Case details

Court: nyed
Docket #: 1:95-cr-01162
Case Name: USA v. Mapp et al
PACER case #: 132614
Date filed: 1995-12-08
Date terminated: 1997-05-07
Assigned to: Judge Frederic Block

Parties

Represented Party Attorney & Contact Info
John Mapp
Defendant (1)
TERMINATED: 06/10/1997
John Mapp
46266-053 OTISVILLE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 1000 OTISVILLE, NY 10963 PRO SE

George Sheinberg
50 Court Street Brooklyn, NY 11201 (718) 852-8282
TERMINATED: 06/10/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1995-12-12 1 0 Arrest WARRANT Returned Executed as to John Mapp on 12/12/95 (Greene, Donna) (Entered: 01/02/1996)
1995-12-12 2 0 ORDER as stated on the record of 12.12.95, the indictment in the above-captioned case is hereby ordered UNSEALED. ( Signed by Magistrate Joan M. Azrack, undated ) (Greene, Donna) (Entered: 01/02/1996)
1995-12-12 3 0 INDICTMENT as to John Mapp (1) count(s) 1, 2, 3, 4 (Greene, Donna) (Entered: 01/02/1996)
1995-12-12 4 0 CALENDAR ENTRY as to John Mapp ; Case called before Magistrate Joan M. Azrack on date of 12.12.95 for Arraignment Tape # 95/83(825-, AUSA Lisa Klem and George Sheinberg for deft.(ret). Not Guilty: John Mapp (1) count(s) 1, 2, 3, 4 . Defense counsel makes bail application, application denied. Order of detention ent ered. Gov't to get status conf. date from Judges Chambers when confirmation of Judge is made. Gov't makes application to unseal indictment, application granted. So order 12/12/95 signed by Mag. Judge Azrack. (Greene, Donna) (Entered: 01/02/1996)
1995-12-12 5 0 NOTICE of Appearance for John Mapp by Attorney George Sheinberg (Greene, Donna) (Entered: 01/02/1996)
1995-12-12 6 0 ORDER OF DETENTION PENDING TRIAL as to John Mapp ( Signed by Magistrate Joan M. Azrack , dated: 12.12.95) (Greene, Donna) (Entered: 01/02/1996)
1996-01-04 7 0 LETTER dated 12/15/95 from AUSA Lisa Klem to Judge Block to request that the above case be assigned to Judge Block pursuant to Local Rule 50.3(c). (Dobkin, David) (Entered: 01/04/1996)
1996-01-04 8 0 CALENDAR ENTRY as to John Mapp ; Case called before Judge Frederic Block on date of 1/4/96 for status. Court Reporter/ESR A. Mancuso. AUSA Lisa Klem. Defense counsel: George Sheinberg. Case called. Counsel for all sides present. Deft present in custody. Status conference held. Deft's motion due 1/26/96; Govt's reply by 2/9/96; Findings and order of excludable delay until 1/26/96 entered on the record. Further status set for 1/26/96 at 9:45a.m. (Dobkin, David) (Entered: 01/16/1996)
1996-01-04 9 0 CALENDAR ENTRY as to John Mapp ; Case called before Judge Frederic Block on date of 1/4/95 for status. Court Reporter/ESR A. Mancuso Defense counsel: George Sheinberg. AUSA Lisa Klem. Case called. Counsel for all sides present. Deft present in custody. Status conference held. Deft's motions due 1/26/96; Govt's reply by 2/9/96; Findings and order of excludable delay until 1/26 entered on the record. Further status set for 1/26/96 at 9:45a.m. (Dobkin, David) (Entered: 01/19/1996)
1996-01-24 10 0 ORDER of excludable dealy from 1/4/96 to 1/26/96 as to John Mapp ( Signed by Judge Frederic Block , dated: 1/4/96) (Dobkin, David) (Entered: 01/24/1996)
1996-01-30 11 0 MOTION by John Mapp for Bill of Particulars ; Motion Hearing/Return date of 9:30 1/26/96 for John Mapp [11-1] motion (Dobkin, David) (Entered: 01/30/1996)
1996-02-16 12 0 LETTER dated 2/13/96 from AUSA Lisa Klem to George Sheinberg, re: discovery. (Dobkin, David) (Entered: 02/16/1996)
1996-02-20 13 0 ORDER as to John Mapp granting an extension of time to respond to defts motions until 2/16/96 and deft's reply due 2/23/96 ( Signed by Judge Frederic Block , dated: 2/14/96)(endorsed on letter dated 2/8/96 from AUSA lisa Klem to Judge Block). (Dobkin, David) (Entered: 02/20/1996)
1996-02-23 14 0 LETTER dated 2/16/96 from AUSA Lisa Klem to Judge Block, stating that it is the govts position that deft's pretrial motions be denied . (Dobkin, David) (Entered: 02/23/1996)
1996-02-27 15 0 MAIL RETURNED. Endorsed order returned on 2/27/96 sent to George Scheinberg. "return to sender". (Dobkin, David) (Entered: 02/27/1996)
1996-02-27 16 0 LETTER dated 2/23/96 from AUSA Lisa Klem to George Sheinberg, re; discovery. (Dobkin, David) (Entered: 02/27/1996)
1996-02-29 17 0 LETTER dated 2/8/96 from AUSA Lisa Klem to Judge Block, requesting an additional week until 2/16/96 to respond to deft's pretrial motions. (Dobkin, David) (Entered: 02/29/1996)
1996-03-04 18 0 ORDER as to John Mapp, granting a new motion schedule: defense motions would be due 2/9/96, the govt response would be due 2/23/96 and the reply would be due 3/2/96. ( Signed by Judge Frederic Block , undated)(endorsed on letter dated 1/20/96 from Lisa Klem to Judge Block). (Dobkin, David) (Entered: 03/04/1996)
1996-03-12 19 0 LETTER dated 3/6/96 from George Sheinberg to Judge Block on behalf of deft requests that counts 1,3 and 4 of the indictment be dismissed. In the alternative a hearing should be conducted to determine whether the constitutional rights of the defts have been violated with this indictment. (Dobkin, David) (Entered: 03/12/1996)
1996-03-14 20 0 ORDER as to John Mapp granting an extension of time to reply to the respoonse to motions by the govt in the above case. ( Signed by Judge Frederic Block , dated: 3/4/96)(endorsed on letter dated 2/23/96 from George Sheinberg to Judge Block). (Dobkin, David) (Entered: 03/14/1996)
1996-04-01 21 0 ORDER as to John Mapp, Motion hearing set for 10:30 4/8/96 as to: John Mapp, re: (11-1) ( Signed by Judge Frederic Block , dated: 3/27/96) (Dobkin, David) (Entered: 04/01/1996)
1996-04-11 22 0 CALENDAR ENTRY as to John Mapp ; Case called before Judge Frederic Block on date of 4/11/96 for Omnibus Motions. Deft present with counsel George Sheinberg; AUSA Lisa Klem present Court Reporter M. Diamond. Deft's Omnibus Motion argued; gov't to turn over photo array to deft. Defense to advise the court as to whether or not he still would like a suppression hearing. Affidavit to be filed, if necessary. Order and findings of excludable delay for today until 5/20/96 entered on the record. Deft makes an additonal bail application; argued and denied. Deft. additional memos on state speedy trial issues are due 4/25/96; govt's response due 5/2/96. set Jury selection and trial for 9:30 5/20/96 for John Mapp before Judge Frederic Block (Romano, Dan) (Entered: 04/15/1996)
1996-04-19 23 0 LETTER dated 4/5/96 from Lisa J. Klem to Judge Block requesting an adjournment on the pretrial motion from 4/8/96 to 4/11/96 at 2:30 p.m. (Romano, Dan) (Entered: 04/19/1996)
1996-04-24 24 0 LETTER dated 4/22/96 from Lisa Klem to Mr. George Sheinberg regarding the indentification procedures used in connection with this case. (Romano, Dan) (Entered: 04/25/1996)
1996-04-25 25 0 SEALED INDICTMENT HANDED UP AND FILED 4/25/96. (Romano, Dan) (Entered: 04/29/1996)
1996-05-01 26 0 ORDER of EXCLUDABLE DELAY from 4/11/96 to 5/20/96 as to John Mapp. (Signed by Judge Frederic Block , dated: 4/11/96). (Greves, Liz) (Entered: 05/01/1996)
1996-05-06 27 0 LETTER dated 4/21/96 from Lisa J Klem to George Sheinberg regarding photographs shown in spread (Jackson, Ramona) (Entered: 05/06/1996)
1996-05-06 28 0 LETTER dated 5/1/96 from John Mapp to Clerk of Court requesting for a gratis copy of the Docket Sheet. Docket Sheet mailed. (Romano, Dan) (Entered: 05/07/1996)
1996-05-07 29 0 Arrest WARRANT Returned Executed as to John Mapp on 5/1/96. (DiTomasso, Mike) (Entered: 05/07/1996)
1996-04-25 30 0 MOTION by John Mapp to dismiss . (Romano, Dan) (Entered: 05/08/1996)
1996-04-25 31 0 MOTION by John Mapp to dismiss . (Romano, Dan) (Entered: 05/14/1996)
1996-05-28 32 0 ORDER as to John Mapp, for Speedy Trial under code T form 4/25/96 to 5/31/96 ( Signed by Judge Frederic Block , dated: 4/25/96) (Romano, Dan) (Entered: 05/28/1996)
1996-04-26 33 0 SUPERSEDING INDICTMENT as to John Mapp (1) count(s) 1s-2s, 3s, 4s, 5s, 6s, 7s, 8s, 9s-10s, 11s, 12s, 13s , Kevin Moore (2) count(s) 9-10, 11, 12, 13 . (Romano, Dan) (Entered: 05/29/1996)
1996-04-26 34 0 CALENDAR ENTRY as to John Mapp ; Case called before Judge Frederic Block on date of 4/26/96 for Arraignment Court. John Mapp present with counsel George Sheingberg; AUSA Lisa Klem present; Reporte F. Guerino. Deft waives reading of the superseding indicment. Deft pleads Not Guilty: John Mapp (1) count(s) 1s-2s, 4s, 6s, 9s-10s, 3s, 7s, 11s, 5s, 8s, 13s, 12s . Deft request that the previously filed motions be adopted for the superseding indictment. Trial date presently set for 5/20/96. Trial adjourned without date at this time. Defense may be filing additional motions. Set status conference for 10:00 5/31/96 for John Mapp before Judge Frederic Block . Findings and order of excludable delay from today until 5/31/96 entered on the record. (Romano, Dan) (Entered: 05/29/1996)
1996-05-30 37 0 COPY LETTER dated 5/22/96 from AUSA Lisa J. Klem to Counsel that Pursuant to Rule 16, enclosing two audio tapes. (Guzzi, Roseann) (Entered: 06/04/1996)
1996-05-31 38 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 5/31/96 for status conference. Court Reporter H. LeGendre & AUSA L. Klem. Counsel for all sides present. Defts present in custody. Status conference held. Discovery turned over. Motions to be filed by 6/24/96; government's response due 7/8. Deft Mapp will adopt the motions already filed. Jury selection and jury trial set for 8/5/96. Findings & Order of Excludable Delay until 8/5/96 entered on the record. All parties consent to Magistrate jury selection on 8/5/96. (Greves, Liz) (Entered: 06/05/1996)
1996-06-11 39 0 ORDER as to John Mapp, Kevin Moore, for Speedy Trial under code E, and T from 5/31/96 to 8/5/96. ( Signed by Judge Frederic Block , dated: 5/31/96). (Romano, Dan) (Entered: 06/11/1996)
1996-07-18 42 0 MEMORANDUM of Law by USA in opposition to Deft's Pretrial motions. (Romano, Dan) (Entered: 07/18/1996)
1996-07-22 43 0 LETTER dated 7/10/96 from Kenneth Thompson to Judge Block, requesing an additional two day until 7/12/96 in which to respond to the deft's pretrial motion. (Romano, Dan) (Entered: 07/22/1996)
1996-07-16 44 0 LETTER dated 7/16/96 from Kenneth Thompson to Counsel Enclosed are enhanced versions of two audio tapes which were forwarded to you on 5/22/96, and transcripts of the enclosed tapes. (Romano, Dan) (Entered: 07/24/1996)
1996-08-16 45 0 ORDER as to John Mapp, Kevin Moore that they are to appear for a status conference on 8/13/96 at 1:00PM. ( Signed by Judge Frederic Block , dated: 8/8/96). (Romano, Dan) (Entered: 08/16/1996)
1996-08-21 46 0 WRIT of Habeas Corpus ad Testificandum issued for Derrick Jones for 9/3/96 at 9AM in case as to John Mapp, Kevin Moore. (Signed by Judge John Gleeson , Dated 8/20/96). (Greves, Liz) (Entered: 08/21/1996)
1996-08-13 47 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on 8/13/96 for status conference. AUSA: Kenneth Thompson. Defense counsel: Bobbi Sternheim and George Sheinberrg. ESR: Lourdes Vasquez. Set jury selection for 8/26/96 before a Magistrate and set jury trial for 10:00 on 9/3/96 before Judge Frederic Block . Kevin Moore's [40-2] motion to sever taken under advisement and both defendants' [30-1] and [31-1] motion to dismiss taken under advisement. (Asreen, Wendy) (Entered: 08/22/1996)
1996-08-21 48 0 TRANSCRIPT of status conference before Judge Block filed in case as to John Mapp, Kevin Moore for dates of 8/13/96. ESR Operator L. Vazquez. (Greves, Liz) (Entered: 08/22/1996)
1996-08-05 49 0 LETTER dated 8/5/96 from AUSA, Kenneth Thompson to Bobbi Sternheim, Esq., providing a summary of the identification procedures used in this action. (Asreen, Wendy) (Entered: 08/23/1996)
1996-08-26 50 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Magistrate A. S. Chrein on date of 8/26/96 for Jury Selection. Jurors selected. AUSA Ken Thompson and Jim Walden; Defense Counsel, George Sheinberg for Mapp; Bobbi Sternheim for Moore; Court Reporter/ESR Marsha Diamond and Fred Guarino (Piper, Francine) (Entered: 08/28/1996)
1996-08-29 51 0 LETTER dated 8/27/96 from AUSA Jim Walden to Attorneys Sternheim, and Sheinberg, with attached stipulations labeled Government's exhibit 6, and Government's exhibit 30. (DiTomasso, Mike) (Entered: 08/29/1996)
1996-09-09 52 0 MEMORANDUM AND ORDER as to John Mapp, Kevin Moore that motions to dismiss count 11 for failure to constitute a violation of 18:2113, to grant Moore a serverance, to dismiss counts 1, 2, 4, 6, 9, and 10 for lack of Federal jurisdiction, to suppress certain recorded statements made by Moore and to dismiss counts 9-13 on basis of improper venue are DENIED, with the exception of the motion to dismiss for improper venue, which may be renewed post-trial and for which a bill of particulars is ordered to be provided to the defts. (Signed by Judge Frederic Block , dated: 9/3/96) . (Romano, Dan) (Entered: 09/09/1996)
1996-09-03 53 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 9/3/96 for jury trial. John Mapp present with counsel George Sheinberg, Kevin Moore present with counsel Bobbi Sternheim; AUSA Ken Thompson present; Court Reporter M. Brymer. Jurors sworn and trial begins. Government opens; deft opens. Two juiors have been dismissed #1,5. we now have 12 juiors and 3 alternates the witness were sworn. (Romano, Dan) (Entered: 09/10/1996)
1996-09-10 54 0 LETTER dated 9/2/96 from Kenneth Thompson to Judge Block, submitting this letter in support of its ex parte motion. (unsealed as per Judge Block's chambers). (Romano, Dan) (Entered: 09/10/1996)
1996-09-10 55 0 LETTER dated 8/26/96 from George Sheinberg to Judge Block, confirming that I have joined with any and all motion made by co-counsel, on behalf Kevin Moore. (Romano, Dan) (Entered: 09/10/1996)
1996-09-18 56 0 Order of Sustenance as to John Mapp, Kevin Moore. (Signed by Judge Frederic Block dated 9/12/96). (Greves, Liz) (Entered: 09/18/1996)
1996-09-18 57 0 Order of Sustenance as to John Mapp, Kevin Moore. (Signed by Judge Frederic Block dated 9/13/96). (Greves, Liz) (Entered: 09/18/1996)
1996-09-18 58 0 CJA 20 : Appointment of Attorney Mitch Golub for Derrick Jones Voucher # 710410 ( Signed by Magistrate Steven M. Gold , Dated 9/18/96) (Karaska, Robert) (Entered: 09/18/1996)
1996-09-09 59 0 SEALED ORDER and Affirmation as to Timothy Moore submitted by AUSA Jim Walden. (Glenn, Marilyn) (Entered: 09/27/1996)
1996-09-09 60 0 SEALED ORDER and Affirmation as to Deas Bynum sumbitted by AUSA Jim Walden. (Glenn, Marilyn) (Entered: 09/27/1996)
1996-09-27 61 0 TRANSCRIPT filed in case as to John Mapp, Kevin Moore for trial before Judge Block on 9/16/96; Court Reporter/ESR: H. Shapiro. (Romano, Dan) (Entered: 10/01/1996)
1996-10-07 63 0 LETTER dated 9/1896 from George Sheinberg to Judge Block, requesting that the deft John Mapp's time to file a motion to set the verdict of guity aside, pursuant to Rule 29 of the FRCP, be extended to the date of the deft sentence. (Romano, Dan) Modified on 10/07/1996 (Entered: 10/07/1996)
1996-10-11 64 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 10/11/96 for status conference. ESR Operator M. Gjelaj & AUSA K. Thompson. Defts present with counsel. Government to file a letter brief with the court re: speedy trial issues for the pending counts. Deft Mapps' letter motion to dismiss Count 1 re: statutue of limitation issue - court denies motion for those grounds. Decision entered on the record. Rule 29 motions for defts due 11/15/96. sentencing set for 12/16/96 at 11AM before Judge Frederic Block. Probation notified. (Greves, Liz) (Entered: 10/17/1996)
1996-10-22 65 0 LETTER dated 8/14/96 from Bobbi Sternheim to Judge Block, requesting to supplement the motion to dismiss and include Court 11 (Robbery Affecting Bank). (Romano, Dan) (Entered: 10/22/1996)
1996-11-06 66 0 ORDER as to John Mapp, that the Government's motion is granted and the speedy trial clock tolled until sentencing with respect to the open counts against Mapp. ( Signed by Judge Frederic Block , dated: 11/4/96). (Romano, Dan) (Entered: 11/06/1996)
1996-11-01 73 0 CALENDAR ENTRY as to John Mapp ; Case called before Judge Frederic Block on date of 11/1/96 for status conference. Court Reporter/ESR - Shelly Silverman. Counsel for all sides present. Government moves to have time excluded for the retrial on the 924(c) open counts. Motion argued; decision reserved. (DiTomasso, Mike) (Entered: 12/10/1996)
1996-12-13 75 0 ORDER as to John Mapp, set Sentencing for 2/7/97 for John Mapp before Judge Frederic Block , set motion filing deadline for 1/24/97 for John Mapp ( Signed by Judge Frederic Block , dated: 12/11/96 )(endorsed on letter dated 12/6/96 from George Sheinberg to Judge Block). (Dobkin, David) (Entered: 12/13/1996)
1996-12-26 76 0 LETTER dated 12/23/96 from Kenneth Thompson to Judge Block, submitting this letter in opposition to the deft Kevin Moore's motion for a judgment of acquittal. Received from Chambers on 1/13/97. (Romano, Dan) Modified on 01/14/1997 (Entered: 12/26/1996)
1996-12-23 77 0 LETTER dated 12/20/96 from Kenneth Thompson, AUSA to Judge Block, requesting additional time until 12/27/96 to respond to the deft Kevin Moore's motion. (Romano, Dan) (Entered: 01/08/1997)
1996-09-04 78 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 9/4/96 for Trial. John Mapp present with councel George Sheinberg; Kevin Moore present with counsel Bobbi Sternheim; AUSA Kenneth Thompson and James Walden; Court Reporter M.Brymer. Defts present in custody. Government's case continued. Trial resumed. Jury trial to resume on 9/5/96 at 10:30AM. Additional hearing set for 9:00AM. Received on 1/13/97. (Romano, Dan) Modified on 01/14/1997 (Entered: 01/14/1997)
1996-09-05 79 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 9/5/96 for trial. John Mapp present with counsel George Sheinberg; Kevin Moore present with counsel Bobbi Sternheim; AUSA Kennetih Thompson and James Walden present; Court Reporter M. Brymer. Defts present in custody. Messiah inquiry hearing held. Witnesses sworn and examined. hearing conclued. The Court's envidentiary ruling re: conversations to be admitted into evidence during the trial entered on the record--- the Court will permit certain conversations to be played for the jury. Additional evidentiary rulings entered on the record. Trial resumed. Government's case continued. Trial to resume on 9/6/96 at 9:45AM. Received on 1/13/97. (Romano, Dan) (Entered: 01/14/1997)
1996-09-06 80 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 9/6/96 for Trial. John Mapp present with counsel George Sheinberg; Kevin Moore present with counsel Bobbi Sternheim; AUSA Kenneth Thompson and James Walden present; Court Reporter M. Brymer. Deft present in custody. Trial resumed. Government's case continued. Letter to Court dated 9/2/96 is hereby ordered unsealed and is to be docketed by the clerk. Trial to resume on 9/10/96 at 10:00AM. Received on 1/13/97. (Romano, Dan) Modified on 01/15/1997 (Entered: 01/15/1997)
1996-09-10 81 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 9/10/96 for Trial. John Mapp present with counsel George Sheinberg; Kevin Moore present with counsel Bobbi Sternheim; AUSA Kenneth Thompson and James Walden present; Court Reporter B. Sulzer. Defts present in custody. Trial resumed. Preliminary charging conference held. Government's case resumed. Government rests. Deft John Mapp moves pursuant to Rule 29 for a judgment of acquittal on the Court against him in the indictment. Motions argued. For both defts with respect to counts 9 & 12 of the indictment, the motions to dismiss are denied. With respect to motion to dismiss counts 10,11,& 13, the Court will reserve decision at this time. Deft Mapp rests. Deft Moore rests. Additional rulings re: charge entered on the record. Trial to continue to 9/11/96 at 9:00AM. Received on 1/13/97 (Romano, Dan) (Entered: 01/15/1997)
1996-09-11 82 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 9/11/96 for Trial. John Mapp present with counsel George Sheinberg; Kevin Moore present with counsel Bobbil Sternheim; AUSA Kenneth Thompson and James Walden present; Court Reporter B. Sulzer. Deft present in custody. Trial resumed. Additional rulings re: charge entered on the record. The Court's rulings with respect to motions to dismiss entered on the record. Courts 10 & 11 are ordered dismissed. Count 13 will not be dismissed. The court orders the indictment to be redacted to refelect these changes and to renumber the counts of the indictment as follows: count 12 will now become count 10, and count 13 will become count 11. Government sums up. Deft Moore moves for a mistrial. Deft Mapp moves for a mistrial. Mistrial motions are denied. Deft Mapp sums up. Deft Moore sums up. The Government gives a rebuttal summation. Judge charges the Jury. Marshal sworn. Alternatie jurors discharged with the Thanks of the Court. Jury retires to deliberate at 6:10PM. and deliberations to resume on 9/12/96 at 9:30AM. (Romano, Dan) (Entered: 01/15/1997)
1996-09-12 83 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 9/12/96 for Trial. John Mapp present with counsel George Sheinberg; Kevin Moore present with counsel Bobbi Sternheim; AUSA Kenneth Thompson and James Walden present. Court Reporter B. Sulzer Defts present in custody. Deliberations resumed. Findings of fact and conclusions of law with respect to the "Messiah" issue is entered on the record. The Court concludes that there was no Federal Participation in the State's decision to dismiss charges against deft Moore in the State proceedings. Decision dismission count 10 & 11 is entered on the record as well. Rulings re: venue issues entered on the record. Deliberations concluded for the evening and will resume deliberations on 9/13/96 at 9:30AM. (Romano, Dan) (Entered: 01/15/1997)
1996-09-16 84 0 ORAL ORDER as to John Mapp, Kevin Moore, Declaring Mistrial John Mapp (1) count(s) 4s, 5s, 6s, 7s, 8s, 9s, 10rs, 11rs, Kevin Moore (2) count(s) 11r ( Signed by Judge Frederic Block , dated: 9/16/96). (Romano, Dan) (Entered: 06/10/1997)
1996-09-13 85 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 9/13/96 for Trial. John Mapp present with counsel George Sheinberg; Kevin Moore present with counsel Bobbi Sternheim; AUSA Kenneth Thompson and James Walden present; Court Reporter B. Sulzer. Defts present in custody. Deliberations resumed. Deliberations to resume 9/16/96 at 10:00AM. (Romano, Dan) (Entered: 01/16/1997)
1997-02-10 86 0 ENDORSED ORDER as to Kevin Moore, Resetting Sentencing for 11:15 4/4/97 for Kevin Moore before Judge Frederic Block ( Judge Frederic Block , dated 1/20/97). (Romano, Dan) (Entered: 02/10/1997)
1997-02-11 87 0 ENDORSED ORDER as to John Mapp, Resetting Sentencing for 11:15 4/4/97 for John Mapp before Judge Frederic Block . ( Frederic Block , dated 1/31/97). (Romano, Dan) (Entered: 02/11/1997)
1997-03-06 88 0 ORDER dated 2/28/97 that government's time to respond to deft John Mapp's motion for a judgment of acquittal extended to 2/28/97. (Signed by Judge Frederic Block on letter dated 2/21/97 form AUSA Kenneth P. Thompson). (Greves, Liz) (Entered: 03/06/1997)
1997-03-06 89 0 LETTER dated 2/28/97 from AUSA Kenneth P. Thompson to Judge Block requesting until 3/3/97 to respond to deft John Mapp's motion for judgment of acquittal. (Greves, Liz) (Entered: 03/06/1997)
1997-03-24 90 0 LETTER dated 3/5/97 from Kenneth Thompson to Judge Block, submitting this letter brief in response to the deft John Mapp's motion for jugment of acquittal. For the reason stated in this letter the motion should be denied. (Romano, Dan) (Entered: 03/24/1997)
1997-04-29 91 0 LETTER dated 4/18/97 from Kenneth Thompson to Judge Block, submitting this letter in support of the Government's motion for an upward departure in the sentence of the deft John Mapp. (Romano, Dan) (Entered: 04/29/1997)
1997-05-08 92 0 LETTER dated 5/5/97 from Kenneth Thompson to Judge Block submitting this letter in connection with the sentencing of the deft Kevin Moore. (Romano, Dan) (Entered: 05/08/1997)
1997-05-08 93 0 LETTER dated 5/5/97 from Kenneth Thompson to Judge Block submitting this letter in support of its upward departure motion in the sentenceing of John Mapp. (Romano, Dan) (Entered: 05/08/1997)
1997-04-16 94 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 4/16/97 for sentencing. John Mapp present with counsel George Sheinberg; Kevin Moore present with counsel Bobbi Sternheim; AUSA Kenneth Thompson present; Court Reporter H. Driscoll. Deft's present in custody. Statements of counsel heard. Sentence Issues discussed. Counsel for deft Moore and Government to file additonal submissions by 5/2/97. Counsel to advise the Court prior to next appearance, whether or not a fatico hearing will be necessary. Rule 29(a) motion re: judgment of acquittal for deft Moore is DENIED. Ruling re: guidelines entered on the record. Both defts put on notice that the Court is considering an upward departure formt he guidelines. Sentencing for both defts continued to 5/7/97 before Judge Block. (Romano, Dan) (Entered: 05/12/1997)
1997-05-19 97 0 LETTER dated 5/5/97 from Kenneth Thompson to Judge Block, submitting this letter in support of upward departure motion in the sentencing of John Mapp. (Romano, Dan) (Entered: 05/19/1997)
1997-05-07 99 0 CALENDAR ENTRY as to John Mapp, Kevin Moore ; Case called before Judge Frederic Block on date of 5/7/97 for sentencing. Kevin Moore present with counsel Bobbi Sternheim AUSA Kenneth Thompson present; ESR R. Eppenstein. Deft moves to join in enhanced Rule 29 filed by deft Mapp. All Prior motions are denied all outsanding motions are again denied. Decision entered on the record. New motion based upon venue/conspiracy Denied. Presentence report adopted; guidelines adopted. Counsel renews all previous agruments re: guildelines; rulings re: guidelines entered on the record. Deft moves for a downward departure. Argued and denied. Deft sentenced as follows: on Count 10 of the superseding indictment the deft is sentenced to life imprisonment. On Count 9 of the superseding indictment the deft is sentenced to imprisonment for a period of 125 months to be followed by a period of supervised release of 3 years. The sentence imposed on Count 9 of the superseding indictment shall run concurrent with the sentence imposed on count 10 of the superseding indictment. No firearms; deft advised of this right to appeal. On motion of AUSA Thompson, Count 11 of the superseding indictment is dismissed as well as underlying indictment $100.00 special assessment. No fine. Deft John Mapp present with counsel George Sheinberg. Deft Pro Se motion for adjournment is denied. Any and all prior motions are hereby denied. New motions based on conspiracy/venue issues are denied. Decision entered on the record. Govenrnment's motion for an upward departure is argued and granted. Decision entered on the record. Guidelines, as amended are adopted. Ruling re: guidelines entered on the record. Fatico hearing not necessary. Court will consider uncharged conduct. Deft sentenced as follows: on count 3 of the superseding indictment, the deft is sentenced to a period of imprisonment of 300 months; on count 1 of the superseding indictment, the deft is sentenced to a period of imprisonment of 150 months, to run consecutive to the sentence imposed on count 3. On Count 2 of the superseding indictment, the deft is sentenced to a period of imprisonment of 150 months to run concurrent with the sentence imposed on counts 1 and 3 for a total term of imprisonment of 450 months. Reasons stated on the record. Supervised release terms; count 1- 3years; count 2- 3 years; count 3 - 5 years; all to run concurrent for a total; term of supervised release of 5 years. Special assessment $150.00. Deft advised of his right to appeal. Open counts are NOT DISMISSED - the court will consider open counts after appeal have been decided. IFP continued for appeal. No fine. (Romano, Dan) Modified on 06/09/1997 (Entered: 06/05/1997)
1996-09-11 100 0 Count Redaction John Mapp (1): Former count 12s is now count 10rs. Former count 13s is now count 11rs. Kevin Moore (2): Former count 12 is now count 10r. Former count 13 is now count 11r. (Romano, Dan) (Entered: 06/10/1997)
1997-06-10 102 0 JUDGMENT John Mapp (1) count(s) 1s, 3s . 300 months on count 3 of the superseding indictment. 150 months on count 1 of the superseding indictment. the sentence imposed on count 1 shall consecutive to sentence imposed on count 3. 3 years supervised release on count 1, and 5 year supervised release on count 3. The term of supervised release imposed on count 1 shall run concurrent to the term of supervised release on count 3. , John Mapp (1) count(s) 2s. 150 months on count 2 of the superseding indictment. The term of imprisonment imposed on count 2 shall run concurrent with the terms of imprisonment imposed on counts 1 & 3. 3 years supervised release to run concurrent with term of suerpvised release imposed on counts 1 & 3. Sepcial conditions of supervised release deft shall not possess a firearm. $150.00 special assessment ( Signed by Judge Frederic Block , Dated 5/27/97) (Romano, Dan) (Entered: 06/10/1997)
1997-06-10 104 0 NOTICE OF APPEAL by John Mapp (1) count(s) 1s, 2s, 3s. The defendant appeals the judgment that was entered on 6/10/97. NO FEE PAID. Forms distributed. USCA notified. Judge notified. PLEASE NOTE: ALTHOUGH THE DEFENDANT HAS RETAINED COUNSEL NO FEE HAS BEEN PAID. ATTORNEY ADVISED OF THE FEE. ATTORNEY HAS WRITTEN A NOTE: ON THE TOP OF THIS NOA WHICH STATES "NOA FILED BY TRAIL COUNSEL AS DIRECTED BY THE DISTRICT COURT JUDGE HAS NOT BEEN RETAINED TO PERFECT APPEAL. THIS NOA WAS ORIGINALLY FILED ON 5/7/97. (Gonzalez, Mary) (Entered: 06/11/1997)
1997-06-24 106 0 TRANSCRIPT of jury trial before Judge Block filed in case as to John Mapp, Kevin Moore for dates of 9/10/96 ; Court Reporter B. Sulzer. (Greves, Liz) (Entered: 06/24/1997)
1997-07-08 108 0 Acknowledgment from USCA received for the (INDEX) as to John Mapp RE: [104-1] appeal (Gonzalez, Mary) (Entered: 07/08/1997)
1997-08-18 110 0 FORM A as to John Mapp being filed by the Courtroom Deputy on beahlf of the defendant. (Gonzalez, Mary) (Entered: 08/18/1997)
1997-08-27 111 0 TRANSCRIPT of jury trial before Judge Block filed in case as to John Mapp, Kevin Moore for dates of 9/6/96 ; Court Reporter M. Brymer. (Greves, Liz) (Entered: 08/27/1997)
1997-09-08 112 0 LETTER dated 8/9/97 from Bobbi Sternheim to Judge Block, ex parte request. (Romano, Dan) (Entered: 09/08/1997)
1997-09-08 113 0 ORDER as to John Mapp, Kevin Moore that the order dated 6/5/97, authorizing Ms. Sternheim to retain the investigatory services of Nicholas Panarella of York Securities Services, Ltd. and that fees incurred in connection therewith will be paid pursuant to the Criminl Justice Act upon approval vouchers to be submitted to the Court, is hereby modified to an amount not to exceed $2,500.00. ( Signed by Judge Frederic Block , dated: 9/4/96). recevied on 9/8/97 from chambers. (Romano, Dan) (Entered: 09/08/1997)
1997-09-08 114 0 ORDER as to John Mapp, Kevin Moore that Ms. Sternheim is hereby authorized to retain the investigatory services of Nicholas Panarella of York Securities Services Ltd. and that the fess incurred in connection therewith will be paid pursuant to the Criminial Justice Act upon approval of vouchers to be submitted to the court, not to exceed $1,000.00. ( Signed by Judge Frederic Block , dated: 6/5/96). received on 9/8/97 from chambers. (Romano, Dan) (Entered: 09/08/1997)
1997-09-11 115 0 TRANSCRIPT of sentence before Judge Block filed in case as to John Mapp, Kevin Moore for dates of 5/7/97. ESR Operators R. Eppenstein & B. Infantas. (Greves, Liz) (Marziliano, August). (Entered: 09/11/1997)
1998-07-31 120 0 Acknowledgment from USCA received. as to John Mapp RE: [104-1] appeal (Gonzalez, Mary) (Entered: 07/31/1998)
1999-05-24 121 0 MANDATE OF USCA (certified copy) as to John Mapp, Kevin Moore Re: [105-1] appeal, [104-1] appeal affirming judgment/order John Mapp (1) count(s) 1s, 2s, 3s, Kevin Moore (2) count(s) 9, 10r . The judgment of the District Court is affirmed. Issued as mandate on 5/18/99. Judge notified. Ackn mailed. USCA # 97-1342,97-1344. (Gonzalez, Mary) (Entered: 05/24/1999)
1999-08-03 122 0 Record on Appeal as to John Mapp returned from U.S. Court of Appeals: [104-1] appeal including documents numbered 1-2, 4-13, 16-24, 26-29, 31-32, 34, 43-44, 55, 63, 73, 75, 88-91, 93, 97, 102, 104 and 106. Document numbered 82 was not returned. [Copy of this receipt sent to Fred Nunnery c/o the Court of Appeals.] (Vaughn, Terry) (Entered: 08/03/1999)
2000-10-31 124 0 Letter MOTION by John Mapp for new trial . (Hunter, Tara) (Entered: 10/31/2000)
2000-10-31 125 0 Afirmation of Christopher E. Thomas in Support of the [124-1] Motion for New Trial. (Hunter, Tara) (Entered: 10/31/2000)
2000-10-31 126 0 ORDERED, that the U.S. Attorney's Office shall file their opposition by 12.1.00. (Signed by Judge Frederic Block , on 10.30.00). C/M by Chambers. (Hunter, Tara) (Entered: 10/31/2000)
2000-11-17 127 0 ORDER as to John Mapp, granting the govt's request for an extension of time until 02.01.01 to file response to the motion filed by deft Mapp. ( Signed by Judge Frederic Block, dtd 11.14.00) Copies mailed by Chambers. See letter dtd 11.13.00 from AUSA, Jack Smith to Judge Block. Galeano, Sonia (Entered: 11/17/2000)
2000-12-12 128 0 LETTER dated 12/5/00 from AUSA Jack Smith to Judge Block requesting a 60 day extension to respond to 2255 motions. (Guzzi, Roseann) (Entered: 12/12/2000)
2001-07-02 129 0 MEMORANDUM ORDER, for the reasons set forth herein, the motion for a new trial pursuant to FRCP 33, on the grounds of newly discovered evidence is denied as to John Mapp. That the evidence was not material for impeachment purposes either. The Court finds that the alleged newly discovered evidence is not material and there is no probability that its admission would have led to an acquittal. (Signed by Judge Frederic Block , on 06.28.01) Copies mailed by Chambers. Galeano, Sonia Modified on 07/02/2001 (Entered: 07/02/2001)
1997-02-12 130 0 LETTER dated 1/21/97 from George Sheinberg to FB: Rule 29 motion. (Glenn, Marilyn) (Entered: 11/07/2001)
2002-10-22 131 0 Acknowledgment from USCA received. as to John Mapp RE: Acknowledgment signed by FP. on 10/9/02. USCA#02/2625. (Drayton, Lorraine) (Entered: 10/28/2002)