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15-177 - USA v. Benanti et al


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15-177 - USA v. Benanti et al
September 16, 2016
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REPORT AND RECOMMENDATIONS as to Michael Benanti: The Court RECOMMENDS that the Defendants Motion to Strike Multiplicitous Counts 37 be granted in part, in that three § 922(g) convictions be deemed multiplicitous, and denied in part, in that all convictions for violations of § 922(g), if any, be merged following trial, rather than the counts stricken pretrial. Signed by Magistrate Judge C Clifford Shirley, Jr on 9/16/16. (ABF)
October 3, 2016
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REPORT AND RECOMMENDATION as to Michael Benanti that the Defendant's Motion to Suppress Based on the Illegal Arrest, November 25, 2016 [Doc. 32] be denied and his Motion to Suppress Oral Statements Made by Defendant [Doc. 35] be granted in part and denied in part. Signed by Magistrate Judge C Clifford Shirley, Jr on October 3, 2016. (AYB)
October 4, 2016
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ORDER accepting in whole 54 Magistrate Judge Shirley's Report and Recommendation as to Michael Benanti (1). The Court hereby GRANTS in part and DENIES in part the defendant's Motion To Strike Multiplicitous Counts [Doc. 37]. If the defendant is convicted of multiple § 922(g) counts, they shall be deemed multiplicitous and accordingly merged following trial, rather than stricken pretrial. Signed by Chief District Judge Thomas A Varlan on October 4, 2016. (AYB)
October 7, 2016
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REPORT AND RECOMMENDATION as to Michael Benanti recommending that the Defendant's Motion and Memorandum to Suppress Evidence Obtained at 380 Allison Drive ("Southern Comfort") [Doc. 33] be denied. The undersigned also RECOMMENDS that the Defendant's Omnibus Motion to Suppress All Subsequent Search Warrants [Doc. 34] be denied as moot because the evidence seized in the search of the Allison Drive cabin was not unconstitutionally obtained. Signed by Magistrate Judge C Clifford Shirley, Jr on October 7, 2016. (AYB)
October 13, 2016
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MEMORANDUM AND ORDER denying 38 Motion for Bill of Particulars as to Michael Benanti (1); denying as moot 40 MOTION Request for 404(b)-type Evidence as to Michael Benanti (1); denying 41 MOTION Pretrial Notice of Impeachment by Evidence of a Criminal Conviction as to Michael Benanti (1); granting 42 MOTION To Preclude Introduction of Prior Convictions (Old Chief) as to Michael Benanti (1); deferring 43 MOTION for Juror Questionnaire by Michael Benanti. Signed by Magistrate Judge C Clifford Shirley, Jr on 10/13/2016. (JDH)
November 30, 2016
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ORDER: The defendant's objections [Doc. 73] are OVERRULED. The Court ACCEPTS in part the R&R and incorporates it into this Memorandum Opinion and Order [Doc. 58], and the Court DENIES in part the R&R, only to the extent that certain statements made by the defendant may not be used by the government for impeachment purposes. The Court DENIES the defendant's Motion to Suppress Based on the Illegal Arrest, November 25, 2015 [Doc. 32] and GRANTS in part and DENIES in part the defendant's Motion to Suppress Oral Statements Made by Defendant [Doc. 35] as to Michael Benanti (1) as set forth more fully herein. Signed by Chief District Judge Thomas A Varlan on November 30, 2016. (AYB)
December 5, 2016
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MEMORANDUM AND ORDER as to Michael Benanti (1); the defendants objections 76 are OVERRULED. The Court also finds that further oral argument on this motion to suppress is not warranted, and the defendants request for oral argument 76 is, therefore, DENIED. The Court ACCEPTS in whole the R&R 65 and incorporates it into this Memorandum Opinion and Order. The Court hereby DENIES the defendants Motion to Suppress Evidence Obtained at 380 Allison Drive (Southern Comfort) 33 andDENIES as moot the defendants Omnibus Motion to Suppress All Subsequent SearchWarrants 34 because evidence seized during the search of Southern Comfort wasnot unconstitutionally obtained.. Signed by Chief District Judge Thomas A Varlan on December 5, 2016. (JAN, )
January 6, 2017
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ORDER denying 52 Defendant's Motion for Issuance of a Subpoena Duces Tecum as to Michael Benanti (1), because the recorded jail telephone calls of Codefendant Brian Witham and Kathy McGrath cannot be gained pursuant to a subpoena duces tecum. The Court also finds that the recorded jail telephone calls of Codefendant Brian Witham and Kathy McGrath are the statements of Witham and, thus, are Jencks Act material. The Defendant's oral motion for the Court to order the Government to disclose recorded jail telephone conversations before trial as early Jencks materials must be DENIED; and the Government is strongly encouraged to provide the recorded jail telephone conversations of Witham and McGrath to defense counsel on or before January 17, 2017, to permit defense counsel time to listen to the fifteen hours of recorded conversations without significantly delaying the trial. Signed by Magistrate Judge C Clifford Shirley, Jr on January 6, 2017. (AYB)
May 9, 2017
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MEMORANDUM AND ORDER granting in part 153 and 158 as to Michael Benanti (1), in that the Court exercises its discretion to permit the Defendant to represent himself only on his motion for a new trial [presently Doc. 154]. Attorneys Kurtz and Gaines will continue to represent Defendant Benanti at sentencing and the remainder of this case, and Defendant Benanti will not be co-counsel or engage in hybrid representation on sentencing matters. The Defendant's request [Doc. 158] to deny the Government's motions to strike is DENIED at this time, because that matter is pending before the District Judge. The Defendant's oral request for additional time to revise, narrow, and refile his pro se motion for new trial is GRANTED. The Defendant must file his amended motion for a new trial on or before May 24, 2017, and this filing will replace (not supplement) his earlier pro se filings [Docs. 151 & 154]. The Government's deadline for responding to this motion is June 5, 2017. The Defendant may file a reply to the Government's response on or before June 12, 2017. This schedule is not subject to extension because such would interfere with the July 25 sentencing hearing. Signed by Magistrate Judge C Clifford Shirley, Jr on May 9, 2017. c/m (AYB)
July 13, 2017
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MEMORANDUM OPINION AND ORDER as to Michael Benanti (1) the Court hereby DENIES the defendant's motion for new trial 169. Furthermore, the Court DENIES as moot the defendant's motion for an extension of time to file reply 176, seeing as the defendant timely filed his reply to the government's response. The Court hereby GRANTS the defendant's motions to amend his reply 181, 194 and to file late exhibits 187, in that the Court considered the defendant's amendments and exhibits in deciding his motion for new trial. The Court also DENIES the defendant's earlier-filed motions for new trial 151, 154, based on Judge Shirley's Order [See 163]. Finally, the Court hereby DENIES as moot the government's motions to strike the defendants filings 152, 156 and the defendant's motion to postpone his sentencing 193. The defendant's sentencing shall remained scheduled for Tuesday, July 18, 2017, at 10:00 a.m. Signed by Chief District Judge Thomas A. Varlan on 7/13/17. (ADA, ) Modified on 7/13/2017 to note c/m to Michael Benanti # 1313068 KNOX COUNTY DETENTION FACILITY 5001 MALONEYVILLE ROAD KNOXVILLE, TN 37918 (ADA).