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U.S. District Court - Eastern District of Tennessee (Knoxville)
CRIMINAL DOCKET FOR CASE #: 3:08-cr-00069-2


Case title: USA v. Roth et al

Date Filed: 05/20/2008
Date Terminated: 02/18/2010

Assigned to: District Judge Thomas A Varlan
Referred to: Magistrate Judge H Bruce Guyton

Defendant (2)
Atmospheric Glow Technologies, Inc
TERMINATED: 02/18/2010
represented byRalph E Harwell
Harwell & Harwell
2131 First Tennessee Plaza
Knoxville, TN 37929
865-637-8900
Fax: 865-637-8906
Email: advocate@harwellandharwell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

T Lynn Tarpy
Hagood, Tarpy & Cox, PLLC
2100 Riverview Tower
900 S. Gay St.
Knoxville, TN 37902
865-525-7313
Fax: 865-525-0858
Email: ltarpy@htandc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
[22 USC 2778] ATTEMPTED EXPORTATION OF ARMS AND MUNITIONS
(2-10)
fine of $25,000.00 and Special Assessment of $4000. Count One is Dismissed
[22 USC 2778] ATTEMPTED EXPORTATION OF ARMS AND MUNITIONS
(15)
fine of $25,000.00 and Special Assessment of $4000. Count One is Dismissed

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
[18 USC 371} CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
fine of $25,000.00 and Special Assessment of $4000. Count One is Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byA William Mackie
U S Department of Justice (Knox USAO)
Office of U S Attorney
800 Market Street
Suite 211
Knoxville, TN 37902
865-545-4167
Email: will.mackie@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey E Theodore
U S Department of Justice (Knox USAO)
800 Market Street
Suite 211
Knoxville, TN 37902
865-545-4167
Email: jeffrey.theodore@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/20/2008INDICTMENT charging John Reece Roth (1) in counts 1,3-17, and 18, and charging Atmospheric Glow Technologies, Inc (2) in counts 1, 2-10, and 15.(JAN) (Entered: 05/22/2008)
05/20/2008NOTICE OF RELATED CASES (JAN, ) (Entered: 05/22/2008)
05/20/2008MEMORANDUM AND ORDER finding that this case is sufficiently related to the previously filed case of USA v. Daniel Max Sherman, 3:08-CR-49 (Varlan/Guyton), that this case also should be assigned to District Judge Thomas A. Varlan and Magistrate Judge H. Bruce Guyton. as to John Reece Roth, Atmospheric Glow Technologies, Inc as set forth in 2 Notice of Related Cases filed by USA. Signed by Magistrate Judge H Bruce Guyton on 5/20/08. (JAN, ) (Entered: 05/22/2008)
05/30/2008ORDER ON DISCOVERY and SCHEDULING as to John Reece Roth, Atmospheric Glow Technologies, Inc. Signed by Magistrate Judge H Bruce Guyton on 5/30/08.(C/M to Thomas H. Dundon)(NGW) (Entered: 05/30/2008)
05/30/2008  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc Initial Appearance/Arraignment set for 6/4/2008 09:30 AM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. (NGW) (Entered: 05/30/2008)
06/04/2008  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc: Arraignment RESET for 6/5/2008 09:30 AM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. (NGW) (Entered: 06/04/2008)
06/05/200810 NOTICE OF ATTORNEY APPEARANCE: Ralph E Harwell appearing for Atmospheric Glow Technologies, Inc (Harwell, Ralph) (Entered: 06/05/2008)
06/05/200811 Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton:Initial Appearance as to Atmospheric Glow Technologies, Inc held on 6/5/2008. Arraignment as to Atmospheric Glow Technologies, Inc (2) Count 1,2-10,15 held on 6/5/2008.(Jury Trial set for 8/4/2008 09:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. Pretrial Conference set for 7/28/2008 01:30 PM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton.) Added attorney Ralph E Harwell for Atmospheric Glow Technologies, Inc. (Tape #3A-08-10.) (NGW) (Entered: 06/06/2008)
06/27/200812  MOTION for Bill of Particulars by John Reece Roth as to John Reece Roth. (Dundon, Thomas) Modified on 6/30/2008 to remove reference to Atmospheric Glow (AYB). (Entered: 06/27/2008)
06/27/200813 MEMORANDUM in Support of Motion re 12 MOTION for Bill of Particulars (Dundon, Thomas) (Entered: 06/27/2008)
06/27/200816  MOTION for Extension of Time to File Motions by Atmospheric Glow Technologies, Inc. (Harwell, Ralph) (Entered: 06/27/2008)
07/14/2008  NOTICE OF HEARING ON MOTION/ Pretrial Conference in case as to John Reece Roth, Atmospheric Glow Technologies, Inc: Motion Hearing/ Pretrial Conference set for 7/28/2008 01:30 PM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. (DCP) (Entered: 07/14/2008)
07/15/200820 ORDER granting 17 Motion to Continue filed by John Reece Roth (1). The period of time between the current trial date, August 4, 2008, and the new trial date, August 25, 2008, shall be excludable time from the Speedy Trial Act, 18 U.S.C. ยง3161(h)(8)(A) & (B) as to JOHN REECE ROTH and ATMOSPHERIC GLOW TECHNOLOGIES, INC. The trial is rescheduled for August 25, 2008 at 9:00 a.m. before District Judge Thomas A. Varlan. Signed by District Judge Thomas A Varlan on 7/15/08. (JAN) (Entered: 07/15/2008)
07/21/200821  MOTION for Leave to Appear Pro Hac Vice Attorney: Joshua J. Phillips. by John Reece Roth as to John Reece Roth, (Attachments: # 1 Affidavit Joshua J. Phillips, # 2 Certificate of Good Standing)(Dundon, Thomas) Modified on 7/25/2008 (JAN, ). (Entered: 07/21/2008)
07/28/200823 Minute Entry for proceedings held before Magistrate Judge H Bruce Guyton: Status Conference/ Motion Hearing as to John Reece Roth, Atmospheric Glow Technologies, Inc held on 7/28/2008 re 12 MOTION for Bill of Particulars filed by John Reece Roth re 14 MOTION to Strike Surplusage filed by John Reece Roth. Parties request a Pretrial Conference before the District Judge. Attorneys for Atmospheric Glow Technologies, Inc. are close to reaching a plea agreement at this time. Mr. Roth and the Government will go to trial. A Pretrial Conference was set before the Honorable Thomas A. Varlan for August 18, 2008 at 2:30 p.m. A motion in limine deadline was set for August 11, 2008. Oral argument by the parties on motions docs. 12 and 14 . Order to follow. (Court Reporter Patti Antol (Miller & Miller).) (DCP) (Entered: 08/01/2008)
07/31/200824 MEMORANDUM AND ORDER denying 12 Motion for Bill of Particulars as to John Reece Roth and (1); denying 14 Motion to Strike as to John Reece Roth (1) for reasons more fully set out in this order. Signed by Magistrate Judge H Bruce Guyton on 7/31/08. (DCP) (Entered: 08/01/2008)
07/31/2008  NOTICE OF HEARING as to John Reece Roth, and Atmospheric Glow Technologies, Inc: Final Pretrial Conference set for 8/18/2008 02:30 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN) (Entered: 08/01/2008)
08/11/200829  SEALED MOTION FOR PROTECTIVE ORDER by USA as to John Reece Roth, Atmospheric Glow Technologies, Inc. (JAN, ) (Entered: 08/12/2008)
08/15/200830  MOTION for Leave to File Motion Under Seal by USA as to John Reece Roth, Atmospheric Glow Technologies, Inc. (Mackie, A) (Entered: 08/15/2008)
08/15/200831 MEMORANDUM AND ORDER granting 16 Motion for Extension of Time to File as to Atmospheric Glow Technologies, Inc (2). Signed by Magistrate Judge H Bruce Guyton on 8/15/08. (DCP) (Entered: 08/15/2008)
08/15/200832 RESPONSE to Motion by USA as to John Reece Roth, Atmospheric Glow Technologies, Inc re 27 MOTION in Limine to Exclude Evidence Relating to Threats to National Security, 25 MOTION in Limine to Exclude Evidence of Defendant's Activities Related to China which are Unrelated to Charges in Indictment (Mackie, A) (Entered: 08/15/2008)
08/15/2008  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc Change of Plea Hearing set for 8/18/2008 03:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 08/18/2008)
08/18/200833 ORDER granting governments Motion for Leave to File Motion Under Seal 30 is hereby GRANTED and the Governments Motion for Protective Order 29 as to John Reece Roth (1)and Atmospheric Glow Technologies, Inc (2) will be sealed. Signed by District Judge Thomas A Varlan on 8/18/08. (JAN) (Entered: 08/18/2008)
08/18/200836 PRETRIAL ORDER: DENYING Defendants Motion in Limine to Exclude Evidence of Defendants Activities Related to China Which Are Unrelated to the Charges in the Indictment 25 for the reasons stated at the hearing. Defendant Roths Motion in Limine to Exclude Evidence Relating to Threats to National Security 27 is TAKEN UNDER ADVISEMENT. The Governments Motion for Protective Order 29 IS GRANTED and the Court will enter a protective order before the commencement of the trial in this case. Signed by District Judge Thomas A Varlan on 8/18/08. (JAN, ) (Entered: 08/18/2008)
08/18/2008  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc: Change of Plea Hearing reset for 8/20/2008 10:30 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 08/19/2008)
08/20/200837 Minute Entry for Change of Plea Hearing held on August 20, 2008 before District Judge Thomas A Varlan: Guilty Plea entered by Atmospheric Glow Technologies, Inc (2) as to Counts 2-10,15. ( Sentencing set for 12/8/2008 01:30 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan.) (Court Reporter: Netta Kocuba) (JAN, Courtroom Deputy) (Entered: 08/20/2008)
08/20/200838 PLEA AGREEMENT as to Atmospheric Glow Technologies, Inc (JAN, ) (Entered: 08/20/2008)
08/20/200850 Proposed Jury Instructions by USA as to John Reece Roth, Atmospheric Glow Technologies, Inc (Mackie, A) Modified on 8/21/2008 to note that counsel of record have been advised the electronic signature must match the ECF login and password (AYB). (Entered: 08/20/2008)
08/22/200851 TRIAL BRIEF by USA as to John Reece Roth, Atmospheric Glow Technologies, Inc (Theodore, Jeffrey) (Entered: 08/22/2008)
08/22/200853 PROTECTIVE ORDER as to John Reece Roth, and Atmospheric Glow Technologies, Inc. Signed by District Judge Thomas A Varlan on 8/22/08.(parties provided copy by way of secured delivery) (JAN ) Modified on 8/22/2008 setting security restriction (JAN, ). Modified on 8/25/2008 to remove security restriction per Oral Order on 8/25/08 at trial (JAN, ). (Entered: 08/22/2008)
11/13/2008  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc: Sentencing previously set for December 8, 2008 is reset for 2/18/2009 02:30 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 11/13/2008)
02/09/2009  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc Sentencing previously set for February 18, 2009 has been rescheduled for 4/2/2009 10:30 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 02/09/2009)
04/01/2009  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc Sentencing previously set for April 2, 2009 has been rescheduled for 5/13/2009 10:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 04/01/2009)
05/12/2009  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc: Sentencing set for 8/27/2009 11:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 05/12/2009)
10/21/2009  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc Sentencing set for 10/28/2009 10:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 10/21/2009)
10/27/2009  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc Sentencing previously set for October 28, 2009 has been rescheduled for 11/23/2009 02:00 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 10/27/2009)
11/20/2009  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc. Sentencing previously set for November 23, 2009 has been rescheduled for 12/14/2009 02:30 PM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 11/20/2009)
01/04/2010101 NOTICE OF NO OBJECTIONS to Presentence Investigation Report by USA (Mackie, A) (Entered: 01/04/2010)
01/14/2010  NOTICE OF HEARING as to Atmospheric Glow Technologies, Inc: Sentencing previously set for 12/14/09 has been rescheduled for 2/12/2010 10:00 AM in Courtroom 3C - Knoxville before District Judge Thomas A Varlan. (JAN, ) (Entered: 01/14/2010)
02/12/2010102 Minute Entry for Sentencing Hearing held February 12, 2010 before District Judge Thomas A Varlan: Sentencing Atmospheric Glow Technologies, Inc (2), to a fine of $25,000.00 and Special Assessment of $4000 as to Counts 2-15. Count One is Dismissed. (Court Reporter Dana Holloway.) (JAN, Courtroom Deputy) (Entered: 02/16/2010)
02/18/2010103 JUDGMENT as to Atmospheric Glow Technologies, Inc (2), Count(s) 1, fine of $25,000.00 and Special Assessment of $4000. Count One is Dismissed Signed by District Judge Thomas A Varlan on 2/18/10. (JAN, ) (Entered: 02/18/2010)