Case details

Court: txsd
Docket #: 4:16-cr-00275
Case Name: USA v. Lusk
PACER case #: 1368500
Date filed: 2016-06-23
Date terminated: 2017-05-30
Assigned to: Judge Nancy F Atlas

Parties

Represented Party Attorney & Contact Info
Derek D Lusk
Defendant (1)
TERMINATED: 05/30/2017		 
Charlotte Anne Herring
Federal Public Defender
440 Louisiana
Suite 1350
Houston, TX 77002
713-718-4600
Email: Charlotte_Herring@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Federal Public Defender - Houston
440 Louisiana
Ste 310
Houston, TX 77002
713-718-4600
Fax: 713-718-4610
Email: hou_ecf@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Philip G Gallagher
Office of the Fed Pub Def
440 Louisiana
Ste 1350
Houston, TX 77002-1634
713-718-4600
Email: philip_gallagher@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-06-02 1 0 COMPLAINT as to Derek D Lusk (1), filed. Initial Appearance set for 6/2/2016 at 02:00 PM before Magistrate Judge Dena Hanovice Palermo (kmurphy, 4) [4:16-mj-00831] (Entered: 06/02/2016)
2016-06-02 2 0 Sealed Motion to seal Affidavit, Motion and Order to Seal, filed. [4:16-mj-00831] (Entered: 06/02/2016)
2016-06-02 3 0 Sealed Order, filed. [4:16-mj-00831] (Entered: 06/02/2016)
2016-06-02 4 0 Sealed Affidavit, filed. [4:16-mj-00831] (Entered: 06/02/2016)
2016-06-02 5 0 Sealed Financial Affidavit CJA 23 by Derek D Lusk, filed. [4:16-mj-00831] (Entered: 06/03/2016)
2016-06-02 6 0 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Derek D Lusk. ( Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (kmurphy, 4) [4:16-mj-00831] (Entered: 06/03/2016)
2016-06-02 7 0 Order of Temporary Detention Pending Hearing as to Derek D Lusk Preliminary Examination & Detention Hearing set for 6/6/2016 at 11:30 AM in Courtroom 702 before Magistrate Judge Dena Hanovice Palermo ( Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (kmurphy, 4) [4:16-mj-00831] (Entered: 06/03/2016)
2016-06-06 8 0 WAIVER of Preliminary Hearing by Derek D Lusk, filed.(kmurphy, 4) [4:16-mj-00831] (Entered: 06/06/2016)
2016-06-06 9 0 WAIVER of Detention Hearing by Derek D Lusk, filed.(kmurphy, 4) [4:16-mj-00831] (Entered: 06/06/2016)
2016-06-06 10 0 ORDER OF DETENTION PENDING Trial as to Derek D Lusk (Signed by Magistrate Judge Dena Hanovice Palermo) Parties notified. (cfelchak, 4) [4:16-mj-00831] (Entered: 06/06/2016)
2016-06-16 12 0 Pretrial Services Report (Sealed) as to Derek D Lusk, filed. (pturner, ) [4:16-mj-00831] (Entered: 06/16/2016)
2016-06-23 13 0 INDICTMENT (The original indictment with the signature of the grand jury foreperson is on file under seal with the clerk) as to Derek D Lusk (1) count(s) 1, 2, 3, filed. (thanniable, 4) (Entered: 06/24/2016) 2017-04-23 22:44:47 bdef870b34e043c28a903aefea930ee1c3d9b3cd
2016-06-23 14 0 US Attys Criminal Docket Sheet as to Derek D Lusk, filed.(thanniable, 4) (Entered: 06/24/2016) 2017-04-23 22:47:47 94c5864a849ca29d6c0cbe264b45ac7e3d3e9552
2016-06-23 15 0 ORDER for Issuance of Notice of Indictment as to Derek D Lusk ( Signed by Magistrate Judge Stephen Smith) Parties notified. (thanniable, 4) (Entered: 06/24/2016)
2016-06-24 16 0 NOTICE OF SETTING as to Derek D Lusk. Arraignment set for 6/30/2016 at 10:00 AM in Courtroom 701 before Magistrate Judge Mary Milloy, filed. (thanniable, 4) (Entered: 06/24/2016)
2016-06-30 17 0 Minute Entry for proceedings held before Magistrate Judge Mary Milloy: ARRAIGNMENT as to Derek D Lusk (1) Count 1,2,3 held on 6/30/2016. Appearances: Kimberly Ann Bulger Leo, Charlotte Anne Herring.(Digital # 10:10-10:13)(ERO:S. Guevara) (Interpreter:none) Deft remanded to custody, filed.(lrivera, 2) (Entered: 06/30/2016)
2016-06-30 18 0 SCHEDULING ORDER as to Derek D Lusk. ETT:3 days: Motion Filing due by 7/15/2016. Responses due by 7/22/2016. Pretrial Conference set for 8/1/2016 at 01:00 PM before Judge Nancy F Atlas. Proposed Voir Dire due by 8/11/2016. Jury Selection set for 8/15/2016 at 09:30AM before Judge Nancy F Atlas. Jury Trial set for 8/15/2016 at 09:30 AM before Judge Nancy F Atlas ( Signed by Magistrate Judge Mary Milloy) Parties notified. (lrivera, 2) (Entered: 06/30/2016)
2016-07-15 19 0 Unopposed MOTION to Continue all dates by Derek D Lusk, filed. (Attachments: # 1 Proposed Order)(Herring, Charlotte) (Entered: 07/15/2016)
2016-07-29 20 0 NOTICE OF ATTORNEY APPEARANCE Jill Jenkins Stotts appearing for USA, filed.(bdaniel, 4) (Entered: 07/29/2016)
2016-08-01 21 0 HEARING MINUTES AND ORDER: Pretrial conference held as to Derek D Lusk; GRANTED 19 Unopposed MOTION to Continue all dates . Appearances: Jill Stotts. Appearances: Charlotte Anne Herring. Ct Reporter: ERO. Failure to grant the requested continuance in this proceeding will likely result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(B)(i). Thus, the interests of justice served by granting the continuance outweigh the best interests of the public and the Defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). The Court finds that a period of excludable delay commenced on July 15, 2016, and will continue until trial in this matter. See 18 U.S.C. §§ 3161(h)(7)(A) and (B). ( Status Conference set for 9/9/2016 at 01:00 PM in Courtroom 9F before Judge Nancy F Atlas) ( Signed by Judge Nancy F Atlas) Parties notified. (sashabranner, 4) (Entered: 08/01/2016)
2016-08-01 22 0 WAIVER of Speedy Trial by Derek D Lusk, filed.(sashabranner, 4) (Entered: 08/01/2016)
2016-09-09 23 0 HEARING MINUTES AND ORDER: Pretrial conference held as to Derek D Lusk Appearances: Kimberly Ann Bulger Leo, Charlotte Anne Herring. Ct Reporter: ERO. Status Conference set for 9/23/2016 at 12:30 PM in Courtroom 9F before Judge Nancy F Atlas ( Signed by Judge Nancy F Atlas) Parties notified. (sashabranner, 4) (Entered: 09/09/2016)
2016-09-20 24 0 NOTICE OF RESETTING as to Derek D Lusk. Status Conference set for 9/23/2016 at 11:00 AM (TIME CHANGE ONLY)in Courtroom 9F before Judge Nancy F Atlas, filed. (sashabranner, 4) (Entered: 09/20/2016)
2016-09-23 25 0 Minute Entry for proceedings held before Judge Nancy F Atlas: RE-ARRAIGNMENT held on 9/23/2016. Derek D Lusk (1) Guilty Count 2,3. Appearances:Jill Stotts. US Marshal - H, Charlotte Anne Herring.(ERO:yes) Deft remanded to Custody, filed.(sashabranner, 4) (Entered: 09/23/2016) 2017-04-23 22:50:18 0c0b345a51a372e661e1ceb49a147c676b4c2672
2016-09-23 26 0 PLEA AGREEMENT as to Derek D Lusk, filed. (sashabranner, 4) (Entered: 09/23/2016) 2017-04-23 23:02:10 190e15115eb341b612409489d604c08e31c61240
2016-09-23 27 0 ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Derek D Lusk. PSI Completion due by 10/28/2016 Objection to PSI due by 11/11/2016 Final PSI due by 11/25/2016 Sentencing set for 12/13/2016 at 01:30 PM in Courtroom 9F before Judge Nancy F Atlas ( Signed by Judge Nancy F Atlas) Parties notified. (sashabranner, 4) (Entered: 09/23/2016)
2016-09-23 28 0 PRELIMINARY ORDER OF FORFEITURE as to Derek D Lusk ( Signed by Judge Nancy F Atlas) Parties notified. (sashabranner, 4) (Entered: 09/23/2016)
2016-10-17 29 0 Resetting ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Derek D Lusk. PSI Completion due by 1/20/2017. Objection to PSI due by 2/3/2017. Final PSI due by 2/17/2017. Sentencing reset for 3/6/2017 at 10:00 AM in Courtroom 9F before Judge Nancy F Atlas. (Signed by Judge Nancy F Atlas) Parties notified. (wbostic, 4) (Entered: 10/17/2016)
2017-01-23 30 0 Resetting ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Derek D Lusk. PSI Completion due by 3/6/2017 Objection to PSI due by 3/20/2017 Final PSI due by 4/3/2017 Sentencing set for 4/10/2017 at 01:30 PM in Courtroom 9F before Judge Nancy F Atlas ( Signed by Judge Nancy F Atlas) Parties notified. (sashabranner, 4) (Entered: 01/23/2017)
2017-03-14 31 0 Resetting ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Derek D Lusk. PSI Completion due by 3/17/2017 Objection to PSI due by 3/31/2017 Final PSI due by 4/14/2017 Sentencing set for 4/24/2017 at 01:00 PM in Courtroom 9F before Judge Nancy F Atlas ( Signed by Judge Nancy F Atlas) Parties notified. (sashabranner, 4) (Entered: 03/14/2017)
2017-04-03 32 0 Objection to Presentence Investigation Report (Sealed) by Derek D Lusk, filed. (Entered: 04/03/2017)
2017-04-10 33 0 Statement of No Objections to PSR (Sealed) by USA as to Derek D Lusk, filed. (Entered: 04/10/2017)
2017-04-17 34 0 Final Presentence Investigation Report (Sealed) as to Derek D Lusk, filed. (ajennings, 4) (Entered: 04/17/2017)
2017-04-17 35 0 Sealed Addendum to 34 Final Presentence Investigation Report (Sealed) as to Derek D Lusk, filed. (ajennings, 4) (Entered: 04/17/2017)
2017-04-17 36 0 Confidential Sentencing Recommendation(Sealed) regarding Derek D Lusk, filed. (ajennings, 4) (Entered: 04/17/2017)
2017-04-20 37 0 Sentencing Memorandum (Sealed) by Derek D Lusk, filed. (Entered: 04/20/2017)
2017-04-24 38 0 Minute Entry for proceedings held before Judge Nancy F Atlas: Sentencing held on 4/25/2017 for Derek D Lusk (1), Count(s) 1, Dismissed on Government's motion.; Count(s) 2, 3, 100 months custody as to Count 2 and 100 months custody as to Count 3, all such terms to run concurrently, for a total of 100 months custody; 15 years SRT as to each of Counts 2 and 3 all such terms to run concurrently for a total of 15 years SRT; no fine. Court recommends drug counseling, sex abuse counseling, mental health counseling and Defendant to participate in an Educational program to obtain his GED. Restitution to be considered within 90 days of this sentencing. Restitution status hearing set for June 14, 2017 at 3:00 p.m. $200.00 special assessment on count 2 and 3; GRANTED Restitution status hearing set for 6/14/2017 at 03:00 PM at Courtroom 9F before Judge Nancy F Atlas Appearances: Jill Jenkins Stotts, Charlotte Anne Herring.(ERO:yes) Deft remanded to custody, filed.(sashabranner, 4) Modified on 4/25/2017 (sashabranner, 4). Modified on 4/25/2017 (sashabranner, 4). (Main Document 38 replaced on 4/25/2017) (sashabranner, 4). (Entered: 04/25/2017)
2017-04-24 39 0 NOTICE OF RIGHT TO APPEAL as to Derek D Lusk ( Signed by Judge Nancy F Atlas) Parties notified. (sashabranner, 4) (Entered: 04/25/2017)
2017-04-24 40 0 NOTICE of Special Assessment as to Derek D Lusk re 38 Sentencing, filed.(sashabranner, 4) (Entered: 04/25/2017)
2017-04-24 41 0 ORDER OF FORFEITURE AT SENTENCING as to Derek D Lusk ( Signed by Judge Nancy F Atlas) Parties notified. (sashabranner, 4) (Entered: 04/25/2017)
2017-05-30 42 0 JUDGMENT as to Derek D Lusk ( Signed by Judge Nancy F Atlas) Parties notified. (olindor, 4) (Entered: 05/31/2017)
2017-05-30 43 0 Statement of Reasons (Sealed) as to Derek D Lusk. NOTICE: Document available to applicable parties only. Authorized users enter CM/ECF Filer login and password first for authentication. Instructions available at http://www.txs.uscourts.gov/attorney-information - Electronic Access to Sealed Documents. Be sure to SAVE the document locally at the time of viewing, filed. (Entered: 05/31/2017)
2017-06-14 44 0 NOTICE OF RESETTING as to Derek D Lusk - regarding 38 Sentencing. Hearing set for 6/27/2017 at 03:00 PM at Courtroom 9F before Judge Nancy F Atlas, filed. (wbostic, 4) (Entered: 06/14/2017)
2017-06-19 45 0 Second Sealed Addendum to 34 Final Presentence Investigation Report (Sealed) as to Derek D Lusk, filed. (ticlark, 4) (Entered: 06/19/2017)
2017-06-20 46 0 Sealed Attachment to 45 2nd Sealed Addendum as to Derek D Lusk, filed. (ticlark, 4) (Entered: 06/20/2017)
2017-06-26 47 0 Unopposed MOTION to Continue Restitution hearing by Derek D Lusk, filed. (Attachments: # 1 Proposed Order)(Herring, Charlotte) (Entered: 06/26/2017)
2017-06-26 48 0 ORDER granting 47 Motion to Continue as to Derek D Lusk (1) Restitution Hearing reset for 7/12/2017 at 11:00 AM before Judge Nancy F Atlas.(Signed by Judge Nancy F Atlas.) Parties notified.(sashabranner, 4) (Entered: 06/26/2017)
2017-07-05 49 0 NOTICE OF RESETTING as to Derek D Lusk - regarding 48 Order on Motion to Continue.Resitution Hearing set for 7/12/2017 at 03:30 PM (TIME CHANGE ONLY)at Courtroom 9F before Judge Nancy F Atlas, filed. (sashabranner, 4) (Entered: 07/05/2017)