$5170 ?P'dEi' fi" VV we-, ,Vi vc-1 um F. JR. FL 32399-2300 850/561-5600 EXECUTIVE DIREUTDR August 6, 2010 Mr. Michael Sigrnan 0 PO Box 1786 _,Hip 5 L0 Orlando, FL 32802 1786 5,48 Re: The Florida Bar v. lan Bruce Hinshelwood TFB File NO. 2009-30,942 (9E) Dear Mr, Sigman: This advises that your client has been scheduled to attend the bar's Ethics School on September 24, 2010, from 8:00 a.m. to 4:30 at The Florida Bar's Orlando branch office located at The Gateway Center, 1000 Legion Place, Suite 1625, Orlando, Florida. If driving directions are needed, please contact that office at (407) 425-5424. Please contirm your client's attendance at this class by contacting me at (850) 561-5719, or via email at saustin@t1abar,org. Sincerely, Susan Austin, Program Administrator cc: Mr. Kenneth Bryk, Bar Counsel, Orlando Branch Office PUBUC RECORD -1 -.au-QL, THE FLORIDA BAR 77 EXECUTIVE March 30, 2010 Mr. Michael Sigman PO Box 1786 Orlando, FL 32802-1786 Re: The Florida Bar v. Ian Bruce Hinshelwoocl TFB File No. 2009-30,942 (9E) Dear Mr. Sigman: This continns receipt of your client's check numbered 1103 in the amotmt of $361 .80, and check numbered 1104 in the amount of $750.00, as payment in full for costs and fees in this matter. Your client will be notified of an upcoming Ethics School class once a date and time has been finalized. I am your client's contact person at The Florida Bar for issues relating to the recommendation of diversion. Please contact me at the above address or by telephone at (850) 561-5719 should you have any questions. Sincerely, Susan Austin, Program Administrator cc: Mr. Kenneth Bryk, Bar Counsel, Orlando Branch Office ZDID 3 i .L 0 li Pusuc RECORD 0136 Pm.. JOHN F. HARKNESS, JR. ORLANDO, FL 32804-6314 LAWYER REGULATION 407/425-5424 EXECUTIVE UPL EPARTMENT 407/425-0473 December 22, 2009 Michael Sigman P.O. Box 1786 Orlando, Florida Re: Complaint by The Florida Bar Against Ian Bruce Hinshelwood, Attomey No. 232882 Case No. Dear Mr. Sigman: This acknowledges Mr. Hinshelwood's letter of December 22, 2009, wherein he indicates acceptance of the diversion recommendation entered in this matter. As a result thereof this disciplinary file is now closed and will not be reopened unless he fails to successfully coniplete the agreed upon diversion. The Program Administrator will contact Mr. Hinshelwood regarding his attendance at the next scheduled Ethics. Sincerel Kenneth H. P. Bar Counsel cc: Zachary E. Stoumbos, Co-Counsel for Respondent John R. Hamilton, Chair Mary Ann Morgan, Designated Reviewer PPEP Program Administrator PUBLIC RECORD exe-fy Vg BRUCE FKA. .W ee Orlando, Florida 32802 Cell: 407~455-0525 529 North Magnolia Avenue December 22, 2009 Orlando, Florida 32801 Mr. Kenneth H.P. The Florida Bar 1200 Edgewater Drive Orlando, Florida 32804-6314 Dear Mr. Bryk: Re: Complaint by the Florida Bar Case No. accept the diversion recommendation set forth in your letter dated December 16, 2009. Enclosed are checks in the amounts of $361.80 and $750.00, in accordance with your letter. Sincerely, Bruce Hinshelwood 1 J, Seen and reviewed by: I 4 4 g?nfgg Michae igman,- ii/ .9 PUBUC RECORD 1 ORLANDO, FL 32804-6314 LAWYER REGULATION DEPARTMENT UPL DEPARTMENT 407/425-0473 1200 EDGEWATER DRIVE JOHN F. HARKNESS, JR. EXECUTIVE DIRECTOR Mem ora ndum To: Susan Austin From: Kenneth H. P. Bryk, Bar Counsel Date: December 22, 2009 Re: lan Bruce Hinshelwood Case No. Diversion Costs Enclosed please ind the Respondent's check 1103, dated 12/22/09, in the amount of $361 .80 and the Respondenfs check #1104, dated 12/22/09, in the amount of $750.00 in payment of costs of Dwersion to Ethics School. Enclosures PUBLIC RECORD Bnucs H|NsH'ELwoon ozna "f~f&Fw v- ug --gg 5 yy -z 13, .lgi-:lim ,mia i1~ '54g_ 1 I . "ff" ff" ?u2iiPUBLIC RECORD IN THE SUPREME COURT OF FLORIDA . IN RE: Complaint by The Florida Bar Against Ian Bruce Hinshelwood, Attorney No. 232882 Case No. GRIEVAN CE COMMITTEE RECOMMENDATION OF DIVERSION I. COMMITTEE RECOMMENDATION OFVDIVERSION: Pursuant to rule 3~5.3, Rules Regulating The Florida Bar, the grievance committee recommends diversion of this matter to a practice and professionalism enhancement program under the terms and conditions stated herein. II. PURPOSE AND PROGRAMS WHICH ARE RECOMMENDED: The purpose of the diversion is to assist the respondent in the future avoidance of the situations summarized below. The following program(s) are recommended: Ethics School NARRATIVE SUMMARY: In February 2009, the Department of Justice (DOJ) referred a matter to the bar, arising from its internal investigation of respondent's actions in a criminal prosecution. In and between 1999 and 2001, while employed as an Assistant United States Attomey, respondent was assigned to prosecute a criminal defendant on drug trafficking andyrelated charges. An indictment and superseding indictment were retumed in August 2001 and Octofper 2001, respectively. In November 2'00l, following a jury trial, the defendant was convicted of various charges. In February 2002, the defense moved for a new trial, alleging various Brady and Giglio violations. In May 2002, the motion for a new trial was granted based upon these violations. Following numerous motions and orders for discovery and production, in September 2004, all charges against the defendant were dismissed based upon Brady, Giglio and Jencks Act violations. In February 2008, respondent retired from the U.S. Attorney's Office. Although nearly all of the alleged misconduct took place over six years before the referral to the bar, the committee also generally questioned respondent's timeliness in his post-remand production to the defense and his degree of cooperation during the investigation by the DOJ PUBLIC RECORD IV. FEES: The respondent shall pay the fee of $750 for the Ethics School ,f,h _thr eew~rra-esimw diversion recommendation. V. COSTS: The respondent shall pay the following costs: Court Reporter Costs 95.00 2. Investigator Cost 16.80 3. Copy Costs $150.00 Total Costs $361.80 Costs shall be due to The Florida Bar within 30 days from acceptance of this diversion recommendation. VI. EFFECT OF DIVERSION: Diversion to a practice and professionalism enhancement program shall close this disciplinary tile Without imposition of a disciplinary sanction and diversion shall not constitute a record of professional misconduct. If respondent successfully completes the diversion recommended heretmder, this disciplinary tile shall remain closed. VII. EFFECT OF FAILURE TO COMPLY WITH DIVERSION RECOMIVIENDATION: If you fail to tially comply with all requirements of this diversion, the bar may reopen its disciplinary tile and conduct further proceedings under rule Rules Regulating The Florida Bar. Failure to complete the practice and professionalism enhancement program shall be considered a matter of aggravation when imposing a disciplinary sanction. Pursuant to rules l-3.6 (C) and Rules Regulating The Florida Bar: Any person now or hereafter licensed to practice law in Florida shall be deemed a delinquent member if the member: fails to pay the costs assessed in- diversion or disciplinary cases Within 30 days after the disciplinary decision or diversion recommendation becomes final, unless such time is extended by the board of governors for good cause shown; fails to pay fees imposed as part of diversion for more than 90 days after the diversion recommendation became Enal, unless such time is extended by the board of governors for good cause shown. Delinquent members shall not engage in the practice of law in Florida nor be entitled to any privileges and benefits accorded to members of The Florida Bar in good standing. PUBLIC RECORD 2 COMMITTEE VOTE: A Not voting on the report and recommendation 1 we DATED this day of I Ce. . 2009. 1/ 11 R. Ha 1 hair th Judicial ircuit Grievance Committee 3 mm: in ;q;:p0RD -2 _We JOHN F. HARKNES5, JR. ORLANDO, FL 328046314 REGULATION DEPARTMENT 407/425-5424 Exzcu-rwz Dnuci-on UPL DEPARTMENT ww\v.FLAaArc.ona December 16, 2009 Michael Sigrnan P.O. Box 1786 Orlando, Florida 32802 Zachary E. Stoumbos 529 N. Magnolia Avenue Orlando, Florida 32801 Re: ,Complaint by The Florida Bar =Aga.inst Ian Bruce Hinshelwood, Attorney No. 232882 Case No. Dear Sigman and Stoumbos: On December 4, 2009, grievance committee voted to recommend diversion of this matter to a Practice and Professionalism Enhancement Program. A copy of the committee's recommendation is attached. Your client's options are: accept the diversion recommendation; or reject the diversion recommendation; If your client accepts the diversion recommendation, this disciplinary file shall be immediately closed without any action against him, and will remain closed unless he fails to successfully complete the requirements of the diversion recommendation as stated in the committee's report. If your client rejects the dive er proceedings. rsion recommendation, this matter shall be returned to the committee for Pursuant to Rules Regulating The Florida Bar 3-53(1) and your client has 15 days from the date etter to re]ect the diversion recommendation. If your client does not do so within that time, and do so in writing, the diversion recommendation will be deemed accepted. Rule 3-5 Sincerely, I Bar Counsel Emma PUBLIC RECORD cc: John R. Hamilton, Chair, Grievance Committee Mary Ann Morgan, Designated Reviewer ACAP Program Administrator- w/enclosure IN THE SUPREME COURT OF FLORIDA (Before a Grievance Committee) .M IN I Against Ian Bruce Hinshelwood, Attorney No. 232882 Case No. GRIEVANCE COMMITTEE RECOMMENDATION OF DIVERSION I. GRIEVAN CE COMMITTEE RECOMMENDATION OF DIVERSION: Pursuant to rule 3-5.3, Rules Regulating The Florida Bar, the grievance committee recommends diversion of this matter to a practice and professionalism enhancement program under the terms and conditions stated herein. II. PURPOSE AND PROGRAMS WHICH ARE RECOMMENDED: The purpose of the diversion is to assist the respondent in the future avoidance of the situations summarized below. The following program(s) are recommended: Ethics School NARRATIVE SUMMARY: In February 2009, the Department of Justice (DOJ) referred a matter to the bar, arising from its intemal investigation of respondent's actions in a criminal prosecution. In and between 1999 and 2001, while employed as an Assistant United States Attorney, respondent was assigned to prosecute a criminal defendant on drug trafficking and related charges. An indictment and superseding indictment were returned in August 2001 and October 2001, respectively, In November 2001, following a jury trial, the defendant was convicted of various charges. In February 2002, the defense moved for a new trial, alleging various Brady and Giglio violations. In May 2002, the motion for a new trial was granted based upon these violations. Following ntunerous motions and orders for discovery and production, in September 2004, all charges against the defendant were dismissed based upon Brady, Giglio and Jencks Act violations. In February 2008, respondent retired from the U.S. Attomey's Office. Although nearly all of the alleged misconduct took place over six years before the referral to the bar, the committee also generally questioned respondent's timeliness in his post-remand production to the defense and his degree of cooperation during the investigation by the DOJ PUBLIC RECORD IV. FEES: The respondent shall pay the fee of $750 for the Ethics School Workshop. diversion hh I I V. COSTS: The respondent shall pay the following costs: Court Reporter Costs $195.00 2. Investigator Cost 16.80 3. Copy Costs ?l 50.00 Total Costs $361.80 Costs shall be due to The Florida Bar within 30 days from acceptance of this diversion recommendation. VI. EFFECT OF DIVERSION: Diversion to a practice and professionalism enhancement program shall close this disciplinary file without imposition of a disciplinary sanction and diversion shall not constitute a record of professional misconduct. If respondent successfully completes the diversion recommended hereunder, this disciplinary file shall remain closed. VII. EFFECT OF FAILURE TO COMPLY WITH DIVERSION RECOMMENDATION: If you fail to fully comply with all requirements of this diversion, the bar may reopen its disciplinary file and conduct further proceedings under rule Rules Regulating The Florida Bar. Failure to complete the practice and professionalism enhancement program shall be considered a matter of aggravation when imposing a disciplinary sanction. Pursuant to rules l-3,6 and Rules Regulating The Florida Bar: Any person now or hereafter licensed to practice law in Florida shall be deemed a delinquent member if the member: fails to pay the costs assessed in diversion or disciplinary cases within 30 days after the disciplinary decision or diversion recommendation becomes final, unless such time is extended by the board of governors for good cause shown; fails to pay fees imposed as part of diversion for more than 90 days after the diversion recommendation became final, unless such time is extended by the board of governors for good cause shown. Delinquent members shall not engage in the practice of law in Florida nor be entitled to any privileges and benefits accorded to members of The Florida Bar in good standing. 2 PUBLIC RECORD COMMITTEE VOTE: In favor ofthe report and recommendation Not voting on tloeireport 'r7` 1 5 lb DATED this day of I Ce . ,2009hair th Judicial ircuit Grievance Committee 3 PUBLIC RECORD ZACHARY E. STOUMBOS, 1EURA. ATTORNEYS AND COUNSELORS AT LAW 529 North Magnolia Avenue Orlando, Florida 32801 Phone: (407) 649-4949 Fax: (407) September 25, 2009 Mr. Kenneth H. The Florida Bar 1200 Edgewater Drive Orlando, Florida 32804-6314 Hand Delivery Re: Florida Bar Comglaint, Case Number 2009-30, 942 Dear Mr. Bryk: I have agreed to Mr. Bruce Hinshelwood's request that I assist in his representation in the above-referenced matter, along with Michael Si gman. Please consider this as my notification to you in that regard. If you have any questions, please feel free to contact me. /1 I remain, lj lil tliilly yours, ZACHARY E. STOUMBOS, ESQ. cc: Bruce Hinshelwood, Esq. PUBLIC RECORD QTHQ THE FLORIDA BAR T200 EUl7Ew?r'r1m'DkIvE ETTARKNESS, .I R. LAWYER Rzsumrion EXECUTIVE DIRECTOR UPL DEPARTMENT 407/425-047 3 Rita M. Mott September 22, 2009 1901 Hinckley Road Orlando, FL 32818 RE: Ian Bruce Hinshelwood, Attorney No. 232882 Case No. Dear Rita: This letter will confirm our telephone conversation scheduling a court reporter for a Florida Bar matter as lollows: Date: Time: Friday, September 25, 2009 9:30 am Style of Hearing: Deposition AI1 investigation by The Florida Bar Location ot`Hearing: Otiice of Michael Sigman- Responderit's Counsel 55 E. Washington St. Orlando, Florida 32802 Investigating Members: Lorraine De Young and Blaine McChesney Estimated Time for Deposition: 2 hours If you have any questions, please let me know. Susy Rodrigiez Legal Secretary /smr Enclosure cc: Kenneth H. P. Bryk, Bar Counsel PUBLIC RECORD "Birney,Wl|liam To "Kenneth Bryk" Eugene Lyons :ig 9?/14/2002 _ EJURY TRIAL Day 5 before Judge Gregory A. Presnell as to Antonino Eugene Lyons. Court Reporter: 92 '11/13/Zoolzoiane ward. (hsh) Modified on 03/18/2002 (enrerem 11/14/2001; -Runner 1 RESPONSE to (91-1] motion for reconsideration of Court's ruling that Special Agent Howell be precluded 93 11/13/20D1?from testifying about an undercover transaction that occurred on 01-23-99 by Antonino Eugene Lyons 1 on Runner MOTION by USA for reconsideration on Discovery Violation in the [81~1] jury trial minutes and the '94 decision to exclude the expert testimony of United States Secret Service Special Agent Lawrencei ?Lomonaco because his name was omitted from the Governments exhibit list as to Antonino Eugene . 7of2O RECORD 9/14/2009 11:35 AM LexisNexis Cou11Link Runner fRunner :Runner Runner :Runner Docket Number i E95 ill/13/20011 96 E11/14/2001i earch Result Resu ORDER as to Antonino Eugene Lyons granting [91-1] motion for reconsideration of Court's ruling that Special Agent Howell be precluded from testifying about an undercover transaction that occurred on (tiled in open court). (Signed by Judge Gregory A, Presnell 11/13/01) (hsh) Modified on I JURY TRIAL (DAY 6) before Judge Gregory A, Presnell as to Antonino Eugene Lyons held on 11/14/01. I Court Reporter: Diane Ward (nrs] Modified on 03/13/2002 (Entered: 11/15/2001) `11/14/2001; 297 E11/14/2001l es Runner Q99 111/15/2001; ORAL ORDER as to Antonino Eugene Lyons denying oral motion for mistrial, (Entered by Judge ORDER as to Antonino Eugene Lyons denying [94-1] motion for reconsideration on Discovery Violation 5 in the trial minutes and the Court's decision to exclude the expert testimony of United States Secret Service Special Agent Lawrence Lomonaco because his name was omitted from the Government's exhibit list as to Antonino Eugene Lyons and denying (Signed by Judge Gregory JURY TRIAL Day 7 before Judge Gregory A. Presnell as to Antonino Eugene Lyons held on 11/15/01. I AMENDED BILL OF by USA as to Antonino Eugene Lyons (filed in open Court). (hsh) Runner MM 51_s_to'the currency issue . (hsh) Modhfied on 03/18/2002 (Entered: 11/20"/2001) 1 :Runner Runner 3 11/15/2001 ORAL MOTION in open court by USA as to Antonino Eugene Lyons to dismiss Count 18 of the ORAL ORDER as to Antonino Eugene Lyons granting oral rnotion to dismiss Count 15 ofthe Indictment as to the counterfeit currency issue. (Entered by Judge Gregory A. Presnell) (hsh) Modified on 03/18/2002 (Entered: 11/20/2001) .11/15/2001; DISMISSAL of Count 18ss on government oral motion as to Antonino Eugene Lyons. Counts Dismissed: 1 :Runner Runner Runner 2 f11/15/20011 ?100l11/16/2001; V101 11/15/2001; ORAL MOTION in open court by Antonino Eugene Lyons for Judgment of acquittal as to Counts 1-17 of the Indictment Court takes matter under advisement. (hsh) Modified on 03/18/2002 (Entered: JURY TRIAL Day before Judge Gregory A, Presnell as to Antonino Eugene Lyons held on 11/16/01. Court Reporter: Diane Ward. (hsh) Modified on 04/01/2002 (Entered: 11/20/2001) MEMORANDUM by Antonino Eugene Lyons re: Bifurcation of Trial (filed in open court). (hsh) Modified oni 1 S. :Runner RUYIDSF Runner 102 11/16/2001; ?1o3?11/16/20012 MEMORANDUM by Antonino Eugene Lyons in support of oral motion forjudgment of acquittal re: Counts 7-16 of the Indictment (filed in open court). (hsh) Modified on (Entered: 5 11/20/2001) Teeotfosso SRECIAL by Antonino Eugene Lyons (nneain open court). (hsh) '1o4i11/16/2001i :Runner 105l11/19/2001? MEMORANDUM by USA as to Antonino Eugene Lyons on Forfeiture Procedure (filed in open court). (hsh) JURY TRIAL Day 9 before Judge Gregory A. Presnell as to Antonino Eugene Lyons held on 11/19/01. Runner :Runner Runner _Runner Runner ;105l11/19/20011 107 11/19/2001i 10811/19/2001i MEMORANDUM by Antonino Eugene Lyons re: Missing Witness Instruction (filed in open court) (hsh) PROPOSED JURY INSTRUCTIONS 11/19/01 as to Antonino Eugene Lyons (nled in open court). 1 PROPOSED JURY dated 11/15/01 as to Antonino Eugene Lyons (filed in open I 109:11/19/2001; 3110 ORDER as to Antonino Eugene Lyons granting in part, denying in part oral motion forjudgment of acquittal as to Counts 1-17 of the Indictment. Motion for Judgment of Acquittal on the First Supersedingi Indictment as to Count 1 is DENIED, Count 2 is GRANTED, Count 3 is DENIED, Count 5 is GRANTED, 1 Count 17 is GRANTED (filed in open court). (Signed by Judge Gregory A. Presnell) (hsh) Modified on ORDER: Oral Motion for Judgment of Acquittal as to Count 7-16 of the First Superseding Indictment is DENIED as to Antonino Eugene Lyons (nled in open court). (Signed by Judge Gregory A. Presnell) :tc _Runner Runner _Runner Runner 111:11/19/2001l WRIT of habeas corpus ad testificandum retumed unexecuted for Raphael Matos as to Antonino Eugene 1 Lyons. (hsh) Modified on (Entered: 11/20/2001) 11211/19/2001i `113 11/20/2001i _114>>11/20/2001; PROPOSED JURY INSTRUCTIONS dated 11/15/01 as to Antonino Eugene Lyons (working CODY i from 11/15/01 jury instruction charge conference) (filed in open court) (hsh) Modified on 04/01/2002 JURY TRIAL Day 10 before Judge Gregory A. Presnell as to Antonino Eugene Lyons held on 11/20/01 04/018293 ORDER: The court grants Gregory Eisenmenger permission to bring 1 cellular telephone into the U.S. Courthouse, Courtroom 3, for use during trial which began 11/5/01 as to Antonino Eugene Lyons (filed in open court). (Signed by Judge Gregory A. Presnell) (hsh) Modified on (Entered: _Runner Runner 115`11/20/2001; JURY INSTRUCTIONS as to Antonino Eugene Lyons (filed in open court) (hsh) Modified on 11/21/3991> JURY TRIAL before Judge Gregory A. Presnell as to Antonino Eugene Lyons held on 11/21/01. Court 7 Reporter: Diane 11/2?/2001) _i RUBLIC RECORD 5 0f20 9/14/2009 11 35 AM LexisNexis CourtLin_k Docket Number Search Result .courtlir1k.1e"` QORAL MOTION ln open court by Antonino Eugene Lyons for Release on Bond (hsh) Modified on Runnei 2 Runner ORDER as to Antonino Eugene Lyons denying oral motion for Release on Bond. (Entered by V.V, EMOTION by Robert Keith Abel to avoid Judicial Retaliation "Diesel Therapy" as to Antonino 1 mg; Lyons. (nsn) Modified on 04/01/2002 (Entered: 11/25/2001) .see YT Qreqotte- Eugene held 2 2 Runner LIST by USA as to Antonino Eugene Lyons. (hsh) Modified on 04/01/2002 (Entered: 1 _11/27/2001) LIST by Antonino Eugene Lyons as to Antonio Eugene Lyons. (hsh) Modiied on 04/01/2002 Runner .120 11/25/2001* E(Entered: 11/27/2001) _Runner EXHIBIT LIST as to Antonino Eugene Lyons. (hsn) Modified on 04/01/2002 (Entered: '11/27/2001) of Guilty: Antonino Eugene Lyons Counw lss, 6ss, 755-1655 Not Guilty: Antonino 122 11/26/20O1fEugene Lyons Counts 3ss, 455 (hsh) Modified on 04/01/2002 (Entered: 11/27/2001) Wwe, OF SENTENCING: set sentencing at 1:00 p.m_ on 2/13/02 for Antonino Eugene Lyons before Runner 123511/26/2O01%Judge Gregory A. Presnell (Signed by Deputy Clerk) (hsh) Modified on (Entered: i (NOTICE OF Set Forfeiture Hearing on Tuesday, January 24, 2002 at 9:00 a.m. Antonino Runner ?124?12/03/2001lEugene Lyons before Judge Gregory A, Presnell (Signed by Judge Gregory A. Presnell) (hsh) 'Modified on (Entered: QMOTION by Antonino Eugene Lyons for Judgment of Acquittal notwithstanding the Verdict/ Motion for Irial (hsh) Modified on 04/01/2002 (Entered: 12/03/2001) EMOTION by USA for dismissal of material witness warrant (Glona Ann Barton Western, material witness)f Runner 126 12/05/2001;as to Antonino Eugene Lyons; Referred to Magistrate Judge David A. Baker. (cs) Modified on 1/ 209% 951 ?9932 EORDER as to Antonino Eugene Lyons granting [126-1] motion for dismissal of material witness warrant Runner >>1.27 12/07/2001 (Gloria Ann Barton Western, material witness). (Signed by Magistrate Judge David A. Baker) (hsh) I as to Antonino Eugene Lyons by USA to Defendants [125-1] Motion for Judgment of ;Runner 128112/12/2001?Acquittal notwithstanding the Verdict; [125-2] Motion for New Trial. (hsh) Modined on 04/01/2002 i OF HEARING: Motion hearing set at 9:00 a.m. on 1/11/02 as to: Antonino Lyons, re: (125~1) _Runner 129 12/14/2001?motion forjudgment of acquittal; (125-2) motion for new trial before Judge Gregory A, Presnell FMOTION HEARING held on January 11, 2002 before Judge Gregory A. Presnell as to Antonino Eugene Runner re: motion forJudgment of Acquittal notwithstanding the Verdict, [125-2] motion Motion for Wa' SUPPLEMENTAL RESPONSE as to Antonino Eugene Lyons by USA re: [1251] motion for Judgment of Runner 131 ;01/14/2002:Acquittal notwithstanding Verdict, [125-2] motion Motion for New Trial. (hsh) Modified on 06/06/2002 (Entered: 03/15/2002) as to Antonino Eugene Lyons denying Robert Abel's [117>1] motion to avoid Judicial Retaliation 'Runner "Diesel Therapy" as to Antonino Eugene Lyons. Si ned by Judge Gregory A. Presnell) (hsh) 3 9 (MEMORANDUM OF LAW in Response to the Govemment's [131-1] Response to Defendants Motions for I Runner _133 01/18/2002?Judgment of Acquittal and New Trial/Notice of Supplemental Authority by Antonino Eugene Lyons, (hsh) 5 FORFEITURE HEARING held on January 24, 2002 before Judge Gregory A. Presnell as to Antonino ?Runner 134501/24/2002?Eugene Lyons. Court Reporter: Diane Peede. (hsh) ModiHed on 04/01/2002 (AJD). (Entered: I n) Modified on 04/01/2002 ,Runner LIST by USA as to Antonino Eugene Lyons (filed In open court) (hs Runner BRIEF by USA for [134>>1] Forfeiture Hearing. (hsh) Modified on 04/01/2002 (AJD). (Entered: I 1 201/25/2002) of Continuance of Sentencing Hearing Reset Sentencing at 1:00 p.m. on 3/6/02 for Antonino I Runner Lyons before Judge Gregory A. Presnell (hsh) Modified on 04/01/2002 (AJD). (Entered: as to Antonino Eugene Lyons denying [125-1] motion for Judgment of Acquittal notwithstanding Runner 138 01/29/2002lthe Verdict; denying motion Motion for New Trial. (Signed by Judge Gregory A. Presnell) . BENCH BRIEF by Antonino Eugene Lyons for Forfeiture Hearing. (hsh) Modified on 3139 (foo). (Entered: 02/11/2002) 3 of attorney appearance for Antonino Eugene Lyons by Sarah Cato. (hsh) Modiied on s5n=ef@d= QMOTION by Antonino Eugene Lyons for Sarah Cato to appear pro hat vice Referred to Magistrate on 02/15/2002> NOTICE OF HEARING: Reset sentencing for 3:00 3/6/02 for Antonino Eugene Lyons; Runner -142 ?02/21/2002_scheduIed for Judge Gregory A. Presnell (Signed by Deputy Clerk) (jrm) Modified on 04/01/2002 RECQRD 9 0f20 9/14/2009 11:35 AM LexisNexis CounLink :Runner Docket Nnunber Search Result .143 AMENDED NOTICE OF SENTENCING HEARING: reset sentencing for 3:30 3/6/02 for Antonino fO2/26/2002?Eugene Lyons scheduled for Judge Gregory A. Presnell . ctr: (hsh) Modified on 04/01/2002 (AJD). Runner V144 MOTION with memorandum in support by Antonino Eugene Lyons for new trial (jrm) Modified; Runner ?Runner of Conflict by Antonino Eugene Lyons (hsh) Modified on 04/01/2002 (AJD) (Entered' We ee.r ee,e 146 147 E03/01/2002?Eugene Lyons scheduled before Judge Gregory A. Presnell . (Signed by Deputy Clerk) (hsh) Modified; I AMENDED NOTICE OF SENTENCING: Reset sentencing at 1:00 p.rn. on 3/14/02 for Antonino '03/04/2002,Eugene Lyons scheduled before Judge Gregory A. Presnell . (Signed by Deputy Clerk) (hsh) Modified? Runner 148 1 as to Antonino Eugene Lyons denying [141>>1] motion for Sarah Cato to appear pro hac vice. _The motion recites that Ms. Cato wishes to appear for "Plaintiff", Only authorized representatives of the ?Un|ted States Attorneys Office or Department of Justice can appear for the govemment. Assuming that ?03/08/2002?the designation "Plaintiff" is an inadvertence, the motion must still be denied. Ms. Cato does not indicate; gin what capacity she wishes appear on behalf of this Defendant, who is already represented by counsel. 5 ;Ms, Cato also fails to show compliance with Local Rule (Signed by Magistrate Judge David Runner 149 ;o3/ua/2002; . REQUEST by Antonino Eugene Lyons for an order to approve attorney's investigators visit . (hsh) (AJD). (Entered: 03/11/2002) :Runner E150 as to Antonino Eugene Lyons for the United States to flle its response to Defendant's second Runner ?Runner 3 as to Antonino Eugene Lyons by USA re: [144-1] motion for new trial. (hsh) (AJD). referred to Magistrate Judge David A. Baker as to Antonino Eugene Lyons [149-1] motion for ian visit. (hshy) (Entered: 03/11/2002) Runner fRunner _Runner 152 (TRANSCRIPT as to Antonino Eugene Lyons of testimony of David Mercer held on 11/7/01 before Judge i Q03/11/2002;Gregory A. Presnell in support of sentencing hearing. Transcript nied separately, (hsh) (AJD). (Entered: ?03/11/2002) i as to Antonino Eugene Lyons of testimony of Robert Britton and Carlos Ridley held on 1153 154 203/11/2002?11/13/01 before Judge Gregory Presnell. Transcript filed separately. (hsh) (AJD). (Entered: 03/11/2002) 1 5 as to Antonino Eugene Lyons denying [149-1] motion for an order to approve attorney's 'investigator's visit. This motion is premised on two erroneous assumptions: first, that counsel has a E03/11/2002?pend1ng motion for admission pro hac vice, and, second, that court approval is needed to visit prisoners Ewhile in federal custody at local jails. The motion for admission was denied, and no such approval is i I Runner Runner .Runner Runner 155 Eugene Lyons denying [144-1] motion for new trial. (Signed by Judge Gregory" 5_5 2157 158 i159 PF to Defendant's motion to withdraw as counsel as to Antonino Eugene Lyons by USA (the 503/13/20022government received the defendant's motion by fax on March 13, 2002) (hsh) (AJD). (Entered: i by Antonino Eugene Lyons for Gregory W, Eisenmenger and Robert R. Berry, co-counsel for ESENTENCING held on March 14, 2002 before Judge Gregory A. Presnell. Court wants to set both a 203/14/2002?forfieture hearing and reset sentencing and will when new counsel appears, New counsel to nie a . :motion to appear within 10 days. Court Reporter: Rita Meyer. (hsh (AJD . (Entered: 03/15/2002) 3 'Runner .Runner I referred to Judge Gregory A. Presnell as to Antonino Eugene Lyons [1581] motion for Q03/15/2002?Gregory W. Eisenmenger and Robert R. Berry, co-counsel for the Defendant to withdraw as counsel. ORDER: The sentencing in this matter is hereby continued. Defendant's substitute counsel has until I ,Withdraw filed by Defendants existing counsel is deferred untll further order of the Court as to Antonino? jEugene_ Lyons. (Signed by Judge_Gregory A. fresnell) (hsh) (AJD). (Ernered: 03/15/2002) 203/15/2Do2?March 25, 2002 in which to file her appearance in accordance with the Rules of this Court, The Motion -Runner Runner fRunner -161 162 E163 i i (NOTICE OF HEARING: Set Forfeiture and Sentencing at 9:00 a.m. on 4/9/02 for Antonino Eugene Lyons 103/15/2002ischeduled before Judge Gregory A. Presnell (Signed by Judge Gregory A. Presnell) (hsh) (AJD). 02/1520023 .03/15/2??2?arrurney (hsh) (AJD). (entered. 03/18/2002) MOTION by Antonino Eugene Lyons for Gregory W. Eisenmenger Robert R. Berry to withdraw as by Antonino Eugene Lyons to withdraw [162-1] rnotlon for Gregory W. Eisenmenger 5. Robert Berry to withdraw as attorney, [158-1] rnotion for Gregory W. Eisenmenger and Robert R. Berry, Lcolcounsel for the withdravtjis counsel . (Entered: 03/29/2002) RLIVIDEF 154 ORDER as to Antonino Eugene Lyons denying [162-1] motion for Gregory W. Eisenmenger Robert R, Berry to withdraw as attomey, denying [158-1] motion for Gregory W. Eisenmenger and Robert R. iD3/29/Zooz?lierry, co~counsel for the Defendant to withdraw as counsel. (Signed by Judge Gregory A. Presnell) Runner 165 .166 by Antonino Eugene Lyons for reconsideration of Defendant's [144-1] Second Motion for New I by Antonino Eugene Lyons for Sarah Cato leave to enter appearance under pro hac vice I00f20 9/14/2oo911;35AM LexisNexis Docket Number Search Result Resu of Sarah Cato by Antonino Eugene Lyons Re: [1661] motion for Sarah Cato leave to enter Wi' pe ENOTICE of attomey appearance for Antonino Eugene Lyons by Lisa Taylor Munyon (hsh) (AID). ,oya _Runner VOLUME 3; BEGIN VOLUME 4 WITH DOCUMENT 166 as to Antonino Eugene Lyons. (hsh) (Entered: 504/11/2002) _ee rnotlorl 5 as to Antonino Eugene Lyons granting [166-1] motion for Sarah Cato leave to enter appearance :Runner 170f04/04/2002 under pro hac vice application (Signed by Judge Gregory A. Presnell) (jrrn) (AJD). (Entered: by Antonino Eugene Lyons For Lisa T. Munyon to Withdraw as Local Counsel . (hsh) (AJD). Wi' Granting Defendant's [165~1] motion for reconsideration of Defendant's [144-1] Second Motiong ?New Trial as to Antonino Eugene Lyons. It is further ordered that the foifeiture and sentencing hearings Runner 17204/04/2O02?scheduled for April 8 and 9, 2002 are CANCELLED. Instead the Court will conduct an Evidentiary 'Hearing on Defendant's Second Motion for New Trial. Set hearing for 9:00 4/9/02 for Antonino Eugene . :Lyons scheduled for Judge Gregory A. Presnell (Signed by Judge Gregory A, Presnell (hsh) (AJD). 1_ QANSWER to Governments [169-1] response to motion for reconsideration of Defendants second motioni 04/?Sc?992> I HEARING held on April 9, 2002 before Judge Gregory A. Presnell as to Antonino Eugene Lyons Runner 174204/09/2002lon Defendant's Motion for New Trial (Doc, No. 155). Court Reporter: Diane Peede. (hsh) (AJD). 1 1 by Antonino Eugene Lyons for production of investigative notes and reports (nled in open frenz wi- as to Antonino Eugene Lyons Denying as moot [163-1] motion to withdraw [162-1] motion for Runner W. Eisenmenger Robert R. Berry to withdraw as attorney. (Signed by .ludge Gregory A. I W. as to Antonino Eugene Lyons Denying without prejudice [171-1] motion for Lisa T. Munyon to Runner 177504/09/Zooziwithdraw as Local counsel. (Signed by Judge Gregory Presnell) (hsh) (AE). (Entered: The Government shall submit a memorandum, not exceeding ten pages by April 15, 2002; and i _Runner _178434/09/2DD2iDefendant shall submit its responsive memorandum, not to exceed ten pages by April 22, 2002 as to 3 3 The Government shall produce for in camera inspection any and all investigative, debnefing land written trial preparation materials for David Mercer, by Friday, April 12, 2002 as to Antonino i 3Eugene Lyons. Such materials shall include, but are not limited to notes, reports, documens, tape transcripts, etc., made by any Government agency, including but not limited to the Drug mme _Enforcement Agency, U.S. Customs, Secret Service, Federal Bureau of Investigations, U.S. Marshai's 3 ?Sen/Ice, Bureau of Alcohol, Tobacco, and Firearms, the U.S. Attorney's ofnce, and any other state, ifederal, or local authority acting on the Government's behalf. These materials shall not include any .Runner and Agent Notes Under Seal by USA as to Antonino Eugene _Runner Qfiiv?wr _sushi 34? 2 STATEMENTS by Antonino Eugene Lyons Submitted in Support of [144-1] Second Motion for New Trial. ?Runner PURSUANT TO 204-1 COURT (hsh) Modified on 05/09/2002 (Entered: M., use _sw OF of [182-1] Statements Submitted In Support of Defendants Second Motion 5 EGOVERNMENTS NOTICE of Location of Tapes and Transcripts oy USA as to Antonino Eugene Lyons. Tl 2 NOTICE of Submission of Tapes and Transcripts by USA as to Antonino Eugene Lyons. 'Runner Compact attached, dates of10/5/95 and 10/6/95) (hsh) Modified on 04/12/2002 (AJD). A I The Court has reviewed the in camera documents submitted pursuant to the Court's Order of _April 9, 2002. Consistent with this Court's oral pronouncement on April 9, 2002, the Government is ihereby notihed that this Court intends to serve a redacted version of the aforementioned documents on _Runner Counsel. Accordingly, the Government may submit a redacted version of the :aforementioned documenm to the Court by 12:00 noon, Monday, April 15, 2002 for service upon the ;Defendant, as to Antonino Eugene Lyons, (Signed by Judge Gregory A. Presnell) ctr: (hsh) 5* A SECOND NOTICE of Submission of.Tapes and Transcripts by USA as to Antonino Runner Lyons (2 audio compact disc attached tapes entered into evidence in U.S. v. Carol Miller St not entered into evidence in U.S. v. Miller) (hshufgpl. (Entered: 5 of Intention to File Further Reports and Agent Notes Out of Time by USA as to Antonino Eugene Runner SECOND FILING of Reports and Agent Notes Under Seal by USA as to Antonino Eugene EUELTC RECDRD 11 of20 9/14/2009 11 35 AM LexisNexis Cou.rtLink Docket Number Search Result Resu LRUUPFV 2 i ORDER: Pursuant to this Court`s Order (Doc, 186), the Government produced redacted copies of the gfollowing documents (listed 1-9) pertaining to interviews of David Mercer and investigatory notes, for iservice upon the Defendant. The Court has reviewed the Government's redacted copies and has un-redacted the information pertaining to Stephanie Godfrey, a prosecution witness who at trial _against the Defendant. Furthermore, although the Government was provided with notice that these Zdocuments would be served on the Defendant and it had the opportunity to state its ob]ections the args ecrfiemea-in i 1 eredieteo" mirewwiiseefsfe 'objections Based upon this Coun:'s in camera review of the aforementioned documents, the Court finds (that these documents should have been provided to the Defendant under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. the Clerk of the Court is directed to serve the attached lredacted copies on the Defendant. as to Antonino Eugene Lyons Slgned by Judge Gregory A. Presnell I Runner ?Runner Runner Runner SUPPLEMENTAL mer IN Response as to ireconsideration of Defendant's [144-1] Second Motion for New Trial. (hsh) (AJD). (Additional added on 5/6/2008: 1 Appendix, 2 Appendix, 3 Appendix, 4 Appendix, 5 ?/lppendix, 6 Appendix, fr 7 Appendix, 4* 8 Appendix, 9 Appendix, 10 Afndavit) (AJD). (Entered: (04/16/2002) ADDENDUM to (191-1] Supplemental Brief in Response to Defendant's Motion for 192`04/17/2002 >Re?onsideration_0f Defendant'smSecond Motion forwhlew Trial. (hsh) 193 by Antonino Eugene Lyons for Leave to File Brief in Excess of Ten Pages (hsh) (AJD). ?(Entered: 04/19/2002) MEMORANDUM Regarding Defendant's [144-1] Second Motion for New Trial as to _194 04/19/2002 (hsh) (AJD): (Entered: 04/19/2002) _Runner Runner Runner Runner .Runner Runner i RUTIUEF Runner Runner :Runner V195 1 96 04/22/2002 197 04/23/2002 3 198 1199 200 as to Antonuno Eugene Lyonsgtanting (193>>1] motion for Leave to File Brief inlgmess of Ten* ?Pages as to Antonino Eugene Lyons. (Signed by Judge Gregory A. Presnell) (hsh) (AJD). (Entered: by USA for reconsideration of [190-1] order and for clarification of [190-1] order as to ?Antonino Eugene Lyons. (hsh) (AJD). (Entered: This cause came on for consideration on a letter and attachments received by the Court on ?Apnl 22, 2002, which requested this Court to take notice of several motions nled pursuant to Federal ;RuIe of Criminal Procedure 35. In the future, the Government, the Defendant, and all other interested fpersons should refrain from sending any matenals direcdy to the Court. Rather, all submissions should ,be made through Uwe Government or the Defendant's counsel and served on all parties. The Clerk ofthe ?Court is directed to copy and serve the attached letter and its attachments on Defendant, the ?Government, and the United States Probation Ofice. `I'he Government and the Defendant may submit a Qmotion, response or other papers (not to exceed 5 pages) to the Court for consideration on or before 'May E, 2002 as to Antonino Eugene Lyonst (Signed by Judge Gregory A. Presnell) QTO THIS ORDER ARE HEREBY STRICKEN PURSUANT TO THE 204~1 (hsh) Modifled On (AJD). (Entered: 04/23/2002) RESPONSE by Antonlno Eugene Lyons to Government's [195-1] Motion for reconsideration of [190-1] QRESPONSE to [197>>1] Court Order dated April 23, 2002 by Antonlno Eugene Lyons. (hsh) (AJD). 04/25/2002) 04/30/2002 04/30/2002 201 :202 lU5/07/2002 203 'Runner j2o4 THIRD FILING of Reports and Agent Notes Under Seal by USA as to Antonino Eugene i 5SEALED pocumeixn seg 04/30/2002) by USA to strike [197-1] Order and [182~1] Statements Submitted in support of Defendants 529905 QMOTION by USA for Leave to Flle Addemdum to Response to Defendant's Second Motion for New Trial IORDER: Upon consideration of the Govemment's [196-1] Motion for Reconsideration of (190-1] order las to Antonino Eugene Lyons, and Defendant's Response thereto (Doc. 198), it is ORDERED AND QADJUDGED that the Governments Motion is hereby DENIED. (Signed by Judge Gregory A. Presnell) Upon consideration of the Government's [201-1] Motion to Strike [197-1] Order and [182-1] ?Staternents Submitted in support of Defendant's Motion for New Trial as to Antonino Eugene Lyons, and gthe Defendants Response to the Court's Order dated April 23, 2002 (Doc. 199), it is ORDERED AND that the Governments Motion is hereby GRANTED. Those documents contained in the Court fflle at Doc. 182 and attached to the Order at Doc. 197 are hereby stricken. (Signed by Judge Gregory ,Runner Runner Runner 205 ,205 0 05/14/2002 EORDER as to Antonino Eugene Lyons granting [202-1] motion for Leave to File Addemdum to Response 'to Defendant's Second Motion for New Trial. (Signed by Judge Gregory A. Presnell) (hsh) (AJD). _(Entered: f05/14/2002 gsoveaunfiws Apoenoum to ,207 _Runner 208 as to Antonino Eugene Lyons of motion to withdraw hearing held on 3/14/02 before Judge I 9 IORDER as to Antonlno Eugene Lyons GRANTING [1654] Motion for Reconsideration of Defendant's Second Motion for New Trial; GRANTING [1441] Motion for New Trial as to Counts and ?LlBl,lC RECORD 12 0f20 9/14/200911.15 AM LexisNexis Courtlsink Runner Docket Number Sears* Result Resu E209 NOTICE OF HEARING: Set status conference at 1:00 p.m. on 6/5/02 for Antonino Eugene Lyons 05/23/2002fschedu|ed before Judge Gregory A. Presnell . (Signed by Judge Gregory A. Presnell) :tc (hsh) (AJD). Runner i210 by Antonino Eugene Lyons for Reconsideration of of Bond Status . (hsh) Modlfied on 5 (AJD). (Entered: OF HEARING: Motion hearing set at 1:00 p.m. on 6/5/02 as to: Antonino Lyons, re: (210-1) 05fr3'Uf2062=? nf :Runner Runner Runner 212 .213 3213 Runner Runner 214 215 al RESPONSE to Defendants [210~1] Motion for Reconsideration of Bond Status as to PU (5192-_ HEARING held on June 5, 2002 before Judge Gregory A. Presnell as to Antonino Eugene Lyons. _Court Reporter: Diane Peede. (hsh) (AJD). (Entered: 06/06/2002) 1 HEARING held on June 5, 2002 before Judge Gregory A. Presnell as to Antonino Eugene Lyons 06/O5/2002?re: [210-1] motion for reconsideration of Oral Order Denying Bond Status. Court takes new trial USA as to_Antonino Eugene Lyons. (Enteredj LIST by Antonino Eugene Lyons as to Antonino Eugene Lyons. (hsh) (AJD). (Entered: Runner 'Runner ?Runner Runner Runner :Runner :Runner 215g 3217 218 219 _zzo DOCUMENT Maumee 06/06/2002) TRANSCRIPT as to Antonino Eugene Lyons of status hearing and motion to reconsider bond held on i before Judge Gregory A. Presnell. Transcript filed separately. (jrrn) (AJD). (Entered: QNOTICE AND ORDER: The Clerk of the Court is directed to serve the attached redacted copy of SA iMangual's notes (Doc. (redacted by the Courti) on the Defendant. Furthermore, SA Mangual's Q06/07/2(J02lnotes filed under seal at Doc. 5-15, shall remain under seal until further order of this Court as to ?Antonino Eugene Lyons. (Signed by Judge Gregory A. Presnell) (hsh) Modified on 06/18/2002 Hammered: 06/10/2002) 3 OF TRIAL: The Tnal of this case will commence before the Honorable Gregory A. Presnell, on lMonday, July 15, 2002 at 9:00. The Court is considering bifurcating Count 6 and trying that Count at a isubsequent date Should either party obJect to such bifurcation they may file written objection on or ?06/11/20023before June 21, 2002. Set Jury Trial at 9:00 a_m_ on 7/15/02 for Antonino Eugene Lyons scheduled for lJudge Gregory A. Presnell . Set Pretnal Conference at 2:00 p.m. on 6/27/02 for Antonino Eugene Lyons sscheduled before Judge Gregory A. Presnell . (Signed by Judge Gregory A. Presnell) [hsh) (AJD). ?(encered_ 06/12/2002) by Antonino Eugene Lyons to Dismiss Counts 1 and 6 (Double Jeopardy) (hsh) (AJD). TPETITION by USA for writ of habeas corpus ad testificandum (Dwight Bouey) as to Antonino Eugene Q06/13/2002?Lyons referred to Magistrate Judge David A. Baker. (hsh) Modified on 06/14/2002 (AJD). (Entered: 2 Runner Runner Runner Runner _Runner 'Runner Runner i221 2222 by USA for writ of habeas corpus ad testificandum (Charles Lorenzo Taylor) as to Antonino Eugene Lyons referred to Magistratemwge David A_LwEal>1] appeal Court Reporter: Diane Ward; Transcript nled separately. USCA Runner iRunner 244 STRANSCRIPT of Jury Trial held on 11/5/01 before Judge Gregory A. Presnell as to Antonino Eugene 07/17/2002lL\/ons re: [231-1] appeal Court Reporter: Diane Ward; Transcript filed separately. USCA (499) of Jury Trial held on 11/7/01 before Judge Gregory A. Presnell as to Antonlno Eugene 245.07/17/2002ELyons re: [231-1] appeal Court Reporter: Diane Ward; Transcript filed separately. USCA cw Runner 246 of Jury Trial held on 11/8/01 before Judge Gregory A. Presnell as to Antonlrio Eugene ;07/17/2002lLyons re: [231~1] appeal Court Reporter: Diane Ward; Transcript flled separately. USCA 3 RECORD 14 of20 9/14/20091135 AM LexisNexis,CourtLink Docket Number Search Result ITRANSCRIPT of Jury Tnal held on before Judge Gregory A. Presnell as to Antonino Eugene Runner 247 ?07/17/2002?Lyons re: appeal Court Reporter: Diane Ward; Transcript filed separately. USCA it (vef) TRANSCRIPT of Jury Trial Volume held on 11/14/01 before Judge Gregory A. Presnell as to Antonino Runner 248207/17/20O2fEugene re: [231-1] appeal Court Repoiter: Diane Ward; filed separately. USCA (vef) 'sd "aeurfneis longed i 17/201123 of Jury Trial held on 11/16/01 before Judge Gregory A. Presnell as to Antonino Eugene Runner re: [231-1] appeal Court Reporter: Diane Ward; Transcript liled separately. USCA ETRANSCRIPT of Jury Trial held on 11/19/01 before Judge Gregory A. Presnell as to Antonino Eugene Runner 251507/17/2OO2?Lyor1s re: [231-1] appeal Court Reporter: Diane Ward; Transcript filed separately. USCA of Jury Trial held on 11/20/01 before Judge Gregory A. Presnell as to Antonino Eugene _Runner 5252 07/17/2DO2?Lyons re: [231-1] appeal Court Reporter: Diane Ward; Transcript filed separately. USCA at I I of Jury Trial held on 11/21/01 before Judge Gregory Presnell as to Antonino Eugene 3 Runner re: [231-1] appeal Court Reporter: Diane Ward; nled separately_ USCA ETRANSCRIPT of Jury Trial held on 11/26/01 before Judge Gregory A, Presnell as to Antonino Eugene Runner 254?07/17/2DD21Lyons re: [231-1] appeal Court Reporter: Diane Ward; Transcript filed separately. USCA if 02-13452fF 2 that transcript has been filed by court reporter Diane Ward as to Antonino Eugene Lyons :Runner 1255 07/17/20(J2fre: [231-1] appeal . Certificate of readiness due 7/31/02 for Antonino Eugene Lyons USCA 9?i??f1?2i*' (VFW) of readiness sent to USCA re: [237-1] appeal, [231-1] appeal as to Antonino Eugene 5 Runner 256-07/25/20027Lyons (ROA consists of: 2 Sealed Volumes, Volume pleadings: 6; Volume transcripts: 17; Volume iexhibits: Boxes;) (vef) (AJD). (Entered: 07/25/2002) as to Antonino Eugene Lyons by USCA re: [237-1] appeal of receiving COR on _"Sf lf/ 200217/29/02 usgx oz-13452-F (veg) (Engaged: os/os/2002; I NOTICE of filing copies of David Mercers "Motion to Compel" and "Affiant Meri:er's Affidavit in Support" I _Runner -257108/12/2D02gfiled in criminal case Tampa Division, by Antonino Eugene Lyons (jrm) (AJD). EREQUEST by USCA to forward ROA as to Antonino Eugene Lyons [237-1] appeal USCA on appeal sent to USCA as to Antonino Eugene Lyons re: [237-1] appeal, [231-1] appeal (ROA "ner of: Certified copy of indexed district court docket sheet, 2 sealed volumes, Volume pleadings: f6; Volume transcripts: 17; Volume exhibils: 8 Boxes) (vef) (Entered: as to Antonino Eugene Lyons by USCA re: [231>>1] appeal of receiving ROA on Q?_91f_ff 3 A QAMENDED MOTION by Antonino Eugene Lyons for disclosure to Defendant or for in camera review by DECISION (certified copy) as to Antonino Eugene Lyons [237-1] appeal, reversing the District iCourts Order to grant a new tnal to Lyons on the cocaine conspiracy and caijacking counts and is Runner 259 03/07/2003fremanded for appropriate proceedings consistent with the jury verdicts and the USCA opinion. Mandate ,date: 3/4/03 (Hull Gibson, Circuitjudges USCA EOD: 12/30/02) USCA (vef) (Entered: ZRECORD on appeal as to Antonino Eugene Lyons returned from USCA re: (ROA consists of: 2 sealed _Runner Volume pleadings: 6; Volume transcripts: 17; Volume exhibits: Boxes of trial exhibits;) OF Motion hearing set for 4:00 as to: Antonino Lyons; re: (258-1) amended I Runner -260303/10/2003?rnotion for disclosure to defendant: scheduled for Judge Gregory A. Presnell (Signed by Judge Gregory I EMAIL RETURNED -forward time expired as to Antonino Eugene Lyons (811 S. Kentucky Ave, Rockledge I IRESPONSE as to Antonino Eugene Lyons by USA re: [258-1] defendant amended motion for disclosure Runner 261 Defendant or for in camera review by the Court of Government interview notes and reports. (hsh) QMOTION by USA to rule on forfeitures and to set a date for sentencing as to Antonino Eugene Lyons. <5v_=sreff_= 02/20429939 NOTICE OF HEARING: Motion hearing re-set to 3:00 p.m_ on as to: Antonino Lyons, Runner 263 .03/25/2003?re: (258-1) Scheduled for Judge Gregory A. Presnell . (Signed by Judge Gregory A. Presnell) (hsh) ZMOTION HEARING held on April 3, 2003 before Judge Gregory A. Presnell as to Antonino Eugene Lyons 1 Runner defendant amended motion for disclosure to Defendant or for in camera review by the Court Of 'Runner BRIEF OF UNITED STATES OF AMERICA CRIMINAL CASE dated July 31, 2002 by Antonino f3U51_lC RECURD I5 of2O 9/14/2009 11:35 AM LexisNexis CourtLink ?Runner Runner I Runner ze; Runner Docket Number Search Result .courtlink.le"` 267 BRIEF or ANTONINQ EUGENE |_YoNs, APPELLEE CRIMINAL CASE dated August 12, 2002 by BRIEF OF UNITED STATES OF AMERICA CRIMINAL CASE by Antonino Eugene LYODS (Brief Filed ?Seoarately). (hsh) (Entered: 04/07/2003) I 1269 >04/O9/2003`counse| for Sarah Cato) to Withdraw as Counsel Referred to Magistrate Judge David A. Baker. (hsh) _.sem ee; gf `counsel for Sarah Cato) to Withdraw as Counsel. (Tennlnated attomey Lisa Taylor Munyon and Sarah I lCat0 for Antonino Eugene Lyons) (Signed by Judge Gregory A. Presnell) (hsh) (Entered: '04/10/2003) I 270 04/1 0/2003 :Runner Runner Runner ;Runner >>Runner Runner as to Antonlno Eugene Lyons of Heanng on Motion for Disclosure held on April 3, 2003 at Q00 pLm. before Judge Transcript filed separately. (hsh) (Enter?: 04/to/2003) MM as to Antonlno Eugene Lyons GRANTING Defendant's Motion for Production of Investigative ?Notes and Reports (Doc. 175, filed Apr. 19, 2002), Defendant's Amended Motion Motion for Disclosure gto Defendant or for in camera review by the Court of Government interview notes and reports (Doc. 3258, filed Mar. 5, 2003). It is ORDERED AND ADJUDGED that on Ur before May 17, 2003, the Government shall produce for in camera review by Magistrate Judge David A. Baker the matenals in fparagraphs with the Clerk's Office, under seal, cataloged by witness or potential witness, if lpossible with a master index. The Government shall file the matenals in paragraph with the Office under seal, cataloged by attempted transaction. Magistrate Judge Baker will review these submissions by the Government in camera, and render his findings in a Report and Recommendation which shall be tiled under seal. Consistent with Local Rule 6.02(a) and 28 U.S.C. S36(b)(1), i gthe Government will have 10 days after service of the to file, under seal, _their objections to the After reviewing the and the Governments objections, if any, this Court will take the matter gunder consideration and render a written order. The Court will defer ruling on the Governments Motion Qto Rule on Forfeiture and Set Date for Sentencing (Doc. 262) untll the completion of the in camera i ,review by Magistrate Judge Baker. (Signed by Judge Gregory A. Presnell) (hsh) (Entered: EEQQEPE _i7' DOCUMENTS (hsh) (Entered. 08/12/2003) _,Tw REI-mer SEALED DOCUMENTS (hsh) (Entered: 03/12/2003) This cause came on for consideration without oral argument on a letter addressed tothe Runner The Clerk is directed to docket the attached letter and serve a copy of the letter on the gGovemment, the Defendant, and his counsel as to Antonino Eugene Lyons. (Signed by Judge Gregory 13/ i FILED PURSUANT TO ORDER AT DOCKET ND. 274 as to Antonino Eugene Lyons. (hsh) QMAIL TO FORWARD as to Antomno Eugene Lyons; Order at Doc. No. 274. (hsh) _.ii 5? (9151 _f EMOTION with memorandum in support by Antonino Eugene Lyons to transport defendant to funeral 1277 ERESPONSE as to Antonino Eugene Lyons by USA re: [277~1] motion to transport defendant to funeral ZORDER as to Antonino Eugene Lyons denying (277-1] motion to transport defendant to funeral (Signed Runner 279 11/25/2003lby Judge John Antoon II for Judge Gregory A. Presnell) (jrm) (Entered: 11/25/2003) 3 M, Runner Runner Runner 5- ss. 12/2 .51 59- 0395/2909) (ORDER: The Governments ex parte Motion for additional time (Doc. is The in camera ex. Eparte Report and Recommendation of Magistrate Judge Baker (Doc. is confirmed and adopted; The additional documents referred to in paragraph 1 at p. 65 of the Report and Recommendation shall fbe produced to the Court for in camera inspection by January 20, 2004; The Government shall have 280201/06/2004luntil 4:00 p.m. on January 9, 2004 to show cause, if any, whether portions of the Report and 1 iRecommendation should be redacted before its unsealing and service upon Defendant; and a status 2 _hearing will be held on Tuesday, January 27, 2004, at 10:30 a.m. Defendant is required to be present i 3 Eat this hearing. Response to order to show cause due 4:00 p.m. on 1/9/04 for USA. (Signed by Judge I updated as to Antonlno Eugene Lyons, Set status conference at 10:30 a.m. on for I Runner '01/06/2004?Antonino Eugene Lyons; scheduled for Judge Gregory A. Presnell Defendant is required to be present 5 fa* Runner 16 of2O i_ 5' 71 PUBUC LexisNexis CourtLink Docket Number Search Result as to Antonino Eugene Lyons. The Governments proposed reoactions are rejected. The Clerk is I idirected to unseal and docket the In Camera Ex Parte Report and Recommendation (Doc. and Runner 281 _Ol/13/2DD4_serve same upon defendant and his counsel. (Signed by Judge Gregory A. Presnell) (irm) (Entered: REPORT AND RECOMMENDATIONS of Magistrate Judge David A. Baker regarding Govemrnent's in Runner 2282-01/13/Zoodfcamera production of documents as to Antonino Eugene Lyons. [jrm) (Entered: 01/13/2004) I mum A 5 :*5Wi377@ Runner Runner Runner DOCUMENT _74_(hsh) (Entered: oocumem i; 1 _Runner IAMENDED NOTICE or HEARING: 'rake Notice that a status heal-mg will be held before me Honorable :Gregory A, Presnell, United States District Judge, and the Honorable David A. Baker, United States Runner ;2B3fD1/21/2004?Magistrate Judge on Tuesday, January 27, 2004 at 10:30 a.m. Set Status Heanng at 10:30 a.m. on I . il/27/D4 for Antonino Eugene Lyons; scheduled before Judge Gregory A. Presnell and Magistrate Judge 5 :David A. Baker. (Signed by Judge Gregory A. Presnell) (hsh) (Entered: 01/22/2004) MM.. by Antonino Eugene Lyons for release on conditions pending either sentencing or resolution of 3 ffmew Hia' 01/22/2004> QORDER: The Government's Motions (Dots, and 78) are GRANTED, in part. On or before January 2004, the government may Gle, in the public record, its ob)ecdons to the Report and ?Recommer\dation (50 page limit). Defendant shall have untll February 20, 2004 to flle his response Runner 285201/23/2004?thereto (50 page limit). At the status conference on January 27, 2004, the Court will entertain argument: ?as to whether these motions should remain under seal. Thereafter, the Court will reconslder its Order, las appropriate, in the context of an adversarial presentation of the issues. (Signed by Judge Gregory A. 5 Presnell) (hsh) Modined on 01/27/2004 (Entered. 01/23/2004) 4 Runner ,Runner iRunner Runner 3 Runner 1Runner I Runner Runner of attorney appearance for USA by Arthur Lee Bentley (hsh) (Entered. HEARING held on 1/27/04 before Judge Gregory A. Presnell as to Antonino Eugene Lyons. E01 7 VOLUME 7 (Doc. Nos. 236-287); BEGIN VOLUME 8 (Doc. No. 288) as to Antonino Eugene Lyons. EORDER: The Motions filed by the government and docketed under seal at 5~77 and S78 shall be iunsealed and docketed in the public record. The government may respond to Defendant's Motion for lRelease on Bond on or before February 6, The govemment shall, by February 6, 2004 serve upon 5 'the Defendant and nie with the Court redacted copies of the initial documenls produced for in camera 288201/28/2UD4?inspection by this Court, in accordance with Paragraph 2 at p. 66 of the Report and Recommendation. 3 In its filing the government shall indicate the legal and or factual basis for any such redactlons. 5 ?Defendant may flle objections to the redactions on or before February 20, 2004. The additional ldocurnens submitted by the government on January 15, 2004 are hereby referred to the Magistrate ?Judge for review and the issuance of a supplemental Report and Recommendation as to Antonino Q89 by USA for reconsideration of the Court's [280-1] order (unsealed) as to Antonino Eugene 5 by USA for leave to nie objections to the January 6, 2004 Order (Doc. No. 280) out of time and? ,In excess of page limit (unsealed) as to Antonino Eugene Lyons. (hsh) (Entered. 01/29/2004) 1 as to Antonino Eugene Lyons by USA: re: [284-1] motion for release on conditions pending 29 either sentencing or resolution of motions to dismiss and for new trial. (hsh) (Entered: 02/06/2004) Runner Runner (ORDER: Denying [2841] motion for release on conditions pending either sentencing or resolution of 1 _oz/10/2O04_motions to dismiss and for new trial as to Antonino Eugene Lyons. There ls no motion presently pending Ebefore the Court which would call into question (Signed by Judge Gregory A. Presnell) (hsh) >>292 293 202/11/2004 by Antonino Eugene Lyons for release on conditions pending either sentencing or resolution of 1 W, Runner Runner ;294 TO REDACTIONS BY THE GOVERNMENT IN SUBMISSIONS S79 by Antonino Eugene I ?Lyons. (hsh) (Entered: 02/23/2004) QREPORT AND RECOMMENDATION Dn the GOVERNMENTS SUBMISSION OF DOCUMENTS I .295_O3/O4/2UO4jNumbered 1 Through 756 (Doc. No. S79) of Magistrate Judge David A. Baker. It is RECOMMENDED that 1 i _the redacted submission be APPROVED, in part, and DISAPPROVED, in part, as set forth herein. Runner as to Defendant's Interpretation of Filing Obligations created by Orders found at Docs, 285 and 5 3 I The Report and Recommendation of Magistrate Judge Baker is hereby and adopted ias part of this Order. The Government is ordered to redact these documents only to the extent Runner 297Q04/D5/Zomlspeclfied; and to produce same to Defendant within 5 days as to Antonino Eugene Lyons. (Signed by LW ?iE%?f I INOTICE OF HEARING: Motion hearing set for 9r3D 4/27/04 as to Antonino Lyons on (2984) Joint :Runner l7of20 for stay of proceedings; Scheduled for Judge Gregory A. Presnell (Signed by Judge Gregory A. PUBUC RECORD 9/14/200911135 AM LexisNexis. CourtLink Runner Runner Docket Number Search Result REPORT AND RECOMMENDATIONS of Magistrate Judge David A. Baker as to Antonino Eugene Lyons; 300 that the Court order production ofthe papers identified above, set a deadline for filing _any additional motions, and proceed to the remaining issues of sentencing and forfeiture. Objecnons to 1 EHEARING ON JOINT MOTION TO STAY PROCEEDINGS held on April 27, 2004 before Judge Gregory A. 301104/27/2DO4fPresne|| as to Antonino Eugene Lyons; re: [298-1] joint motion for a stay of proceedings. Court . 18of20 Runner Runner Runner Runner Runner Run ner Runner fg% 1302 Court will extend the time to tile objections to the Supplemental Report and Recommendations 1 ?10 days to a period of twenty days. (Signed by Judge Gregory A. Presnell) (hsh) (Entered: QORDER: The Government shall cause to be transcribed for the Court's in camera review, a transcript of ;303 Grand Jury Proceedings which led to the indictment in this case as to Antonino Eugene Lyons. by USA to vacate [122-1] ]ury verdict Guilty: as to Counis 1ss and to Dismiss Count 1 as to A Lyons. 05/17/2004) the Court's [303-1] order by USA as to Antonino Eugene Lyons. (hsh) (Entered: 15 [30011] by USA for leave to file exhibit to its Response to Magistrate Court's Supplemental Report and ?Recommend_atu1n_as to Antonino Eugene Lyons. (h_sME_nteredi_05/15/2004) 3 OF HEARING: Take Notice that a hearing is set at 1:30 p.m. on 5/21/04 on the (304-2) Motion 1308105/18/200430 Dismiss; and a Status Conference will be held at 1:30 p.m. on 5/21/04 for Antonino Eugene Lyons; Qbefore Judge Gregory A. Presnell . (Signed by Judge John Antoon II for Gregory A. Presnell) (hsh) 3 _-mee Mem, 309 by Antonino Eugene Lyons for release from custody pending either sentencing or resolution of for_rle_w_Q'ial . (hsh) Runner with Accompanying Memorandum of Law by Antonino Eugene Lyons to dismiss for new trial . Runner Runner Runner as to Antonino Eugene Lyons; Granting [307-1] motion for leave to nie exhibit to its Response i 'to Magistrate Court's Supplemental Report and Recommendation Exhibit A attached to the Motion will _311 lO5/20/Zomlbe considered as appended to me Govemment's Response at Doc. 306. (Signed by Judge Gregory A. QORDER: Upon consideration of the Government's Response to the Courl:'s Order (Doc. 305), it is that the Clerk shall maintain these documents under seal until further Order of the Court as 1 I Q?l?9l?9Q") 1 AND NOTICE OF HEARING: The Government shall respond to Defendant's Motion to 2 ?Dism|ss/Motion for New Trial (Doc. 310) on or before June 10, 2004. Take Notice that a Hearing on the to Dismiss/Motion for New Trial will be held at 9:30 a.m. on 5/17/04; re: Defendant's (310>>1) ;Mo|:ion to Dismiss/Motion for New Trial; Scheduled for Judge Gregory A. Presnell . Response to motion ?set to 5/10/04 for USA for [310-1] motion to dismiss . (Signed by Judge Gregory A. Presnell) (hsh) 2 Runner 2 HEARING held on May 21, 2004 before Judge Gregory A. Presnell as to Antonino Eugene 1 1 _Lyons; re: [304~1] motion to vacate [122~1] jury verdict Guilty: as to Counts lss; [304-2] motion to Count 1, [293-1] motion for release on conditions pending either sentencing, [293-2] motion gresolution of motions to dismiss and for new trial. Probation is directed to prepare an amended Runner Runner Runner Court 05L2ft/20040 .ORDER: The Jury's [122-1] jury verdict Guilty: as to Count 1ss is hereby VACATED and set aside _Count One of the Second Superseding Indictment is DISMISSED, with prejudice; Judge Bakers [300-1] 1 -315 D5/21/2O04?Supplementa| Report and Recommendation is connrmed and adopted as part of this Order as to Antonino Eugene Lyons. The documents produced pursuant to the Report and Recommendation, 5 gideritified on Exhibit A, shall remain under seal and be treated by defense counsel as conndential, until I 5 Court: (Signed bl/_Judge Gregory A. Rresnell) ctc_(hsh) (Entered: with prejudice of Count 1ss pursuant to Court Order as to Antonino Eugene Lyons. Counts A ?DismissedLA_ri_tEnino_Lyons: The United States shall provide the Defendant with the seven transcripts containing testimony gpresented to the Grand Jury in regard to this matter, and Defendant shall hold the transcripts in 316f05/21/2004?confldence and shall not publish them or make them available in whole or part to third parties unless ithe Court hereafter permits the Defendant to do so as to Antonino Eugene Lyons. (Signed by Judge 1 Runner Runner Runner BOND (surety) for Antonino Eugene Lyons in the amount of $100,000.00 (Signed by setting conditions of release as to Antonino Eugene Lyons. Bond reset to 100,000 Surety for 1 EAMENDED MOTION with Accompanying Memorandum of Law by Antonino Eugene Lyons to Dismiss for New Trial (amended) Amending [310-1] Motion to Dismiss; Motion for New Tnal. Runner Runner 32D MOTION by USA to extend time 2 weeks to respond to motion to dismiss/motion for new .06/1 3 I Granting Governments [320-1] motion to extend time 2 weeks to respond to motion to 321 O6/10/2004'dismiss/motion for new trial as to Antonino Eugene Lyons. Response to motion set to 6/25/04 for Ere: [310~1] motion to dismiss; [310-2] motion for new trial; Defendants Reply (with a 10 page lirnit) is USIEE .Q PUBLIC RECORD 9/14/2009 11135 AM LexisNexis CourtLin.k Docket Number Search Result ;Honorable Gregory A. Presoell on FRIDAY, JULY 23, 2004 at 9:30 a.m. (Signed by Judge Gregory A. mow, updated as to Antonino Eugene Lyons, set Oral Argument at 9:30 a.m. on 7/23/04 for ff_ I MOTION by Antonino Eugene Lyons to continue hearing set for July 23, 2004 on 3" new A OH 55 PQJIQMQV 7" 652%/260 42:1 Eff- ?(319-1) motion to dismiss, (319-2) motion for new trial; Scheduled for Judge Gregory A. Presnell Mm-. QRESPONSE as to Antonino Eugene Lyons by USA to [319-1] defendant amended motion to to 55221 f<>f I of Change of Address by Gregory W. Eisenrnenger Robert R. Berry as to Antonino Eugene fi? _eel i 'Runner CHECK, RECEIPT NO. 15653; MONEY WAS REEUNDED IN ERROR BY THE EORDER as to Antonino Eugene Lyons that Defendant to file Reply to Government's Response (324) by 5 Runner p.m, on 7/28/04 only as to Count VI, 10 page limit.5ignecl by Judge Gregory A. Presnell on QREPLY to response to motion by Antonino Eugene Lyons re 319 Motion to dismisslnotion for new trial _Runner 327 _07/28/2004f(Berry, Robert) Document not signed; attorney refiled signed document see doc. no. 325 Modified on . IREPLY to response to motion by Antonino Eugene Lyons re 319 Motion to dismissMotion for new trial _Runner f(Berry, Robert) (Entered: 07/28/2004) I jMinute Entry for proceedings held before Judge Gregory A. Presnell hearing as to Antonino 3 'Eugene Lyons held on 7/30/2004 re 319 Motion to dismiss Motion for new trial fiied by Antonino Eugene Runner 329107/30/2004?Lyons. Court will release defendant from Electronic Home Monitoring (written order to follow). The I . 3 iremalnder of his bond conditions remain the same. Court takes the matter UNDER ADVISEMENT and w_nl enter ami/yritten order. Diane Peede) (AKJ) (Entered: QORDER releasing defendant from Home Detention/Electronic Monitoring. The remaining conditions of ?Runner at Doc, no. 318 remain unchanged. Signed by Judge Gregory A. Presnell on 7/30/2004. (AKJ) 1 07139439941 EAFFIDAVIT OF OWNERSHIP INTEREST IN BOND MONEY by Antonino Eugene Lyons re! Receipt of 218 granting 319 Motion to dismiss as to Antonino Eugene Lyons Counts 6 and 7 through 16 of Runner 332_O9/30/20D4Ethe Second Superseding Indictment 37 are dismissed with pre3udice. Signed by Judge Gregory A, 5 QORDER as to Antonino Eugene Lyons re 332 Order on motion to dismiss: 318 Order Setting Conditions I Runner 33310/06/2Uo42of Release is VACATED and $100,000 bond is released; all pending motions DENIED as moot; Clerk A directed to close the file. Signed by Judge Gregory A. Presnell on (TKW, (Entered: 1 I 5 IOISMISSAL of counts on 319 amended motion to dismiss by Antonino Eugene Lyons. (HL) (Entered: Runner IDISMISSAL of Count 18ss on Governmen\"s Oral Motion on 11/15/01 as to Antonino Eugene Lyons. lAmended ORDER as to Antonino Eugene Lyons regarding disbursement of bond. Signed by Judge I