Case details

Court: txsd
Docket #: 4:98-cr-00266
Case Name: USA v. Bell
PACER case #: 215440
Date filed: 1998-07-22
Date terminated: 1998-12-15
Assigned to: Judge David Hittner

Parties

Represented Party Attorney & Contact Info
Danny Wayne Bell
Defendant (1)
(Bond: $50,000.00 w/$5,000.00 deposit) TERMINATED: 12/15/1998
Charles L Henke , Jr
Henke Law Firm LLP 3200 Southwest Freeway 34th Floor Houston, TX 77027 713-682-6300 Fax: 713-682-6363 Email: chenke@henkelawfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Dan B Gerson
Attorney at Law 917 Franklin 4th Floor Houston, TX 77002 713-227-5125 Fax: 713-227-5147 Email: digtexas@aol.com
TERMINATED: 12/15/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Robert A Ratliff
Attorney at Law 229 E Court St Ste 2 Cincinnati, OH 45202 513-721-2627
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1998-07-22 1 0 INDICTMENT as to Danny Wayne Bell (1) counts 1-2, filed. (cpeebles) (Entered: 07/24/1998)
1998-07-22 2 0 AO 257 Information Sheet as to Danny Wayne Bell, filed. (cpeebles) (Entered: 07/24/1998)
1998-07-22 3 0 ORDER for Issuance of Bench Warrant as to Danny Wayne Bell Govt recommends bond in amount of $50,000/10% ( Signed by Magistrate Judge Frances H. Stacy ), entered, (cpeebles) (Entered: 07/24/1998)
1998-07-30 4 0 First Appearance as to Danny Wayne Bell held before Magistrate Judge Frances H. Stacy Ct Reporter: ERO (Defendant informed of rights.) filed. M Pechacek f/Govt Deft appeared w/o cnsl. Bond set at $50,000/$5,000 deposit. Bond executed, deft released. (pgalvan) (Entered: 08/03/1998)
1998-07-30 5 0 CJA 23 FINANCIAL AFFIDAVIT by Danny Wayne Bell , filed. (pgalvan) (Entered: 08/03/1998)
1998-07-30 6 0 Arraignment as to Danny Wayne Bell held before Magistrate Judge Frances H. Stacy Ct Reporter: ERO , filed., Plea of Not Guilty: count(s) 1-2 A Martinez f/Govt C Henke f/deft. Deft REMANDED to custody until bond is executed. (pgalvan) (Entered: 08/03/1998)
1998-07-30 7 0 SCHEDULING ORDER as to Danny Wayne Bell setting Motion Filing deadline on 8/19/98; Motion Response deadline 8/29/98; Proposed Dire and Jury Charges by 9/15/98 Pretrial Conference for 9:30 9/22/98 Jury Trial for 10:00 9/29/98 before Judge David Hittner ( Signed by Magistrate Judge Frances H. Stacy ), entered. Parties ntfd. Waiver of Speedy Trial? yes (pgalvan) (Entered: 08/03/1998)
1998-07-30 8 0 WAIVER of Speedy Trial Limits by Danny Wayne Bell , filed. (pgalvan) (Entered: 08/03/1998)
1998-07-30 9 0 ORDER OF DETENTION PENDING HEARING as to Danny Wayne Bell ( Signed by Magistrate Judge Frances H. Stacy ), entered. (pjones) (Entered: 08/05/1998)
1998-08-03 10 0 CASH APPEARANCE BOND with Order Setting Conditions of Release entered by Danny Wayne Bell in Amount $ 50,000.00 w/$5,000.00 cash deposit Receipt # 4 480758, filed. ( Signed by Magistrate Judge Frances H. Stacy ) Bond Depositor: Ruthie Bell, 8207 Barlow, Houston, Tx. 77028. (pjones) (Entered: 08/05/1998)
1998-08-05 11 0 WARRANT Returned Executed as to Danny Wayne Bell on 7/30/98 , filed. (pgalvan) (Entered: 08/05/1998)
1998-08-07 12 0 ORDER as to Danny Wayne Bell ( Signed by Judge David Hittner ), entered. Parties ntfd. Parties to exchange all trial exhibits by 9/18/98, seven business days prior to date of jury selection set in the Docket Control Order. Failure to timely exchange all trial exhibits may result in dismissal of the case or other sanctions. (pgalvan) (Entered: 08/10/1998)
1998-08-19 13 0 MOTION by Danny Wayne Bell to substitute attorney Dan B. Gerson in place of Charles Henke , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-19 14 0 MOTION by Danny Wayne Bell to extend time to file motions , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-19 15 0 MOTION by Danny Wayne Bell (unopposed) to examine prospective jurors , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-19 16 0 MOTION by Danny Wayne Bell (unopposed) for production of favorable evidence , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-19 17 0 MOTION by Danny Wayne Bell (unopposed) for Govt to give notice of its intention to use evidence of other crimes, wrongs or bad acts under F.R.E. 404(b) , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-19 18 0 MOTION by Danny Wayne Bell (unopposed) for additional time to file additional motions , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-19 19 0 MOTION by Danny Wayne Bell for discovery and inspection , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-19 20 0 MOTION by Danny Wayne Bell (unopposed) for early disclosure of Jencks Act and Rule 26.2 material , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-19 21 0 MOTION by Danny Wayne Bell for leave to submit questionaire to prospective jurors , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-19 22 0 MOTION by Danny Wayne Bell (unopposed) for Rule 12(d) designation , filed. (cpeebles) (Entered: 08/20/1998)
1998-08-21 23 0 ORDER as to Danny Wayne Bell granting [18-1] motion (unopposed) for additional time to file additional motions and resetting scheduling order deadlines: Motion Response by 9/18/98; Motion Filing to 9/14/98 ( Signed by Judge David Hittner ), entered. Parties ntfd. (cpeebles) (Entered: 08/25/1998)
1998-08-21 24 0 ORDER as to Danny Wayne Bell granting [13-1] motion to substitute attorney Dan B. Gerson in place of Charles Henke; terminated attorney Charles L Henke Jr and added Dan B Gerson ( Signed by Judge David Hittner ), entered. Parties ntfd. (cpeebles) (Entered: 08/25/1998)
1998-08-25 25 0 MOTION by Danny Wayne Bell for production and discovery of evidence , filed. (cpeebles) (Entered: 08/27/1998)
1998-08-25 26 0 MOTION by Danny Wayne Bell in limine , filed. (cpeebles) (Entered: 08/27/1998)
1998-08-25 27 0 MOTION by Danny Wayne Bell for pretrial notice of 404(b) evidence of other crimes, wrongs or acts , filed. (cpeebles) (Entered: 08/27/1998)
1998-09-23 28 0 Re-Arraignment as to Danny Wayne Bell held before Judge David Hittner Ct Reporter: F. Warner Plea of Guilty: count 1 (Terminated motions - [27-1] motion for pretrial notice of 404(b) evidence of other crimes, wrongs or acts as to Danny Wayne Bell (1), [26-1] motion in limine as to Danny Wayne Bell (1), [25-1] motion for production and discovery of evidence as to Danny Wayne Bell (1), [22-1] motion (unopposed) for Rule 12(d) designation as to Danny Wayne Bell (1), [21-1] motion for leave to submit questionaire to prospective jurors as to Danny Wayne Bell (1), [20-1] motion (unopposed) for early disclosure of Jencks Act and Rule 26.2 material as to Danny Wayne Bell (1), [19-1] motion for discovery and inspection as to Danny Wayne Bell (1), [17-1] motion (unopposed) for Govt to give notice of its intention to use evidence of other crimes, wrongs or bad acts under F.R.E. 404(b) as to Danny Wayne Bell (1), [16-1] motion (unopposed) for production of favorable evidence as to Danny Wayne Bell (1), [15-1] motion (unopposed) to examine prospective jurors as to Danny Wayne Bell (1), [14-1] motion to extend time to file motions as to Danny Wayne Bell (1)) Appearances: A. Martinez f/Govt, D. Gerson f/Deft. PSI ordered. Bond continued. (cpeebles) (Entered: 09/24/1998)
1998-09-23 29 0 Plea Agreement as to Danny Wayne Bell, filed. (cpeebles) (Entered: 09/24/1998)
1998-09-23 30 0 ORDER for Disclosure of PSI as to Danny Wayne Bell: PSI completion by 11/9/98, Objections to PSI due 11/23/98, Final PSI due 12/7/98, Sentencing set for 9:45 12/15/98 before Judge David Hittner ( Signed by Judge David Hittner ), entered. Parties ntfd. (cpeebles) (Entered: 09/24/1998)
1998-12-04 31 0 OBJECTION by Danny Wayne Bell to Presentence Investigation Report , filed. (pjones) (Entered: 12/08/1998)
1998-12-11 32 0 Petition for Action on Pretrial Release regarding Danny Wayne Bell ( signed by Judge David Hittner ), entered. Court concurs with recommended action. (cpeebles) (Entered: 12/14/1998)
1998-12-11 33 0 STATEMENT of No Objections to Presentence Investigation Report by USA as to Danny Wayne Bell, filed. (cpeebles) (Entered: 12/14/1998)
1998-12-14 34 0 FINAL PRESENTENCE INVESTIGATION REPORT (Sealed) as to Danny Wayne Bell , filed. (pgalvan) (Entered: 12/14/1998)
1998-12-14 35 0 SEALED Confidential Sentencing Recommendation regarding Danny Wayne Bell to the Court, filed and placed in vault. (pgalvan) (Entered: 12/14/1998)
1998-12-15 36 0 MOTION by USA as to Danny Wayne Bell to dismiss count 2 , filed. (pgalvan) (Entered: 12/16/1998)
1998-12-15 37 0 ORDER granting [36-1] motion to dismiss count 2 as to Danny Wayne Bell (1) and DISMISSAL of Count(s) on Govt Motion Counts Dismissed: count(s) 2 ( Signed by Judge David Hittner ) , entered. Parties ntfd. (pgalvan) (Entered: 12/16/1998)
1998-12-15 38 0 Sentencing held before Judge David Hittner Ct Reporter: J. Smith Danny Wayne Bell (1) count 1. 46 mo. to serve, followed by 3 yrs SRT, filed. US Probation Officer: J. Cuellar Appearances: A. Martinez f/Govt, D. Gerson f/Deft. No fine. $100.00 special assessment on Ct. 1. Deft remanded to custody. (cpeebles) (Entered: 12/16/1998)
1998-12-17 39 0 JUDGMENT as to Danny Wayne Bell (1) count 1 ( Signed by Judge David Hittner ), entered. Parties ntfd. (cpeebles) (Entered: 12/21/1998)
1998-12-18 40 0 MOTION by Danny Wayne Bell for return of cash bail deposit , filed. (pjones) (Entered: 12/22/1998)
1998-12-22 41 0 MOTION by Danny Wayne Bell for new trial , filed. (pjones) (Entered: 12/23/1998)
1998-12-23 42 0 ORDER granting [40-1] motion for return of cash bail deposit as to Danny Wayne Bell (1) ( Signed by Judge David Hittner ), entered. Parties ntfd. Two copies of order forwarded to Finance for payment. (cpeebles) (Entered: 12/24/1998)
1998-12-29 43 0 NOTICE OF APPEAL of the judgment and sentence rendered on or about 12/15/98 by Danny Wayne Bell (1) count(s) 1 , filed. (khightower) (Entered: 12/30/1998)
1999-01-20 44 0 Transcript Order Form as to Danny Wayne Bell requesting transcript of guilty plea before Judge Hittner on 9/23/98 by Ct Reporter: F. Warner, filed. (cpeebles) (Entered: 01/22/1999)
1999-01-20 45 0 Transcript Order Form as to Danny Wayne Bell requesting transcript of sentencing before Judge Hittner on 12/15/98 by Ct Reporter: J. Smith, filed. (cpeebles) (Entered: 01/22/1999)
1999-01-21 46 0 RESPONSE by USA as to Danny Wayne Bell re: [41-1] motion for new trial, filed. (cpeebles) (Entered: 01/22/1999)
1999-02-17 47 0 ORDER as to Danny Wayne Bell denying [41-1] motion for new trial ( Signed by Judge David Hittner ), entered. Parties ntfd. (pgalvan) (Entered: 02/19/1999)
1999-03-17 48 0 TRANSCRIPT as to Danny Wayne Bell Re: [43-1] appeal Sentencing Hearing for dates of 12/15/98 before Judge Hittner , filed. Ct Reporter: J Smith (pgalvan) (Entered: 03/17/1999)
1999-04-23 49 0 TRANSCRIPT as to Danny Wayne Bell Re: [43-1] appeal Rearraignment Hearing for dates of 9/23/98 before Judge David Hittner , filed. Ct Reporter: Warner (ckrus) (Entered: 04/26/1999)
1999-08-26 50 0 Certified copy of Clerk's Office Order by Fifth Circuit Court of Appeals as to Danny Wayne Bell ; terminating [43-1] appeal; appeal is dismissed for want of prosecution for failure of appellant to file brief and record excerpts in compliance w/the rule, w/in the time fixed by the rules,filed. [U.S.C.A. No. 99-20011] (admin) (Entered: 08/31/1999)
1999-09-27 51 0 ORDER from U.S.C.A. reinstating [43-1] appeal as to Danny Wayne Bell Danny Wayne Bell (1) count(s) 1, filed. The unopposed motion of appellant to reinstate the appeal is granted. (USCA No. 99-20011) (khightower) (Entered: 09/27/1999)
2000-03-13 52 0 JUDGMENT OF USCA (certified copy) as to Danny Wayne Bell on Feb 16, 2000, Mandate Issued Mar 9, 2000, [43-1] appeal CCA No. 99-20011, dismissing appeal , filed. (pjones) (Entered: 03/15/2000)
2000-03-13 53 0 Copy of Fifth Circuit Court of Appeals Per Curiam as to Danny Wayne Bell , filed. Circuit No. 99-20011. (pjones) (Entered: 03/15/2000)
2000-04-26 54 0 MOTION by Danny Wayne Bell to vacate under 28 U.S.C. 2255 (CA H-00-1401) , filed. (pgalvan) (Entered: 04/26/2000)
2000-04-28 55 0 ORDER Response to motion to be filed by the govt by 6/2/00 as to Danny Wayne Bell for [54-1] motion to vacate under 28 U.S.C. 2255 ( Signed by Judge David Hittner ), entered. Parties ntfd. (ckrus) (Entered: 05/01/2000)
2000-05-11 56 0 RECEIPT of 2255 Motion by USA as to Danny Wayne Bell , filed. (fmremp) (Entered: 05/11/2000)
2000-05-11 57 0 RECEIPT of 2255 Motion by USA as to Danny Wayne Bell , filed. (fmremp) (Entered: 05/11/2000)
2000-06-01 58 0 MOTION by USA as to Danny Wayne Bell to extend time to answer Bell's 2255 motion , filed. (fmremp) (Entered: 06/05/2000)
2000-06-05 59 0 ORDER granting [58-1] motion to extend time to answer Bell's 2255 motion reset answer due for 7/3/00 for USA [54-1] motion to vacate under 28 U.S.C. 2255 ( Signed by Judge David Hittner ), entered. Parties ntfd. (fmremp) (Entered: 06/06/2000)
2000-06-06 60 0 RESPONSE by Danny Wayne Bell to [58-1] motion to extend time to answer Bell's 2255 motion , filed. (fmremp) (Entered: 06/08/2000)
2000-07-03 61 0 MOTION by USA as to Danny Wayne Bell for summary judgment , filed. (fmremp) (Entered: 07/06/2000)
2000-07-20 62 0 REBUTTAL by Danny Wayne Bell to [61-1] miscellaneous , filed. (fmremp) (Entered: 07/20/2000)
2000-08-03 63 0 SUPPLEMENTAL MOTION by Danny Wayne Bell to vacate under 28 U.S.C. 2255 referring to: [54-1] motion to vacate under 28 U.S.C. 2255 , filed. (fmremp) (Entered: 08/03/2000)
2000-09-18 64 0 MOTION by Danny Wayne Bell for Robert A Ratliff to appear pro hac vice , and to supplement [54-1] motion to vacate under 28 U.S.C. 2255 , filed. (fmremp) (Entered: 09/19/2000)
2000-09-18 65 0 MEMORANDUM by Danny Wayne Bell in support of [64-1] motion for Robert A Ratliff to appear pro hac vice, [64-2] motion to supplement [54-1] motion to vacate under 28 U.S.C. 2255 , filed. (fmremp) (Entered: 09/19/2000)
2000-10-19 66 0 ORDER striking [64-1] motion for Robert A Ratliff to appear pro hac vice as to Danny Wayne Bell (1), striking [64-2] motion to supplement [54-1] motion to vacate under 28 U.S.C. 2255 as to Danny Wayne Bell (1) ( Signed by Judge David Hittner ), entered. Parties ntfd. (fmremp) (Entered: 10/23/2000)
2001-02-09 67 0 ORDER denying [63-1] supplemental motion to vacate under 28 U.S.C. 2255, denying [54-1] motion to vacate under 28 U.S.C. 2255 as to Danny Wayne Bell (1) ( Signed by Judge David Hittner ), entered. Parties ntfd. (fmremp) (Entered: 02/09/2001)
2001-03-19 68 0 MOTION by Danny Wayne Bell for certificate of appealability , filed. (bdaniel) (Entered: 03/21/2001)
2001-03-29 69 0 ORDER denying [68-1] motion for certificate of appealability as to Danny Wayne Bell (1) ( Signed by Judge David Hittner ), entered. Parties ntfd. (ckrus) (Entered: 04/02/2001)
2001-08-23 70 0 Certified copy of Order by Fifth Circuit Court of Appeals as to Danny Wayne Bell ; terminating [68-1] notice appeal , motion for COA is DENIED,filed. [U.S.C.A. No. 01-20319] (pjones) (Entered: 08/27/2001)
2003-08-26 71 0 Probation Form 12A - Report on Offender Under Supervision- No Court Action Requested as to Danny Wayne Bell ( Signed by Judge David Hittner ), entered. (khightower) (Entered: 08/26/2003)
2004-05-26 72 0 Probation Form 12C - Petition for Warrant or Summons for Offender Under Supervision as to Danny Wayne Bell Bond reset to No Bond for Danny Wayne Bell. ( Signed by Judge David Hittner ), entered. Court Orders Issuance of a warrant (svaught) (Entered: 06/01/2004)
2004-06-02 73 0 Initial Appearance for SRT as to Danny Wayne Bell held before Magistrate Judge Frances H. Stacy Ct Reporter: ERO Appearances: Hicks f/govt; Henke f/dft. Deft has retained atty Henke. Preliminary hearing set for 6/8/04 10:00. Deft on no bond status. Deft remanded to USM, filed. (ckrus) (Entered: 06/03/2004)
2004-06-08 74 0 Initial Appearance for PB as to Danny Wayne Bell held before Magistrate Judge Nancy K. Johnson Ct Reporter: ERO Appearances: B.Issacs/f USA, C.Henke/f Deft , filed.Deft appeared with counsel.No bond set.Waiver Preliminary.Final revocation hearing set for 6/14/04 9:15am before Judge Hittner.Deft REMANDED to custody. (ctaylor) (Entered: 06/09/2004)
2004-06-08 75 0 WAIVER of Preliminary Examination Hearing by Danny Wayne Bell , filed. (svaught) (Entered: 06/10/2004)
2004-06-10 76 0 Arrest WARRANT issued 6/1/04 Returned Executed as to Danny Wayne Bell on 6/2/04 , filed. (ctaylor) (Entered: 06/14/2004)
2004-06-14 77 0 Violation of Supervised Release Hearing as to Danny Wayne Bell held before Judge David Hittner Ct Reporter: Slavin Appearances: Hicks-AUSA, Henke-f/dft, Court finds deft has violated terms. Terms are revoked. Deft is sentenced to Custody of BOP for a term of 8 months. No SRT to follow the term of imprisonment. Deft notified of his right to file a notice of appeal. Deft remanded to custody. ,filed. (svaught) (Entered: 06/16/2004)
2004-06-16 78 0 JUDGMENT for REVOCATION as to Danny Wayne Bell ( Signed by Judge David Hittner ), entered. Parties ntfd. (ctaylor) (Entered: 06/22/2004)
2004-07-28 79 0 Judgment Returned Executed as to Danny Wayne Bell ; on 7/6/04 to serve sentence at FDC Houston/Houston,Tx, filed. (ctaylor) (Entered: 08/02/2004)
2004-07-28 80 0 Judgment Returned Executed as to Danny Wayne Bell ; on 7/6/04 to serve sentence at FDC Houston/Houston,Tx, filed. (ctaylor) (Entered: 08/02/2004)