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13-161 - USA v. Gonzalo et al


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13-161 - USA v. Gonzalo et al
May 23, 2014
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REPORT AND RECOMMENDATIONS as to Geyser Deleon re 246 MOTION to Suppress - Signed by Magistrate Judge H Bruce Guyton on 5/23/2014. (KMK, )
June 6, 2014
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ORDER GRANTING Defendant Cortez's and Defendant Deleon's motions [Docs. 151and 166 ] to adopt their codefendants' motions. Defendant Gines' motion [Doc. 245 ] is GRANTED in part in that he is permitted to join in Defendant Amayo Gonzalez's Motion for "Pinpoint" Discovery. Defendants Amayo Gonzalez, Cortez, and Gines' joint motions for pinpoint discovery [Docs. 145 and 149 ] are DENIED. Defendants' Motion for Production by United States of English- Language Translations of Conversations [Doc. 152 ] is DENIED. Defendant Gines' Motion by Defendant for "Pinpoint" Discovery and for Spanish-to-English Translation [Doc. 245 ] is DENIED in part to the extent that it requests the Court to order the Government to provide English translations of all evidence in Spanish. Signed by Magistrate Judge H Bruce Guyton on June 6, 2014. (RLK)ORDER GRANTING Defendant Cortez's and Defendant Deleon's motions [Docs. 151and 166 ] to adopt their codefendants' motions. Defendant Gines' motion [Doc. 245 ] is GRANTED in part in that he is permitted to join in Defendant Amayo Gonzalez's Motion for "Pinpoint" Discovery. Defendants Amayo Gonzalez, Cortez, and Gines' joint motions for pinpoint discovery [Docs. 145 and 149 ] are DENIED. Defendants' Motion for Production by United States of English- Language Translations of Conversations [Doc. 152 ] is DENIED. Defendant Gines' Motion by Defendant for "Pinpoint" Discovery and for Spanish-to-English Translation [Doc. 245 ] is DENIED in part to the extent that it requests the Court to order the Government to provide English translations of all evidence in Spanish. Signed by Magistrate Judge H Bruce Guyton on June 6, 2014. (RLK)ORDER GRANTING Defendant Cortez's and Defendant Deleon's motions [Docs. 151and 166 ] to adopt their codefendants' motions. Defendant Gines' motion [Doc. 245 ] is GRANTED in part in that he is permitted to join in Defendant Amayo Gonzalez's Motion for "Pinpoint" Discovery. Defendants Amayo Gonzalez, Cortez, and Gines' joint motions for pinpoint discovery [Docs. 145 and 149 ] are DENIED. Defendants' Motion for Production by United States of English- Language Translations of Conversations [Doc. 152 ] is DENIED. Defendant Gines' Motion by Defendant for "Pinpoint" Discovery and for Spanish-to-English Translation [Doc. 245 ] is DENIED in part to the extent that it requests the Court to order the Government to provide English translations of all evidence in Spanish. Signed by Magistrate Judge H Bruce Guyton on June 6, 2014. (RLK)ORDER GRANTING Defendant Cortez's and Defendant Deleon's motions [Docs. 151and 166 ] to adopt their codefendants' motions. Defendant Gines' motion [Doc. 245 ] is GRANTED in part in that he is permitted to join in Defendant Amayo Gonzalez's Motion for "Pinpoint" Discovery. Defendants Amayo Gonzalez, Cortez, and Gines' joint motions for pinpoint discovery [Docs. 145 and 149 ] are DENIED. Defendants' Motion for Production by United States of English- Language Translations of Conversations [Doc. 152 ] is DENIED. Defendant Gines' Motion by Defendant for "Pinpoint" Discovery and for Spanish-to-English Translation [Doc. 245 ] is DENIED in part to the extent that it requests the Court to order the Government to provide English translations of all evidence in Spanish. Signed by Magistrate Judge H Bruce Guyton on June 6, 2014. (RLK)
July 2, 2014
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MEMORANDUM AND ORDER as to Geyser Deleon (18), defendant's objections 288 are hereby OVERRULED in their entirety, and the Report and Recommendations 273 is ACCEPTED IN WHOLE. Defendant's motion to suppress evidence 246 is hereby DENIED. Signed by District Judge Pamela L Reeves on 7/2/14. (ADA)
October 29, 2014
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REPORT AND RECOMMENDATIONS as to Fernando Amayo Gonzalez. The Court RECOMMEDS that the District Judge deem the question of whether Attorney Casey Caldwell violated the duty of candor to the Court in filing a proposed agreed order on February 21, 2014, to be moot. The Court also finds that the $7,500 paid to Carpenter, Gribble, and Associates by a family member of the Defendant should be paid into the Court's Criminal Justice Act fund to be used to pay appointed defense counsel. Accordingly, the undersigned respectfully RECOMMENDS that the $7,500 presently held in the Court's registry be paid into the CJA fund to be used to compensate Mr. Gulley. Signed by Magistrate Judge H Bruce Guyton on 10/29/2014. (copy mailed to Joseph Costner) (KMK, )
December 3, 2014
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ORDER as to Fernando Amayo Gonzalez (7); the R&R 519 is hereby ACCEPTED IN WHOLE, and incorporated into this Order. The court finds the potential ethical violation by Attorney Casey Caldwell is MOOT. The $7,500 retainer deposited into the Court's registry, shall be paid into the Court's CJA fund to be used towards payment of defendant's appointed counsel. Signed by District Judge Pamela L Reeves on 12/3/14. (ADA)
February 3, 2015
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REPORT AND RECOMMENDATIONS as to Gonzalo Garcia Gines RECOMMENDING that 518 the Petition of Eugenia Alvarez to Adjudicate Validity of Interest in Property be granted and that the Frontier be returned to the Petitioner and also RECOMMENDING that the storage fees for the Frontier from December 2013 to the present be assessed to the Government, rather than to the Petitioner. Signed by Magistrate Judge H Bruce Guyton on February 3, 2015. (JAN, )
February 10, 2015
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MEMORANDUM AND ORDER granting Defendants 692 Motion to Continue as to Fernando Amayo Gonzalez (7). The Court finds that all the time between the filing of the Motion by Defendant for Continuance on February 6, 2015, and the new trial date of June 30, 2015, is fully excludable time under the Speedy Trial Act for the reasons set forth herein. See 18 U.S.C. § 3161(h)(1)(D), -(6), & -(7)(A)-(B). Plea Agreement due by 6/5/2015. Jury Trial set for 6/30/2015 09:00 AM in Courtroom 3C - Knoxville before District Judge Pamela L Reeves. Pretrial Conference set for 6/23/2015 11:00 AM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. Motions in limine must be filed no later than June 15, 2015; and Special requests for jury instructions with appropriate citations shall be submitted to the District Court by June 19, 2015. Signed by Magistrate Judge H Bruce Guyton on February 10, 2015. (JAN, )
March 5, 2015
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ORDER: The 688 Report and Recommendation filed by the Honorable H. Bruce Guyton, United States Magistrate Judge, on February 3, 2015, is hereby ACCEPTED IN WHOLE whereby the 518 Petition of Eugenia Alvarez to adjudicate validity of interest in a 2006 Nissan Frontier is GRANTED. Accordingly, IT IS ORDERED that the United States shall return the 2006 Nissan Frontier to Eugenia Alvarez. Signed by District Judge Pamela L Reeves on 3/5/15. (JBR)
May 18, 2015
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JUDGMENT as to Brian Bolton (26): Count 1 of the Indictment - A total term of imprisonment of 188 months, a term of supervised release of 5 years, a special assessment fee of $100.00; The remaining count as to this defendant in this case is dismissed on the motion of the United States. Signed by District Judge Pamela L Reeves on 5/18/2015. (JDH)
June 25, 2015
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MEMORANDUM AND ORDER as to Luis Antonio Alfaro: The Motion of the Defendant for a Continuance 771 is GRANTED; ( Plea Agreement due by 1/4/2016., Jury Trial reset for 1/12/2016 09:00 AM in Courtroom 3C - Knoxville before District Judge Pamela L Reeves., Pretrial Conference set for 1/4/2016 11:00 AM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton.), All time between the filing of the motion on June 4, 2015, and the new trial date of January 12, 2016, is fully excludable time under the Speedy Trial Act. All other deadlines are more fully set forth in this Order. Signed by Magistrate Judge H Bruce Guyton on June 24, 2015. (JAN, )
May 19, 2016
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MEMORANDUM AND ORDER as to Brian Bolton re pro se motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255 950. The United States Attorney is hereby ORDERED to file an answer or other pleading within thirty (30) days from the date of this Order. Signed by District Judge Pamela L Reeves on May 19, 2016. (JAN, )
July 1, 2016
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MEMORANDUM AND ORDER: Pro se 969 Motion to Vacate, set aside, or correct hissentence pursuant to 28 U.S.C. § 2255 as to Geyser Deleon (18) is hereby DISMISSED WITH PREJUDICE. The Court CERTIFIES that 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 and a certificate of appealability SHALL NOT ISSUE. Signed by District Judge Pamela L Reeves on July 1, 2016. (JAN, )(CM) Civil Case 3:16-cv-00408-PLR closed.
July 11, 2016
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MEMORANDUM OPINION as to Malcolm Jones in support of the following Judgment Order. Signed by District Judge Pamela L Reeves on 7/11/16. (c/m) (ADA)
August 8, 2016
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MEMORANDUM AND ORDER as to Geyser Deleon (18): Petitioners § 2255 motion 984 is hereby DISMISSED WITH PREJUDICE. The Court CERTIFIES that 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. See Rule 24 of the Federal Rules of Appellate Procedure. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. 28 U.S.C. § 2253; Rule 22(b) of the Federal Rules of Appellate Procedure. The Court also advises the Petitioner that he has filed two successive motions requesting the identical relief. Both motions were without merit. The Court ADMONISHES the Petitioner against any further motion filings on this issue. Signed by District Judge Pamela L Reeves on August 8, 2016. (JAN, )(cm) Civil Case 3:16-cv-00469-PLR closed.
November 21, 2016
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MEMORANDUM OPINION re 989 MOTION to Vacate under 28 U.S.C. 2255 filed by Carrie Roaden Signed by District Judge Pamela L Reeves on November 21, 2016. (JAN, )(cm)
November 21, 2016
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JUDGMENT ORDER denying 989 Motion to Vacate (2255) as to Carrie Roaden (19). For the reasons expressed in the accompanying memorandum opinion, it is ORDERED and ADJUDGED that Petitioners § 2255 motion [Doc. 989] is DENIED as untimely 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 she 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 District Judge Pamela L Reeves on November 21, 2016. (JAN, )(CM) Civil Case 3:16-cv-00545-PLR closed.
April 19, 2017
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MEMORANDUM OPINION as to Brian Bolton, Petitioners pro se § 2255 motion Doc. 950 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. See Fed. R. App. P. 24. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). Signed by District Judge Pamela L Reeves on April 18, 2017. (JAN, )(cm)
April 19, 2017
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JUDGMENT ORDER as to Brian Bolton (26). Petitioners pro se § 2255 motion [Doc. 950] 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. Accordingly, the Clerk is DIRECTED to CLOSE the civil case associated with Petitioners § 2255 motion. Signed by District Judge Pamela L Reeves on April 18, 2017. (JAN, )(CM) Civil Case 3:16-cv-00217-PLR closed.