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16-020 - USA v. Hazelwood et al


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16-020 - USA v. Hazelwood et al
December 19, 2016
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REPORT AND RECOMMENDATIONS as to Scott Wombold: It is RECOMMENDED that Defendant Wombolds Motion to Dismiss Counts 11 through 13 on Grounds of Duplicity 80 be denied as moot. Signed by Magistrate Judge H Bruce Guyton on 12/19/16. (ABF)
February 16, 2017
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ORDER as to Scott Wombold (2): Judge Guyton filed a report and recommendation that the Court deny Wombolds motion as moot. Neither party filed an objection, and the time to do so has passed. It is ORDERED that Judge Guytons report and recommendation, 125, is ADOPTED as the opinion of the Court. Scott Wombolds motion to dismiss, 80, is DENIED AS MOOT. Signed by District Judge Amul R Thapar on 2/16/17. (ABF)
February 24, 2017
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REPORT AND RECOMMENDATIONS as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann: The Court finds that the Defendants have failed to establish a violation of due process, both as a matter of law and with regard to the specific facts and theories in this case. Accordingly, the undersigned respectfully RECOMMENDS that the Motion to Dismiss Counts 1 Through 10 on Grounds of Due Process 82 and the Motion to Dismiss Counts 1-10 of the Superseding Indictment 100 be denied. Signed by Magistrate Judge H Bruce Guyton on 2/24/17. (ABF)REPORT AND RECOMMENDATIONS as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann: The Court finds that the Defendants have failed to establish a violation of due process, both as a matter of law and with regard to the specific facts and theories in this case. Accordingly, the undersigned respectfully RECOMMENDS that the Motion to Dismiss Counts 1 Through 10 on Grounds of Due Process 82 and the Motion to Dismiss Counts 1-10 of the Superseding Indictment 100 be denied. Signed by Magistrate Judge H Bruce Guyton on 2/24/17. (ABF)REPORT AND RECOMMENDATIONS as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann: The Court finds that the Defendants have failed to establish a violation of due process, both as a matter of law and with regard to the specific facts and theories in this case. Accordingly, the undersigned respectfully RECOMMENDS that the Motion to Dismiss Counts 1 Through 10 on Grounds of Due Process 82 and the Motion to Dismiss Counts 1-10 of the Superseding Indictment 100 be denied. Signed by Magistrate Judge H Bruce Guyton on 2/24/17. (ABF)REPORT AND RECOMMENDATIONS as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann: The Court finds that the Defendants have failed to establish a violation of due process, both as a matter of law and with regard to the specific facts and theories in this case. Accordingly, the undersigned respectfully RECOMMENDS that the Motion to Dismiss Counts 1 Through 10 on Grounds of Due Process 82 and the Motion to Dismiss Counts 1-10 of the Superseding Indictment 100 be denied. Signed by Magistrate Judge H Bruce Guyton on 2/24/17. (ABF)REPORT AND RECOMMENDATIONS as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann: The Court finds that the Defendants have failed to establish a violation of due process, both as a matter of law and with regard to the specific facts and theories in this case. Accordingly, the undersigned respectfully RECOMMENDS that the Motion to Dismiss Counts 1 Through 10 on Grounds of Due Process 82 and the Motion to Dismiss Counts 1-10 of the Superseding Indictment 100 be denied. Signed by Magistrate Judge H Bruce Guyton on 2/24/17. (ABF)REPORT AND RECOMMENDATIONS as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann: The Court finds that the Defendants have failed to establish a violation of due process, both as a matter of law and with regard to the specific facts and theories in this case. Accordingly, the undersigned respectfully RECOMMENDS that the Motion to Dismiss Counts 1 Through 10 on Grounds of Due Process 82 and the Motion to Dismiss Counts 1-10 of the Superseding Indictment 100 be denied. Signed by Magistrate Judge H Bruce Guyton on 2/24/17. (ABF)REPORT AND RECOMMENDATIONS as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann: The Court finds that the Defendants have failed to establish a violation of due process, both as a matter of law and with regard to the specific facts and theories in this case. Accordingly, the undersigned respectfully RECOMMENDS that the Motion to Dismiss Counts 1 Through 10 on Grounds of Due Process 82 and the Motion to Dismiss Counts 1-10 of the Superseding Indictment 100 be denied. Signed by Magistrate Judge H Bruce Guyton on 2/24/17. (ABF)REPORT AND RECOMMENDATIONS as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann: The Court finds that the Defendants have failed to establish a violation of due process, both as a matter of law and with regard to the specific facts and theories in this case. Accordingly, the undersigned respectfully RECOMMENDS that the Motion to Dismiss Counts 1 Through 10 on Grounds of Due Process 82 and the Motion to Dismiss Counts 1-10 of the Superseding Indictment 100 be denied. Signed by Magistrate Judge H Bruce Guyton on 2/24/17. (ABF)
May 25, 2017
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ORDER as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8); It is ORDERED that the Court ACCEPTS Magistrate Judge Guyton's recommendation to deny the defendants' motions to dismiss, R. 141. For the reasons given here, those motions, R. 82, R. 100, are DENIED. Signed by District Judge Amul R Thapar on 5/25/2017. (KMK) Modified text on 5/26/2017 (KMK, ).ORDER as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8); It is ORDERED that the Court ACCEPTS Magistrate Judge Guyton's recommendation to deny the defendants' motions to dismiss, R. 141. For the reasons given here, those motions, R. 82, R. 100, are DENIED. Signed by District Judge Amul R Thapar on 5/25/2017. (KMK) Modified text on 5/26/2017 (KMK, ).ORDER as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8); It is ORDERED that the Court ACCEPTS Magistrate Judge Guyton's recommendation to deny the defendants' motions to dismiss, R. 141. For the reasons given here, those motions, R. 82, R. 100, are DENIED. Signed by District Judge Amul R Thapar on 5/25/2017. (KMK) Modified text on 5/26/2017 (KMK, ).ORDER as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8); It is ORDERED that the Court ACCEPTS Magistrate Judge Guyton's recommendation to deny the defendants' motions to dismiss, R. 141. For the reasons given here, those motions, R. 82, R. 100, are DENIED. Signed by District Judge Amul R Thapar on 5/25/2017. (KMK) Modified text on 5/26/2017 (KMK, ).ORDER as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8); It is ORDERED that the Court ACCEPTS Magistrate Judge Guyton's recommendation to deny the defendants' motions to dismiss, R. 141. For the reasons given here, those motions, R. 82, R. 100, are DENIED. Signed by District Judge Amul R Thapar on 5/25/2017. (KMK) Modified text on 5/26/2017 (KMK, ).ORDER as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8); It is ORDERED that the Court ACCEPTS Magistrate Judge Guyton's recommendation to deny the defendants' motions to dismiss, R. 141. For the reasons given here, those motions, R. 82, R. 100, are DENIED. Signed by District Judge Amul R Thapar on 5/25/2017. (KMK) Modified text on 5/26/2017 (KMK, ).ORDER as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8); It is ORDERED that the Court ACCEPTS Magistrate Judge Guyton's recommendation to deny the defendants' motions to dismiss, R. 141. For the reasons given here, those motions, R. 82, R. 100, are DENIED. Signed by District Judge Amul R Thapar on 5/25/2017. (KMK) Modified text on 5/26/2017 (KMK, ).ORDER as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8); It is ORDERED that the Court ACCEPTS Magistrate Judge Guyton's recommendation to deny the defendants' motions to dismiss, R. 141. For the reasons given here, those motions, R. 82, R. 100, are DENIED. Signed by District Judge Amul R Thapar on 5/25/2017. (KMK) Modified text on 5/26/2017 (KMK, ).
June 1, 2017
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REPORT AND RECOMMENDATIONS as to Scott Wombold, Heather Jones: It is RECOMMENDED that Defendant Scott Wombolds Motion to Suppress Statements 132 and the Motion to Suppress Oral Statements Made by Defendant Heather Jones 134 be denied. Signed by Magistrate Judge H Bruce Guyton on 6/1/17. (ABF)REPORT AND RECOMMENDATIONS as to Scott Wombold, Heather Jones: It is RECOMMENDED that Defendant Scott Wombolds Motion to Suppress Statements 132 and the Motion to Suppress Oral Statements Made by Defendant Heather Jones 134 be denied. Signed by Magistrate Judge H Bruce Guyton on 6/1/17. (ABF)
June 6, 2017
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ORDER granting 176 Motion to Correct Clerical Errors in Counts Five and Six of the Superseding Indictment as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8). The Court ORDERS that the amount $11,885.45 in Count Five and in Count Six be amended to $11,721.37. The Clerk of Court is DIRECTED to file the Government's Exhibit 3 [Doc. 176-3] as an Amended Superseding Indictment in this case. Signed by Magistrate Judge H Bruce Guyton on 6/6/2017. (KMK, )ORDER granting 176 Motion to Correct Clerical Errors in Counts Five and Six of the Superseding Indictment as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8). The Court ORDERS that the amount $11,885.45 in Count Five and in Count Six be amended to $11,721.37. The Clerk of Court is DIRECTED to file the Government's Exhibit 3 [Doc. 176-3] as an Amended Superseding Indictment in this case. Signed by Magistrate Judge H Bruce Guyton on 6/6/2017. (KMK, )ORDER granting 176 Motion to Correct Clerical Errors in Counts Five and Six of the Superseding Indictment as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8). The Court ORDERS that the amount $11,885.45 in Count Five and in Count Six be amended to $11,721.37. The Clerk of Court is DIRECTED to file the Government's Exhibit 3 [Doc. 176-3] as an Amended Superseding Indictment in this case. Signed by Magistrate Judge H Bruce Guyton on 6/6/2017. (KMK, )ORDER granting 176 Motion to Correct Clerical Errors in Counts Five and Six of the Superseding Indictment as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8). The Court ORDERS that the amount $11,885.45 in Count Five and in Count Six be amended to $11,721.37. The Clerk of Court is DIRECTED to file the Government's Exhibit 3 [Doc. 176-3] as an Amended Superseding Indictment in this case. Signed by Magistrate Judge H Bruce Guyton on 6/6/2017. (KMK, )ORDER granting 176 Motion to Correct Clerical Errors in Counts Five and Six of the Superseding Indictment as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8). The Court ORDERS that the amount $11,885.45 in Count Five and in Count Six be amended to $11,721.37. The Clerk of Court is DIRECTED to file the Government's Exhibit 3 [Doc. 176-3] as an Amended Superseding Indictment in this case. Signed by Magistrate Judge H Bruce Guyton on 6/6/2017. (KMK, )ORDER granting 176 Motion to Correct Clerical Errors in Counts Five and Six of the Superseding Indictment as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8). The Court ORDERS that the amount $11,885.45 in Count Five and in Count Six be amended to $11,721.37. The Clerk of Court is DIRECTED to file the Government's Exhibit 3 [Doc. 176-3] as an Amended Superseding Indictment in this case. Signed by Magistrate Judge H Bruce Guyton on 6/6/2017. (KMK, )ORDER granting 176 Motion to Correct Clerical Errors in Counts Five and Six of the Superseding Indictment as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8). The Court ORDERS that the amount $11,885.45 in Count Five and in Count Six be amended to $11,721.37. The Clerk of Court is DIRECTED to file the Government's Exhibit 3 [Doc. 176-3] as an Amended Superseding Indictment in this case. Signed by Magistrate Judge H Bruce Guyton on 6/6/2017. (KMK, )ORDER granting 176 Motion to Correct Clerical Errors in Counts Five and Six of the Superseding Indictment as to Mark Hazelwood (1), Scott Wombold (2), John Freeman (3), Vicki Borden (4), John Spiewak (5), Katy Bibee (6), Heather Jones (7), Karen Mann (8). The Court ORDERS that the amount $11,885.45 in Count Five and in Count Six be amended to $11,721.37. The Clerk of Court is DIRECTED to file the Government's Exhibit 3 [Doc. 176-3] as an Amended Superseding Indictment in this case. Signed by Magistrate Judge H Bruce Guyton on 6/6/2017. (KMK, )
July 6, 2017
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ORDER accepting and adopting 180 Report and Recommendations as to Heather Jones (7); denying 134 Motion to Suppress as to Heather Jones (7). Signed by District Judge Curtis L Collier on 7/6/17. (aws, )
October 10, 2017
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MEMORANDUM as to Scott Wombold. The Court finds the Magistrate Judge properly concluded Defendant was not in custody for Miranda purposes. Accordingly, the Court will MODIFY the R&R as set out in this Memorandum and ACCEPT and ADOPT the remainder of the R&R 180. Defendants motion to suppress 132 will be DENIED. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/10/17. (aws, )
October 10, 2017
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ORDER: The Court (1) MODIFIES the sentence Wombold did not claim to see other agents through the opening or that an agent was guarding his door on pages 39 through 40 of the R&R by removing the phrase to see other agents through the opening or, so the sentence reads Wombold did not claim that an agent was guarding his door; (2) MODIFIES the sentence After one and one-half hours of questioning, Agent Fisher offered to move to another location of Wombold's choosing on page 32 of the R&R by replacing After one and one-half hours of questioning with Approximately half-way through the questioning; (3) Accepting and adopting the remainder of 180 Report and Recommendations as to Scott Wombold (2); (4) Denying 132 Motion Motion to Suppress Statements by Scott as to Scott Wombold (2). Signed by District Judge Curtis L Collier on 10/10/17. (aws, )
October 18, 2017
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MEMORANDUM as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann. Under controlling precedent in the Sixth Circuit and persuasive precedent from other circuits, Defendants have not shown Mr. Seay's proposed testimony would not satisfy the requirements for lay opinion testimony under Rule 701. Excluding such testimony before trial is not warranted. The Court will DENY Defendants' motion in limine 220. A ruling on the admissibility of the Government's proposed summary exhibits reflecting Mr. Seay's proposed lay opinions would be premature, and the Court declines to consider the Governments request. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/18/17. (aws, )MEMORANDUM as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann. Under controlling precedent in the Sixth Circuit and persuasive precedent from other circuits, Defendants have not shown Mr. Seay's proposed testimony would not satisfy the requirements for lay opinion testimony under Rule 701. Excluding such testimony before trial is not warranted. The Court will DENY Defendants' motion in limine 220. A ruling on the admissibility of the Government's proposed summary exhibits reflecting Mr. Seay's proposed lay opinions would be premature, and the Court declines to consider the Governments request. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/18/17. (aws, )MEMORANDUM as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann. Under controlling precedent in the Sixth Circuit and persuasive precedent from other circuits, Defendants have not shown Mr. Seay's proposed testimony would not satisfy the requirements for lay opinion testimony under Rule 701. Excluding such testimony before trial is not warranted. The Court will DENY Defendants' motion in limine 220. A ruling on the admissibility of the Government's proposed summary exhibits reflecting Mr. Seay's proposed lay opinions would be premature, and the Court declines to consider the Governments request. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/18/17. (aws, )MEMORANDUM as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann. Under controlling precedent in the Sixth Circuit and persuasive precedent from other circuits, Defendants have not shown Mr. Seay's proposed testimony would not satisfy the requirements for lay opinion testimony under Rule 701. Excluding such testimony before trial is not warranted. The Court will DENY Defendants' motion in limine 220. A ruling on the admissibility of the Government's proposed summary exhibits reflecting Mr. Seay's proposed lay opinions would be premature, and the Court declines to consider the Governments request. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/18/17. (aws, )MEMORANDUM as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann. Under controlling precedent in the Sixth Circuit and persuasive precedent from other circuits, Defendants have not shown Mr. Seay's proposed testimony would not satisfy the requirements for lay opinion testimony under Rule 701. Excluding such testimony before trial is not warranted. The Court will DENY Defendants' motion in limine 220. A ruling on the admissibility of the Government's proposed summary exhibits reflecting Mr. Seay's proposed lay opinions would be premature, and the Court declines to consider the Governments request. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/18/17. (aws, )MEMORANDUM as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann. Under controlling precedent in the Sixth Circuit and persuasive precedent from other circuits, Defendants have not shown Mr. Seay's proposed testimony would not satisfy the requirements for lay opinion testimony under Rule 701. Excluding such testimony before trial is not warranted. The Court will DENY Defendants' motion in limine 220. A ruling on the admissibility of the Government's proposed summary exhibits reflecting Mr. Seay's proposed lay opinions would be premature, and the Court declines to consider the Governments request. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/18/17. (aws, )MEMORANDUM as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann. Under controlling precedent in the Sixth Circuit and persuasive precedent from other circuits, Defendants have not shown Mr. Seay's proposed testimony would not satisfy the requirements for lay opinion testimony under Rule 701. Excluding such testimony before trial is not warranted. The Court will DENY Defendants' motion in limine 220. A ruling on the admissibility of the Government's proposed summary exhibits reflecting Mr. Seay's proposed lay opinions would be premature, and the Court declines to consider the Governments request. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/18/17. (aws, )MEMORANDUM as to Mark Hazelwood, Scott Wombold, John Freeman, Vicki Borden, John Spiewak, Katy Bibee, Heather Jones, Karen Mann. Under controlling precedent in the Sixth Circuit and persuasive precedent from other circuits, Defendants have not shown Mr. Seay's proposed testimony would not satisfy the requirements for lay opinion testimony under Rule 701. Excluding such testimony before trial is not warranted. The Court will DENY Defendants' motion in limine 220. A ruling on the admissibility of the Government's proposed summary exhibits reflecting Mr. Seay's proposed lay opinions would be premature, and the Court declines to consider the Governments request. AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge Curtis L Collier on 10/18/17. (aws, )
February 21, 2018
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REPORT AND RECOMMENDATION as to Mark Hazelwood. The undersigned RECOMMENDS the Defendant remain released on the new conditions 491 imposed. Signed by Magistrate Judge H. Bruce Guyton on 2/21/18. (ADA)
March 14, 2018
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ORDER accepting and adopting 497 Report and Recommendations as to Mark Hazelwood (1). Signed by District Judge Curtis L Collier on 3/14/2018. (AML, )