USMJ_Mason

U.S. District Court
EASTERN DISTRICT OF NORTH CAROLINA (Southern Division)
CRIMINAL DOCKET FOR CASE #: 7:01-cr-00140-BO-1


Case title: USA v. Cape Fear Music Co., et al

Date Filed: 12/19/2001
Date Terminated: 06/18/2003

Assigned to: District Judge Terrence W. Boyle

Defendant (1)
Cape Fear Music Company, Inc.
TERMINATED: 06/18/2003
represented byJason L. Hendren
Brady, Nordgren, Morton & Malone, PLLC
2301 Sugar Bush Road, Suite 450
Raleigh, NC 27612
919-856-9400
Fax: 856-9300
Email: jhendren@hendrenmalone.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Trawick H. Stubbs , Jr.
Stubbs & Perdue, PA
310 Craven St.
P. O. Box 1654
New Bern, NC 28563
919-870-6258
Fax: 919-870-6259
Email: tstubbs@stubbsperdue.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

William W. Webb , Sr.
The Edmisten & Webb Law Firm
P. O. Box 1509
Raleigh, NC 27602
919-831-8700
Email: woodywebb@ew-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1955 and 2 - CONDUCTING AN ILLEGAL GAMBLING BUSINESS and Aiding and Abetting
(2ss)
Count 2ss - Special assessment of $400.00 imposed and the deft. ordered by the court to forfeit $750,000.00 jointly & severally with Garland Bennett Garrett, Jr.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 conspiracy to conduct an illegal gambling business
(1)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:371 CONSPIRACY TO conduct an illegal gambling business
(1s)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:371 - CONSPIRACY to conduct an illegal gambling business.
(1ss)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1955 and 18:2 - conducting an illegal gambling business and aiding and abetting
(2)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1955 CONDUCTING AN ILLEGAL GAMBLING BUSINESS
(2s)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
21:853 CRIMINAL FORFEITURES
(3)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
21:853 CRIMINAL FORFEITURES
(3s)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
21:853 - CRIMINAL FORFEITURES
(3ss)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1956(h) conspiracy to commit money laundering
(4)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1956 CONSPIRACY TO COMMIT MONEY LAUNDERING
(4s)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1956 - CONSPIRACY TO COMMIT MONEY LAUNDERING
(4ss)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1956(a)(1)(B)(i) and 2 - money laundering and aiding and abetting
(5-49)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1956 MONEY LAUNDERING and aiding and abetting
(5s-49s)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1956 and 2 - MONEY LAUNDERING and Aiding and Abetting.
(5ss-49ss)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1956(a)(1)(A)(i) & 2 money laundering and aiding and abetting
(50-245)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1956 MONEY LAUNDERING and aiding and abetting.
(50s-245s)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1956 and 2 - MONEY LAUNDERING and Aiding and Abetting.
(50ss-267ss)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:982 CRIMINAL FORFEITURE
(246)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:982 CRIMINAL FORFEITURE
(246s)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:982 - CRIMINAL FORFEITURE
(268ss)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1341 - MAIL FRAUDS
(269ss)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment
18:1343 - WIRE FRAUD
(270ss-276ss)
The folowing counts dismissed on govt's motion - Indictment, Sup. Indictment and Cts. 1 and 3 thru 276 of the 2nd Sup. Indictment

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byPeter Kellen
US Attorney's Office
pete.kellen@usdoj.gov
310 New Bern Avenue
Suite 800
Raleigh, NC 27601-1461
919-856-4530
Fax: 856-4487
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/19/20011INDICTMENT as to Cape Fear Music Co. (1) count(s) 1, 2, 3, 4, 5-49, 50-245, 246, Garland Bennett Garrett (2) count(s) 1, 2, 3, 4, 5-49, 50-245, 246, Garland Bennett Garrett (3) count(s) 1, 2, 3, 4, 5-49, 50-245, 246 - 1c: USA, USPO, PTS, USMS, Judge Boyle, M/J Mason (sr) (Entered: 12/20/2001)
12/20/2001   (sr) (Entered: 12/20/2001)
12/20/2001  Request for Summons as to Cape Fear Music Co., Garland Bennett Garrett Sr. - by USAtty - $100,000 Unsec. and PR bonds requested by USAtty. (sr) (Entered: 12/20/2001)
12/20/20012SUMMONS(ES) issued for Cape Fear Music Co. Initial appearance set for 10:00 12/28/01 for Cape Fear Music Co. before USMJ William N. Mason in Wilm. - orig. to USMS w/indict - 1c: USA, PTS, USMS, Judge Mason, Wilm. Office (sr) (Entered: 12/20/2001)
12/21/2001  ARREST of Cape Fear Music Co., Garland Bennett Garrett Jr. (st) (Entered: 12/21/2001)
12/21/2001  Initial appearance as to Cape Fear Music Co., Garland Bennett Garrett Jr. held in Raleigh (Defendant informed of rights, charges, max. punishments.) before USMJ William A. Webb. Deft. present w/ counsel. Govt. does not oppose release of deft. Deft. released on conditions and $100,000 unsecured bond. Court Reporter: recorded Presiding Judge: USMJ Webb (st) (Entered: 12/21/2001)
12/21/2001  Pre-trial Scheduling Report as to Cape Fear Music Co., Garland Bennett Garrett Jr. to Magistrate Judge Mason (st) (Entered: 12/21/2001)
01/02/20027Summons Returned Unexecuted as to Cape Fear Music Co. remarks by DUSM stated that this company did not exist at the address given. (ld) (Entered: 01/02/2002)
01/07/200210PRETRIAL SCHEDULING ORDER as to Cape Fear Music Co., Garland Bennett Garrett Jr. setting deadlines: Attorney Conference by 5:00 1/10/02 for Cape Fear Music Co., for Garland Bennett Garrett Jr. ; Pretrial Motion Filing due by 5:00 1/25/02 for Cape Fear Music Co., for Garland Bennett Garrett Jr. ; Response to Pretrial Motions due by 5:00 2/8/02 for Cape Fear Music Co., for Garland Bennett Garrett Jr. ( Signed by Judge William Mason OB Ref: 31 pg 156 cys dist.) (ld) (Entered: 01/08/2002)
01/10/2002  Called the US Atty office and spoke with Jamie Brice re: Cape Fear Music Co., informing her that this office still has not received a notice of appearance for this company and I was informed that there was not an atty. (ld) (Entered: 01/10/2002)
01/10/200214MOTION by USA as to Cape Fear Music Co. to extend discovery deadlines . 1c: Judge Mason (ld) (Entered: 01/11/2002)
01/15/2002  Deadline updated as to Cape Fear Music Co., set Initial Appearance in Wilmington before USMJ William N. Mason for 11:00 1/23/02 for Cape Fear Music Co. (fdc) (Entered: 01/15/2002)
01/15/200216SUPERSEDING INDICTMENT as to Cape Fear Music Co. (1) count(s) 1s, 2s, 3s, 4s, 5s-49s, 50s-245s, 246s,; Garland Bennett Garrett (2) count(s) 1s, 2s, 3s, 4s, 5s-49s, 50s-245s, 246s,; Garland Bennett Garrett (3) count(s) 1s, 2s, 3s, 4s, 5s-49s, 50s-245s, 246s cys dist. (ld) (Entered: 01/23/2002)
01/25/200218SUMMONS Returned Executed as to Cape Fear Music Co. 1/25/02 service made on Garland B. Garrett, Jr. served at Pretrial Services Office in Raleigh by FBI. (ld) (Entered: 01/30/2002)
01/29/200219 SEALED APPLICATION for Ex Parte Order by USA (File returned to Office of the U.S. Attorney.) ( Atty. Peter Kellen) 1c: Judge Boyle (ld) (Entered: 01/31/2002)
02/22/200223Application for Post-Indictment Restraining Order on substitute assets by USA as to Cape Fear Music Co., Garland Bennett Garrett Sr., Garland Bennett Garrett Jr. (jm) (Entered: 02/22/2002)
02/26/2002  Request for Summons as to Cape Fear Music Co. (jm) (Entered: 02/27/2002)
02/27/200224 SUMMONS(ES) issued for Cape Fear Music Co. to appear before Mag/Judge Webb on 3/20/02 at 10 a.m. in the 6th Floor Courtroom - Orig. & 4cys. to USM & lc: USA (jm) (Entered: 02/27/2002)
02/28/200225ORDER as to Cape Fear Music Co., Garland Bennett Garrett Sr., Garland Bennett Garrett Jr. granting [23-1] motion as to Cape Fear Music Co. (1), Garland Bennett Garrett (2), Garland Bennett Garrett (3) - this order shall remain in full force and effect until further order of this court. ( Signed by Chief Judge Boyle OB Ref: 32 pg 164 cys dist.) (ld) (Entered: 02/28/2002)
03/12/200231MOTION by USA as to Cape Fear Music Co., Garland Bennett Garrett Sr., Garland Bennett Garrett Jr. for amended post-indictment restraining order on substitute assets and Memo. in opposition to deft's motion for expedited hearing to reconsider post-indictment restraining order lc: Judge Boyle with proposed order (jm) (Entered: 03/18/2002)
03/13/200229SUMMONS Returned Executed as to Cape Fear Music Co. on 3/11/02 Personal service on Garland Garrett, Jr. at 306 N. 5th Kure Beach, NC (ld) (Entered: 03/15/2002)
03/13/200230SUMMONS Returned Executed as to Cape Fear Music Co. on 3/11/02 Personal service on Garland Garrett, Jr. at 306 N 5th Ave. Kure Beach, NC (ld) (Entered: 03/15/2002)
03/18/200235ORDER as to Cape Fear Music Co., Garland Bennett Garrett Sr., Garland Bennett Garrett Jr. granting [31-1] motion for amended post-indictment restraining order on substitute assets and Memo. in opposition to deft's motion for expedited hearing to reconsider post-indictment restraining order as to Cape Fear Music Co. (1), Garland Bennett Garrett (2), Garland Bennett Garrett (3) ( Signed by Chief Judge Boyle OB Ref: 33, P. 53) (jm) (Entered: 03/21/2002)
03/19/200232SUMMONS Returned Executed as to Cape Fear Music Co. 3/14/02 NC Dept of Secretary of State, Corp. Division (ld) (Entered: 03/20/2002)
03/19/200233SUMMONS Returned Executed as to Cape Fear Music Co. 3/4/02 on W.E. Troutman, USPS Azalea Station 3916 Oleander Drive Wilmington, NC and attempted to deliver a copy of the cummons to the occupants of 1208 South Third St. Wilmington, NC but was advised that Cape Fear Musin Co. had sold the bldg. (ld) (Entered: 03/20/2002)
03/19/200234SUMMONS Returned Executed as to Cape Fear Music Co. 3/12/02 cy served on atty. Woodward Webb, Fayetteville St. Mall, Raleigh (ld) (Entered: 03/20/2002)
03/20/2002  Initial appearance as to Cape Fear Music Co. held - Informed of rights and penalties (Defendant informed of rights.) - Mr. Garrett, Jr. appeared for the company - he is power of attorney for Mr. Garrett, Sr.(Stock holder for company) Court will allow the deft's (10) days to present counsel or person who will respond as representative of the company - Govt. given (5) days to respond to the Court about the case of Garland Garrett, Sr. before Chief Judge Terrence W. Boyle . Court Reporter: Carol Williams Wolff Presiding Judge: Chief Judge Boyle (jm) (Entered: 03/25/2002)
04/01/200237MARSHAL'S RETURN ON ORDER as to Cape Fear Music Co., Garland Bennett Garrett Jr. executed on 3/20/02 by DUSM (ld) (Entered: 04/01/2002)
04/01/200238MARSHAL'S RETURN ON ORDER as to Jean M. Trella and Russell W. Trella executed on 3/26/02 by USMS Wilmington. (ld) (Entered: 04/01/2002)
05/21/200250ORDER as to Cape Fear Music Co., Garland Bennett Garrett Sr., Garland Bennett Garrett Jr., second amended post indictment restraining order on subsititue assets ( Signed by Judge Boyle OB Ref: 34) (ab) (Entered: 05/23/2002)
05/22/200251SECOND SUPERSEDING INDICTMENT as to Cape Fear Music Co. (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss-49ss, 50ss-267ss, 268ss, 269ss, 270ss-276ss, Garland Bennett Garrett (3) count(s) 1ss, 2ss, 3ss, 4ss, 5ss-49ss, 50ss-267ss, 268ss, 269ss, 270ss-276ss cys dist. (ld) (Entered: 05/24/2002)
07/05/2002  TRANSCRIPT filed in case as to Cape Fear Music Co. regarding hearing on 1/23/02 before Mag/Judge Mason Court Reporter - Aurelia Ruffin & Associates, Inc. - Volume 1 - Pages 1 thru 22 (jm) (Entered: 07/16/2002)
08/01/200262NOTICE of Appearance for Cape Fear Music Co. by Attorney Trawick H. Stubbs Jr., Jason L. Hendren cys dist. (ld) (Entered: 08/01/2002)
09/06/2002  Issued NOTICE TO APPEAR as to Cape Fear Music Co. : setting Arraignment before Chief Judge Terrence W. Boyle for 10:00 9/23/02 in Raleigh for Cape Fear Music Co. served (sp) (Entered: 09/09/2002)
09/09/200265MOTION by Cape Fear Music Co., Garland Bennett Garrett Jr. to dismiss second superceding indictment (equal protection and selective prosecution violations) lc: Judge Boyle (jm) (Entered: 09/10/2002)
09/09/200266MEMORANDUM by Cape Fear Music Co., Garland Bennett Garrett Jr. in support of [65-1] motion to dismiss second superceding indictment (equal protection and selective prosecution violations) - lc: Judge Boyle (jm) (Entered: 09/10/2002)
09/11/200267RESPONSE by USA as to Cape Fear Music Co., Garland Bennett Garrett Jr. in opposition to [65-1] motion to dismiss second superceding indictment (equal protection and selective prosecution violations) faxed to Judge Boyle (ld) (Entered: 09/12/2002)
09/11/200268RESPONSE by USA as to Cape Fear Music Co., Garland Bennett Garrett Jr. re [65-1] motion to dismiss second superceding indictment (equal protection and selective prosecution violations), [63-1] motion to dismiss Second Superceding Indictment (jm) (Entered: 09/16/2002)
09/12/200269WAIVER OF RIGHT TO BE REPRESENTED BY SEPARATE COUNSEL by Cape Fear Music Co., Garland Bennett Garrett Jr. - Cys. dist. (jm) (Entered: 09/16/2002)
09/12/200270NOTICE of Appearance for Cape Fear Music Co. by Attorney William Woodward Webb (jm) (Entered: 09/16/2002)
09/12/2002  Arraignment as to Cape Fear Music Co. held before Chief Judge Terrence W. Boyle . Court Reporter: Sharon Kroeger Cape Fear Music Co. (1) count(s) 2ss (jm) (Entered: 09/16/2002)
09/12/200272MEMORANDUM of Plea Agreement as to Cape Fear Music Co. Conditionally Approved - Cys. dist. (jm) (Entered: 09/16/2002)
09/12/2002  PLEA entered by Cape Fear Music Co. . Govt. summarized evidence - Factual basis exists - Plea made freely & vol. Court accepts plea. Guilty: Cape Fear Music Co. (1) count(s) 2ss (Terminated motions - [0-0] oral motion to dismiss the Orig. Indictment, the Superseding Indictment and Counts 1ss, and Counts 3ss thru Count 276ss as to Garland Bennett Garrett (3), [65-1] motion to dismiss second superceding indictment (equal protection and selective prosecution violations) as to Cape Fear Music Co. (1), Garland Bennett Garrett (3), [14-1] motion to extend discovery deadlines as to Cape Fear Music Co. (1) ) (jm) (Entered: 09/16/2002)
09/12/2002  MOTION in open court by USA as to Cape Fear Music Co. to dismiss the Indictment, the Superceding Indictment and Counts 1 and 3 thru 268 and 269 thru 276 (jm) (Entered: 09/16/2002)
02/28/2003  Deadline updated as to Cape Fear Music Co., Garland Bennett Garrett Jr., reset Sentencing in Raleigh, NC before Chief Judge Terrence W. Boyle for 9:00 a.m. on 4/14/03 for Cape Fear Music Co., for Garland Bennett Garrett Jr. (ld) (Entered: 03/06/2003)
03/06/200375MOTION by Cape Fear Music Co. to extend time to file objections to the presentence report. 1c: Judge Boyle (ld) (Entered: 03/06/2003)
03/20/200378ORDER as to Cape Fear Music Co. granting [75-1] motion to extend time to file objections to the presentence report. as to Cape Fear Music Co. (1) - the dft is given up to and including April 15, 2003 to file objections to the PSR. ( Signed by Chief Judge Boyle - cys dist ) (ld) (Entered: 03/24/2003)
05/01/2003  Issued NOTICE TO APPEAR as to Cape Fear Music Co., Garland Bennett Garrett Sr., Garland Bennett Garrett Jr.: set Sentencing before Chief Judge Terrence W. Boyle for 9:00 5/15/03 for Cape Fear Music Co., for Garland Bennett Garrett Sr., for Garland Bennett Garrett Jr. (jm) (Entered: 05/05/2003)
05/13/200381MOTION by Cape Fear Music Co. to continue the sentencing hearing 1c: Judge Boyle (ld) (Entered: 05/14/2003)
05/14/200382ORDER as to Cape Fear Music Co. granting [81-1] motion to continue the sentencing hearing as to Cape Fear Music Co. (1) ( Signed by Chief Judge Boyle - cys dist ) (ld) (Entered: 05/14/2003)
05/29/2003  Issued NOTICE TO APPEAR as to Cape Fear Music Co., Garland Bennett Garrett Jr.: reset Sentencing in Raleihg, NC before Chief Judge Terrence W. Boyle for 9:00 a.m. on 6/18/03 for Cape Fear Music for Garland Bennett Garrett Jr. (ld) (Entered: 06/03/2003)
06/18/2003  PRESENTENCE INVESTIGATION REPORT (Sealed) as to Cape Fear Music Co. (jm) (Entered: 06/27/2003)
06/18/2003  Sentencing held in Raleigh, NC before Chief Judge Terrence W. Boyle . Court Reporter: Donna Tomawski Cape Fear Music Co. (1) count(s) 2ss (jm) (Entered: 06/27/2003)
06/18/2003  DISMISSAL of Count(s) on Government Motion as to Cape Fear Music Co. Terminated motions [0-0] oral motion to dismiss the Indictment, the Superceding Indictment and Counts 1 and 3 thru 268 and 269 thru 276 as to Cape Fear Music Co. (1) Counts Dismissed: Cape Fear Music Co. (1) count(s) 1ss, 1s, 1, 2s, 2, 3ss, 3s, 3, 4ss, 4s, 4, 5ss-49ss, 5s-49s, 5-49, 50ss-267ss, 50s-245s, 50-245, 246s, 246, 268ss, 269ss, 270ss-276ss (jm) (Entered: 06/27/2003)
06/18/200387JUDGMENT Cape Fear Music Co. (1) count(s) 2ss. Count 2ss - Special assessment of $400.00 imposed and the deft. ordered by the court to forfeit $750,000.00 jointly & severally with Garland Bennett Garrett, Jr. Signed by Chief Judge Boyle OB Ref: none (jm) (Entered: 06/27/2003)
03/30/200498RESPONSE by USA as to Cape Fear Music Co., Garland Bennett Garrett Sr., Garland Bennett Garrett Jr. in opposition to [97-1] document(s) - c: Judge Boyle (ab) (Entered: 03/30/2004)
06/10/2004100MARSHAL'S RETURN ON CHECK # 7092 ORDER as to Cape Fear Music Co. executed on 6/8/04 - re: $11,000.00 US Currency Check #7092 - CATS No. 02-FBI 002607 - Julie Younts USMS (sr) (Entered: 06/10/2004)
01/04/2005101Satisfaction of Forfeiture Judgment - Cys. dist. (jm) (Entered: 01/04/2005)
01/04/2005102Satisfaction of Judgment (mm) (Entered: 01/04/2005)
01/04/2005103Satisfaction of Judgment (mm) (Entered: 01/04/2005)
03/10/2005104Opinion from USCA Re: [88-1] appeal - affirmed (rp) (Entered: 03/10/2005)