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 by | Daniel 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 by | Daniel 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 by | Sherylynn 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 by | Steven 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 |
|---|---|---|
| 02/15/2006 | 1 | SEALED 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) |
| 02/17/2006 | 2 | Summons 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) |
| 02/17/2006 | 3 | Order Designating Case for ECF - see order for specifics. (Signed by Judge Sam R Cummings on 1/3/06) (klw, ) (Entered: 02/17/2006) |
| 02/27/2006 | 4 | Summons Returned Executed on 2/22/06 as to PB Ranch Inc (egb, ) (Entered: 02/27/2006) |
| 03/03/2006 | 6 | Summons 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) | |
| 03/22/2006 | 10 | 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) | |
| 03/22/2006 | 11 | 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) |
| 03/22/2006 | 12 | 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) |
| 03/22/2006 | 13 | 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) |
| 03/22/2006 | 14 | 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) |
| 03/22/2006 | 16 | 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) |
| 03/22/2006 | 20 | 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) |
| 03/22/2006 | 21 | 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) |
| 03/22/2006 | 23 | 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) |
| 03/24/2006 | 25 | 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) |
| 03/28/2006 | 32 | 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) |
| 03/28/2006 | 33 | 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) |
| 03/28/2006 | 36 | First MOTION for Discovery Extraneous Acts by PB Ranch Inc (Hurley, Daniel) (Entered: 03/28/2006) |
| 03/28/2006 | 37 | 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) |
| 03/28/2006 | 38 | 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) |
| 03/28/2006 | 39 | First MOTION for Discovery Extraneous Acts by Cox Bailey County Farms Inc (Hurley, Daniel) (Entered: 03/28/2006) |
| 03/28/2006 | 40 | 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) |
| 03/28/2006 | 41 | 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) |
| 03/29/2006 | 46 | 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) |
| 03/29/2006 | 47 | 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) |
| 03/29/2006 | 48 | 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) |
| 03/29/2006 | 49 | 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) |
| 04/03/2006 | 52 | MOTION for Discovery by USA as to Cox Bailey County Farms Inc with Brief in Support. (Sucsy, Steven) (Entered: 04/03/2006) |
| 04/03/2006 | 53 | MOTION for Discovery by USA as to PB Ranch Inc with Brief in Support. (Sucsy, Steven) (Entered: 04/03/2006) |
| 04/05/2006 | 55 | 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) |
| 04/05/2006 | 57 | 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) |
| 06/08/2006 | 62 | 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) |
| 06/08/2006 | 63 | PLEA AGREEMENT as to Cox Bailey County Farms Inc (klw, ) (Entered: 06/08/2006) |
| 06/08/2006 | 64 | Factual Resume as to Cox Bailey County Farms Inc (klw, ) (Entered: 06/08/2006) |
| 06/08/2006 | 65 | 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) |
| 06/08/2006 | 66 | 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) |
| 06/08/2006 | 67 | PLEA AGREEMENT as to PB Ranch Inc (klw, ) (Entered: 06/08/2006) |
| 06/08/2006 | 68 | Factual Resume as to PB Ranch Inc (klw, ) (Entered: 06/08/2006) |
| 06/08/2006 | 69 | 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) |
| 06/29/2006 | 76 | 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) |
| 06/29/2006 | 77 | PLEA AGREEMENT as to Bailey Gin Co (klw, ) (Entered: 06/30/2006) |
| 06/29/2006 | 78 | Factual Resume as to Bailey Gin Co (klw, ) (Entered: 06/30/2006) |
| 06/29/2006 | 79 | 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) |
| 07/28/2006 | 81 | 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) |
| 07/28/2006 | 82 | 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) |
| 08/21/2006 | 84 | 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) |
| 08/25/2006 | 89 | 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) |
| 08/25/2006 | 90 | 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) |
| 08/25/2006 | 91 | 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) |
| 08/25/2006 | 92 | 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) |
| 09/29/2006 | 96 | 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) |
| 09/29/2006 | 97 | 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) |
| 07/12/2010 | 103 | 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) |
| 08/16/2011 | 105 | 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) |