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16-117 - USA v. Arnold et al


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16-117 - USA v. Arnold et al
June 22, 2016
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ORDER as to Joe L. Russell, II: Motion by Patrick Frogge to Withdraw and Substitute Counsel as to Joe L. Russell, II 33 is GRANTED. The Federal Public Defender shall appoint Jodi Bell as new counsel. Signed by Chief Judge Kevin H. Sharp on 6/22/2016. (as)
September 30, 2016
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MEMORANDUM as to Robert F. Arnold, Joe L. Russell, II, and John Vanderveer: Order to enter. Signed by Chief Judge Kevin H. Sharp on 9/30/16. (jb)MEMORANDUM as to Robert F. Arnold, Joe L. Russell, II, and John Vanderveer: Order to enter. Signed by Chief Judge Kevin H. Sharp on 9/30/16. (jb)MEMORANDUM as to Robert F. Arnold, Joe L. Russell, II, and John Vanderveer: Order to enter. Signed by Chief Judge Kevin H. Sharp on 9/30/16. (jb)
September 30, 2016
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ORDER as to Robert F. Arnold, Joe L. Russell, II, and John Vanderveer: For the reasons set forth in the accompanying Memorandum (DE No. 86), the Court rules as follows: 1) Deft Arnold's Motion for Bill of Particulars (DE No. 69) is GRANTED IN PART and DENIED IN PART. Motion is GRANTED with respect to Requests 2 and 5, but DENIED with respect to Requests 1, 3, 4, and 6. Within 10 DAYS of the date of entry of this Order, the Govt shall file a bill of particulars answering Requests 2 and 5. Motions to Join in the Motion filed by Deft Russell (DE No. 71) and Deft Vanderveer (DE No. 72) are hereby GRANTED. Govt's Motion to Substitute Pleading (DE No. 60) is GRANTED. With that substitution, the Govt's Sealed Motion for Inquiry (DE No. 56) and Deft Russell's Motion to Strike (DE No. 57) are DENIED AS MOOT. The Court will hold a hearing on 10/20/2016 at 10:30 AM on Govt's Amended Motion Regarding Eligibility for Appointed Counsel (DE No. 61); Deft Russell's Motion to Strike (DE No. 63); Deft Vanderveer's Motion to Strike Discovery Protective Order (DE No. 73); and Deft Russell's Motion for Appointment of Co-Counsel (DE No. 80). Signed by Chief Judge Kevin H. Sharp on 9/30/16. (jb)ORDER as to Robert F. Arnold, Joe L. Russell, II, and John Vanderveer: For the reasons set forth in the accompanying Memorandum (DE No. 86), the Court rules as follows: 1) Deft Arnold's Motion for Bill of Particulars (DE No. 69) is GRANTED IN PART and DENIED IN PART. Motion is GRANTED with respect to Requests 2 and 5, but DENIED with respect to Requests 1, 3, 4, and 6. Within 10 DAYS of the date of entry of this Order, the Govt shall file a bill of particulars answering Requests 2 and 5. Motions to Join in the Motion filed by Deft Russell (DE No. 71) and Deft Vanderveer (DE No. 72) are hereby GRANTED. Govt's Motion to Substitute Pleading (DE No. 60) is GRANTED. With that substitution, the Govt's Sealed Motion for Inquiry (DE No. 56) and Deft Russell's Motion to Strike (DE No. 57) are DENIED AS MOOT. The Court will hold a hearing on 10/20/2016 at 10:30 AM on Govt's Amended Motion Regarding Eligibility for Appointed Counsel (DE No. 61); Deft Russell's Motion to Strike (DE No. 63); Deft Vanderveer's Motion to Strike Discovery Protective Order (DE No. 73); and Deft Russell's Motion for Appointment of Co-Counsel (DE No. 80). Signed by Chief Judge Kevin H. Sharp on 9/30/16. (jb)ORDER as to Robert F. Arnold, Joe L. Russell, II, and John Vanderveer: For the reasons set forth in the accompanying Memorandum (DE No. 86), the Court rules as follows: 1) Deft Arnold's Motion for Bill of Particulars (DE No. 69) is GRANTED IN PART and DENIED IN PART. Motion is GRANTED with respect to Requests 2 and 5, but DENIED with respect to Requests 1, 3, 4, and 6. Within 10 DAYS of the date of entry of this Order, the Govt shall file a bill of particulars answering Requests 2 and 5. Motions to Join in the Motion filed by Deft Russell (DE No. 71) and Deft Vanderveer (DE No. 72) are hereby GRANTED. Govt's Motion to Substitute Pleading (DE No. 60) is GRANTED. With that substitution, the Govt's Sealed Motion for Inquiry (DE No. 56) and Deft Russell's Motion to Strike (DE No. 57) are DENIED AS MOOT. The Court will hold a hearing on 10/20/2016 at 10:30 AM on Govt's Amended Motion Regarding Eligibility for Appointed Counsel (DE No. 61); Deft Russell's Motion to Strike (DE No. 63); Deft Vanderveer's Motion to Strike Discovery Protective Order (DE No. 73); and Deft Russell's Motion for Appointment of Co-Counsel (DE No. 80). Signed by Chief Judge Kevin H. Sharp on 9/30/16. (jb)
November 4, 2016
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MEMORANDUM as to Robert F. Arnold: Order to enter. Signed by Chief Judge Kevin H. Sharp on 11/4/16. (jb)
November 4, 2016
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ORDER as to Robert F. Arnold: For the reasons set forth in the accompanying Memorandum (DE No. 106), Deft Robert F. Arnold's "Motion for Review of September 29, 2016 Detention Order" (DE No. 92) is hereby DENIED. Deft shall remain in the custody of the Attorney General pending trial under the same conditions previously imposed. Signed by Chief Judge Kevin H. Sharp on 11/4/16. (jb)
January 4, 2017
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MEMORANDUM OPINION AND ORDER as to Robert F. Arnold, Joe R. Russell, II and John Vanderveer: Motions to Join filed by Deft Russell (DE Nos. 143144) and Deft Vanderveer (DE No. 145) are granted. Deft Arnold's Motion to Dismiss Counts Two Through Five (DE No. 141) and Motion to Dismiss Counts Seven through Nine (DE No. 142) are denied. Trial date of 2/7/17 is CONFIRMED. Signed by Chief Judge Kevin H. Sharp on 1/4/17. (jb)MEMORANDUM OPINION AND ORDER as to Robert F. Arnold, Joe R. Russell, II and John Vanderveer: Motions to Join filed by Deft Russell (DE Nos. 143144) and Deft Vanderveer (DE No. 145) are granted. Deft Arnold's Motion to Dismiss Counts Two Through Five (DE No. 141) and Motion to Dismiss Counts Seven through Nine (DE No. 142) are denied. Trial date of 2/7/17 is CONFIRMED. Signed by Chief Judge Kevin H. Sharp on 1/4/17. (jb)MEMORANDUM OPINION AND ORDER as to Robert F. Arnold, Joe R. Russell, II and John Vanderveer: Motions to Join filed by Deft Russell (DE Nos. 143144) and Deft Vanderveer (DE No. 145) are granted. Deft Arnold's Motion to Dismiss Counts Two Through Five (DE No. 141) and Motion to Dismiss Counts Seven through Nine (DE No. 142) are denied. Trial date of 2/7/17 is CONFIRMED. Signed by Chief Judge Kevin H. Sharp on 1/4/17. (jb)
May 5, 2017
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JUDGMENT on sentencing held on 5/4/17 as to Robert F. Arnold: Plea of guilty to Counts 2, 7, and 13 of the Indictment. Imprisonment for 50 months on each of Counts 2, 7, and 13, to run concurrently. Remanded to custody. Three years supervised release as to Counts 2, 7, and 13, to run concurrently, with conditions. $300 special assessment. $52,500.00, joint and several with co-defts Russell & Vanderveer. Forfeiture of Money Judgment in the amount of $66,790.00 in U.S. currency, see Order of Forfeiture, DE No. 198. Counts 1, 3, 4, 5, 6, 8, 9, 10, 11 and 14 are dismissed on Motion by Govt. Signed by Judge Marvin E. Aspen on 5/5/17. (jb)
November 20, 2017
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JUDGMENT on sentencing held on 11/16/17 as to Joe L. Russell, II: Plea of guilty to Counts 2, 7, and 13 of the Indictment. Imprisonment for 15 months on each of Counts 2, 7, and 13, to run concurrently. Deft to self-report before 2:00 PM on 1/22/2018. Three years supervised release as to Counts 2, 7, and 13, to run concurrently, with conditions. $300 special assessment. $52,500.00 restitution, joint and several with co-defts Arnold & Vanderveer. Forfeiture of Money Judgment in the amount of $52,234.41, see Order of Forfeiture, DE No. 237. Counts 1, 3-5, 6, 8-10, and 14 are dismissed on motion by Govt. Signed by Judge Marvin E. Aspen on 11/20/17. (jb)