Case details

Court: alnd
Docket #: 3:12-cr-00183
Case Name: USA v. McCutcheon
PACER case #: 142901
Date filed: 2012-05-02
Date terminated: 2013-04-23
Assigned to: Judge Virginia Emerson Hopkins
Referred to: Magistrate Judge John H England, III

Parties

Represented Party Attorney & Contact Info
Diana K. McCutcheon
Defendant (1)
TERMINATED: 04/23/2013		 
Robert B Tuten
TUTEN LAW OFFICES
223 East Side Square
Huntsville, AL 35801
256-536-6009
Fax: 256-536-2501
Email: federalct@tutenlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-05-02 1 0 INDICTMENT Please file all subsequent documents using the criminal case number assigned to this indictment. as to Diana K. McCutcheon (1) count(s) 1-27, 28-54, 55-75, 76-96. (Attachments: # 1 signed sealed indictment) (SMH2, ) (Entered: 05/04/2012) 2016-09-14 20:33:55 af560dbdb68f88bb2163d64949d9ac125f147b02
1 1 *Restricted*
2012-05-04 2 0 NOTICE OF HEARING as to Diana K. McCutcheon Arraignment set for 5/17/2012 09:30 AM in Hugo L Black US Courthouse, Birmingham, AL before Magistrate-Judge Robert R Armstrong. cm dft (SMH2, ) (Entered: 05/04/2012)
2012-05-07 3 0 NOTICE OF ATTORNEY APPEARANCE: Robert B Tuten appearing for Diana K. McCutcheon (Tuten, Robert) (Entered: 05/07/2012)
2012-05-08 4 0 SCHEDULING ORDER AND NOTICE as to Diana K. McCutcheon Signed by Magistrate-Judge Robert R Armstrong on 5/8/12(CJV) (Entered: 05/08/2012)
2012-05-08 5 0 STANDING ORDER as to Diana K. McCutcheon Signed by Magistrate-Judge Robert R Armstrong on 5/8/12(CJV) (Entered: 05/08/2012)
2012-05-16 6 0 Unsecured Bond Entered (SEALED)as to Diana K. McCutcheon in amount of $25,000 with acknowledgment of order setting conditions of release attached (SHB, ) (SHB, ). (Entered: 05/16/2012)
2012-05-16 7 0 RESPONSE to by USA as to Diana K. McCutcheon (Penfield, Russell) (Entered: 05/16/2012)
2012-05-17 8 0 MOTION for Extension of Time and Motion to Designate Case as Complex by Diana K. McCutcheon. (Tuten, Robert) (Entered: 05/17/2012)
2012-05-17 9 0 WAIVER of Speedy Trial by Diana K. McCutcheon (Tuten, Robert) (Entered: 05/17/2012)
2012-05-23 10 0 RESPONSE to by USA as to Diana K. McCutcheon re 8 , 9 (Penfield, Russell) (Entered: 05/23/2012)
2012-05-30 11 0 ORDER DECLARING CASE COMPLEX as to Diana K. McCutcheon; The parties are ORDERED to suggest new deadlines no later than June 11, 2012.. Signed by Magistrate-Judge Robert R Armstrong on 5/30/2012. (HBB, ) (Entered: 05/30/2012)
2012-06-11 12 0 MOTION Joint Motion Suggesting Pretrial Motion and Trial Schedule by USA as to Diana K. McCutcheon. (Penfield, Russell) (Entered: 06/11/2012)
2012-06-12 13 0 ORDER as to Diana K. McCutcheon GRANTING IN PART 12 MOTION Joint Motion Suggesting Pretrial Motion and Trial Schedule filed by USA. Pretrial Conference is set for 11/26/12 in Florence, Alabama. The time will be set at a later date. Jury Trial is RESET for 12/3/2012 09:00 AM in John McKinley Federal Building, Florence, AL before Judge Inge P Johnson.. Signed by Judge Inge P Johnson on 6/12/12. (SMH2, ) (Entered: 06/12/2012)
2012-07-06 14 0 MOTION to Dismiss Indictment by Diana K. McCutcheon. (Tuten, Robert) (Entered: 07/06/2012)
2012-07-12 15 0 AMENDED SCHEDULING ORDER and NOTICE that certain deadlines and instructions apply as set out as to Diana K. McCutcheon. Signed by Magistrate-Judge Robert R Armstrong on 7/12/2012. (SLF, ) (Entered: 07/12/2012)
2012-07-12 16 0 AMENDED STANDING DISCOVERY ORDER with instructions and deadlines set out as to Diana K. McCutcheon. Signed by Magistrate-Judge Robert R Armstrong on 7/12/2012. (SLF, ) (Entered: 07/12/2012)
2012-07-13 17 0 MOTION for Protective Order by USA as to Diana K. McCutcheon. (Attachments: # 1 Attachment 1)(Penfield, Russell) (Entered: 07/13/2012)
2012-07-13 18 0 RESPONSE (Further Response to Discovery Request) to by USA as to Diana K. McCutcheon (Penfield, Russell) (Entered: 07/13/2012)
2012-08-20 19 0 NOTICE of Possible Alibi Defense by Diana K. McCutcheon (Tuten, Robert) (Entered: 08/20/2012)
2012-09-07 20 0 RESPONSE to Motion by USA as to Diana K. McCutcheon re 14 MOTION to Dismiss Indictment (Penfield, Russell) (Entered: 09/07/2012)
2012-09-26 21 0 REPORT AND RECOMMENDATIONS as to Diana K. McCutcheon re 14 MOTION to Dismiss Indictment. Signed by Magistrate-Judge Robert R Armstrong on 9/2612. (SMH2, ) (Entered: 09/26/2012)
2012-10-19 22 0 ORDER adopting Report and Recommendations re 21 Report and Recommendations as to Diana K. McCutcheon (1); DENYING 14 Motion to Dismiss as to Diana K. McCutcheon (1). Signed by Judge Inge P Johnson on 10/18/2012. (HBB, ) (Entered: 10/19/2012)
2012-11-06 23 0 NOTICE OF HEARING as to Diana K. McCutcheon PRETRIAL CONFERENCE set for 11/26/2012 10:00 AM in John McKinley Federal Building, Florence, AL before Judge Inge P Johnson. JURY TRIAL SET 12/3/2012 9:00 AM FLORENCE, AL before Judge Inge P. Johnson(TLM, ) (Entered: 11/06/2012)
2012-11-19 24 0 NOTICE of Intent to Introduce Evidence Pursuant to Fed.R.Evid. 902(11) by Diana K. McCutcheon (Penfield, Russell) (Entered: 11/19/2012)
2012-11-23 25 0 NOTICE OF ATTORNEY APPEARANCE Ramona C Albin appearing for USA. (Albin, Ramona) (Entered: 11/23/2012)
2012-11-26 26 0 MOTION to Seal Document by USA as to Diana K. McCutcheon. (Penfield, Russell) (Entered: 11/26/2012)
2012-11-27 27 0 NOTICE /Stipulations by Diana K. McCutcheon (Penfield, Russell) (Entered: 11/27/2012)
2012-11-27 28 0 ORDER as to Diana K. McCutcheon GRANTING 26 MOTION to Seal Document filed by USA. Signed by Judge Inge P Johnson on 11/27/2012. (HBB, ) (Entered: 11/27/2012)
2012-11-27 29 0 Sealed Document (HBB, ) (Entered: 11/27/2012)
2012-11-27 30 0 NOTICE OF HEARING as to Diana K. McCutcheon Jury Trial set for 12/3/2012 09:00 AM in John McKinley Federal Building, Florence, AL before Judge Inge P Johnson. (TLM, ) (Entered: 11/27/2012)
2012-11-28 31 0 GUILTY PLEA ADVICE OF RIGHTS CERTIFICATION by Diana K. McCutcheon (TLM, ) (Entered: 12/11/2012)
2012-11-28 32 0 PLEA AGREEMENT as to Diana K. McCutcheon (TLM, ) (Entered: 12/11/2012)
2012-12-11 33 0 NOTICE OF HEARING as to Diana K. McCutcheon Sentencing set for 3/11/2013 01:00 PM in John McKinley Federal Building, Florence, AL before Judge Inge P Johnson. (TLM, ) (Entered: 12/11/2012)
2013-02-01 34 0 MOTION to Continue Sentencing Hearing by USA as to Diana K. McCutcheon. (Penfield, Russell) (Entered: 02/01/2013)
2013-02-04 35 0 ORDER as to Diana K. McCutcheon GRANTING 34 MOTION to Continue Sentencing Hearing filed by USA, Sentencing previously set for 3/11/2013 is RESET for 4/8/2013 01:30 PM in John McKinley Federal Building, Florence, AL before Judge Inge P Johnson.. Signed by Judge Inge P Johnson on 2/4/2013. (HBB, ) (Entered: 02/04/2013)
2013-03-18 36 0 First MOTION to Continue 3:12-CR-00183-IPJ-RRA by Diana K. McCutcheon. (Tuten, Robert) (Entered: 03/18/2013)
2013-03-18 37 0 ORDER as to Diana K. McCutcheon, GRANTING 36 First MOTION to Continue 3:12-CR-00183-IPJ-RRA filed by Diana K. McCutcheon. Sentencing previously set for 4/8/2013 is RESET for 4/22/2013 01:30 PM in John McKinley Federal Building, Florence, AL before Judge Inge P Johnson.. Signed by Judge Inge P Johnson on 3/18/13. (SMH2, ) (Entered: 03/18/2013)
2013-04-02 38 0 NOTICE OF ATTORNEY APPEARANCE Davis A Barlow appearing for USA. (Barlow, Davis) (Entered: 04/02/2013)
2013-04-02 39 0 MOTION for Forfeiture of Property by USA as to Diana K. McCutcheon. (Attachments: # 1 Text of Proposed Order)(Barlow, Davis) (Entered: 04/02/2013)
2013-04-03 40 0 FINAL ORDER OF FORFEITURE as to Diana K. McCutcheon; the dft shall forfeit the sum of $990,389.00 to the USA as set out. Signed by Senior Judge Inge P Johnson on 4/3/2013. (DWC, ) ccm USM, AUSA D Barlow (Entered: 04/03/2013)
2013-04-16 41 0 First MOTION to Reduce Sentence exhibit B to be mailed due to size by Diana K. McCutcheon. (Attachments: # 1 Exhibit Exhibit A)(Tuten, Robert) (Entered: 04/16/2013)
2013-04-19 42 0 SENTENCING MEMORANDUM by USA as to Diana K. McCutcheon (Penfield, Russell) (Entered: 04/19/2013)
2013-04-23 43 0 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Diana K. McCutcheon filed with USP. (SMH2, ) (Entered: 04/23/2013)
2013-04-23 44 0 Sentencing Recommendations (Sealed) as to Diana K. McCutcheon filed with USP. (SMH2, ) (Entered: 04/23/2013)
2013-04-23 45 0 JUDGMENT as to Diana K. McCutcheon (1), Count(s) 1-3, 28-30, 32-54, 55-63, 6-27, 66-75, 76-85, 87-96, Dismissed on USA Motion; Count(s) 31, 4-5, 64-65, 86, CBP 12 mos. and 1 day; SRT 36 mos.; NO FINE; Restition due; Forfeiture Ordered; AF $600.00. Signed by Senior Judge Inge P Johnson on 4/22/13. cm USA-FLU, financial. (SMH2, ) (Additional attachment(s) added on 4/23/2013: # 1 sealed SOR) (SMH2, ). (Entered: 04/23/2013)
2013-05-09 46 0 ORDER as to Diana K. McCutcheon: Defendant shall surrender at the designated institution of the Bureau of Prisons on June 15, 2013, at 9:00 a.m.. Signed by Senior Judge Inge P Johnson on 5/9/13. (SMH2, ) (Entered: 05/09/2013)
2013-06-04 47 0 ORDER that dft Diana K. McCutcheon to report to institution on 6/14/2013, instead of 6/15/2013.. Signed by Senior Judge Inge P Johnson on 6/4/2013. (DWC, ) (Entered: 06/04/2013)
2014-04-14 48 0 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action CV-14-J-8017-NW.) by Diana K. McCutcheon. (ASL) (Entered: 04/17/2014)
2014-06-03 49 0 Transcript of Proceedings as to Diana K. McCutcheon held on 11/28/12 (plea hearing), before Judge Inge P. Johnson. Court Reporter/Transcriber Cheryl K. Powell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf See Transcript Redaction Policy) Redaction Request due 6/24/2014. Redacted Transcript Deadline set for 7/7/2014. Release of Transcript Restriction set for 9/2/2014. (26 pgs.)(SMH2, ) (Entered: 06/04/2014)
2014-07-09 50 0 Transcript of Proceedings as to Diana K. McCutcheon held on 4/22/2013 Sentencing Hearing, before Judge Johnson. Court Reporter/Transcriber L. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf See Transcript Redaction Policy) Redaction Request due 7/30/2014. Redacted Transcript Deadline set for 8/11/2014. Release of Transcript Restriction set for 10/7/2014. (30 pages)(HBB, ) (Entered: 07/09/2014)
2015-04-23 51 0 MOTION for return of dft's US passport filed by dft Diana K. McCutcheon (pro se). (Attachments: # 1 Letter)(DWC, ) (Entered: 04/28/2015)
2015-05-05 52 0 ORDER GRANTING 51 Motion for the return of Dft's passport as to Diana K. McCutcheon (1). Signed by Senior Judge Inge P Johnson on 5/5/2015. (HBB, ) Modified on 5/5/2015 to cm dft (HBB, ). (Entered: 05/05/2015)
2015-09-11 53 0 MOTION (request) to allow dft to trave to Israel on a mission trip filed by USP as to dft Diana K. McCutcheon. (DWC, ) (Entered: 09/11/2015)
2015-09-11 54 0 TEXT ORDER as to dft Diana K McCutcheon, 53 Motion (request) to allow dft to travel to Israel for a mission trip is approved. Signed by Magistrate Judge John H England, III on 9/11/2015. (DWC, ) (Entered: 09/11/2015)