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Public Access to Court Electronic Records Docket Report Output Menu Docket for case 1:94cr00057-0 consists of 15 pages. Case was last updated on: 08/11/97 . Report was generated on: 8/11/97 . X---------------------------------------------------------------------------X PACER session date: Thursday May 28, 1998 05:08:16 PM EST Case docket was last updated on: 08/11/97. Docket as of August 11, 1997 7:03 pm Page 1 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED CLOSED U.S. District Court Eastern District of Virginia (Alexandria) CRIMINAL DOCKET FOR CASE #: 94-CR-57-ALL USA v. Kinney, et al Filed: 02/16/94 Dkt# in other court: None Case Assigned to: Judge Unassigned LEMUEL KINNEY (1) Joseph Ferrusi defendant [COR LD NTC ret] 2009 N. 14th Street Suite 410 Arlington, VA 22201 (703) 528-5999 Robert Stanley Powell [COR LD NTC ret] 2200 Wilson Blvd Suite 800 Arlington, VA 22201 (703) 527-6664 Neil Sanders [term 02/28/94] [COR LD NTC ret] Neil Sanders and Associates 2212 East 4th Avenue Tampa, FL 33605 N/A (813) 248-2998 Lemuel Kinney [COR LD NTC] [PRO SE] 12508 Clydesdale Court Tampa, Fl 33626 NA Defendant Assigned to: Judge Leonie M. Brinkema Pending Counts: Disposition 18:371 CONSPIRACY to Defraud Dismissed on US motion. the U.S. by Wire Fraud; by (1) False Statements; by False Claims; and by Money Laundering. (June 1992) (1) 18:1343 & 2 Wire Fraud. (Ct. Dismissed on US motion. 2: 2/26/91); (Ct. 3: 2/27/91); (2 - 5) Docket as of August 11, 1997 7:03 pm Page 2 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED (Ct. 4: 2/28/91); (Ct. 5: 2/28/91). (2 - 5) 18:1001 & 2 FALSE STATEMENTS. Dismissed on US motion. (3/12/91) (6) (6) 18:1956 & 2 Money Laundering. Dismissed on US motion. FORFEITURE w/ Respect to (8) Count 8. (8) 18:1343 & 2 WIRE FRAUD. (Ct. Dismissed on US motion. 9: 4/05/91); (Ct. 10: (9 - 10) 5/20/91); (Ct. 11: 12/18/91). (9 - 10) 18:1343 & 2 WIRE FRAUD. (Ct. 24 mo.'s B.O.P., 5 yrs. sup. 9: 4/05/91); (Ct. 10: rel.; amended 1-17-95 to 5/20/91); (Ct. 11: reflect 3 yrs. of sup. rel. not 12/18/91). 5 (11) (11) 18:1001 & 2 FALSE STATEMENTS. Dismissed on US motion. (Ct. 12: 5/30/91); (Ct. 13: (12) 6/27/91); (Ct. 14: 7/31/91). (12) 18:1957 & 2 Engage in Monetary 24 mo.'s B.O.P., 5 yrs. sup. Transactions in Criminally rel.; amended 1-17-95 to derived property. (4/04/91) reflect 3 yrs. of sup. rel. not FORFEITURE w/ Respect 5 to Count 20. (20) (20) Offense Level (opening): 4 Terminated Counts: Disposition 18:287 & 2 FALSE CLAIMS. Dismissed on US motion. (4/02/91) (7) (7) 18:1001 & 2 FALSE STATEMENTS. Dismissed on US motion. (Ct. 12: 5/30/91); (Ct. 13: (13 - 14) 6/27/91); (Ct. 14: 7/31/91). (13 - 14) 18:287 & 2 FALSE STATEMENTS. Dismissed on US motion. (Ct. 15: 6/10/91); (Ct. 16: (15 - 17) Docket as of August 11, 1997 7:03 pm Page 3 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 7/08/91); (Ct. 17: 8/12/91). (15 - 17) 18:1956 & 2 Money Laundering. Dismissed on US motion. (Ct. 18: 12/20/91); (Ct. 19: (18 - 19) 12/20/91). FORFEITURE w/ Respect to Counts 18 & 19. (18 - 19) 18:1957 & 2 Engage in a Dismissed on US motion. Monetary Transaction in (21) Criminally derived property. (7/11/91). FORFEITURE w/ Respect to Count 21. (21) Offense Level (disposition): 4 Complaints: NONE ======================== Docket as of August 11, 1997 7:03 pm Page 4 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED Case Assigned to: Judge Unassigned ELECTRONIC SYSTEMS ASSOCIATES, Robert Stanley Powell INC. (2) [term 04/08/94] defendant [COR LD NTC cja] [term 04/08/94] 2200 Wilson Blvd Suite 800 Arlington, VA 22201 (703) 527-6664 Neil Sanders [term 02/28/94] [COR LD NTC ret] Neil Sanders and Associates 2212 East 4th Avenue Tampa, FL 33605 N/A (813) 248-2998 Defendant Assigned to: Judge James C. Cacheris Pending Counts: NONE Terminated Counts: Disposition 18:371 CONSPIRACY to Defraud Dismissed on US motion. the U.S. by Wire Fraud; by (1) False Statements; by False Claims; and by Money Laundering. (June 1992) (1) 18:1343 & 2 Wire Fraud. (Ct. Dismissed on US motion. 2: 2/26/91); (Ct. 3: 2/27/91); (2 - 5) (Ct. 4: 2/28/91); (Ct. 5: 2/28/91). (2 - 5) 18:1001 & 2 FALSE STATEMENTS. Dismissed on US motion. (3/12/91) (6) (6) 18:287 & 2 FALSE CLAIMS. Dismissed on US motion. (4/02/91) (7) (7) 18:1956 & 2 Money Laundering. Dismissed on US motion. FORFEITURE w/ Respect to (8) Count 8. (8) Docket as of August 11, 1997 7:03 pm Page 5 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 18:1343 & 2 WIRE FRAUD. (Ct. Dismissed on US motion. 9: 4/05/91); (Ct. 10: (9 - 11) 5/20/91); (Ct. 11: 12/18/91). (9 - 11) 18:1001 & 2 FALSE STATEMENTS. Dismissed on US motion. (Ct. 12: 5/30/91); (Ct. 13: (12 - 14) 6/27/91); (Ct. 14: 7/31/91). (12 - 14) 18:287 & 2 FALSE STATEMENTS. Dismissed on US motion. (Ct. 15: 6/10/91); (Ct. 16: (15 - 17) 7/08/91); (Ct. 17: 8/12/91). (15 - 17) 18:1956 & 2 Money Laundering. Dismissed on US motion. (Ct. 18: 12/20/91); (Ct. 19: (18 - 19) 12/20/91). FORFEITURE w/ Respect to Counts 18 & 19. (18 - 19) 18:1957 & 2 Engage in Monetary Dismissed on US motion. Transactions in Criminally (20) derived property. (4/04/91) FORFEITURE w/ Respect to Count 20. (20) 18:1957 & 2 Engage in a Dismissed on US motion. Monetary Transaction in (21) Criminally derived property. (7/11/91). FORFEITURE w/ Respect to Count 21. (21) Offense Level (disposition): 4 Complaints: NONE U. S. Attorneys: Natalia Combs Greene [COR LD] US Attorney's Office Docket as of August 11, 1997 7:03 pm Page 6 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 2100 Jamieson Avenue Alexandria, VA 22314 N/A (703) 299-3700 William T. Henderson [COR LD] US Attorney's Office 2100 Jamieson Avenue Alexandria, VA 22314 N/A (703) 299-3700 Docket as of August 11, 1997 7:03 pm Page 7 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 2/16/94 1 INDICTMENT, a true bill, returned to judge Bryan in open Court & filed as to Lemuel Kinney (1) count(s) 1, 2-5, 6, 7, 8, 9-11, 12-14, 15-17, 18-19, 20, 21, Electronic Systems Associates, Inc. (2) count(s) 1, 2-5, 6, 7, 8, 9-11, 12-14, 15-17, 18-19, 20, 21. Atty. notified. Summonses to issue. (maho) [Entry date 02/22/94] [Edit date 02/23/94] 2/16/94 -- Arraignment set for 9:00 2/28/94 for Lemuel Kinney, for Electronic Systems Associates, Inc. (maho) [Entry date 02/22/94] 2/16/94 2 EX PARTE MOTION as to Lemuel Kinney, Electronic Systems Associates, Inc. by USA for Restraining Order & Brief in support thereof. (maho) [Entry date 02/23/94] 2/16/94 -- Motion hearing held as to Lemuel Kinney, Electronic Systems Associates, Inc. re: [2-1] motion by USA for Restraining Order before Judge Albert V. Bryan Jr. ( Reporter: Farmer) USA appeared through: Henderson(DOJ). Motion heard ex parte and granted upon presentation of order w/modifications directed by Court. (spoo) [Entry date 02/23/94] 2/16/94 3 ORDER as to Lemuel Kinney, Electronic Systems Associates, Inc. granting [2-1] motion by USA for Restraining Order as to Lemuel Kinney (1), Electronic Systems Associates, Inc. (2) entered and filed ( Signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (spoo) [Entry date 02/23/94] 2/18/94 -- SUMMONS(ES) issued for Lemuel Kinney, Electronic Systems Associates, Inc. returnable 2-28-94 at 9:00 for arraignment and given to Marshal for service. (spoo) [Entry date 02/23/94] 2/28/94 -- Arraignment as to Lemuel Kinney held. Deft. WFA, PNG and demanded trial by jury. 20 days to file motions. Motion Hearing set for 9:00 4/22/94 Jury Trial set for 10:00 5/4/94. Appearance of local counsel waived for trial dates. U.S. requests deft. surrender firearms to U.S. Marshal -granted. Order to follow. Deft. directed to surrender passport to Clerk's Office. Passport placed in vault. Deft's bond cont.(?). Hearing on motion to be heard on 3-4-94. before Judge James C. Cacheris ( Reporter: Farmer) USA appeared through: Wm. Henderson & N.Green Dft(s) appeared with Neil Sanders, T. Taylor (rwar) [Entry date 02/28/94] [Edit date 02/28/94] 2/28/94 -- Initial appearance as to Lemuel Kinney held before Judge James C. Cacheris () (Defendant informed of rights.) (rwar) [Entry date 02/28/94] Docket as of August 11, 1997 7:03 pm Page 8 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 2/28/94 -- Arraignment as to Electronic Systems Associates, Inc. held. Plea of NG and jury demand entered on behalf of the corporation by co-deft. Lemuel Kinney. 20 days to file motions. Motion Hearing set for 9:00 4/22/94 Jury Trial set for 10:00 5/4/94. All exhibits, etc. to be filed w/clerk w/i 5 working days before trial. ; before Judge James C. Cacheris ( Reporter:Farmer) USA appeared through: Wm.Henderson & N.Green Dft(s) appeared with N.Sanders & T. Taylor (rwar) [Entry date 02/28/94] [Edit date 02/28/94] 2/28/94 -- Initial appearance as to Electronic Systems Associates, Inc. held before Judge James C. Cacheris ( ) (Defendant informed of rights.) (rwar) [Entry date 02/28/94] 2/28/94 4 MOTION as to Lemuel Kinney, Electronic Systems Associates, Inc. by USA for Pretrial Conference pursuant to the Classified Information Procedures Act (maho) [Entry date 02/28/94] 2/28/94 6 NOTICE of Appearance for Lemuel Kinney by Attorney Neil Sanders (spoo) [Entry date 03/01/94] 2/28/94 7 NOTICE of Appearance for Lemuel Kinney, Electronic Systems Associates, Inc. by Attorney Thomas A. T. Taylor (spoo) [Entry date 03/01/94] 2/28/94 8 NOTICE of Appearance for Lemuel Kinney, Electronic Systems Associates, Inc. by by local counsel Attorney Joseph Ferrusi (spoo) [Entry date 03/01/94] 2/28/94 9 ORDER as to Lemuel Kinney, Electronic Systems Associates, Inc., that the deft. surrender his weapons to the U.S. Marshal in Florida ( Signed by Judge James C. Cacheris ) Copies Mailed. (maho) [Entry date 03/02/94] 3/2/94 10 ORDER granting [4-1] motion by USA for Pretrial Conference pursuant to the Classified Information Procedures Act as to Lemuel Kinney (1), Electronic Systems Associates, Inc. (2) & that such Conference will be held on 3-11-94 @ 9:00a.m. Signed by Judge James C. Cacheris ) Copies Mailed. (maho) [Entry date 03/04/94] 3/4/94 11 MOTION as to Lemuel Kinney, Electronic Systems Associates, Inc. by USA for an Order to protect against the unauthorized disclosure of Classified Information (maho) [Entry date 03/04/94] 3/4/94 12 NOTICE of Hearing as to Lemuel Kinney, Electronic Systems Associates, Inc. Motion Hearing set for 9:00 3/11/94 for [11-1] motion by USA for an Order to protect against unauthorized disclosure of Classified Information (maho) [Entry date 03/04/94] Docket as of August 11, 1997 7:03 pm Page 9 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 3/11/94 -- Motion hearing held as to Lemuel Kinney, Electronic Systems Associates, Inc. re: [11-1] motion by USA for an Order to protect against the unauthorized disclosure of Classified Information -granted. Court will appoint counsel to represent corporation deft. CIPA hearing to be held 4-27-94 @10:00 Filings due 4-18-94. Discovery order entered and filed. Local counsel waived at hearings. Deft. Kinney released on $25,000. PR bond with special conditions he live in Florida. before Judge James C. Cacheris ( Reporter:Farmer) USA appeared through: Wm.Henderson & N.Green Dft(s) with Neil Sanders. (rwar) [Entry date 03/15/94] 3/11/94 13 ORDER Setting Conditions of Release as to Lemuel Kinney ( Signed by Judge James C. Cacheris ) Copies sent. (rwar) [Entry date 03/15/94] 3/11/94 14 ORDER as to Lemuel Kinney, Electronic Systems Associates, Inc., for Discovery & Inspection ( Signed by Judge James C. Cacheris Copies Mailed: y (rwar) [Entry date 03/15/94] 3/11/94 15 ORDER granting [11-1] motion by USA for an Order to protect against the unauthorized disclosure of Classified Information as to Lemuel Kinney (1), Electronic Systems Associates, Inc. (2) ( Signed by Judge James C. Cacheris ) Copies Mailed: y (rwar) [Entry date 03/15/94] 3/11/94 16 ORDER as to Electronic Systems Associates, Inc., Appointing Counsel Stan Powell. ( Signed by Judge James C. Cacheris ) Copies Mailed: y (rwar) [Entry date 03/15/94] 3/11/94 -- Motion hearing as to Lemuel Kinney, Electronic Systems Associates, Inc. re: CIPA motions set for 4-27-94 @10:00. Filings due 4-18-94. (rwar) [Entry date 03/15/94] 3/11/94 -- PR BOND entered by Lemuel Kinney in Amount $ $25,000. (rwar) [Entry date 03/15/94] 3/14/94 17 MARSHAL'S return on SUMMONS Returned Executed 2/25/94 as to Lemuel Kinney (bonn) [Entry date 03/17/94] 3/14/94 18 MARSHAL'S return on SUMMONS Returned Executed 2/25/94 as to Electronic Systems Associates, Inc. (bonn) [Entry date 03/17/94] 3/14/94 19 MOTION by Electronic Systems Associates, Inc., Lemuel Kinney for Joseph Ferrusi to Withdraw as Attorney Pro Hac Vice (bonn) [Entry date 03/17/94] 3/17/94 -- NOTE:Left message with Joseph Ferrusi to notice motion for withdraw of appearance (bonn) [Entry date 03/17/94] Docket as of August 11, 1997 7:03 pm Page 10 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 4/8/94 -- Change of Plea Hearing as to Lemuel Kinney held before Judge Leonie M. Brinkema ( McCoy) USA appeared through: Greene. Dft(s) appeared w/counsel (Ferrusi). Deft. entered plea of guilty to cts. 11 and 20 - accepted. US motion to dismiss remaining cts against Kinney and all cts. against Electric Systems - granted, order to follow. Deft. directed to PO for PSIR. Deft. cont. on current bond. (tcoo) [Entry date 04/20/94] 4/8/94 20 Plea Agreement as to Lemuel Kinney - filed in open Court. (tcoo) [Entry date 04/20/94] 4/8/94 21 STATEMENT OF FACTS as to Lemuel Kinney - filed in open Court. (tcoo) [Entry date 04/20/94] 4/8/94 22 ORDER as to Lemuel Kinney, Electronic Systems Associates, Inc. dismissing cts. 1-10, 11-19 and 21 of the indictment against Kinney and all counts against Electronic Systems; and vacating the restraining order issued 2/16/94 ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (tcoo) [Entry date 04/20/94] 4/8/94 -- DISMISSAL of Count(s) on Government Motion Terminated motions. Counts Dismissed: Lemuel Kinney (1) count(s) 1, 2-5, 6, 7, 8, 9-10, 12-14, 15-17, 18-19, 21, Electronic Systems Associates, Inc. (2) count(s) 1, 2-5, 6, 7, 8, 9-11, 12-14, 15-17, 18-19, 20, 21 (tcoo) [Entry date 04/20/94] 4/8/94 23 CONSENT ORDER of partial restitution as to Lemuel Kinney that deft. shall pay partial restitution to the US in the amount of $435,020 and that such payment shall be due immediately ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: y (tcoo) [Entry date 04/20/94] 4/8/94 -- Sentencing set for 9:00 6/17/94 for Lemuel Kinney, count(s) 20, 11 (tcoo) [Entry date 04/20/94] 5/23/94 24 TRANSCRIPT of proceedings of 04/08/94 (Plea proceedings) (LMB) - filed (bonn) [Entry date 05/23/94] 6/1/94 25 MOTION as to Lemuel Kinney, Electronic Systems Associates, Inc. for sequester of civil restitution by knowledgeable third party & to postpone deft.'s sentencing (maho) [Entry date 06/14/94] 6/10/94 26 RESPONSE by USA as to Lemuel Kinney, Electronic Systems Associates, Inc. in opposition to [25-1] motion for sequester of civil restitution by knowledgeable third party & to postpone deft.'s sentencing (maho) [Entry date 06/14/94] 6/16/94 27 POSITION with Respect to Sentencing Factors by USA as to Lemuel Kinney (rwar) [Entry date 06/16/94] Docket as of August 11, 1997 7:03 pm Page 11 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 6/21/94 28 Petition for consideration prior to sentening - filed by David Sweigert (ccur) [Entry date 06/21/94] 6/23/94 29 POSITION with Respect to Sentencing Factors by Lemuel Kinney (ccur) [Entry date 06/23/94] 6/23/94 30 NOTICE of Appearance for Lemuel Kinney by Attorney Robert Stanley Powell (maho) [Entry date 06/23/94] 6/24/94 -- Minute entry as to Lemuel Kinney : before Judge Leonie M. Brinkema ( McCoy) USA appeared through: Natalia Greene Dft(s) appeared with: R. Stanley Powell; matter on for sent. cont. to 7.29.94 @ 9:00 for G/L sent.; deft. cont. on present bond and released (tsch) [Entry date 06/24/94] [Edit date 06/24/94] 6/24/94 -- Sentencing set for 9:00 7/29/94 for Lemuel Kinney Lemuel Kinney (1) count(s) 20, 11 (tsch) [Entry date 06/24/94] 7/29/94 -- Sentencing held before Judge Leonie M. Brinkema ( Hopchas) USA appeared through: Natalia Combs-Greene Dft(s) appeared with: R. Stanley Powell Lemuel Kinney (1) count(s) 11, 20; 24 mo.'s B.O.P., vol. surrender to inst. allowed as directed by U.S. Marshal, each ct., conc.; 5 yrs. sup. rel., each ct., conc., cond. by $200,000.00 rest. @ 10% of deft.'s income per P.O., full financial disclosure to P.O.; $50.00 SAeach ct.(total $100.00); recomm. for Eglin facility; deft. cont. on present bond and released (tsch) [Entry date 08/03/94] 7/29/94 31 JUDGMENT in a criminal case - entered and filed. Copies to U.S. Marshal, U.S. Atty., P.O., P.T., counsel and VA Board of Elections ( Signed by Judge Leonie M. Brinkema ) (tsch) [Entry date 08/03/94] 8/29/94 32 MOTION by Lemuel Kinney for an Extension of Time w/in which to Report for execution of sentence (maho) [Entry date 08/30/94] 8/29/94 33 ORDER granting [32-1] motion by Lemuel Kinney for an Extension of Time w/in which to Report for execution of sentence & that the deft. is to Report to F.P.C. Eglin A.F.B. not later than 12 noon on 9-14-94 ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (maho) [Entry date 08/30/94] 9/20/94 34 Judgment Returned Executed as to Lemuel Kinney ; on 9-14-94 (tsch) [Entry date 09/21/94] 11/28/94 35 MOTION by Lemuel Kinney under 28 U.S.C. sec 2255 to Vacate, Set Aside or Correct Sentence by a person in Federal Custody (maho) [Entry date 12/01/94] Docket as of August 11, 1997 7:03 pm Page 12 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 11/30/94 36 AMENDMENT by Lemuel Kinney to Motion under 28 U.S.C. sec. 2255 to Vacate, Set Aside or Correct Sentence by a person in Federal Custody. (maho) [Entry date 12/01/94] 12/14/94 37 ORDER as to Lemuel Kinney, that the Petition be filed in forma pauperis & that the U.S. file an answer to the petition w/in 23 days of the date of this Order ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (maho) [Entry date 12/14/94] 12/19/94 38 AMENDMENT by Lemuel Kinney to deft.'s Motion under 28 USC sec. 2255 to vacate, set aside, or correct sentence by a person in Federal Custody. (maho) [Entry date 12/22/94] 12/21/94 39 MOTION by Lemuel Kinney pursuant to Federal Rules of Appellate Procedure Rule 9(b) "Release in Criminal Cases / Release pending Appeal from a Judgment of Conviction (maho) [Entry date 12/22/94] 12/23/94 40 MOTION by USA to Enlarge its Time to Respond to Deft.'s Petition pursuant to 28 U.S.C. sec. 2255 (maho) [Entry date 12/27/94] 12/23/94 41 THIRD & FINAL AMENDMENT by Lemuel Kinney to deft.'s Motion under 28 U.S.C. sec. 2255 to correct, set aside or vacate a sentence for a person in Federal Custody. (maho) [Entry date 12/27/94] 12/29/94 42 ORDER granting [40-1] Motion by USA to Enlarge its Time to Respond to Deft.'s Petition until 1/11/95 ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (maho) [Entry date 01/03/95] 12/30/94 -- Letter of 12/22/94 to LMB - filed by deft. pro se. (maho) [Entry date 01/03/95] 1/10/95 43 RESPONSE by USA to [35-1] Motion by Lemuel Kinney under 28 U.S.C.A. sec 2255 to Vacate, Set Aside or Correct Sentence by a person in Federal Custody tog. w/ attached Appendices in support of same. (maho) [Entry date 01/10/95] 1/17/95 44 AMENDED JUDGMENT: Lemuel Kinney (1) count(s) 11, 20 . 24 mo.'s B.O.P., 5 yrs. sup. rel.; amended 1-17-95 to reflect 3 yrs. of sup. rel. not 5 ( Signed by Judge Leonie M. Brinkema ) (tsch) [Entry date 02/01/95] Docket as of August 11, 1997 7:03 pm Page 13 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 1/17/95 45 ORDER in accordance w/ the MEMORANDUM OPINION that Petitioner's [35-1] Motion under 28 U.S.C. sec 2255 to Vacate, Set Aside or Correct Sentence by a person in Custody is Denied in all aspects except the one Request to correct the period of Supervised Release, which is Granted & that the J & C entered on 7/29/94 be corrected to read that the period of Supervised Release for each Count is three (3) years, not five years ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (maho) [Entry date 03/31/95] 1/17/95 46 MEMORANDUM OPINION as to Lemuel Kinney ( Signed by Judge Leonie M. Brinkema ) (maho) [Entry date 03/31/95] 1/24/95 47 NOTICE OF APPEAL of Order of 1/17/95 filed by Lemuel Kinney - received 1/31/95, filed 1/24/95 (date of mailing from Institution) (maho) [Entry date 03/31/95] [Edit date 03/31/95] 2/10/95 48 Amended Judgment Returned Executed as to Lemuel Kinney ; on 9-14-94 (tsch) [Entry date 02/13/95] [Edit date 03/31/95] 3/20/95 -- Notice of appeal and certified copy of docket as to Lemuel Kinney to USCA: [47-1] appeal of 1/17/95 Order. Copy of transmittal to USAO & deft. pro se. (maho) [Entry date 03/31/95] 3/28/95 49 PETITION by Lemuel Kinney for Disclosure of Grand Jury Proceedings (maho) [Entry date 05/09/95] 4/3/95 50 ORDER denying [49-1] Motion by Lemuel Kinney for Disclosure of Grand Jury Proceedings ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (maho) [Entry date 05/09/95] 5/9/95 -- RECORD transmitted to USCA in three volumes (bonn) [Entry date 05/09/95] 5/30/95 51 ORDER from USCA consolidating the two appeals in this matter as to Lemuel Kinney () Copies Mailed: (bonn) [Entry date 07/20/95] 6/5/95 52 ORDER from USCA that the court consolidates the two appeals in this matter as to Lemuel Kinney (bonn) [Entry date 07/20/95] 8/4/95 53 COPY of opinion of USCA, decided 08/02/95, affirming the decision of the USDC and denying the petition for writ of mandamus. (bonn) [Entry date 08/07/95] 8/28/95 54 LETTER from USCA, dated 08/21/95, stating that a timely petition for rehearing has been filed as to Lemuel Kinney (bonn) [Entry date 08/29/95] Docket as of August 11, 1997 7:03 pm Page 14 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 9/5/95 56 ORDER from USCA that the petition for rehearing and suggestion for rehearing en banc are deneid as to Lemuel Kinney (bonn) [Entry date 09/20/95] 9/13/95 55 CERTIFIED copy of JUDGMENT of USCA, together with opinion, decided 08/02/95, affirming the decision of the USDC and denying the petition for writ of mandamus. (bonn) [Entry date 09/14/95] 9/13/95 -- RECORD received in 3 volumes from USCA as to Lemuel Kinney (bonn) [Entry date 09/15/95] 12/6/95 57 MOTION by Lemuel Kinney under 28 U.S.C. :2255 to vacate, set aside or correct sentence by a person in Federal Custody tog. w/ attached Motion & Exhibits in support of same. (Civil Action 95-1697-AM) (maho) [Entry date 12/07/95] [Edit date 12/07/95] 12/6/95 58 AFFIDAVIT of bias or prejudice of Judge, pursuant to 28 USC :144 filed by Lemuel Kinney. (maho) [Entry date 12/07/95] 1/3/96 59 AMENDMENT by Lemuel Kinney to Motion under 28 USC :2255 to correct, set aside or vacate a sentence for a person in Federal custody. (maho) [Entry date 01/03/96] 3/5/96 60 MOTION by Lemuel Kinney to Expedite (maho) [Entry date 03/05/96] 3/27/96 61 MEMORANDUM OPINION - ent. & filed. ( Signed by Judge Leonie M. Brinkema ) Copies sent. (maho) [Entry date 03/27/96] 3/27/96 62 ORDER in accordance w/ the MEMORANDUM OPINION denying the deft.'s Motion for Recusal; Dismissing w/ Prejudice Petitioner's second [57-1] Motion under 28 U.S.C. :2255 to vacate, aside or correct sentence by a person in Federal Custody; these rulings render Moot Petitioner's [60-1] Motion to Expedite; written Notice of Appeal must be filed w/ the Clerk of this Court w/in 30 days - ent. & filed. ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (maho) [Entry date 03/27/96] 4/15/96 63 NOTICE OF APPEAL of order of 03/27/96 filed by Lemuel Kinney (bonn) [Entry date 04/23/96] 4/23/96 -- Notice of appeal and copy of docket entries and order of 03/27/96 to USCA. Copy of notice, docket entries and transmittal to all parties. (bonn) [Entry date 04/23/96] 4/23/96 -- RECORD on appeal transmitted to USCA in one volume. (bonn) [Entry date 04/23/96] 5/17/96 -- USCA Case Number as to Lemuel Kinney Re: [63-1] appeal USCA Number: 96-6666 Case Manager:Wilma Upshur (bonn) [Entry date 05/23/96] Docket as of August 11, 1997 7:03 pm Page 15 Proceedings include all events. 1:94cr57-ALL USA v. Kinney, et al CLOSED 8/7/96 -- SUPPLEMENTAL RECORD on appeal transmitted to USCA in 4 volumes. (bonn) [Entry date 08/07/96] 9/13/96 64 MOTION by Lemuel Kinney to Supplement the Record (maho) [Entry date 09/17/96] 9/18/96 -- Per Judge Brinkema, [64-1] Motion to Supplement the Record, along w/ attached pleadings, forwarded to USCA for Appellate purposes. (maho) [Entry date 09/18/96] 10/24/96 65 COPY of opinion of USCA, decided 10/22/96, affirming the conviction of the USDC. (bonn) [Entry date 10/30/96] 12/17/96 66 CERTIFIED copy of JUDGMENT of the USCA, together with opinion, decided 10/22/96, affirming the conviction of the district court. (bonn) [Entry date 12/31/96] 12/19/96 -- RECORD received from USCA in 5 volumes. (bonn) [Entry date 12/19/96] 1/10/97 67 LETTER from the USCA that a writ of certiorari has been filed as to Lemuel Kinney (bonn) [Entry date 01/21/97] 2/26/97 68 LETTER from the USCA that the Supreme Court has denied the writ of certiorari on 02/18/97 as to Lemuel Kinney (bonn) [Entry date 02/27/97] 8/4/97 69 MOTION by Lemuel Kinney for the Return of the deft.'s Passport (maho) [Entry date 08/11/97] 8/8/97 70 ORDER denying [69-1] Motion by Lemuel Kinney for the Return of the deft.'s Passport ( Signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (maho) [Entry date 08/11/97] [END OF DOCKET: 1:94cr57-0] X---------------------------------------------------------------------------X