Free Designation of Record on Appeal - District Court of Colorado - Colorado

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U.S. District Court District of Colorado (Denver) CRIMINAL DOCKET FOR CASE #: 1:04-cr-00417-LTB-ALL
Case title: USA v. Nevels Assigned to: Chief Judge Lewis T. Babcock Date Filed: 09/22/2004

Defendant Clemmeth D Nevels (I) TERMINATED: 05/26/2006

represented by Dana M. Casper Dana M. Casper, PC 600 South Cherry Street #305 Denver, CO 80246 U.S.A 303-321-5850 Fax: 303-321-5805 Email: [email protected] LEAD A TTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Edward Robin Harris Office of the Federal Public Defender 633 Seventeenth Street #loo0 Denver, CO 80202 U.S.A 303-294-7002 Fax: 303-294- 1192 Email: [email protected] TERMINATED: 04/29/2005 LEAD ATTORNEY Designation: Public Defender or Community Defender Appointment Pendin? Counts Disposition
Dft found guilty of Count 1 & 2 of the Indictment on 3/9/06; Dft to be imprisoned for a term of 300 months on Count 1 and a tenn of 60 months on Count 2, to be served concurrently; Upon release from imprisonment, dft

18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC.

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(1)

shall be placed on supervised release for 5 years on Count 1 and 3 years on Count 2, to run concurrently; Dft shall pay $200.00 Special Assessment, to be paid immediately; No fine imposed; Dfi remanded.

POSSESSION OF WEAPON BY CONVICTED FELON (1s) FELON IN POSSESSION OF A FIREARM (lss) Dft found guilty of Count 1 & 2 of the Indictment on 3/9/06; Dft to be imprisoned for a term of 300 months on Count 1 and a term of 60 months on Count 2, to be served concurrently; Upon release from imprisonment, dft shall be placed on supervised release for 5 years on Count 1 and 3 years on Count 2, to run concurrently; Dft shall pay $200.00 Special Assessment, to be paid immediately; No fine imposed; Dfi remanded.

18:922K.F SELL DEFACED FIREARMS (2)

SELL DEFACED FIREARMS (2s) SELL DEFACED FIREARMS (2~s) Hi~hest Offense Level (Opening) Felony Terminated Counts 18:3553.F SENTENCE AGGRAVATING FACTORS UNDER BLAKELY (3) H i ~ h e s Offense Level [Terminated) t Felony Complaints None Disposition Disposition Striken

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Material Witness Rose Burton TERMINATED: 06/01/2006
represented by Marc Milavitz Alternative Law Office of Marc Milavitz 1733 Canyon Boulevard Boulder, CO 80302 U.S.A 303-442-2 166 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment

Plaintiff USA
represented by Joshua Gramling Stein U. S. Attorney's 0ffice-Denver Colorado 1225 Seventeenth Street #700 Denver, CO 80202 U.S.A 303-454-0 100 Fax: 454-0403 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip A. Brimmer U.S. Attorney's Office-Denver Colorado 1225 Seventeenth Street #700 Denver, CO 80202 U.S.A 303-454-0368 Fax: 454-0403 Email: [email protected] ATTORNEY TO BE NOTICED Date Filed
09/22/2004 1211612004 1212112004
#

Docket Text

)INDICTMENT by USA Counts filed against Clemmeth D Nevels count
(s) l , 2 , 3 (nmb) (Entered: 09/27/2004)

2 Petition for Writ of Habeas Corpus ad Prosequendum as to Clemmeth D
Nevels (nmb, ) (Entered: 12/23/2004) 3 ORDER [2] for Writ of Habeas Corpus ad Prosequendum as to

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Clemmeth D Nevels . Signed by Judge Lewis T. Babcock on 12/17/04. (nmb, ) (Entered: 12/27/2004) 1212112004 4 Writ of Habeas Corpus ad Prosequendum Issued as to Clemmeth D Nevels returnable forthwith; Denver County Jail. (nmb, ) (Entered: 12/27/2004) Arrest of Clemmeth D Nevels (ecm, ) (Entered: 01/04/2005) 5 Minutes of Initial Appearance before Magistrate Judge Patricia A. Coan : Initial Appearance of Clemmeth D Nevels without counsel; ORDER: FPD appointed; ORDER: Arraignment, Discovery and Detention set for 12/30/2004 02:30 PM before Magistrate Judge Patricia A. Coan; deft remanded. (Tape #FTR PAC PM.) (ecrn, ) (Entered: 0 1/04/2005) 6 CJA 23 Financial Affidavit by Clemmeth D Nevels (ecm, ) (Entered: 0 1/04/2005) 7 Arrest Warrant Returned Unexecuted as to Clemmeth D Nevels. (ecm, ) (Entered: 01/04/2005) 8 NOTICE OF ATTORNEY APPEARANCE: Edward R. Harris appearing for Clemmeth D Nevels (ecrn, ) (Entered: 01/04/2005) 9 Minutes of Arraignment, Discovery and Detention before Magistrate Judge Patricia A. Coan : deft Clemmeth D Nevels present w/counsel; Plea of NOT GUILTY entered by Clemmeth D Nevels; 30 day min to trial 1/29/05; 70 day max to trial 3/7/05; 90 day custody limit 3/27/05; discov. rpt. executed; ORDER: deft is a flight risk and is ordered detained; deft remanded (Tape #FTR PAC PM.) (ecrn, ) (Entered: 0 1/05/2005) 10 Discovery Hearing Report; Estimated Trial Days: 5 as to Clemmeth D Nevels; (ecrn, ) (Entered: 01/05/2005) 11 ORDER OF DETENTION as to Clemmeth D Nevels . Signed by Magistrate Judge Patricia A. Coan on 12/30/04. (ecrn, ) (Entered: 0 1/06/2005) 12 MINUTE ORDER; a Status/Scheduling Conference set for 1/21/2005 02:30 PM for Clemmeth D. Nevels before Chief Judge Lewis T. Babcock. (ecrn, ) (Entered: 01/06/2005) 13 MOTION for Disclosure of Specific Discovery by Clemmeth D Nevels. (nmb, ) (Entered: 0111312005) 14 MOTION to Set This Case Outside the 70-Day Speedy Trial Limits by Clemrneth D Nevels. (nmb, ) (Entered: 01/13/2005) 15 MINUTE ORDER by Chief Judge Lewis T. Babcock Hearing set re [14] MOTION to Set This Case Outside the 70-Day Speedy Trial Limits for 1/21/2005 at 02:30 PM before Chief Judge Lewis T. Babcock. (nmb, ) (Entered: 01/14/2005) 16 MOTION and Memorandum of Law in Support of Striking Count 3 of

12/27/2004 12/27/2004

12/27/2004 12/28/2004 12/28/2004 1213012004

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0 1/03/2005

01/07/2005 0 1/07/2005 0111 112005

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the Indictment as Surplusage by Clemmeth D Nevels. (nmb, ) (Entered: 01/19/2005)

'RESPONSE by USA to [14] MOTION to Set This Case Outside the 70Day Speedy Trial Limits; [16] MOTION to Strike and [13] MOTION for Disclosure as to Clemmeth D Nevels (ecm, ) (Entered: 01/21/2005)

18 Minutes for Motion Hearing held before Chief Judge Lewis T. Babcock as to Clemmeth D Nevels: GRANTING [14] MOTION to Set This Case Outside the 70-Day Speedy Trial Limits filed by Clemmeth D Nevels, GRANTING [13] MOTION for Disclosure of Specific Discovery filed by Clemmeth D Nevels; Status Hearing set for 4/22/2005 08:OO AM before Chief Judge Lewis T. Babcock. (Court Reporter Adrianne Whitlow.) (nmb, ) (Entered: 01/26/2005) 19 ORDER by Judge Lewis T. Babcock GRANTING [13] Motion for Disclosure of Specific Discovery; GRANTING [14] Motion Set This Case Outside the 70-Day Speedy Trial Limits as far as it is an ends-ofjustice continuance, and HELD IN ABEYANCE as far as the motion is one for a declaration of complexity; GRANTING [16] Motion to Strike Count 3 as Surplusage as to Clemmeth D Nevels (1); ends of justice continuance is in effect until 4/22/05; Status Hearing set for 4/22/05 8:00 AM before Chief Judge Lewis T. Babcock. (nmb, ) (Entered: 01/26/2005)
t'24

0 1/24/2005

04/06/2005 04/08/2005 0411212005 0411412005

INDICTMENT as to Clemmeth D Nevels (1) count(s) Is, 2s. (klt, ) (Entered: 04/08/2005)

21 MINUTE ORDER Re-Arraignment is set for 4/14/2005 02:OO PM before Magistrate Judge Craig B Shaffer. (klt, ) (Entered: 04/08/2005) 22 MOTION to Withdraw as Attorney by Edward R. Harris re Clemmeth D. Nevels. (mjg, ) (Entered: 0411512005) 23 Minutes of Re-Arraignment before Magistrate Judge Craig B Shaffer: Plea of NOT GUILTY entered by Clemmeth D Nevels; deft remanded (Tape #FTR CBS PM.) (ecm, ) (Entered: 04/18/2005) 24 Minutes of Status Conference before Chief Judge Lewis T. Babcock: deft Clemmeth D Nevels present w/counsel; atty Harris filed a motion to withdraw as counsel for deft citing irreconciable conflict; ORDER: the Clerk shall appt. new CJA counsel for the deft; ORDER: a Hearing on the Motion to Withdraw is set for 4/29/05 at 8:00 AM; newly apptd. counsel and Mr. Harris must be present wldeft (Court Reporter Gwen Daniel.) (ecm, ) (Entered: 04/26/2005) 25 MINUTE ORDER; the [22] MOTION to Withdraw as Attorney by Edward R. Harris filed by Clemmeth D Nevels will be heard on 4/29/05 at 8:00 AM before Chief Judge Lewis T. Babcock; newly apptd. counsel and Mr. Harris must be present; deft must also be present (ecm, ) (Entered: 04/28/2005) 29 CJA 20: Appointment of Attorney Dana M. Casper for Clemmeth D Nevels; Signed by Judge Lewis T. Babcock on 4/25/05. (ecm, ) (Entered:

04/22/2005

04/25/2005

04/25/2005

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0511212005) 04/29/2005 26 Minutes of Status Conference before Chief Judge Lewis T. Babcock: deft Clemmeth D Nevels present w/counsel; ORDER: GRANTING [22] MOTION to Withdraw as Attorney by Edward R. Harris filed by Clemmeth D Nevels; atty Dana Casper present; atty Harris advised he has handed Ms. Casper the file in this case; Ms. Casper advised she needs at least 3 weeks to evaluate the discov.; ORDER: Further Status/Scheduling Conference set for 511912005 08:OO AM before Chief Judge Lewis T. Babcock; the ends of justice is extended until the status hrg.; court in recess (Court Reporter Gwen Daniel.) (ecm, ) (Entered: 05/03/2005) 27 NOTICE OF ENTRY OF ATTORNEY APPEARANCE: Dana M. Casper appearing for Clemmeth D Nevels (mjg, ) (Entered: 05/03/2005) 28 ORDER; GRANTING [22] Motion to Withdraw as Attorney; Edward R. Harris withdrawn from case as to Clemmeth D Nevels (1); ORDER: a Status/Scheduling Hearing is set for 5/19/05 at 8:00 AM; Court finds in the interest of justice outweighs the interest of the public and deft in a speedy trial purs. to 18:316I. (h)(8)(B)(i) through 5119/05. Signed by Judge Lewis T. Babcock on 4/29/05. (ecm, ) (Entered: 05/03/2005) 30 EX PARTE MOTION for Payment in Excess (SUPPRESSED) by Clemmeth D Nevels. (mjg, ) (Entered: 05/23/2005) 3 1 MOTION to Declare Case Complex And Request To Set Trial Outside Speedy Trial Limits Pursuant To U.S.C. ?3 161(h)(8)(A) and (B)(i)(ii)(iv) by Clemmeth D Nevels. (mjg, ) (Entered: 05/26/2005) 32 ORDER Signed by Chief Judge Lewis T. Babcock GRANTING [3 11 Motion to Declare Case Complex as to Clemmeth D Nevels (1); motions are due 6/24/05; govt responses due 711 1/05; Status and Scheduling Hearing set for 7/22/05 4:00 PM. (nmb, ) (Entered: 05/26/2005) 33 Minutes of Status Conference before Chief Judge Lewis T. Babcock as to Clemmeth D Nevels: ORDER finding case is complex; motions are due 6/24/05; govt responses due 711 1/05; Status and Scheduling Hearing set for 7/22/05 4:00 PM. (Court Reporter Gwen Daniel.) (nmb, ) (Entered: 05/26/2005) 35 ORDER; GRANTING [30] Motion for Payment in Excess (SUPPRESSED) as to Clemmeth D Nevels (1). Signed by Judge Lewis T. Babcock on 5/27/05. (ecm, ) (Entered: 06/08/2005) 36 MOTION for Extension of Time to File Defense Motions and Govt Responses Thereto by Clemmeth D Nevels. (ecm, ) (Entered: 0611512005) 37 MINUTE ORDER by Chief Judge Lewis T. BabcockGRANTING [36] MOTION for Extension of Time to File Defense Motions and Govt Responses Thereto as to Clemmeth D Nevels (1); motions due 8/1/05; responses due 9/1/05; Status Conf RESET for 9/23/05 9:00 AM before Chief Judge Lewis T. Babcock. (nmb2, ) (Entered: 06/24/2005)

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0511912005

0511912005

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43 EX PARTE MOTION for Payment in Excess nunc pro tunc to 7/3/05 (SUPPRESSED) by Clemmeth D Nevels. (rnjg, ) (Entered: 08/08/2005) 44 ORDER granting [43] Motion for Payment in Excess (SUPPRESSED) as to Clemmeth D Nevels (1). Signed by Judge Lewis T. Babcock on 7/27/05. (mjg, ) (Entered: 08/08/2005) 38 MOTION in Limine To Preclude Government From Introducting Evidence That Mr. Nevels Carried A Gun In The Week(s) Or Days Prior to Incident by Clemmeth D Nevels. (rnjg, ) (Entered: 08/03/2005) 39 MOTION To StrikeDismiss Armed Career Criminal Act Enhancement by Clemmeth D Nevels. (rnjg, ) (Entered: 08/03/2005) 40 MOTION For Severance Of Defendant's Priors Charged In Count 1 and For to Bifurcated Jury Trial On Prior Violent Felonies by Clemmeth D Nevels. (rnjg, ) (Entered: 08/03/2005) 41 MOTION For Legal Determination That Govt Bears the Burden of Persuasion at Trial of Disproving Necessity Defense Beyond a Reasonable Doubt by Clemmeth D Nevels. (ecm, ) (Entered: 08/04/2005) 46 CJA 21 Interim Payment For Expert Services as to Clemmeth D Nevels; Voucher Number 050830124 re Investigator. Payment Number 1 (SUPPRESSED); SEE CJA SLTPERVISING ATTORNEY . Signed by Judge Lewis T. Babcock on 8/29/05. (rnjg, ) (Entered: 09/19/2005) 45 CONSOLIDATED RESPONSE by USA to [39] MOTION to Dismiss MOTION to Strike, [40] MOTION to Bifurcate MOTION to Sever Defendant, [4 11 MOTION For Legal Determination That Govt Bears the Burden of Persuasion at Trial of Disproving Necessity Defense Beyond a Reasonable Doubt, [38] MOTION in Limine as to Clemmeth D Nevels (ecm, ) (Entered: 09/06/2005) 47 MINUTE ORDER: Motion Hearing set for 10/14/2005 02:OO PM before Chief Judge Lewis T. Babcock. (tll, ) (Entered: 09/26/2005) 48 Minutes of StatusISchedulingHearing as to Clemmeth D Nevels held on 9/23/2005 before Judge Lewis T. Babcock; Dft present and in custody; Pending motions are briefed; Oral Argument on motions set for 10/14/2005 at 02:OO PM before Chief Judge Lewis T. Babcock. (Court Reporter Gwen Daniel.) (rnjg, ) (Entered: 09/27/2005) 49 SECOND SUPERSEDING INDICTMENT as to Clemmeth D Nevels (1) count(s) 1ss, 2ss. (ms2, ) (Entered: 09/28/2005) 50 MINUTE ORDER: Re-arraignment set for 10/4/2005 10:30 AM in Courtroom A 402 before Chief Judge Lewis T. Babcock, on the second

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Superseding Indictment filed on 9/27/05. (mjg, ) (Entered: 10/03/2005)
10/04/2005 5 1 Minutes of Re-arraignment On Second Superseding Indictment held on 10/4/2005 before Magistrate Judge Patricia A. Coan; NOT GUILTY Plea entered to the Indictment by Clemmeth D Nevels; Counsel sent to chambers for next hearing date (Tape #FTR PAC AM.) (rnjg, ) (Entered:

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1010512005) 1011312005 52 SUPPLEMENTAL Case Law Relating to [39] MOTION to Dismiss MOTION to Strike Armed Career Criminal Act Enhancement by Clemmeth D Nevels (ecrn, ) (Entered: 1011712005) 53 Minutes of Motion Hearing before Chief Judge Lewis T. Babcock: deft Clemmeth D Nevels present wlcounsel; ORDER: DENYING wlo prej. [39] MOTION to Dismiss MOTION to Strike Armed Career Criminal Act Enhancement filed by Clemmeth D Nevels; DENYING [40] MOTION for Severance of Defendant's Priors Charged in Count 1 and MOTION for Bihcated Jury Trial on Prior Violent Felonies filed by Clemmeth D Nevels; DENYING [41] MOTION For Legal Determination That Govt Bears the Burden of Persuasion at Trial of Disproving Necessity Defense Beyond a Reasonable Doubt filed by Clemmeth D Nevels; DENYING as MOOT [38] MOTION in Limine to Provide the Govt From Introducing Evidence That Defendant Carried a Gun in the Weeks Prior to the Incident filed by Clemmeth D Nevels; Jury Trial set for 3/6/2006 before Chief Judge Lewis T. Babcock; Final Trial Preparation Conference set for 211012006 03:30 PM before Chief Judge Lewis T. Babcock; Status Conference set for 12/22/2005 08:OO AM before Chief Judge Lewis T. Babcock. (Court Reporter Adriame Whitlow.) (ecrn, ) (Entered: 1011812005) TEXT ENTRY ONLY; Please refer to doc. #53: finding as moot [38] Motion in Limine as to Clemmeth D Nevels (1); finding as moot [39] Motion to Dismiss as to Clemmeth D Nevels (1); finding as moot [39] Motion to Strike as to Clemmeth D Nevels (1); denying [40] Motion to Bifurcate as to Clemmeth D Nevels (1); denying [40] Motion to Sever Defendant as to Clemmeth D Nevels (1); denying [4.1] Motion as to Clemmeth D Nevels (1) (ecrn, ) (Entered: 1011812005) 54 ORDER on Motions as to Clemmeth D Nevels; DENYING [39] MOTION to Dismiss MOTION to Strike filed by Clemmeth D Nevels; DENYING [40] MOTION to Bifurcate MOTION to Sever Defendant filed by Clemmeth D Nevels; DENYING [41] MOTION For Legal Determination That Govt Bears the Burden of Persuasion at Trial of Disproving Necessity Defense Beyond a Reasonable Doubt filed by Clemmeth D Nevels; DENYING as MOOT [38] MOTION in Limine filed by Clemmeth D Nevels, . Signed by Judge Lewis T. Babcock on 10117105. (ecrn, ) (Entered: 1011912005) 55 MIIVUTE ORDER; Jury Trial set for 3/6/06 at 8:30 AM for Clemmeth D. Nevels; Final Trial Preparation Conference set for 2110106 at 3:30 PM; Status Hearing set for 12/22/05 at 8:00 AM before Chief Judge Lewis T. Babcock (ecrn, ) (Entered: 1011912005) 57 CJA 21: Authorization to Pay Investigator as to Clemmeth D Nevels for Expert Services (SUPPRESSED); Voucher# 05 11181129; SEE CJA SUPERVISING ATTORNEY . Signed by Judge Lewis T. Babcock on 11116/05. (ecrn, ) (Entered: 11/25/2005)

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56 CJA EX PARTE MOTION for Interim Payment (SUPPRESSED) by Clemmeth D Nevels. (mjg, ) (Entered: 1112112005)

62 ORDER granting [56] Motion for Interim Payment (SUPPRESSED) as
to Clemmeth D Nevels (1). Signed by Judge Lewis T. Babcock on 12/09/2005. (nrutl, ) (Entered: 12/28/2005)

1211512005 1211512005

58 MOTION for Extension of Time to File Additional Motions by
Clemmeth D Nevels. (Casper, Dana) (Entered: 1211512005)

59 Amended MOTION for Extension of Time to File Additional Motions by
Clemmeth D Nevels. (Attachments: # 1 Proposed Order (PDF Only)) (Casper, Dana) (Entered: 1211512005)
@ Minutes of Status Hearing as to Clemmeth D Nevels held on 12/22/2005 J

12/22/2005

before Judge Lewis T. Babcock: Defense in limine motions due by 1/13/2006; Responses due by 1/20/2006; 404(b) disclosure is due 1/3/06; Defense Daubert motion due by 1/6/06; Govt's response due by 1/13/06; and Defense in limine motion on the 404(b) is due 1/13/06; Scheduling Hearing is set for 1/17/2006 04:30 PM before Chief Judge Lewis T. Babcock. (Court Reporter Gwen Daniel.) (mjg, ) (Entered: 12/22/2005) 12/22/2005

61 ORDER finding as moot 58 Motion for Extension of Time to File as to

Clemmeth D Nevels (1); and granting in part 59 Motion for Extension of Time to File as to Clemmeth D Nevels (1); Gov't must file 404(b) disclosure on or before 1/3/06; DA must file his mtn. in limine challenging the govt's 404(b) disclosure on or before 1/6/06; Dft must file his motion in limine challenging the govt's proposed Rule 702 witness on or before 1/6/06; Gov't must file its response to dfi's motion on Rule 702 witness and to dft's motion challenging govt's 404(b) disclosure on or before 1/13/06; Status/Scheduling hearing is set for 1/17/06 at 4:30 p.m.. Signed by Judge Lewis T. Babcock on 12/22/05. (mjg, ) (mjg, ) (Entered: 12/22/2005) (Entered: 0 1/03/2006)

0 1/03/2006 0 1/08/2006 0 1/08/2006 0 1/08/2006 01/1 112006 01/13/2006

63 Notice of Rule 404b by USA as to Clemmeth D Nevels (Stein, Joshua)
64 First MOTION in Limine to Exclude Government's Expert J. W. Priest by
Clemmeth D Nevels. (Casper, Dana) (Entered: 0 1/08/2006)

65 First MOTION Preclude 404B Evidence by Clemmeth D Nevels.
(Casper, Dana) (Entered: 01/08/2006)

66 Second MOTION in Limine by Clemmeth D Nevels. (Casper, Dana)
(Entered: 0 1/08/2006)

67 Exparte Document (Casper, Dana) (Entered: 01/1 1/2006)

68 RESPONSE to Motion by USA as to Clemrneth D Nevels re

First MOTION Preclude 404B Evidence, 66 Second MOTION in Limine (Stein, Joshua) (Entered: 0 1/13/2006)

0 111312006

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69 Unopposed MOTION for Extension of Time to File ResponseIReply to Defs Mtn in Lim (#64) by USA as to Clemmeth D Nevels. (Stein,

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Joshua) (Entered: 01/13/2006) 01/17/2006

70 RESPONSE to Motion by USA as to Clemmeth D Nevels re 64 First
MOTION in Limine to Exclude Government's Expert J; W. Priest (Attachments: # I Exhibit CV of Lt. Priest)(Stein, Joshua) (Entered: 0 111712006)

0111712006

71 Minutes of Status Conference as to Clemmeth D Nevels held on
1/17/2006 before Judge Lewis T. Babcock: Dft present in custody; Oral Argument set for 1/25/2006 at 09:OO AM before Chief Judge Lewis T. Babcock. (Court Reporter Gwen Daniel.) (mjg, ) (Entered: 01/18/2006)

01/17/2006 01/20/2006 0 1/24/2006 01/24/2006 0 1/24/2006

83 Exparte Document (nrutl, ) (Entered: 01/30/2006)

72 MINUTE ORDER: Oral argument on pending motions is set 1/25/06 at
9:00 a.m. in Ctrm. A 201 (mjg, ) (Entered: 01/20/2006)

73 IVOTICE of Supplemental Authority by Clemmeth D Nevels (Casper,
Dana) (Entered: 01/24/2006)

3 MOTION for Designation, Arrest and Detention of Material Witnessby
USA as to Clemmeth D Nevels. (klt, ) (Entered: 01/25/2006)
--

75 ORDER granting 3Motion to Detain as to Clemmeth D Nevels (1); granting 3Motion for Warrant as to Clemmeth D Nevels (1). Signed by Magistrate Judge 0. Edward Schlatter on 1/24/06. (klt, ) (Entered: 0 1/25/2006) as to Rose Burton. (klt, ) (Entered: 01/25/2006)

0 1/24/2006 01/25/2006 01/25/2006

76 Material Witness Arrest Warrant Issued by 0. Edward Schlatter in case
Arrest of Material Witness Rose Burton in case as to Clemmeth D Nevels (mjg2, ) (Entered: 0 1/26/2006)

77

Minutes of Initial Appearance for Material Witness in case as to Clemmeth D Nevels held on 1/25/2006 before Magistrate Judge 0 . Edward Schlatter: Financial Affidavit tendered; CJA shall be appointed; Detention Hearing set for Material Witness Rose Burton set for 1/30/2006 10:OO AM before Magistrate Judge 0 . Edward Schlatter; Dft remanded. (Tape #FTR OES PM - Kathy Triplett.) (mjg, ) Modified on 1/26/2006 to reflect dft remanded(mjg, ). (Entered: 01/26/2006) Minutes of Motion Hearing as to Clemmeth D Nevels held on 1/25/2006 before Judge Lewis T. Babcock: Dft present in custody; ORDERED: 65 First MOTION To Preclude 404B Evidence filed by Clemmeth D Nevels is DENIED WITHOUT PREJUDICE, subject to the evidence at trial, in the context of trial; The govt' shall prepare a suggested form of limiting instruction on this issue; 66 Second MOTION in Limine to exclude evidence filed by Clemmeth D Nevels is DENIED WITHOUT PREJUDICE; The govt' will need to submit a limiting instruction on this issue as well; Re: 64 Defendant's first motion in limine to exclude expert, Ruling on the admissibility of Expert's Opinions is reserved until the opinions offered at trial; The request for evidentiary pretrial hearing (doc. No. 64) is DENIED The report of Lieutenant Priest shall be submitted at

0 1/25/2006

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the trial prep. conf. The Trial Preparation Conference set for 2/10/06 is VACATED and RESET to 2/23/2006 at 03:OO PM before Chief Judge Lewis T. Babcock. (Court Reporter Gwen Daniel.) (rnjg, ) (Entered: 0 1/26/2006) 0 1/25/2006

80 ORDER DENYING 64 Motion in Limine For Pre-Trial Evidentiary
Hearing as to Clemmeth D Nevels (1); DENYING WITHOUT PREJUDICE 65 Motion To Exclude Rule 404(b) Evidence as to Clemmeth D Nevels (1); and DENYING WITHOUT PREJUDICE 66 Second Motion in Limine To Exclude Evidence as to Clemmeth D Nevels (1). Signed by Judge Lewis T. Babcock on 1/25/06. (rnjg, ) (Entered: 0 1/26/2006)

01/26/2006 01/26/2006

78 Sealed Document (mjg, ) (Entered: 0 1/26/2006)

81 MINUTE ORDER: Trial Preparation Conference as to Clemmeth Nevels
set for 2/10/06 is VACATED and RESET for 2/23/06 at 3:00 PM in Ctrm. A 201 before Judge Lewis T. Babcock (mjg, ) (Entered: 01/26/2006)

01/27/2006

86 CJA 20: Appointment of Marc Milavitz for Rose Burton . Signed by
Magistrate Judge 0. Edward Schlatter on 1/27/06. (smatl, ) (Entered: 0 113112006)

0 1/30/2006

82 NOTICE of $5,000 Unsecured Appearance Bond as to Rose Burton

Material Witness in Clemmeth D Nevels matter (Attachments: # 1Order Setting Conditions Of Release re Material Witness Rose Burton)(mjg, ) (Entered: 0 1/30/2006) Clemmeth D Nevels held on 1/30/2006 before Magistrate Judge 0. Edward Schlatter: DA released on $5,000 Unsecured Appearance Bond; Bond executed and material witnessldfl released (Tape #FTR OES AM Nel Steffens.) (mjg, ) (Entered: 01/30/2006)

01/30/2006

84 Minutes of Detention Hearing for Material Witness Rose Burton as to

0 1/30/2006 02/09/2006 0211712006 02/20/2006 02/20/2006 0212 112006 02/22/2006

85

Arrest Warrant Returned Executed re material witness Rose Burton on 1/25/06 in case as to Clemmeth D Nevels. (mjg, ) (Entered: 01/30/2006) (Stein, Joshua) (Entered: 02/09/2006)

87 Notice of Rule 404b by USA as to Clemmeth D Nevels Second Notice

88 TRIAL BRIEF by USA as to Clemmeth D Nevels (Stein, Joshua)
(Entered: 0211712006)

89 First MOTION to Exclude Jail Statements by Clemmeth D Nevels.
(Casper, Dana) (Entered: 02/20/2006)

90 Exparte Document (Casper, Dana) (Entered: 02/20/2006)
91 RESPONSE by Clemmeth D Nevels re: 87 Notice of Rule 404b filed by
USA, (Casper, Dana) (Entered: 0212 112006)

92 NOTICE OF ATTORNEY APPEARANCE Philip A. Brirnrner appearing
for USA. as co-counsel (Brirnmer, Philip) (Entered: 02/22/2006)

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Page 12 Page 12 of 16 of 16

02/22/2006 02/23/2006

1 8 Exparte Document (nrutl, ) (Entered: 02/27/2006) 0
93 Application for Writ of Habeas Corpus ad Testificandum by USA as to Clemmeth D Nevels (Attachments: # I # 2)(Stein, Joshua) (Entered:
02/23/2006)

02/23/2006

94 ORDER as to Clemmeth D Nevels granting 93 Application for Writ of
Habeas Corpus ad Testificandum filed by USA re material witness. . Signed by Judge Lewis T. Babcock on 2/23/06. (rnjg, ) (Entered: 02/24/2006)

02/23/2006

95 Minutes of Final Trial Preparation Conference held on 2/23/06 before
Judge Lewis T. Babcock: Dft present in custody; Stipulation tendered; Ordered: Defense stipulates to and does not object to the admission, but the COURT WILL HOLD FORMAL ADMISSION UNTIL AFTER A JLTRY IS IMPANELED, to Exhibits 1-71, 101-106, 108-131, 141, 146149, 161-228; The Government stipulates to A1-A1 1, B 1-B4, C1, C2, Dl-D3, El-E3, F1, F2, GI, G2, G3-G12, HI, H2 & H3, and Exhibit 1; AT THE APPROPRIATE TIME BASED ON THOSE STIPULATIONS, THOSE MAY BE ADMITTED; Objection to material on basis of lack of due diligence is DENIED; The Government shall provide complete transcripts, which will be transcribed by 2/27/06, in the morning, and they will be delivered to Ms. Casper; The Government will provide to the Court a complete hard copy of the transcript; That which the gov't considers to be relevant shall be highlighted on the Court's hard copy; The defense shall transcribe and submit the 91 1 calls; The Govt's request that Rebecca Sauerhaft be permitted to perform the same service that a United States Attorney's Office witness coordinator would perform; and that Joel Humphrey, a detective, be designated as the investigating officer on this case and an advisory witness under 615(2) is GRANTED; Other than the exceptions addressed here this afternoon, Rule 6 15 exclusionary rule is INVOKED for trial (Court Reporter Gwen Daniel.) (rnjg, ) (Entered: 02/24/2006)

02/23/2006 02/23/2006 02/23/2006 02/23/2006 02/23/2006 02/23/2006 02/23/2006 02/23/2006

96 EXHIBIT LIST by Clemmeth D Nevels (mjg, ) (Entered: 02/24/2006)

97 Proposed Jury Instructions by Clemmeth D Nevels (mjg, ) (Entered:
02/24/2006)

98 Proposed Voir Dire by Clemmeth D Nevels (mjg, ) (Entered:
02/24/2006)

99 WITNESS LIST by Clemmeth D Nevels (mjg, ) (Entered: 02/24/2006)

10 0
11 0

EXHIBIT LIST by USA as to Clemmeth D Nevels (mjg, ) (Entered: 02/24/2006) Proposed Jury Instructions And Verdict Form with authority by USA as to Clemmeth D Nevels (rnjg, ) (Entered: 02/24/2006) Proposed Jury Instructions And Verdict Form without authority by USA as to Clemmeth D Nevels (rnjg, ) (Entered: 02/24/2006) Proposed Voir Dire by USA as to Clemmeth D Nevels (mjg, ) (Entered:

102 13 0

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Page 13 Page 13 of 16 of 16

02/24/2006) 02/23/2006 02/23/2006
-

104 WITNESS LIST by USA as to Clemmeth D Nevels (mjg, ) (Entered: 02/24/2006) STIPULATIONS by USA and defendant Clemmeth D Nevels (mjg, ) Modified on 2/27/2006 to indicate Stipulations by USA and Clemmeth D. Nevels (mjg, ). (Entered: 02/24/2006) (Entered: 02/27/2006)

15 0

02/23/2006 02/24/2006

1 7 Proposed Jury Instructions with authority by Clemmeth D Nevels (mjg, ) 0 1 6 Writ of Habeas Corpus ad Testificandum Issued as to Tamar Henry 0
Material Witness for 3/8/06 at 10:OO a.m. in case as to Clemmeth D Nevels (mjg, ) (Entered: 02/24/2006)

02/27/2006 03/03/2006 03/05/2006

109 Exparte Document (Attachments: # (1) Affidavit # (2) Proposed Order
(PDF Only))(Casper, Dana) (Entered: 02/27/2006)
-

110 NOTICE by USA as to Clemmeth D Nevels (Attachments: # I Exhibit 1 - Dr. Martin's Letter, Mar. 3,2006)(Stein, Joshua) (Entered: 03/03/2006) NOTICE ofAddll Witness by USA as to Clemmeth D Nevels (Attachments: # 1Exhibit 1 - Report of Attempted Contact# 2 Exhibit 2 Email of Mar. 3,2006)(Stein, Joshua) (Entered: 03/05/2006) Minutes of Jury Trial - Day One as to Clemmeth D Nevels on Count 1ss,2ss held on 3/6/2006 before Judge Lewis T. Babcock: Dft present and in custody; Voir Dire begun on 3/6/2006; Court in recess until 8:30 on 3/7/06; Trial continued. (Court Reporter Gwen Daniel.) (mjg, ) (Entered: 03/08/2006) Minutes of Jury Trial as to Clemmeth D Nevels held on 3/7/2006 before Judge Lewis T. Babcock: Dft present in custody; Direct, Cross, and Redirect testimony; Court in recess; Trial continued (Court Reporter Gwen Daniel.) (rnjg, ) (Entered: 03/08/2006) Minutes of Jury Trial - Day Three as to Clemmeth D Nevels held on 3/8/2006 before Judge Lewis T. Babcock: DA present in custody; Examination of witnesses; Exhibits received; Court in Recess; Trial continued. (Court Reporter Gwen Daniel.) (rnjg, ) (Entered: 03/09/2006) 3/9/2006 before Judge Lewis T. Babcock: Dft present in custody; Cross Examination; Re-direct; Defense Rule 29 Motion is DENIED; Verdict Form read; Count One - Guilty; Count Two - Guilty; Jury polled; all answer affirmatively; Verdict RECEIVED; Jury excused; Sentencing set for 5/26/2006 09:OO AM for two hours before Chief Judge Lewis T. Babcock. (Court Reporter Gwen Daniel.) (mjg, ) Additional attachment (s) 2,3,4 & 5 added on 3/13/2006 (mjg2, ). (Entered: 03/13/2006)

11 1

03/06/2006

112

03/07/2006

13 1

03/08/2006

114

03/09/2006

1 5 Minutes of Jury Trial - Day Four as to Clemmeth D Nevels held on 1

03/09/2006 03/09/2006

16 1

Jury Instructions as to Clemmeth D Nevels (mjg, ) (Entered: 0311312006)

1 7 Sealed Document - Note re Verdict (mjg, ) (Entered: 03/13/2006) 1

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Page 14 Page 14 of 16 of 16

03/09/2006 03/09/2006 03/09/2006 03/09/2006

1 8 JURY VERDICT as to Clemmeth D Nevels (1) Guilty on Count 1,2 of 1
the Indictment. (mjg, ) (Entered: 03/13/2006)

19 1

Sealed Document - Verdict Form(mjg, ) (Entered: 03/13/2006) (mjg, ) (Entered: 0311312006)

120 STIPULATION by Clemmeth D Nevels, USA as to Clemmeth D Nevels

11 2

STIPULATION And ORDER Regarding Custody of Exhibits as to Clemmeth D Nevels; At the conclusion of the trial, counsel for the parties shall retain custody of their respective exhibits until such time as all need for exhibits has terminated and the time to appeal has expired, or all appellate proceedings have been terminated plus 60 days . Signed by Judge Lewis T. Babcock on 3/9/06. (mjg, ) (Entered: 03/13/2006) a.m. in Ctrm. A 201 before Judge Lewis T. Babcock at to Clemmeth Nevels; Dft must be present. (mjg, ) (Entered: 03/14/2006)

0311412006

122 MINUTE ORDER: Two hour Sentencing Hearing set for 5/26/06 at 9:00

0311612006 03/24/2006 03/28/2006 03/30/2006 04/06/2006 0411412006 04/26/2006

123 16 2 124

Exparte Document (Casper, Dana) (Entered: 0311612006) Exparte Document ( m t l , ) (Entered: 04/06/2006) SENTENCING STATEMENT by USA as to Clemmeth D Nevels (Stein, Joshua) (Entered: 03/28/2006) (Entered: 03/30/2006)

125 SENTENCING STATEMENT by Clemmeth D Nevels (Casper, Dana) 127 Exparte Document (Casper, Dana) (Entered: 04/06/2006) 1 0 Exparte Document ( m t l , ) (Entered: 04/26/2006) 3 1 8 First MOTION Renewing Defense Motion to Strike/Dismiss ACCA 2
Enhancement by Clemmeth D Nevels. (Casper, Dana) (Entered: 04/26/2006)

04/26/2006

2 129 RESPONSE to Motion by USA as to Clemmeth D Nevels re 1 8First MOTION Renewing Defense Motion to Strike/Dismiss ACCA Enhancement (Stein, Joshua) (Entered: 04/26/2006)

0510 112006 05/12/2006 0511712006 05/26/2006

1 1 Exparte Document ( m t l , ) (Entered: 05/08/2006) 3 132 Exparte Document ( m t l , ) (Entered: 0511912006)

133

Exparte Document ( m t l , ) (Entered: 05/23/2006) as to defendant Clemmeth D Nevels (1); Dft present in custody; Dft found guilty of Count 1 & 2 of the Indictment on 3/9/06; Dft to be imprisoned for a term of 300 months on Count 1 and a term of 60 months on Count 2, to be served concurrently; Upon release from imprisonment, dfl shall be placed on supervised release for 5 years on Count 1 and 3 years on Count 2, to run concurrently; Dft shall pay $200.00 Special Assessment, to be paid immediately; No fine imposed; Dfl remanded.

1 4 Minutes of Sentencing held on 5/26/2006 before Judge Lewis T. Babcock 3

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Page 15Page 15 of 16 of 16

(Court Reporter Gwen Daniel.) (Attachments: # 1Exhibit 1 part 1# 2 Exhibit 1 part 2) (mjg, ) (Entered: 0513 112006) 05/30/2006 0513 112006

1 6 Exparte Document (nrutl, ) (Entered: 06/14/2006) 4 135 NOTICE OF APPEAL, re 1 3 Minutes of Sentencing held on 5/26/06 by
Clemmeth D Nevels. (Casper, Dana) (Modified on 6/1/2006 to indicate what is being appealed) (djs, ). (Entered: 0513 112006)

0513 112006 0610 112006

1 0 Writ of Habeas Corpus ad Prosequendum Returned Executed as to 4
Clemmeth D Nevels on 513 112006. (sschrsl, ) (Entered: 06/01/2006)

3 136 Docket Annotation re: 1 4Sentencing linked to 135Notice of Appeal to indicate what is being appealed. Text Only Entry - no document attached (djs, ) (Entered: 06/01/2006)

0610 112006

1 7 LETTER re Appeal to all counsel advising of the transmittal of the 135 3
Notice of Appeal as to Clemmeth D Nevels to the U.S. Court of Appeals. (Retained counsel, Fees not paid) (djs, ) (Entered: 06/01/2006)

0610 112006

1 8 Amended LETTER re Appeal to all counsel advising of the transmittal of 3 the 135Notice of Appeal as to Clemmeth D Nevels to the U.S. Court of
Appeals. Letter amended to indicate counsel for appellant is CJA. (djs, ) (Entered: 0610 112006)

0610 112006

139 JUDGMENT as to defendant Clemmeth D Nevels, Criminal Case
Terminated. Signed by Judge Lewis T. Babcock on 6/1/2006. (sschrsl, ) (Entered: 06/01/2006)

06/02/2006 06/12/2006

11 4

USCA Case Number as to Clemmeth D Nevels 06-1240 for 135Notice of Appeal filed by Clemmeth D Nevels. (djs, ) (Entered: 06/05/2006) Clemmeth D Nevels. (Attachments: # 1)(Casper, Dana) (Entered: 0611212006)

42 DESIGNATION OF RECORD ON APPEAL, re 135Notice of Appeal by

06/12/2006 06/12/2006 0611212006 0611412006

1 3 TRANSCRIPT ORDER FORM re 135Notice of Appeal by Clemmeth D 4
Nevels. (Casper, Dana) (Entered: 06/12/2006)

3 144 TRANSCRIPT ORDER FORM re 1 5Notice of Appeal by Clemmeth D Nevels. (Casper, Dana) (Entered: 06/12/2006)

1 5 TRANSCRIPT ORDER FORM re 135Notice of Appeal by Clemmeth D 4
Nevels. (Casper, Dana) (Entered: 06/12/2006)

1 7 REPORTER TRANSCRIPT ORDER FORM filed by Gwen Daniel. 4
Transcripts ordered 5119/05, 12/22/05, 1117/06, 1/25/06,2/23/06,3/6/063/9/06, 5/26/06 re 135Notice of Appeal. Transcript due by 7/14/2006. (djs, ) (Entered: 0611512006)

0611912006

1 8 REPORTER TRANSCRIPT ORDER FORM filed by Adrienne Whitlow. 4 Transcripts ordered 10/14/05 and 1121/05 re 135Notice of Appeal.
Transcript due by 711512006. (djs, ) (Entered: 0612 112006)

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Page 16Page 16 of 16 of 16

PACER Sewice Center
Transaction Receipt
0612 112006 15:43:02 Client Code: m J I D o c k e t I ~ e a r e Criteria: 1:04-cr-00417-LTB h 0.88