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U.S. District Court - Eastern District of Tennessee (Knoxville)
CRIMINAL DOCKET FOR CASE #: 3:00-cr-00107-1


Case title: USA v. Gatliff Coal Company, et al

Date Filed: 07/13/2000
Date Terminated: 12/04/2000

Assigned to: District Judge Thomas W Phillips

Defendant (1)
Gatliff Coal Company
TERMINATED: 12/04/2000
represented byGary C Shockley
Baker, Donelson, Bearman & Caldwell - Nashville
511 Union Street
Suite 1700
Nashville, TN 37219
615-726-5600
Fax: 615-744-5704
Email: gshockley@bakerdonelson.com
TERMINATED: 12/04/2000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
33:403.M [33:403 and 406] DID ALTER AND MODIFY THE CONDITION OF THE CHANNEL OF A NAVIGABLE WATER OF THE US BY LOW PH WATER THROUGH A PUMP IN VIOLATION OF A PERMIT
(1)
Deft, Gatliff Coal, ordered to pay fine in the amt of $17,000.00; special assessment of $125.00; additionally to make voluntarily contributions in a total amt of $179,999.50.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byGuy W Blackwell
Law Office of Guy Blackwell
138 Saylor Road
Gray, TN 37615
423-557-3924
Fax: 423-753-5846
Email: GWBlawoffice@comcast.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/13/2000INFORMATION by USA filed against Gatliff Coal Company (1) count 1 & Glennis Lawson (2) count 1 (KJR) (Entered: 07/17/2000)
07/13/2000  ARREST of defendant Gatliff Coal Company with David Meece VP appearing as representative for Gatliff Coal on 7/13/00 (KJR) (Entered: 07/17/2000)
07/13/2000CTRM MINUTES: before Mag Judge Thomas W. Phillips ; initial appearance/plea to an information hearing held on Defts Gatliff Coal Company & Glennis Lawson; Attorney Gary Shockley present on behalf of Deft Gatliff Coal Company & atty David Eldridge present on behalf of Deft Glennis Lawson ; Company VP of Gatliff, David Bruce Meece, present on behalf of Gatliff Coal Corp - sworn and advised of rights; consent to proceed before US Magistrate Judge in a Misdemeanor case executed by the parties; dft Gatliff Coal Company, Glennis Lawson arraigned with guilty plea entered to count 1 of the information by Deft Glennis Lawson ; $25,000 O/R Bond set for Glennis Lawson ; sentencing hearing set for 1:30 on 10/2/00 for Gatliff Coal Company & for Glennis Lawson; case referred for psi. CD N. Graham; CR Netta Kocuba. (KJR) (Entered: 07/17/2000)
07/13/2000PLEA AGREEMENT filed unsealed by Gatliff Coal Company and Glennis Lawson (KJR) (Entered: 07/17/2000)
07/13/2000FACTUAL BASIS as to defendant Gatliff Coal Company, defendant Glennis Lawson (KJR) (Entered: 07/17/2000)
07/13/2000CONSENT to proceed before Mag Judge Thomas W. Phillips on a misdemeanor by Gatliff Coal Company & Glennis Lawson (KJR) (Entered: 07/17/2000)
08/22/2000  NOTICE OF HEARING ; setting sentencing hearing set for 1:30 on 10/2/00 for Gatliff Coal Company & Glennis Lawson before the Hon. Thomas W. Phillips (cc: all counsel) (KJR) (Entered: 08/22/2000)
10/24/2000NOTICE OF NOT OBJECTION TO PRESENTENCE REPORT by plaintiff USA C/S (CRS) (Entered: 10/24/2000)
11/02/2000  NOTICE OF HEARING; before Mag Judge Thomas W. Phillips ; sentencing hearing reset for 3:00 pn on 11/15/00 for Gatliff Coal Company & Glennis Lawson before the Hon. Thomas W. Phillips (cc: all counsel) (KJR) (Entered: 11/02/2000)
11/09/2000  NOTICE OF HEARING; setting sentencing before Mag Judge Thomas W. Phillips ; on 12/4/00 at 1:30 pm for Gatliff Coal Company & Glennis Lawson (cc: all counsel) (KJR) (Entered: 11/09/2000)
12/04/2000  RECEIPT #20666 in the amount of $3,025.00 ($25.00 special assessment and $3,000.00 fine) for Glennis Lawson (ANB) (Entered: 12/05/2000)
12/04/2000  RECEIPT #20665 in the amount of $17,125.00 ($125 special assessment and $17,000.00 fine) for Gatliff Coal Company (ANB) (Entered: 12/05/2000)
12/04/2000CTRM MINUTES: before Mag Judge Thomas W. Phillips ; sentencing Gatliff Coal Company (1) on count 1 of the information. Bruce Meese present o/b/o Gatliff Coal Company with Deft representative sworn and plea agreement previously accepted by the Court. Govt's oral motion for a downward departure - granted. Deft, Gatliff Coal, ordered to pay fine in the amt of $17,000.00 to the US District Court Clerk's Office with a special assessment of $125.00; additionally to make voluntarily contributions to the following: $2,179.50 in cost recovery for the Mining Section of the Division of Water Pollution Control at the TN Dept of Environment & Conservation; $50,000.00 to be deposited into the TN Surface Mine Reclamation Fund for environmental projects with a preference for Campbell Co., TN & associated areas where Gatliff Coal Company's violations occurred; $50,000.00 to the Office of Surface Mining for the White Oak Basin Reforestation Project; $10,320.50 to the Commissioner of the TN Dept of Environment & Conversation who may allocate amt to environmental projects in the 8th Judicial Dist or to the TN parks & greenways foundation; $17,500.00 to the Office of the Dist Atty General for the 8th Judicial Dist; and $50,000.00 as costs of enforcement of the Office of the Atty General of TN, to fund continued enforcement of environmental laws. CD K. Jones; Tape 3C-00-58. (KJR) (Entered: 12/07/2000)
12/18/200010 JUDGMENT by Mag Judge Thomas W. Phillips issued as to Gatliff Coal Company O.B. 181 Pg 28 (cc: all counsel) (KJR) (Entered: 12/19/2000)