|
|
|
|
Cryptome DVDs are offered by
Cryptome. Donate $25 for two DVDs of the
Cryptome 12-and-a-half-years collection of 47,000 files from June 1996
to January 2009 (~6.9 GB). Click Paypal or mail check/MO made out to
John Young, 251 West 89th Street, New York, NY 10024. The collection includes
all files of cryptome.org, cryptome.info, jya.com, cartome.org,
eyeball-series.org and iraq-kill-maim.org, and
23,100 (updated)
pages of counter-intelligence dossiers declassified by the US Army Information
and Security Command, dating from 1945 to 1985.The DVDs will be sent anywhere
worldwide without extra cost. |
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