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10-161 - USA v. Guzman et al


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10-161 - USA v. Guzman et al
February 2, 2011
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MEMORANDUM AND ORDER granting 26 Motion for Extension of Time to File as to Tamral Guzman (1); and granting 28 Motion to Adopt 26 MOTION for Extension of Time to File Pretrial Motions and to Continue joined by Brian Downey (2) as to Brian Downey (2). The trial of this matter is reset to commence on June 20, 2011, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Judge; All the time between the February 1, 2011, hearing and the new trial date of June 20, 2011, is fully excludable under the Speedy Trial Act for the reasons set forth herein; All pretrial motions must be filed on or before February 25, 2011. Responses to such pretrial motions are due on or before March 11, 2011; A pretrial conference and motion hearing is set for March 22, 2011, at 2:00 p.m. This is also the deadline for concluding reciprocal discovery; The deadline for concluding plea negotiations is June 6, 2011;Defendant Downey is directed to pay a total of $4,000 toward his CJA appointed defense to the Clerk of the this Court. The first payment of $2,000 is to be made on March 1, 2011. The second payment of $2,000 is to be made on April 1, 2011. Signed by Magistrate Judge C Clifford Shirley on 2/2/2011. (DCP, )MEMORANDUM AND ORDER granting 26 Motion for Extension of Time to File as to Tamral Guzman (1); and granting 28 Motion to Adopt 26 MOTION for Extension of Time to File Pretrial Motions and to Continue joined by Brian Downey (2) as to Brian Downey (2). The trial of this matter is reset to commence on June 20, 2011, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Judge; All the time between the February 1, 2011, hearing and the new trial date of June 20, 2011, is fully excludable under the Speedy Trial Act for the reasons set forth herein; All pretrial motions must be filed on or before February 25, 2011. Responses to such pretrial motions are due on or before March 11, 2011; A pretrial conference and motion hearing is set for March 22, 2011, at 2:00 p.m. This is also the deadline for concluding reciprocal discovery; The deadline for concluding plea negotiations is June 6, 2011;Defendant Downey is directed to pay a total of $4,000 toward his CJA appointed defense to the Clerk of the this Court. The first payment of $2,000 is to be made on March 1, 2011. The second payment of $2,000 is to be made on April 1, 2011. Signed by Magistrate Judge C Clifford Shirley on 2/2/2011. (DCP, )
June 9, 2011
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MEMORANDUM AND ORDER granting 54 Motion to Continue as to Maimoune Wright (3). The trial of this matter is reset to commence on December 6, 2011, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Judge;All time between the June 8, 2011 hearing, and the new trial date of December 6, 2011, is fully excludable time under the Speedy Trial Act for the reasons set forth herein; The motion-filing deadline is extended as to all Defendants toAugust 1, 2011; Responses are due on September 1, 2011; The reciprocal discovery deadline is September 15, 2011; A motion hearing and pretrial conference before the undersigned is set for September 26, 2011, at 9:30 a.m.;The plea negotiation cut-off deadline is set for October 24, 2011; The Court instructs the parties that all motions in limine must be filed no later than November 21, 2011; and Special requests for jury instructions shall be submitted to the District Court no later than November 28, 2011, and shall besupported by citations to authority pursuant to Local Rule 7.4. Signed by Magistrate Judge C Clifford Shirley on 6/9/2011. (DCP)MEMORANDUM AND ORDER granting 54 Motion to Continue as to Maimoune Wright (3). The trial of this matter is reset to commence on December 6, 2011, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Judge;All time between the June 8, 2011 hearing, and the new trial date of December 6, 2011, is fully excludable time under the Speedy Trial Act for the reasons set forth herein; The motion-filing deadline is extended as to all Defendants toAugust 1, 2011; Responses are due on September 1, 2011; The reciprocal discovery deadline is September 15, 2011; A motion hearing and pretrial conference before the undersigned is set for September 26, 2011, at 9:30 a.m.;The plea negotiation cut-off deadline is set for October 24, 2011; The Court instructs the parties that all motions in limine must be filed no later than November 21, 2011; and Special requests for jury instructions shall be submitted to the District Court no later than November 28, 2011, and shall besupported by citations to authority pursuant to Local Rule 7.4. Signed by Magistrate Judge C Clifford Shirley on 6/9/2011. (DCP)MEMORANDUM AND ORDER granting 54 Motion to Continue as to Maimoune Wright (3). The trial of this matter is reset to commence on December 6, 2011, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Judge;All time between the June 8, 2011 hearing, and the new trial date of December 6, 2011, is fully excludable time under the Speedy Trial Act for the reasons set forth herein; The motion-filing deadline is extended as to all Defendants toAugust 1, 2011; Responses are due on September 1, 2011; The reciprocal discovery deadline is September 15, 2011; A motion hearing and pretrial conference before the undersigned is set for September 26, 2011, at 9:30 a.m.;The plea negotiation cut-off deadline is set for October 24, 2011; The Court instructs the parties that all motions in limine must be filed no later than November 21, 2011; and Special requests for jury instructions shall be submitted to the District Court no later than November 28, 2011, and shall besupported by citations to authority pursuant to Local Rule 7.4. Signed by Magistrate Judge C Clifford Shirley on 6/9/2011. (DCP)
September 19, 2011
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REPORT AND RECOMMENDATIONS as to Tamral Guzman recommending 67 MOTION Motion to Declare Case Complex and Extended be granted. Signed by Magistrate Judge C Clifford Shirley on 9/19/11. (MGM)
October 13, 2011
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ORDER adopting Report and Recommendations 89 by United States Magistrate Judge C. Clifford Shirley, Jr. and grants 67 Motion to declare this case complex and extended as to Tamral Guzman (1); Signed by District Judge Thomas A Varlan on October 12, 2011. (JAN, )
November 10, 2011
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REPORT AND RECOMMENDATIONS as to Maimoune Wright recommending to deny 64 MOTION to Suppress Defendant Wright's Statements Regarding Pre-Signed Prescriptions Signed by Magistrate Judge C Clifford Shirley on 11/10/2011. (DCP)
November 23, 2011
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MEMORANDUM AND ORDER granting 104 and 108 Motions to Continue. The trial of this matter is reset to commence on April 24, 2012, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Judge; All time between the filing of the motion on November 7, 2011, and the new trial date of April 24, 2012, is fully excludable time under the Speedy Trial Act for the reasons set forth herein;This case is declared complex for purposes of the Speedy Trial Act; The Government must file its supplemental brief relating to its Motion to Sever Defendants and must file under seal any written statements that it contends present a Bruton issue by December 15, 2011; The Defendants responding supplemental briefs are due on or before January 5, 2012; The plea negotiation cut-off deadline is set for March 1, 2012; The Court instructs the parties that all motions in limine must be filed no later than April 9, 2012; and Special requests for jury instructions shall be submitted to the District Court no later than April 13, 2012, and shall be supported by citations to authority pursuant to Local Rule 7.4. Signed by Magistrate Judge C Clifford Shirley on 11/23/2011. (DCP)MEMORANDUM AND ORDER granting 104 and 108 Motions to Continue. The trial of this matter is reset to commence on April 24, 2012, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Judge; All time between the filing of the motion on November 7, 2011, and the new trial date of April 24, 2012, is fully excludable time under the Speedy Trial Act for the reasons set forth herein;This case is declared complex for purposes of the Speedy Trial Act; The Government must file its supplemental brief relating to its Motion to Sever Defendants and must file under seal any written statements that it contends present a Bruton issue by December 15, 2011; The Defendants responding supplemental briefs are due on or before January 5, 2012; The plea negotiation cut-off deadline is set for March 1, 2012; The Court instructs the parties that all motions in limine must be filed no later than April 9, 2012; and Special requests for jury instructions shall be submitted to the District Court no later than April 13, 2012, and shall be supported by citations to authority pursuant to Local Rule 7.4. Signed by Magistrate Judge C Clifford Shirley on 11/23/2011. (DCP)
December 29, 2011
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ORDER accepting in whole 107 Report and Recommendations as to Maimoune Wright (3) and denying 64 Motion to Suppress as to Maimoune Wright (3) Signed by District Judge Thomas A Varlan on 12/29/2011 Nunc Pro Tunc 12/09/2011 (KMK)
March 19, 2012
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MEMORDANDUM AND ORDER granting 130 Motion to Continue as to Tamral Guzman (1); granting 129 Motion to Continue as to Maimoune Wright (3). The trial of this matter is reset to commence on August 14, 2012, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Judge; All time between the filing of the motion on February 28, 2012, and the new trial date of August 14, 2012, is fully excludable time under the Speedy Trial Act for the reasons set forth herein; The deadline for filing reciprocal discovery is June 1, 2012; The plea negotiation cut-off deadline is set for July 17, 2012; The Court instructs the parties that all motions in limine must be filed no later than July 30, 2012; and Special requests for jury instructions shall be submitted to the District Court no later than August 3, 2012, and shall be supported by citations to authority pursuant to Local Rule 7.4. Signed by Magistrate Judge C Clifford Shirley on 3/19/2012. (DCP) Modified on 3/19/2012 (DCP) edit text.MEMORDANDUM AND ORDER granting 130 Motion to Continue as to Tamral Guzman (1); granting 129 Motion to Continue as to Maimoune Wright (3). The trial of this matter is reset to commence on August 14, 2012, at 9:00 a.m., before the Honorable Thomas A. Varlan, United States District Judge; All time between the filing of the motion on February 28, 2012, and the new trial date of August 14, 2012, is fully excludable time under the Speedy Trial Act for the reasons set forth herein; The deadline for filing reciprocal discovery is June 1, 2012; The plea negotiation cut-off deadline is set for July 17, 2012; The Court instructs the parties that all motions in limine must be filed no later than July 30, 2012; and Special requests for jury instructions shall be submitted to the District Court no later than August 3, 2012, and shall be supported by citations to authority pursuant to Local Rule 7.4. Signed by Magistrate Judge C Clifford Shirley on 3/19/2012. (DCP) Modified on 3/19/2012 (DCP) edit text.
June 8, 2012
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MEMORANDUM AND ORDER: granting in part and denying in part 75 Motion for Production of Favorable Evidence as to Maimoune Wright (3); granting in part and denying in part 76 Motion for Rule 16 Discovery as to Maimoune Wright (3); denying 114 Defendant's Objection to Release of Protective Order and Motion to Preserve Patient Records and Provide Defendant Wright Access Thereto as to Maimoune Wright (3). Signed by Magistrate Judge C Clifford Shirley on 6/08/2012. (KMK)
June 19, 2012
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REPORT AND RECOMMENDATIONS as to Maimoune Wright recommending to DENY 73 MOTION to Dismiss for Selective Prosecution, 69 Amended MOTION to Dismiss for Duplicity and to Strike Surplussage in Second Superseding Indictment, and 71 MOTION to Dismiss for Preindictment Delay and Failure to Preserve Evidence in Violation of Defendant's Due Process Rights Signed by Magistrate Judge C Clifford Shirley on 6/19/2012. (DCP, )
August 30, 2012
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MEMORANDUM AND ORDER adopting Report and Recommendations re 139 entered by United States Magistrate Judge C. Clifford Shirley, Jr., on June 19, 2012 as to Maimoune Wright (3); denying motions filed by the defendant 69 the Amended Motion to Dismiss for Duplicity and to Strike Surplussage in SecondSuperseding Indictment, denying 71 Motion to Dismiss for Preindictment Delay and Failure to Preserve Evidence in Violation of Defendants Due Process Rights, and 73 Motion to Dismiss for Selective Prosecution. IT IS SO ORDERED NUNC PRO TUNC AUGUST 3, 2012 and Signed by District Judge Thomas A Varlan on August 30, 2012. (JAN, )
August 5, 2013
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MEMORANDUM OPINION & ORDER denying 257 Motion for a Judgment of Acquittal or in the Alternative Motion for New Trial as to Tamral Guzman (1). Signed by Chief District Judge Thomas A Varlan on August 5, 2013. (JAN, )
March 30, 2018
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MEMORANDUM OPINION and ORDER as to Tamral Guzman. Signed by Chief District Judge Thomas A Varlan on March 30, 2018. (JAN, )
March 30, 2018
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JUDGMENT ORDER as to Tamral Guzman: 303 Motion to Vacate (2255) and relatedAddendum Doc. 325 and Motion to Amend [Doc. 329 by federal prisoner Tamral Guzman for post-conviction relief pursuant to 28 U.S.C. § 2255 is DENIED and DISMISSED WITH PREJUDICE. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24 that any appeal from this judgment by Petitioner would be frivolous and not taken in good faith. Signed by Chief District Judge Thomas A Varlan on March 30, 2018. (JAN, )(copy mailed as to this Order and M&O) Civil Case 3:15-cv-00057-TAV closed.