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Yank Barry Case & Judge Lynn Hughes
Internal Administrator
Posted: Friday, August 12, 2011
Joined: 10/12/2010
Posts: 5780


Posted: 1/17/2005 9:04:45 PM

By: David Marchant

Below is the latest docket sheet for the criminal case against Bahamas-based conman Yank Barry and James Collins, a former prisons chief in Texas.

I post it here because, in my opinion, the actions of the Texas-based federal judge in this case - Lynn Hughes - are so bizarre as to be suspicious and worthy of an investigation.

In a nutshell, Barry and Collins were convicted of money laundering and bribery offenses on August 20, 2001 and immediately released pending sentencing, even though each faced prison terms of up to 20 years. Barry, who already had a prior criminal conviction in Canada for extortion, was even alllowed to return to live in the Bahamas.

Nearly three and a half years later, neither Barry nor Collins has been sentenced and Hughes just ignores motions from prosecutors asking for the defendants to be sentenced or re-tried (based on problems with the trial transcript).

This judge is either extremely negligent or corrupt. There really is no in-between. I have never come across a case like it before.


U.S. District Court Southern District of Texas (Houston)
CRIMINAL DOCKET FOR CASE #: 4:98-cr-00018-ALL

Case title: USA v. Collins, et al
Date Filed: 01/15/1998

--------------------------------------------------------------------------------
Assigned to: Judge Lynn N. Hughes

Defendant
James Anthum Collins (1)
[BOND: $100,000.00/5%]
also known as
Andy Collins represented by William Alfred White
Attorney at Law
608 W 12th
Austin, TX 78701
512-476-1494
Fax: 512-476-8050 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371.F Conspiracy MAX PENALTY: 5 yrs and/or $250,000
(1)
18:666A.F Bribery MAX PENALTY: 10 yrs and/or $250,000
(2-3)
18:1956-7100.F Money Laundering MAX PENALTY: 20 yrs and/or $500,000
(6-7)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
42:408.F Fraud MAX PENALTY: 5 yrs and/or $250,000
(8) Dismissed on Govt's Mtn

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

--------------------------------------------------------------------------------
Assigned to: Judge Lynn N. Hughes

Defendant
Yank Barry (2)
[BOND: $200,000.00/10%]
also known as
Gerald Falovitch
also known as
Gerald Barry
also known as
Yank Gerald Barry represented by Kent A Schaffer
Bires and Schaffer
712 Main St
31st Fl
Houston, TX 77002
713-228-8500
Fax: 713-228-0034 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Michael Wayne Ramsey
Attorney at Law
2120 Welch
Houston, TX 77007
713-523-7878
Fax: 713-523-7887 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371.F Conspiracy MAX PENALTY: 5 yrs and/or $250,000
(1)
18:666A.F Bribery MAX PENALTY: 10 yrs and/or $250,000
(4-5)
18:1956-7100.F Money Laundering MAX PENALTY: 20 yrs and/or $500,000
(6-7)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
42:408.F Fraud MAX PENALTY: 5 yrs and/or $250,000
(8) Dismissed on Govt's Mtn

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

--------------------------------------------------------------------------------

Interested Party
Josephine Lovoi represented by Josephine Lovoi
843 Aurora Dr
Metairie, La 70005
504-833-7590
PRO SE

--------------------------------------------------------------------------------

Interested Party
Patrick nmn Graham represented by Dan Lamar Cogdell
Cogdell & Goodling
402 Main Street
Ste 6 South
Houston, TX 77002
713-426-2244
Fax: 713-426-2255 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Sean Ryan Buckley
Habern O'Neil et al
4300 Scotland
Houston, TX 77007
713-865-5670
Fax: 713-865-5655 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

William Terrell Habern
Attorney at Law
PO Box 8930
Huntsville, TX 77340
936-594-2123
Fax: 936-435-1089
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

--------------------------------------------------------------------------------

Interested Party
Michael E Graham represented by Charles W Blau
Meadows Owens Collier Reed
901 Main
Ste 3700
Dallas, TX 75202
214-744-3700
Fax: 214-747-3732 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

--------------------------------------------------------------------------------

Interested Party
Milton Lambert represented by David Adler
Attorney at Law
6750 W Loop S
Ste 120
Bellaire, TX 77401
713-666-7576
Fax: 713-665-7070 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

--------------------------------------------------------------------------------

Interested Party
Lori Lero represented by David Adler
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

--------------------------------------------------------------------------------

Plaintiff
USA represented by Gary L Cobe
US Attorneys Office
PO Box 61129
Houston, TX 77208
713-567-9386
Fax: 713-718-3300 fax
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gerald Paul Doyle
US Attorneys Office
P O Box 61129
Houston, TX 77208-1129
713-567-9599
Fax: 713-718-3300 fax
Email: gerald.doyle@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Smith
US Attorneys Office
PO Box 61129
Houston, TX 77208
713-567-9341
Fax: 713-718-3387
TERMINATED: 03/11/1999
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

US Marshal - H
515 Rusk
10th Floor
Houston, TX 77002
713-718-4800
Fax: 713-718-4848
ATTORNEY TO BE NOTICED
Designation: Retained

US Pretrial Svcs - H
515 Rusk
6th Floor
Houston, TX 77002
713-250-5218
Fax: 713-250-5666
ATTORNEY TO BE NOTICED
Designation: Retained

US Probation - H
515 Rusk
2nd Floor
Houston, TX 77002
713-250-5266
Fax: INS_prob1
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed # Docket Text
01/15/1998 1 INDICTMENT as to James Anthum Collins (1) count(s) 1, 2-3, 6-7, 8, Yank Barry (2) count(s) 1, 4-5, 6-7, 8 , filed. (pgalvan) (Entered: 03/31/1998)
01/15/1998 2 AO 257 Information Sheet as to James Anthum Collins, Yank Barry , filed. (pgalvan) (Entered: 03/31/1998)
01/15/1998 3 ORDER for Issuance of Warrant as to Yank Barry ( Signed by Magistrate Judge Calvin Botley ), entered, (pgalvan) (Entered: 03/31/1998)
01/15/1998 WARRANT issued as to Yank Barry (pgalvan) (Entered: 03/31/1998)
01/15/1998 4 ORDER for Issuance of Summons as to James Anthum Collins ( Signed by Magistrate Judge Calvin Botley ), entered. (pgalvan) (Entered: 03/31/1998)
01/15/1998 5 MOTION by USA as to James Anthum Collins, Yank Barry to seal indictment , filed. (pgalvan) (Entered: 03/31/1998)
01/15/1998 6 ORDER as to James Anthum Collins, Yank Barry granting [5-1] motion to seal indictment as to James Anthum Collins (1), Yank Barry (2) ( Signed by Magistrate Judge Calvin Botley ), entered. Parties ntfd. (pgalvan) (Entered: 03/31/1998)
03/30/1998 7 MOTION by USA as to James Anthum Collins, Yank Barry to unseal indictment , filed. (pgalvan) (Entered: 03/31/1998)
03/30/1998 8 ORDER as to James Anthum Collins, Yank Barry granting [7-1] motion to unseal indictment as to James Anthum Collins (1), Yank Barry (2) ( Signed by Magistrate Judge Calvin Botley ), entered. Parties ntfd. (pgalvan) (Entered: 03/31/1998)
04/13/1998 9 SUMMONS Returned Executed as to James Anthum Collins on 4/9/98, filed. (cpeebles) (Entered: 04/14/1998)
04/13/1998 10 First Appearance as to James Anthum Collins held before Magistrate Judge Marcia A. Crone Ct Reporter: ERO (taped) (Defendant informed of rights), filed. Appearances: G. Doyle f/Govt, W. White f/Deft, for this appearance only. $100,000.00/5% bond set and executed. Deft released. (cpeebles) (Entered: 04/14/1998)
04/13/1998 11 5% BOND with Order Setting Conditions of Release entered by James Anthum Collins in amount of $100,000.00, w/$5,000.00 deposit, filed. ( Signed by Magistrate Judge Marcia A. Crone ) Bond Depositor: Andy Collins, 608 W. 12th St., Austin, TX. (cpeebles) (Entered: 04/14/1998)
04/13/1998 12 Arraignment as to James Anthum Collins held before Magistrate Judge Marcia A. Crone Ct Reporter: ERO (taped) Plea of Not Guilty: counts 1, 2-3, 6-7, 8 Appearances: G. Doyle f/Govt, W. White, f/arraignment only. Bond continued. (cpeebles) (Entered: 04/14/1998)
04/13/1998 13 SCHEDULING ORDER as to James Anthum Collins, setting Motion Filing deadline on 5/4/98; Motion Response deadline 5/14/98; Proposed Voir Dire and Jury Charges by 6/9/98; Pretrial Conference for 11:00 6/8/98; Jury Trial for 9:00 6/16/98 before Judge Lynn N. Hughes ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. ETT: 15 days Waiver of Speedy Trial? Yes (cpeebles) (Entered: 04/14/1998)
04/13/1998 14 WAIVER of Speedy Trial by James Anthum Collins, filed. (cpeebles) (Entered: 04/14/1998)
04/13/1998 15 Receipt for surrender of Passport as to James Anthum Collins Country: US, filed. (cpeebles) (Entered: 04/14/1998)
05/06/1998 16 MOTION by James Anthum Collins to continue , and to extend time to file pretrial motions , filed. (pgalvan) (Entered: 05/12/1998)
05/06/1998 17 NOTICE of Appearance for James Anthum Collins by Attorney William Alfred White , filed. (pgalvan) (Entered: 05/12/1998)
05/11/1998 18 MOTION by James Anthum Collins to amend conditions of pretrial release , filed. (cpeebles) (Entered: 05/12/1998)
05/15/1998 19 RESPONSE by USA as to James Anthum Collins re: [18-1] motion to amend conditions of pretrial release, [16-1] motion to continue, [16-2] motion to extend time to file pretrial motions , filed. (pgalvan) (Entered: 05/19/1998)
05/19/1998 20 ORDER granting [16-1] motion to continue, granting [16-2] motion to extend time to file pretrial motions as to James Anthum Collins (1) and resetting scheduling order deadlines: Motion Filing to 8/3/98; Motion Response by 8/14/98 ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (cpeebles) (Entered: 05/21/1998)
05/19/1998 21 ORDER granting [18-1] motion to amend conditions of pretrial release as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. The employment requirement is deleted from bond conditions. (cpeebles) (Entered: 05/21/1998)
06/15/1998 22 SCHEDULING ORDER as to James Anthum Collins setting Motion Filing deadline on 8/3/98; Motion Response deadline 8/14/98 Motion Hearing 10:00 8/31/98 for Proposed Voir Dire and Jury Charges by 9/9/98 Pretrial Conference for 10:00 9/14/98 ; Jury Trial for 9:00 9/15/98 before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. ETT: 10-15 days (pgalvan) (Entered: 06/15/1998)
06/25/1998 23 MOTION by James Anthum Collins to travel , filed. (cpeebles) (Entered: 06/25/1998)
07/06/1998 24 AMENDED MOTION by James Anthum Collins to travel referring to: [23-1] motion to travel, filed. (cpeebles) (Entered: 07/07/1998)
07/10/1998 25 ORDER granting [24-1] amended motion to travel as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (cpeebles) (Entered: 07/13/1998)
07/13/1998 26 Amended ORDER as to James Anthum Collins ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. The motion for travel is granted. (cpeebles) (Entered: 07/16/1998)
08/03/1998 27 MOTION by James Anthum Collins to continue , and to extend time to file pretrial motions , filed. (pgalvan) (Entered: 08/03/1998)
08/03/1998 28 SCHEDULING ORDER as to James Anthum Collins. On agreement of parties, the earlier docket control order is vacated and the case will proceed as follows, setting Motion Filing deadline on 1/18/99; Response deadline 2/1/99; Motion Hearing 1:30 2/22/99; Proposed Voir Dire and Jury Charges by 3/8/99 Pretrial Conference for 1:30 3/15/99 ; Jury Trial for 9:00 3/23/99 before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (pgalvan) (Entered: 08/03/1998)
09/02/1998 29 AMENDED MOTION by James Anthum Collins for travel , filed. (cpeebles) (Entered: 09/03/1998)
09/02/1998 30 ORDER granting [29-1] amended motion for travel as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. Deft may travel to Washington, DC from September 11 to September 16, 1998. (cpeebles) (Entered: 09/03/1998)
11/23/1998 31 MOTION by James Anthum Collins to Travel to Overland Park, Kansas, from 11/24 - 11/30/98 , filed. (pgalvan) (Entered: 11/25/1998)
11/24/1998 32 ORDER as to James Anthum Collins granting [31-1] motion to Travel to Overland Park, Kansas, from 11/24 - 11/30/98 ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (pgalvan) (Entered: 11/25/1998)
01/19/1999 33 MOTION and incorporated memorandum of law by James Anthum Collins to continue in order to be tried with co-defendant , filed. (cpeebles) (Entered: 01/21/1999)
01/19/1999 34 MOTION with memorandum of authorities by James Anthum Collins for discovery and inspection , filed. (cpeebles) (Entered: 01/21/1999)
01/19/1999 35 MOTION by James Anthum Collins to require disclosure of agreements between the Govt and Govt witnesses , filed. (cpeebles) (Entered: 01/21/1999)
01/19/1999 36 MOTION by James Anthum Collins for leave to file additional motions , filed. (cpeebles) (Entered: 01/21/1999)
01/19/1999 37 MOTION and incorporated memorandum of law by James Anthum Collins for pretrial disclosure of Rule 404(b) evidence , filed. (cpeebles) (Entered: 01/21/1999)
01/19/1999 38 MOTION and memorandum of law by James Anthum Collins to preserve notes , filed. (cpeebles) (Entered: 01/21/1999)
01/19/1999 39 MOTION by James Anthum Collins for disclosure of exculpatory evidence , filed. (cpeebles) (Entered: 01/21/1999)
02/01/1999 40 RESPONSE by USA as to James Anthum Collins re: [37-1] motion for pretrial disclosure of Rule 404(b) evidence, filed. (cpeebles) (Entered: 02/03/1999)
02/01/1999 41 RESPONSE by USA as to James Anthum Collins re: [35-1] motion to require disclosure of agreements between the Govt and Govt witnesses, filed. (cpeebles) (Entered: 02/03/1999)
02/01/1999 42 RESPONSE by USA as to James Anthum Collins re: [39-1] motion for disclosure of exculpatory evidence, filed. (cpeebles) (Entered: 02/03/1999)
02/01/1999 43 RESPONSE by USA as to James Anthum Collins re: [33-1] motion to continue in order to be tried with co-defendant, filed. (cpeebles) (Entered: 02/03/1999)
02/01/1999 44 RESPONSE by USA as to James Anthum Collins re: [34-1] motion for discovery and inspection, filed. (cpeebles) (Entered: 02/03/1999)
02/01/1999 45 RESPONSE by USA as to James Anthum Collins re: [38-1] motion to preserve notes, filed. (cpeebles) (Entered: 02/03/1999)
02/01/1999 46 MOTION by USA as to James Anthum Collins for reciprocal discovery , filed. (cpeebles) (Entered: 02/03/1999)
02/10/1999 49 Hearing as to Yank Barry held before Magistrate Judge Marcia A. Crone Ct Reporter: ERO (taped) Appearances: M. Ramsey f/Deft. $200,000.00/10% bond set. Deft did not appear today - only sureties re: bond. (cpeebles) (Entered: 02/19/1999)
02/11/1999 48 Receipt for surrender of Passport as to Yank Barry Country: Canada, filed. (pgalvan) (Entered: 02/19/1999)
02/11/1999 50 First Appearance as to Yank Barry held before Magistrate Judge Marcia A. Crone Ct Reporter: ERO (taped) (Defendant informed of rights), filed. Appearances: M. Harmon f/Govt, M. Ramsey f/Deft. $200,000.00/10% bond set and executed. (cpeebles) (Entered: 02/19/1999)
02/11/1999 51 10% BOND with Order Setting Conditions of Release entered by Yank Barry in amount of $200,000.00, w/$20,000.00 deposit, filed. ( Signed by Magistrate Judge Marcia A. Crone ) Bond Depositor: Mike Ramsey, 2120 Welch, Houston, TX 77019. (cpeebles) (Entered: 02/19/1999)
02/11/1999 52 Arraignment as to Yank Barry held before Magistrate Judge Marcia A. Crone Ct Reporter: ERO (taped) Plea of Not Guilty: counts 1, 4-5, 6-7, 8 Appearances: G. Cobe f/Govt, M. Ramsey f/Deft. Bond continued. (cpeebles) (Entered: 02/19/1999)
02/11/1999 53 SCHEDULING ORDER as to Yank Barry, setting Motion Filing deadline on 3/2/99; Motion Response deadline 3/12/99; Proposed Voir Dire and Jury Charges by 4/13/99; Pretrial Conference for 11:00 4/12/99; Jury Trial for 9:00 4/20/99 before Judge Lynn N. Hughes ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. ETT: 15 days Waiver of Speedy Trial? No (cpeebles) (Entered: 02/19/1999)
02/18/1999 47 NOTICE of Setting as to James Anthum Collins: motion hearing reset for 1:30 2/23/99 re: (39-1), (38-1), (37-1), (36-1), (35-1), (34-1), (33-1), (27-1), (27-2) before Judge Lynn N. Hughes , filed. Parties ntfd. (cpeebles) (Entered: 02/18/1999)
03/03/1999 54 AMENDED SCHEDULING ORDER as to James Anthum Collins, Yank Barry. Deft Barry has recently appeared in case. Motion Filing deadline is set on 4/5/99 ; Motion Response deadline 4/19/99 ; Motion Hearing 4:00 5/3/99; Proposed Voir Dire and Jury Charges by 5/17/99 ; Pretrial Conference for 4:00 5/24/99 ; Jury Trial for 9:00 5/25/99 before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. ETT: 15 days (pgalvan) (Entered: 03/04/1999)
03/11/1999 55 ORDER as to Yank Barry ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. It is ordered that deft's visa, which is attached to his passport, shall be immediately returned to Michael Ramsey or his agent. The passport shall remain in the custody of the Clerk until further order of this Court. (pgalvan) (Entered: 03/11/1999)
03/11/1999 56 Letter MOTION by Yank Barry for return of VISA , filed. (pgalvan) (Entered: 03/11/1999)
03/11/1999 57 NOTICE of Substitution of Counsel by USA as to James Anthum Collins, Yank Barry , filed. Gary Cobe will replace Richard Smith as AUSA. (pgalvan) (Entered: 03/12/1999)
03/31/1999 58 MOTION by Yank Barry (unopposed) to add surety , filed. (cpeebles) (Entered: 03/31/1999)
04/01/1999 59 ORDER as to Yank Barry, setting hearing on motion to add surety for 10:00 4/1/99 before Magistrate Judge Marcia A. Crone ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (cpeebles) (Entered: 04/02/1999)
04/01/1999 60 Hearing re: adding bond surety as to Yank Barry held before Magistrate Judge Marcia A. Crone Tape Number: 040199MAC1 Appearances: G. Cobe f/Govt, M. Ramsey f/Deft. Third surety signataure added per motion #58. (cpeebles) (Entered: 04/05/1999)
04/01/1999 61 MOTION by Yank Barry to dismiss , filed. (cpeebles) (Entered: 04/05/1999)
04/01/1999 62 NOTICE re: continuance and discovery and request for immediate pretrial conference by Yank Barry, filed. (cpeebles) (Entered: 04/05/1999)
04/16/1999 63 RESPONSE by USA as to Yank Barry re: [61-1] motion to dismiss, filed. (admin) (Entered: 04/19/1999)
05/28/1999 64 ORDER granting Motion to continue as to James Anthum Collins, Yank Barry. A period of excludable delay shall commence on 6/23/98. The case is unusual or complex that it is unreasonable to expect adequate preparation for pretrial proceedings or the trial itself within the time limits of the Speedy Trial Act. ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) Modified on 08/26/1999 (Entered: 05/28/1999)
05/28/1999 Excludable Delay Worksheet XT start 6/23/98 as to James Anthum Collins, Yank Barry , filed. (fmremp) Modified on 06/02/1999 (Entered: 05/28/1999)
06/02/1999 65 AGREED/JOINT MOTION by Yank Barry, USA to release sureties , filed. (fmremp) (Entered: 06/02/1999)
06/02/1999 66 ORDER granting [65-1] joint motion to release sureties as to Yank Barry (2). Messrs. Mark Colosi and Rex Judd are released from all obligations relating to the bail posted on deft Yank Berry. Dwayne Witzel's obligations relating to bail remain in full force and effect. ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (fmremp) (Entered: 06/04/1999)
06/21/1999 67 MOTION by Yank Barry to Travel to Bahamas 6/26/99 - 7/2/99 , filed. (pgalvan) (Entered: 06/21/1999)
06/21/1999 68 ORDER granting [67-1] motion to Travel to Bahamas 6/26/99 - 7/2/99 as to Yank Barry (2) ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (ckrus) (Entered: 06/22/1999)
08/26/1999 69 PREFERENTIAL SETTING AND PROTECTIVE ORDER as to James Anthum Collins, Yank Barry set Jury Trial for 9:00 1/25/00 Proposed Voir Dire by 1/18/00; Pretrial Conference for 4:00 1/24/00 ; Jury Trial ETT: 21 days; , set Motion hearing for 4:00 11/29/99 (ETT: 1 hr.) Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. The attorneys involved are Gary Cobe f/Govt and Bill White and Mike Ramsey f/defts. Cnsl shall not permit themselves to be called to any other court proceedings that will cause this trial to be delayed. (pgalvan) Modified on 08/27/1999 (Entered: 08/27/1999)
08/30/1999 70 MOTION by Yank Barry for extension of Travel Restrictions , filed. (ckrus) (Entered: 08/30/1999)
08/30/1999 71 ORDER granting [70-1] motion for extension of Travel Restrictions as to Yank Barry (2) ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (fmremp) (Entered: 08/31/1999)
09/07/1999 Mail returned undeliverable as to James Anthum Collins on [69-3] order forwarded to file. (fmremp) (Entered: 09/08/1999)
10/26/1999 72 UNOPPOSED MOTION by Yank Barry to extend time on travel restrictions , filed. (fmremp) (Entered: 10/26/1999)
10/26/1999 73 ORDER granting [72-1] motion to extend time on travel restrictions to include the Bahamas as wellas the Continental US and Canada as to Yank Barry (2) ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (fmremp) (Entered: 10/26/1999)
11/02/1999 74 NOTICE of deft Yank Barry of Adoption of co-deft James Collins' Motions , filed. (fmremp) (Entered: 11/02/1999)
11/08/1999 75 UNOPPOSED MOTION by Yank Barry for extension of travel restrictions , filed. (fmremp) (Entered: 11/09/1999)
11/08/1999 76 ORDER granting [75-1] motion for extension of travel restrictions as to Yank Barry (2). Deft may travel to Cancun, Mexico on 12/4/99 and return 12/11/99. ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (fmremp) Modified on 11/10/1999 (Entered: 11/10/1999)
11/18/1999 77 MOTION by Yank Barry for Rule 12(d) designation , filed. (pgalvan) (Entered: 11/19/1999)
11/18/1999 78 MEMORANDUM by Yank Barry in support of [77-1] motion for Rule 12(d) designation , filed. (pgalvan) (Entered: 11/19/1999)
11/29/1999 79 ORDER the govt will designate the evidence it plans to use at trial by 12/15/99 (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (ckrus) (Entered: 12/01/1999)
11/29/1999 80 MOTION by James Anthum Collins, Yank Barry to continue , filed. (ckrus) (Entered: 12/01/1999)
11/29/1999 81 ORDER following conference as to James Anthum Collins, Yank Barry. App. Cobe f/govt and White, Schaffer and Ramsey f/defts set status conference for 4:00 1/3/00 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes ( signed by Judge Lynn N. Hughes ) , entered. Parties notified. (ckrus) (Entered: 12/01/1999)
11/30/1999 82 ORDER as to James Anthum Collins, Yank Barry denying [80-1] motion to continue as to James Anthum Collins (1), Yank Barry (2), denying [61-1] motion to dismiss as to Yank Barry (2). by 12/15/99 govt must file a schedule of related cases including those in other jurisdiction. By 12/15/99 the govt must disclose deals that its agencies hae made re Collins and Barry. By 12/15/99 govt to disclose deals that it has made with Patrick or Michael Graham, including matters involving their spouses. The govt to file proposed jury instructions on bribery with this court on diskette. (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (ckrus) Modified on 12/02/1999 (Entered: 12/01/1999)
11/30/1999 83 SUPPLEMENTAL RESPONSE by USA as to James Anthum Collins, Yank Barry re: [37-1] motion for pretrial disclosure of Rule 404(b) evidence , filed. (ckrus) (Entered: 12/01/1999)
11/30/1999 84 SUPPLEMENTAL RESPONSE by USA as to James Anthum Collins, Yank Barry re: [46-1] motion for reciprocal discovery, [39-1] motion for disclosure of exculpatory evidence, [38-1] motion to preserve notes, [34-1] motion for discovery and inspection , filed. (ckrus) (Entered: 12/01/1999)
12/02/1999 85 AMENDED ORDER as to James Anthum Collins, Yank Barry. Barry's motion to dismiss is denied. Defts' request for continuance is denied without prejudice. Govt to file by 12/15/99 schedule of related cases. By 12/15/99 must disclose arrangements govt has made with Patrick and Michael Graham and their spouses. Govt will file proposed jury instructions on bribery on diskette. If paries want specialized jury instructions, they must submit them on diskette by 1/20/00 ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (ckrus) Modified on 12/06/1999 (Entered: 12/03/1999)
12/14/1999 86 ORDER as to James Anthum Collins ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. On his unopposed motion, Collins may travel to Overland Park, Kansas, from 12/22/99 until 12/28/99. (pgalvan) (Entered: 12/15/1999)
12/15/1999 87 Proposed Jury Instructions by USA as to James Anthum Collins, Yank Barry , filed. (ckrus) (Entered: 12/16/1999)
12/15/1999 88 RESPONSE by USA as to James Anthum Collins, Yank Barry to [85-1] order , filed. (ckrus) (Entered: 12/16/1999)
12/16/1999 89 Discovery NOTICE of by USA as to James Anthum Collins, Yank Barry , filed. (ckrus) (Entered: 12/16/1999)
12/21/1999 90 MOTION by Yank Barry for extension of Travel Restrictions , filed. (ckrus) (Entered: 12/21/1999)
12/21/1999 91 ORDER granting [90-1] motion for extension of Travel Restrictions as to Yank Barry (2) ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (ckrus) (Entered: 12/22/1999)
12/23/1999 Mail returned undeliverable as to James Anthum Collins on [86-1] order forwarded to file. New address per postal service: 4505 Destinys Gate Dr. Austin Tx 78727-2630. (ckrus) (Entered: 12/29/1999)
01/03/2000 92 ORDER following conference as to James Anthum Collins, Yank Barry ( signed by Judge Lynn N. Hughes ) , entered. Parties notified. G Cobe f/Govt Bill White (by phone) f/Collins. M Ramsey and K Schaffer f/Barry. Govt will file its list of primary witnesses by 1/12; Collins and Barry will file their list of primary witnesses by 1/21; Govt will not admit in its case in chief evidence of the quality of vita pro. If defense raises it, Govt will get equal time. (pgalvan) (Entered: 01/05/2000)
01/12/2000 93 Witness list by USA as to James Anthum Collins, Yank Barry , filed. (ckrus) (Entered: 01/13/2000)
01/18/2000 94 JOINT MOTION by James Anthum Collins, Yank Barry to continue and request for brief oral argument , filed. (pgalvan) (Entered: 01/19/2000)
01/19/2000 95 Proposed Voir Dire Questions by USA as to James Anthum Collins, Yank Barry , filed. (ckrus) (Entered: 01/20/2000)
01/19/2000 96 ORDER as to Defts James Anthum Collins and Yank Barry hearing set for 10:30 am on 2/7/00 for James Anthum Collins, for Yank Barry ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (ksanders) (Entered: 01/20/2000)
01/31/2000 97 RESPONSE by USA as to James Anthum Collins, Yank Barry in opposition to [94-1] joint motion to continue and request for brief oral argument , filed. (ckrus) (Entered: 02/02/2000)
02/07/2000 98 Hearing as to James Anthum Collins, Yank Barry held on Govt disclosure before Judge Lynn N. Hughes Ct Reporter: Warner. App. cobe f/govt and White, Ramsey and Schaeffer f/defts. Govt and deft will submit joint order for Graham deposition and IRS records 1990-present. (ckrus) (Entered: 02/08/2000)
02/10/2000 99 LETTER Regarding related litigation by Josephine Lovoi as to James Anthum Collins, Yank Barry , filed. (ckrus) (Entered: 02/15/2000)
02/16/2000 100 MOTION as to James Anthum Collins, Yank Barry to seal , filed. (fmremp) (Entered: 02/17/2000)
02/16/2000 101 LETTER from US Atty Eddie Jordan, Jr. regarding Mr. Letten and Agent Santini involved in trial in Louisiana, US v. Edwards, filed. (ckrus) (Entered: 02/18/2000)
02/16/2000 102 ORDER Patrick Graham and Michael Graham will be deposed on 2/22/00 10:00 515 Rusk rm 11722. Steve Irwin will be deposed as soon as practical as agreed by the partiers. The depositions of James Letten and Jeff Santini will be cont'd to 2 days after the conclusion of the US v Edwards trial. (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (ckrus) (Entered: 02/18/2000)
02/16/2000 103 ORDER the I.R.S. must produce all records, files and documents on Patrick Graham and Michael Graham from 1990 through the present (Signed by Judge Lynn N. Hughes), entered. Parties ntfd. (ckrus) (Entered: 02/18/2000)
02/24/2000 104 ORDER Patrick Graham's deposition will resume on 3/6/00 10:00. The deposition of Michael Graham will begin at the conclusion of Patrick Graham's. (Signed by Judge Kenneth M. Hoyt ), entered. Parties ntfd. (ckrus) (Entered: 02/24/2000)
03/01/2000 105 LETTER from Jim Letten to The Honorable William T Harmon regarding continuane of sentencing of Patrick Graham as to James Anthum Collins, Yank Barry , filed. (pgalvan) (Entered: 03/03/2000)
03/01/2000 107 ORDER denying [100-1] motion to seal the depositions of Michael Graham and Patrick Graham (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (ckrus) (Entered: 03/03/2000)
03/02/2000 106 ORDER Michael Graham and Patrick Graham will be deposed 3/28/00 at 9:00 Courtroom 11-C. If the Grahams desire to be represented by counsel, they must designate by 3/7/00 (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (ckrus) (Entered: 03/03/2000)
03/06/2000 108 LETTER regarding alleged illegal activity by Govt agents by Josephine Lovoi as to James Anthum Collins, Yank Barry , filed. (pgalvan) (Entered: 03/07/2000)
03/17/2000 109 MEMORANDUM by Josephine Lovoi to the Court filed in the Middle District of Louisiana (CA 00-110) attached as to James Anthum Collins, Yank Barry , filed. (pgalvan) Modified on 03/22/2000 (Entered: 03/22/2000)
03/22/2000 110 LETTER regarding information to Judge Hughes; i.e. copy of some correspondence past dated to Jim Letten by Josephine Lovoi as to James Anthum Collins, Yank Barry , filed. (ckrus) (Entered: 03/23/2000)
03/28/2000 111 MOTION by Patrick Graham to quash subpoena duces tecum as to Yank Barry, filed. (ckrus) (Entered: 03/30/2000)
03/28/2000 111 ORDER denying [111-1] motion to quash subpoena duces tecum as to Yank Barry (Signed by Judge Lynn N. Hughes), entered. Parties ntfd. (ckrus) (Entered: 03/30/2000)
03/29/2000 112 MOTION by Michael E Graham for reconsideration of order to depose movant as to James Anthum Collins, Yank Barry , filed. (ckrus) (Entered: 04/03/2000)
03/29/2000 112 ORDER denying movant Michael Graham's [112-1] motion for reconsideration of order to depose movant as to James Anthum Collins (1), Yank Barry (Signed by Judge Lynn N. Hughes), entered. Parties ntfd. (ckrus) (Entered: 04/03/2000)
04/10/2000 113 LETTER by Josephine Lovoi Re: Information relating to USA v Edwards & other related issues, filed. (fmremp) (Entered: 04/13/2000)
04/25/2000 114 NOTICE to the Court by USA as to James Anthum Collins, Yank Barry , filed. (pgalvan) (Entered: 04/26/2000)
04/25/2000 115 MOTION by Yank Barry to Travel to Grenada from 4/26-29/00 , filed. (ckrus) (Entered: 04/26/2000)
04/25/2000 116 MOTION by Yank Barry to Travel to Juarez Mexico from 5/8-9/00 , filed. (ckrus) (Entered: 04/26/2000)
05/02/2000 117 ORDER granting [116-1] motion to Travel to Juarez Mexico from 5/8-9/00 as to Yank Barry (2) ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (fmremp) (Entered: 05/04/2000)
05/02/2000 118 ORDER granting [115-1] motion to Travel to Grenada from 4/26-29/00 as to Yank Barry (2) ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (fmremp) (Entered: 05/04/2000)
05/03/2000 119 MOTION by James Anthum Collins to Travel to Orlando, Florida, from 6/6/00 until 6/14/00 , filed. (pgalvan) (Entered: 05/05/2000)
05/05/2000 120 ORDER granting [119-1] motion to Travel to Orlando, Florida, from 6/6/00 until 6/14/00 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (pgalvan) (Entered: 05/05/2000)
05/05/2000 121 MOTION by James Anthum Collins to Travel to Orlando, Florida , filed. (pgalvan) (Entered: 05/09/2000)
05/15/2000 122 MOTION by USA as to James Anthum Collins, Yank Barry SEALED MOTION , filed. (fmremp) (Entered: 05/15/2000)
05/15/2000 123 ORDER granting [122-1] motion SEALED MOTION as to James Anthum Collins (1), Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 05/15/2000)
05/17/2000 124 MOTION by Patrick nmn Graham, Michael E Graham in opposition to Govt's Ex Parte Motion to Provide income tax returns , for reconsideration of this court's order requiring the Internal Revenue Service to Produce the Grahams' tax returns & tax return information as to James Anthum Collins, Yank Barry , filed. (fmremp) Modified on 05/23/2000 (Entered: 05/19/2000)
06/07/2000 125 UNOPPOSED MOTION by Yank Barry (extension of travel restrictions) to Modify Conditions of Release , filed. (fmremp) (Entered: 06/07/2000)
06/07/2000 126 ORDER granting [125-1] motion (extension of travel restrictions) to Modify Conditions of Release as to Yank Barry (2) ( Signed by Magistrate Judge Marcia A. Crone ), entered. Parties ntfd. (fmremp) (Entered: 06/08/2000)
06/09/2000 128 ORDER FOR PRODUCITON TO THE COURT FOR IN CAMERA REVIEW OF RETURNS, RETURN INFORMATION & TAXPAYER RETURN INFORMATION as to James Anthum Collins, Yank Barry ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (pgalvan) Modified on 11/27/2001 (Entered: 07/06/2000)
06/21/2000 127 ORDER Designating Disclosure of Returns, Return Information, & Taxpayer Return Information ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 06/26/2000)
07/19/2000 129 SUPPLEMENTAL ORDER Designating Disclosure of Returns, Retrun Information & Taxpayer Return Information ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 07/20/2000)
07/21/2000 130 MOTION by James Anthum Collins to Travel , filed. (fmremp) (Entered: 07/21/2000)
07/28/2000 131 ORDER granting [130-1] motion to Travel from Las Vegas NV from 9/1/00 until 9/4/00 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 07/28/2000)
09/11/2000 132 ORDER Deposition hearing set for 9:00 9/18/00 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 09/12/2000)
09/11/2000 133 ORDER Govt's oral motion to quash the subpoena issued 9/6/00 is Denied. All records requested from the Federal Detention Center is that subpoena must be produced to defense counsel (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 09/12/2000)
09/13/2000 134 MOTION by Milton Lambert, Lori Lero to quash subpoenas as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 09/15/2000)
09/15/2000 135 AGREED MOTION by Michael E Graham to release Michael Patrick Graham from subpoena duces tecum as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 09/15/2000)
09/18/2000 136 ORDER denying [134-1] motion to quash subpoenas as to James Anthum Collins (1), Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 09/19/2000)
09/18/2000 137 ORDER granting [135-1] motion to release Michael Patrick Graham from subpoena duces tecum as to James Anthum Collins (1), Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 09/19/2000)
09/18/2000 140 CONFERENCE MEMORANDUM (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. App: M. Ramsey & K. Schaffer f/defts; D. Durham f/deponent M. Graham; G. Cobe f/USA; The deft. may question M. Graham about unexplained cash deposits. They must keep is short & simple. Michael Graham will answer questions, articulately, about his involvement w/the Coushatta tribe. Michael Graham will answer questions, articulately, about his involvement w/Coushatta tribe. M. Graham will answer general questions about transactions except f/those he is under state prosecution in the deal w/F. Rizk. Defense counsel will get a pattern of answers & move on. The subpoenas to M. Graham to produce the promissory notes are quashed f/notes arising out of the transaction w/F. Rizk f/which the state is prosecuting him; he will produce other notes. (fmremp) Modified on 10/23/2000 (Entered: 09/20/2000)
09/19/2000 138 MOTION by Yank Barry to Return of Canadian Passport , filed. (OPPOSED) (fmremp) (Entered: 09/19/2000)
09/19/2000 139 UNOPPOSED MOTION by Yank Barry to Amend Conditions of Release filed. (fmremp) (Entered: 09/19/2000)
09/21/2000 141 CONFERENCE MEMORANDUM (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. 1) The Federal Detention Center may ignore the subpoenas f/Patrick Grahams phone conversations & vistors logs. 2)The FDC must confirm its policy that it will not destroy the tapes sooner than 1yr. 3) The defts may ask Patrick Graham to identify criminal transactions & his involvement in them, but may only ask f/details an transaction involving Barry or Collins (fmremp) (Entered: 09/25/2000)
09/22/2000 142 ORDER granting [139-1] motion to Amend Conditions of Release as to Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. Deft. shall report to PT-Services once monthly. He should report on the day said by the PT-Services (fmremp) (Entered: 09/25/2000)
09/22/2000 143 ORDER granting [138-1] motion to Return of Canadian Passport as to Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 09/25/2000)
09/22/2000 144 ORDER following conference as to James Anthum Collins, Yank Barry ( signed by Judge Lynn N. Hughes ) , entered. Parties notified. G Cobe f/Govt M. Ramsey and K Schaffer f/Collins and Barry; D Cogdell f/P. Graham. Parties will work on stipulations; if they fail to agree, defts may depose Patrick Graham for an addl 2 hours and no more. Govt objection to the return of Yank Barry's passport is overruled. (pgalvan) (Entered: 09/26/2000)
09/25/2000 Mail returned undeliverable as to Yank Barry on [133-1] order, [132-1] relief Deposition hearing set for 9:00 9/18/00 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes, [132-2] order forwarded to file. (fmremp) (Entered: 09/26/2000)
09/26/2000 145 Receipt for return of Passport as to Yank Barry Country: Canada , filed. (fmremp) (Entered: 09/27/2000)
09/27/2000 146 CONFERENCE MEMORANDUM ORDER ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. 1) App: M. Ramsey & K. Schaffer f/fdeft; G. Cobe f/USA; R. Swofford-witness; The Govt. may wait until P. Graham has answered the questions before it stipulates. 2)The defts may depose an IRS agent after Sanhni's deposition; P. Graham's atty may not object during the deposition; he may assert privilege & request recesses. (fmremp) Modified on 10/02/2000 (Entered: 09/28/2000)
09/27/2000 147 SEALED DOCUMENT (Response by Chase Manhattan to defendant's subpoena - contents under seal), filed. (dkelly) (Entered: 10/06/2000)
10/05/2000 Mail returned undeliverable as to Yank Barry on [137-1] order forwarded to file. (fmremp) (Entered: 10/10/2000)
10/05/2000 Mail returned undeliverable as to Yank Barry on [140-1] order forwarded to file. (fmremp) (Entered: 10/10/2000)
10/05/2000 Mail returned undeliverable as to Yank Barry on [136-1] order forwarded to file. (fmremp) (Entered: 10/10/2000)
10/10/2000 Mail returned undeliverable as to Yank Barry on [143-1] order forwarded to file. (fmremp) (Entered: 10/11/2000)
10/10/2000 Mail returned undeliverable as to Yank Barry on [141-1] order forwarded to file. (fmremp) (Entered: 10/11/2000)
10/13/2000 Mail returned undeliverable as to Yank Barry on [142-1] order forwarded to file. (fmremp) (Entered: 10/13/2000)
10/16/2000 148 LETTER from aty Michael Ramsey RE: Michael Graham's answers during deposition. (dkelly) (Entered: 10/17/2000)
10/23/2000 149 ORDER as to James Anthum Collins and Yank Barry ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. The deposition of AUSA James Letten will be taken starting at 9:00 a.m. on 11/6/00, to be followed immediately by Steve Irwin's and Jeff Santini's. Cnsl f/witnesses and parties must appear 11/6/00 at 9:00 a.m. or be subject to contemp. (pgalvan) (Entered: 10/24/2000)
11/13/2000 150 MOTION by James Anthum Collins to Travel to Overland Park, Kansas on 11/22-27/00 , filed. (ckrus) (Entered: 11/15/2000)
11/20/2000 151 ORDER granting [150-1] motion to Travel to Las Vegas, NV, from 11/22-27/00 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) Modified on 02/13/2001 (Entered: 11/21/2000)
01/22/2001 152 NOTICE of Setting : reset pretrial conference for 4:30 2/6/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes , filed. Parties ntfd. (fmremp) (Entered: 01/22/2001)
02/06/2001 Mail returned undeliverable as to Yank Barry on [152-1] notice hearing reset pretrial conference for 4:30 2/6/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes, [152-2] notice hearing forwarded to file. (fmremp) (Entered: 02/07/2001)
02/06/2001 153 CONFERENCE MEMORANDUM ORDER Discuss trial dates reset Jury trial for 1:00 4/18/01 for James Anthum Collins & Yank Berry ETT: 3 weeks, before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. App: B. White (by telephone), M. Ramsey & K. Schaffer f/defts; G. Cobe & J. Frels f/USA; (fmremp) Modified on 02/12/2001 (Entered: 02/08/2001)
02/06/2001 Deadline updated, set Jury trial for 1:00 4/18/01 for Yank Barry before Judge Lynn N. Hughes (fmremp) (Entered: 02/12/2001)
03/22/2001 154 MOTION by Yank Barry to continue , filed. (fmremp) (Entered: 03/23/2001)
03/23/2001 155 ORDER granting [154-1] motion to continue reset pretrial conference for 11:00 6/4/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes , reset Jury trial for 9:00 6/19/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 03/26/2001)
04/26/2001 156 PETITION by USA for Writ of Habeas Corpus ad testificandum in case as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 04/27/2001)
04/26/2001 157 ORDER Granting Writ of Habeas Corpus ad testificandum as to James Collins & Y. Barry ( Signed by Magistrate Judge Frances H. Stacy ), entered. Parties ntfd. (fmremp) (Entered: 04/27/2001)
04/26/2001 WRIT of Habeas Corpus ad Testificandum issued for Patrick Graham on 4/27/01 @ 9:00 in case as to James Anthum Collins, Yank Barry . (fmremp) (Entered: 04/27/2001)
05/01/2001 158 NOTICE of Setting : set pretrial conference for 11:00 7/23/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes , filed. Parties ntfd. (fmremp) (Entered: 05/01/2001)
05/01/2001 159 NOTICE of Setting : set Jury trial for 9:00 7/31/01 for James Anthum Collins, for Yank Barry ETT: 3 weeks before Judge Lynn N. Hughes , filed. Parties ntfd. (fmremp) (Entered: 05/01/2001)
05/16/2001 Mail returned undeliverable as to Yank Barry on [158-1] notice hearing set pretrial conference for 11:00 7/23/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes, [158-2] notice hearing forwarded to file. (fmremp) (Entered: 05/18/2001)
05/22/2001 Mail returned undeliverable as to Yank Barry on [158-1] notice hearing set pretrial conference for 11:00 7/23/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes, [158-2] notice hearing forwarded to file. (fmremp) (Entered: 05/22/2001)
05/24/2001 Mail returned undeliverable as to Yank Barry on [159-1] notice hearing set Jury trial for 9:00 7/31/01 for James Anthum Collins, for Yank Barry ETT: 3 weeks before Judge Lynn N. Hughes, [159-2] notice hearing forwarded to file. (fmremp) (Entered: 05/25/2001)
05/29/2001 Mail returned undeliverable as to Yank Barry on [157-1] order forwarded to file. (fmremp) (Entered: 05/29/2001)
06/07/2001 160 MOTION by James Anthum Collins to Travel , filed. (fmremp) (Entered: 06/08/2001)
06/07/2001 161 ORDER granting [160-1] motion to Travel as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. Deft. may travel to Washington, DC from 6/16/01 until 6/23/01 (fmremp) (Entered: 06/08/2001)
07/10/2001 162 MOTION by James Anthum Collins to continue , filed. (fmremp) (Entered: 07/13/2001)
07/12/2001 163 ORDER granting [165-1] motion to continue reset Jury trial for 9:00 8/7/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 07/19/2001)
07/17/2001 164 AMENDED MOTION by James Anthum Collins to continue referring to: [162-1] motion to continue , filed. (fmremp) (Entered: 07/18/2001)
07/18/2001 165 MOTION by Yank Barry to continue , filed. (fmremp) (Entered: 07/19/2001)
07/18/2001 166 ORDER Deft. Y. Berry Motion to Cont. is DENIED ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 07/19/2001)
07/23/2001 167 CONFERENCE MEMORANDUM ORDER ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. The Govt. will evaluate its 404 b evidence. App: M. Ramsey & K. Schaefer f/deft Berry; B. White f/deft. Collins; G. Cobe f/USA; (fmremp) (Entered: 07/24/2001)
07/24/2001 168 Letter MOTION by Yank Barry for reconsideration of [166-1] order , filed. (fmremp) (Entered: 07/25/2001)
07/24/2001 169 ORDER denying [168-1] motion for reconsideration of [166-1] order as to Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) Modified on 08/02/2001 (Entered: 07/25/2001)
08/02/2001 170 EXPARTE MOTION by Patrick nmn Graham to seal as to James Anthum Collins, Yank Barry , filed. (pgalvan) (Entered: 08/03/2001)
08/02/2001 171 ORDER granting [170-1] motion to seal as to James Anthum Collins (1), Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 08/07/2001)
08/06/2001 Mail returned undeliverable as to Yank Barry on [166-1] order forwarded to file. (fmremp) (Entered: 08/07/2001)
08/06/2001 Mail returned undeliverable as to Yank Barry on [163-1] relief reset Jury trial for 9:00 8/7/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes forwarded to file. (fmremp) (Entered: 08/07/2001)
08/06/2001 172 MOTION by James Anthum Collins, Yank Barry to seal , filed. (fmremp) (Entered: 08/07/2001)
08/06/2001 172 MOTION by James Anthum Collins, Yank Barry SEALED , filed. (fmremp) (Entered: 08/07/2001)
08/06/2001 175 CONFERENCE MEMORANDUM ORDER ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. App: B. White f/deft Collins; M. Ramsey & K. Schaeffer f/deft. Berry; G. Cobe & J. Frels f/USA; 1)Parties will review exhibits & decide their objections. 2) The Canadian tax convictions will not be admitted. 3) Defense has 15 min. to grill Graham about his tax issues; the Govt. may call an IRS employee to explain; 4) The defense may ask Graham about the stories he told the Govt. 5) The Govt. Mtn in Limine to exclude the tapes is under advisement. 6) The Govt. will get Prejeans internal affairs file & give it to the defense immediately. 7) The Govt's request f/an alternate juror questioniarre is Denied. (fmremp) (Entered: 08/08/2001)
08/06/2001 182 SECOND SUPPLEMENTAL RESPONSE by USA to Deft's Motion f/PT Disclosure of 404(b) Evidence, filed. (fmremp) (Entered: 08/22/2001)
08/07/2001 173 EXPEDITED MOTION by Lori Lero to quash subpoena as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 08/08/2001)
08/07/2001 183 1st Day Jury trial as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes; Ct Reporter: J. Smith , filed. App: B. White f/deft. 1; M. Ramsey & K. Schaffer f/deft 2; G. Cobe, J. Frels f/USA; Deft. cont'd on bond. (fmremp) (Entered: 08/22/2001)
08/07/2001 184 Preliminary Jury instructions as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 08/22/2001)
08/07/2001 185 Witness list by USA as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 08/22/2001)
08/07/2001 186 Exhibit list by USA as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 08/22/2001)
08/07/2001 187 Witness list by James Anthum Collins , filed. (fmremp) (Entered: 08/22/2001)
08/07/2001 188 Witness list by James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 08/22/2001)
08/07/2001 189 ADDENDUM by Yank Barry to [188-1] witness list , filed. (fmremp) (Entered: 08/22/2001)
08/07/2001 190 Exhibit list by Yank Barry , filed. (fmremp) (Entered: 08/22/2001)
08/07/2001 191 Exhibit list by James Anthum Collins , filed. (fmremp) (Entered: 08/22/2001)
08/07/2001 224 Jury list as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 09/12/2001)
08/08/2001 174 FURTHER DEVELOPMENT OF DEFENSE POSITION RELATIVE TO THE ISSUE OF INTENT by James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 08/08/2001)
08/08/2001 192 2nd Day Jury trial as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes; Ct Reporter: J. Smith , filed. App: B. White f/deft 1; M. Ramsey & K. Schaffer f/deft 2; G. Cobe & J. Frels f/USA; Defts' cont'd on bond. The Govt. will print the dieticians notes & give them to the defts. (fmremp) (Entered: 08/22/2001)
08/09/2001 193 3rd Jury trial as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes Ct Reporter: J. Smith , filed. App: B. White f/deft 1; M. Ramsey & K. Schaeffer f/deft 2; G. Cobe & J. Frels f/USA; Defts' cont'd on bond. (fmremp) Modified on 08/22/2001 (Entered: 08/22/2001)
08/10/2001 176 ADDENDUM by Yank Barry to Provisional Witnesses List, filed. (fmremp) (Entered: 08/10/2001)
08/10/2001 194 4th Jury trial as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes; Ct Reporter: J. Smith , filed. App: B. White f/deft 1; M. Ramsey, K. Schaffer f/deft 2; G. Cobe, J. Frels f/USA; Govt. evidence presented. Defts' cont'd on bond. (fmremp) (Entered: 08/22/2001)
08/10/2001 Voir dire begun as to James Anthum Collins (1) count(s) 1, 2-3, 6-7, 8, Yank Barry (2) count(s) 1, 4-5, 6-7, 8 , filed. (fmremp) (Entered: 08/22/2001)
08/14/2001 195 5TH DAY Jury trial as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes; Ct Reporter: J. Smith , filed. App: B. White f/deft. 1; M. Ramsey, K. Schaffer f/deft 2; G. Cobe, J. Frels f/USA; Govt. evidence presented & Concluded. Defts' cont'd on bond. (fmremp) (Entered: 08/22/2001)
08/15/2001 Rec'd & Frwd Exhibit List to Case Manager by Yank Barry (fmremp) (Entered: 08/15/2001)
08/15/2001 Rec'd & Frwd to Case Manger Addendum to Provisional Witness List by Yank Barry (fmremp) (Entered: 08/15/2001)
08/15/2001 196 6th Day Jury trial as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes; Ct Reporter: J. Smith , filed. App: B. White f/deft 1; M. Ramsey, K Schaffer f/deft 2; G. Cobe & J. Frels f/USA; Deft. evidence presented. Defts' cont'd on bond. (fmremp) (Entered: 08/22/2001)
08/16/2001 197 7th Day Jury trial as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes; Ct Reporter: J. Smith , filed. App: B. White f/deft 1; M. Ramsey, K. Schaffer f/deft; Deft. evidence presented; Defts' cont'd on bond. eft 2; G. Cobe & J. Frels f/USA; Defts' (fmremp) (Entered: 08/22/2001)
08/17/2001 177 MOTION with Memorandum in Support by James Anthum Collins, Yank Barry to exclude evidence of uncharged criminal conduct , filed. (fmremp) (Entered: 08/20/2001)
08/17/2001 198 8th Day Jury trial as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes; Ct Reporter: J. Smith , filed. App: M. Ramsey, K. Schaffer f/deft; f/deft 2; B. White f/deft 1; G. Cobe, J. Frels f/USA; Defts' cont'd on bond. (fmremp) (Entered: 08/22/2001)
08/19/2001 180 OPINION ON ACQUITTAL ORDER ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. While the number used by Texas is customarily the employee's social security number, the card does not show it as any particular number. The card was issued by an executive over-ride of the standard procedure involving no representation to anyone that 233-03-0004 was issued to Yank Berry by the Social Security Administration. (fmremp) (Entered: 08/21/2001)
08/19/2001 181 ORDER OF ACQUITTAL ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. James Collins & Yank Berry are ACQUITTED of the Social Security Fraud Charge, Cnt-8 in the indictment. (fmremp) (Entered: 08/21/2001)
08/19/2001 DISMISSAL of Count(s) on Government Motion Counts Dismissed: James Anthum Collins (1) count(s) 8, Yank Barry (2) count(s) 8 (fmremp) (Entered: 08/21/2001)
08/20/2001 178 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Trial Hearing for dates of 8/10/01 before Judge Hughes , filed. ( Court Rptr: J. Smith) Excerpt: P. Graham, Direct Examination (CERTIFICATION OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript [Entry date 7/7/02]) (fmremp) Modified on 07/02/2002 (Entered: 08/21/2001)
08/20/2001 179 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Trial Hearing for dates of 8/10/01 before Judge Hughes , filed. ( Court Rptr: J. Smith) Excerpt: P. Graham, Cross Examination (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (fmremp) Modified on 07/02/2002 (Entered: 08/21/2001)
08/20/2001 199 9th Day Jury trial as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes; Ct Reporter: J. Smith , filed. App: B. White f/deft 1; Y. Barry f/deft 2; G. Cobe, J. Frels f/USA; Jury Delberating; Defts' oral motion to remain on bond pending sentencing-Granted. Defts' cont'd on bond. (fmremp) (Entered: 08/22/2001)
08/20/2001 200 Court's Instructions to the Jury as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 08/22/2001)
08/20/2001 201 SPECIAL INSTRUCTIONS as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 08/22/2001)
08/20/2001 202 Jury note # 1 filed as to James Anthum Collins, Yank Barry (fmremp) (Entered: 08/22/2001)
08/20/2001 203 ANSWER to Jury Note One as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 08/22/2001)
08/20/2001 204 Jury notes #2 filed as to James Anthum Collins, Yank Barry (fmremp) (Entered: 08/22/2001)
08/20/2001 205 Jury notes #3 filed as to James Anthum Collins, Yank Barry (fmremp) (Entered: 08/22/2001)
08/20/2001 206 Jury notes # 4 filed as to James Anthum Collins, Yank Barry (fmremp) (Entered: 08/22/2001)
08/20/2001 207 JURY VERDICT as to James Anthum Collins, Yank Barry Guilty: James Anthum Collins (1) count(s) 1, 2-3, 6-7, Yank Barry (2) count(s) 1, 4-5, 6-7 , filed. (fmremp) (Entered: 08/22/2001)
08/20/2001 209 ORDER for Disclosure of PSI , PSI completion by 10/2/01 , Objection to PSI due 10/16/01, Final PSI due 10/30/01, Sentencing set for 1:30 11/19/01 for Yank Barry before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 08/22/2001)
08/20/2001 210 RECEIPT for Withdrawal of Exhibits for USA as to James Anthum Collins , filed. (fmremp) (Entered: 08/22/2001)
08/20/2001 211 RECEIPT for Withdrawal of Exhibits for Yank Barry , filed. (fmremp) (Entered: 08/22/2001)
08/20/2001 215 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Trial (Excerpt: Andy Collins-direct examination) for dates of 8/15/01 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 08/27/2001)
08/20/2001 216 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Trial(Excerpt: Andy Collins-Cross examination, Yank Barry-Direct Examination) for dates of 8/16/01 before Judge Hughes , filed. ( Court Rptr: J. Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 08/27/2001)
08/20/2001 217 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Trial (Excerpt - Yank Barry-Direct Examination) for dates of 8/17/01 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 08/27/2001)
08/20/2001 Rec'd & Frwd to Case Manager Exhibitsby USA as to James Anthum Collins, Yank Barry (fmremp) (Entered: 09/05/2001)
08/20/2001 222 Exhibits by USA as to James Anthum Collins, Yank Barry , filed. (pjones) (Entered: 09/12/2001)
08/22/2001 208 ORDER for Disclosure of PSI , PSI completion by 10/2/01 , Objection to PSI due 10/16/01 , Final PSI due 10/30/01 , Sentencing set for 1:30 11/19/01 for James Anthum Collins before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 08/22/2001)
08/22/2001 212 MOTION by Yank Barry to enlarge time f/filing post verdict papers rule 29,33,34, ect. , filed. (fmremp) (Entered: 08/23/2001)
08/22/2001 213 ORDER granting [212-1] motion to enlarge time f/filing post verdict papers rule 29,33,34, ect. as to Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. Deadline f/filing post verdict papers is extended to 9/27/01 (fmremp) (Entered: 08/23/2001)
08/23/2001 214 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Trial Hearing for dates of 8/14/01 before Judge Hughes , filed. ( Court Rptr: J. Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (fmremp) Modified on 07/02/2002 (Entered: 08/23/2001)
08/24/2001 Mail returned undeliverable as to Yank Barry on [175-1] order forwarded to file. (fmremp) (Entered: 08/29/2001)
08/29/2001 218 MOTION by James Anthum Collins to Travel , filed. (fmremp) (Entered: 08/30/2001)
08/30/2001 219 ORDER granting [218-1] motion to Travel as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. Deft. may travel to Overland Park, Kansas from 8/31/01 to 9/4/01 (fmremp) (Entered: 08/30/2001)
08/31/2001 220 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Trial Hearing for dates of 8/8/01 before Judge Hughes , filed. ( Court Rptr: J. Smith) (Vol. II) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (First Amended Certificate of Correction by Chief Deputy Clerk, David J. Bradley, filed 7/8/02 and made a part of the original transcript. [Entry date 7/9/02] (fmremp) Modified on 07/09/2002 (Entered: 09/04/2001)
09/07/2001 238 MOTION by Yank Barry for Hearing on issues of jury misconduct , filed. (fmremp) (Entered: 11/20/2001)
09/10/2001 221 NOTICE set hearing for 9:00 9/25/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes , filed. Parties ntfd. (ckrus) (Entered: 09/10/2001)
09/10/2001 223 LETTER regarding Sentencing by Carl Davis as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 09/12/2001)
09/19/2001 225 MOTION by Yank Barry to extend time to file post verdict papers , filed. (pgalvan) (Entered: 09/19/2001)
09/20/2001 226 NOTICE of Setting : set hearing for 1:30 9/27/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes , filed. Parties ntfd. (fmremp) (Entered: 09/20/2001)
09/24/2001 227 ORDER granting [225-1] motion to extend time to file post verdict papers as to Yank Barry (2) deadline extended to 10/16/01 ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 09/25/2001)
09/26/2001 228 NOTICE of Setting : set Conf. for 4:00 10/1/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes , filed. Parties ntfd. (fmremp) (Entered: 09/26/2001)
09/28/2001 Mail returned undeliverable as to Yank Barry on [169-1] order forwarded to file. (fmremp) (Entered: 10/01/2001)
10/01/2001 229 CONFRERENCE MEMORANDUM ORDER ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. App: G. Cobe f/USA; B. White (by phone) f/deft Collins; M. Ramsey & K. Schaffer f/deft. Berry; Order to be entered. (fmremp) (Entered: 10/03/2001)
10/02/2001 Mail returned undeliverable as to Yank Barry on [226-2] notice hearing forwarded to file. (fmremp) (Entered: 10/03/2001)
10/05/2001 230 ORDER RESETTING SENTENCING , PSI completion by 11/16/01 , Sentencing set for 1:30 12/31/01 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ) , entered. Parties ntfd. (fmremp) (Entered: 10/09/2001)
10/10/2001 Mail returned undeliverable as to James Anthum Collins, Yank Barry on [227-1] order forwarded to file. (fmremp) (Entered: 10/11/2001)
10/12/2001 231 ORDER Deadline filing f/post-verdict papers is extended to 11/20/01 ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 10/15/2001)
10/12/2001 232 MOTION by James Anthum Collins, Yank Barry to extend time limits f/filing post verdict papers , filed. (fmremp) (Entered: 10/15/2001)
10/12/2001 Mail returned undeliverable as to Yank Barry on [227-1] order forwarded to file. (fmremp) (Entered: 10/15/2001)
10/18/2001 233 SEALED ORDER ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 10/18/2001)
10/18/2001 234 SEALED ORDER ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 10/18/2001)
10/18/2001 SEALED DOCUMENTS as to James Anthum Collins, Yank Barry , filed. (fmremp) (Entered: 10/18/2001)
10/22/2001 250 SUMMONS issued 10/18/01 Returned Executed as to Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/22/2001 248 SUMMONS issued 10/18/01 Returned Executed as to (J. Winfrey) Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/22/2001 249 SUMMONS issued 10/18/01 Returned Executed as to (L. Gurecky) Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/22/2001 250 SUMMONS issued 10/18/01 Returned Executed as to (C. Colton) Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/22/2001 251 SUMMONS issued 10/18/01 Returned Executed as to (J. Byler) Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/22/2001 252 SUMMONS issued 10/18/01 Returned Executed as to (D. Sony) Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/22/2001 253 SUMMONS issued 10/18/01 Returned Executed as to (D. Foyt) Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/22/2001 254 SUMMONS issued 10/18/01 Returned Executed as to (J. Brzozowski) Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/23/2001 239 RESPONSE by USA as to Yank Barry re: [238-1] motion for Hearing on issues of jury misconduct , filed. (fmremp) (Entered: 11/20/2001)
10/23/2001 240 Motion hearing held granting [238-1] motion for Hearing on issues of jury misconduct as to Yank Barry (2) before Judge Lynn N. Hughes Ct Reporter: F. Warner , filed. App: M. Ramsey & K. Schaffer f/deft; G. Cobe f/USA; The orders reassembling the jury are UNSEALED. (fmremp) (Entered: 11/20/2001)
10/30/2001 241 SUMMONS issued 10/18/01 Returned Executed as to (S. McBride) James Anthum Collins, Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/30/2001 242 SUMMONS issued 10/18/01 Returned Executed as to (W. Shoefstall) James Anthum Collins, Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/30/2001 243 SUMMONS issued 10/18/01 Returned Executed as to Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/30/2001 244 SUMMONS issued 10/18/01 Returned Executed as to Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/30/2001 245 SUMMONS issued 10/18/01 Returned Executed as to Yank Barry on 10/19/01 filed. (fmremp) (Entered: 11/20/2001)
10/30/2001 246 SUMMONS issued 10/18/01 Returned Executed as to Yank Barry on 10/22/01 filed. (fmremp) (Entered: 11/20/2001)
10/30/2001 247 SUMMONS issued 10/18/01 Returned Executed as to Yank Barry on 10/22/01 filed. (fmremp) (Entered: 11/20/2001)
11/02/2001 235 CONFERENCE MEMORANDUM ( Signed by Judge Lynn N. Hughes ), entered. Parties; App: M. Ramsey f/deft; G. Cobe f/USA; ntfd. Sherry Roberts examined. (fmremp) (Entered: 11/05/2001)
11/05/2001 236 MOTION by Yank Barry to extend time for filing post verdict papers , filed. (pgalvan) (Entered: 11/06/2001)
11/06/2001 237 ORDER as to James Anthum Collins and Yank Barry ` ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. The defendants have until 12/20/01 to file post-verdict papers. (pgalvan) (Entered: 11/07/2001)
11/27/2001 ORAL ORDER as to James Anthum Collins, Yank Barry unsealing #128 Order f/Production ( Entered by Judge Lynn N. Hughes ) (fmremp) (Entered: 11/27/2001)
11/27/2001 Tax Records of Michael & Patrick Graham submitted to the Court by the USA f/In Camera Review w/drawn by AUSA Gary Cobe as to James Anthum Collins, Yank Barry (fmremp) (Entered: 12/03/2001)
12/06/2001 256 MOTION by Yank Barry (unopposed) to extend deadline for filing objections to presentence investigation report , filed. (pjones) (Entered: 12/11/2001)
12/07/2001 255 ORDER as to James Collins, et al Defts have 2 weeks from the date they receivethe trial transcript to file their objections to the presentence investigation report (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (fmremp) (Entered: 12/10/2001)
12/11/2001 257 MOTION by James Anthum Collins, Yank Barry to extend time limits for filing post verdict papers , filed. (khightower) (Entered: 12/12/2001)
12/11/2001 258 ORDER granting [257-1] motion to extend time limits for filing post verdict papers as to James Anthum Collins (1), Yank Barry (2), granting [236-1] motion to extend time for filing post verdict papers as to Yank Barry (2), granting [232-1] motion to extend time limits f/filing post verdict papers as to James Anthum Collins (1), Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. Defts' have 28 days from the date they receive the trial transcript to file their post-verdict motions (fmremp) (Entered: 12/13/2001)
12/17/2001 259 NOTICE of Setting : set Sentencing for 1:30 1/2/02 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes , filed. Parties ntfd. (fmremp) (Entered: 12/17/2001)
12/17/2001 260 MOTION by James Anthum Collins to Travel to Overland Park, Kansas from 12/22/01 - 12/27/01 , filed. (pgalvan) (Entered: 12/20/2001)
12/19/2001 261 ORDER granting [260-1] motion to Travel to Overland Park, Kansas from 12/22/01 - 12/27/01 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (pgalvan) (Entered: 12/20/2001)
12/20/2001 263 LETTER by atty Michael Ramsey regarding extending sentencing date of 1/2/02, filed. (ckrus) (Entered: 12/27/2001)
12/21/2001 262 ORDER cancelling the sentencing 1/2/02 ( Signed by Judge Lynn N. Hughes), entered. Parties ntfd. (ckrus) (Entered: 12/27/2001)
12/28/2001 264 FINAL PRESENTENCE INVESTIGATION REPORT (Sealed) as to James Anthum Collins , filed. (pgalvan) (Entered: 12/28/2001)
12/28/2001 265 SEALED Confidential Sentencing Recommendation regarding James Anthum Collins to the Court, filed and placed in vault. (pgalvan) (Entered: 12/28/2001)
02/25/2002 266 MOTION by USA as to James Anthum Collins, Yank Barry to set Sentencing before Judge Lynn N. Hughes , filed. (lbrown) (Entered: 02/27/2002)
03/04/2002 267 RESPONSE by James Anthum Collins, Yank Barry to [266-1] motion to set Sentencing before Judge Lynn N. Hughes , filed. (lbrown) Modified on 03/07/2002 (Entered: 03/05/2002)
03/11/2002 268 Letter requesting to know cost of obtaining copy of the docket from Roger Hummel , filed. (lbrown) (Entered: 03/15/2002)
03/21/2002 269 ORDER granting [266-1] motion to set Sentencing before Judge Lynn N. Hughes as to James Anthum Collins (1), Yank Barry (2) set Sentencing for 1:30 4/26/02 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. Collins and Barry will file post-verdict mtns by 4/15/02. The Govt will respond by 4/25/02. (lbrown) (Entered: 03/22/2002)
03/27/2002 270 MOTION by James Anthum Collins to Travel to Tucson, AZ leaving 04/09/02 and returning 04/14/02 , filed. (khightower) (Entered: 03/27/2002)
04/02/2002 271 ORDER granting [270-1] motion to Travel to Tucson, AZ leaving 04/09/02 and returning 04/14/02 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (lbrown) (Entered: 04/03/2002)
04/05/2002 272 NOTICE of Setting : set conference deadline for 4:30 4/10/02 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes , filed. Parties ntfd. (lbrown) (Entered: 04/05/2002)
04/09/2002 273 LETTER from deft counsel Michael Ramsey for Yank Barry re preperation of transcript ordered from court reporter Jackie Smith , filed. (lbrown) (Entered: 04/11/2002)
04/10/2002 274 Pre-trial conference as to Yank Barry and James Collins held before Judge Lynn N. Hughes Ct Reporter: B. Slavin App: Gary Cobe AUSA, Mike Ramsey, Kent Schaffer for defts , filed. The Court will confer the clerk's office about the transcript and report to the parties by Friday. Deadlines are suspended until the transcript is filed. (lbrown) (Entered: 04/11/2002)
04/23/2002 275 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Jury Trial Hearing for dates of 8/7/01 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 04/24/2002)
04/23/2002 276 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Jury Trial Hearing for dates of 8/9/01 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 04/24/2002)
04/23/2002 277 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Jury Trial Hearing for dates of 8/10/01 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 04/24/2002)
04/23/2002 278 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Jury Trial Hearing for dates of 8/14/02 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 04/24/2002)
04/23/2002 279 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Jury Trial Hearing for dates of 8/15/01 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 04/24/2002)
04/23/2002 280 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Jury Trial Hearing for dates of 8/16/01 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 04/24/2002)
04/23/2002 281 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Jury Trial Hearing for dates of 8/17/01 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 04/24/2002)
04/23/2002 282 TRANSCRIPT filed in case as to James Anthum Collins, Yank Barry for Jury Trial Hearing for dates of 8/20/01 before Judge Hughes , filed. ( Court Rptr: J Smith) (CERTIFICATE OF CORRECTION by Chief Deputy Clerk, David J. Bradley, filed 6/27/02 and made a part of the original transcript. [Entry Date 7/2/02]) (pgalvan) Modified on 07/02/2002 (Entered: 04/24/2002)
04/24/2002 283 ORDER reset Sentencing for 2:00 6/7/02 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes , Collins and Barry will file post-verdict motions by 5/20/02. The Govt will respond by 5/30/02. ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (lbrown) (Entered: 04/25/2002)
05/13/2002 284 ORDER as to James Collins, Yank Barry. On Barry's unopposed oral request, reset Sentencing for 2:00 6/14/02 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. Collins and Barry will file post-verdict motions by May 28, 2002. The Govt will respond by May 7, 2002. (pgalvan) (Entered: 05/14/2002)
05/14/2002 285 AMENDED ORDER reset Sentencing for 2:00 6/14/02 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes, Collins and Barry will file post-verdict mtns by 5/28/02, the govt will respond by 6/7/02 ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (lbrown) (Entered: 05/15/2002)
05/23/2002 286 MOTION by Yank Barry for Evidentiary Hearing , filed. (lbrown) (Entered: 05/23/2002)
05/23/2002 287 ORDER granting [286-1] motion for Evidentiary Hearing as to Yank Barry (2) set hearing for 1:30 5/31/02 for James Anthum Collins, for Yank Barry before Judge Lynn N. Hughes ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. The schedule for filing post-trial motions is suspended. Jackie Smith will attend the hearing. (lbrown) (Entered: 05/24/2002)
05/31/2002 288 Motion Hearing on accuracy of trial transcripts as to James Anthum Collins, Yank Barry held before Judge Lynn N. Hughes Ct Reporter: B. Slavin App: Gay Cobe AUSA, Bill White, Mike Ramsey, Kent Schaffer and Michael Buffane for defts. Evidence presented on omissions from transcripts, list of relevant cases. Order to be entered. Defts 1 and 2 bond continued. The Court will present a plan to review the transcripts. Deft's exhibits 1,2 and 3 are attached. (lbrown) (Entered: 06/04/2002)
05/31/2002 289 ORDER ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. The Court will create a plan for internal review of the transcript by 6/14/02. The parties may comment on the plan thru 6/19/02. When the internal review is complete, the parties will have 30 days to analyze the review, their materials, and the finished transcript. (lbrown) (Entered: 06/05/2002)
06/20/2002 290 ORDER ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. The defts, James Collins and Yank Barry have thru 7/22/02 to move for post-trial relief on grounds other than the quality of the transcript, and the govt may respond thru 8/12/02. (lbrown) Modified on 06/26/2002 (Entered: 06/21/2002)
06/27/2002 291 REPORT ON THE ACCURACY AND COMPLETENESS OF TRANSCRIPT filed by Chief Deputy Clerk, David J. Bradley, with copies of Certificates of Correction attached. Noticed to Mr. Cobe, Mr. Ramsey and Mr. White, filed. [Entry Date 7/2/02] (lbrown) (Entered: 07/02/2002)
07/01/2002 Corrected transcript w/Certificate of Correction (document entry numbers 178,179,214,215,216,217,220,275,276,277, 278,279,280,281,282) forwarded to Mr. Cobe, Mr. Ramsey and Mr. White. [Entry 7/2/02] (lbrown) Modified on 07/03/2002 (Entered: 07/02/2002)
07/08/2002 292 First Amended Report on the Accuracy and Completeness of Transcript filed by Chief Deputy Clerk, David J. Bradley, with copy of Certificate of Corrections for Transcript Doc. #220, attached. Noticed to Mr. Cobe, Mr. Ramsey and Mr. White , filed. [Entry Date 7/9/02] (lbrown) (Entered: 07/09/2002)
07/09/2002 Corrected transcript w/First Amended Certificate of Correction (document 220, pgs. 144 thru 175) forwarded to Mr. Cobe, Mr. Ramsey and Mr. White. [Entry Date 7/9/02] (lbrown) Modified on 07/10/2002 (Entered: 07/09/2002)
07/09/2002 293 MOTION by James Anthum Collins, Yank Barry for telephone conference , filed. (lbrown) (Entered: 07/10/2002)
07/09/2002 294 ORDER denying [293-1] motion for telephone conference as mooot as to James Anthum Collins (1), Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (lbrown) (Entered: 07/10/2002)
07/09/2002 295 ORDER ( Signed by Judge Lynn N. Hughes ) The defts have thru 8/5/02, to move for post-trial relief on the quality of the transcript, and the govt may respond thru 8/26/02., entered. Parties ntfd. (lbrown) (Entered: 07/10/2002)
07/22/2002 296 MOTION by Yank Barry for Judgment of Acquittal , or for new trial , filed. (lbrown) (Entered: 07/23/2002)
07/22/2002 297 OBJECTION by Yank Barry to Presentence Investigation Report , filed. (lbrown) (Entered: 07/23/2002)
07/22/2002 298 MOTION by Yank Barry to clarify govt's deal w/Patrick Harold Graham , filed. (lbrown) (Entered: 07/23/2002)
07/22/2002 299 ORDER granting [298-1] motion to clarify govt's deal w/Patrick Harold Graham as to Yank Barry (2) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. The govt is again ordered to produce immediately all evidence of communications among itself, the Harris Co. District Atty's office, the state of TX and Patrick Graham. This includes the authorization for keeping him in federal custody. The govt will identify-by name, telephone number, job assignment and address-anyone who may have had non-memorialized conversations or contact w/Patrick Graham about his security arrangements, accommodations, or release during incarceration or sentencing. (lbrown) (Entered: 07/23/2002)
07/30/2002 300 OBJECTION by James Anthum Collins to Presentence Investigation Report , filed. (lbrown) (Entered: 07/31/2002)
07/30/2002 301 MOTION by James Anthum Collins to Adopt Post Trial Motions of Other Defendant , filed. (lbrown) (Entered: 07/31/2002)
07/30/2002 303 MOTION by James Anthum Collins, Yank Barry for Judgment of Acquittal , or for new trial , filed. (lbrown) (Entered: 08/06/2002)
08/05/2002 302 MOTION by Yank Barry for new trial , filed. (lbrown) (Entered: 08/05/2002)
08/12/2002 304 RESPONSE by USA as to James Anthum Collins, Yank Barry in opposition to [302-1] motion for new trial, [303-1] motion for Judgment of Acquittal, [303-2] motion for new trial , filed. (ckrus) (Entered: 08/13/2002)
08/14/2002 Parole file of P.H. Graham received from Texas, reviewed by LNH, and released to counsel for Barry. (lbrown) (Entered: 08/14/2002)
08/26/2002 305 RESPONSE by USA as to James Anthum Collins, Yank Barry re: [302-1] motion for new trial , filed. (lbrown) (Entered: 08/27/2002)
08/27/2002 306 REPLY by James Anthum Collins, Yank Barry to response to [302-1] motion for new trial , filed. (lbrown) (Entered: 08/28/2002)
09/06/2002 307 RESPONSE by USA as to Yank Barry to [306-1] pleading filed on 8/27/02 , filed. (pgalvan) (Entered: 09/09/2002)
10/22/2002 308 MOTION by James Anthum Collins to Travel to Fort Wainwright, Alaska from 11/01/02 to 11/5/02 , filed. (lbrown) (Entered: 10/24/2002)
10/23/2002 309 ORDER granting [308-1] motion to Travel to Fort Wainwright, Alaska from 11/01/02 to 11/5/02 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (lbrown) (Entered: 10/24/2002)
11/20/2002 310 MOTION by James Anthum Collins to Travel to Overland Park, Kansan from 11/26/02 to 11/30/02 , filed. (Original only filed, forwarded to casemanager 11/21/02,lcb) (lbrown) (Entered: 11/21/2002)
11/22/2002 311 ORDER granting [310-1] motion to Travel to Overland Park, Kansan from 11/26/02 to 11/30/02 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (lbrown) (Entered: 11/25/2002)
12/19/2002 312 SEALED DOCUMENT of Govt, filed. Document returned to govt per order signed 1/15/03 instr #315. (lbrown) Modified on 01/17/2003 (Entered: 12/20/2002)
12/23/2002 313 MOTION by James Anthum Collins to Travel to San Juan, Puerto Rico from 1/8/03 to 1/14/03 , filed. (lbrown) (Entered: 12/31/2002)
12/30/2002 314 ORDER granting [313-1] motion to Travel to San Juan, Puerto Rico from 1/8/03 to 1/14/03 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (lbrown) (Entered: 12/31/2002)
01/15/2003 315 ORDER the clerk will withdraw the documents from his records and return them to the govt by 10:00 on 1/15/03, (Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (ckrus) (Entered: 01/17/2003)
01/27/2003 Mail returned undeliverable as to Yank Barry on [315-1] order forwarded to file. (lbrown) (Entered: 01/29/2003)
06/17/2003 316 MOTION by James Anthum Collins to Travel to Santa Fe, New Mexico on 06/21/03 and return 06/30/03 , filed. (khightower) (Entered: 06/23/2003)
08/05/2003 317 MOTION by James Anthum Collins to Travel to Carlsbad, New Mexico 8/12/03-8/16/03 , filed. (svaught) (Entered: 08/07/2003)
08/08/2003 318 ORDER granting [317-1] motion to Travel to Carlsbad, New Mexico 8/12/03-8/16/03 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (lbrown) (Entered: 08/11/2003)
10/10/2003 319 MOTION by USA as to James Anthum Collins, Yank Barry to sentence , filed. (svaught) (Entered: 10/15/2003)
12/10/2003 320 MOTION by James Anthum Collins to Travel to Angel Fire, New Mexico from 12/20/03 - 12/28/03 , filed. (svaught) (Entered: 12/15/2003)
12/16/2003 321 ORDER granting [320-1] motion to Travel to Angel Fire, New Mexico from 12/20/03 - 12/28/03 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (svaught) (Entered: 12/19/2003)
05/05/2004 322 MOTION by USA as to James Anthum Collins, Yank Barry to sentence , filed. (ctaylor) (Entered: 05/06/2004)
05/11/2004 323 U. S. PRETRIAL SERVICES AGENCY MEMORANDUM as to Yank Barry ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. Court does concur with pretrial recommendation. (svaught) (Entered: 05/17/2004)
05/14/2004 324 MOTION by James Anthum Collins to Travel to Lake Buena Vista, Florida from 5/29/04 - 6/2/04, and Seattle, Washington from 6/18/04 to 6/24/04 , filed. (svaught) (Entered: 05/19/2004)
05/24/2004 325 ORDER granting [324-1] motion to Travel to Lake Buena Vista, Florida from 5/29/04 - 6/2/04, and Seattle, Washington from 6/18/04 to 6/24/04 as to James Anthum Collins (1) ( Signed by Judge Lynn N. Hughes ), entered. Parties ntfd. (svaught) (Entered: 05/25/2004)
07/30/2004 326 MOTION by USA as to James Anthum Collins, Yank Barry to expedite ruling on defendants post-trial motion for judgment of acquittal and alternative motion for new trial , filed. (ctaylor) (Entered: 08/03/2004)
11/19/2004 327 ORDER granting travel to Las Vegas, NV on 11/21/2004 through 11/23/2004 as to James Anthum Collins ( Signed by Judge Lynn N. Hughes ). Parties notified. (fwilliams) (Entered: 11/22/2004)
11/23/2004 328 MOTION to Travel by James Anthum Collins, filed. (Attachments: # 1 Proposed Order)(svaught, ) (Entered: 12/02/2004)
12/16/2004 329 RESPONSE to Motio to Modify Condition of Bond by USA as to James Anthum Collins , filed. (Attachments: # 1 Proposed Order)(ncavazos, ) (Entered: 12/17/2004)
12/17/2004 330 MOTION to Modify conditions of bond by James Anthum Collins, filed. (Attachments: # 1 Proposed Order)(ncavazos, ) (Entered: 12/21/2004)
12/30/2004 331 ORDER granting 330 Motion to Modify as to James Anthum Collins (1).(Signed by Judge Lynn N. Hughes). Parties notified.(mwells, ) (Entered: 12/30/2004)
01/03/2005 332 MAIL RETURNED UNDELIVERABLE forwarded to file as to James Anthum Collins , filed. (psmith, ) (Entered: 01/05/2005)


Anonymous
Posted: Friday, August 12, 2011

Posted: 2/1/2005 8:29:21 PM

By: Offshore Informant


David,

Indeed quite perplexing, saw it mentioned before, and stopped again to read your post about it, at KYC News.

We both recall the U.S. District Court for the Northern Marianna Islands involving a man named Michael T. Wilson - where he was seen providing crucial participation in the prosecution of his co-defendants by providing documentary evidence and his testimony - and released 'post-conviction' for the purposes of conducting a "restitution" effort, which appeared to be more like another scam [he put a number of oil leases owned by himself through his company, Alco Oil & Gas, on the block and arranged a sale with Branson Energy Texas Inc. that soured a good portion of investors on one hand while paying off the restitution on the other] and yet oddly was accepted by the government as "restitution" for the Palau-based Bank of Saipan ($5,800,000) and one of its depositors, Michelle Hom ($209,980).

Wilson, arrested in Plano, Texas on April 26, 2002 pled guilty on May 17, 2002.

Wilson's charges carry a total maximum sentence of 30-years imprisonment, 12-years' supervised release, a maximum fine of more than $1-million, and mandatory special assessment fee of $100. The prosecution said Wilson was facing a sentencing range of 121 to 151-months imprisonment, however he was released post-conviction, but for only 120-days 'originally. Of course, one thing led to another, postponing his date with a Texas federal prison.

Can't say the government was anymore pleased about it in the Montgomery, Aldan, Berkich, Wilson case than it has been in the Barry-Collins case. No-doubt, the government is seen bucking at the reigns but for far longer as you indicated in your post.

Here's Wilson in 2004:

http://www.sec.gov/litigation/complaints/comp18450.htm

http://www.sec.gov/litigation/litreleases/lr18450.htm

Another odd case was with defendant Joseph C. Bonanno, Jr. several years ago in California that saw an extensive period of post-conviction release on 'appeal' to the Ninth Circuit.

I will grant you though, for a 'federal' case, even high-profile cases, do not see the post-conviction release period of time as in the Barry-Collins case occur. Unless the Judge has some issue in adopting/accepting the U.S. Probation Department Pre-Sentence Report, which may have slipped between the filing cabinets? Either that, or someone is waiting around for something more than the defendant's remorse, but isn't revealing it.

While you're leaning toward censuring (or, worse) a federal judge it certainly wouldn't be the first time a federal judge had problems like Judge Harry Claiborne did in Las Vegas, Nevada.

OI


Anonymous
Posted: Friday, August 12, 2011

Posted: 1/18/2005 2:20:34 PM

By: yank berry

Yank has been seen around the Atlantis with his side kick Jay Gotlieb.They have some sort of recovery room down there.


 

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