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14-085 - USA v. Salinas et al


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14-085 - USA v. Salinas et al
September 19, 2014
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ORDER Defendant's Motion to Withdraw of Motion to Suppress, [Doc. 192 ], filed on September 18, 2014. Defendant's Motion to Suppress, [Doc. 143 ], is withdrawn and the hearing to address this motion set for September 22, 2014 at 1:30 p.m. is hereby CANCELLED. Signed by Magistrate Judge C Clifford Shirley, Jr on September 19, 2014. (RLK)
October 24, 2014
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ORDER OF COMMITMENT as to Robert N Hicks. The Court finds Defendant Hicks to be presently INCOMPETENT to stand trial. The Defendant is committed to the custody of the Attorney General for treatment as well as additional evaluation and testing, particularly with regard to his sanity at the time of the offense, at a federal medical facility. The Defendant shall be designated and transported to the approved federal medical facility as soon as reasonably possible. If at the end of the four-month treatment period, the designated federal medical facility determines that an additional reasonable period of treatment is needed, the facility shall make written request of the same of the Court. The government and defense counsel shall appear for a competency hearing or status conference on February 19, 2015, at 1:30 p.m. The Defendant's trial date is removed, to be reset at such time when the Defendant is found competent to proceed. All time between the Defendant's original commitment on August 25, 2014, and the February 19, 2015 status conference is fully excludable under the Speedy Trial Act. The United States Marshal is DIRECTED to notify the Clerk of the Court and the undersigned's office promptly when Defendant returns to this jurisdiction from the mental evaluation and treatment. If the Defendant has returned in time, the marshals shall bring him to the February 19, 2015 competency hearing/status conference. Signed by Magistrate Judge C Clifford Shirley, Jr on October 24, 2014. Certified copies sent to USMS. (RLK)
December 10, 2014
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MEMORANDUM OPINION AND ORDER denying 254 Motion for Recusal as to Jill L Higdon (3) signed by District Judge Thomas W Phillips on 12/10/2014. (JDH)
December 17, 2014
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ORDER as to Defendant Jill Higdon. Upon request of the Defendant, the Motion to Sever Defendant [Doc. 140 ] is WITHDRAWN. The Defendant's Motion for a Bill of Particulars [Doc. 204 ] is DENIED. The Defendant's Motion for Disclosure of Eyewitness Participants [Doc. 141] is GRANTED. The Government must immediately disclose the identities eyewitness participants who will not testify for the Government at trial. The Government must disclose the identities of eyewitness participants who will testify for the Government, when it discloses Jencks Act materials, which it has agreed to do before trial. The Defendant's Motion for Disclosure of All Statements Which the Government Will Seek to Attribute to the Defendant [Doc. 142 ] is DENIED. Signed by Magistrate Judge C Clifford Shirley, Jr on December 17, 2014. (RLK)
February 23, 2015
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ORDER as to Michael D Leach: Granting 393 First MOTION to Continue Sentencing Hearing filed by USA. Sentencing reset from 3/9/2015 to 6/29/2015 10:00 AM in Courtroom 1A - Knoxville before District Judge Thomas W Phillips. Signed by District Judge Thomas W Phillips on 2/23/2015. (JDH)
February 25, 2015
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JUDGMENT as to Gina A Austin (13): Count 1 of the Indictment - A total term of imprisonment of 77 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 Thomas W Phillips on 2/25/2015. [USPO notified for designation] (JDH)
February 25, 2015
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JUDGMENT as to Dennis W Leinart (15): Count 1 of the Indictment - A total term of imprisonment of 64 months, a term of supervised release of 5 years, a special assessment fee of $100.00; All remaining counts as to this defendant in this case are dismissed on the motion of the United States. Signed by District Judge Thomas W Phillips on 2/25/2015. [USPO notified for designation] (JDH)
March 11, 2015
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JUDGMENT as to Samuel D Miracle (9): Count 1 of the Indictment - A total term of imprisonment of 120 months, a term of supervised release of 8 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 Thomas W Phillips on 3/11/2015. [USPO notified for designation] (JDH)
March 23, 2015
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JUDGMENT as to Rhonda D Bailey (21): Count 1 of the Indictment - A total term of imprisonment of 46 months (This sentence shall be served concurrently to the sentence in docket number B3C00417 in the Criminal Court of Anderson County, Tennessee.), a term of supervised release of 4 years, a special assessment fee of $100.00; All remaining counts as to this defendant in this case are dismissed on the motion of the United States. Signed by District Judge Thomas W Phillips on 3/23/2015. [USPO notified for designation] (JDH)
April 3, 2015
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ORDER OF CONTINUED COMMITMENT as to Robert N Hicks: The Government shall file a petition on the issue of the Defendant's involuntary medication on or before 4/24/2015. Defense counsel shall file a response to the petition by 5/8/2015;Hearing on Petition set for 5/18/2015 2:00 PM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley Jr. Signed by Magistrate Judge C Clifford Shirley, Jr on 4/3/2015. [Cert copies (3) forwarded to USMS; cert copies (3) forwarded to BOP] (JDH)
April 8, 2015
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JUDGMENT as to Dustin L Wallace (12): Count 1 of the Indictment - A total term of imprisonment of 188 months, a term of supervised release of 10 years, a special assessment fee of $100.00; All remaining counts as to this defendant in this case are dismissed on the motion of the United States. Signed by District Judge Thomas W Phillips on 4/8/2015. [USPO notified for designation] (JDH)
April 20, 2015
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JUDGMENT as to Roger L Moser (7): Counts 1,2 of the Indictment - A total term of imprisonment of 70 months, this sentence consists of terms of 70 months as to each of Counts 1 and 2 of the Indictment; to be served concurrently (This sentence shall to served concurrently to any sentence imposed in docket number 13ST2051 in either the General Sessions Court or the Criminal Court of Anderson County, Tennessee.); a term of supervised release of 4 years, this term consists of 4 years as to Count 1 of the Indictment and 3 years as to Count 2 of the Indictment; such terms to be served concurrently; a special assessment fee of $200.00; The remaining count as to this defendant in this case isdismissed on the motion of the United States. Signed by District Judge Thomas W Phillips on 4/20/2015. (JDH)
May 28, 2015
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MEMORANDUM AND ORDER granting in part 492 Motion MOTION Petition for the Authorization of Involuntary Medication (Redacted) as to Robert N Hicks (16) signed by Magistrate Judge C Clifford Shirley, Jr on 5/28/2015. [Cert copies (3) forwarded to USMS; copy mailed to Warden Kenny Atkinson at FMC Butner, on Drs. Robert Cochrane and Byron Herber at FMC Butner] (JDH)
June 24, 2015
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JUDGMENT as to Katherine G Wright (17): Count 1 of the Indictment - A total term of imprisonment of 46 months, a term of supervised release of 3 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 Thomas W Phillips on 6/24/2015. (JDH)
June 29, 2015
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JUDGMENT as to Michael D Leach (4): Count 1 of the Indictment - A total term of imprisonment of 72 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 Thomas W Phillips on 6/29/2015. (JDH)
June 30, 2015
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MEMORANDUM AND ORDER as to Robert N Hicks: Granting 524 First MOTION to Continue Trial filed by Robert N Hicks. The 7/7/2015, trial date is removed and will be reset if and when the Defendant is deemed to be competent to stand trial. Status Conference set for 7/27/2015 1:30 PM in Judge's Chambers (Telephonic Conference) - Knoxville before Magistrate Judge C Clifford Shirley Jr. Signed by Magistrate Judge C Clifford Shirley, Jr on 6/30/2015. (JDH) Text modified on 6/30/2015 (JDH).
December 10, 2015
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ORDER OF CONTINUED COMMITMENT as to Robert N Hicks. The Defendant is COMMITTED to the custody of the Attorney General for an additional four-month period for treatment, evaluation, and testing. The Defendant SHALL REMAIN hospitalized at FMC Butner for this additional four-month period. All provisions of the Court's prior Memorandum and Order regarding involuntary medication [Doc. 514 ] of May 28, 2015, remain in effect. Signed by Magistrate Judge C Clifford Shirley, Jr on 12/9/2015. [Cert copies (3) forwarded to USMS & FMC Butner.] (JDH)
February 25, 2016
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MEMORANDUM AND ORDER TO CONTINUE - Ends of Justice as to Robert N Hicks Time excluded from 8/26/2014 until 2/24/2016: The Defendant is competent to proceed to trial. Jury Trial set for 4/19/2016 9:00 AM in Courtroom 1A - Knoxville before District Judge Thomas W Phillips. Signed by Magistrate Judge C Clifford Shirley, Jr on 2/25/2016. (JDH)
December 19, 2016
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MEMORANDUM OPINION as to Erik B Oldham signed by District Judge Thomas W Phillips on 12/19/2016. [Copy mailed to Erik B Oldham] (JDH)
February 15, 2017
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MEMORANDUM AND ORDER denying 795 Motion PRO SE MOTION for Modification of Sentence as to Samuel D Miracle (9) signed by District Judge Thomas W Phillips on 2/15/2017. [Copy mailed to Samuel Miracle] (JDH)
August 7, 2017
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MEMORANDUM AND ORDER denying 791 Motion to Vacate (2255) as to Gina A Austin (13) signed by District Judge Thomas W Phillips on 8/7/2017. [Copy mailed to Gina A Austin] (JDH) Civil Case 3:16-cv-00632-TWP closed. (Main Document 813 replaced on 8/7/2017) (JDH, ).