Case details

Court: kyed
Docket #: 2:05-cr-00084
Case Name: USA v. Whicker
PACER case #: 47413
Date filed: 2005-11-09
Date terminated: 2006-11-02
Assigned to: Judge William O. Bertelsman

Parties

Represented Party Attorney & Contact Info
Kenneth Phillip Whicker
Defendant (1)
TERMINATED: 11/02/2006
Dean A. Pisacano
Hellings & Pisacano, P.S.C. 214 E. Fourth Street Covington, KY 41011 859-431-7202 Fax: 859-431-2194 Email: deanpisacano@fuse.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-11-09 1 0 INDICTMENT as to Kenneth Phillip Whicker (1) counts 1-6; COUNT 7 IS A FORFEITURE COUNT AND NOT COUNTED STATISTICALLY. (Attachments: # 1 Criminal Case Assignment Sheet) (LSG) (Entered: 11/09/2005)
2005-11-09 2 0 MOTION for BENCH Warrant by USA as to Kenneth Phillip Whicker. (LSG) (Entered: 11/09/2005)
2005-11-09 3 0 CJA 23 Financial Affidavit executed by Kenneth Phillip Whicker (KRS) (Entered: 11/09/2005)
2005-11-09 4 0 MINUTE ENTRY FOR ARRAIGNMENT as to Kenneth Phillip Whicker (1) Count 1-6 held on 11/9/2005, Attorney Dean A. Pisacano for Kenneth Phillip Whicker as CJA; before Judge J. Gregory Wehrman; Detention Hearing set for 11/10/2005 at 03:30 PM in Covington before J. Gregory Wehrman; Pretrial Conference set for 1/6/2006 10:00 AM in Covington before William O. Bertelsman; Jury Trial set for 1/17/2006 10:00 AM in Covington before William O. Bertelsman; copy of indictment given to defendant; def waives formal arraignment and reading of the Indictment; def pleads NOT GUILTY to the indictment; def remanded to the custody of othe U.S. Marshal.(COURT REPORTER: LISA WIESMAN) (LSG)cc: COR, USM, USP (Entered: 11/09/2005)
2005-11-10 5 0 ORDER OF TEMPORARY DETENTION PENDING HEARING PURSUANT TO BAIL REFORM ACT as to Kenneth Phillip Whicker. Detention hearing set for 11/10/05 at 3:30 p.m.. Signed by Judge J. Gregory Wehrman. (TED)cc: COR, USM, USP (Entered: 11/10/2005)
2005-11-10 6 0 DISCOVERY ORDER as to Kenneth Phillip Whicker Jury Trial set for 1/17/2006 10:00 AM in Covington before William O. Bertelsman. Pretrial Conference set for 1/6/2006 10:00 AM in Covington before William O. Bertelsman.. Signed by Judge J. Gregory Wehrman. (TED)cc: COR, USM, USP (Entered: 11/10/2005)
2005-11-10 7 0 Sealed Warrant Returned Executed on 11/9/2005 in case as to Kenneth Phillip Whicker (LSG) Modified on 11/14/2005 (Greiwe, Linda). (Entered: 11/14/2005)
2005-11-09 8 0 ORDER as to Kenneth Phillip Whicker granting 2 MOTION for BENCH Warrant by USA. Signed by Judge David L. Bunning. (LSG)cc: COR, USM, USP (Entered: 11/14/2005)
2005-11-10 9 0 ORDER Setting Conditions of Release as to Kenneth Phillip Whicker (1) $10,000.00 Own Recognizance. Signed by Judge J. Gregory Wehrman. (LSG)cc: COR, USM, USP (Entered: 11/14/2005)
2005-11-10 10 0 Own Recognizance Bond Entered as to Kenneth Phillip Whicker in amount of $ $10,000.00. (LSG) (Entered: 11/14/2005)
2005-11-10 11 0 MINUTE ENTRY FOR DETENTION HEARING as to Kenneth Phillip Whicker held on 11/10/2005, Bond set as to Kenneth Phillip Whicker (1) $10,000.00 unsecured with terms and conditions per separate Order Setting Conditions of Release before Judge J. Gregory Wehrman : (COURT REPORTER: LISA WIESMAN) (KRS)cc: COR, USM, USP (Entered: 11/14/2005)
2005-11-22 12 0 TRANSCRIPT of Official Proceedings consisting of 7 pages, as to Kenneth Phillip Whicker: Arraignment held on 11/9/2005 before Judge David L. Bunning. Court Reporter: Lisa Wiesman. (LSG) (Entered: 11/22/2005)
2005-12-23 13 0 PRETRIAL MEMORANDUM with proposed jury instructions by USA (Bracke, Anthony) (Entered: 12/23/2005)
2006-01-03 14 0 ORDER as to Kenneth Phillip Whicker; Pretrial Conference is reset for 1/9/2006 at 01:30 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP (Entered: 01/03/2006)
2006-01-04 15 0 MOTION for Rearraignment as to Kenneth Phillip Whicker. (Attachments: # 1 Proposed Order)(Pisacano, Dean) (Entered: 01/04/2006)
2006-01-05 16 0 ORDER as to Kenneth Phillip Whicker, Sustaing 15 MOTION for Rearraignment filed by Kenneth Phillip Whicker; Rearraignment set for 1/9/2006 01:30 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP (Entered: 01/05/2006)
2006-01-09 17 0 MINUTE ENTRY FOR REARRAIGNMENT as to Kenneth Phillip Whicker held on 1/9/2006 before Judge William O. Bertelsman; Def formally rearraigned and advised of rights; def pleads GUILTY to counts 1 and 7 (which is a forfeiture count); Written Plea Agreement; Court orders PSR; def to remain on bond; Sentencing set for 5/12/2006 10:00 AM in Covington before William O. Bertelsman. (COURT REPORTER: JOAN AVERDICK) (LSG)cc: COR, USM, USP (Entered: 01/09/2006)
2006-01-10 18 0 SENTENCING ORDER as to Kenneth Phillip Whicker; Sentencing set for 5/12/2006 10:00 AM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP (Entered: 01/10/2006)
2006-01-09 19 0 TENDERED PLEA AGREEMENT as to Kenneth Phillip Whicker cc: COR, USP (LSG) (Entered: 01/12/2006)
2006-04-26 20 0 ORDER as to Kenneth Phillip Whicker; Sentencing is reset for 5/26/2006 at 10:45 AM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP (Entered: 04/26/2006)
2006-05-24 21 0 MOTION to Continue as to Kenneth Phillip Whicker. (Attachments: # 1)(Pisacano, Dean) (Entered: 05/24/2006)
2006-05-25 22 0 ORDER as to Kenneth Phillip Whicker; Sentencing is reset for 7/7/2006 10:00 AM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP (Entered: 05/25/2006)
2006-07-06 23 0 SENTENCING MEMORANDUM by Kenneth Phillip Whicker (Pisacano, Dean) (Entered: 07/06/2006)
2006-07-06 24 0 SENTENCING MEMORANDUM by USA as to Kenneth Phillip Whicker (Bracke, Anthony) (Entered: 07/06/2006)
2006-07-07 25 0 CONSENT DECREE OF FORFEITURE for Computer Equipment by USA as to Kenneth Phillip Whicker. (LSG) (Entered: 07/11/2006)
2006-07-10 26 0 ORDER; Sentencing hearing called on 7/7/2006; Court having heard from counsel for both parties and being advised that a hearing is necessary before sentencing, Orders that: 1) Counsel for both parties to file briefs by 7/18/2006; 2) Evidentiary Hearing is set for 8/10/2006 at 10:00am in Covington before Judge William O. Bertelsman; 3) Def to remain on bond and on previous conditions of release. (COURT REPORTER: CONNIE G. OELKER of Tri County Reporting) (LSG)cc: COR, USM, USP (Entered: 07/11/2006)
2006-07-11 27 0 PRELIMINARY JUDGMENT OF FORFEITURE as to Kenneth Phillip Whicker. The following property is condemned and forfeited to the USA. 1) Gateway CPU, model LP Mini-Tower, serial #0009611667, 2) Gateway monitor, model 500-069CS, serial #15009A477834, 3) Gateway keyboard, Gateway P/N 7000598, 4) Altec Lansing computer speakers, FMW 0012277, 5) Fellowes mouse 99937, serial #0139416 and 6) All assocated cords, software, peripherals, and visual depcitions involving the use of minors engaging in sexually explicit conduct seized from the def that are contained on the computer. USM to seize forfeited proerty and dispose of it in accordance with the law. The US is authorized to conduct appropriate discovery and to conduct any necessary ancillary proceedings as to the rights of third parties who may have an interest in the property forfeited herein. The Clerk deliver copies of this Order to all counsel of record and United States Probation. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP (Entered: 07/12/2006)
2006-07-17 28 0 SENTENCING MEMORANDUM by USA as to Kenneth Phillip Whicker (Bracke, Anthony) (Entered: 07/17/2006)
2006-07-18 29 0 SENTENCING MEMORANDUM by Kenneth Phillip Whicker (Pisacano, Dean) (Entered: 07/18/2006)
2006-08-11 30 0 MINUTE ENTRY (ORDER) FOR EVIDENTIARY HEARING as to Kenneth Phillip Whicker held on 8/11/2006 before Judge William O. Bertelsman; 1) Counsel for pla to furnish supplemental information as to reports obtained on the contents of the computer and AOL accounts of the def to the USPO and counsel for def. USPO to file a supplemental PSR, if deemend necessary. 2) Sentencing set for 10/31/2006 at 01:00 PM in Covington before William O. Bertelsman. (COURT REPORTER: LISA WIESMAN) (LSG)cc: COR, USM, USP (Entered: 08/11/2006)
2006-08-10 31 0 EXHIBIT AND WITNESS LIST by Kenneth Phillip Whicker (LSG) (Entered: 08/11/2006)
2006-09-01 32 0 ORDER as to Kenneth Phillip Whicker; Substitute Court Reporter, Tri-County Court reporting to transcribe 7/7/2006 hearing in an expedited manner and cause same to be filed in the record, nunc pro tunc w/the cost to be borne by the Court. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP, Finance-Lex (electronically and paper copy w/copy of Invoice), Tri-County Reporting (Entered: 09/05/2006)
2006-10-05 33 0 Process Receipt and Return by USA as to Kenneth Phillip Whicker (Attachments: # 1 Certified Mail Receipt)(LSG) (Entered: 10/10/2006)
2006-10-12 34 0 ORDER as to Kenneth Phillip Whicker. Court Reporter, Connie Oelker (Tri-County Court Reporting & Videotape service) ordered to transcribe hearing re 26 Sentencing on an expedited basis. Due to the exigencies of the case, said court reporter to deliver a rough draft to Chambers of undersigned and not file same in the record. It is further ordered, said transcript having been prepared and delivered, the Clerk issue payment for it at expedited rates. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP, Lex-Finance, Tri-County Court Reporting (Connie Oelker) via fax. (Entered: 10/12/2006)
2006-10-31 35 0 NOTICE OF PUBLICATION (Attachments: # 1 Affidavit of Publication# 2 Publication)(LSG)cc: Attested copies to USA and USM (Entered: 11/01/2006)
2006-10-31 36 0 CERTIFICATE OF OFFICIAL COURT REPORTER audiotape for Rearraignment 1/9/2006 (Joan Averdick) and sentencing 10/31/2006 (Lisa Wiesman) before Judge William O. Bertelsman (original audiotape placed in vault) (LSG) (Entered: 11/01/2006)
2006-10-31 37 0 MINUTE ENTRY FOR SENTENCING as to Kenneth Phillip Whicker held on 10/31/2006 before Judge William O. Bertelsman; No objections to PSR; Written Plea Agreement accepted and filed of record; Judgment to be entered; Def to remain on bond and on conditions of release. (COURT REPORTER: LISA WIESMAN) (LSG)cc: COR, USM, USP (Entered: 11/01/2006)
2006-10-31 38 0 SEALED PSR Rule 32(C) info as to Kenneth Phillip Whicker (LSG) (Entered: 11/01/2006)
2006-10-31 39 0 SEALED PRESENTENCE INVESTIGATION REPORT as to Kenneth Phillip Whicker (LSG) (Entered: 11/01/2006)
2006-11-01 40 0 Plea Agreement Accepted as to Kenneth Phillip Whicker cc: COR,USP (LSG) (Entered: 11/02/2006)
2006-11-02 41 0 JUDGMENT UPON PLEA OF GUILTY as to Kenneth Phillip Whicker, Count 1, SIXTY (60) MONTHS IMPRISONMENT. Court recommends FMC Lexington, Lexington, Kentucky, def to self-surrender 2/1/2007. SUPERVISED RELEASE FOR LIFE. Drug testing condition is suspended, Def not to possess a firearm. SEX OFFENDER CONDTIONS: 1)Def to part. in a program for treatment of mental health/sexual disorders and undergo a sex offender risk assessment, psychosexual evaluation as needed, at the discretion of USPO; 2)Def not to consume any alcoholic beverages; 3)Def's residence and employment to be pre-approved by USPO; 4)Def not to frequent, volunteer or work at places where children under the age of 18 congregate unless approved by USPO, and shall have no contact w/victims; 5)Def not to associate w/any person under the age of 18 w/out permission of USPO; 6)Def not to possess or use a device capable of creating pictures or video; 7)def not to rent or use a P.O. box or storage facility; 8)Def to register as a sex offender; 9)Def not to possess or use a computer or any device w/access to any on-line computer service, w/out written approval of USPO; 10)Def to consent to USPO conducting unannounced examinations of his computer and internal/external storage devices; 11)Def to provide the USPO w/accurate info about his computer system, all passwords and will abide by all rules of the Computer Restriction; 12)Def to submit his person, residence, office, vehicle or any property to search by USPO; 13)Def to provide USPO w/access to any requested financial info. DEF TO FORFEIT FOLLOWING PROPERTY: Gateway CPU, Mini-Tower, Serial #0009611667; Gateway Monitor, model-500-069CS, serial #15009A477834; Gateway Keyboard, Gateway P/N 7000598; Altec Lansing computer speakers, FMW 0012277; Fellowes mouse 99937, serial #0139416; all associated cords, software, peripherals and visual depictions involving the use of minors engaging in sexually explicit conduct which were seized from def, and which are contained on the computer. $100.00 SPECIAL ASSESSMENT. Counts 2-6, DISMISSED ON THE MOTION OF THE UNITED STATES. Signed by Judge William O. Bertelsman. (LSG)(cc: Paper copy w/ NOE to COR & copy of SOR; Paper Copy to USM x 1 cert. copy; Paper Copy to USP x 2 cert. copies w/ original SOR; electronic copy to Finance) (Entered: 11/02/2006)
2006-11-07 42 0 Return of Service re 27 Preliminary Judgment of Forfeiture (LSG) (Entered: 11/09/2006)
2006-11-30 43 0 MOTION for Forfeiture of Property by USA Final Decree and Order of Forfeiture as to Kenneth Phillip Whicker. (Attachments: # 1 Proposed Order)(Olinger, David) (Entered: 11/30/2006)
2006-12-05 44 0 FINAL DECREE AND ORDER OF FORFEITURE; 1)U.S. Marshal shall seize forfeited property and dispose of it; 2)following property is forfeited to USA: a. Gateway CPU, model LP Mini-Tower, serial number 0009611667; b. Gateway monitor, model 500-069CS, serial number 15009A477834; c. Gateway keyboard, Gateway P/N 7000598; d. Altec Lansing computer speakers, FMW 0012277; e. Fellowes mouse 99937, serial number 0139416 and f. All associated cords, software, peripherals and visual depictions which were seized from the def, and which are contained on the computer; 3)property be disposed of; 4)all forfeited funds and proceeds of sale after costs of sale be deposited forthwith by U.S. Marshal into Dept of Justice Asset Forfeiture Fund; 5)Clerk send attested copies of this order to all counesl of record and U.S. Marshal.. Signed by Judge William O. Bertelsman. (LSG)cc: COR,USM,USP (Entered: 12/05/2006)
2007-01-30 45 0 MOTION to Continue Self-Surrender Date as to Kenneth Phillip Whicker. (Attachments: # 1 Proposed Order)(Pisacano, Dean) Modified text to incldue "Self-Surrender date" on 1/30/2007 (Greiwe, Linda). (Entered: 01/30/2007)
2007-01-31 46 0 ORDER granting 45 Motion to Continue self-surrender date as to Kenneth Phillip Whicker (1). Dft shall be granted an additional 21 days within which to surrender himself to the USM service to begin serving his sentence, that is, February 22, 2007. Signed by Judge William O. Bertelsman. (TED)cc: COR,USM,USP (Entered: 01/31/2007)
2007-01-31 47 0 ORDER as to Kenneth Phillip Whicker; 1)Court recommends the def self-surrender on teh specified date to FCI Coleman in Coleman, Florida. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP (Entered: 01/31/2007)
2007-02-21 48 0 ORDER as to Kenneth Phillip Whicker; Def is granted an extension until 3/14/2007 to self-surrender. During this time, Court recommends Bureau of Prison reconsider and clarify the designation of the def to FCI Coleman. Signed by Judge William O. Bertelsman. (LSG)cc: COR, USM, USP (Entered: 02/21/2007)