U.S. District Court
Western District of Tennessee (Memphis)
CRIMINAL DOCKET FOR CASE #: 2:01-cr-20317-BBD-4


Case title: USA v. Allen, et al

Date Filed: 12/13/2001
Date Terminated: 08/30/2002


Miscellaneous
James Allen represented byJames Allen
U.S. District Judge
167 N. Main St., Rm 341
Memphis, TN 38103
PRO SE

Assigned to: Judge Bernice B. Donald

Defendant (4)
BCI Industries, Inc
TERMINATED: 08/30/2002
also known as
BCI, Inc.
represented byGlen G. Reid , Jr.
WYATT TARRANT & COMBS, LLP- Memphis
1715 Aaron Brenner Dr.
Ste. 800
Memphis, TN 38120
901-537-1000
Fax: 901-537-1010
Email: greid@wyattfirm.com
TERMINATED: 08/30/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Dft pleaded guilty on 8/22/02 to count 1; Dft shall pay $5,000.00 in fines & $400.00 Total Assessment

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341.F FRAUDS AND SWINDLES
(2-29)
Dismissed upon the motion of the United States
49:5124.F and 18:2 TRANSPORTATION OF HAZARDOUS MATERIAL
(30-31)
Dismissed upon the motion of the United States

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byLinda Nettles Harris
U.S. ATTORNEY'S OFFICE
Federal Building
167 N. Main St.
Ste. 800
Memphis, TN 38103
901-544-4231
Fax: 901-544-4230
Email: linda.harris@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/17/2001ORDER On Arraignment by Mag Judge James H. Allen re [4-2], as to Bobby W. Allen, Sr.; Dft through counsel, waived formal arraignment and entered a plea of not guilty; Dft is not in custody, may stand on present bond; (cc: all counsel) (BAG) (Entered: 12/18/2001)
12/18/200111 SETTING LETTER: report date set for 1/24/02 at 9:00 as to Bobby Allen, Sr. (BAG) (Entered: 12/18/2001)
12/19/200114 ORDER APPOINTING FEDERAL PUBLIC DEFENDER by Mag Judge James H. Allen . The above-named defendant, Charles D. Young, having satisfied the court that he or she is financially unable to employ counsel, it is hereby ORDERED that the Federal Public Defender is appointed to represent the above-named defendant, either personally or through his assistant, unless relieved by order of this court or by order of the Court of Appeals (cc: all counsel). (YDS) (Entered: 12/20/2001)
12/19/200115 ORDER ON CONTINUANCE AND SPECIFYING PERIOD OF EXCLUDABLE DELAY by Mag Judge James H. Allen as to dft Charles D. Young period of excludable time from 12/19/01 through 12/25/01 while the dft is attempting to obtain private counsel. (cc: all counsel) (YDS) (Entered: 12/20/2001)
12/19/200116 SETTING LETTER : Arraignment set for 9:30 12/26/01 for Charles D. Young before Mag Judge J. D. Breen, Courtroom M-3 (YDS) (Entered: 12/20/2001)
12/26/200120 ORDER ON ARRAIGNMENT by Mag Judge J. D. Breen re [19-3] ..as to defendant Charles D. Young. ..entered a plea of not guilty. The dft, who is not in custody, may stand on his present bond. (cc: all counsel) (EHG) (Entered: 12/27/2001)
01/07/200221 SETTING LETTER: report date set for 1/24/02 at 9:00 as to Charles D. Young; (BAG) (Entered: 01/08/2002)
01/18/200223 SETTING LETTER report date set for 9:00 2/21/02 for Bobby W. Allen Sr. (BAG) (Entered: 01/18/2002)
02/01/200229 SETTING LETTER: report date set for 2/21/02 at 9:00 as to Charles Young before Judge Donald; (BAG) (Entered: 02/01/2002)
02/21/200230 LETTER in a criminal case from plaintiff USA to Mr. Brown regarding discovery (extremely voluminous) as to dft Charles D. Young; (BAG) (Entered: 02/21/2002)
02/22/200231 SETTING LETTER report date set for 9:00 4/25/02 for Charles D. Young (BAG) (Entered: 02/22/2002)
02/22/200234 ORDER ON CONTINUANCE AND SPECIFYING PERIOD OF EXCLUDABLE DELAY by Judge Bernice B. Donald period of excludable time from 2/21/02 to 5/17/02 as to Charles Young; (cc: all counsel) (BAG) (Entered: 02/22/2002)
02/27/200236 SETTING LETTER: report date set for 4/25/02 at 9:00 as to Bobby Allen, Sr.; (BAG) (Entered: 02/28/2002)
03/04/200237 ORDER ON CONTINUANCE AND SPECIFYING PERIOD OF EXCLUDABLE DELAY by Judge Bernice B. Donald period of excludable time from 2/27/02 to 5/17/02, as to dft Bobby Allen; (cc: all counsel) (BAG) (Entered: 03/05/2002)
03/18/200239 ORDER Of Reference by Judge Bernice B. Donald referring to Mag Judge James H. Allen the motion to compel discovery [38-1], and for a bill of particulars [38-2], as to defendant Charles D. Young; Any exceptions to Mag Judge's order shall be made by motion w/in 10 days of the order; All exceptions shall be stated w/particularity; (cc: all counsel) (BAG) (Entered: 03/19/2002)
03/27/200242 LETTER in a criminal case from plaintiff USA to Mr. J. Patten Brown, counsel for dft Charles Young re discovery; (BAG) (Entered: 03/28/2002)
03/28/200243 LETTER in a criminal case from plaintiff USA to Mr. Buchignani, counsel for Bobby Allen, Sr., regarding meeting w/Special Agt. Zschiesche; (BAG) (Entered: 03/29/2002)
04/11/200244 SETTING LETTER : Hearing on Motion to Compel Discovery and for a Bill of Particulars set for 4/25/02 at 10:00 before Mag Judge Allen, Rm 338 (YDS) (Entered: 04/12/2002)
04/12/200245 LETTER in a criminal case from plaintiff USA to Mr. Buchignani as to Bobby W. Allen Sr, in response to 4/5/02 letter; (BAG) (Entered: 04/15/2002)
04/19/200252 SETTING LETTER; suppression hearing and hearing on motions to dismiss..., to sever trial, for bill of particulars and to compel has been set for 2:00 5/1/02 for Bobby W. Allen Sr. (BAG) (Entered: 04/19/2002)
04/26/200258 NOTICE to Mr. Brown and Mr. Buchignani by plaintiff USA regarding the CV of Brett Mills, another copy of the lab report... as to dfts Bobby Allen, Jr. and Charles Young; (BAG) (Entered: 04/29/2002)
04/29/200259 ORDER On Motion To Compel Discovery And For Bill Of Particulars (Young) by Mag Judge James H. Allen; re [38-1] the govt is ORDERED to make all documents covered by the language of FRCrP 16(a)(1)(C) available to Young for copying by counsel for Young at his office w/in a reasonable time; Govt will be entitled to have a rep selected by AUSA assigned to case to monitor this copying ...; Young has available the documents and indictment; Nothing about this indicates Young has a particular need for grand jury testimony requested and this request is DENIED; The indictment adequately informs Young of the nature of charge against him...; Young's motion for a bill of particulars is DENIED; denying motion for a bill of particulars [38-2], as to defendant Charles D. Young; (cc: all counsel) (BAG) (Entered: 04/30/2002)
05/01/200260 ORDER OF REFERENCE by Judge Bernice B. Donald referring to Mag Judge James H. Allen the motion to sever defendants [53-1]..for a determination. Any exceptions to the Mag Judge's order shall be made by motion w/in 10 days of the order. Further, all exceptions shall be stated with particularity. (cc: all counsel) (EHG) (Entered: 05/02/2002)
05/01/200261 ORDER OF REFERENCE by Judge Bernice B. Donald referring to Mag Judge James H. Allen the motion to dismiss count(s) as to Charles D. Young (2) count(s) 30-31 of indictment for duplicity [54-1].. for a Determination. Any exceptions to the Mag Judge's order shall be made by motion w/in 10 days of the order. Further, all exceptions shall be stated with particularity. (cc: all counsel) (EHG) (Entered: 05/02/2002)
05/02/200263 EXHIBIT/WITNESS list [hearing held 5/1/02.. as to dft Bobby Allen] (EHG) (Entered: 05/02/2002)
05/02/200266 SETTING LETTER: report date set for 6/27/02 at 9:00 as to Bobby Allen, Sr.; (BAG) (Entered: 05/03/2002)
05/10/200268 OBJECTIONS by plaintiff USA to the Magistrate Judge's Order On Motion To Compel Discovery and For Bill of Particulars (Young) regarding [59-1] (BAG) (Entered: 05/10/2002)
05/15/200270 Government's REPLY to Defendant's Reply to Government's Objects by plaintiff USA regarding [69-1], as to defendant Charles Young (BAG) (Entered: 05/15/2002)
05/20/200272 ORDER by Judge Bernice B. Donald granting U.S. Govt's motion for extension of time to file response to defendant's motion to suppress [67-1], as to Bobby Allen, Sr.; (cc: all counsel) (BAG) (Entered: 05/20/2002)
05/20/200273 ORDER ON CONTINUANCE AND SPECIFYING PERIOD OF EXCLUDABLE DELAY by Judge Bernice B. Donald period of excludable time from 5/2/02 to 7/12/02, as to Bobby Allen; (cc: all counsel) (BAG) (Entered: 05/20/2002)
05/21/200274 SETTING LETTER report date set for 9:00 5/23/02 for Charles D. Young (BAG) (Entered: 05/21/2002)
05/21/200277 ORDER Of Reference by Judge Bernice B. Donald referring to Mag Judge James H. Allen the motion of dft Charles D. Young to compel the Government to produce documents it intends to use at trial [55-1]; Any exceptions to Mag Judge's order shall be made by motion w/in 10 days of order; All exceptions shall be stated w/particularity; (cc: all counsel) (BAG) (Entered: 05/22/2002)
05/22/200278 ORDER On Change of Plea by Judge Bernice B. Donald re [76-1], as to Bobby Allen; With leave of Court, dft withdrew the not guilty plea and entered a plea of guilty to counts 1,9 & 23 of the indictment; Plea colloquy was held and the Court accepted the guilty plea; Sentencing set for 8/22/02 at 8:30; Dft to remain released on present bond; (cc: all counsel) (BAG) (Entered: 05/22/2002)
05/23/200279 ORDER Striking Motion by Judge Bernice B. Donald striking motion to suppress evidence [50-1], as to Bobby W. Allen, Sr., d/b/a Bev Con Intl.; On 5/20/02 dft entered a guilty plea disposing of charges in indictment; Motion stricken as moot; (cc: all counsel) (BAG) (Entered: 05/23/2002)
05/24/200280 ORDER Dismissing Motion To Sever (Young) by Mag Judge James H. Allen dismissing the motion to sever defendants [53-1]; Dft Allen has now entered a guilt plea, rendering this motion moot; Dft Young's motion to sever is DISMISSED as moot; (cc: all counsel) (BAG) (Entered: 05/24/2002)
05/24/200281 ORDER Dismissing Motion To Compel Production Of Documents (Young) by Mag Judge James H. Allen dismissing the motion to compel the Government to produce documents it intends to at trial [55-1], as to Charles D. Young; This court has on 4/29/02, entered an order regarding discovery of documents in the possession of USA and relief sought has already been granted in that order; Motion to compel ...DISMISSED; (cc: all counsel) (BAG) (Entered: 05/24/2002)
05/30/200283 SETTING LETTER report date set for 9:00 6/27/02 for Charles D. Young (BAG) (Entered: 05/31/2002)
06/28/200291 ORDER ON CHANGE OF PLEA by Judge Bernice B. Donald as to dft Charles Young : dft entered a plea of guilty to Count 3 of the Indictment. Sentencing set for 10/4/02 @ 8:30am before Judge Donald. Dft is to remain on present bond.(cc: all counsel) (YDS) (Entered: 06/28/2002)
08/22/200295 MINUTES: Before Judge Bernice B. Donald change of plea hearing held 8/22/02 as to defendant BCI Industries, Inc.; guilty plea entered by BCI Industries, Inc as to count 1; Written Plea Agreement filed in open court; Counts 2-31 to be dismissed at sentencing; Plea colloquy/Basis in Fact by Govt; Sentencing today As To: BCI Industries, Inc.; AUSA: Newsom for L. Harris; Dft Atty: G. Reid; C/R: Lynn Dudley; (BAG) (Entered: 08/29/2002)
08/22/200296 PLEA Agreement as to BCI Industries, Inc (filed in open court); Dft BCI Industries, Inc. agrees to enter a plea of guilty to count 1 of indictment; Agrees to pay a fine in amount of $5,000.00 to USA at time of sentencing; USA agrees to dismiss all remaining counts at sentencing; (BAG) (Entered: 08/29/2002)
08/22/200297 MINUTES: Before Judge Bernice B. Donald; sentencing hearing held 8/22/02; As To: BCI Industries, Inc.; as to cout 1- no probation imposed; Fine: $5,000.00; Special assessment: $400.00; Dismissed count(s) 2-31; AUSA: Newsom for L. Harris; Dft Atty: G. Reid; C/R: Lynn Dudley; (BAG) (Entered: 08/29/2002)
08/30/200299 ORDER ON CHANGE OF PLEA AS TO BCI INDUSTRIES INC. by Judge Bernice B. Donald guilty plea entered by BCI Industries, Inc , & ; sentencing hearing set for 8/22/02 for BCI Industries, Inc as to BCI Industries, Inc With leave of the Court the dft (Glen Reid atty) withdrew the not guitly plea entered & entered a plea of guilty to count 1; Plea colloquy was held and the Court accepted the guilty plea. Sentencing date set; Dft released on present bond. (cc: all counsel) (PWM) (Entered: 09/04/2002)
08/30/2002100 JUDGMENT IN A CRIMINAL CASE re [99-1] sentencing BCI Industries, Inc (4) count(s) 1. Dft pleaded guilty on 8/22/02 to count 1; Dft shall pay $5,000.00 in fines & $400.00 Total Assessment as to BCI Industries, Inc , sentencing BCI Industries, Inc (4) count(s) 1. Dft pleaded guilty on 8/22/02 to count 1; Dft shall pay $5,000.00 in fines & $400.00 Total Assessment Inc , & count(s) 2-29, 30 -31 . Dismissed upon the motion of the United States , , & terminating party by Judge Bernice B. Donald (cc: all counsel) (PWM) (Entered: 09/04/2002)
10/01/2002102 ORDER by Judge Bernice B. Donald finding the motion for a bill of particulars [49-1] moot as to defendant Bobby Allen; Dft has entered a plea of guilty to the indictment; The pending motion at docket entry 49-1 is ordered stricken as moot; (cc: all counsel) (BAG) (Entered: 10/02/2002)
10/28/2002106 SETTING LETTER ; sentencing hearing set for 2:30 10/31/02 for Charles D. Young; granting motion to continue hearing [105-1] (BAG) (Entered: 10/28/2002)
11/20/2002112 MINUTES: Before Judge Bernice B. Donald sentencing hearing held on 11/20/02 As To: Charles Young; Dft on bond; Probation as to count 3- 2 yrs; (plea: 6/27/02); Fine: $500.00; Special assessment: $100.00; mandatory w/in 30 days; Dismissed count(s) 1,2,4-29,30-31; Appeal packet handed to dft; AUSA: Linda Harris; Dft Atty: Pat Brown; C/R: Lynn Dudley; (BAG) (Entered: 11/25/2002)
11/27/2002114 APPEAL Transcript Designation and Order form for the dates of 11/20/02 regarding [113-1] as to Charles Young (of sentencing hearing before Judge Donald); C/R: Lynn Dudley (BAG) (Entered: 12/02/2002)
12/03/2002  APPEAL number 02-6508 received from USCA regarding [113-1]; P. Elder case manager (SSH) (Entered: 01/14/2003)
12/06/2002117 CORRECTED ORDER Of Dismissal by Judge Bernice B. Donald re [111-1], as to defendant Charles Young; Upon motion of the govt and for good cause shown, counts 1-2 and 4-31 of the indictment are hereby dismissed; (cc: all counsel) (BAG) (Entered: 12/06/2002)
06/18/2003119 APPEAL Transcript Designation and Order form for the dates of 6/27/02 regarding [113-1] (EHG) (Entered: 06/19/2003)
07/24/2003  APPEAL Supplemental Record to USCA consisting of volume(s) 1 pleadings; 1 vol(s) transcript; copies of docket sheet and transmission form regarding [113-1] as to Charles Young. (SSH) Modified on 07/24/2003 (Entered: 07/24/2003)
09/15/2003121 APPEAL Order from USCA (entered 9/11/03) affirming the decision of the District Court [113-1] and granting counsel's motion to withdraw as to Charles D. Young. (SSH) (Entered: 09/15/2003)