CLOSED

U.S. District Court
Eastern District of Kentucky (Pikeville)
CRIMINAL DOCKET FOR CASE #: 7:05-cr-00004-DCR-1


Case title: USA v. C & C Mining, Inc.

Date Filed: 02/16/2005
Date Terminated: 06/21/2005

Assigned to: Judge Danny C. Reeves

Defendant (1)
C & C Mining, Inc.
TERMINATED: 06/21/2005
represented byBilly R. Shelton
Jones, Walters, Turner & Shelton, PLLC
151 N. Eagle Creek Dr.
Suite 310
Lexington, KY 40509
859-294-6868
Fax: 859-294-6866
Email: bshel18140@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
30:820(d) DID WILLFULLY VIOLATE A MANDATORY HEALTH AND SAFETY STANDARD FOR UNDERGROUND COAL MINES
(1-2)
3 YEARS PROBATION, $8,000.00 FINE, $250.00 SPECIAL ASSESSEMENT

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byHerbert Davis Sledd , Jr.
U.S. Attorney's Office, EDKY
260 W. Vine Street
Suite 300
Lexington, KY 40507-1612
859-685-4829
Fax: 859-233-2533
Email: Davis.Sledd@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/10/20051JOINT MOTION to File Criminal Information And for Arraignment and Guilty Pleas as to C & C Mining, Inc. (Attachments: # 1 Proposed Order)(TDA) Modified filed date on 2/17/2005 (Adkins, Tara). (Entered: 02/16/2005)
02/10/20052AGREED ORDER: matter before court upon the joint motion of parties; ORDERED 1) Joint Motion 1 is GRANTED. 2) matter scheduled for filing of Criminal Information against dft, and for dfts entry of plea of guilty, in Pikeville on 2/16/2005 12:00 PM. Signed by Judge Danny C. Reeves. (TDA)cc: COR, USM, USP (Entered: 02/16/2005)
02/16/20053INFORMATION as to C & C Mining, Inc. (1) count(s) 1-2. (Attachments: # 1 Case Assignment) (TDA) (Entered: 02/16/2005)
02/16/20054MINUTE ENTRY FOR FILING OF INFORMATION AND GUILTY PLEA: proceedings held as to C & C Mining, Inc. on 2/16/2005 before Judge Danny C. Reeves; Clark Johnson identified himself as President of C & C Mining. Court finds Clark Johnson is an authorized agent for C & C Mining and does have the authority to enter a plea on hehalf of the dft corporation. Court notes that a corporate resolution has been tendered to court and will be filed into the record. Defendant's agent pleads GUILTY to Counts 1 & 2. Plea agreement submitted and conditionally accepted and tendered into record to be signed at sentencing. Sentencing set for 6/20/2005 01:30 PM in Pikeville. Government's Motion to Dismiss Indictment in Pikeville 04-13 against Carl Johnson & Clark Johnson at sentencing is TAKEN UNDER ADVISEMENT. Trial scheduled for 2/22/05 in 7:04-cr-13 is SET ASIDE. Dfts in 7:04-cr-13 shall continue on previous bond with same conditions of release. (COURT REPORTER: CINDY OAKES) (TDA)cc: COR, USM, USP (Entered: 02/16/2005)
02/16/20055CORPORATE RESOLUTION, filed by dft C & C Mining, Inc. (TDA) (Entered: 02/16/2005)
02/16/20056FACTUAL BASIS FOR GUILTY PLEA, filed by dft C & C Mining, Inc. (TDA) (Entered: 02/16/2005)
02/16/20057PROPOSED PLEA AGREEMENT as to dft C & C Mining, Inc. cc: COR, USP (TDA) (Entered: 02/16/2005)
02/16/20058ORDER (Sentencing Reform Act): 1) dft C & C Mining Inc. sentencing set for 6/20/05 @ 1:30 PM at Pikeville; parties comply w/ items 2-12; 13) Sealed PSR & R 32(c) info be maintained in record 1 year after appeals & then return to US Probation. 14) Plea Agreement be maintained for 1 year after appeals & then return to US Attorney?s Office. Signed by Judge Danny C. Reeves. (TDA)cc: COR, USM, USP (Entered: 02/16/2005)
02/17/2005  NOTICE OF DOCKET MODIFICATION TO re 1 MOTION for Arraignment by C & C Mining, Inc., USA ; Error: Incorrect filed date; Error by Docket Clerk; Correction: Modified filed date from 2/16/05 to 2/10/05; no steps to be taken by counsel. cc: COR (TDA) (Entered: 02/17/2005)
02/24/20059ORDER: due to conflict in court's schedule, sentencing currently scheduled for 6/20/05 is ADVANCED to 12:00 noon, in Pikeville. Signed by Judge Danny C. Reeves. (TDA)cc: COR, USM, USP (Entered: 02/24/2005)
06/20/200510COURT'S ADVICE OF RIGHT TO APPEAL as to dft C & C Mining, Inc. (TDA) (Entered: 06/20/2005)
06/20/200511MINUTE ENTRY FOR SENTENCING as to dft C & C Mining, Inc. held on 6/20/2005 before Judge Danny C. Reeves : No Objs to Presentence Report, Plea Agreement shall be filed into the record, jgm shall be ent. (COURT REPORTER: AMY BLOSSER) (MCB)cc: COR, USM, USP (Entered: 06/20/2005)
06/21/200512JUDGMENT UPON PLEA OF GUILTY as to dft C & C Mining, Inc. (1), Count(s) 1-2, 3 YEARS PROBATION with standard conditions, Special Conditions of Supervision (1), (2) and (3), $8,000.00 FINE, $250.00 SPECIALASSESSEMENT, Dft shall pay lump sum $8,250.00 due immediately, dft C & C Mining, Inc. terminated. . Signed by Judge Danny C. Reeves. (MCB)cc: COR, USM 3 Certified with 1 certified copy for BOP w/SOR, USP, US Atty w/SOR, USP w/SOR, DUSM (Entered: 06/22/2005)
06/22/2005  Clerk's Note: Copies of Judgment 12 distributed to all counsel as noted in judgment with Notice of Entry on all copies as to dft C & C Mining, Inc.: (MCB) (Entered: 06/22/2005)
06/22/200513PLEA AGREEMENT Accepted as to dft C & C Mining, Inc.cc: COR,USP (MCB) Modified on 4/16/2007 (Adkins, Tara). RETURNED TO AUSA (Entered: 06/22/2005)
06/23/200514AUDIO TRANSCRIPT of Sentencing as to C & C Mining, Inc. on 6/20/05 before Judge David L. Bunning. Court Reporter: Amy Blosser. (NOTE: Audio Transcript kept in Clerk's Office in the Index Cabinet in Room 202-A) (TDA) (Entered: 06/27/2005)
04/16/200715ACKNOWLEDGMENT RECEIPT: re 13 Plea Agreement by USA as to C & C Mining, Inc. (TDA) (Entered: 04/16/2007)