U.S. District Court
Northern District of Texas (Lubbock)
CRIMINAL DOCKET FOR CASE #: 5:06-cr-00025-C -BG-3,4,5


Case title: USA v. Birdwell et al

Date Filed: 02/15/2006
Date Terminated: 08/25/2006

Assigned to: Judge Sam R Cummings
Referred to: Magistrate Judge Nancy M Koenig

Defendant (3)
Cox Bailey County Farms Inc
TERMINATED: 08/25/2006
represented byDaniel W Hurley
Hurley & Guinn
1805 13th St
Lubbock, TX 79401
806/771-0700
Fax: 806/763-8199 FAX
Email: dwhurley@swbell.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY
(1)
Five (5) years probation with standard and additional conditions; Restitution - $203,491.00; Mandatory Special Assessment - $400.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE OR FRAUDULENT CLAIMS
(2-3)
Dismissed upon Government's motion
FALSE STATEMENTS
(4-5)
Dismissed upon Government's motion
MAIL FRAUD
(6-7)
Dismissed upon Government's motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Sam R Cummings
Referred to: Magistrate Judge Nancy M Koenig

Defendant (4)
PB Ranch Inc
TERMINATED: 08/25/2006
represented byDaniel W Hurley
Hurley & Guinn
1805 13th St
Lubbock, TX 79401
806/771-0700
Fax: 806/763-8199 FAX
Email: dwhurley@swbell.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY
(1)
Five (5) years probation with standard and additional conditions; Restitution - $127,800.00; Mandatory Special Assessment - $400.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE OR FRAUDULENT CLAIMS
(8-9)
Dismissed upon Government's motion
FALSE STATEMENTS
(10-11)
Dismissed upon Government's motion
MAIL FRAUD
(12-13)
Dismissed upon Government's motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Sam R Cummings
Referred to: Magistrate Judge Nancy M Koenig

Defendant (5)
Bailey Gin Co
TERMINATED: 09/29/2006
represented bySherylynn A Kime-Goodwin
Federal Public Defender
1205 Texas Ave
Room 506
Lubbock, TX 79401
806/472-7236
Fax: 806/472-7241
Email: shery_kime-goodwin@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Pending Counts

Disposition
CONSPIRACY
(1)
Five (5) years probation with standard and additional conditions; Restitution - $362,775.00; Mandatory Special Assessment - $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE OR FRAUDULENT CLAIMS
(2-3)
Dismissed upon Government's motion
FALSE STATEMENTS
(4-5)
Dismissed upon Government's motion
MAIL FRAUD
(6-7)
Dismissed upon Government's motion
FALSE OR FRAUDULENT CLAIMS
(8-9)
Dismissed upon Government's motion
FALSE STATEMENTS
(10-11)
Dismissed upon Government's motion
MAIL FRAUD
(12-13)
Dismissed upon Government's motion
FALSE OR FRAUDULENT CLAIMS
(14-15)
Dismissed upon Government's motion
FALSE STATEMENTS
(16-17)
Dismissed upon Government's motion
MAIL FRAUD
(18)
Dismissed upon Government's motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented bySteven M Sucsy-DOJ
US Attorney's Office
1205 Texas Ave
7th Floor
Lubbock, TX 79401
806/472-7351
Fax: 806/472-7394
Email: steve.sucsy@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
02/15/2006SEALED INDICTMENT as to Britt Birdwell (1) count(s) 1, 2-3, 4-5, 6-7, 8-9, 10-11, 12-13; Franklin Eugene Hawkins (2) count(s) 1, 2-3, 4-5, 6-7, 8-9, 10-11, 12-13, 14-15, 16-17, 18; Cox Bailey County Farms Inc (3) count(s) 1, 2-3, 4-5, 6-7; PB Ranch Inc (4) count(s) 1, 8-9, 10-11, 12-13; and Bailey Gin Co (5) count(s) 1, 2-3, 4-5, 6-7, 8-9, 10-11, 12-13, 14-15, 16-17, 18. (klw, ) (Entered: 02/17/2006)
02/17/2006Summons Issued in case as to Britt Birdwell, Franklin Eugene Hawkins, Cox Bailey County Farms Inc, PB Ranch Inc, Bailey Gin Co & forwarded to DUSM; Initial Appearance set for 3/22/2006 10:00 AM before Magistrate Judge Nancy M Koenig. (klw, ) (Entered: 02/17/2006)
02/17/2006Order Designating Case for ECF - see order for specifics. (Signed by Judge Sam R Cummings on 1/3/06) (klw, ) (Entered: 02/17/2006)
02/27/2006Summons Returned Executed on 2/22/06 as to PB Ranch Inc (egb, ) (Entered: 02/27/2006)
03/03/2006Summons Returned Executed on 2/28/06 as to Cox Bailey County Farms Inc (egb, ) (Additional attachment(s) added on 4/14/2008: # 1 Main Document) (bdg). (Entered: 03/03/2006)
03/22/2006  INDICTMENT UNSEALED as to Britt Birdwell, Franklin Eugene Hawkins, Cox Bailey County Farms Inc, PB Ranch Inc, Bailey Gin Co (AUSA Steve Sucsy approved) (egb, ) (Entered: 03/22/2006)
03/22/200610 Minute Entry for proceedings held before Judge Nancy M Koenig : Initial Appearance as to Cox Bailey County Farms Inc held on 3/22/06. Defendant's first appearance with counsel. Defendant advises he will retain Daniel Hurley as counsel. PR Bond set as to Cox Bailey County Farms Inc (3) (Tape #1431 (2216-3520).) (egb, ) (Entered: 03/22/2006)
03/22/2006  Attorney update in case as to Cox Bailey County Farms Inc. Attorney Daniel W Hurley for Cox Bailey County Farms Inc added. (egb, ) (Entered: 03/22/2006)
03/22/200611 Minute Entry for proceedings held before Judge Nancy M Koenig : Arraignment as to Cox Bailey County Farms Inc (3) Count 1,2-3,4-5,6-7 held on 3/22/06. Plea entered by Cox Bailey County Farms Inc: Not Guilty on counts 1-7. Set/Reset Hearings as to Cox Bailey County Farms Inc: Jury Trial set for 5/1/2006 09:00 AM before Judge Sam R Cummings. (Tape #1421 (3521-4185).) (egb, ) (Entered: 03/22/2006)
03/22/200612 Minute Entry for proceedings held before Judge Nancy M Koenig : Initial Appearance as to PB Ranch Inc held on 3/22/06. Defendant's first appearance with counsel; advised he will retain Daniel Hurley as counsel. PR Bond set as to PB Ranch Inc (4) (Tape #1431 (2216-3520).) (egb, ) (Entered: 03/22/2006)
03/22/200613 Minute Entry for proceedings held before Judge Nancy M Koenig : Arraignment as to PB Ranch Inc (4) Count 1,8-9,10-11,12-13 held on 3/22/06., Plea entered by PB Ranch Inc: Not Guilty on counts 1,8-13. Set/Reset Hearings as to PB Ranch Inc: Jury Trial set for 5/1/2006 09:00 AM before Judge Sam R Cummings. (Tape #1421 (3521-4185).) (egb, ) (Entered: 03/22/2006)
03/22/200614 Minute Entry for proceedings held before Judge Nancy M Koenig : Initial Appearance as to Bailey Gin Co held on 3/22/06. Defendant's first appearance; appeared without counsel. Requests appointed counsel. Order appointing Federal Public Defender to be entered. PR Bond set as to Bailey Gin Co (5) (Tape #1431 (2216-3520).) (egb, ) (Entered: 03/22/2006)
03/22/200616 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Franklin Eugene Hawkins, Bailey Gin Co. Sherylynn A Kime-Goodwin for Franklin Eugene Hawkins and Bailey Gin Co appointed. (Signed by Judge Nancy M Koenig on 3/22/06) (egb, ) (Entered: 03/22/2006)
03/22/200620 PRETRIAL NOTICE AND ORDER as to Cox Bailey County Farms Inc: Jury Trial set for 5/1/2006 09:00 AM before Judge Sam R Cummings. Motions due by 4/10/2006. (Signed by Judge Sam R Cummings on 3/22/06) (egb, ) (Entered: 03/22/2006)
03/22/200621 PRETRIAL NOTICE AND ORDER as to PB Ranch Inc: Jury Trial set for 5/1/2006 09:00 AM before Judge Sam R Cummings. Motions due by 4/10/2006. (Signed by Judge Sam R Cummings on 3/22/06) (egb, ) (Entered: 03/22/2006)
03/22/200623 Minute Entry for proceedings held before Judge Nancy M Koenig : Arraignment as to Bailey Gin Co (5) Count 1,2-3,4-5,6-7,8-9,10-11,12-13,14-15,16-17,18 held on 3/22/06. Plea entered by Bailey Gin Co: Not Guilty on counts 1-18. Set/Reset Hearings as to Bailey Gin Co: Jury Trial set for 5/1/2006 09:00 AM before Judge Sam R Cummings. (Tape #1431 (4496-5000).) (egb, ) (Entered: 03/22/2006)
03/24/200625 ORDER MODIFYING ECF STANDING ORDER as to Britt Birdwell, Franklin Eugene Hawkins, Cox Bailey County Farms Inc, PB Ranch Inc, Bailey Gin Co (Signed by Judge Sam R Cummings on 3/22/06) (egb, ) (Entered: 03/24/2006)
03/28/200632 PRETRIAL NOTICE AND ORDER as to Bailey Gin Co: Jury Trial set for 5/1/2006 09:00 AM before Judge Sam R Cummings. Motions due by 4/10/2006. (Signed by Judge Sam R Cummings on 3/28/06) (egb, ) (Entered: 03/28/2006)
03/28/200633 First MOTION for Discovery Extraneous Acts by Britt Birdwell as to Britt Birdwell, Cox Bailey County Farms Inc, PB Ranch Inc (Hurley, Daniel) (Entered: 03/28/2006)
03/28/200636 First MOTION for Discovery Extraneous Acts by PB Ranch Inc (Hurley, Daniel) (Entered: 03/28/2006)
03/28/200637 First MOTION for Discovery and Inspection and Brief by PB Ranch Inc (Hurley, Daniel) Modified Text on 3/28/2006 (egb, ). (Entered: 03/28/2006)
03/28/200638 First MOTION for Discovery and Inspection Under Rule 16(a)(1)(E) and Brief by PB Ranch Inc (Hurley, Daniel) Modified Text on 3/28/2006 (egb, ). (Entered: 03/28/2006)
03/28/200639 First MOTION for Discovery Extraneous Acts by Cox Bailey County Farms Inc (Hurley, Daniel) (Entered: 03/28/2006)
03/28/200640 First MOTION for Discovery and Inspection and Brief by Cox Bailey County Farms Inc (Hurley, Daniel) Modified Text on 3/28/2006 (egb, ). (Entered: 03/28/2006)
03/28/200641 First MOTION for Discovery and Inspection Under Rule 16(a)(1)(E) and Brief by Cox Bailey County Farms Inc (Hurley, Daniel) Modified Text on 3/28/2006 (egb, ). (Entered: 03/28/2006)
03/29/200646 ORDER granting 40 Motion for Discovery as to Cox Bailey County Farms Inc (3); granting 41 Motion for Discovery as to Cox Bailey County Farms Inc (3), with the exception of paragraphs concerning informants, which are hereby denied. (Signed by Judge Sam R Cummings on 3/29/06) (egb, ) (Entered: 03/29/2006)
03/29/200647 ORDER granting 39 Motion for Discovery as to Cox Bailey County Farms Inc (3) (Signed by Judge Sam R Cummings on 3/29/06) (egb, ) (Entered: 03/29/2006)
03/29/200648 ORDER granting 37 Motion for Discovery as to PB Ranch Inc (4); granting 38 Motion for Discovery as to PB Ranch Inc (4), with the exception of paragraphs concerning informants, which are hereby denied. (Signed by Judge Sam R Cummings on 3/29/06) (egb, ) (Entered: 03/29/2006)
03/29/200649 ORDER granting 36 Motion for Discovery as to PB Ranch Inc (4) (Signed by Judge Sam R Cummings on 3/29/06) (egb, ) (Entered: 03/29/2006)
04/03/200652  MOTION for Discovery by USA as to Cox Bailey County Farms Inc with Brief in Support. (Sucsy, Steven) (Entered: 04/03/2006)
04/03/200653  MOTION for Discovery by USA as to PB Ranch Inc with Brief in Support. (Sucsy, Steven) (Entered: 04/03/2006)
04/05/200655 ORDER granting 52 Motion for Discovery as to Cox Bailey County Farms Inc (3) (Signed by Judge Sam R Cummings on 4/5/06) (egb, ) (Entered: 04/05/2006)
04/05/200657 ORDER granting 53 Motion for Discovery as to PB Ranch Inc (4) (Signed by Judge Sam R Cummings on 4/5/06) (egb, ) (Entered: 04/05/2006)
06/08/200662 Minute Entry for proceedings held before Judge Sam R Cummings :Rearraignment Hearing as to Cox Bailey County Farms Inc held on 6/8/06.Plea entered by Cox Bailey County Farms Inc (3): Guilty as to Count 1. Attorney Appearances: AUSA - Steve Sucsy; Defense - Dan Hurley.(Court Reporter Mechelle Daniel.) (klw, ) (Entered: 06/08/2006)
06/08/200663 PLEA AGREEMENT as to Cox Bailey County Farms Inc (klw, ) (Entered: 06/08/2006)
06/08/200664 Factual Resume as to Cox Bailey County Farms Inc (klw, ) (Entered: 06/08/2006)
06/08/200665 ORDER that the presentence report be completed and disclosed within 35 working days of the date of this order as to Cox Bailey County Farms Inc: all restitution information, if applicable, shall be provided to USPO by Govt no later than 5 days from the date of this order. (Signed by Judge Sam R Cummings on 6/8/06) (klw, ) (Entered: 06/08/2006)
06/08/200666 Minute Entry for proceedings held before Judge Sam R Cummings :Rearraignment Hearing as to PB Ranch Inc held on 6/8/06. Plea entered by PB Ranch Inc (4): Guilty as to Count 1. Attorney Appearances: AUSA - Steve Sucsy; Defense - Dan Hurley.(Court Reporter Mechelle Daniel.) (klw, ) (Entered: 06/08/2006)
06/08/200667 PLEA AGREEMENT as to PB Ranch Inc (klw, ) (Entered: 06/08/2006)
06/08/200668 Factual Resume as to PB Ranch Inc (klw, ) (Entered: 06/08/2006)
06/08/200669 ORDER that the presentence report be completed and disclosed within 35 working days of the date of this order as to PB Ranch Inc: all restitution information, if applicable, shall be provided to USPO by Govt no later than 5 days from the date of this order. (Signed by Judge Sam R Cummings on 6/8/06) (klw, ) (Entered: 06/08/2006)
06/29/200676 Minute Entry for proceedings held before Judge Sam R Cummings :Rearraignment Hearing as to Bailey Gin Co held on 6/29/06. Plea entered by Bailey Gin Co (5): Guilty on Count 1. Attorney Appearances: AUSA - Steve Sucsy; Defense - Shery Kime-Goodwin.(Court Reporter Mechelle Daniel.) (klw, ) (Entered: 06/30/2006)
06/29/200677 PLEA AGREEMENT as to Bailey Gin Co (klw, ) (Entered: 06/30/2006)
06/29/200678 Factual Resume as to Bailey Gin Co (klw, ) (Entered: 06/30/2006)
06/29/200679 ORDER that the presentence report be completed and disclosed within 35 working days of the date of this order as to Bailey Gin Co: all restitution information, if applicable, shall be provided to USPO by Govt no later than 5 days from the date of this order. (Signed by Judge Sam R Cummings on 6/29/06) (klw, ) (Entered: 06/30/2006)
07/28/200681 Sentencing Scheduling Order as to PB Ranch Inc: Objections to Presentence Investigation Report due by noon on 8/10/2006. Presentence Investigation Addendum due by noon on 8/17/2006. Sentencing set for 8/25/2006 10:00 AM before Judge Sam R Cummings. (Signed by Judge Sam R Cummings on 7/28/06) (klw, ) (Entered: 07/28/2006)
07/28/200682 Sentencing Scheduling Order as to Cox Bailey County Farms Inc: Objections to Presentence Investigation Report due by noon on 8/10/2006. Presentence Investigation Addendum due by noon on 8/17/2006. Sentencing set for 8/25/2006 10:00 AM before Judge Sam R Cummings. (Signed by Judge Sam R Cummings on 7/28/06) (klw, ) (Entered: 07/28/2006)
08/21/200684 Sentencing Scheduling Order as to Bailey Gin Co: Objections to Presentence Investigation Report due by noon on 8/31/2006. Presentence Investigation Addendum due by noon on 9/7/2006. Sentencing set for 9/29/2006 10:00 AM before Judge Sam R Cummings. (Signed by Judge Sam R Cummings on 8/21/06) (klw, ) (Entered: 08/21/2006)
08/25/200689 Minute Entry for proceedings held before Judge Sam R Cummings : Sentencing held on 8/25/2006 for Cox Bailey County Farms Inc (3) on Count(s) 1 - Five (5) years probation with standard and additional conditions; Restitution - $203,491.00; Mandatory Special Assessment - $400.00.; Count(s) 2-3, 4-5, 6-7, Dismissed upon Government's oral motion and oral order granting motion in open court. Defendant advised of his right to appeal. Attorney Appearances: AUSA - Steve Sucsy; Defense - Dan Hurley. (Court Reporter Mechelle Daniel.) Time in Court:.05. (klw, ) (Entered: 08/25/2006)
08/25/200690 JUDGMENT as to Cox Bailey County Farms Inc (3) on Count(s) 1 - Five (5) years probation with standard and additional conditions; Restitution - $203,491.00; Mandatory Special Assessment - $400.00.; Count(s) 2-3, 4-5, 6-7 - Dismissed upon Government's motion. (Signed by Judge Sam R Cummings on 8/25/06) (klw, ) (Entered: 08/25/2006)
08/25/200691 Minute Entry for proceedings held before Judge Sam R Cummings : Sentencing held on 8/25/2006 for PB Ranch Inc (4) on Count(s) 1 - Five (5) years probation with standard and additional conditions; Restitution - $127,800.00; Mandatory Special Assessment - $400.00.; Count(s) 10-11, 12-13, 8-9 - Dismissed upon Government's oral motion and oral order granting same in open court. Defendant advised of his right to appeal. Attorney Appearances: AUSA - Steve Sucsy; Defense - Dan Hurley. (Court Reporter Mechelle Daniel.) Time in Court:.05. (klw, ) Modified text on 8/25/2006 (klw, ). (Entered: 08/25/2006)
08/25/200692 JUDGMENT as to PB Ranch Inc (4) on Count(s) 1 - Five (5) years probation with standard and additional conditions; Restitution - $127,800.00; Mandatory Special Assessment - $400.00.; Count(s) 10-11, 12-13, 8-9 - Dismissed upon Government's motion. (Signed by Judge Sam R Cummings on 8/25/06) (klw, ) (Entered: 08/25/2006)
09/29/200696 Minute Entry for proceedings held before Judge Sam R Cummings : Sentencing held on 9/29/2006 for Bailey Gin Co (5) on Count(s) 1 - Five (5) years probation with standard and additional conditions; Restitution - $362,775.00; Mandatory Special Assessment - $400.00; Count(s) 10-11, 12-13, 14-15, 16-17, 18, 2-3, 4-5, 6-7, 8-9 - Dismissed upon Oral Order granting Government's oral motion in open court. Attorney Appearances: AUSA - Steve Sucsy; Defense - Shery Kime-Goodwin. (Court Reporter Mechelle Daniel.) Time in Court: 5 minutes. (klw, ) (Entered: 09/29/2006)
09/29/200697 JUDGMENT as to Bailey Gin Co (5) on Count(s) 1 - Five (5) years probation with standard and additional conditions; Restitution - $362,775.00; Mandatory Special Assessment - $400.00; Count(s) 10-11, 12-13, 14-15, 16-17, 18, 2-3, 4-5, 6-7, 8-9 - Dismissed upon Government's motion (Signed by Judge Sam R Cummings on 9/29/06) (klw, )N (Entered: 09/29/2006)
07/12/2010103  ORDER w/USPO Petition as to Cox Bailey County Farms Inc, PB Ranch Inc. The Court grants the Petition. The Court agrees with the recommendation of the probation officer and orders that Cox Bailey County Farms, Inc. and PB Ranch, Inc. be discharged from supervision and the proceedings in this case be terminated. (Ordered by Judge Sam R Cummings on 7/12/2010) (klw) (Entered: 07/12/2010)
08/16/2011105 REPORT ON OFFENDER UNDER SUPERVISION AND ORDER as to Bailey Gin Co: It is recommended that the term of probation be allowed to expire owing restitution. Franklin Eugene Hawkins is aware that payments toward the restitution in this matter will have to be continued. The Financial Litigation Unit will continue to monitor the restitution payments made by Mr. Hawkins until the restitution is paid in full. The Court agrees with the recommendation of the probation officer. (Ordered by Judge Sam R Cummings on 8/16/2011) (bdg) (Entered: 08/16/2011)