Case details

Court: nysd
Docket #: 1:98-cr-00761
Case Name: USA v. Thomas
PACER case #: 171946
Date filed: 1998-07-21
Date terminated: 1999-05-13
Date of last filing: 2009-09-04
Assigned to: Judge Loretta A. Preska

Parties

Represented Party Attorney & Contact Info
CO Roy Thomas
Defendant (1)
TERMINATED: 05/14/1999
Amelio P. Marino
Marino & Veneziano 163 West 71st. Street New York, NY 10023 212 873 7297 Fax: 212 873 7297 Email: amelio@manhattanlaw.info
TERMINATED: 05/14/1999 LEAD ATTORNEY Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1998-05-20 1 0 Complaint COMPLAINT as to Roy Thomas in violation of 21 U.S.C. 846, 841 & 18 U.S.C. 201. ( signed by Magistrate Judge Michael H. Dolinger ) [ 1:98-m -1189 ] (gq) (Entered: 06/30/1998)
1998-05-20 2 0 Warrant Issued ARREST WARRANT issued as to Roy Thomas. [ 1:98-m -1189 ] (gq) (Entered: 06/30/1998)
1998-05-22 3 0 Financial Affidavit - CJA23 CJA 23 Financial Affidavit as to Roy Thomas : ( Signed by Magistrate Judge Michael H. Dolinger ) [ 1:98-m -1189 ] (gq) (Entered: 06/30/1998)
1998-05-22 4 0 CJA 20 - Appointment CJA 20 as to Roy Thomas : Appointment of Attorney Paul Madden. ( Signed by Magistrate Judge Michael H. Dolinger ) [ 1:98-m -1189 ] (gq) (Entered: 06/30/1998)
1998-05-22 5 0 Notice of Attorney Appearance - Defendant NOTICE of Appearance for Roy Thomas by Attorney Paul Madden. [ 1:98-m -1189 ] (gq) (Entered: 06/30/1998)
1998-05-26 6 0 Order of Detention ORDER OF DETENTION as to Roy Thomas ( Signed by Magistrate Judge Naomi R. Buchwald ) [ 1:98-m -1189 ] (gq) (Entered: 06/30/1998)
1998-06-22 7 0 Order ORDER as to Roy Thomas, to Continue in Interests of Justice, continuance granted from 6/22/98 to 7/22/98. ( Signed by Magistrate Judge James C. Francis IV ); Copies mailed. [ 1:98-m -1189 ] (gq) (Entered: 06/30/1998)
1998-07-21 8 0 Indictment INDICTMENT as to Roy Thomas (1) count(s) 1, 2 (Preliminary Examination cancelled.) (bh) (Entered: 07/22/1998)
1998-08-06 9 0 Notice of Attorney Appearance - Defendant NOTICE of Appearance for Roy Thomas by Attorney Amelio Marino. (ba) (Entered: 08/13/1998)
1998-08-28 10 0 Sealed Document SEALED DOCUMENT as to Roy Thomas (af) (Entered: 08/31/1998)
1998-09-22 11 0 Transcript TRANSCRIPT of record of proceedings as to Roy Thomas for dates of 7/17/98 before Magistrate Judge Naomi Reice Buchwald. (mr) (Entered: 09/22/1998)
1998-09-22 12 0 Transcript TRANSCRIPT of record of proceedings as to Roy Thomas for dates of 5/26/98 before Mag. Judge Naomi Reice Buchwald. (mr) (Entered: 09/22/1998)
1998-10-08 13 0 Motion for Bill of Particulars MOTION by Roy Thomas Directing the U.S. Attorney for the SDNY to serve and file abill of particulars of the indictment herein pursuant to Rule 7 (f) of the Federal Rules of Criminal Procedure giving the following particulars: (a) the date and location of the act by Roy Thomas which constitutes criminal conduct relevant to any Count of the indictment. (b) the date and location of the act by Roy Thomas which constitutes criminal conduct relevant to any Count of the indictment. (c) the date and location and name of the person, if any, who transferred any funds to Roy Thomas and the type of contraband referred to in Count II of the indictment , Dft. relies upon the representation of the government in its Rule 16 letter of 8/11/98 (a copy of which is attached as Ex. A, without enclosures); that it will supply discovery on a continuing basis and that it will provide all materials required to be disclosed under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. While it is anticipated that the government will indeed abide by its representation, dft. hereby reserves the right to make any motions for such material if the need arises. Dft. further reserves the right to make any appropiate motion predicated upon information contained in discovery material not yet provided , Granting Roy Thomas, such other, further and different relief as this Court may deem just, equitable and proper. , , (mb) (Entered: 10/08/1998)
1998-11-04 14 0 Transcript TRANSCRIPT of record of proceedings as to Roy Thomas for dates of 09/11/98 before the Hon. Loretta A. Preska. (djc) (Entered: 11/05/1998)
1998-12-23 15 0 Sealed Document SEALED DOCUMENT as to Roy Thomas (kb) Modified on 12/28/1998 (Entered: 12/28/1998)
1999-01-08 16 0 Sealed Document SEALED DOCUMENT as to Roy Thomas (da) (Entered: 01/11/1999)
1999-01-07 17 0 Request to Charge Request to Charge by USA (mr) (Entered: 01/19/1999)
1999-03-16 18 0 Transcript TRANSCRIPT of record of proceedings before Judge Preska as to Roy Thomas for dates of Jan 21, 9999. (ls) (Entered: 03/17/1999)
1999-03-16 19 0 Transcript TRANSCRIPT of record of proceedings before Judge Preska, as to Roy Thomas for dates of 1/12,13,14,19,20/99. (jp) (Entered: 03/18/1999)
1999-05-21 20 0 Notice of Appeal - Final Judgment NOTICE OF APPEAL by Roy Thomas ; from ; the Judgment, Jury Trial and Sentence entered in ths action on May 13, 1999. Copies mailed to the attorneys of record: A.U.S.A. and Court Reporters. Filing Fee $ 105.00 Receipt # E 345706. (dt) (Entered: 05/21/1999)
1999-05-14 21 0 Judgment FILED JUDGMENT in a CRIMINAL CASE. Defendant present with attorney Amelio Marino. The defendant Roy Thomas (1) was found guilty on count(s) 1, 2 after a plea of not guilty. The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is ordered that the defendant shall pay a special assessment of $100, for counts 1 and 2, which shall be due immediately. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 210 months. Upon release from imprisonment, the defendant shall be on supervised release for a term of 5 years. The defendant shall be supervised by this district of residence. All standard conditions of supervised release apply. Statement of reasons attached. Judgment and Commitment issued to U.S. Marshal ( Signed by Judge Loretta A. Preska ) DOCKETED AS A JUDGMENT #99,1166 ON 5/24/99 (mr) Modified on 05/26/1999 (Entered: 05/21/1999)
1999-07-13 22 0 Transcript TRANSCRIPT of record of proceedings before Judge Preska as to Roy Thomas for dates of 5/13/99. (ls) (Entered: 07/13/1999)
1999-07-16 23 0 Appeal Record Sent to USCA - Index File notice that the record on appeal as to Roy Thomas has been certified and transmitted to USCA on 7/16/99 [20-1] appeal. (dt) (Entered: 07/16/1999)
2000-01-07 24 0 Transcript TRANSCRIPT of record of proceedings as to Roy Thomas for dates of 1/11/99. (sl) (Entered: 01/07/2000)
2000-02-09 25 0 Transcript TRANSCRIPT of record of proceedings as to Roy Thomas for dates of 12/21/98 before Judge Preska. (mr) (Entered: 02/09/2000)
2000-03-22 26 0 USCA Mandate - Final Judgment Appeal MANDATE OF USCA (certified copy) as to Roy Thomas Re: [20-1] appeal affirming judgment/order Roy Thomas (1) count(s) 1, 2 (mr) (Entered: 03/22/2000)
2001-02-07 27 0 Transcript TRANSCRIPT of record of proceedings as to Roy Thomas for dates of 1/19/01. (tp) (Entered: 02/07/2001)
2001-04-24 28 0 Order ORDER as to Roy Thomas, that the United States Attorney for the Southern District of New York file an answer or other pleading to the motion no later than 5/30/01. , and that the Clerk of the ourt serve copies of this Order and of the motion by certified mail upon the United States Attorney for this Southern District of New York. ( Signed by Judge Loretta A. Preska ); Copies mailed on 4/25/01 by certified mail #7099 3400 0014 3067 8678. (mr) (Entered: 04/25/2001)
2001-05-22 29 0 Memo Endorsement Filed Memo-Endorsement on letter addressed to Judge Preska from AUSA Evan Barr as to Roy Thomas, request extension of time until 6/15/01 to respond to Thomas's motion. So Ordered.( Signed by Judge Loretta A. Preska ); Copies mailed. (sg) (Entered: 05/22/2001)
2001-07-06 30 0 Memo Endorsement Filed Memo-Endorsement on motion addressed to Judge Preska from defendant, dated June 18, 2001 as to Roy Thomas, re: request for relief, along with a memorandum of law in support. Petitioner asks that if this motion is granted, the court instanter treat this supplemented issue as a part of the initial motion and memorandum of law....The motion is granted. The Government may respond to the new argument no later than July 24, 2001. (Signed by Judge Loretta A. Preska); Copies mailed. (jb) (Entered: 07/06/2001)
2001-07-06 31 0 Letter LETTER filed by U.S.A. as to Roy Thomas From AUSA Evan T. Barr, Dated 6/22/01, Addressed to: Judge Preska Re: To confirm that the Government does not object to defendant's motion to supplement his pending habeas petition. (ph) (Entered: 07/11/2001)
2001-07-23 32 0 Memorandum in Support of Motion MEMORANDUM by Roy Thomas in support of [0-1] motion to vacate under 28 U.S.C. 2255 and in opposition to government's responsive letter. (ph) (Entered: 07/30/2001)
2002-10-25 33 0 Order ORDER as to Roy Thomas denying [0-1] motion to vacate under 28 U.S.C. 2255 as to Roy Thomas (1). Conclusion: The petition is denied in all respects. The Clerk of the Court shal mark this action as closed and all pending motions denied as moot. (Refer to 98-cr-761). ( Signed by Judge Loretta A. Preska on 10/25/02); (ph) (Entered: 10/28/2002)
2004-12-14 34 0 Motion for Miscellaneous Relief MOTION filed by Roy Thomas to recall the Court's Mandate. Refer to 01-cv-2590(LAP) also. (bw, ) (Entered: 12/29/2004)
2005-08-30 35 0 Motion for Miscellaneous Relief MOTION for expedited processing and emergency hearing of his pending motion that was filed on the Court 12/14/04 pursuant to F.R.Civ.P. Rule 60(b) to reopen its habeas judgment. Document filed by Roy Thomas. [refer to 01-cv-2590 also] (bw, ) (Entered: 09/09/2005)
2006-03-08 36 0 Order ORDER as to Roy Thomas. The Pro Se Office has called the Court's attention to Petitioner's Motion to Recall the Court's Mandate (dkt. no. 34) and his Motion For Expedited Processing and Emergency Relief (dkt. no. 35), the latter of which apparently never reached chambers. The Govt shall inform the Court by letter of its position no later than 3/15/06. (Signed by Judge Loretta A. Preska on 3/7/06); refer to 01-cv-2590(LAP) also. (bw, ) (Entered: 03/09/2006)
2007-08-02 37 0 Order ORDER as to Roy Thomas. For the aforementioned reasons, Mr. Thomas' motion is deemed a second or successive petition and, as such, requires certification from the Court of Appeals in accordance with 28 USC 2255. Therefore, in the interests of justice, the Clerk of the Court is directed to transfer docket numbers 34 and 35 in US v. Thomas, 98-cr-761-1(SDNY), and docket numbers 6 & 7 in Thomas v. US, 01cv2590 (SDNY) to the Court of Appeals for certification, pursuant to 28 USC 1631, as set forth herein. (Signed by Judge Loretta A. Preska on 7/31/2007) Copies mailed by chambers. (jar) (Entered: 08/03/2007)
2007-08-20 38 0 Motion to Amend/Correct MOTION to Alter or Amend Judgment. Document filed by Roy Thomas. (jar) (Entered: 08/22/2007)
2008-01-15 39 0 Motion for Miscellaneous Relief MOTION for expedited processing. Document filed by Roy Thomas. [Refer to 01-cv-2590(LAP) also] (bw) (Entered: 01/18/2008)
2008-08-29 40 0 Memo Endorsement MEMO ENDORSEMENT as to Roy Thomas on re: 38 MOTION to Alter or Amend Judgment, filed by Roy Thomas. ENDORSEMENT: The motion is denied. (Signed by Judge Loretta A. Preska on 8/28/08)(bw) (Entered: 08/29/2008)
2008-08-29 41 0 Order on Motion to Amend/Correct ORDER denying 38 Motion to Amend/Correct as to Roy Thomas (1). (Signed by Judge Loretta A. Preska on 8/28/08) Copies Mailed By Chambers.(mme) (Entered: 08/29/2008)
2009-09-04 42 0 Notice (Other) NOTICE of address change as to Roy Thomas: #43639-054, FCI Oakdale (R-1), P.O. Box 5000, Oakdale, LA 71463. (ja) (Entered: 09/09/2009)