CLOSED

U.S. District Court
Western District of North Carolina (Asheville)
CRIMINAL DOCKET FOR CASE #: 1:07-cr-00106-TSE-DLH All Defendants


Case title: USA v. Henderson Amusement, Inc. et al

Date Filed: 12/03/2007
Date Terminated: 02/14/2008

Assigned to: Thomas Selby Ellis, III
Referred to: Magistrate Judge Dennis Howell

Defendant (1)
Henderson Amusement, Inc.
TERMINATED: 02/13/2008
represented byThomas A.M. Boggs
104 Pinnacle Street
P.O. Box 1539
Clemson, SC 29633-1539
864-654-6042
Email: tamboggsattorney@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ILLEGAL GAMBLING
(1)
Probation for a term of 5 years as to counts 1 and 4 to run concurrently; $800.00 assessment; $10,000,000.00 forfeiture.
MONEY LAUNDERING - BRIBERY
(4)
Probation for a term of 5 years as to counts 1 and 4 to run concurrently; $800.00 assessment; $10,000,000.00 forfeiture

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Thomas Selby Ellis, III
Referred to: Magistrate Judge Dennis Howell

Defendant (2)
James Otis Henderson
TERMINATED: 02/13/2008
also known as
Jamie Henderson
TERMINATED: 02/13/2008
represented byThomas A.M. Boggs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ILLEGAL GAMBLING
(1)
Imprisoned for a term of 60 months on Ct 1 and 72 months on Cts 2 and 4 to be served concurrently for a total term of imprisonment of 72 months; supervised release for a term of 3 years on each of Cts, 1, 2 and 4 to run concurrently; $300.00 assessment; $10,000,000.00 forfeiture.
CONVERTS TO OWN USE PROPERTY OF ANOTHER
(2)
Imprisoned for a term of 60 months on Ct 1 and 72 months on Cts 2 and 4 to be served concurrently for a total term of imprisonment of 72 months; supervised release for a term of 3 years on each of Cts, 1, 2 and 4 to run concurrently; $300.00 assessment; $10,000,000.00 forfeiture.
MONEY LAUNDERING - BRIBERY
(4)
Imprisoned for a term of 60 months on Ct 1 and 72 months on Cts 2 and 4 to be served concurrently for a total term of imprisonment of 72 months; supervised release for a term of 3 years on each of Cts, 1, 2 and 4 to run concurrently; $300.00 assessment; $10,000,000.00 forfeiture.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Thomas Selby Ellis, III
Referred to: Magistrate Judge Dennis Howell

Defendant (3)
Barron Sloan Henderson
TERMINATED: 02/13/2008
also known as
Barry Henderson
TERMINATED: 02/13/2008
represented byAmos Granger Tyndall
Stubbs, Cole, Breedlove, Prentis and Biggs
312 West Franklin Street
Chapel Hill, NC 27516
919-967-0504
Fax: 919-967-4953
Email: amos@amostyndall.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Joseph B. Cheshire , V
Cheshire Parker Schneider & Bryan, PLLC
P.O. Box 1029
Raleigh, NC 27602-1029
919-833-3114
Fax: 919-832-0739
Email: joe.cheshire@cheshirepark.com
TERMINATED: 07/02/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ILLEGAL GAMBLING
(1)
12 Months and 1 Day imprisonment; 3 Years supervised release; pay $200 Assessment
MONEY LAUNDERING - BRIBERY
(4)
12 Months and 1 Day imprisonment; 3 Years supervised release; pay $200 Assessment

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Thomas Selby Ellis, III
Referred to: Magistrate Judge Dennis Howell

Defendant (4)
Jerry Pennington
TERMINATED: 02/13/2008
represented byJ. Steven Brackett
First Plaza Building, Suite 135
1985 Tate Boulevard SE
Hickory, NC 28602
828-324-2101
Fax: 828-324-6410
Email: 70olddog@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ILLEGAL GAMBLING
(1)
Imprisoned for a term of 60 months on Ct 1 and 63 months on Cts 3 and 4 for a total term of 63 months, all counts to be served concurrently; supervised release for a term of 3 years on each of Cts 1, 3 and 4 to run concurrently; $300 assessment.
CONVERTS TO OWN USE PROPERTY OF ANOTHER
(3)
Imprisoned for a term of 60 months on Ct 1 and 63 months on Cts 3 and 4 for a total term of 63 months, all counts to be served concurrently; supervised release for a term of 3 years on each of Cts 1, 3 and 4 to run concurrently; $300 assessment.
MONEY LAUNDERING - BRIBERY
(4)
Imprisoned for a term of 60 months on Ct 1 and 63 months on Cts 3 and 4 for a total term of 63 months, all counts to be served concurrently; supervised release for a term of 3 years on each of Cts 1, 3 and 4 to run concurrently; $300 assessment

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Thomas Selby Ellis, III
Referred to: Magistrate Judge Dennis Howell

Defendant (5)
Jeffrey Lee Childers
TERMINATED: 02/14/2008
represented byDavid B. Freedman
CRUMPLER FREEDMAN PARKER & WITT
301 N. Main Street, Suite 1100
Winston-Salem, NC 27101
336-725-1304
Fax: 336-761-8845
Email: david@cfpwlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
ILLEGAL GAMBLING
(1)
Imprisoned 41 months; supervised release 3 years and pay $200 assessment and $20,000 fine -- 10/20/08 Order reduced Imprisonment to 15 months, with all other terms of the sentence remaining in full force and effect.
CONVERTS TO OWN USE PROPERTY OF ANOTHER
(2)
Imprisoned 41 months; supervised release 3 years and pay $200 assessment and $20,000 fine -- 10/20/08 Order reduced Imprisonment to 15 months, with all other terms of the sentence remaining in full force and effect.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Claimant
Janet Leigh Henderson represented byThomas A.M. Boggs
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Claimant
First Citizens National Bank & Trust Company represented byMichelle Rippon
Constangy, Brooks & Smith, LLP
80 Peachtree Road
Suite 208
Asheville, NC 28803
828-277-5137
Email: mrippon@constangy.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William A. Coates
Roe Cassidy Coates & Price, P.A.
1052 N. Church Street (29601)
P.O. Box 10529
Greenville, SC 29603
864-349-2603
Fax: 864-349-0303
Email: wac@roecassidy.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED


Claimant
Julie Maybry Henderson represented bySean P. Devereux
The Jackson Building
22 South Pack Square, Suite 1100
Asheville, NC 28801
828-285-9455
Fax: 828-285-9457
Email: sdevereux@devereuxlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Claimant
Wells Fargo Home Mortgage, Inc. represented byTravis Emil Menk
Brock & Scott, PLLC
5121 Parkway Plaza Blvd
Charlotte, NC 28217
704-643-0290
Fax: 704-369-0760
Email: travis.menk@brockandscott.com
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byCorey F. Ellis
U. S. Courthouse
100 Otis Street
Suite 233
Asheville, NC 28801
828/271-4661
Fax: 828/271-4670
Email: corey.ellis@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Lee Edwards
United States Attorney
Room 233, U. S. Courthouse
100 Otis Street
Asheville, NC 28801
828-271-4661
Fax: 828-271-4670
Email: richard.edwards2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thomas R. Ascik
United States Attorney's Office
100 Otis Street
Asheville, NC 28801
828-259-0644
Fax: 828-271-4122
Email: thomas.ascik@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/03/2007INFORMATION as to Henderson Amusement, Inc. (1) count(s) 1, 4, James Otis Henderson (2) count(s) 1, 2, 4, Barron Sloan Henderson (3) count(s) 1, 4, Jerry Pennington (4) count(s) 1, 3, 4, Jeffrey Lee Childers (5) count(s) 1, 2. (siw) (Entered: 12/03/2007)
12/03/2007  Attorney update in case as to Jerry Pennington. Attorney J. Steven Brackett for Jerry Pennington added. (siw) (Entered: 12/03/2007)
12/03/2007PLEA AGREEMENT as to Jerry Pennington (siw) (Entered: 12/03/2007)
12/03/2007  Judge update in case as to Jerry Pennington. Judge Dennis Howell added. (siw) (Entered: 12/03/2007)
12/03/2007  NOTICE OF HEARING as to Jerry Pennington: Arraignment set for 12/4/2007 11:00 AM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Plea Hearing set for 12/4/2007 11:00 AM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Initial Appearance set for 12/4/2007 11:00 AM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. This is your only notice - you will not receive a separate document.(siw) (Entered: 12/03/2007)
12/04/2007  Minute Entry: Initial Appearance and Arraignment as to Jerry Pennington (4) Count 1,3,4 held on 12/4/2007 for proceedings held before Judge Dennis Howell :Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: J. Steven Brackett. (Court Reporter FTR) (emw) (Entered: 12/04/2007)
12/04/2007WAIVER OF INDICTMENT by Jerry Pennington (emw) (Entered: 12/04/2007)
12/04/2007SCHEDULING ORDER as to Jerry Pennington Docket Call set for 12/10/2007 10:00 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Thomas Selby Ellis III.. Signed by Judge Dennis Howell on 12/04/07. (emw) (Entered: 12/04/2007)
12/04/2007Standard Discovery Order in case as to Jerry Pennington.. Signed by Judge Dennis Howell on 12/04/07. (emw) (Entered: 12/04/2007)
12/04/2007  Minute Entry: Plea entered on 12/4/2007 by Jerry Pennington (4) Guilty Count 1,3,4. Case referral terminated for Magistrate Judge Dennis Howell. for proceedings held before Judge Dennis Howell :Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: J. Steven Brackett. (Court Reporter FTR) (emw) (Entered: 12/04/2007)
12/04/2007NOTICE OF STATEMENT OF FACTS by Jerry Pennington (emw) (Entered: 12/04/2007)
12/04/2007ACCEPTANCE and entry of Guilty Plea as to Jerry Pennington signed by Dennis Howell. (emw) (Entered: 12/04/2007)
12/04/2007  Minute Entry: Bond Hearing as to Jerry Pennington held on 12/4/2007 for proceedings held before Judge Dennis Howell : Defendant released on same bond as posted in 1:07cr69-04.Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: J. Steven Brackett. (Court Reporter FTR) (emw) (Entered: 12/04/2007)
12/05/2007ORDER Concerning Factual Basis as to Jerry Pennington. Signed by Judge Dennis Howell on 12/4/07. (siw) (Entered: 12/05/2007)
12/06/2007PLEA AGREEMENT as to Henderson Amusement, Inc. (siw) (Entered: 12/06/2007)
12/06/2007  NOTICE OF HEARING as to Henderson Amusement, Inc.: Arraignment set for 12/7/2007 02:30 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Plea Hearing set for 12/7/2007 02:30 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Initial Appearance set for 12/7/2007 02:30 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. This is your only notice - you will not receive a separate document.(siw) (Entered: 12/06/2007)
12/06/200710 PLEA AGREEMENT as to James Otis Henderson (siw) (Entered: 12/06/2007)
12/06/2007  NOTICE OF HEARING as to James Otis Henderson: Arraignment set for 12/7/2007 02:30 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Plea Hearing set for 12/7/2007 02:30 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Initial Appearance set for 12/7/2007 02:30 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. This is your only notice - you will not receive a separate document.(siw) (Entered: 12/06/2007)
12/06/200711 PLEA AGREEMENT as to Barron Sloan Henderson (siw) (Entered: 12/06/2007)
12/06/2007  NOTICE OF HEARING as to Barron Sloan Henderson: Arraignment set for 12/7/2007 03:15 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Plea Hearing set for 12/7/2007 03:15 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Initial Appearance set for 12/7/2007 03:15 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. This is your only notice - you will not receive a separate document.(siw) (Entered: 12/06/2007)
12/06/2007  Attorney update in case as to Henderson Amusement, Inc., James Otis Henderson. Attorney Thomas A.M. Boggs for Henderson Amusement, Inc. and James Otis Henderson added. (siw) (Entered: 12/06/2007)
12/06/2007  Attorney update in case as to Barron Sloan Henderson. Attorney Joseph B. Cheshire, V for Barron Sloan Henderson added. (siw) (Entered: 12/06/2007)
12/06/2007  NOTICE OF HEARING as to Henderson Amusement, Inc., James Otis Henderson: Arraignment set for 12/7/2007 02:30 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Plea Hearing set for 12/7/2007 02:30 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Initial Appearance set for 12/7/2007 02:30 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. This is your only notice - you will not receive a separate document.(siw) (Entered: 12/06/2007)
12/06/2007  Terminate Deadlines and Hearings as to Barron Sloan Henderson: (siw) (Entered: 12/06/2007)
12/06/2007  Attorney update in case as to Jeffrey Lee Childers. Attorney David B. Freedman for Jeffrey Lee Childers added. (siw) (Entered: 12/07/2007)
12/06/2007  NOTICE OF HEARING as to Jeffrey Lee Childers: Arraignment set for 12/7/2007 04:00 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Plea Hearing set for 12/7/2007 04:00 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Initial Appearance set for 12/7/2007 04:00 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. This is your only notice - you will not receive a separate document.(siw) (Entered: 12/07/2007)
12/07/2007  Terminate Deadlines and Hearings as to Barron Sloan Henderson: (siw) (Entered: 12/07/2007)
12/07/2007  NOTICE OF HEARING as to Barron Sloan Henderson: Arraignment set for 12/11/2007 02:00 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Plea Hearing set for 12/11/2007 02:00 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. Initial Appearance set for 12/11/2007 02:00 PM in Asheville Courtroom #2, 100 Otis St., Asheville, NC 28801 before Magistrate Judge Dennis Howell. This is your only notice - you will not receive a separate document.(siw) (Entered: 12/07/2007)
12/07/200712 PLEA AGREEMENT as to Jeffrey Lee Childers (siw) (Entered: 12/07/2007)
12/07/2007  Minute Entry: Initial Appearance and Arraignment as to Henderson Amusement, Inc. (1) Count 1,4 held on 12/7/2007 for proceedings held before Judge Dennis Howell :Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: Thomas A. M. Boggs. (Court Reporter FTR) (emw) (Entered: 12/07/2007)
12/07/200713 WAIVER OF INDICTMENT by Henderson Amusement, Inc. (emw) (Entered: 12/07/2007)
12/07/200714 SCHEDULING ORDER as to Henderson Amusement, Inc. Docket Call set for 12/10/2007 10:00 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Thomas Selby Ellis III.. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/07/2007)
12/07/200715 Standard Discovery Order in case as to Henderson Amusement, Inc... Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/07/2007)
12/07/2007  Minute Entry: Plea entered on 12/7/2007 by Henderson Amusement, Inc. (1) Guilty Count 1,4. for proceedings held before Judge Dennis Howell :Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: Thomas A. M. Boggs. (Court Reporter FTR) (emw) (Entered: 12/07/2007)
12/07/200716 NOTICE OF STATEMENT OF FACTS by Henderson Amusement, Inc. (emw) (Entered: 12/07/2007)
12/07/200717 ACCEPTANCE and entry of Guilty Plea as to Henderson Amusement, Inc. signed by Dennis Howell. (emw) (Entered: 12/07/2007)
12/07/200718 CERTIFICATE OF CORPORATE RESOLUTION of Henderson Amusement, Inc. by Henderson Amusement, Inc. (emw) (Entered: 12/07/2007)
12/07/200719 CONSENT ORDER AND JUDGMENT OF FORFEITURE as to Henderson Amusement, Inc.. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/07/2007)
12/07/2007  Minute Entry: Initial Appearance and Arraignment as to James Otis Henderson (2) Count 1,2,4 held on 12/7/2007 for proceedings held before Judge Dennis Howell :Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: Thomas A. M. Boggs. (Court Reporter FTR) (emw) (Entered: 12/07/2007)
12/07/200720 WAIVER OF INDICTMENT by James Otis Henderson (emw) (Entered: 12/07/2007)
12/07/200721 SCHEDULING ORDER as to James Otis Henderson Docket Call set for 12/10/2007 10:00 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Thomas Selby Ellis III.. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/07/2007)
12/07/200722 Standard Discovery Order in case as to James Otis Henderson.. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/07/2007)
12/07/2007  Minute Entry: Plea entered on 12/7/2007 by James Otis Henderson (2) Guilty Count 1,2,4. for proceedings held before Judge Dennis Howell :Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: Thomas A. M. Boggs. (Court Reporter FTR) (emw) (Entered: 12/07/2007)
12/07/200723 NOTICE OF STATEMENT OF FACTS by James Otis Henderson (emw) (Entered: 12/07/2007)
12/07/200724 ORDER CONCERNING FACTUAL BASIS as to James Otis Henderson. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/07/2007)
12/07/200725 ACCEPTANCE and entry of Guilty Plea as to James Otis Henderson signed by Dennis Howell. (emw) (Entered: 12/07/2007)
12/07/200726 CONSENT ORDER AND JUDGMENT OF FORFEITURE as to James Otis Henderson. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/07/2007)
12/07/2007  ORAL MOTION to Amend Order Setting Conditions of Release by James Otis Henderson. (emw) (Entered: 12/07/2007)
12/07/2007  Minute Entry: Bond Hearing as to James Otis Henderson held on 12/7/2007 for proceedings held before Judge Dennis Howell :Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: Thomas A. M. Boggs. (Court Reporter FTR) (emw) (Entered: 12/07/2007)
12/07/2007  ORAL ORDER denying [] ORAL Motion to Amend Order Setting Conditions of Release as to James Otis Henderson (2). Defendant released on same bond as filed in 1:07cr69-02. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/07/2007)
12/07/2007  Minute Entry: Initial Appearance and Arraignment as to Jeffrey Lee Childers (5) Count 1,2 held on 12/7/2007 for proceedings held before Judge Dennis Howell :Government attorney: Richard Edwards. Defendant attorney: David B. Freedman. (Court Reporter FTR) (emw) (Entered: 12/10/2007)
12/07/200727 WAIVER OF INDICTMENT by Jeffrey Lee Childers (emw) (Entered: 12/10/2007)
12/07/200728 SCHEDULING ORDER as to Jeffrey Lee Childers Docket Call set for 12/10/2007 10:00 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Thomas Selby Ellis III.. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/10/2007)
12/07/200729 Standard Discovery Order in case as to Jeffrey Lee Childers.. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/10/2007)
12/07/2007  Minute Entry: Plea entered on 12/7/2007 by Jeffrey Lee Childers (5) Guilty Count 1,2. for proceedings held before Judge Dennis Howell :Government attorney: Richard Edwards. Defendant attorney: David B. Freedman. (Court Reporter FTR) (emw) (Entered: 12/10/2007)
12/07/200730 NOTICE OF STATEMENT OF FACTS by Jeffrey Lee Childers (emw) (Entered: 12/10/2007)
12/07/200731 ORDER CONCERNING FACTUAL BASIS as to Jeffrey Lee Childers. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/10/2007)
12/07/200732 ACCEPTANCE and entry of Guilty Plea as to Jeffrey Lee Childers signed by Dennis Howell. (emw) (Entered: 12/10/2007)
12/07/200733 CONSENT ORDER AND JUDGMENT OF FORFEITURE as to Jeffrey Lee Childers. Signed by Judge Dennis Howell on 12/07/07. (emw) (Entered: 12/10/2007)
12/07/2007  Minute Entry: Bond Hearing as to Jeffrey Lee Childers held on 12/7/2007 for proceedings held before Judge Dennis Howell : Defendant released on same bond as filed in 1:07cr69-05.Government attorney: Richard Edwards. Defendant attorney: David B. Freedman. (Court Reporter FTR) (emw) (Entered: 12/10/2007)
12/11/2007  Minute Entry: Initial Appearance and Arraignment as to Barron Sloan Henderson (3) Count 1,4 held on 12/11/2007 for proceedings held before Judge Dennis Howell :Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: Joseph B. Cheshire, V. (Court Reporter FTR) (emw) (Entered: 12/11/2007)
12/11/200734 WAIVER OF INDICTMENT by Barron Sloan Henderson (emw) (Entered: 12/11/2007)
12/11/200735 SCHEDULING ORDER as to Barron Sloan Henderson Docket Call set for 1/7/2008 09:30 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Thomas Selby Ellis III.. Signed by Judge Dennis Howell on 12/11/07. (emw) (Entered: 12/11/2007)
12/11/200736 Standard Discovery Order in case as to Barron Sloan Henderson.. Signed by Judge Dennis Howell on 12/11/07. (emw) (Entered: 12/11/2007)
12/11/2007  Minute Entry: Plea entered on 12/11/2007 by Barron Sloan Henderson (3) Guilty Count 1,4. for proceedings held before Judge Dennis Howell :Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: Joseph B. Cheshire, V. (Court Reporter FTR) (emw) (Entered: 12/11/2007)
12/11/200737 NOTICE OF STATEMENT OF FACTS by Barron Sloan Henderson (emw) (Entered: 12/11/2007)
12/11/200738 ORDER CONCERNING FACTUAL BASIS as to Barron Sloan Henderson. Signed by Judge Dennis Howell on 12/11/07. (emw) (Entered: 12/11/2007)
12/11/200739 ACCEPTANCE and entry of Guilty Plea as to Barron Sloan Henderson signed by Dennis Howell. (emw) (Entered: 12/11/2007)
12/11/200740 CONSENT ORDER AND JUDGMENT OF FORFEITURE as to Barron Sloan Henderson. Signed by Judge Dennis Howell on 12/11/07. (emw) (Entered: 12/11/2007)
12/11/2007  Minute Entry: Bond Hearing as to Barron Sloan Henderson held on 12/11/2007 for proceedings held before Judge Dennis Howell : Defendant released on same bond as filed in 1:07cr69-03.Government attorney: Corey Ellis and Richard Edwards. Defendant attorney: Joseph B. Cheshire, V. (Court Reporter FTR) (emw) (Entered: 12/11/2007)
12/13/200741 ORDER Concerning Factual Basis as to Henderson Amusement, Inc.. Signed by Judge Dennis Howell on 12/12/07. (siw) (Entered: 12/13/2007)
12/17/200742  as to Jerry Pennington:, TRANSCRIPT of Proceedings as to Jerry Pennington held on 12/4/07 before Judge Dennis L. Howell. Court Reporter: FTR. (Miller, Karen) (Entered: 12/17/2007)
01/23/200843  MOTION for Forfeiture of Property Preliminary Order by USA as to Jerry Pennington. Responses due by 2/4/2008. (Ascik, Thomas) (Entered: 01/23/2008)
01/30/200844 PRELLIMINARY ORDER OF FORFEITUREgranting 43 Motion for Forfeiture of Property as to Jerry Pennington (4) Signed by Magistrate Judge Dennis Howell on 1/29/08. (pdf) (Entered: 01/30/2008)
01/31/2008  NOTICE OF HEARING as to Jeffrey Lee Childers: Sentencing set for 2/14/2008 09:30 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Thomas Selby Ellis III. This is your only notice - you will not receive a separate document.(siw) (Entered: 01/31/2008)
01/31/2008  NOTICE OF HEARING as to Henderson Amusement, Inc., James Otis Henderson, Barron Sloan Henderson, Jerry Pennington: Sentencing set for 2/13/2008 09:30 AM in Asheville Courtroom #1, 100 Otis St., Asheville, NC 28801 before Thomas Selby Ellis III. This is your only notice - you will not receive a separate document.(siw) (Entered: 01/31/2008)
02/01/200845 PRESENTENCE INVESTIGATION REPORT (Recommendation) (SEALED - Court) as to James Otis Henderson (Capps, Lyman) (Entered: 02/01/2008)
02/01/200846 PRESENTENCE INVESTIGATION REPORT (Final Report) (SEALED - government and defense counsel) as to James Otis Henderson. Schedule for Sentence on or after 2/13/2008 (Capps, Lyman) Modified on 2/6/2008 (com). (Entered: 02/01/2008)
02/01/200847 PRESENTENCE INVESTIGATION REPORT (Draft Report) (SEALED - government and defense counsel) as to Henderson Amusement, Inc. Objections to PSI due 2/18/08. (Capps, Lyman) Modified on 2/6/2008 (com). (Entered: 02/01/2008)
02/08/200848 Waiver/Consent to expedited PSI Report by James Otis Henderson (pdf) (Entered: 02/08/2008)
02/08/200849 Waiver/Consent to expedited PSI Report by Jeffrey Lee Childers (pdf) (Entered: 02/08/2008)
02/08/200850 PRESENTENCE INVESTIGATION REPORT (SEALED - government and defense counsel) as to Barron Sloan Henderson. (available to USA, Barron Sloan Henderson) (Attachments: # 1 objections)(Ensley, Laura) (Entered: 02/08/2008)
02/08/200851 PRESENTENCE INVESTIGATION REPORT (Recommendation) (SEALED - Court) as to Barron Sloan Henderson (Ensley, Laura) (Entered: 02/08/2008)
02/11/200852 TRANSCRIPT of Rule 11 Proceedings (Sealed - Court) as to James Otis Henderson held on 12/7/07 before Judge Dennis Howell. Court Reporter: Karen Miller. (Miller, Karen) (Entered: 02/11/2008)
02/11/200853 TRANSCRIPT of Rule 11 Proceedings (Sealed - Court) as to Barron Sloan Henderson held on 12/11/07 before Judge Dennis Howell. Court Reporter: Karen Miller. (Miller, Karen) (Entered: 02/11/2008)
02/11/200854 PRESENTENCE INVESTIGATION REPORT (Final Report) (SEALED - government and defense counsel) as to Jerry Pennington. (available to USA, Jerry Pennington) Schedule for Sentence on or after 3/25/2008 (Ensley, Laura) (Entered: 02/11/2008)
02/11/200855 PRESENTENCE INVESTIGATION REPORT (Recommendation) (SEALED - Court) as to Jerry Pennington (Ensley, Laura) (Entered: 02/11/2008)
02/12/200856 PRESENTENCE INVESTIGATION REPORT (Final Report) (SEALED - government and defense counsel) as to Jeffrey Lee Childers. (available to USA, Jeffrey Lee Childers) Schedule for Sentence on or after 3/20/2008 (naber, jeff) (Entered: 02/12/2008)
02/12/200857 PRESENTENCE INVESTIGATION REPORT (Recommendation) (SEALED - Court) as to Jeffrey Lee Childers (naber, jeff) (Entered: 02/12/2008)
02/13/200858 Waiver/Consent to expedited PSI Report by Barron Sloan Henderson (siw) (Entered: 02/13/2008)
02/13/2008  Minute Entry: Sentencing held on 2/13/2008. Party Jerry Pennington terminated. for proceedings held before Judge Thomas Selby Ellis, III:Government attorney: Corey Ellis. Defendant attorney: Steven Brackett. (Court Reporter Karen Miller) (pdf) (Entered: 02/13/2008)
02/13/2008  Minute Entry: Sentencing held on 2/13/2008. Party Henderson Amusement, Inc. terminated. for proceedings held before Judge Thomas Selby Ellis, III:Government attorney: Corey Ellis. Defendant attorney: Thomas Boggs. (Court Reporter Karen Miller) (pdf) (Entered: 02/13/2008)
02/13/2008  Minute Entry: Sentencing held on 2/13/2008. Party James Otis Henderson terminated. for proceedings held before Judge Thomas Selby Ellis, III:Government attorney: Richard Edwards. Defendant attorney: Thomas Boggs. (Court Reporter Karen Miller) (pdf) (Entered: 02/13/2008)
02/13/2008  Minute Entry: Sentencing held on 2/13/2008. Party Barron Sloan Henderson terminated. for proceedings held before Judge Thomas Selby Ellis, III:Government attorney: Richard Edwards, Corey Ellis. Defendant attorney: Joseph Cheshire V. (Court Reporter Karen Miller) (siw) (Entered: 02/13/2008)
02/14/2008  Minute Entry: Sentencing held on 2/14/2008. Party Jeffrey Lee Childers terminated. for proceedings held before Judge Thomas Selby Ellis, III:Government attorney: Corey Ellis. Defendant attorney: David Freedman. (Court Reporter Karen Miller) (pdf) (Entered: 02/14/2008)
02/15/200859 PRESENTENCE INVESTIGATION REPORT (Final Report) (SEALED - government and defense counsel) as to Henderson Amusement, Inc.. (available to Henderson Amusement, Inc., USA) Schedule for Sentence on or after 3/10/2008 (Capps, Lyman) (Entered: 02/15/2008)
02/15/200860 PRESENTENCE INVESTIGATION REPORT (Recommendation) (SEALED - Court) as to Henderson Amusement, Inc. (Capps, Lyman) (Entered: 02/15/2008)
02/15/200861 Waiver/Consent to expedited PSI Report by Henderson Amusement, Inc. (pdf) (Entered: 02/19/2008)
02/20/200862 JUDGMENT as to Barron Sloan Henderson (3), Count(s) 1, 4, 12 Months and 1 Day imprisonment, to run concurrently; 3 Years supervised release each count, to run concurrently; pay $200 Assessment. Signed by Thomas Selby Ellis, III on 2/19/08. (siw) (Entered: 02/20/2008)
02/20/200863 STATEMENT OF REASONS (Sealed - Court) re: 62 Judgment as to Barron Sloan Henderson. Signed by Thomas Selby Ellis, III on 2/19/08. (siw) (Entered: 02/20/2008)
02/20/2008  Attorney update in case as to Barron Sloan Henderson. Attorney Joseph B. Cheshire, V terminated. (siw) (Entered: 02/20/2008)
02/20/200864 JUDGMENT as to Henderson Amusement, Inc. (1), Count(s) 1, Probation for a term of 5 years as to counts 1 and 4 to run concurrently; $800.00 assessment; $10,000,000.00 forfeiture.; Count(s) 4, Probation for a term of 5 years as to counts 1 and 4 to run concurrently; $800.00 assessment; $10,000,000.00 forfeiture. Signed by Thomas Selby Ellis, III on 2/19/08. (pdf) (Entered: 02/20/2008)
02/20/200865 STATEMENT OF REASONS (Sealed - Court) re: 64 Judgment, as to Henderson Amusement, Inc.. Signed by Thomas Selby Ellis, III on 2/19/08. (pdf) (Entered: 02/20/2008)
02/20/200866 JUDGMENT as to James Otis Henderson (2), Count(s) 1, 2, 4, Imprisoned for a term of 60 months on Ct 1 and 72 months on Cts 2 and 4 to be served concurrently for a total term of imprisonment of 72 months; supervised release for a term of 3 years on each of Cts, 1, 2 and 4 to run concurrently; $300.00 assessment; $10,000,000.00 forfeiture.. Signed by Thomas Selby Ellis, III on 2/19/08. (pdf) (Entered: 02/20/2008)
02/20/200867 STATEMENT OF REASONS (Sealed - Court) re: 66 Judgment, as to James Otis Henderson. Signed by Thomas Selby Ellis, III on 2/19/07. (pdf) (Entered: 02/20/2008)
02/20/2008  Attorney update in case as to Henderson Amusement, Inc.. Attorney Thomas A.M. Boggs terminated. (pdf) (Entered: 02/20/2008)
02/20/2008  Attorney update in case as to James Otis Henderson. Attorney Thomas A.M. Boggs terminated. (pdf) (Entered: 02/20/2008)
02/20/200868 JUDGMENT as to Jerry Pennington (4), Count(s) 1, 3, Imprisoned for a term of 60 months on Ct 1 and 63 months on Cts 3 and 4 for a total term of 63 months, all counts to be served concurrently; supervised release for a term of 3 years on each of Cts 1, 3 and 4 to run concurrently; $300 assessment.; Count(s) 4, Imprisoned for a term of 60 months on Ct 1 and 63 months on Cts 3 and 4 for a total term of 63 months, all counts to be served concurrently; supervised release for a term of 3 years on each of Cts 1, 3 and 4 to run concurrently; $300 assessment.. Signed by Thomas Selby Ellis, III on 2/19/08. (pdf) (Entered: 02/21/2008)
02/20/200869 STATEMENT OF REASONS (Sealed - Court) re: 68 Judgment,, as to Jerry Pennington. Signed by Thomas Selby Ellis, III on 2/19/08. (pdf) (Entered: 02/21/2008)
02/20/200870 JUDGMENT as to Jeffrey Lee Childers (5), Count(s) 1, 2, Imprisoned 41 months; supervised release 3 years and pay $200 assessment and $20,000 fine. Signed by Thomas Selby Ellis, III on 2/19/08. (jhg) (Entered: 02/21/2008)
02/20/200871 STATEMENT OF REASONS (Sealed - Court) re: 70 Judgment as to Jeffrey Lee Childers. Signed by Thomas Selby Ellis, III on 2/19/08. (jhg) (Entered: 02/21/2008)
02/20/2008  Attorney update in case as to Jeffrey Lee Childers. Attorney David B. Freedman terminated. (jhg) (Entered: 02/21/2008)
02/21/2008  Attorney update in case as to Jerry Pennington. Attorney J. Steven Brackett terminated. (pdf) (Entered: 02/21/2008)
03/04/200872 TRANSCRIPT of RULE 11 Proceedings (Sealed - Court) as to Jerry Pennington held on 12-04-07 before Judge Dennis Howell. Court Reporter: Karen Miller. (Miller, Karen) (Entered: 03/04/2008)
03/04/200873 USMS Return of Service re 19 Consent Order and Judgment (pdf) (Entered: 03/07/2008)
03/14/200874 TRANSCRIPT of Proceedings (Sealed - Court) as to Jeffrey Lee Childers held on 12/07/07 before Judge Howell. Court Reporter: Andersen. (Andersen, Laura) (Entered: 03/14/2008)
03/18/200875 USMS Return of Service as to Public Notice re Henderson Amusement (pdf) (Entered: 03/19/2008)
03/18/200879 USMS Return of Service as to Henderson Amusement (pdf) (Entered: 03/24/2008)
03/19/200876 TRANSCRIPT of SENTENCING Proceedings (Sealed - Court) as to James Otis Henderson held on 2/13/08 before Judge Thomas Selby Ellis, III. Court Reporter: Karen Miller. (Miller, Karen) (Entered: 03/19/2008)
03/19/200877 TRANSCRIPT of SENTENCING Proceedings (Sealed - Court) as to Barron Sloan Henderson held on 2/13/08 before Judge Thomas Selby Ellis, III. Court Reporter: Karen Miller. (Miller, Karen) (Entered: 03/19/2008)
03/20/200878 TRANSCRIPT of SENTENCING Proceedings (Sealed - Court) as to Jeffrey Lee Childers held on 2-14-08 before Judge Thomas Selby Ellis, III. Court Reporter: Karen Miller. (Miller, Karen) (Entered: 03/20/2008)
03/24/200881 USMS Return of Service as to Jeffrey Childers by USA - (pdf) (Entered: 03/27/2008)
03/26/200880  Return of Service by Public Notice (jhg) (Entered: 03/26/2008)
03/29/200882 TRANSCRIPT of SENTENCING Proceedings (Sealed - Court) as to Jerry Pennington held on 2/13/08 before Judge Thomas Selby Ellis, III. Court Reporter: Karen Miller. (Miller, Karen) (Entered: 03/29/2008)
04/11/200883 TRANSCRIPT of SENTENCING HEARING as to Henderson Amusement, Inc. held on 2/13/08 before Judge T. Selby Ellis, III. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 7/10/2008. (Reporter: Karen Miller, 828-771-7217) (Entered: 04/11/2008)
04/21/200884  MOTION for Extension of Time to Report to BOP by Jeffrey Lee Childers. (Freedman, David) Modified on 4/21/2008 (ejb). (Entered: 04/21/2008)
04/21/200885 ORDER granting 84 Motion for Extension of Time to Report to BOP as to Jeffrey Lee Childers (5) Signed by Thomas Selby Ellis, III on 4/21/08. (jhg) (Entered: 04/21/2008)
04/23/200886  MOTION for Extension of Time to Report to BOP by Barron Sloan Henderson as to Barron Sloan Henderson. (Attachments: # 1 Proposed Order)(Cheshire, Joseph) Modified on 4/25/08 by removing other named co-defts from the text, motion pertains only to Barron Sloan Henderson (ejb). (Entered: 04/23/2008)
04/23/200887 ORDER granting 86 Motion for Extension of Time to Report to BOP as to Barron Sloan Henderson (3) Signed by Thomas Selby Ellis, III on 4/23/08. (pdf) (Entered: 04/23/2008)
04/25/200888 First MOTION for Extension of Time to Report to BOP by Jerry Pennington. (Brackett, J.) (Entered: 04/25/2008)
04/25/200889 ORDER granting 88 Motion for Extension of Time to Report to BOP as to Jerry Pennington (4) Signed by Thomas Selby Ellis, III on 4/25/08. (pdf) (Entered: 04/25/2008)
07/29/200890  MOTION for Forfeiture of Property Final Order of Forfeiture by USA as to Jerry Pennington. Responses due by 8/11/2008. (Ascik, Thomas) (Entered: 07/29/2008)
08/06/200891 FINAL ORDER DIRECTING FORFEITURE OF PROPERTY as to Jerry Pennington.. Signed by Thomas Selby Ellis, III on 8/6/08. (pdf) (Entered: 08/06/2008)
08/12/200892 Order modifying conditions of Release in case as to Jeffrey Lee Childers.. Signed by Magistrate Judge Dennis Howell on 8/12/08. (pdf) (Entered: 08/12/2008)
08/19/200893  MOTION for Disclosure filed by USA; (available to: USA, Barron Sloan Henderson) (Edwards, Richard) Modified on 8/27/2008 (pdf). (Entered: 08/19/2008)
08/19/200894 SEALED MOTION (Sealed - Attorney) to Seal filed by USA; (available to: USA, Barron Sloan Henderson) (Edwards, Richard) (Entered: 08/19/2008)
08/21/200895 ORDER (Sealed - Attorney) granting 93 Sealed Motion (available to: USA, Barron Sloan Henderson) as to Barron Sloan Henderson (3); (Sealed - Attorney) granting 94 Sealed Motion (available to: USA, Barron Sloan Henderson) as to Barron Sloan Henderson (3) Signed by Thomas Selby Ellis, III on 8/20/08. (pdf) (Entered: 08/21/2008)
08/27/2008  Minute Entry: MOTION HEARING as to Barron Sloan Henderson held before Thomas Selby Ellis, III. Re 93 SEALED MOTION (Sealed - Attorney) for Disclosure filed by USA - allowed; (available to: USA, Barron Sloan Henderson)., INITIAL APPEARANCE as to Barron Sloan Henderson held before Thomas Selby Ellis, III. Defendant advised of rights & charges. Defendant retained counsel. Government moves for detention. Defendant detained. Government attorney: Richard Edwards. Defendant attorney: Joe Cheshire. Court Reporter Karen Miller. (pdf) (Entered: 08/27/2008)
08/27/2008  ORAL ORDER granting as to Barron Sloan Henderson re 93 SEALED MOTION (Sealed - Attorney) for Disclosure filed by USA; (available to: USA, Barron Sloan Henderson). Signed by Thomas Selby Ellis, III on 8/27/08. (pdf) (Entered: 08/27/2008)
08/27/2008  ORAL ORDER granting as to Barron Sloan Henderson re 96 Order on Violation Report - Summons. Signed by Thomas Selby Ellis, III on 8/27/08. (pdf) (Entered: 08/27/2008)
08/27/200898 Summons Returned Executed (Sealed - Court) on 8/25/08 as to Barron Sloan Henderson (jhg) (Entered: 08/29/2008)
08/27/200899 USMS Return of Service of $7,633.70 deposited 8/26/08 (jhg) (Entered: 08/29/2008)
08/27/2008  Terminate Deadlines and Hearings as to Barron Sloan Henderson re: Revocation Hrg (ejb) (Entered: 09/11/2008)
10/01/2008100 SEALED MOTION (Sealed - Attorney) To Reduce Sentence filed by USA; (available to: USA, Jerry Pennington) (Edwards, Richard) (Entered: 10/01/2008)
10/01/2008101 SEALED MOTION (Sealed - Attorney) To Reduce Sentence filed by USA; (available to: USA, Jeffrey Lee Childers) (Edwards, Richard) (Entered: 10/01/2008)
10/03/2008  NOTICE OF HEARING ON MOTION in case as to Jerry Pennington 100 SEALED MOTION (Sealed - Attorney) To Reduce Sentence filed by USA; (available to: USA, Jerry Pennington) : Motion Hearing set for 10/8/2008 09:30 AM in Courtroom 1, 100 Otis St., Asheville, NC 28801 before Thomas Selby Ellis III. This is your only notice - you will not receive a separate document.(siw) (Entered: 10/03/2008)
10/03/2008  NOTICE OF HEARING ON MOTION in case as to Jeffrey Lee Childers 101 SEALED MOTION (Sealed - Attorney) To Reduce Sentence filed by USA; (available to: USA, Jeffrey Lee Childers) : Motion Hearing set for 10/8/2008 09:30 AM in Courtroom 1, 100 Otis St., Asheville, NC 28801 before Thomas Selby Ellis III. This is your only notice - you will not receive a separate document.(siw) (Entered: 10/03/2008)
10/06/2008102 ORDER that the report date stay is lifted as to James Otis Henderson. Signed by Thomas Selby Ellis, III on 10/6/08. (pdf) (Entered: 10/06/2008)
10/08/2008  Minute Entry: MOTION HEARING as to Jerry Pennington held before Thomas Selby Ellis, III. Re 100 SEALED MOTION (Sealed - Attorney) To Reduce Sentence filed by USA; (available to: USA, Jerry Pennington). Government attorney: Richard Edwards, Corey Ellis. Defendant attorney: Steven Brackett. Court Reporter Karen Miller. (pdf) (Entered: 10/08/2008)
10/08/2008  ORAL ORDER granting as to Jerry Pennington re 100 SEALED MOTION (Sealed - Attorney) To Reduce Sentence filed by USA; (available to: USA, Jerry Pennington). Signed by Thomas Selby Ellis, III on 10/8/08. (pdf) (Entered: 10/08/2008)
10/08/2008103 ORDER that the government's Oral Motion to Stay Reporting Date for Incarceration is STAYED to and inclusive of 1/10/2009 as to Jerry Pennington. Signed by Thomas Selby Ellis, III on 10/6/08. (pdf) (Entered: 10/08/2008)
10/08/2008104 ORDER AMENDING JUDGMENT as to Jerry Pennington re 68 Judgment, sentence as to incarceration is reduced to sixty-three (63) months with all other terms of the sentence remaining in full force and effect,. Signed by Thomas Selby Ellis, III on 10/8/08. (pdf) (Entered: 10/08/2008)
10/08/2008  Minute Entry: MOTION HEARING as to Jeffrey Lee Childers held before Thomas Selby Ellis, III. Re 101 SEALED MOTION (Sealed - Attorney) To Reduce Sentence filed by USA; (available to: USA, Jeffrey Lee Childers). Government attorney: Richard Edwards, Corey Ellis. Defendant attorney: David Freedman. Court Reporter Karen Miller. (siw) (Entered: 10/08/2008)
10/08/2008  ORAL ORDER as to Jeffrey Lee Childers re 101 SEALED MOTION (Sealed - Attorney) To Reduce Sentence filed by USA; (available to: USA, Jeffrey Lee Childers) granted. Signed by Thomas Selby Ellis, III on 10/8/08. (siw) (Entered: 10/08/2008)
10/08/2008105 ORDER as to Jeffrey Lee Childers re 70 Judgment, imprisonment reduced from 41 months to 15 months with all other terms of the sentence remaining in full force and effect, and voluntary surrender, with additional condition of supervised release of 25 hours of community service. Signed by Thomas Selby Ellis, III on 10/8/08. (siw) (Entered: 10/08/2008)
10/08/2008106 ORDER as to Jeffrey Lee Childers, the stay is lifted; defendant shall report for service of his sentence as directed by BOP or USM. Signed by Thomas Selby Ellis, III on 10/8/08. (siw) (Entered: 10/08/2008)
10/20/2008107 CORRECTED ORDER as to Jeffrey Lee Childers re 70 Judgment, imprisonment reduced from 41 months to 15 months with all other terms of the sentence remaining in full force and effect, and voluntary surrender, with additional condition of supervised release of 25 hours of community service. ***This Order is correcting case number reflected on 105 Order***. Signed by Thomas Selby Ellis, III on 10/8/08. (ejb) (Entered: 10/20/2008)
10/27/2008108 NOTICE Response to Motion to Delay Reporting by USA as to James Otis Henderson (Ellis, Corey) (Entered: 10/27/2008)
10/27/2008  NOTICE of ECF Filing Error re: 108 Notice (Other) filed by USA Filer used the wrong event. Filer should have used Responses, Replies and Memorandums / Response to Motion, and then linked it to the motion filer was responding to. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY. (ejb) (Entered: 11/04/2008)
10/29/2008109 ORDER that deft's motion to delay reporting date is granted in part and denied in part. Specifically, the motion is granted insofar as deft's reporting date in this matter is delayed until 12/1/2008. The motion is denied insofar as deft requests a longer delay in his reporting date. IT IS FURTHER ORDERED that the clerk's office is directed to docket a copy of deft's motion in the instant matter for purposes of clarifying the record as to James Otis Henderson. Signed by Thomas Selby Ellis, III on 10/29/08. (pdf) (Entered: 10/29/2008)
10/29/2008110  MOTION for Extension of Time to Report to BOP by James Otis Henderson. (pdf) (Entered: 10/29/2008)
10/30/2008111  MOTION for Bond by James Otis Henderson. Responses due by 11/13/2008. (Boggs, Thomas) (Entered: 10/30/2008)
10/30/2008112 BOND RELEASE ORDER as to James Otis Henderson. Signed by Thomas Selby Ellis, III on 10-30-08. (jhg) Modified on 11/26/2008 by correcting file date to 10/30/08 (jhg). (Entered: 10/31/2008)
11/21/2008113  MOTION for Extension of Time to Report to BOP by James Otis Henderson. (Boggs, Thomas) (Entered: 11/21/2008)
11/24/2008114 RESPONSE to Motion by USA as to James Otis Henderson re 113 MOTION for Extension of Time to Report to BOP (Edwards, Richard) (Entered: 11/24/2008)
11/25/2008115 ORDER granting in part and denying in part 113 Motion for Extension of Time to Report to BOP as to James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 11/25/08. (ejb) (Entered: 11/25/2008)
12/03/2008116 USMS Return of Service re Payment of $27,666.13 - see "REMARKS:" for details. (ejb) (Entered: 12/05/2008)
12/19/2008117 NOTICE OF ATTORNEY APPEARANCE Thomas R Ascik appearing for USA. (Ascik, Thomas) (Entered: 12/19/2008)
01/12/2009118 USMS Return of Service of Payment re $42,768.00 (Attachments: # 1 Sealed Settlement Statement)(ejb) Modified on 1/14/2009 (attachment #1 available to Barron Sloan Henderson, USA only)(ejb). (Entered: 01/14/2009)
01/12/2009119 USMS Return of Service of Payment re $19,885.95 (Attachments: # 1 Sealed Settlement Statement) (attachment #1 available to Barron Sloan Henderson, USA only) (ejb) Modified on 1/14/2009 (ejb). (Entered: 01/14/2009)
01/12/2009120 USMS Return of Service of Payment re $26,523.19 (Attachments: # 1 Sealed Settlement Statement) (attachment #1 available to Barron Sloan Henderson, USA only) (ejb) Modified on 1/14/2009 (ejb). (Entered: 01/14/2009)
01/12/2009121 USMS Return of Service of Payment re $366,429.38 (Attachments: # 1 Sealed Settlement Statement) (attachment #1 available to Barron Sloan Henderson, USA only) (ejb) Modified on 1/14/2009 (ejb). (Entered: 01/14/2009)
01/12/2009122 USMS Return of Service of Payment re $17,453.92 (Attachments: # 1 Sealed Settlement Statement) (attachment #1 available to Barron Sloan Henderson, USA only) (ejb) Modified on 1/14/2009 (ejb). (Entered: 01/14/2009)
01/12/2009123 USMS Return of Service of Substitute Property re $155,122.53 (Attachments: # 1 Sealed Settlement Statement) (attachment #1 available to Henderson Amusement Inc, USA only)(ejb) Modified on 1/14/2009 (ejb). (Entered: 01/14/2009)
01/12/2009124 USMS Return of Service of Payment re $13,500.00 (Attachments: # 1 Sealed Letter and Purchase & Sales Agreement) (attachment #1 available to James Otis Henderson, USA only) (ejb) Modified on 1/14/2009 (ejb). (Entered: 01/14/2009)
01/12/2009125 USMS Return of Service of Payment re $4,350.00 (Attachments: # 1 Sealed Letter and Purchase & Sales Agreement) (attachment #1 available to James Otis Henderson, USA only) (ejb) Modified on 1/14/2009 (ejb). (Entered: 01/14/2009)
01/23/2009126 USMS Return of Service of Payment re $93,266.03 (Attachments: # 1 Sealed Settlement Statement) (attachment #1 available to James Otis Henderson, USA only) (ejb) Modified on 1/27/2009 (ejb). (Entered: 01/27/2009)
01/23/2009127 USMS Return of Service of Payment re $45,924.65 (Attachments: # 1 Sealed Settlement Statement) (attachment #1 available to James Otis Henderson, Barron Sloan Henderson, USA only) (ejb) Modified on 1/27/2009 (ejb). (Entered: 01/27/2009)
02/05/2009129 USMS Return of Service of Payment re $37,107.31 (Attachments: # 1 Sealed Settlement Statement) (attachment #1 available to James Otis Henderson, USA only)(ejb) Modified on 2/10/2009 (ejb). (Entered: 02/10/2009)
02/05/2009130 USMS Return of Service of Payment of $49,055.00 Attachments: # 1 Sealed Settlement Statement) (attachment #1 available to James Otis Henderson, USA only)(ejb) Modified on 2/10/2009 (ejb). (Entered: 02/10/2009)
02/05/2009131 USMS Return of Service of Payment of $26,710.39 (Attachments: # 1 Sealed Settlement Statement)(attachment #1 available to James Otis Henderson, USA only) (ejb) Modified on 2/10/2009 (ejb). (Entered: 02/10/2009)
02/09/2009128 USMS Return of Service re 91 Final Order for Forfeiture of Property as to Jerry Pennington (ejb) (Entered: 02/10/2009)
02/11/2009132 USMS Return of Service re 91 Order for Forfeiture of Property as to Jerry Pennington and $7,633.70 US Currency seized (ejb) (Entered: 02/12/2009)
02/13/2009133  MOTION to Reduce Sentence by USA as to James Otis Henderson. Responses due by 3/2/2009. (Edwards, Richard) (Entered: 02/13/2009)
02/13/2009134  MOTION to Reduce Sentence by USA as to Jerry Pennington. Responses due by 3/2/2009. (Edwards, Richard) (Entered: 02/13/2009)
03/05/2009135 Supplemental MOTION for Forfeiture of Property by USA as to Henderson Amusement, Inc., James Otis Henderson, Barron Sloan Henderson. Responses due by 3/19/2009. (Ascik, Thomas) (Entered: 03/05/2009)
03/06/2009136 PRELIMINARY ORDER OF FORFEITURE and AMENDMENT OF MONEY JUDGMENT granting 135 Motion for Forfeiture of Property as to Henderson Amusement, Inc. (1), James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 3/5/09. (ejb) Modified on 3/6/2009 - Order pertains only to Henderson Amusement, Inc. (1), James Otis Henderson (2) - removed Barron Sloan Henderson's name (ejb). Regenerated NEF. (Entered: 03/06/2009)
03/13/2009137 USMS Return of Service of Payment of $47,939.92 (Attachments: # 1 Sealed Settlement Statement)(attachment #1 available to James Otis Henderson, USA only) (ejb) Modified on 3/18/2009 (ejb). (Entered: 03/18/2009)
03/13/2009138 USMS Return of Service of Payment of $3,500.00 (Attachments: # 1 Sealed Agreement to Sell Personal Property) (attachment #1 available to James Otis Henderson, USA only) (ejb) Modified on 3/18/2009 (ejb). (Entered: 03/18/2009)
03/13/2009139 USMS Return of Service of Payment of $2,500.00 (Attachments: # 1 Sealed Agreement to Sell Personal Property) (attachment #1 available to James Otis Henderson, USA only) (ejb) Modified on 3/18/2009 (ejb). (Entered: 03/18/2009)
03/25/2009140 Joint MOTION for Forfeiture of Property Re: Subsitute Property by Henderson Amusement, Inc., USA, James Otis Henderson as to Henderson Amusement, Inc., James Otis Henderson, Rsponses due by 4/6/2009. (Ascik, Thomas) Modified on 3/26/2009 by removing names of other named co-defts - this motion only pertains to defts Henderson Amusement, Inc. & James Otis Henderson (ejb). Regenerated NEF (Entered: 03/25/2009)
03/25/2009141 SECOND PRELIMINARY ORDER OF FORFEITURE and AMENDMENT OF MONEY JUDGMENT granting 140 Motion for Forfeiture of Property as to Henderson Amusement, Inc. (1), James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 3/25/09. (ejb) (Entered: 03/26/2009)
04/06/2009142 Third MOTION for Forfeiture of Property Substitute Property by USA as to James Otis Henderson. Responses due by 4/20/2009. (Attachments: # 1 Exhibit Tax value, 570 Lawson Fork, # 2 Exhibit Office of Tax Assessor, Lot 22, Laurens County, # 3 Exhibit Deed, Lot 22, # 4 Exhibit Deed of Trust, Lot 22 and 570 Lawson Fork, # 5 Exhibit Deed, 570 Lawson Fork, # 6 Exhibit Deed, 580 Lawson Fork, # 7 Exhibit Office of Tax Assessor, 580 Lawson Fork)(Ascik, Thomas) (Entered: 04/06/2009)
04/07/2009143 THIRD PRELIMINARY ORDER OF FORFEITURE BY SUBSTITUTION OF PROPERTY granting 142 Motion for Forfeiture of Property as to James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 4/7/09. (ejb) Modified on 4/8/2009 by changing filed dated of document to correct date of 4/7/09 (ejb). Regenerated NEF (Entered: 04/08/2009)
04/09/2009144 USMS Return of Service of Payment of $1,250.00 (Attachments: # 1 Sealed Agreement to Sell Personal Property)(attachment #1 available to James Otis Henderson, USA only) (ejb) Modified on 4/10/2009 (ejb). (Entered: 04/10/2009)
04/22/2009145 USMS Return of Service of Payment of $500.00 as to James Otis Henderson - see REMARKS (ejb) (Entered: 04/27/2009)
04/22/2009146 USMS Return of Service of Payment of $1,750.00 as to James Otis Henderson - see REMARKS 9ejb) (Entered: 04/27/2009)
05/11/2009147 CLAIM(PETITION) by Janet Leigh Henderson as to James Otis Henderson re: 143 Order on Motion for Forfeiture of Property, (ejb) Modified on 5/14/2009 by adding "(PETITION)" to the text (ejb). (Entered: 05/12/2009)
05/14/2009148 ORDER as to James Otis Henderson re 147 Claim(Petition) filed by Janet Leigh Henderson: Gov. DIRECTED to file a response to the instant petition by 5:00 p.m., Thursday, May 28, 2009. Signed by Thomas Selby Ellis, III on 5/14/09. (ejb) (Entered: 05/14/2009)
05/15/2009149  MOTION for Discovery Re: Third Party Petition by Janet Henderson Concerning Forfeiture by USA as to James Otis Henderson. Responses due by 6/1/2009. (Ascik, Thomas) (Entered: 05/15/2009)
05/15/2009150  AMENDED MOTION for Discovery. Amending 149 MOTION for Discovery Re: Third Party Petition by Janet Henderson Concerning Forfeiture filed by USA re: waiver of 30 day requirement by USA as to James Otis Henderson. Responses due by 6/1/2009. (Ascik, Thomas) Modified on 5/15/2009 (ejb). NEF Regenerated (Entered: 05/15/2009)
05/18/2009151 DISCOVERY ORDER granting 150 Amended Motion for Discovery as to James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 5/15/09. (ejb) (Entered: 05/18/2009)
05/18/2009152 Service/Declaration of Publication by USA as to James Otis Henderson (Attachments: # 1 Exhibit A)(Ascik, Thomas) (Entered: 05/18/2009)
05/18/2009153 Service/Declaration of Publication by USA as to James Otis Henderson (Attachments: # 1 Exhibit A)(Ascik, Thomas) (Entered: 05/18/2009)
05/22/2009154 Service/Declaration of Publication by USA as to James Otis Henderson (Attachments: # 1 Exhibit A)(Ascik, Thomas) (Entered: 05/22/2009)
06/22/2009155  USA and Lienholder Settlement Agreement by USA as to Jeffrey Lee Childers (Ascik, Thomas) (Entered: 06/22/2009)
06/24/2009156 Fourth MOTION for Forfeiture of Property Re: Substitution of Property by USA as to Henderson Amusement, Inc., James Otis Henderson, Barron Sloan Henderson. Responses due by 7/9/2009. (Attachments: # 1 Exhibit A)(ejb) Modified on 6/24/2009 to correct typographical error (ejb). Regenerated NEF. ***Modified again on 6/24/2009 to un-restrict access to this document - previously restricted access was done in error*** (ejb). Regenerated NEF (Entered: 06/24/2009)
06/24/2009157 MOTION to Seal Exhibit B to 156 Fourth Motion for Forfeiture of Property Re: Substitution of Property, by USA as to Henderson Amusement, Inc., James Otis Henderson, Barron Sloan Henderson. Responses due by 7/9/2009. (ejb) (Entered: 06/24/2009)
06/24/2009158 SEALED DOCUMENT (Sealed - Attorney): Exhibit B re 157 MOTION to Seal Document(Exhibit B) of 156 Fourth MOTION for Forfeiture of Property by USA; (available to: Henderson Amusement, Inc., USA, James Otis Henderson, Barron Sloan Henderson) (ejb) (Additional attachment(s) added on 6/24/2009: # 1 Main Document - added correct PDF and deleted incorrect PDF) (ejb). Modified on 6/24/2009 - Regenerated NEF (ejb). (Entered: 06/24/2009)
06/25/2009159 MOTION to Withdraw as Attorney by Joseph Cheshire V. by Barron Sloan Henderson. (Attachments: # 1 Proposed Order)(Cheshire, Joseph) Modified on 7/7/2009 - motion pertains to Barron Sloan Henderson, only, deleted co-defts' names from text and terminated pending motion in their cases (ejb). Regenerated NEF. (Entered: 06/25/2009)
06/26/2009160 ORDER granting 157 Motion to Seal Document as to Henderson Amusement, Inc. (1), James Otis Henderson (2), Barron Sloan Henderson (3) Signed by Thomas Selby Ellis, III on 6/25/09. (pdf) (Entered: 06/26/2009)
06/26/2009161 ORDER granting 156 Fourth Preliminary Motion for Forfeiture of Property as to Henderson Amusement, Inc. (1), James Otis Henderson (2), Barron Sloan Henderson (3) Signed by Thomas Selby Ellis, III on 6/25/09. (pdf) (Entered: 06/26/2009)
06/29/2009162 ORDER that defendants Motion to Withdraw (#159) is CALENDARED for hearing at the same time as the Motion to Withdraw as to Barron Sloan Henderson in 1:08cr115-1.. Signed by Magistrate Judge Dennis Howell on 6/29/09. (siw) (Entered: 06/30/2009)
06/30/2009  NOTICE OF HEARING ON MOTION in case as to Barron Sloan Henderson 159 MOTION to Withdraw as Attorney by Joseph Cheshire V. : Motion Hearing set for 7/2/2009 09:00 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell. This is your only notice - you will not receive a separate document.(siw) (Entered: 06/30/2009)
07/02/2009  Minute Entry: MOTION HEARING as to Barron Sloan Henderson held before Magistrate Judge Dennis Howell. Re 159 MOTION to Withdraw as Attorney by Joseph Cheshire V.. Government attorney: Corey Ellis. Defendant attorney: Joseph B. Cheshire. Court Reporter FTR. (emw) (Entered: 07/02/2009)
07/02/2009  ORAL ORDER GRANTING re 159 MOTION to Withdraw as Attorney by Joseph Cheshire V. as to Barron Sloan Henderson. Signed by Magistrate Judge Dennis Howell on 07/02/09. (emw) (Entered: 07/02/2009)
07/02/2009163 CJA 23 (Ex Parte) Financial Affidavit by Barron Sloan Henderson (emw) (Entered: 07/02/2009)
07/02/2009  ORAL ORDER as to Barron Sloan Henderson granting Oral Motion to Appoint Counsel. Signed by Magistrate Judge Dennis Howell on 07/02/09. (emw) (Entered: 07/02/2009)
07/02/2009  Attorney update in case as to Barron Sloan Henderson. Attorney Joseph B. Cheshire, V terminated. (emw) (Entered: 07/02/2009)
07/02/2009164 ORDER as to Barron Sloan Henderson re 159 MOTION to Withdraw as Attorney by Joseph Cheshire V., Oral Order, Oral Order Appointing Counsel, Amos Tyndall. Follows oral order of 7/2/09.. Signed by Magistrate Judge Dennis Howell on 7/2/09. (siw) (Entered: 07/02/2009)
07/02/2009  Attorney update in case as to Barron Sloan Henderson. Attorney Amos Granger Tyndall for Barron Sloan Henderson added. (siw) (Entered: 07/02/2009)
07/07/2009165  MOTION for Disclosure of Financial Affidavit by USA as to Barron Sloan Henderson. Responses due by 7/20/2009. (Ascik, Thomas) (Entered: 07/07/2009)
07/20/2009166 RESPONSE in Opposition by Barron Sloan Henderson re 165 MOTION for Disclosure of Financial Affidavit (Tyndall, Amos) (Entered: 07/20/2009)
07/20/2009167 ORDER denying without prejudice 165 Motion for Disclosure of Financial Affidavit as to Barron Sloan Henderson (3) Signed by Magistrate Judge Dennis Howell on 7/20/09. (ejb) (Entered: 07/20/2009)
08/03/2009168  MOTION for Forfeiture of Property / First Final Order of Forfeiture by USA as to Henderson Amusement, Inc., James Otis Henderson. Responses due by 8/17/2009. (Attachments: # 1 Proposed Order First Final Order of Forfeiture)(Ascik, Thomas) (Entered: 08/03/2009)
08/03/2009169  MOTION for Forfeiture of Property / Second Final Order of Forfeiture by USA as to Henderson Amusement, Inc., James Otis Henderson. Responses due by 8/17/2009. (Attachments: # 1 Proposed Order Second Final Order of Forfeiture)(Ascik, Thomas) (Entered: 08/03/2009)
08/03/2009170 FIRST FINAL ORDER OF FORFEITURE granting 168 Motion for Forfeiture of Property as to Henderson Amusement, Inc. (1), James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 8/3/09. (ejb) (Entered: 08/03/2009)
08/03/2009171 SECOND FINAL ORDER OF FORFEITURE granting 169 Motion for Forfeiture of Property as to Henderson Amusement, Inc. (1), James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 8/3/09. (ejb) (Entered: 08/03/2009)
08/12/2009172 CLAIM/PETITION re priority interest in certain property forfeited to USA as to James Otis Henderson, by First Citizens National Bank & Trust Company. (Attachments: # 1 Cover Letter)(ejb) (Entered: 08/12/2009)
08/12/2009  Notice to William A. Coates: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 8/24/2009. (ejb) (Entered: 08/12/2009)
08/24/2009  Notice to William A. Coates: Pursuant to Local Rule 83.1 you are required to File a motion pro hac vice. Deadline by 9/8/2009. (nll) (Entered: 08/24/2009)
08/27/2009173  MOTION to Dismiss Petition of Janet Leigh Henderson by USA as to James Otis Henderson. Responses due by 9/11/2009. (Attachments: # 1 Exhibit Discovery Answers, # 2 Exhibit Lot 22 Deed - Dec. 5, 2007)(Ascik, Thomas) (Entered: 08/27/2009)
09/03/2009174 MOTION for Leave to Appear Pro Hac Vice as to William A. Coates Filing fee $ 250, receipt number 04190000000000880038.by First Citizens National Bank & Trust Company as to James Otis Henderson. (Rippon, Michelle) (Entered: 09/03/2009)
09/03/2009175 Joint MOTION to Continue Hearing on Petition by USA as to James Otis Henderson. Responses due by 9/18/2009. (Ascik, Thomas) (Entered: 09/03/2009)
09/03/2009  Attorney update in case as to James Otis Henderson. Attorney Michelle Rippon added for First Citizens National Bank & Trust Company. (ejb) (Entered: 09/22/2009)
09/15/2009176 Second MOTION for Forfeiture of Property Preliminary Order, Substituting Vehicles for Money Judgment by USA as to Jerry Pennington. Responses due by 9/28/2009. (Ascik, Thomas) (Entered: 09/15/2009)
09/16/2009177 SECOND PRELIMINARY ORDER of Forfeiture Substituting Property for Portion of Money Judgment as to Jerry Pennington (4) Signed by Thomas Selby Ellis, III on 9/15/09. (ejb) (Entered: 09/16/2009)
09/18/2009178  MOTION for Forfeiture of Property Motion for Order on Previously Filed Motion to Dismiss Petition of Janet Leigh Henderson by USA as to James Otis Henderson. Responses due by 10/2/2009. (Ascik, Thomas) (Entered: 09/18/2009)
09/18/2009179 ORDER granting 175 Motion to Continue hearing on Petitioner's Petition, Document 172 as to James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 9/18/09. (pdf) (Entered: 09/18/2009)
09/21/2009180 ORDER granting 173 Motion to Dismiss the Petition of Janet Leigh Henderson as to James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 9/18/09. (pdf) (Entered: 09/21/2009)
09/22/2009  Case as to Henderson Amusement, Inc., James Otis Henderson, Barron Sloan Henderson, Jerry Pennington, Jeffrey Lee Childers Referred to Magistrate Judge Dennis Howell. Motions referred: 178 Motion for Order on Previously Filed Motion to Dismiss Petition of Janet Leigh Henderson, 174 MOTION for Leave to Appear Pro Hac Vice as to William A. Coates Filing fee $ 250, receipt number 04190000000000880038. (ejb) (Entered: 09/22/2009)
09/22/2009181 ORDER granting 174 Motion for Leave to Appear Pro Hac Vice added William A. Coates for First Citizens National Bank & Trust Company as to James Otis Henderson (2) Signed by Magistrate Judge Dennis Howell on 9/22/09. (ejb) (Entered: 09/22/2009)
09/22/2009182 ORDER denying as moot 178 Gov's Motion for Order Dismissing Petition of Janet Henderson, mis-captioned in ECF as a Motion for Forfeiture of Property" as to James Otis Henderson (2). Signed by Magistrate Judge Dennis Howell on 9/22/09. (ejb) (Entered: 09/22/2009)
11/02/2009183 Service/Declaration of Publication by USA as to Jerry Pennington (Attachments: # 1 Exhibit A)(Ascik, Thomas) (Entered: 11/02/2009)
12/01/2009  NOTICE OF HEARING as to James Otis Henderson: Claim/Petition (doc. 172) Hearing set for 12/15/2009 10:30 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Thomas Selby Ellis III. This is your only notice - you will not receive a separate document.(siw) (Entered: 12/01/2009)
12/04/2009184  Settlement Agreement with Lienholder First Citizens Bank by USA as to James Otis Henderson re: 172 Claim filed by First Citizens National Bank & Trust Company (Ascik, Thomas) (Entered: 12/04/2009)
12/04/2009185  MOTION for Forfeiture of Property Final Order of Forfeiture and Approval of Settlement Agreement by USA as to James Otis Henderson. Responses due by 12/14/2009. (Ascik, Thomas) (Entered: 12/04/2009)
12/07/2009186  MOTION for Hearing on downward departure by James Otis Henderson. (Boggs, Thomas) (Entered: 12/07/2009)
12/07/2009187 ORDER APPROVING SETTLEMENT AGREEMENT AND THIRD FINAL ORDER OF FORFEITURE granting 185 Motion for Forfeiture of Property as to James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 12/7/09. (ejb) (Entered: 12/07/2009)
12/07/2009  NOTICE of Cancellation of Claim/Petition (doc. 172) Hearing scheduled for 12/15/2009 10:30 AM as to James Otis Henderson, pursuant to entry of 187 Order Approving Settlement Agreement and Third Final Order of Forfeiture (ejb) (Entered: 12/07/2009)
12/09/2009188  MOTION withdraw hearing request by James Otis Henderson. Responses due by 12/21/2009. (Boggs, Thomas) (Entered: 12/09/2009)
12/09/2009  TEXT-ONLY ORDER withdrawing 186 Motion for Hearing as to James Otis Henderson (2); granting 188 Motion to Withdraw Hearing Request as to James Otis Henderson (2) Text of Order: 188 Motion to withdraw Hearing Request is allowed and 186 Motion for Hearing on downward departure is withdrawn. So Ordered. Entered by Thomas Selby Ellis, III on 12/9. (ejb) (Entered: 12/09/2009)
12/15/2009189 Service/Declaration of Publication by USA as to Henderson Amusement, Inc., James Otis Henderson, Barron Sloan Henderson (Attachments: # 1 Exhibit A)(Ascik, Thomas) (Entered: 12/15/2009)
01/07/2010190  MOTION for Forfeiture of Property Fifth Preliminary Order of Forfeiture by USA as to Henderson Amusement, Inc., James Otis Henderson. Responses due by 1/19/2010. (Attachments: # 1 Exhibit Previous Answers to Interrogatories, # 2 Exhibit Promissory Note and Mortgage)(Ascik, Thomas) (Entered: 01/07/2010)
01/11/2010191 FIFTH PRELIMINARY ORDER OF FORFEITURE BY SUBSTITUTION OF PROPERTY granting 190 Motion for Fifth Preliminary Order of Forfeiture of Property as to Henderson Amusement, Inc. (1), James Otis Henderson (2) Signed by Thomas Selby Ellis, III on 1/11/10. (ejb) (Entered: 01/11/2010)
01/11/2010192  MOTION for Forfeiture of Property Sixth Motion for Preliminary Order of Forfeiture by Subsitution of Property by USA as to Barron Sloan Henderson. Responses due by 1/21/2010. (Attachments: # 1 Exhibit Ex. A, 140 Shadow Lane, # 2 Exhibit Ex. B, 211 Shadow Lane, # 3 Exhibit Ex. C, No. 709 Brighton, # 4 Exhibit Ex. D, Pine Ridge)(Ascik, Thomas) (Entered: 01/11/2010)
01/15/2010193 SIXTH PRELIMINARY ORDER OF FORFEITURE BY SUBSTITUTION OF PROPERTY granting 192 Motion for Forfeiture of Property as to Barron Sloan Henderson (3) Signed by Thomas Selby Ellis, III on 1/14/10. (ejb) (Entered: 01/15/2010)
02/08/2010194  MOTION for Hearing to adjudicate validity of interests in certain propertiesby Julie Maybry Henderson as to Barron Sloan Henderson. (pdf) (Entered: 02/08/2010)
02/19/2010195  MOTION for Discovery Re: Petition of Julie Maybry Henderson by USA as to Barron Sloan Henderson. Responses due by 3/1/2010. Motions referred to Dennis Howell(Ascik, Thomas) (Entered: 02/19/2010)
02/23/2010196  MOTION for Forfeiture of Property (Fourth Final Order of Forfeiture) by USA as to Henderson Amusement, Inc., James Otis Henderson, Barron Sloan Henderson. Responses due by 3/5/2010. (Attachments: # 1 Proposed Order)(Ascik, Thomas) (Entered: 02/23/2010)
02/24/2010197 FOURTH FINAL ORDER OF FORFEITURE granting 196 Motion for Forfeiture of Property as to Henderson Amusement, Inc. (1), James Otis Henderson (2), Barron Sloan Henderson (3) Signed by Thomas Selby Ellis, III on 2/24/10. (ejb) (Entered: 02/25/2010)
03/01/2010  NOTICE OF HEARING ON MOTION in case as to Barron Sloan Henderson 195 MOTION for Discovery Re: Petition of Julie Maybry Henderson, 194 MOTION for Hearing : Motion Hearing set for 3/9/2010 11:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Thomas Selby Ellis III. This is your only notice - you will not receive a separate document.(siw) (Entered: 03/01/2010)
03/01/2010198 USMS Return of Service of 177 Second Preliminary Order of Forfeiture of Property upon Anna Deaton 2/23/10 (ejb) (Entered: 03/01/2010)
03/05/2010199 DISCOVERY ORDER as to Barron Sloan Henderson. Signed by Thomas Selby Ellis, III on 3/5/10. (siw) (Entered: 03/05/2010)
03/18/2010200 NOTICE of Inmate Locator by USA as to James Otis Henderson (siw) (Entered: 03/18/2010)
03/18/2010201 NOTICE of Inmate Locator by USA as to Barron Sloan Henderson (siw) (Entered: 03/18/2010)
03/19/2010202 ORDER as to James Otis Henderson that the courts own Motion for Release of Bond is ALLOWED, the appearance bond in this matter is released and otherwise exonerated, and the Clerk of this court is respectfully directed to return to defendant, by way of counsel, or to the person posting the bond on behalf of such defendant, any instrument securing such obligation. The Clerk is further instructed to mark any such instrument as satisfied, or place thereon any such other endorsement as may be required. Signed by Magistrate Judge Dennis Howell on 3/18/10. (siw) (siw). (Entered: 03/19/2010)
03/19/2010203 ORDER as to Barron Sloan Henderson that the courts own Motion for Release of Bond is ALLOWED, the appearance bond in this matter is released and otherwise exonerated, and the Clerk of this court is respectfully directed to return to defendant, by way of counsel, or to the person posting the bond on behalf of such defendant, any instrument securing such obligation. The Clerk is further instructed to mark any such instrument as satisfied, or place thereon any such other endorsement as may be required. Signed by Magistrate Judge Dennis Howell on 3/18/10. (siw) (Entered: 03/19/2010)
03/22/2010205 USMS Return of Service of 170 First Final Order of Forfeiture of Property as to vehicles. (ejb) (Entered: 03/30/2010)
03/22/2010206 USMS Return of Service of 171 Second Final Order of Forfeiture of Property - served 1/20/10, see Remarks. (ejb) (Entered: 03/30/2010)
03/26/2010204 Service/Declaration of Publication by USA as to Barron Sloan Henderson (Attachments: # 1 Exhibit A)(Ascik, Thomas) (Entered: 03/26/2010)
06/14/2010207 USMS Return of Service re: 177 Second Preliminary Order of Forfeiture - vehicle sold at public auction on 5/19/10 & funds placed in AFF on 5/26/10. (ejb) Modified on 6/16/2010 to correct text (ejb). NEF Regenerated. (Entered: 06/16/2010)
06/14/2010208 USMS Return of Service re 171 Second Final Order of Forfeiture - 300 Video Poker Machines destroyed by Unicor on 5/28/10.(ejb) (Entered: 06/16/2010)
07/06/2010209 CLAIM by Wells Fargo Home Mortgage, Inc. as to Barron Sloan Henderson re: 193 Order on Motion for Forfeiture of Property (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Menk, Travis) (Entered: 07/06/2010)
07/07/2010210 USMS Return of Service re 177 Second Preliminary Order of Forfeiture of Property - see Remarks (ejb) (Entered: 07/08/2010)
08/05/2010211 Joint MOTION to Continue 30-day deadline for adjudication of third-party petition under 21 U.S.C. 853(n)(4) together with Wells Fargo by USA as to Barron Sloan Henderson. Responses due by 8/16/2010. (Ascik, Thomas) (Entered: 08/05/2010)
08/06/2010212 Certificate of Service by USA as to Barron Sloan Henderson re 211 Joint MOTION to Continue 30-day deadline for adjudication of third-party petition under 21 U.S.C. 853(n)(4) together with Wells Fargo (Attachments: # 1 Exhibit)(Ascik, Thomas) (Entered: 08/06/2010)
08/09/2010213 ORDER granting 211 Motion to Continue - to waive hearing, and the hearing required by 21 USC ยง 853(n)(4) is waived pursuant to such statute inasmuch as a hearing would not be in the interests of justice due to the fact that the parties are engaging in informal discovery and negotiations as to the underlying forfeiture issue. Respective counsel shall report back to the court within 60 days as to Barron Sloan Henderson (3). Signed by Magistrate Judge Dennis Howell on 8/8/10. (siw) (Entered: 08/09/2010)
10/08/2010214  Settlement Agreement between United States and Wells Fargo by USA as to Barron Sloan Henderson re: 209 Claim filed by Wells Fargo Home Mortgage, Inc. (Ascik, Thomas) (Main Document 214 replaced on 10/8/2010 with corrected PDF) (ejb). Modified on 10/8/2010 (ejb). NEF Regenerated. (Entered: 10/08/2010)
10/15/2010215  MOTION to Dismiss 211 Shadow Lane from 6th Preliminary Order of Forfeiture by USA as to Barron Sloan Henderson. Responses due by 10/25/2010. Motions referred to Dennis Howell(Ascik, Thomas) (Entered: 10/15/2010)
10/20/2010216 ORDER granting 215 Motion to Dismiss 211 Shadow Lane, Lyman, SC, from Sixth Preliminary Order of Forfeiture with prejudice as to Barron Sloan Henderson (3) Signed by Thomas Selby Ellis, III on 10/19/10. (ejb) (Entered: 10/25/2010)
11/19/2010217 Third MOTION for Forfeiture of Property (Preliminary Order of Forfeiture) by USA as to Jerry Pennington. Responses due by 12/2/2010. (Attachments: # 1 Proposed Order Third Preliminary Order of Forfeiture)(Ascik, Thomas) (Entered: 11/19/2010)
11/23/2010218 THIRD PRELIMINARY ORDER OF FORFEITURE SUBSTITUTING PROPERTY FOR PORTION OF PERSONAL MONEY JUDGMENT granting 217 Motion for Forfeiture of Property as to Jerry Pennington (4). Signed by Thomas Selby Ellis, III on 11/23/10. (nll) (Entered: 11/23/2010)
12/09/2010219 SEALED MOTION (Sealed - Attorney) Rule 35 Motion filed by USA; (available to: USA, James Otis Henderson) (Ellis, Corey) (Entered: 12/09/2010)
12/10/2010220 SEALED RESPONSE (Sealed - Attorney) to Motion by James Otis Henderson re 219 SEALED MOTION (Sealed - Attorney) Rule 35 Motion filed by USA; (available to: USA, James Otis Henderson) (Boggs, Thomas) Modified on 12/10/2010 by sealing document and restricting access to USA & James Otis Henderson) (ejb). NEF Regenerated. (Entered: 12/10/2010)
12/10/2010221 Deleted Duplicate Document, see document no. 220 . Modified on 12/10/2010 (ejb). NEF Regenerated. (Entered: 12/10/2010)
12/10/2010222 Deleted Triplicate Document, see document no. 220 Modified on 12/10/2010 (ejb). (Entered: 12/10/2010)
12/13/2010223 SEALED MOTION (Sealed - Attorney): (available to: James Otis Henderson, USA) (Boggs, Thomas) Modified on 12/16/2010 to convert entry to a Sealed Moton and add restricted access to USA (ejb). NEF Regenerated. (Entered: 12/13/2010)
12/22/2010224 USMS Return of Service of 218 Order on Motion for Forfeiture of Property re: $275.00 Check No. 001321, served 12/3/10 (ejb) (Entered: 12/22/2010)
01/25/2011225 Service/Declaration of Publication by USA as to Jerry Pennington (Attachments: # 1 Exhibit A)(Ascik, Thomas) (Entered: 01/25/2011)
01/27/2011226 NOTICE of Federal Bureau of Prisons - Inmate Locator - by Jeffrey Lee Childers - deft. released on 10/9/09. (siw) (Entered: 02/01/2011)
02/04/2011227 SEALED ORDER (Sealed - Attorney): as to James Otis Henderson re: 223 Sealed Motion (available to: USA, James Otis Henderson). Signed by Thomas Selby Ellis, III on 2/4/11. (ejb) (Entered: 02/04/2011)
02/09/2011228 SEALED DOCUMENT (Sealed - Attorney): (available to: USA, James Otis Henderson) (Boggs, Thomas) Modified on 2/15/2011 to also give access to James Otis Henderson (nll). NEF regenerated to deft. (Entered: 02/09/2011)
02/09/2011229 ORDER that the appearance bond in this matter is released and otherwise exonerated, and the Clerk of this court is respectfully directed to return to defendant, by way of counsel, or to the person posting the bond on behalf of such defendant, any instrument securing such obligations to Jeffrey Lee Childers. Signed by Magistrate Judge Dennis Howell on 2/8/11. (siw) (Entered: 02/09/2011)
03/15/2011230 USMS Return of Service re Judgment, see special instructions field for details. Served on 1/26/2009. (nll) Modified text and service date on 3/18/2011 (nll). NEF regenerated. (Entered: 03/15/2011)
03/22/2011  NOTICE OF HEARING ON MOTION in case as to James Otis Henderson 219 SEALED MOTION (Sealed - Attorney) Rule 35 Motion filed by USA; (available to: USA, James Otis Henderson), 133 MOTION to Reduce Sentence : Motion Hearing set for 3/25/2011 01:00 PM by video conference in the Conference Room before Thomas Selby Ellis III. This is your only notice - you will not receive a separate document.(pdf) (Entered: 03/22/2011)
03/25/2011  Minute Entry: MOTION HEARING as to James Otis Henderson held before Thomas Selby Ellis, III. Re 219 SEALED MOTION (Sealed - Attorney) Rule 35 Motion filed by USA; (available to: USA, James Otis Henderson), 223 SEALED MOTION (Sealed - Attorney). Government attorney: Corey Ellis, Richard Edwards, Tom Ascik. Defendant attorney: Thomas Boggs. Court Reporter Karen Miller. (pdf) (Entered: 03/25/2011)
03/29/2011231 SEALED ORDER (Sealed - Attorney): as to James Otis Henderson re: 219 Sealed Motion (available to: USA, James Otis Henderson). Signed by Thomas Selby Ellis, III on 3/25/11. (siw) (Entered: 03/29/2011)
06/15/2011232 USMS Return of Service re 218 Third Preliminary Order of Forfeiture Substituting Property for Portion of Personal Money Judgment - see remarks.(nll) (Entered: 06/15/2011)
10/03/2011233 ENTRY OF DEFAULT OF H&H PROPERTIES OF SPARTANBURG, LLC BY CONSENT of Henderson Amusement, Inc., James Otis Henderson, Barron Sloan Henderson. Signed by Thomas Selby Ellis, III on 9/29/11. (ejb) (Entered: 10/03/2011)
10/19/2011234 NOTICE of withdrawal of Motion by USA as to Jerry Pennington re 134 MOTION to Reduce Sentence (Ellis, Corey) (Entered: 10/19/2011)
03/20/2012235  MOTION to Dismiss Petition of Julie Henderson by USA as to Barron Sloan Henderson. Responses due by 3/30/2012. (Attachments: # 1 Appendix Exhibit List, # 2 Exhibit A, Deed Lot 74, # 3 Exhibit B, Deed Lot 75, # 4 Exhibit C. Deed, Unit 709, # 5 Exhibit D. Deed, 16.52 acres, # 6 Exhibit E. Power of Attorney, # 7 Exhibit F. Response to Interrogatories, # 8 Exhibit G. Deed, Lot 74, 5/28/10, # 9 Exhibit H. Deed, 16.52 acres, 5/28/10, # 10 Exhibit I. Deed, Unit 709, 5/27/10)Motions referred to Dennis Howell(Ascik, Thomas) (Entered: 03/20/2012)
03/20/2012236 EXHIBIT by USA as to Barron Sloan Henderson re: 235 Motion to Dismiss,, filed by USA (Ascik, Thomas) (Entered: 03/20/2012)
03/20/2012237 EXHIBIT by USA as to Barron Sloan Henderson re: 235 Motion to Dismiss,, filed by USA (Attachments: # 1 Exhibit M. 140 Shadow Lane, plat, # 2 Exhibit N. Separation Agreement, # 3 Exhibit O. Decree of Separation)(Ascik, Thomas) (Entered: 03/20/2012)
03/20/2012238  MOTION to Amend/Correct 193 Order on Motion for Forfeiture of Property to Correct Property Description by USA as to Barron Sloan Henderson. Responses due by 3/30/2012. Motions referred to Dennis Howell(Ascik, Thomas) (Entered: 03/20/2012)
03/20/2012239  MOTION for Forfeiture of Property Seventh Motion for Preliminary Order of Forfeiture by USA as to Henderson Amusement, Inc., James Otis Henderson. Responses due by 3/30/2012. (Ascik, Thomas) (Entered: 03/20/2012)
03/21/2012240 EXHIBIT by USA as to Barron Sloan Henderson re: 235 Motion to Dismiss,, filed by USA (Attachments: # 1 Exhibit K-2. Photo 140 Shadow Lane)(Ascik, Thomas) (Entered: 03/21/2012)
03/21/2012241 EXHIBIT by USA as to Barron Sloan Henderson re: 238 Motion to Amend/Correct filed by USA (Attachments: # 1 Exhibit K-2. Photo, 140 Shadow Lane)(Ascik, Thomas) (Entered: 03/21/2012)
03/21/2012242 EXHIBIT by USA as to Barron Sloan Henderson re: 238 Motion to Amend/Correct filed by USA (Attachments: # 1 Exhibit M. Plat, 140 Shadow Lane)(Ascik, Thomas) (Entered: 03/21/2012)
03/28/2012243 MEMORANDUM in Support by USA as to Barron Sloan Henderson re 235 MOTION to Dismiss Petition of Julie Henderson (Ascik, Thomas) (Entered: 03/28/2012)
03/28/2012244 NOTICE by USA as to Barron Sloan Henderson re 243 Memorandum in Support (Ascik, Thomas) (Entered: 03/28/2012)
03/30/2012245  MOTION for Extension of Time to File Response/Reply by Julie Maybry Henderson as to Barron Sloan Henderson. Motions referred to Dennis Howell(Devereux, Sean) (Entered: 03/30/2012)
03/30/2012246 RESPONSE in Support by USA as to Barron Sloan Henderson re 245 MOTION for Extension of Time to File Response/Reply (Ascik, Thomas) (Entered: 03/30/2012)
04/04/2012247 ORDER granting 245 Motion for Extension of Time to File Response as to Barron Sloan Henderson (3). Responses due by 4/20/2012. Signed by Magistrate Judge Dennis Howell on 4/4/12. (nll) (Entered: 04/04/2012)
04/20/2012248 NOTICE of withdrawal by USA as to Barron Sloan Henderson re 240 Exhibit, 244 Notice (Other), 237 Exhibit, 236 Exhibit, 235 MOTION to Dismiss Petition of Julie Henderson, 243 Memorandum in Support (Ascik, Thomas) (Entered: 04/20/2012)
04/23/2012249 Probation Jurisdiction Transferred to South Carolina-Greenville as to James Otis Henderson Transmitted Transfer of Jurisdiction form, with certified copies of indictment, judgment, financial payment sheet and docket sheet. (nll) (Entered: 04/23/2012)
05/01/2012250 ORDER granting 238 Motion to Correct Property Description as to Barron Sloan Henderson (3). Signed by Thomas Selby Ellis, III on 5/1/12. (nll) (Entered: 05/01/2012)
05/01/2012251 SEVENTH PRELIMINARY ORDER OF FORFEITURE as to Henderson Amusement, Inc., James Otis Henderson. Signed by Thomas Selby Ellis, III on 5/1/12. (nll) (Entered: 05/01/2012)
06/05/2012252 Service/Declaration of Publication by USA as to Henderson Amusement, Inc., James Otis Henderson (Attachments: # 1 Exhibit A)(Ascik, Thomas) (Entered: 06/05/2012)