Case details

Court: txnd
Docket #: 3:10-cr-00117
Case Name: USA v. Randall
PACER case #: 195875
Date filed: 2010-05-03
Date terminated: 2010-09-30
Assigned to: Judge Reed C O'Connor

Parties

Represented Party Attorney & Contact Info
Brion Gary Randall
Defendant (1)
TERMINATED: 09/30/2010		 
Seth Kretzer
Law Office of Seth Kretzer
The Lyric Center
440 Louisiana, Suite 200
Houston, TX 77002
713/775-3050
Fax: 713/224-2815
Email: seth@kretzerfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Bar Status: Admitted/In Good Standing

Barry J Sorrels
Sorrels Udashen & Anton
2311 Cedar Springs Rd
Suite 250
Dallas, TX 75201
214/468-8100
Fax: 214/468-8104 FAX
Email: bjs@sualaw.com
TERMINATED: 10/07/2010
Designation: Retained
Bar Status: Admitted/In Good Standing

Stephanie Luce
Sorrels Udashen & Anton
2311 Cedar Springs Rd
Suite 250
Dallas, TX 75201
214/468-8100
Fax: 214/468-8104
Email: sal@sualaw.com
TERMINATED: 10/07/2010
Designation: Retained
Bar Status: Admitted/In Good Standing

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-05-03 1 0 FELONY INFORMATION as to Brion Gary Randall (1) count(s) 1, 2. (tln) (Entered: 05/04/2010)
2010-05-03 2 0 Factual Resume as to Brion Gary Randall. (tln) (Entered: 05/04/2010)
2010-05-03 3 0 WAIVER OF INDICTMENT by Brion Gary Randall. (tln) (Entered: 05/04/2010)
2010-05-04 4 0 ELECTRONIC ORDER as to Brion Gary Randall - Arraignment Proceedings are hereby set for 5/18/2010 at 09:00 AM before Magistrate Judge Paul D Stickney. (Ordered by Judge Ed Kinkeade on 5/4/2010) (chmb) (Entered: 05/04/2010)
2010-05-18 5 0 Sentencing Scheduling Order as to Brion Gary Randall: Presentence Investigation Report due by 7/28/2010. Objections to Presentence Investigation Report due by 8/11/2010. Presentence Investigation Addendum due by 8/25/2010. Objections to Presentence Investigation Addendum due by 9/8/2010. Sentencing set for 9/29/2010 09:30 AM before Judge Ed Kinkeade. (See Order) (Ordered by Judge Ed Kinkeade on 5/18/2010) (dnc) (Entered: 05/19/2010)
2010-05-18 6 0 ORDER Setting Conditions of Release as to Brion Gary Randall (1) PR Bond. (Ordered by Magistrate Judge Paul D Stickney on 5/18/2010) (skt) (Entered: 05/19/2010)
2010-05-18 7 0 NOTICE/CONSENT REGARDING ENTRY OF A PLEA OF GUILTY as to Brion Gary Randall. (skt) (Entered: 05/19/2010)
2010-05-18 8 0 REPORT AND RECOMMENDATION Concerning Plea of Guilty as to Brion Gary Randall. (Ordered by Magistrate Judge Paul D Stickney on 5/18/2010) (skt) (Entered: 05/19/2010)
2010-06-02 9 0 ORDER ACCEPTING 8 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY (See Order.) (Ordered by Judge Ed Kinkeade on 6/2/2010) (twd) (Entered: 06/03/2010)
2010-09-23 14 0 ORDER: This case is hereby TRANSFERRED to the Honorable Reed O'Connor for sentencing, and shall henceforth carry the suffix letter "O". (Ordered by Judge Ed Kinkeade on 9/23/2010) (tln) (Entered: 09/23/2010)
2010-09-23 15 0 ELECTRONIC Sentencing set for 9/30/2010 09:30 AM in US Courthouse, Courtroom 1516, 1100 Commerce St., Dallas, TX, 75242-1310 before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 9/23/2010) (chmb) (Entered: 09/23/2010)
2010-09-28 16 0 OBJECTIONS to 14 Order Transferring the Sentencing Hearing from the Hon. Judge Kinkeade to the Hon. Judge O'Connor, MOTION to Vacate 14 Order Transferring Sentencing Hearing filed by Brion Gary Randall with Brief/Memorandum in Support. (Sorrels, Barry) Modified on 9/29/2010 (mfw). (Entered: 09/28/2010)
2010-09-28 17 0 MOTION to Continue Sentencing Hearing and Motion for Access to all Documents of Any King filed by Brion Gary Randall (Sorrels, Barry). Added MOTION on 9/29/2010 (mfw). (Entered: 09/28/2010)
2010-09-28 18 0 RESPONSE by USA as to Brion Gary Randall re: 17 MOTION to Continue Sentencing Hearing and Motion for Access to all Documents of Any King (Stokes-DOJ, Christopher) (Entered: 09/28/2010)
2010-09-29 19 0 RESPONSE by USA as to Brion Gary Randall re: 17 MOTION to Continue Sentencing Hearing and Motion for Access to all Documents of Any King (Stokes-DOJ, Christopher) (Entered: 09/29/2010)
2010-09-29 20 0 RESPONSE by USA as to Brion Gary Randall re: 16 MOTION to Vacate (Stokes-DOJ, Christopher) (Entered: 09/29/2010)
2010-09-29 21 0 ORDER denying 16 Motion to Vacate the Transfer Order; denying 17 Motion for a Continuance and Access to all Documents as to Brion Gary Randall (1) (See Order.) (Ordered by Judge Reed C O'Connor on 9/29/2010) (twd) (Entered: 09/29/2010)
2010-09-29 22 0 MOTION Voluntary Surrender and to Designate Federal Facility filed by Brion Gary Randall (Sorrels, Barry) (Entered: 09/29/2010)
2010-09-29 23 0 Second MOTION to Continue Sentencing Hearing filed by Brion Gary Randall (Sorrels, Barry) (Entered: 09/29/2010)
2010-09-29 24 0 MOTION for Recusal of Judge under 28 U.S.C. 455 filed by Brion Gary Randall with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1 Order Appointing Receiver, # 2 Exhibit(s) 2 Receiver's First Report, # 3 Exhibit(s) 3 Brian Marrin's Deposition, # 4 Exhibit(s) 4 Brian Marrin's Deposition, cont'd., # 5 Exhibit(s) 5 David Cowen's Deposition, # 6 Exhibit(s) 5 David Cowen's Deposition, cont'd., # 7 Exhibit(s) 6 Donald Loper Deposition, # 8 Exhibit(s) 7 Subpoena, # 9 Exhibit(s) 8 Brion Randall Deposition) (Sorrels, Barry) (Entered: 09/29/2010)
2010-09-29 25 0 ORDER denying motion to recuse and denying second motion to continue. See order for details.(Ordered by Judge Reed C O'Connor on 9/29/2010) (Judge Reed C O'Connor) (Entered: 09/29/2010)
2010-09-29 26 0 ELECTRONIC ORDER denying 23 Motion to Continue as to Brion Gary Randall (1); see doc # 25.(Ordered by Judge Reed C O'Connor on 9/29/2010)(Judge Reed C O'Connor) (Entered: 09/29/2010)
2010-09-30 27 0 ELECTRONIC Minute Entry for Sentencing proceedings held before Judge Reed C O'Connor: The defendant, BRION GARY RANDALL, is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a term of ONE HUNDRED EIGHTY (180) months on each of Counts One and Two of the Two Count Information filed on May 3, 2010 to run concurrently. The Court recommends to the Federal Bureau of Prisons that the defendant be incarcerated at FCI Bryan, TX. Supervised Release for 3 years. MSA $200. Pursuant to the Mandatory Victims Restitution Act of 1996, the defendant is ordered to pay restitution in the amount of $5,496,343.64. No fine is ordered. The Defendant is remanded to the custody of the US Marshal. Attorney Appearances: AUSA - Christopher Stokes; Defense - Barry J. Sorrels. (Court Reporter: Shawn McRoberts) (Exhibits admitted) Time in Court - 1:30. (chmb) (Entered: 09/30/2010)
2010-09-30 28 0 JUDGMENT as to Brion Gary Randall (1), Count(s) 1, 2, BOP 180 months on each of Counts One and Two of the Two Count Information to run concurrently; S/R 36 months on each of Counts One and Two of the Two Count Information to run concurrently; MSA $200 for Counts One and Two. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Reed C O'Connor on 9/30/2010) (mfw) (Entered: 09/30/2010)
2010-09-30 30 0 Notice of Right to Appeal Sentence as to Brion Gary Randall. (tln) (Entered: 10/05/2010)
2010-10-06 31 0 MOTION to Withdraw as Attorney and Motion to Appoint Counsel by Barry Sorrels filed by Brion Gary Randall (Attachments: # 1 Exhibit(s) Affidavit of Indigency) (Sorrels, Barry) (Entered: 10/06/2010)
2010-10-06 32 0 ORDER REFERRING MOTION as to Brion Gary Randall re: 31 Motion to Withdraw as Attorney filed by Brion Gary Randall to Magistrate Judge Renee Harris Toliver. (Ordered by Judge Reed C O'Connor on 10/6/2010) (tln) (Entered: 10/06/2010)
2010-10-07 33 0 ORDER granting 31 MOTION to Withdraw as Attorney and Motion to Appoint Counsel. Stephanie A Luce and Barry J Sorrels withdrawn from case as to Brion Gary Randall (1). Seth Kretzer is appointed to represent the Defendant on appeal from his conviction. (Ordered by Magistrate Judge Renee Harris Toliver on 10/7/2010) (tln) (Entered: 10/07/2010)
2010-10-06 34 0 NOTICE OF APPEAL to the Fifth Circuit as to 28 Judgment by Brion Gary Randall. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (tln) (Entered: 10/07/2010)
2010-10-07 35 0 AFFIDAVIT Of Indigency by Brion Gary Randall. (tln) (Entered: 10/07/2010)
2010-10-07 36 0 NOTICE OF APPEAL to the Fifth Circuit by Brion Gary Randall. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Kretzer, Seth) (Entered: 10/07/2010)
2010-10-12 37 0 MOTION to Amend/Correct Judgment filed by USA as to Brion Gary Randall (Stokes-DOJ, Christopher) (Entered: 10/12/2010)
2010-10-25 38 0 ORDER granting 37 Motion to Correct Judgment as to Brion Gary Randall (1). An Amended Judgment will be filed forthwith. (See Order) (Ordered by Judge Reed C O'Connor on 10/25/2010) (dnc) (Entered: 10/25/2010)
2010-10-25 39 0 AMENDED JUDGMENT as to Brion Gary Randall (1), Count(s) 1, BOP 180 months; S/R 36 months; MSA $100; Count(s) 2, BOP 180 months; S/R 36 months; MSA $100; *Restitution in the amount of $5,526,343.64* (Ordered by Judge Reed C O'Connor on 10/25/2010) (dnc) (Entered: 10/25/2010)
2010-11-02 41 0 NOTICE OF FILING OF OFFICIAL ELECTRONIC TRANSCRIPT of Sentencing Proceedings as to Brion Gary Randall held on 09/30/2010 before Judge Reed O'Connor. Court Reporter/Transcriber Shawn McRoberts, Telephone number (214) 753-2349. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 11/23/2010. Redacted Transcript Deadline set for 12/3/2010. Release of Transcript Restriction set for 1/31/2011. (smm) (Entered: 11/02/2010)
2010-11-15 42 0 Received letter from USCA5 Re: Transcript (svc) (Entered: 11/17/2010)
2010-11-18 43 0 ***CJA 24 as to Brion Gary Randall: Authorization to Pay Shawn McRoberts $193.45 for Transcript, Voucher # 10118000009. (Ordered by Judge Reed C O'Connor on 11/17/2010) (mfw) (Entered: 11/19/2010)
2010-11-22 44 0 NOTICE OF FILING OF OFFICIAL ELECTRONIC TRANSCRIPT of NOTICE OF FILING OF OFFICIAL ELECTRONIC TRANSCRIPT of Arraignment and Initial Appearance Proceedings as to Brion Gary Randall held on 05/18/2010 before Judge Paul D. Stickney. Court Reporter, Linda J. Langford, Telephone number, 214-748-8068, or e-mail: lindajrob@aol.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 12/13/2010. Redacted Transcript Deadline set for 12/23/2010. Release of Transcript Restriction set for 2/22/2011. (ljr) Modified on 12/9/2010 (svc).Proceedings as to Brion Gary Randall held on 05/18/2010 before Judge Paul D. Stickney. Court Reporter, Linda J. Langford, Telephone number, 214-748-8068, or e-mail: lindajrob@aol.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 12/13/2010. Redacted Transcript Deadline set for 12/23/2010. Release of Transcript Restriction set for 2/22/2011. (ljr) Modified on 12/9/2010 to reflect proper proceeding was initial appearance and arraignment not rearraignment (svc). (Entered: 11/22/2010)
2010-12-30 45 0 ***CJA 24 as to Brion Gary Randall: Authorization to Pay Linda J Langford $ 113.15 for Transcript, Voucher # 101229000053. (Ordered by Judge David C Godbey on 12/17/2010) (axm) (Entered: 12/30/2010)
2011-03-30 47 0 Record on Appeal for USCA5 10-11024/x10-11054 (related to 34 , 36 appeal) as to Brion Gary Randall: Record consisting of: 2 Volume(s) ECF electronic record, 2 Volume(s) electronic transcript, 1 envelope(s) PSR/SOR, transmitted to USCA5 Shipped: Federal Express 296232215002561 (svc) (Entered: 03/30/2011)
2011-04-04 48 0 ORDER of USCA (certified copy) granting motion to supplement the record on appeal with letters; granting alternative motion to place material under seal filed by Appellee USA as to Brion Gary Randall. (svc) (Entered: 04/05/2011)
2011-04-13 49 0 Received letter from USCA5 acknowledging receipt of ROA. (skt) (Entered: 04/13/2011)
2011-09-27 50 0 Opinion of USCA (certified copy) in accordance with USCA judgment re 34 Notice of Appeal, filed by Brion Gary Randall, 36 Notice of Appeal, filed by Brion Gary Randall. (svc) (Entered: 09/30/2011)
2011-09-27 51 0 JUDGMENT/MANDATE of USCA as to 34 Notice of Appeal, filed by Brion Gary Randall, 36 Notice of Appeal, filed by Brion Gary Randall. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at www.txnd.uscourts.gov/Court Records). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) Electronic copy of the record has been recycled. PSR, Sealed documents returned and destroyed (svc) (Entered: 09/30/2011)