Judges designee. Signed by Chief District Judge Thomas A Varlan on January 23, 2014. (JAN, )
February 20, 2014
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MEMORANDUM OPINION AND ORDER for reasons fully set forth in this Memorandum and Order the Court hereby DENIES the Motion by the Defendant Dustin Morgan for Judgment of Acquittal, or in the Alternative for a New Trial 194, the Motion by Wendi Henry for Judgment of Acquittal or in the Alternative for a New Trial [Doc. 195], the Motion for Judgment of Acquittal by Randy Kincaid 197, and the Motion for Judgment of Acquittal or, in the Alternative, for a New Trial by Sandra Kincaid 206. Signed by Chief District Judge Thomas A Varlan on February 20, 2014. (JAN, )MEMORANDUM OPINION AND ORDER for reasons fully set forth in this Memorandum and Order the Court hereby DENIES the Motion by the Defendant Dustin Morgan for Judgment of Acquittal, or in the Alternative for a New Trial 194, the Motion by Wendi Henry for Judgment of Acquittal or in the Alternative for a New Trial [Doc. 195], the Motion for Judgment of Acquittal by Randy Kincaid 197, and the Motion for Judgment of Acquittal or, in the Alternative, for a New Trial by Sandra Kincaid 206. Signed by Chief District Judge Thomas A Varlan on February 20, 2014. (JAN, )MEMORANDUM OPINION AND ORDER for reasons fully set forth in this Memorandum and Order the Court hereby DENIES the Motion by the Defendant Dustin Morgan for Judgment of Acquittal, or in the Alternative for a New Trial 194, the Motion by Wendi Henry for Judgment of Acquittal or in the Alternative for a New Trial [Doc. 195], the Motion for Judgment of Acquittal by Randy Kincaid 197, and the Motion for Judgment of Acquittal or, in the Alternative, for a New Trial by Sandra Kincaid 206. Signed by Chief District Judge Thomas A Varlan on February 20, 2014. (JAN, )MEMORANDUM OPINION AND ORDER for reasons fully set forth in this Memorandum and Order the Court hereby DENIES the Motion by the Defendant Dustin Morgan for Judgment of Acquittal, or in the Alternative for a New Trial 194, the Motion by Wendi Henry for Judgment of Acquittal or in the Alternative for a New Trial [Doc. 195], the Motion for Judgment of Acquittal by Randy Kincaid 197, and the Motion for Judgment of Acquittal or, in the Alternative, for a New Trial by Sandra Kincaid 206. Signed by Chief District Judge Thomas A Varlan on February 20, 2014. (JAN, )
February 25, 2014
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MEMORANDUM AND ORDER CONCERNING EXCESS AND INTERIM PAYMENTS as to Randy Kincaid. Signed by Chief District Judge Thomas A Varlan on January 24, 2014 and Approved by Chief Judge Alice Batchelder, United States Circuit Court Judge on February 20, 2014. (JAN, )