Case details

Court: tned
Docket #: 3:08-cr-00175
Case Name: USA v. Roberts et al
PACER case #: 52486
Date filed: 2008-12-02
Date terminated: 2011-08-25
Assigned to: District Judge Thomas W Phillips
Referred to: Magistrate Judge C Clifford Shirley, Jr

Parties

Represented Party Attorney & Contact Info
Clark Alan Roberts
Defendant (1)
TERMINATED: 08/25/2011		 
Stephen Ross Johnson
Ritchie, Dillard, Davies & Johnson, P.C.
606 West Main Street
Suite 300
Knoxville, TN 37902
865-637-0661
Fax: 865-524-4623
Email: johnson@rddjlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

W Thomas Dillard
Ritchie, Dillard, Davies & Johnson, P.C.
606 West Main Street
Suite 300
Knoxville, TN 37902
865-637-0661
Fax: 865-524-4623
Email: dillard@rddjlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-12-02 1 0 MOTION to Seal by USA. (RLK) (Entered: 12/04/2008)
2008-12-02 2 0 ORDER granting 1 Motion to Seal by USA. Signed by Magistrate Judge C Clifford Shirley on December 2, 2008. (RLK) (Entered: 12/04/2008)
2008-12-02 3 0 SEALED INDICTMENT charging counts 1 - 11. (Attachments: # 1 Coversheet - Roberts, # 2 Coversheet Howley)(RLK) (Entered: 12/04/2008)
2009-03-03 4 0 MOTION to Seal Superseding Indictment by USA as to Clark Alan Roberts and Sean Edward Howley. (RLK) . (Entered: 03/06/2009)
2009-03-03 5 0 ORDER granting 4 Motion to Seal Superseding Indictment as to Clark Alan Roberts and Sean Edward Howley. Signed by Magistrate Judge H Bruce Guyton on March 3, 2009. (RLK) (Entered: 03/06/2009)
2009-03-03 6 0 SEALED SUPERSEDING INDICTMENT as to Clark Alan Roberts and Sean Edward Howley charging counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 (Attachments: # 1 Cover Sheet - Roberts, # 2 Cover Sheet - Howley)(RLK) (Entered: 03/06/2009)
2009-03-06 7 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley:Initial Appearance and Arraignment as to Clark Alan Roberts (1) Count 1,1s,2,2s,3,3s,4-6,4s-6s,7,7s,8-10,8s-10s,11,11s and Sean Edward Howley (2) Count 1,1s,2,2s,3,3s,4-6,4s-6s,7,7s,8-10,8s-10s,11,11s held on 3/6/2009, (Jury Trial set for 4/29/2009 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas W Phillips., Pretrial Conference set for 4/27/2009 10:00 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley.) (Tape #3B-08-06.) (DCP, ) (Entered: 03/06/2009)
2009-03-06 8 0 Order to Unseal Case as to Clark Alan Roberts, Sean Edward Howley. Signed by Magistrate Judge C Clifford Shirley on 3/6/2009. (DCP, ) (Entered: 03/06/2009)
2009-03-06 9 0 ORDER Setting Conditions of Release as to Sean Edward Howley (2) Personal Recognizance. Signed by Magistrate Judge C Clifford Shirley on 3/6/2009. (DCP, ) (Entered: 03/06/2009)
2009-03-06 10 0 ORDER Setting Conditions of Release as to Clark Alan Roberts (1) Personal Recognizance. Signed by Magistrate Judge C Clifford Shirley on 3/6/2009. (DCP, ) (Entered: 03/06/2009)
2009-03-06 11 0 ORDER ON DISCOVERY AND SCHEDULING as to Clark Alan Roberts, Sean Edward Howley. Jury Trial set for 4/29/09 @ 9:00 a.m. Before The Honorable Thomas W. Phillips, United States District Judge. Pretrial Conference set for 4/27/09 @ 10:00 a.m. Before The Honorable C. Clifford Shirley, United States Magistrate Judge. Motion Cutoff: 4/6/09; Response to Motions: 4/20/09; Discovery cutoff: 3/16/09; Reciprocal discovery: 4/27/09; Plea cut-off: 4/27/09. Signed by Magistrate Judge C Clifford Shirley on 3/6/2009. (DCP, ) (Entered: 03/06/2009)
2009-03-06 12 0 NOTICE OF HEARING as to Clark Alan Roberts, Sean Edward Howley. A pretrial conference is hereby scheduled before C. Clifford Shirley, Jr., United States Magistrate Judge, to commence on APRIL 27, 2009 at 10:00 a.m. in Courtroom 3B. (DCP, ) (Entered: 03/06/2009)
2009-03-12 13 0 Arrest Warrant Returned Executed on 3/6/09 as to Clark Alan Roberts. (RLK) (Entered: 03/17/2009)
2009-03-12 14 0 Arrest Warrant Returned Executed on 3/6/09 as to Sean Edward Howley. (RLK) (Entered: 03/17/2009)
2009-03-23 15 0 Joint MOTION to Continue by Clark Alan Roberts as to Clark Alan Roberts, Sean Edward Howley. (Johnson, Stephen) (Entered: 03/23/2009)
2009-04-03 16 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley: Motion Hearing as to Clark Alan Roberts, Sean Edward Howley held on 4/3/2009 re 15 Joint MOTION to Continue filed by Clark Alan Roberts. New deadlines were established. The discovery cutoff is set for 4/10/09. The motion cutoff is set for 5/15/09 and the response cutoff is set for 6/5/2009. Reciprocal Discovery cutoff is 6/23/09 and a Plea cut off is set for Monday 7/6/09. It appears to the Court and the parties agree for reasons stated in Open Court that all the time between now and the new trial date of 7/21/09 is fully excludable for Speedy Trial purposes. ( Jury Trial reset for 7/21/2009 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas W Phillips. Pretrial Conference/ Motion Hearing set for 6/23/2009 09:30 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley.) Order to follow. (Court Reporter Erica Davis (Miller & Miller).) (DCP, ) (Entered: 04/03/2009)
2009-04-03 18 0 MEMORANDUM AND ORDER granting 15 Motion to Continue as to Clark Alan Roberts (1), Sean Edward Howley (2). The trial of this matter is reset to commence on July 21, 2009, at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Judge; All time between the April 3, 2009 hearing, and the new trial date of July 21, 2009, is fully excludable time under the Speedy TrialAct for the reasons set forth herein; The discovery deadline is reset to April 10, 2009; Pretrial motions are due on or before May 15, 2009; Responses are due on June 5, 2009; A pretrial conference before the undersigned is set for June 23, 2009, at 9:30 a.m. This date shall also be the deadline for reciprocaldiscovery; and The plea cutoff deadline in this case is July 6, 2009. Signed by Magistrate Judge C Clifford Shirley on 4/3/2009. (DCP, ) (Entered: 04/03/2009)
2009-05-01 19 0 MOTION to Suppress Statement by Sean Edward Howley. (Trant, Douglas) (Entered: 05/01/2009)
2009-05-01 20 0 MEMORANDUM in Support of 19 MOTION to Suppress Statement (Trant, Douglas) (Entered: 05/01/2009)
2009-05-05 21 0 MOTION to Seal Motion to Suppress the Search by Sean Edward Howley. (Trant, Douglas) (Entered: 05/05/2009)
2009-05-08 22 0 MEMORANDUM and ORDER granting 21 Motion to Seal as to Sean Edward Howley (2)Signed by Magistrate Judge C Clifford Shirley on 5/8/09. (NGW) (Entered: 05/08/2009)
2009-05-12 23 0 MOTION to Require Government to Prove the Alleged Trade Secret by Sean Edward Howley. (Trant, Douglas) (Entered: 05/12/2009)
2009-05-12 24 0 MEMORANDUM in Support of 23 MOTION to Require Government to Prove the Alleged Trade Secret (Trant, Douglas) (Entered: 05/12/2009)
2009-05-11 25 0 MOTION to Suppress by Sean Edward Howley. (RLK) Modified on 5/12/2009 to set security restrictions to sealed (RLK). (Entered: 05/12/2009)
2009-05-11 26 0 MEMORANDUM in Support of 25 MOTION to Suppress filed by Sean Edward Howley. (RLK) Modified on 5/12/2009 to set security restriction to sealed. (RLK). (Entered: 05/12/2009)
2009-05-14 27 0 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF FAILURE TO STATE AN OFFENSE AND CONSTITUTIONAL AND PROCEDURAL INSUFFICIENCIES by Clark Alan Roberts. (Johnson, Stephen) (Entered: 05/14/2009)
2009-05-14 28 0 MEMORANDUM in Support of 27 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF FAILURE TO STATE AN OFFENSE AND CONSTITUTIONAL AND PROCEDURAL INSUFFICIENCIES (Johnson, Stephen) (Entered: 05/14/2009)
2009-05-14 29 0 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF UNCONSTITUTIONAL VAGUENESS by Clark Alan Roberts. (Johnson, Stephen) (Entered: 05/14/2009)
2009-05-14 30 0 MEMORANDUM in Support of 29 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF UNCONSTITUTIONAL VAGUENESS (Johnson, Stephen) (Entered: 05/14/2009)
2009-05-15 31 0 MOTION Adopt Motions of Clark Alan Roberts (Docs 27, 28, 29, 30) by Sean Edward Howley. (Trant, Douglas) (Entered: 05/15/2009)
2009-05-15 32 0 MOTION for Hearing to Determine Existence of Conspiracy by Clark Alan Roberts. (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 33 0 MEMORANDUM in Support of 32 MOTION for Hearing to Determine Existence of Conspiracy (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 34 0 MOTION for Bill of Particulars by Clark Alan Roberts. (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 35 0 MEMORANDUM in Support of 34 MOTION for Bill of Particulars (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 36 0 MOTION to Exclude Statements of Co-Defendant or, in the Alternative, for Severance by Clark Alan Roberts. (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 37 0 MEMORANDUM in Support of 36 MOTION to Exclude Statements of Co-Defendant or, in the Alternative, for Severance (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 38 0 MOTION FOR NOTICE PURSUANT TO RULE 12(b)(4)(B) OF GOVERNMENTS INTENTION TO USE EVIDENCE ARGUABLY SUBJECT TO SUPPRESSION by Clark Alan Roberts. (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 39 0 MOTION to Suppress by Clark Alan Roberts. (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 40 0 MEMORANDUM in Support of 39 MOTION to Suppress (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 41 0 MOTION to Take Deposition to Preserve Testimony for Trial by Clark Alan Roberts. (Johnson, Stephen) (Entered: 05/15/2009)
2009-05-15 42 0 MOTION to Compel Discovery by Clark Alan Roberts. (Attachments: # 1 Exhibit April 20, 2009 Request for Discovery, # 2 Exhibit May 8, 2009 Second Request for Discovery)(Johnson, Stephen) (Entered: 05/15/2009)
2009-05-18 43 0 MOTION to Adopt Motions No. 32, 33, 34, 35, 38, 39, 40, 41, and 42 filed by Co-Defendant by Sean Edward Howley. (Trant, Douglas) (Entered: 05/18/2009)
2009-06-05 44 0 RESPONSE to Motion by USA as to Clark Alan Roberts, Sean Edward Howley re 29 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF UNCONSTITUTIONAL VAGUENESS (Weddle, D) Modified on 6/8/2009 to remove pdf - incomplete filing; refiled as 54 (ANB). (Entered: 06/05/2009)
2009-06-05 45 0 RESPONSE to Motion by USA as to Clark Alan Roberts, Sean Edward Howley re 34 MOTION for Bill of Particulars (Weddle, D) (Entered: 06/05/2009)
2009-06-05 46 0 RESPONSE to Motion by USA as to Sean Edward Howley re 19 MOTION to Suppress Statement (Weddle, D) Modified text on 6/8/2009 (ANB). (Entered: 06/05/2009)
2009-06-05 47 0 RESPONSE to Motion by USA as to Clark Alan Roberts, Sean Edward Howley re 41 MOTION to Take Deposition to Preserve Testimony for Trial (Weddle, D) (Entered: 06/05/2009)
2009-06-05 48 0 RESPONSE to Motion by USA as to Clark Alan Roberts re 38 MOTION FOR NOTICE PURSUANT TO RULE 12(b)(4)(B) OF GOVERNMENTS INTENTION TO USE EVIDENCE ARGUABLY SUBJECT TO SUPPRESSION (Weddle, D) Modified text on 6/8/2009 (ANB). (Entered: 06/05/2009)
2009-06-05 49 0 RESPONSE to Motion by USA as to Clark Alan Roberts re 42 MOTION to Compel Discovery (Weddle, D) Modified text on 6/8/2009 (ANB). (Entered: 06/05/2009)
2009-06-05 50 0 RESPONSE to Motion by USA as to Sean Edward Howley re 19 MOTION to Suppress Statement (Weddle, D) Modified text on 6/8/2009 (ANB). (Entered: 06/05/2009)
2009-06-05 51 0 RESPONSE to Motion by USA as to Clark Alan Robert re 32 MOTION for Hearing to Determine Existence of Conspiracy (Weddle, D) Modified text on 6/8/2009 (ANB). (Entered: 06/05/2009)
2009-06-05 52 0 RESPONSE to Motion by USA as to Clark Alan Roberts re 36 MOTION to Exclude Statements of Co-Defendant or, in the Alternative, for Severance (Weddle, D) Modified text on 6/8/2009 (ANB). (Entered: 06/05/2009)
2009-06-05 53 0 RESPONSE to Motion by USA as to Clark Alan Roberts re 39 MOTION to Suppress (Weddle, D) Modified text on 6/8/2009 (ANB). (Entered: 06/05/2009)
2009-06-05 54 0 RESPONSE in Opposition by USA as to Clark Alan Roberts, Sean Edward Howley re 27 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF FAILURE TO STATE AN OFFENSE AND CONSTITUTIONAL AND PROCEDURAL INSUFFICIENCIES, 31 MOTION Adopt Motions of Clark Alan Roberts (Docs 27, 28, 29, 30), 29 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF UNCONSTITUTIONAL VAGUENESS (Weddle, D) (Entered: 06/05/2009)
2009-06-05 55 0 RESPONSE in Opposition by USA as to Clark Alan Roberts, Sean Edward Howley re 23 MOTION to Require Government to Prove the Alleged Trade Secret (Weddle, D) (Entered: 06/05/2009)
2009-06-10 56 0 Joint MOTION to Continue TRIAL SETTING AND MODIFY CERTAIN DEADLINES IN THE ORDER ON DISCOVERY AND SCHEDULING by Clark Alan Roberts as to Clark Alan Roberts, Sean Edward Howley. (Johnson, Stephen) Modified docket text on 6/11/2009 (MGM ). (Entered: 06/10/2009)
2009-06-10 57 0 REPLY TO RESPONSE to Motion by Clark Alan Roberts re 32 MOTION for Hearing to Determine Existence of Conspiracy (Johnson, Stephen) (Entered: 06/10/2009)
2009-06-11 58 0 MOTION Adopt Reply to Government's Response to Motion for Hearing to Determine Existence of Conspiracy filed by Clark Alan Roberts by Sean Edward Howley. (Trant, Douglas) (Entered: 06/11/2009)
2009-06-11 59 0 REPLY TO RESPONSE to Motion by Clark Alan Roberts re 34 MOTION for Bill of Particulars (Johnson, Stephen) (Entered: 06/11/2009)
2009-06-11 60 0 RESPONSE re 50 Response to Motion to Suppress (Trant, Douglas) (Entered: 06/11/2009)
2009-06-11 61 0 REPLY TO RESPONSE to Motion by Clark Alan Roberts re 39 MOTION to Suppress (Johnson, Stephen) (Entered: 06/11/2009)
2009-06-12 62 0 MOTION to Adopt 59 Reply to Response and 61 Reply to Response filed by Clark Alan Roberts by Sean Edward Howley as to Sean Edward Howley. (Trant, Douglas) Modified text on 6/15/2009 (AYB). (Entered: 06/12/2009)
2009-06-12 63 0 REPLY TO RESPONSE to Motion by Clark Alan Roberts re 27 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF FAILURE TO STATE AN OFFENSE AND CONSTITUTIONAL AND PROCEDURAL INSUFFICIENCIES, 29 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF UNCONSTITUTIONAL VAGUENESS (Johnson, Stephen) (Entered: 06/12/2009)
2009-06-12 64 0 REPLY TO RESPONSE to Motion by Clark Alan Roberts re 41 MOTION to Take Deposition to Preserve Testimony for Trial (Johnson, Stephen) (Entered: 06/12/2009)
2009-06-12 65 0 REPLY TO RESPONSE to Motion by Clark Alan Roberts re 38 MOTION FOR NOTICE PURSUANT TO RULE 12(b)(4)(B) OF GOVERNMENTS INTENTION TO USE EVIDENCE ARGUABLY SUBJECT TO SUPPRESSION (Johnson, Stephen) (Entered: 06/12/2009)
2009-06-12 66 0 REPLY TO RESPONSE to Motion by Clark Alan Roberts re 42 MOTION to Compel Discovery (Johnson, Stephen) (Entered: 06/12/2009)
2009-06-22 67 0 MOTION to Adopt 63 Reply to Response, filed by Clark Alan Roberts, 66 Reply to Response filed by Clark Alan Roberts, 64 Reply to Response filed by Clark Alan Roberts, 65 Reply to Response filed by Clark Alan Roberts by Sean Edward Howley. (Trant, Douglas) Modified text on 7/27/2009 (AYB). (Entered: 06/22/2009)
2009-06-23 68 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley: Motion Hearing as to Clark Alan Roberts, Sean Edward Howley held on 6/23/2009 re 56 MOTION to Continue TRIAL SETTING AND MODIFY CERTAIN DEADLINES IN THE ORDER ON DISCOVERY AND SCHEDULING filed by Clark Alan Roberts. For reasons stated in open Court, the Court granted the Motion. The parties agreed on a new Trial date of 2/9/2010 at 9:00 before the Honorable Thomas W. Phillips. The Court found and the parties agreed that all the time between now and the new trial date are fully excludable for Speedy Trial purposes. The trial of this case is expected to last approximately 2 weeks. The parties are to inform the Court if they are not able to resolve their discovery issues. The Court set a Non Evidentiary Motion hearing date for Thursday,Sept 10, 2009 at 9:30 a.m. The Court will also take up the Motions to Dismiss at this hearing. The Court also set an Evidentiary/ Suppress Motion Hearing for Wednesday, October 14, 2009 at 9:30. Order to follow. (Court Reporter Dana Holloway (Miller & Miller).) (DCP, ) (Entered: 06/23/2009)
2009-06-24 69 0 MEMORANDUM AND ORDER granting Defendant's Joint 56 Motion to Continue Trial Setting and Modify Certain Deadlines in the Order on Discovery and Scheduling as to Clark Alan Roberts (1), Sean Edward Howley (2). The trial of this matter is reset to commence on February 9, 2010, at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Judge. All time between the June 23, 2009 hearing, and the new trial date of February 9, 2010, is fully excludable time under the Speedy Trial Act for reasons set out in this order. The parties are to appear before the undersigned on September 10, 2009, at 9:30 a.m., for a hearing on all non-evidentiary motions; An evidentiary hearing on the pending suppression motions is set for October 14, 2009, at 9:30 a.m. and if the parties wish to file any additional pretrial motions, they must move for leave to do so no later that July 24 for discovery motions and August 21 for all other pretrial motions. Signed by Magistrate Judge C Clifford Shirley on 6/24/2009. (DCP, ) (Entered: 06/25/2009)
2009-07-24 70 0 MOTION for Leave to File the Second Motion to Compel Discovery and for Production of Rule 16(a)(1)(G) materials by Clark Alan Roberts. (Attachments: # 1 Other Second Motion to Compel and for Production of Rule 16(a)(1)(G) Materials, # 2 Exhibit Discovery Request dated June 17, 2009, # 3 Exhibit Response to Discovery Request dated June 20, 2009)(Johnson, Stephen) Modified text on 7/27/2009 (AYB). (Entered: 07/24/2009)
2009-07-27 71 0 MOTION to Adopt 70 MOTION for Leave to File the Second Motion to Compel Discovery and for Production of Rule 16(a)(1)(G) materials filed by Clark Alan Roberts by Sean Edward Howley. (Trant, Douglas) Modified text on 7/27/2009 (AYB). (Entered: 07/27/2009)
2009-08-05 72 0 RESPONSE in Opposition by USA as to Clark Alan Roberts, Sean Edward Howley re 71 MOTION to Adopt 70 MOTION for Leave to File the Second Motion to Compel Discovery and for Production of Rule 16(a)(1)(G) materials (Weddle, D) (Entered: 08/05/2009)
2009-08-06 73 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley:Motion Hearing as to Clark Alan Roberts, Sean Edward Howley held on 8/6/2009 re 70 MOTION for Leave to File the Second Motion to Compel Discovery and for Production of Rule 16(a)(1)(G) materials filed by Clark Alan Roberts. The Motion hearing on 10/14/09 is reset from 9:30 a.m. to 1:00 p.m. (Court Reporter Netta Kocuba.) (DCP, ) Modified on 8/7/2009 (DCP, ). (Entered: 08/07/2009)
2009-09-09 74 0 MEMORANDUM AND ORDER - Defendant Howleys request to adopt the Motion to Compel and motion, Doc. 71 to adopt the Motion for Leave are GRANTED; The Defendants Motion for Leave, Doc. 70 to file a second discovery motion out of time is GRANTED; The Defendants Motion to Compel, Doc. 42 is DENIED asmoot; The Defendants Second Motion to Compel Discovery and for Production of Rule 16(a)(1)(G) Materials, Doc. [70-1] is GRANTED in part in that the parties will both provide early disclosure of expert materials and DENIED in part in that the Court finds no need to compel discovery or to permit additional motions with regard to discovery because the Government has provided the discovery at issue; The Government shall provide Rule 16 disclosure of its experts by November 30, 2009; The Defendants shall provide Rule 16 disclosure of their experts by January 8, 2010; A hearing on the remaining non-evidentiary motions is set for September 10, 2009, at 9:30 a.m.; and An evidentiary hearing on the pending suppression motions is set for October 14, 2009, at 1:00 p.m.. Signed by Magistrate Judge C Clifford Shirley on 9/9/2009. (DCP, ) (Entered: 09/09/2009)
2009-09-10 75 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley:Motion Hearing as to Clark Alan Roberts, Sean Edward Howley held on 9/10/2009 re non-evidentiary pending Motions 36 , 32 , 41 , 27 , 23 , 31 , 34 , 29 , and 38 . Oral argument by the parties. Attorney Douglas Trant moved to have his motion, doc. 31 withdrawn. The Court grants the motion. Attorney Douglas Trant also moved to have the suppression hearing reset from October 14, 2009. The Court finds good cause and resets the suppression hearing to October 22, 2009 at 10:00 a.m. Order to follow. (Court Reporter Jimmie Jane (Miller & Miller).) (DCP, ) (Main Document 75 replaced on 9/28/2009) (DCP, ). (Entered: 09/10/2009)
2009-10-08 76 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley:Motion Hearing as to Clark Alan Roberts, Sean Edward Howley held on 10/8/2009. (Motion Hearing RESET FROM 10/22/09 AT 10:00 A.M. TO 11/12/2009 01:00 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley.) (Court Reporter Lynda Clark (Miller & Miller).) (DCP, ) (Entered: 10/08/2009)
2009-10-13 77 0 SUBPOENA Returned Executed as to Andrew Fisher on 10/8/2009. (RLK) (Entered: 10/14/2009)
2009-11-12 78 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley:Suppression Hearing as to Clark Alan Roberts, Sean Edward Howley held on 11/12/2009. (Court Reporter Lynda Clark (MIller & Miller).) (DCP, ) (Entered: 11/13/2009)
2009-11-12 79 0 EXHIBIT AND WITNESS LIST from Suppression Hearing held on 11/12/2009. (DCP, ) (Entered: 11/13/2009)
2009-11-17 80 0 REPORT AND RECOMMENDATIONS as to Clark Alan Roberts, Sean Edward Howley re 27 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF FAILURE TO STATE AN OFFENSE AND CONSTITUTIONAL AND PROCEDURAL INSUFFICIENCIES, 29 MOTION to Dismiss SUPERSEDING INDICTMENT ON THE BASIS OF UNCONSTITUTIONAL VAGUENESS. For the reasons set out, it is RECOMMENDED that the defendants Motion to Dismiss the Superseding Indictment on the Basis of Failure to State an Offense and Constitutional and Procedural Deficiencies Doc. 27 and Motion to Dismiss the Superseding Indictment on the Basis of Unconstitutional Vagueness Doc. 29 be DENIED. Signed by Magistrate Judge C Clifford Shirley on 11/17/2009. (DCP, ) Modified on 11/27/2009 (DCP, ) links. (Entered: 11/17/2009)
2009-11-20 81 0 MEMORANDUM AND ORDER:1.) Defendant Howley's 23 Motion to Require the Government to Prove the Alleged Trade Secret is WITHDRAWN; 2.) Defendant Howley's 31 , 43 , 58 , 62 , AND 67 Motions to Adopt the motions, memoranda, and replies of Defendant Roberts are GRANTED;3.) The defendants' 32 Motion for Hearing to Determine the Existence of Conspiracy is DENIED; 4.) The defendants' 34 Motion for a Bill of Particulars is DENIED;5.) Defendant Robert's 36 Motion to Exclude Statements of Co-Defendant and Any Testimonial Statements of Non-Testifying Individuals From Any Joint Trial, or, in the Alternative, For Severance is DENIED in part as moot and in part aspremature as explained more fully above. The government shall disclose its proposed redacted version of Defendant Howley's statement to the defendants no later than ten (10) working days before trial;6.) The defendants' 38 Motion for Notice Pursuant to Rule 12(b)(4)(B) of Governments Intention to Use Evidence Arguably Subject to Suppression is DENIED as moot; and7.) The Court will hold the defendants' 41 Motion for Depositions to Preserve Testimony for Trial in abeyance until after its receipt of the defendants' supplemental motion, which is due on December 14, 2009, and the government's supplemental response, which is due by December 28, 2009.Signed by Magistrate Judge C Clifford Shirley on 11/20/2009. (KMK) (Entered: 11/20/2009)
2009-11-25 82 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Clark Alan Roberts, Sean Edward Howley held on 11/12/2009, before Judge C. Clifford Shirley, Jr.. Court Reporter/Transcriber Lynda Clark, Miller & Miller, Telephone number (865) 675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 12/14/2009. Redacted Transcript Deadline set for 12/23/2009. Release of Transcript Restriction set for 2/22/2010. (DCP, ) (Entered: 11/27/2009)
2009-11-30 83 0 OBJECTION TO REPORT AND RECOMMENDATIONS 80 by Clark Alan Roberts (Johnson, Stephen) Modified text on 11/30/2009 (AYB). (Entered: 11/30/2009)
2009-12-01 84 0 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 81 (Johnson, Stephen) Modified text on 12/1/2009 (AYB). (Entered: 12/01/2009)
2009-12-01 85 0 MOTION to Adopt 83 Objection to Report and Recommendations filed by Clark Alan Roberts by Sean Edward Howley. (Trant, Douglas) Modified text on 12/1/2009 (AYB). (Entered: 12/01/2009)
2009-12-14 86 0 RESPONSE in Opposition by USA as to Clark Alan Roberts, Sean Edward Howley re 85 MOTION to Adopt 83 Objection to Report and Recommendations filed by Clark Alan Roberts (Weddle, D) (Entered: 12/14/2009)
2009-12-15 87 0 RESPONSE in Opposition by USA as to Clark Alan Roberts, Sean Edward Howley re 84 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 81 (Weddle, D) (Entered: 12/15/2009)
2009-12-21 88 0 REPORT AND RECOMMENDATIONS as to Clark Alan Roberts, Sean Edward Howley re 39 MOTION to Suppress, 19 MOTION to Suppress Statement, 25 MOTION to Suppress: It is RECOMMENDED that the defendants' Motion to Suppress Statements (Doc. 19 ), Sealed Motion to Suppress Search Pursuant to Search Warrant (Doc. 25 ) and Motion to Suppress (Doc. 39 ) be DENIED. Signed by Magistrate Judge C Clifford Shirley on 12/21/2009. (KMK) (Entered: 12/21/2009)
2009-12-22 89 0 OBJECTION TO REPORT AND RECOMMENDATIONS 88 by Sean Edward Howley as to Sean Edward Howley (Trant, Douglas) (Entered: 12/22/2009)
2010-01-04 90 0 OBJECTION TO REPORT AND RECOMMENDATIONS 88 by Clark Alan Roberts as to Clark Alan Roberts (Johnson, Stephen) (Entered: 01/04/2010)
2010-01-05 91 0 ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Clark Alan Roberts and Sean Edward Howley. Defendant's objections to the R&R, Doc. 83 are hereby OVERRULED in their entirety whereby the R&R, Doc. 80 is ACCEPTED IN WHOLE.Accordingly, defendants' motions to dismiss the Superseding Indictment, Docs. 27 and 29 are DENIED in their entirety. Signed by District Judge Thomas W Phillips on January 5, 2010. (RLK) (Entered: 01/05/2010)
2010-01-05 92 0 ORDER denying 84 Appeal of Magistrate Judge Decision as to Clark Alan Roberts. Signed by District Judge Thomas W Phillips on January 5, 2010. (RLK) (Entered: 01/05/2010)
2010-01-06 93 0 MOTION to Adopt 90 Objection to Report and Recommendation filed by Clark Alan Roberts by Sean Edward Howley. (Trant, Douglas) Modified text on 1/7/2010 (AYB). (Entered: 01/06/2010)
2010-01-06 94 0 NOTICE OF FILING of Government Response regarding 89 OBJECTION TO 88 REPORT AND RECOMMENDATION by Sean Edward Howley (Dougherty, Thomas) Modified text on 1/7/2010 (AYB). (Entered: 01/06/2010)
2010-01-07 95 0 MEMORANDUM AND ORDER denying 41 Motion to Take Deposition as to Clark Alan Roberts (1), Sean Edward Howley (2) for reasons set out in this order. Signed by Magistrate Judge C Clifford Shirley on 1/7/2010. (DCP, ) (Entered: 01/07/2010)
2010-01-14 96 0 ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Clark Alan Roberts and Sean Edward Howley. Defendant Howley's motion to adopt the objections to the R&R filed bydefendant Roberts, Doc. 93 is GRANTED. For the foregoing reasons, as well as the reasons articulated by Magistrate Judge Shirley in his R&R, defendants objections to the R&R [Docs. 89, 90] are hereby OVERRULED in their entirety whereby the R&R, Doc. 88 is ACCEPTED IN WHOLE. Accordingly, defendant Howley's motion to suppress statements and motion to suppress search, Docs. 19 , 25 as well as defendant Roberts' motion to suppress, Doc. 39 are hereby DENIED. Signed by District Judge Thomas W Phillips on January 14, 2010. (RLK) (Entered: 01/14/2010)
2010-01-20 97 0 SECOND SUPERSEDING INDICTMENT as to Clark Alan Roberts and Sean Edward Howley charging counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11. (Attachments: # 1 Criminal Cover Sheet - Roberts, # 2 Criminal Cover Sheet - Howley)(RLK) (Entered: 01/21/2010)
2010-01-26 98 0 MOTION for Protective Order by USA as to Clark Alan Roberts, Sean Edward Howley. (Attachments: # 1 Text of Proposed Order)(Weddle, D) (Entered: 01/26/2010)
2010-02-02 99 0 MOTION to Continue by Sean Edward Howley. (Trant, Douglas) (Entered: 02/02/2010)
2010-02-04 100 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley:Telephone Conference as to Clark Alan Roberts, Sean Edward Howley held on 2/4/2010 re 99 MOTION to Continue filed by Sean Edward Howley. The Court continued the motion hearing. ( Motion Hearing CONTINUED TO 2/5/2010 02:30 PM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley.) Attorney Doug Trant may participate by phone. (Court Reporter Netta Kocuba.) (DCP, ) (Entered: 02/04/2010)
2010-02-05 101 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley:Motion Hearing as to Clark Alan Roberts, Sean Edward Howley held on 2/5/2010 re 99 MOTION to Continue filed by Sean Edward Howley, ( Jury Trial RESET for 3/23/2010 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas W Phillips.) (Court Reporter Jolene Owen.) (DCP, ) (Entered: 02/05/2010)
2010-02-05 102 0 RESPONSE in Opposition by Clark Alan Roberts re 98 MOTION for Protective Order (Johnson, Stephen) (Entered: 02/05/2010)
2010-02-05 103 0 NOTICE of Co-defendant's Adoption re 102 Response in Opposition (Johnson, Stephen) (Entered: 02/05/2010)
2010-02-08 104 0 MEMORANDUM AND ORDER granting 99 Motion to Continue as to Sean Edward Howley (2). The trial of this matter is reset to commence on March 23, 2010, at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Judge; All time between the February 5, 2010 hearing, and the new trial date of March 23, 2010, is fully excludable time under the Speedy Trial Act for the reasons set forth herein; The parties are to appear before the undersigned on February 16, 2010, at 9:30 a.m., for an arraignment on the Second SupersedingIndictment. Doc. 97 and a motion hearing on the Governments Motion for a Protective Order Doc. 98 ; Motions in limine must be filed no later than March 8, 2010; and Special requests for jury instructions with appropriate citations shall be submitted to the District Court by March 12, 2010. Signed by Magistrate Judge C Clifford Shirley on 2/8/2010. (DCP, ) (Entered: 02/08/2010)
2010-02-16 105 0 Minute Entry for proceedings held before Magistrate Judge C Clifford Shirley: Arraignment as to Clark Alan Roberts (1) Count 1ss,2ss,3ss,4ss-6ss,7ss,8ss-10ss,11ss and Sean Edward Howley (2) Count 1ss,2ss,3ss,4ss-6ss,7ss,8ss-10ss,11ss held on 2/16/2010 Not guilty plea entered., Motion Hearing as to Clark Alan Roberts, Sean Edward Howley held on 2/16/2010 re 98 MOTION for Protective Order filed by USA. Oral Argument heard. The Court will issue an order. (Court Reporter Agina Graham (Miller & MIller).) (DCP, ) (Entered: 02/16/2010)
2010-03-12 106 0 Proposed Jury Instructions by USA as to Clark Alan Roberts, Sean Edward Howley (Weddle, D) (Entered: 03/12/2010)
2010-03-12 107 0 Proposed Jury Instructions by Clark Alan Roberts (Johnson, Stephen) (Entered: 03/12/2010)
2010-03-16 108 0 MOTION to Adopt 107 Proposed Jury Instructions filed by Clark Alan Roberts by Sean Edward Howley. (Trant, Douglas) Modified text on 3/16/2010 (AYB). (Entered: 03/16/2010)
2010-03-16 109 0 MOTION to Exclude LATE-PRODUCED ALLEGED POST-ARREST STATEMENT OF DEFENDANT ROBERTS by Clark Alan Roberts. (Attachments: # 1 Exhibit FBI 302 Interview of Clark Roberts on 3/6/2009, # 2 Exhibit Request for Discovery)(Johnson, Stephen) (Entered: 03/16/2010)
2010-03-17 110 0 MEMORANDUM AND ORDER granting 98 Motion for Protective Order as to Clark Alan Roberts (1), Sean Edward Howley (2). Signed by Magistrate Judge C Clifford Shirley on 3/16/2010. (KMK) (Entered: 03/17/2010)
2010-03-17 111 0 Joint MOTION to Continue and Notice of Intent to Appeal Magistrate Judge's Memorandum and Order [Doc. 110] by Clark Alan Roberts, Sean Edward Howley. (Johnson, Stephen) (Entered: 03/17/2010)
2010-03-17 112 0 RESPONSE to Motion by USA as to Clark Alan Roberts re 109 MOTION to Exclude LATE-PRODUCED ALLEGED POST-ARREST STATEMENT OF DEFENDANT ROBERTS (Weddle, D) (Entered: 03/17/2010)
2010-03-22 113 0 ORDER granting 108 Motion to Adopt the proposed jury instructions as to Sean Edward Howley. Signed by District Judge Thomas W Phillips on March 22, 2010. (RLK) (Entered: 03/23/2010)
2010-03-23 114 0 Minute Entry for proceedings held before District Judge Thomas W Phillips:Motion Hearing as to Clark Alan Roberts, Sean Edward Howley held on 3/23/2010. The court grants the joint motion to continue, Doc. 111 . The court schedules an oral argument hearing for April 14, 2010 at 3:00 p.m. The trial of this matter is rescheduled to November 30, 2010 to begin at 9:00 a.m. A status conference will be held on October 21, 2010 at 10:00 a.m. Order to follow. (Court Reporter Jolene Owen) (RLK) (Main Document 114 replaced on 3/25/2010) (RLK). (Main Document 114 replaced on 10/21/2010) (RLK, ). (Entered: 03/23/2010)
2010-03-24 115 0 ORDER TO CONTINUE - Ends of Justice as to Clark Alan Roberts and Sean Edward Howley. Time excluded from March 17, 2010 until December 1, 2010. Jury Trial reset from 3/23/2010 to 12/1/2010 at 9:00 AM in Courtroom 4 - Knoxville before District Judge Thomas W Phillips. Motions terminated as to Clark Alan Roberts, Sean Edward Howley: 111 Joint MOTION to Continue and Notice of Intent to Appeal Magistrate Judge's Memorandum and Order [Doc. 110] filed by Clark Alan Roberts, Sean Edward Howley, 109 MOTION to Exclude LATE-PRODUCED ALLEGED POST-ARREST STATEMENT OF DEFENDANT ROBERTS filed by Clark Alan Robert. Signed by District Judge Thomas W Phillips on March 24, 2010. (RLK, ) (Entered: 03/24/2010)
2010-03-24 116 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Clark Alan Roberts, Sean Edward Howley held on 2/16/2010, before Judge C. Clifford Shirley, Jr.. Court Reporter/Transcriber Agina Graham (Miller & Miller), Telephone number (865) 675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 4/14/2010. Redacted Transcript Deadline set for 4/26/2010. Release of Transcript Restriction set for 6/22/2010. (DCP, ) (Entered: 03/24/2010)
2010-03-31 117 0 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Clark Alan Roberts re 110 Order on Motion for Protective Order (Johnson, Stephen) (Entered: 03/31/2010)
2010-03-31 118 0 MOTION for Relief from Page Limitations in Local Rule 7.1 re 117 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Clark Alan Roberts re 110 Order on Motion for Protective Order by Clark Alan Roberts as to Clark Alan Roberts, Sean Edward Howley. (Johnson, Stephen) (Entered: 03/31/2010)
2010-04-02 119 0 MOTION to Adopt 118 MOTION for Relief from Page Limitations in Local Rule 7.1 re 117 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Clark Alan Roberts re 110 Order on Motion for Protective Order filed by Clark Alan Roberts by Sean Edward Howley. (Trant, Douglas) Modified text on 4/5/2010 (AYB). (Entered: 04/02/2010)
2010-04-06 120 0 ORDER granting 118 Motion for leave to file a brief in excess of 25 pages as to Clark Alan Roberts. Signed by District Judge Thomas W Phillips on April 6, 2010. (RLK, ) (Entered: 04/06/2010)
2010-04-13 121 0 RESPONSE in Opposition by USA as to Clark Alan Roberts, Sean Edward Howley re 117 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Clark Alan Roberts re 110 Order on Motion for Protective Order (Weddle, D) (Entered: 04/13/2010)
2010-04-14 122 0 REPLY TO RESPONSE to Motion by Clark Alan Roberts re 117 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Clark Alan Roberts re 110 Order on Motion for Protective Order (Johnson, Stephen) (Entered: 04/14/2010)
2010-04-15 123 0 Minute Entry for proceedings held before District Judge Thomas W Phillips:Motion Hearing re 98 MOTION for Protective Order filed by USA held on 4/15/2010. Counsel addresses pending motions before the court. The court takes all matters under advisement. Order to follow at a later date. (Court Reporter Jolene Owen) (RLK) (Main Document 123 replaced on 4/21/2010) (RLK, ). (Entered: 04/15/2010)
2010-05-10 124 0 ORDER denying 117 Appeal of Magistrate Judge Decision as to Clark Alan Roberts and Sean Edward Howley. Signed by District Judge Thomas W Phillips on May 10, 2010. (RLK) (Entered: 05/11/2010)
2010-10-15 125 0 MOTION TO ENTER AGREED ORDER by Clark Alan Roberts. (Attachments: # 1 Text of Proposed Order Proposed Agreed Order)(Johnson, Stephen) (Entered: 10/15/2010)
2010-10-18 126 0 AMENDED STIPULATED PROTECTIVE ORDER as to Clark Alan Roberts, Sean Edward Howley re 17 Sealed Protective Order. Signed by Magistrate Judge C Clifford Shirley on 10/18/2010. (DCP, ) Modified on 11/19/2010 (DCP, ) (Motion to amend, doc. 125 granted.) (Entered: 10/19/2010)
2010-10-21 127 0 Minute Entry for proceedings held before District Judge Thomas W Phillips: Status Conference as to Clark Alan Roberts, and Sean Edward Howley held on 10/21/2010. Counsel advises the court they will be ready to proceed to trial on December 1, 2010. A charge conference will be held on 11/18/2010 at 9:00 AM in Courtroom 4 - Knoxville, before District Judge Thomas W Phillips. (Court Reporter Jimmie Jane McConnell, Miller and Miller Court Reporting) (RLK) (Entered: 10/22/2010)
2010-11-17 128 0 MOTION to Exclude STATEMENT AND LAWSUIT OF CO-DEFENDANT SEAN EDWARD HOWLEY OR, IN THE ALTERNATIVE, FOR SEVERANCE OF DEFENDANTS by Clark Alan Roberts. (Johnson, Stephen) (Entered: 11/17/2010)
2010-11-17 129 0 MEMORANDUM in Support of 128 MOTION to Exclude STATEMENT AND LAWSUIT OF CO-DEFENDANT SEAN EDWARD HOWLEY OR, IN THE ALTERNATIVE, FOR SEVERANCE OF DEFENDANTS (Attachments: # 1 Exhibit Nov. 3 Letter and Unredacted Howley Complaint, # 2 Exhibit Nov. 12 Letter and Redacted Howley FBI 302, # 3 Exhibit Nov. 16 Letter and Redacted Howley Complaint, # 4 Exhibit Unredacted Howley FBI 302, # 5 Exhibit Order - United States v. Parkes (Chief Judge Collier))(Johnson, Stephen) (Entered: 11/17/2010)
2010-11-18 130 0 RESPONSE to Motion by USA as to Clark Alan Roberts re 128 MOTION to Exclude STATEMENT AND LAWSUIT OF CO-DEFENDANT SEAN EDWARD HOWLEY OR, IN THE ALTERNATIVE, FOR SEVERANCE OF DEFENDANTS (Weddle, D) (Entered: 11/18/2010)
2010-11-19 131 0 ORDER granting in part and denying in part 128 Motion to Exclude as to Clark Alan Roberts (1). Signed by District Judge Thomas W Phillips on 11/19/2010. (SAC, ) (Entered: 11/19/2010)
2010-11-18 132 0 Minute Entry for proceedings held before District Judge Thomas W Phillips:Charge Conference as to Clark Alan Roberts, Sean Edward Howley held on 11/18/2010. Counsel addresses suggested changes for jury charge. The court modifies the jury charge. Counsel states this trial will be ready to proceed on December 1, 2010 at 9:00 a.m. (Court Reporter Jolene Owen) (RLK) (Entered: 11/19/2010)
2010-12-01 133 0 Minute Entry for proceedings held before District Judge Thomas W Phillips: Jury Trial - Day 1 as to Clark Alan Roberts and Sean Edward Howley held on 12/1/2010. Preliminary matters are heard before jury selection began. Government moves to dismiss Count 9. The Court grants the government's motion. Voir Dire. Jury Seated. Opening Statements. Proof for Govt begins. Witness called and exhibits filed. Trial continued for further testimony on Thursday, December 2, 2010 at 9:00 a.m. (Court Reporter Patti Antol, Miller and Miller Court Reporting) (RLK) (Main Document 133 replaced on 12/2/2010) (RLK, ). (Entered: 12/02/2010)
2010-12-02 134 0 Minute Entry for proceedings held before District Judge Thomas W Phillips: Jury Trial - Day 2 as to Clark Alan Roberts and Sean Edward Howley, held on 12/2/2010. Proof for Govt continues. Witnesses called and exhibits filed. Trial continued for further testimony on Friday, December 3, 2010 at 9:00 a.m. (Court Reporter Patti Antol, Miller and Miller Court Reporting) (RLK) (Entered: 12/03/2010)
2010-12-03 135 0 Minute Entry for proceedings held before District Judge Thomas W Phillips:Jury Trial - Day 3 as to Clark Alan Roberts, Sean Edward Howley held on 12/3/2010. Proof for Govt continues. Witnesses called and exhibits filed. Trial continued for further testimony on Monday, December 6, 2010 at 9:00 a.m. (Court Reporter Lynda Clark, Miller and Miller Court Reporting)(RLK) (Entered: 12/03/2010)
2010-12-06 136 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Clark Alan Roberts, Sean Edward Howley held on 11/12/2009, before Judge C. Clifford Shirley, Jr.. Court Reporter/Transcriber Lynda Clark (Miller & Miller), Telephone number (865) 675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 12/27/2010. Redacted Transcript Deadline set for 1/6/2011. Release of Transcript Restriction set for 3/7/2011. (DCP, ) (Entered: 12/06/2010)
2010-12-06 137 0 Minute Entry for proceedings held before District Judge Thomas W Phillips: Jury Trial - Day 4 as to Clark Alan Roberts and Sean Edward Howley held on 12/6/2010. Proof for Govt continues. Witnesses called and exhibits filed. Trial continued for further testimony on Tuesday, December 7, 2010 at 9:00 a.m. (Court Reporter Lynda Clark, Miller and Miller) (RLK) (Entered: 12/07/2010)
2010-12-07 138 0 Minute Entry for proceedings held before District Judge Thomas W Phillips: Jury Trial - Day 5 as to Clark Alan Roberts and Sean Edward Howley held on 12/7/2010. Proof for Govt continues. Witnesses called and exhibits filed. Government rests. Motion for judgment of acquittal made on behalf of defendants. Government responds. The court denies defendants' motion. Defendants rest. Motions for judgment of acquittal renewed. Government responds. The court denies defendants motion. Charge conference held. Trial continued for further testimony on Wednesday, December 8, 2010 at 9:00 a.m. (Court Reporter Kristen Schultz, Miller and Miller Court Reporting) (RLK) (Main Document 138 replaced on 12/8/2010) (RLK, ). (Entered: 12/08/2010)
2010-12-08 139 0 Minute Entry for proceedings held before District Judge Thomas W Phillips: Jury Trial - Day 6 as to Clark Alan Roberts and Sean Edward Howley held on 12/8/2010. Closing arguments. Jury charged. Jury retired to deliberate at 2:45 p.m. Jury dismissed at 5:00 p.m. Jury to return for further deliberations at 9:00 a.m. on Thursday, December 9, 2010. (Court Reporter Kristen Schultz, Miller and Miller Court Reporters) (RLK) (Entered: 12/09/2010)
2010-12-09 140 0 Minute Entry for proceedings held before District Judge Thomas W Phillips: Jury Trial - Day 7 as to Clark Alan Roberts and Sean Edward Howley held on 12/9/2010. Jury retired to deliberate at 9:00 a.m. Jury returned with a question at 9:30 a.m. Jury returned with a verdict at 3:45 p.m. See verdict form. Sentencing Hearings for both defendants scheduled for April 14, 2011 at 1:30 p.m. (Court Reporter Lynda Clark, Miller and Miller Court Reporting) Defendants Released on Conditions. (RLK) (Entered: 12/09/2010)
2010-12-09 141 0 EXHIBIT AND WITNESS LIST for Jury Trial held from December 1 - 9, 2010 as to Clark Alan Roberts and Sean Edward Howley. (RLK) (Main Document 141 replaced on 1/6/2011) (RLK, ). (Entered: 12/09/2010)
2010-12-09 142 0 JURY VERDICT as to Clark Alan Roberts. (RLK) (Entered: 12/09/2010)
2010-12-09 143 0 JURY VERDICT as to Sean Edward Howley. (RLK) (Entered: 12/09/2010)
2011-01-13 144 0 Letter from Tommy Spears on behalf of Clark Roberts. (RLK) (Entered: 01/14/2011)
2011-02-14 145 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings as to Clark Alan Roberts, Sean Edward Howley held on December 6, 2010, before Judge Thomas W. Phillips. Court Reporter/Transcriber Lynda Clark, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 3/7/2011. Redacted Transcript Deadline set for 3/17/2011. Release of Transcript Restriction set for 5/16/2011. (RLK, ) (Entered: 02/14/2011)
2011-04-25 146 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Clark Alan Roberts, Sean Edward Howley held on December 7, 2010, before Judge Thomas W. Phillips. Court Reporter/Transcriber Kristin Schultz, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/16/2011. Redacted Transcript Deadline set for 5/26/2011. Release of Transcript Restriction set for 7/25/2011. (RLK, ) (Entered: 04/25/2011)
2011-04-25 147 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Clark Alan Roberts, Sean Edward Howley held on December 8, 2010, before Judge Thomas W. Phillips. Court Reporter/Transcriber Kristin Schultz, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/16/2011. Redacted Transcript Deadline set for 5/26/2011. Release of Transcript Restriction set for 7/25/2011. (RLK) (Entered: 04/25/2011)
2011-05-04 148 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings - Jury Trial as to Clark Alan Roberts, Sean Edward Howley held on December 3, 2010, beginning at 9:00 a.m. before Judge Thomas W. Phillips. Court Reporter/Transcriber Lynda Clark, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/25/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/2/2011. (RLK, ) (Entered: 05/04/2011)
2011-05-04 149 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings - Jury Trial as to Clark Alan Roberts, Sean Edward Howley held on December 3, 2010, beginning at 1:30 p.m., before Judge Thomas W. Phillips. Court Reporter/Transcriber Lynda Clark, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/25/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/2/2011. (RLK, ) (Entered: 05/04/2011)
2011-05-04 150 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings - Jury Trial as to Clark Alan Roberts, Sean Edward Howley held on December 6, 2010, beginning at 9:00 a.m., before Judge Thomas W. Phillips. Court Reporter/Transcriber Lynda Clark, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/25/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/2/2011. (RLK, ) (Entered: 05/04/2011)
2011-05-04 151 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings - Jury Trial as to Clark Alan Roberts, Sean Edward Howley held on December 6, 2010, beginning at 1:15 p.m., before Judge Thomas W. Phillips. Court Reporter/Transcriber Lynda Clark, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/25/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/2/2011. (RLK, ) (Entered: 05/04/2011)
2011-05-04 152 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings - Jury Trial as to Clark Alan Roberts, Sean Edward Howley held on December 9, 2010, beginning at 9:00 a.m., before Judge Thomas W. Phillips. Court Reporter/Transcriber Lynda Clark, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/25/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/2/2011. (RLK, ) (Entered: 05/04/2011)
2011-05-06 153 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Clark Alan Roberts, Sean Edward Howley held on 10/8/2009, before Judge C. Clifford Shirley, Jr.. Court Reporter/Transcriber Lynda Clark (Miller & Miller), Telephone number (865) 675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/27/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/4/2011. (DCP) (Entered: 05/06/2011)
2011-05-06 154 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Clark Alan Roberts, Sean Edward Howley held on 11/12/2009, before Judge C. Clifford Shirley, Jr.. Court Reporter/Transcriber Lynda Clark (Miller & Miller), Telephone number (865) 675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/27/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/4/2011. (DCP) (Entered: 05/06/2011)
2011-05-09 155 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings (Volume I) as to Clark Alan Roberts, Sean Edward Howley held on December 2, 2010, before Judge Thomas W. Phillips. Court Reporter/Transcriber Patti Antol, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/31/2011. Redacted Transcript Deadline set for 6/9/2011. Release of Transcript Restriction set for 8/8/2011. (RLK) (Entered: 05/09/2011)
2011-05-09 156 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings (Volume II) as to Clark Alan Roberts, Sean Edward Howley held on December 2, 2010, before Judge Thomas W. Phillips. Court Reporter/Transcriber Patti Antol, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 5/31/2011. Redacted Transcript Deadline set for 6/9/2011. Release of Transcript Restriction set for 8/8/2011. (RLK, ) (Entered: 05/09/2011)
2011-05-19 157 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Proceedings (Day One) as to Clark Alan Roberts, Sean Edward Howley held on December 1, 2010, before Judge Thomas W. Phillips. Court Reporter/Transcriber Patti Antol, Miller and Miller Court Reporting, Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 6/9/2011. Redacted Transcript Deadline set for 6/20/2011. Release of Transcript Restriction set for 8/17/2011. (RLK) (Entered: 05/19/2011)
2011-08-11 158 0 MOTION for Downward Departure and Variance by Clark Alan Roberts. (Dillard, W) (Entered: 08/11/2011)
2011-08-11 159 0 MEMORANDUM in Support of 158 MOTION for Downward Departure and Variance (Attachments: # 1 Other Support Letters)(Dillard, W) (Entered: 08/11/2011)
2011-08-12 160 0 SENTENCING MEMORANDUM by USA as to Clark Alan Roberts, Sean Edward Howley (Attachments: # 1 Exhibit Goodyear Letter to USPO Thomas)(Weddle, D) (Entered: 08/12/2011)
2011-08-16 161 0 MOTION for Downward Departure and/or Variance by Sean Edward Howley. (Trant, Douglas) (Entered: 08/16/2011)
2011-08-16 162 0 SENTENCING MEMORANDUM by Sean Edward Howley (Attachments: # 1 Other Average Sent Length and Average Guideline Minimum)(Trant, Douglas) (Entered: 08/16/2011)
2011-08-17 163 0 MOTION Proceed in Forma Pauperis by Sean Edward Howley. (Attachments: # 1 Affidavit Financial) (Trant, Douglas) Modified on 8/18/2011 to remove .pdf. There is not yet an appeal which to relate the motion to appeal in forma pauperis (AYB). (Entered: 08/17/2011)
2011-08-17 164 0 RESPONSE re 160 Sentencing Memorandum Defendant Roberts' Response in Opposition to Government's Sentencing Memorandum (Attachments: # 1 Exhibit Defendant's Trial Exhibit 7, # 2 Exhibit Government's Trial Exhibit 16)(Johnson, Stephen) (Entered: 08/17/2011)
2011-08-19 165 0 MOTION Adopt re 164 Clark Alan Roberts's Response by Sean Edward Howley. (Trant, Douglas) Modified on 8/22/2011 to remove extra filer (AYB). (Entered: 08/19/2011)
2011-08-19 166 0 SUPPLEMENT to 161 MOTION for Downward Departure and/or Variance Additional Authority by Sean Edward Howley (Attachments: # 1 Supplement, # 2 Supplement)(Trant, Douglas) (Entered: 08/19/2011)
2011-08-22 167 0 ORDER granting 165 MOTION Adopt re 164 Clark Alan Roberts's Response as to Sean Edward Howley (2) signed by District Judge Thomas W Phillips on 8/22/2011. (JDH) (Entered: 08/22/2011)
2011-08-23 168 0 MOTION to Adopt 166 Supplement filed by Sean Edward Howley by Clark Alan Roberts. (Johnson, Stephen) (Entered: 08/23/2011)
2011-08-23 169 0 RESPONSE in Opposition by USA as to Clark Alan Roberts re 158 MOTION for Downward Departure and Variance (Weddle, D) (Entered: 08/23/2011)
2011-08-23 170 0 RESPONSE in Opposition by USA as to Sean Edward Howley re 161 MOTION for Downward Departure and/or Variance (Weddle, D) (Entered: 08/23/2011)
2011-08-23 171 0 USA Reply to Defendant Roberts' Response to the United States' Sentencing Memorandum 164 (Weddle, D) Modified text on 8/24/2011 (AYB). (Entered: 08/23/2011)
2011-08-24 172 0 ORDER granting 168 Motion to Adopt 161 MOTION for Downward Departure and/or Variance joined by Clark Alan Roberts (1) as to Clark Alan Roberts (1) signed by District Judge Thomas W Phillips on 8/24/2011. (JDH) (Entered: 08/24/2011)
2011-08-25 173 0 Minute Entry for proceedings held before District Judge Thomas W Phillips:Sentencing held on 8/25/2011 for Clark Alan Roberts (1). Denying 158 MOTION for Downward Departure and Variance filed by Clark Alan Roberts. Counts 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 of the Second Superseding Indictment - A term of probation of 4 years, this sentence consists of terms of 4 years of probation as to each of Counts 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11; all such terms to be served concurrently; a special assessment fee of $1,000.00; Count 9 of the Second Superseding Indictment - Dismissed upon motion of the government prior to trial. Court Reporter: Jolene Owen (JDH) (Entered: 08/25/2011)
2011-08-25 174 0 Minute Entry for proceedings held before District Judge Thomas W Phillips:Sentencing held on 8/25/2011 for Sean Edward Howley (2). Denying 161 MOTION for Downward Departure and/or Variance filed by Sean Edward Howley. Counts 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 of the Second Superseding Indictment - A term of probation of 4 years, this sentence consists of terms of 4 years of probation as to each of Counts 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11; all such terms to be served concurrently; a special assessment fee of $1,000.00; Count 9 of the Second Superseding Indictment - Dismissed upon motion of the government prior to trial. Court Reporter: Jolene Owen (JDH) (Entered: 08/25/2011)
2011-08-25 175 0 EXHIBIT/WITNESS LIST as to Clark Alan Roberts, Sean Edward Howley (JDH) (Entered: 08/25/2011)
2011-08-25 176 0 JUDGMENT as to Clark Alan Roberts (1): Counts 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 of the Second Superseding Indictment - A term of probation of 4 years, this sentence consists of terms of 4 years of probation as to each of Counts 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11; all such terms to be served concurrently; a special assessment fee of $1,000.00; Count 9 of the Second Superseding Indictment - Dismissed upon motion of the government prior to trial. Signed by District Judge Thomas W Phillips on 8/25/2011. [Cert copy forwarded to USMS] (JDH) (Entered: 08/25/2011)
2011-08-25 177 0 JUDGMENT as to Sean Edward Howley (2): Counts 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 of the Second Superseding Indictment - A term of probation of 4 years, this sentence consists of terms of 4 years of probation as to each of Counts 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11; all such terms to be served concurrently; a special assessment fee of $1,000.00; Count 9 of the Second Superseding Indictment - Dismissed upon motion of the government prior to trial. Signed by District Judge Thomas W Phillips on 8/25/2011. [Cert copy forwarded to USMS] (JDH) (Entered: 08/25/2011)
2011-08-26 178 0 MOTION for Leave to Appeal In Forma Pauperis by Sean Edward Howley. (Attachments: # 1 Affidavit Financial)(Trant, Douglas) Modified filers on 8/29/2011 (ABF). (Entered: 08/26/2011)
2011-08-29 179 0 NOTICE OF APPEAL by Sean Edward Howley re 177 Judgment,, (Trant, Douglas) (Entered: 08/29/2011)
2011-08-30 180 0 ORDER REFERRING 178 MOTION for Leave to Appeal In Forma Pauperis filed by Sean Edward Howley to the Honorable C. Clifford Shirley, United StatesMagistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and the Rules of this Court, fordisposition or for a report and recommendation as may be appropriate. Signed by District Judge Thomas W Phillips on 8/30/2011. (JDH) (Entered: 08/30/2011)
2011-08-31 181 0 SUPPLEMENT to 178 MOTION for Leave to Appeal In Forma Pauperis by Sean Edward Howley (Trant, Douglas) (Entered: 08/31/2011)
2011-09-02 182 0 ORDER granting 178 Motion for Leave to Appeal In Forma Pauperis as to Sean Edward Howley (2). Signed by Magistrate Judge H Bruce Guyton on 9/02/2011. (copy provided to USCA case manager) (KMK) (Entered: 09/02/2011)
2011-09-07 183 0 NOTICE OF APPEAL by Clark Alan Roberts re 176 Judgment,, Filing fee $ 455, receipt number 0649-1784393. (Johnson, Stephen) (Entered: 09/07/2011)
2011-09-20 184 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Clark Alan Roberts, Sean Edward Howley for dates of August 25, 2011, Sentencing hearing before Judge Thomas W. Phillips, re 179 Notice of Appeal - Final Judgment, 183 Notice of Appeal - Final Judgment Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 10/11/2011. Redacted Transcript Deadline set for 10/21/2011. Release of Transcript Restriction set for 12/19/2011. (JLO, ) (Entered: 09/20/2011)
2011-09-28 185 0 NOTICE OF APPEAL by USA as to Clark Alan Roberts, Sean Edward Howley (Weddle, D) (Entered: 09/28/2011)
2011-10-14 186 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Clark Alan Roberts, Sean Edward Howley for dates of September 10, 2009 before Judge C. Clifford Shirley, Jr., re 185 Notice of Appeal - Final Judgment, 179 Notice of Appeal - Final Judgment, 183 Notice of Appeal - Final Judgment Court Reporter/Transcriber Jimmie Jane McConnell (Miller & Miller), Telephone number 865-675-1471. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 11/4/2011. Redacted Transcript Deadline set for 11/14/2011. Release of Transcript Restriction set for 1/12/2012. (DCP) (Entered: 10/14/2011)
2011-10-21 187 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sean Edward Howley for dates of March 22, 2010 before Judge Thomas W. Phillips, re 179 Notice of Appeal - Final Judgment Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/21/2011. Release of Transcript Restriction set for 1/19/2012. (JLO, ) (Entered: 10/21/2011)
2011-10-21 188 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sean Edward Howley for dates of April 14, 2010 before Judge Thomas W. Phillips, re 179 Notice of Appeal - Final Judgment Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/21/2011. Release of Transcript Restriction set for 1/19/2012. (JLO, ) (Entered: 10/21/2011)
2012-01-27 189 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Clark Alan Roberts, Sean Edward Howley for dates of November 18, 2010 before Judge Thomas W. Phillips, re 179 Notice of Appeal - Final Judgment, 183 Notice of Appeal - Final Judgment Court Reporter/Transcriber Jolene Owen, Telephone number 865-384-6585. NOTICE RE REDACTION OF TRANSCRIPTS: 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. The policy is located on our website at www.tned.uscourts.gov. 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. Redaction Request due 2/17/2012. Redacted Transcript Deadline set for 2/27/2012. Release of Transcript Restriction set for 4/26/2012. (JLO, ) (Entered: 01/27/2012)
2013-01-28 190 0 {pro se} MOTION for Early Termination of supervised release by Sean Edward Howley. (ADA) (Entered: 01/28/2013)
2013-02-04 191 0 JUDGMENT and OPINION of USCA (certified copy) as to Clark Alan Roberts and Sean Edward Howley re 185 Notice of Appeal - Final Judgment, 179 Notice of Appeal - Final Judgment and 183 Notice of Appeal - Final Judgment. IN CONSIDERATION WHEREOF, it is ORDERED that the defendants convictions are AFFIRMED, their sentences are VACATED, and the case is REMANDED to the district court for resentencing. (Mandate to issue) (ADA) (Entered: 02/04/2013)
2013-02-05 192 0 RESPONSE to Motion by USA as to Sean Edward Howley re 190 MOTION for Early Termination of Probation for Sean Edward Howley (2) Count 1ss,2ss,3ss,4ss-6ss,7ss,8ss,10ss,11ss (Dougherty, Thomas) (Entered: 02/05/2013)
2013-02-08 193 0 ORDER denying defendant's pro se 190 Motion for Early Termination of Probation as to Sean Edward Howley (2). Signed by District Judge Thomas W Phillips on 2/8/13. (c/m) (ADA) (Entered: 02/08/2013)
2013-02-13 194 0 NOTICE OF ATTORNEY APPEARANCE Matthew T Morris appearing for USA. (Morris, Matthew) (Entered: 02/13/2013)
2013-02-26 195 0 MANDATE of USCA (certified copy) as to Sean Edward Howley re 179 Notice of Appeal - Final Judgment and 185 Notice of Appeal - Final Judgment. (IN CONSIDERATION WHEREOF, it is ORDERED that the defendants convictions are AFFIRMED, their sentences are VACATED, and the case is REMANDED to the district court for resentencing.) (ADA)(ADA) (Entered: 02/26/2013)
2013-02-27 196 0 NOTICE OF ATTORNEY APPEARANCE: David M Eldridge appearing for Sean Edward Howley (Eldridge, David) (Entered: 02/27/2013)